SP4500-16-R-0008.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000048632

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4500-16-R-0008

5. SOLICITATION NUMBER

2016 JUN 17

6. SOLICITATION ISSUE

DATE

Daniel Schuemann PWMPHW6

a. NAME

Phone: 269-961-5238

b. TELEPHONE NUMBER (No Collect calls)

2016 JUL 18

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4500

DLA DISPOSTION SERVICE - EBS

DLA DISP SVCSS HAZ CONTRACT

74 NORTH WASHINGTON

BATTLE CREEK MI 49037-3092

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

562211NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

04:30 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SP4500-16-R-0008 Page 1 of 98

Notes to Offerors

1. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance based contract and allows the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met (see section 4).

2. This contract is for various military and Government activities related to the Naval Air Weapons Station - China Lake, CA (NAWSCL). Unless specified otherwise in DLA Disposition Services 52.211-9R06, Period of Performance Including Disposal & Removal, the standard removal timeframe for all task orders is fifteen (15) calendar days from the date of order issuance. The Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during the normal hours of operations for the installation. NAWSCL operates on a 5/4, 9 “Flex” schedule. Excluding weekends and observed Federal holidays, normal operating hours for NAWSCL are as follows: for Flex weeks Monday - Thursday 7:00 am to 5:00 pm, and for “Non-Flex” weeks, Monday - Thursday 7:00 am to 5:00 pm and Friday 7:00 am to 4:00 pm.

3. The Contractor is cautioned that the land area of NAWSCL is ≥1.1 million acres, and is accessed throughout by both paved and unpaved roads. The terrain and driving conditions vary from residential and industrial areas, to open desert, to steep and rocky mountain areas. Some pick-up points will require extended travel time (≥1-3 hrs. round trip) off and/or on-Station. The Contractor shall account for this extended travel time in the pricing of their Contract Line Item Numbers (CLINs) on the Bid Schedule in Section B.

4. This contract contains some “Technology” specific CLINs, listed on the Bid Schedule in Section B, which are based on the waste treatment standards established under Federal and State laws and regulations. Waste removed under these CLINs will be treated, recycled, and/or disposed under the terms and conditions of this contract, using an approved method for the technology specified. In those instances where a waste requires treatment prior to final treatment/disposal (e.g.; Arsenous Acid), CLIN selection shall be based on the “Interim Treatment” technology (see 2.5.1.b(1)).

5. Some waste ordered on this contract requires the Contractor to furnish Certificates of Recycling and/or Certificates of Disposal (mandatory). The Contractor is cautioned to read on Demilitarization of Government Property (2.5.9); Compressed Gas Cylinders (2.5.6); PCBs (2.5.5); and the Disposition Services Report Requirements (2.4.2).

6. Publications and attachments applicable to this contract will be made available upon request.

It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, or deletions to those listed.

7. The Contractor is cautioned that some requirements for information and plans are required before start of work on this contract.

SP4500-16-R-0008 Page 2 of 98

8. The email address for submission of offers is daniel.schuemann@dla.mil . All offers submitted will receive a confirmation email from the Contracting Officer. If you do not receive a confirmation email, contact Daniel Schuemann at 269-961-5238 before the close of the solicitation.

9. All questions regarding this solicitation must be received no later than July 8th, 2016. Any questions submitted after this date may not be addressed.

10. Reference projects/contracts and corresponding reference surveys are limited to three projects/contracts considered by the offeror to be the most relevant to the requirements of this solicitation. If more than three projects/contracts with reference surveys are received, the Government will consider the first three projects/contracts received based upon the date and time the reference surveys are received.

SP4500-16-R-0008 Page 3 of 98

TABLE OF CONTENTS

1. PERFORMANCE WORK STATEMENT

1.1 SPILL RESPONSIBILITY AND CLEAN-UP

1.2 CONTRACTOR PERSONNEL

1.3 HOURS OF OPERATION

1.4 PUBLIC AFFAIRS COORDINATION

1.5 ENVIRONMENTAL MANAGEMENT SYSTEM

2. REMOVAL SERVICES

2.1 GENERAL DESCRIPTIONS AND REQUIREMENTS

2.2 PRE-REMOVAL

2.2.1 PERMIT/SPECIAL REQUIREMENTS

2.2.2 SHIPPING DOCUMENTATION

2.2.3 NOTIFICATIONS

2.2.4 TRAILER SECURITY/PADLOCKS

2.2.5 CHARGES FOR EXPEDITES

2.2.6 SURCHARGE FOR ZONE “A” POISON GASES

2.2.7 TRANSPORTATION DEMURRAGE

2.3 REMOVAL

2.3.1 SEGREGATION OF HAZARDOUS WASTE

2.3.2 STATEMENT ON CONTAINERS

2.3.3 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITIES

2.3.4 LOADING

2.3.5 WEIGHING OF PROPERTY

2.3.6 BULK LIQUID PUMPING

2.3.7 SMALL CONTAINERS AND CONTENTS

2.3.8 BULKING AND CONSOLIDATION

2.4 POST REMOVAL

2.4.1 RETURN OF SHIPPING DOCUMENTATION

2.4.2 DISPOSITION SERVICES REPORT REQUIREMENTS

2.4.3 NON-MANDATORY CERTIFICATES OF DISPOSAL/DESTRUCTION

2.5 DISPOSAL/RECYCLING

2.5.1 GOVERNMENT SELECTED DISPOSAL AND FINAL

TREATMENT/DISPOSAL/RECYCLING

2.5.2 DETAILED ANALYSIS

2.5.3 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING,

ANTIFREEZE RECYCLING, BATTERY RECYCLING/RECLAMATION, AND

FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE

LAMPS

2.5.4 EMPTY CONTAINERS

2.5.5 POLYCHLORINATED BIPHENYL DISPOSAL

2.5.6 COMPRESSED GAS CYLINDERS AND CARTRIDGES

SP4500-16-R-0008 Page 4 of 98

2.5.7 RECYCLING/REUSE/RECLAIM

2.5.8 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.5.9 DEMILITARIZATION VIA SERVICE CONTRACT

3. SPECIAL SERVICES

3.1 RESERVED

3.2 PERFORM SAMPLING/ANALYSIS

3.3 STORAGE CONTAINERS/ROLL-OFF CONTAINERS AND RENTAL

3.3.1 CONTAINMENT TANK/FRAC TANK WITH SECONDARY

CONTAINMENT

3.4 PROVIDE PACKAGING CONTAINERS/MATERIALS

3.5 TRANSPORTATION ON GOVERNMENT PREMISES

3.6 RECONTAINERIZATION/REPLACEMENT OF VALVES

3.7 LAB PACK SERVICES

3.7.1 CONTRACTOR-PREPARED LAB PACKS

3.7.2 GOVERNMENT-PREPARED LAB PACKS

3.8 HAZ CAT IDENTIFICATION SERVICES

3.9 TANK SERVICES

3.10 PROCESS ELECTRONIC DEVICES

3.11 EXCAVATION OF SOIL

4. ACCEPTABLE PERFORMANCE LEVELS

5. USE OF FACILITIES AND TRANSPORTERS

5.1 QUALIFIED FACILITIES

5.2 QUALIFIED TRANSPORTERS

5.3 ADDITIONAL TSDFS AND TRANSPORTERS

6. ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 REPORTING REQUIREMENTS

6.3 PACKING, MARKING AND LABELING

6.4 PLACES OF GOVERNMENT INSPECTION

6.5 CONTRACTOR REPRESENTATIVE

6.6 INCIDENTAL FEES

6.7 MANPOWER REPORTING REQUIREMENTS

7. PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8. DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE,

INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.1.1 ACCEPTANCE AND INVOICING

8.2 POST-PAYMENT TRACKING

8.3 REMEDIES FOR NON-COMPLIANCE

SP4500-16-R-0008 Page 5 of 98

PERFORMANCE WORK STATEMENT

a. The Contractor shall deliver the services required by this contract in accordance with all Federal, State, local, and international laws and regulations, Navy Instructions, the Naval Air Weapons Station, China Lake (NAWSCL) Hazardous Waste Storage & Transfer Facility (HWSTF) operating permit, the US Army Corps of Engineers (USACE) EM 385-1-1, and all other terms and conditions contained herein. These services shall include the compilation and submission of all documentation required by this contract.

b. This contract includes all RCRA, Non-RCRA, TSCA, State regulated, and Universal wastes.

The following wastes are excluded from the standard removal requirements of this contract:

radiological, biological, material potentially presenting an explosive hazard (MPPEH) that is not safe certified, and energetics. The Contractor may inadvertently encounter MPPEH/energetics and/or equipment and materials containing low level radiological hazards (e.g., Radium dials, smoke detectors, Thorium Nitrate, Uranyl Nitrate, etc…) and be required to work around areas known to contain MPPEH/energetics (e.g., research and development laboratories, limited use production facilities, storage bunkers, etc…) in the course of delivering the services required by this contract. The Contractor agrees to fulfill the requirements of multiple task orders issued simultaneously under this contact, such as standard and expedited waste removals.

c. The Contractor agrees to provide all services necessary for the final treatment, recycling, or disposal of the hazardous property listed on the Price Schedule in Section B in accordance with all Federal, State, local, and international laws and regulations, and the terms and conditions of this contract. These services shall include, but are not limited to, all necessary equipment, personnel, including applicable subcontractors, labor, sampling/analysis, containers, supplies and materials, transportation, and the compilation and submission of all documentation required by this contract. All hazardous CLINs, regardless of their condition, are being discarded by the Government and are considered to be waste.

d. The Contractor shall be required to obtain identification cards for all Contractor and subcontractor personnel for unescorted access as required by NAWSCL Security. The Contractor agrees that his personnel and equipment are subject to safety and security inspections by Government personnel while on Federal property.

e. Photographic or image recording devices, and their media in any form, shall not be permitted on NAWSCL without prior consent and the proper clearances. The Government will not be held accountable or liable for any loss or damage cause to photographic or image recording devices, and the media, found in violation of this requirement and subsequently confiscated.

The Contracting Officer/COR, lacking appropriate clearances, does not have the authority to authorize the use of such devices.

1.1 SPILL RESPONSIBILITY AND CLEAN UP

a. The Contractor shall be solely responsible for any and all spills, leaks, or releases that occur as a result of, or are contributed to by, the actions of its agents, employees, or subcontractors.

SP4500-16-R-0008 Page 6 of 98

The Contractor agrees to clean up and manage such spills, leaks, or releases to the satisfaction of the Government and in a manner that complies with Federal, State, local laws and regulations. The cleanup shall be at no additional cost to the Government.

b. In the event that the Contractor causes a release of any hazardous substances, including gases, and the release is not considered "incidental" as defined below, the Contractor shall immediately call 911 (NAWSCL Police/Fire Dispatch) and notify the HWSTF Operations Manager to provide available information on the spill. Under no circumstances will the Contractor contact Federal or State regulatory agencies to report the spill. If the release is considered to be "incidental", then the Contractor does not call 911, but still notifies the HWSTF Operations Manager. An incidental release is a release of a hazardous substance that:

1) Does not pose a significant safety or health hazard to employees in the immediate vicinity of the release (i.e. minor safety or health hazards are presented to employees in the immediate work areas);

2) Does not pose a significant safety or health hazard to the employee conducting the cleanup;

3) Does not have the potential to become an emergency within a short timeframe; and

4) Limited in quantity, exposure potential, and toxicity.

c. If Government assistance (e.g., labor, material, equipment, clothing, sample analysis, etc…) is requested or required, the Contractor will reimburse the Government for such assistance.

The Government must initiate its own spill cleanup procedures, for Contractor responsible spills, when:

1) The Contractor has not begun spill cleanup within one (1) hour of spill discovery/occurrence; or

2) If, in the Government's judgment, the Contractor's spill cleanup is not adequately abating life threatening situation and/or is a threat to any body of water or environmentally sensitive areas.

d. Post cleanup confirmation sampling will always be required. Certified analytical laboratory results, from post site cleanup activities (confirmation sampling), must be provided to the HWSTF Operations Manager within five (5) calendar days of the collection date.

1.2. CONTRACTOR PERSONNEL

All Contract personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, to the minimum requirements under relevant OSHA, EPA, DOT and EM 385 standards. The Contractor shall be responsible for all initial and refresher training required by contract personnel and it shall be completed in the

SP4500-16-R-0008 Page 7 of 98 appropriate timeframes. Upon request, the Contractor shall provide proof that these trainings were completed.

1.3 HOURS OF OPERATION

The Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during normal hours of operations for the installation, unless specified otherwise. NAWSCL operates on a 5/4, 9 “Flex” schedule. Excluding weekends and observed Federal holidays, normal operating hours for NAWSCL are as follows:

for Flex weeks Monday - Thursday 7:00 am to 5:00 pm, and for “Non-Flex” weeks, Monday - Thursday 7:00 am to 5:00 pm and Friday 7:00 am to 4:00 pm.

1.4 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting Officer.

Under no circumstances shall any statement be released to the news media directly by the Contractor or any of the employees of the Contractor.

1.5 ENVIRONMENTAL MANAGEMENT SYSTEM

a. The DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), DoD, and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services Mission. The DLA Disposition Services EMS program is explained in DLA Disposition Services Manual 6050.02, Environmental Management System. An electronic version of the manual may be provided to the Contractor upon request by DLA Disposition Services.

b. Site supplements to the DLA Disposition Services manual 6050.02 describe information required by EMS at a local level such as local, state, and host environmental regulations as well as local emergency procedures and operating systems unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DoD/DLA host facility EMS program. Copies of site supplements may be obtained from the EMR appointed at each site with an EMS.

c. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services EMR and Host facility EMR for specific guidance concerning an individual facilities' EMS program.

SP4500-16-R-0008 Page 8 of 98

d. The Disposition Services EMR maintains a list of sites that have a site EMS. Contractors may request a copy of the list from the DLA Disposition Services EMR through the CO.

2 REMOVAL SERVICES

2.1 GENERAL DESCRIPTION/REQUIREMENTS

The requirements for removal, transportation, and disposal/recycling of wastes under this contract are divided into three main phases - Pre-Removal (3.1), Removal (3.2), and Post- Removal (3.3). The Contractor, and his subcontractors, must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills.

Handling and Personnel Protective Equipment (PPE) shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste. When operating within an EPA or State permitted DoD Hazardous Waste (HW) storage facility, the Contractor is required to use forklifts with specifications that meet the applicable permit requirements. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

2.2 PRE-REMOVAL

2.2.1 PERMIT / SPECIAL REQUIREMENTS

a. The Contractor shall, without additional expense to the Government, be responsible for payment of all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, or disposal decisions and any required permits or registrations necessary to operate on NAWSCL property.

This includes the preparation of waste disposal profiles requested by Treatment, Storage, & Disposal Facilities. All waste disposal profile sheets shall be written for the actual wastestream using the generator’s profile or hazardous waste characterization form for backup documentation. All generator forms or other means of notifications including correspondence with Federal, State, or local agencies on behalf of a generator must be coordinated with and concurred with by NAWSCL prior to submission to any Federal, State, or local agency. (See also 1.5.)

b. Any shipments outside the United States must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the Department of Defense (DoD) activity, the Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the HWSTF Operations Manager and Contracting Officer’s Representative (COR) with the shipping documentation in accordance with 3.1.2. The Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) land disposal restrictions.

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2.2.2 SHIPPING DOCUMENTATION

a. All references to manifests or bills of lading in this provision refer to the appropriate shipping papers. Prior to removal from a site identified as a pickup point in this contract (i.e.

any location at the installation, but primary from the HWSTF), completed copies of all manifests, or bills of lading, whichever are applicable, and LDR notifications shall be furnished to the Disposition Services Field Activity coordinating the waste disposal. All documentation shall be clearly marked with the name of the servicing Disposition Services Field Activity in addition to the Generator, contract, and TO number, as applicable. Emergency response information and 24-hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document.

The Contractor shall provide the COR or the Contracting Officer Technical Representative (COTR) with a copy of the completed form(s), including handling codes listed in 22 CCR 66264 Appendix II on manifests, for review by the appropriate Government official at least five

(5) business days prior to removal. Expedited orders shall be performed IAW notification timeframes as listed in the Contract Instructions and Information section in this contract.

b. Mock EPA ID numbers created by DLA Disposition Services for use at non-RCRA TSDFs must be entered on all applicable shipping documentation such as non-hazardous waste manifests and bills of lading (BOL). The same mock EPA ID number must be used on DLA Disposition Services Form 1683, Manifest Tracking Log.

c. The Contractor shall perform all dry weight computations for those hazardous wastes destined for land disposal in Texas and shall provide all such computations to the COR for recordkeeping purposes. This computation shall be furnished along with the copy of the Generator manifest.

d. The “Universal Waste” Rule, 40 CFR, Part 273, does not require the use of a hazardous waste manifest to ship universal waste within, to, or through a state that has adopted the Universal Waste Rule. Whenever universal waste is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used. The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” Block when universal waste is being transported (e.g., “Universal Waste – Shipment!”).

Shipments of universal waste must comply with the requirements specified in 40 CFR 273.18 and 273.38, as well as 22 CCR 66273.38. The term “Universal Waste” includes batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR 260.10. It also includes State regulated universal wastes, such as electronic devices and cathode ray tubes (CRTs) as defined in 22 CCR 66260.10 and aerosol cans as defined in the California Health and Safety Code 25201.16. The regulations allow the generator to make the determination about whether to handle these specific wastes as universal waste or as hazardous waste under specifications listed in 40 CFR, 22 CCR, or the California Health and Safety Code. The Contractor will be advised on the task order if these wastes are to be handled as “Universal Waste”. Unless otherwise prohibited, the Contractor shall use a Non-Hazardous Waste Manifest for shipments of universal waste from NAWSCL.

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2.2.3 NOTIFICATIONS

a. Except as otherwise specified herein, the Contractor shall notify the HWSTF Operations Manager and COR, at least five (5) business days BEFORE attempting the removal services requested on each task order. In addition to the notification above, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number, and CDL expiration date to the HWSTF Operations Manager and COR at least twenty-four (24) hours prior to removal. As an alternative the Contractor may opt to provide a list of approved drivers designated for pickups under this contract to the HWSTF Operations Manager and COR prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the twenty-four (24) hour notification requirement is mute for the remainder of the contract unless otherwise modified. The Contractor shall provide an updated list as needed and at least yearly. If a driver, other than the one specified twenty-four

(24) hours in advance for the specific task order; or, one whose name does not appear on the optional list of approved drivers, arrives for pickup, the COR will verify the personnel switch with the Contractor before the pickup commences. This may require submission of a written notice or fax from the Contractor.

b. For task orders containing the “Expedited Removal” CLIN (see 2.2.5), the Contractor shall notify the HWSTF Operations Manager and COR at least four (4) hours BEFORE attempting the removal service requested. This expedited removal requirement is an exception to the standard removal timeframes specified in DLA Disposition Services 52.211-9R06. In addition, the Contractor shall be required to provide the information specified in Paragraph a. above at least four (4) hours prior to removal. If the Contractor elects to provide the list of approved drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated elsewhere within this Section apply to any of the aforementioned expedited removal service CLINs.

2.2.4 TRAILER SECURITY / PADLOCKS

a. All Contractor trailers and tankers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers and tankers capable of being padlocked must also be padlocked again prior to departure from the pickup location. The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR. Only waste(s) managed under this contract, or another DoD/DLA contract, may be transported on NAWSCL property.

b. The HWSTF Operations Manager or COR has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific Clauses in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

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c. The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance if the Contractor has a trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

2.2.5 CHARGES FOR EXPEDITES - CLINs 6332-6335, 6342-6345

a. When the expedited removal CLINs are ordered, waste must be removed within the specified calendar day timeframe. Expedited removal CLINs may be ordered in association with any disposal CLIN(s) at any pick-up point(s) in the contract (i.e. any location at the installation). This is an exception to the standard removal timeframe as specified in Section 7.

Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 6332-35 will be ordered based on the amount of waste to be removed. One (1) each will be ordered for containerized waste up to forty (40) 55-gallon containers or the equivalent. For bulk removals, one (1) each of CLIN 6332, 6333, and 6334 is limited to one (1) TO line not to exceed 40,000 pounds for solids, or 5,000 gallons for liquids.

b. When the expedited performance CLINs are ordered, performance must be accomplished within the specified calendar day timeframe. Expedited service CLINs may be ordered in association with any service CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard performance timeframe as specified in Section 7. Minimum TO charges will not apply to a TO containing an expedited service CLIN. When expedited service is required, CLIN 6343-6344 will be ordered based on the amount of service to be performed.

One (1) each of CLIN 6343-44 will be ordered for up to five (5) Special Service TO lines.

Ordering of an expedited CLIN is further limited to one (1) each expedited CLIN per pick-up location including the surrounding area (i.e. any location at the installation).

c. Contractor shall provide the COR with the required paperwork as follows:

CLINs Description Paperwork

Submission 6335, 6345 1-Day Expedite Before

Performance 6333, 6343 5-Day Expedite 2 Days Prior to Performance

6332, 6342 7-Day Expedite 4 Days Prior to Performance

2.2.6 SURCHARGE FOR ZONE “A” POISON GASES – CLIN 6610PA

CLIN 6610PA will be ordered as one (1) each “EA” per task order if any gases on the task order are classified as “Poison-Inhalation Hazard, Zone A” and require a dedicated truck for removal (see 49 CFR 173.116).

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2.2.7 TRANSPORTATION DEMURRAGE – CLIN 6396TD

CLIN 6388TD will be ordered for transportation demurrage when trucks performing removal services are delayed due to unscheduled NAWSCL Range activities. One (1) each “EA” will be ordered for each hour, or portion thereof, the trucks are delayed. For “Lock-Ins” the demurrage charge time will start when the truck is halted from proceeding and end when the truck is released. For “Lock-Outs” the charge will start at the scheduled arrival time or when the truck arrives at the HWSTF, whichever is later, and end when truck is allowed to proceed.

2.3 REMOVAL

2.3.1 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial TSDF is reached. The items must be so marked, that they are readily identified to this contract throughout this period.

2.3.2. STATEMENT ON CONTAINERS

a. The Government does not warrant that the drums or containers from areas outside the NAWSCL HWSTF are suitable for transportation in accordance with DOT regulations for removal from the pickup site (i.e. any location at the installation, but mainly the HWSTF). The Contractor will not be reimbursed separately for lab packs, salvage packaging or overpack expenses and should include these charges in their disposal pricing. Disposal CLINs for salvage containers and overpacks with inner containers greater than or equal to five (5) gallons in size shall be selected based on the inner container size.

b. When lab packing, salvage packing, or overpacking of containers is required the Contractor will use appropriate equipment to place the container into the outer container. The inner container(s) shall be kept in an upright position. Overpack and lab pack containers used for liquids will be marked with directional arrows indicating the upright position of the inner container. Additionally, the Contractor shall comply with the requirements of 49 CFR, 173.3 or 173.25 respectively.

c. The Contractor shall not remove any gas cylinder whose contents cannot be identified, or confirmed, or when no known disposal method is available. The Contractor is required to provide the HWSTF Operations Manager and COR with a written explanation for each cylinder refusal (see Attachment 8). Refused cylinders must be identified by serial number or other identifiable markings and the container identification number assigned by the NAWSCL HWSTF. These numbers/markings must be identified in the written explanation refusal.

d. Lab pack services ordered by the Government to facilitate turn-in to the DLA Disposition Services Office will be ordered under the appropriate 6320 to 6325 CLINs. Packaging containers for lab packs are included with the lab pack CLINs.

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2.3.3 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste (including solidification) on Government property is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in 22 CCR 66260.10.

b. Treatment, disposal, or release of gas (other than graded breathing air) to the atmosphere on NAWSCL premises is not permitted by this contract. The Contractor may perform gas extraction for gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

c. The Contractor shall not drain and/or flush PCB items at NAWSCL. Draining will be allowed only to prevent leaking and to meet DOT regulations.

2.3.4 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not load at any location, unless otherwise specified, nor will loading be performed on Saturdays, Sundays, Federal holidays, or any day that the installation is closed, without the approval of the HWSTF Operations Manager. Unless otherwise provided in the contract, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Contractor.

b. The Government may offer to assist with loading during ER/PER operations, or in remote areas, if the appropriate equipment is currently in use for Government operations and the offer is accepted by the Contractor (e.g., Government crane is on-site to move wreckage/debris and the Contractor needs to load cubic yard bags of soil to a transport vehicle). If both parties concur, the Government will make the initial placement of the item(s) on conveyance(s) furnished by the Contractor. The initial placement will be as determined by the Government.

2.3.5 WEIGHING OF PROPERTY

a. The Contractor shall weigh all property before removal. An authorized Government representative will witness all weighing that occurs on-site. The weight, agreed upon by both the Contractor and the Government representative at the time of removal, will be the basis for payment to the Contractor for CLINs with a pound “LB” unit of issue. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the Contractor.

1) Bulk Items.

i) Bulk items will be measured by one of the following methods. The method used will be whichever is most accurate and agreed upon by the Contractor and the Government representative:

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(A) Actual weight using Government scales;

(B) Actual weight using commercial scales; or

(C) Calculated weight. As an alternative to actual weighing, the weight of bulk shipments may be computed, provided that the specific gravity of the material is known and the volume actually picked up is determined. For example, 2,000 gallons of liquid with a specific gravity of 1.4 = calculated weight of ~23,367 pounds (e.g., 2,000 x 1.4 x 8.3453, where one gallon of water weighs 8.3453 pounds). Specific gravity will be obtained from a waste profile sheet.

ii) For either "actual weight" method, the vehicle will be weighed both before and after loading.

For bulk shipments, where Government scales are not available or operable, the use of commercial scales is authorized. The Contractor will arrange for and incur all expenses of weighing property at the nearest certified public scale.

2) Non-Bulk/Intermediate Bulk Items.

i) For non-bulk and intermediate bulk items, the Contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of five thousand (5,000) pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

ii) Prior to the use of portable scales at each pickup site, the Contractor must demonstrate reasonable weight accuracy to the Government representative. Weight accuracy will be demonstrated by annual re-certification. Only materials to be removed by the Contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight.

iii) The use of commercial scales is not authorized for non-bulk items.

b. Government scales may be used, in lieu of scales provided by the Contractor, only where they are available, operable, and authorized by the Government representative. The Contractor shall be responsible for determining the availability of Government scales. The Government makes no guarantee that where Government scales are available, they are operable. At the Government's option, the use of Government scales will be allowed at the following sites:

SITE EQUIPMENT AVAILABLE

NAWSCL Supply Compound 100,000 lb truck scale NAWSCL HWSTF 5,000 lb platform scale

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2.3.6 BULK LIQUID PUMPING

a. When bulk liquid pumping is ordered, it may be necessary for the Contractor to pump waste from tanks, transformers, sumps, drums, etc… to the transportation vehicle. The Contractor is responsible to furnish all equipment needed to complete this job, including but not limited to, collection vehicle equipped with pumps, hoses, high capacity vacuum pumps, connectors/fittings, and a metering device. Pumps and hoses shall have a capacity to safely handle the types of waste to be collected, and be able to remove all liquids and sludges from tanks, transformers, sumps, drums, etc… that can be removed without agitation or introduction of other materials. However, the Government may elect to agitate sludge, solids, and residue through the introduction of water. For payment purposes, this introduced water will be included in the weight of the waste.

b. The actual weight of the material picked up must be identified on the manifest. Bulk liquid disposal may be ordered from any location aboard NAWSCL.

2.3.7 SMALL CONTAINERS AND CONTENTS

a. There is no distinction between small containers and large containers on this contract. The Contractor shall segregate waste by non-bulk, intermediate bulk, bulk liquids, or bulk solids.

b. If the Contractor elects to package EPA/DOT compatible items in the same container (i.e., lab packs, overpacks, and wastestream containers) in order to facilitate recycling/disposal, then the Contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed on the outside of the outermost container and in association with the labels and markings required by this contract. The Contractor shall also attach a copy of this list to the manifest and provide copies to the HWSTF Operations Manager and COR.

The HWSTF Operations Manager and COR have the right to inspect these containers for compatibility, proper packaging, and weight.

2.3.8 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of pumping from an otherwise removable container into a tank truck. Containerized waste may be pumped into a tank truck (bulking) at NAWSCL.

b. Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. Wastes may be consolidated at NAWSCL.

c. Bulking and consolidation will be allowed only if the Contractor has a spill contingency plan and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise.

d. When bulking or consolidation is performed, all containers must be emptied in accordance with 22 CCR 66261.7 and delivered to the HWSTF for acceptance (see 2.1.1 a.) by completing and submitting a pick-up document (manual form NAWS 5090/1).

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2.4 POST REMOVAL

After removal from the pickup site, the Contractor shall notify and obtain the generator’s written authorization prior to making or authorizing changes, including additional transporters, to any shipping documentation (manifests, bills of lading, land disposal restriction notifications, waste profiles, etc…).

2.4.1 RETURN OF SHIPPING DOCUMENTATION

a. In addition to the Federal manifest requirements for return of signed manifests to the generator, the Contractor shall furnish a copy of each manifest, signed by the designated TSDF, to the DLA Disposition Services COR within thirty-five (35) days of pickup by the initial transporter. If the waste has not been received by the TSDF within thirty (30) days after the initial pickup date, the Contractor shall notify the HWSTF Operations Manager and the DLA Disposition Services COR of the physical location of the waste. If applicable, the Contractor shall provide the manifest with additional transporter signatures, as well.

b. If the Contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest, in accordance with 40 CFR Part 253.21(a) and 22 CCR 66263.21(a), the HWSTF Operations Manager/COR will be contacted for disposition instructions per 40 CFR Part 263.21(b) and 22 CCR 66263.21(b). If the manifest is not returned within 40 days, the Contractor shall prepare the exception report and provide to the generator for submittal to the state before 45 days expires. Failure of any part of this clause will be marked in the APLs, and appropriate action taken as determined by the contracting officer.

c. The Contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

2.4.2 DISPOSITION SERVICES REPORT REQUIREMENTS

a. DD Form 1155, ORDER FORM FOR SUPPLIES OR SERVICES:

The Contractor shall annotate this form, before or during pick up, including any applicable continuation sheets and/or pages from modifications to show only those lines being submitted for acceptance. These documents are to be submitted prior to the invoices as described in DLA Disposition Services 52.232-9R01.

b. DLA Disposition Services Form 1683, MANIFEST TRACKING LOG:

The Contractor shall prepare and maintain this log. This log is to be submitted prior to the invoices in accordance with DLA Disposition Services 52.232-9R01. Any differences between the task order, to include all line item numbers from the task order, and what was actually picked up or disposed of must be thoroughly described and documented. Use attachments to the manifest tracking log if necessary.

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c. CERTIFICATES OF RECYCLING:

The Contractor shall prepare a Certificate of Recycling for any waste that is recycled. This shall be at no additional cost to the Government. These certificates are to be submitted prior to the invoices in accordance with DLA Disposition Services 52.232-9R01. Certificates may be attached to the signed return shipping papers. Additionally, one copy of each certificate of recycling signed by a responsible facility official for property removed will be provided to the HWSTF Operations Manager and COR. Certificates of recycling will list the entire audit trail of the material being recycled. If the byproducts from any of the recycle CLINs are require to be either incinerated or land filled, a Certificate of Disposal must accompany the Certificate of Recycling.

d. MANDATORY CERTIFICATES OF DISPOSAL / DESTRUCTION (CDs)

The Contractor shall furnish mandatory Certificates of Disposal/Destruction for all polychlorinated biphenyl (PCB) waste, items requiring demilitarization, and compressed gas cylinders disposed by incineration or treatment/neutralization to prove that final disposal has been accomplished. This shall be at no additional cost to the Government. All CDs will include a 1ist of disposal methods used (e.g., T07 - Rotary Kiln Incinerator, D80 - Landfill, etc…) and a certification from an agent, official, or employee of the Qualified Facility that provided final treatment and/or disposal. CDs for PCB wastes shall be received by the Contractor within one (1) year from the date of shipment. The Contractor shall track all PCB shipments to ensure the disposal certificates are received within one (1) year and shall notify the HWSTF Operations Manager if the certificate has not been received by the three hundred and thirtieth (330th) day. CDs shall be provided no later than thirty (30) calendar days after disposal occurs. CDs must accompany the documentation as specified in DLA Disposition Services 52.232-9R01 and one copy shall be sent to the HWSTF Operations Manager.

2.4.3 NON-MANDATORY CERTIFICATES OF DISPOSAL / DESTRUCTION (CDs) –

CLIN 6503

The Contractor shall obtain and provide all necessary documentation to prove that final disposal of CLINs 90200x through 90214x has been accomplished when CLIN 6503 is ordered (one (1) each “EA” per task order line item requested). This CLIN provides the HWSTF Operations Manager with the option to request non-mandatory CDs for select wastes.

Certificates of final disposal shall be provided to the HWSTF Operations Manager and COR.

CDs require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after final disposal occurs. Waste items that require Certificates of Disposal or Destruction (mandatory) according to Federal, State, local laws and regulations (e.g., PCBs), or the terms and conditions of this contract, will be provided at no additional cost to the Government. For example, CLIN 6503 charges do not apply to 7000 series CLINs (PCBs).

(See also 2.4.2 c. and d.)

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2.5 DISPOSAL / RECYCLING

This section covers the requirements for disposal/recycling of RCRA/Non-RCRA items in general, disposal of specialized commodities such as Compressed Gas Cylinders (CGCs) and Polychlorinated Biphenyls (PCBs), and recycling of various mandatory recyclable items.

2.5.1 GOVERNMENT SELECTED DISPOSAL and FINAL TREAMENT / DISPOSAL /

RECYCLING

a. All wastes identified under CLINs 0812AA through 90214F have been declared either RCRA/State regulated hazardous wastes by the Government. Where the CLIN headings on the Bid Schedule in Section B specify a Government selected disposal technology, that technology shall be used for interim or final treatment/disposal of the waste ordered in accordance with the terms and conditions of this contract. The Government may choose to manage some or all of the wastes listed under CLINs 90204x, 90205x, 90206x, and 90207F as “Universal Waste” under the alternate set of management standards set forth in 40 CFR 273 and/or State equivalent

b. For items identified under CLINs 0812AA through 90214F that have been declared either RCRA or State regulated hazardous waste, to include a universal waste, the following does not constitute final treatment/disposal:

1) Declaring RCRA/State regulated hazardous waste as RCRA-exempt as a result of employing the management methods/practices specified in 40 CFR 266 and 279 or State equivalent; and/or

2) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 et. seq. or State equivalent. All facilities used for interim treatment, final treatment, or final disposal of items on this contract must comply with 40 CFR 261, Subparts C and D and State equivalent for each waste the facility is permitted to handle. An audit trail must be provided for all RCRA/State regulated hazardous waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. RCRA handling codes that describe methods of storage (40 CFR 264, Appendix I, Table 2, S01 through S99) do not meet the definition of final treatment nor final disposal under this contract.

c. All “Universal Waste” ordered under the terms and conditions of this contract shall be recycled.

e. If the Contractor demonstrates through certified laboratory analysis and/or other supporting documentation that a waste, identified under CLINs 0812AA through 90214F, is not a RCRA/State regulated hazardous waste, the Government may so reclassify the waste as non-hazardous. The Government will review the laboratory analysis and other supporting documentation in a reasonable time period, not to exceed seven (7) business days; however, the items in question will be treated as a hazardous waste in the interim and removal timeframes must be met.

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f. Final treatment means processing at a facility that is appropriately licensed and permitted by a local, State, and/or Federal agency to accept the waste. If long-term internment is the selected method of disposal, as a minimum, an EPA/State permitted facility with a textile liner, leachate collection system, and ground water monitoring must be used.