Amend_2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 | 3

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

08-27-14

4. REQUISITION/PURCHASE REQ. NO.

SP4500-14-R-0008

5. PROJECT NO. (If applicable)

N/A

6. ISSUED BY CODE SP4500 7. ADMINISTERED BY (If other than Item 6) CODE SP4500

DLA Disposition Services 74 Washington Avenue North Battle Creek, MI 49017

ATTN: Sarah Rutkowski/DRMS-J 763

PHONE - (269) 961-4542 FAX: (269) 961-7115

EMAIL: sarah.rutkowski@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

SP4500-14-R-0008

9b. DATED (SEE ITEM 11)

08/06/2014

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

CODE: FACILITY CODE:

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ X ] is not extended

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return __1 _ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE PAGE 2

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

Sarah E. Rutkowski

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN 7540-01-152-9070 – Electronically Reproduced PerFORM (DLA) STANDARD FORM 30 (REV. 1083) PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

1. The purpose of this amendment is to answer questions, and provide replacement pages. Replacement page 26 adds

Amendment 0002 language regarding permits and identification to get on base under paragraph 1.1.1 (b). Replacement page 43 changes paragraph 2.1.5.1, Light Weight Bulk Shipments. Replacement page 74 changes paragraph 6.7, manpower reporting requirements, to read “Jacksonville and Puerto Rico”. Replacement page 92 revises the minimums for pickups to $2,000 per order for pickups in the Jacksonville area and $5,000 for pickups in Puerto Rico. It should also be noted that $2,000 per order does not guarantee that 1 order equal 1 pickup location. It is possible that there will be multiple pick up locations on one order totally $2,000.

2. The questions and answers are as follows:

a. (Q) Gov’t isn’t required to use DOT approved containers. Contractor has to absorb the cost of making containers

DOT shippable. How often do we have to over-pack non DOT drums?

(A) The Government does not anticipate the contractor will have to provide DoT shippable containers. However, per PWS section 1.2.3, the Government does not guarantee containers will be DOT shippable. In the event where there is a container that is not DoT shippable, the contractor shall be responsible to provide the DoT shippable container(s) at their expense.

b. (Q) Can the government provide examples of the lithium batteries that are part of retrograde shipments? Size, type, chemistry?

(A)The Government anticipates but does not guarantee the retrograded batteries coming in from Cuba are 80 - 90 % small type i.e. "D cell" in size with the remainder usually being the BA90 type. They typically come in a 5 gallon bucket(s) and usually are in quantities of less than 30 pounds in total i.e., no large retrogrades of batteries.

c. (Q) Based on the solicitation set aside for 100% small business, is the size limit $38.5M?

(A) Yes that is the size limit for NAICS Code 562211

d. (Q) Are there minimum size pick-up requests?

(A) Minimums are referenced on replacement page 92 in FAR clause 52.216-19

e. (Q) When the bid schedule says high level of mercury, is it above 260ppm and is there elemental mercury in it as well?

(A) See PWS section 2.1.6. Elemental Mercury may require disposal via this contract.

f. (Q) Is there any way we can get more information on the constituents contained in the submarine titles, CDE kits, PCM, bondcote tents and the sonar domes?

(A) This CLIN structure is based off of categories designed to correspond with EPA Characteristic Waste Codes.

The Government shall order the applicable CLIN category based off of what waste codes apply.

g. (Q) With the containers that are 275 gallon, are they being cleaned out or are they to be quoted for disposal?

(A) CLIN 6377AM will be ordered to provide an unused 275 gallon UN31HA/Y tote. When a disposal CLIN is ordered for the removal of waste that is contained in these totes, the tote shall not be required to be returned.

h. (Q) Can we get more information about the following CLINS? 9500 solvents: what are the solvents and what is the process that generates them? 9559 electroplating: What is the composition and what is being plated? 9200 Corrosives: What is the composition and what is the process that generates them? 9300 Reactives: What is the composition and what is the process generating them? 9580 Leachate: What is the composition and what is the process that generates them? 9600 Industrial Process: What is the composition and what is the process that generates them? 9700 Acute Hazardous Waste: What is the composition and what is the process that generates them? 9750 Toxic: What is the composition and what is the process that generates them? 9900 Non RCRA: What is the composition and what is the process that generates them?

(A) This CLIN structure is based off of categories designed to correspond with EPA Characteristic Waste Codes. The

Government shall order the applicable CLIN category based off of what waste codes apply.

Amendment 0002

i. (Q) In clause 2.1.5.1, Light weight surcharges, why are we required to make our surcharge price the same price as the associated bulk disposal CLIN?

(A) 2.1.5.1 is revised on replacement page 43

j. (Q) Are we required to purchase our own forklift to load at each site and will the government offer a location on site to store the forklift between shipments?

(A) The Contractor shall fulfill the contract requirements for loading, e.g., see PWS section 1.2.6. Forklift storage has been available at NAS Jacksonville but the Government does not guarantee storage space will remain available.

k. (Q) CLIN 6502BB, Management services for Mayport's Biennial report, will Mayport provide the forms that is needed to complete the report?

(A) The Contractor shall provide all forms required when CLIN 6502BB is ordered.

l. (Q) CLIN 6502MV, NEX Mayport, is 1 each considered 16 hours and are we responsible for providing all drums and packing materials? Also the wrong clause is referenced on the bid schedule.

(A) The unit of issue for CLIN 6502MV is ‘each’ and shall include one qualified person for a time period of two 8 hour days, see PWS section 3.14. The bid schedule shall be revised to show that CLIN 6502MV references 3.14 not 3.10.

m. (Q) Is there a minimum on ordering supplies CLINs in the 6377 series?

(A)The Government does not guarantee a certain number of containers will be ordered on a TO every time a container CLIN is ordered. Special Services CLINs (6300 – 6699) are exempt from meeting the TO minimum per the Contract Instructions and Information section of this contract.

n. (Q)Can you provide a timeframe for contract award?

(A) Current contract expires November 14, 2014. It is our intention to have the new contract awarded by then.

o. (Q) Can you provide a timeframe for contract start date? Will the awardee have enough time to apply for Rapid Gate

Entry? Or is it recommended to possess RGE at time of submission?

(A) It is always the intention of DLA Disposition Services to award a contract 30 days prior to the beginning of performance. It has been recommended that at least 30 days are allowed to obtain RAPID Gate Entry.

p. (Q) Environmental Enterprises, Inc (EEI) from Cincinnati, OH is not listed on the current approved facilities list. I thought they were listed previously. Has EEI not met your approval or did they let their registration with DLA lapse?

(A) EEI has been reactivated, they were removed for non-use.

q. (Q) Midwest Transporters from Cincinnati, OH is not listed on the current approved transporter list. I thought they were listed previously. Has EEI not met your approval or did they let their registration with DLA lapse?

(A) Midwest Transporters have never been on the qualified transporters list. They would need to complete a package and submit for approval to be on the list.

r. (Q) Can you provide the insurance minimums that this contract requires?

(A) The hazardous disposal industry standards are the minimum required coverage amounts.

3. No other changes are authorized and all terms and conditions and closing date remain the same.

Replacement Page 26 of 126

a. The Contractor shall provide all services necessary for the final treatment/disposal of DoD waste listed in the schedule in accordance with (IAW) all local, state, international, and Federal laws and regulations in addition to all the terms and conditions of this contract. These services shall include all necessary personnel, including applicable subcontractors, labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract. All Contract Line Item Numbers (CLINs), regardless of their condition, are being discarded by the Government and are considered to be waste.

b. The Government agrees that all waste placed on Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and Federal laws and regulations relating to the generation and storage of hazardous property.

1. REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining all necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling or disposal decisions. This shall include acquiring all permits or registrations necessary to operate on any installation listed in this contract, and completing the Notification of Regulated Waste Activity form for the generators of hazardous waste to sign and file with the applicable state regulators for waste disposal. This shall include signing (on behalf of the Government) waste profiles requested by Treatment Storage Disposal Facilities (TSDFs). All Contractor signed waste profile sheets shall be written for the actual wastestream, using the generator’s profile for backup documentation. All generator forms or other means of notifications, including correspondence with Federal or state agencies on behalf of a generator, shall be coordinated with and concurred with by the affected generator prior to submission to any Federal or state agencies.

b. The Contractor may be required to attend training, seminars, instructions, classes, etc., to perform work on, or gain access to, the installation. Examples: pass and ID requirements, antiterrorist training, EMS policies, forklift training, etc. This shall include acquiring Transportation Worker Identification Credential (TWIC) cards for access to applicable pickup points, e.g., JAXPORT Terminal at Blount Island (see http://www.jaxport.com/cargo/port-security).

c. Any shipments outside the United States shall comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the DoD activity, the Contractor shall be required to provide a current copy of the Acknowledgment(s) of Consent to the Contracting Officer Representative (COR) with the shipping documentation, IAW Section 1.1.2. The Contractor shall not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions.

1.1.2 SHIPPING DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. The Contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets required for acceptance of waste into a DLA Disposition Services Qualified Facility, land disposal restriction notifications and any other shipping documents. The Contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate Government official at least five (5) business days prior to removal, except documentation submitted for expedited orders, which shall be IAW notification timeframes as listed elsewhere in this contract. Prior to removal from a site

Replacement Page 43 of 126

2.1.5 LIGHT WEIGHT WASTE

The Government anticipates shipping bulk items of various sizes and densities, both RCRA and non- RCRA. This may include, but is not limited to construction and demolition materials, rags, paper, plastic, etc.

2.1.5.1 LIGHT WEIGHT BULK SHIPMENTS - CLINs 9407SC, 9407RC, 9507SC, 9537SC, 9907SC & 9907RC

a. For contract purposes, any bulk wastes weighing less than three hundred (300) pounds per cubic yard will be suffixed as identified above. Due to the difficulty involved in estimating the weight of bulk items, if the wrong CLIN is ordered on the Task Order the COR will contact the Contracting Officer for a CLIN change prior to removal. The Contractor shall be responsible to notify the COR of any HIN change request prior to the removal. Calculations of the weight per cubic yard will be arrived at using the requirements per section 1.2.7 or by using the following formula: Net Weight of waste (Total weight minus container weight) divided by the size of container in Cubic Yards.

b. Bulk items not meeting the definition of light weight above will be ordered under the standard (non-suffixed) bulk solid CLINs.

2.1.6 DISPOSAL FOR HIGH LEVEL MERCURY - CLINs 6500MM & 6500RM

Hazardous wastes that exhibit the characteristic of toxicity for mercury (greater than 0.2 mg/L mercury after TCLP) and greater than or equal to 260 mg/kg will be ordered with the unit of issue of pounds in an equal number of pounds to that of the disposal CLIN. This CLIN will be ordered as a surcharge in conjunction with the disposal CLIN. CLINs 6500MM and 6500RM do not apply to disposal CLINs suffixed with an M in the fifth or sixth position.

2.1.7 EMPTY CONTAINERS

Prior to reuse or sale of empty containers, the Contractor shall comply with the empty container requirements of RCRA, the empty packaging and other shipping requirements of DoT and obliterate all markings and labels. The Contractor shall be exempt from the requirement to obliterate markings and labels only if the containers are crushed and sent to a scrap operation, crushed and sent to a landfill or if the containers are physically disposed of concurrently with their contents (i.e., incineration/landfill).

2.2 DISPOSAL OF POLYCHOLORINATED BIPHENYLS (PCB), PCB CONTAMINATED

AND NON-PCB MATERIAL - 7000 Series CLINs and 9***PP Series CLINs

All PCB, PCB contaminated and non-PCB material under this contract shall be transported and disposed within the continental United States (except for such outside transportation and disposal as would be required for all pickup sites located outside the continental United States). For purposes of this

REPLACEMENT PAGE 74 OF 126

The contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

The contractor agrees that notice to the contractor representative(s) listed constitutes notice to the contractor, and agrees to be bound by any commitments or representations made by this representative.

NAME

TITLE

PHONE NUMBER

24 HOUR EMERGENCY NUMBER

6.6 INCIDENTAL FEES

Any incidental state or local fee, tax or penalty assessed against DoD/ DLA Disposition Services arising from the contractor’s decisions in the performance of this contract will be paid by the contractor, including, but not limited to: Any fee, tax, or penalty levied as a result of a contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

6.7 MANPOWER REPORTING REQUIREMENTS

a. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) for performance of services provided under this contract for DLA Disposition Services Jacksonville and Puerto Rico via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

b. Reporting inputs will be the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at help desk at http://.www.ecmra.mil/.

7.0 PERIOD OF PERFORMANCE – INCLUDING DISPOSAL AND REMOVAL

a. The Contractor shall begin contract performance upon issuance of each written task order and provide all services listed on the Bid Schedule in accordance with all terms and conditions of this contract. Task orders against this contract may be written for a period of ___54____ months from date of award.

b. All items shall be removed from the Government facilities within _15 calendar days_ after issuance of each written task order. Removals, regardless of their performance timeframe, will not commence until the COR/COTR or other Government representative has confirmed the identity of the driver via a current Commercial Driver’s License (CDL). Disposal of all items identified in this contract shall be completed as follows; within two hundred twenty-five (225) calendar days after issuance of each written task order for hazardous items with a final disposal method other than destructive incineration. For hazardous items that must be disposed of via destructive incineration, disposal of all items shall be completed within three hundred fifteen (315) calendar days after issuance of each written task order.

REPLACEMENT PAGE 92 OF 126

or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems. When the Contractor employee departs, the Contractor will relay departure information to the cognizant DLA Security Office so appropriate databases can be updated. The Contractor will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) form 2875. The Contractor will be responsible for any costs involved for failure to complete the out-processing, including recovery of Government property and investigation involved.

(p) These Contractor security requirements do not excuse the Contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. The Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.

(q) The Contractor shall not bill for personnel, who are not working on the contract while that Contractor employee’s clearance investigation is pending.

(End of Clause)

DLAD 52.215-9016 NOTICE TO CONTRACTORS AND DEFENSE FINANCE ACCOUNTING

SERVICES (DFAS) (NOV 2011)

FAR 52.216-22 - INDEFINITE QUANTITY (OCT 1995)

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months.

DFARS 252.216-7006 - ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award, through 18 months.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 for locations in Florida and $5,000 for locations in Puerto Rico, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $300,000.00; (2) Any order for a combination of items in excess of $500,000.00; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any