SP4500-16-R-0012.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000049496

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4500-16-R-0012

5. SOLICITATION NUMBER

2016 JUL 28

6. SOLICITATION ISSUE

DATE

Daniel Schuemann PWMPHW6

a. NAME

Phone: 269-961-5238

b. TELEPHONE NUMBER (No Collect calls)

2016 AUG 29

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-0012 Page 1 of 76

Notes to Offerors

1. This contract is for the removal and disposal of Aqueous Film-Forming Foam (AFFF) concentrates and rinsates located at various United States Air Force activities throughout the Continental United States (CONUS).

2. AFFF concentrates and rinsates will be thermally destroyed at a fully permitted RCRA incineration facility. Concentrates and rinsates are defined in section 1.2.8.3 of this contract. For purposes of this contract, incineration will constitute treatment and disposal.

3. Scheduling of removals will be coordinated between the Contractor and the centralized Defense Logistics Agency Disposition Services (DLADS) office located in Battle Creek, MI. Copies of shipping papers and other pertinent documents will be submitted to the DLA Representative (DLAR) located at a centralized DLADS office as prescribed in Section 1.1.2 of the contract.

4. Pricing for disposal CLINs will include the removal, transportation, treatment and disposal of wastes contained in pails, drums, and totes, and will be based upon the volumetric capacity/size of these containers.

5. The AFFF concentrates and rinsates are liquid wastes being discarded by the Government and will meet the EPA definition of a solid waste, but will not meet the definition of a RCRA hazardous waste. Generators are responsible for ensuring their containerized wastes turned in for disposal are in appropriate packaging for safe and secure transportation and storage.

6. Removal of waste containers for all sites is 90 calendar days from the date of order issuance, barring unforeseen complications regarding Contractor access to certain sites/activities. The Contractor agrees that, for those services provided on a Government installation, the services will be provided during normal hours of operations for the installation, which are available upon request from the Government.

7. 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.

8. This contract consists of one (1) 18-month Base Period. It 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 grade on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met (APL attachment).

9. The Bid Schedules and quantities have been split into 3 different regions (East, West, and Central). Pricing for each schedule will be evaluated independently, and may result in

SP4500-16-R-0012 Page 2 of 76 the award of individual schedules to different offerors or one award with three schedules to one offeror, however, no individual schedule will be awarded to more than one offeror.

10. Within 14 calendar days after Award, the Contractor shall provide DLA Disposition Services (DLADS) with a listing of all intended interim and final disposal facilities by EPA ID number (where applicable) for each Base CLIN listed in the Bid Schedule of this contract (see Facility-CLIN Assignment Sheet). The purpose for this is to allow the Government to assign in the Defense Standard System (DSS) those facilities that will or might receive waste under those CLINs ordered for treatment and disposal. If this is not done, Task Orders cannot be processed.

11. The email address for submission of offers is daniel.schuemann@dla.mil.

12. All questions regarding this solicitation must be received no later than 4:30 EST Aug 17th, 2016. Any questions submitted after this date may not be addressed.

13. 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.

14. Note: Zero ($0.00) Unit pricing will NOT be accepted.

15. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

SP4500-16-R-0012 Page 3 of 76

Table of Contents

PERFORMANCE WORK STATEMENT

1. REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 TRUCK/TRAILER SECURITY, PADLOCKS

1.1.5 HOURS OF OPERATION

1.1.6 PUBLIC AFFAIRS COORDINATION

1.1.7 RESERVED

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITIES

1.2.6 LOADING

1.2.7 WEIGHING OF CONTAINERS

1.2.7.1 TASK ORDER ADJUSTMENTS

1.2.8 DEFINITIONS, BULK & CONTAINERIZED LIQUID WASTE

1.2.8.1 BULK LIQUID WASTE

1.2.8.2 CONTAINERIZED LIQUID WASTE

1.2.8.3 AFFF CONCENTRATES, RINSATES, AND SERVICES

1.2.9 RESERVED

1.2.10 SURCHARGES FOR ADDITIONAL REMOVALS AND/OR

DELIVERIES

1.2.11 CHARGES FOR EXPEDITES

1.2.12 RESERVED

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2. TREATMENT AND DISPOSAL

2.1 RCRA/TSCA REGULATED WASTES

3. RESERVED

4. ACCEPTABLE PERFORMANCE LEVELS

5. USE OF FACILITIES AND TRANSPORTERS

5.1 QUALIFIED FACILITIES

5.2 QUALIFIED TRANSPORTERS

SP4500-16-R-0012 Page 4 of 76

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-0012 Page 5 of 76

PERFORMANCE WORK STATEMENT

a. Performance of work under this contract will be executed by the Contractor in two phases:

(1) Phase I consists of the scheduled removal of AFFF concentrate packaged primarily but not solely in the manufacturer’s original 5-gallon and 55-gallon containers, and the delivery of empty 265-gallon totes. It includes the preparation of all shipping papers by the Contractor.

(2) Phase II consists of the scheduled removal of AFFF concentrate and rinsate (defined in Section 1.2.8.3) packaged primarily but not solely in 265-gallon totes provided by the Contractor during Phase I. It includes the preparation of all shipping papers by the Contractor.

b. The Government agrees that all items placed on a Task Order (TO) under this contract will conform to the corresponding waste profiles, be distinctly labeled, and be packaged in containers that sufficiently contain the waste for transportation and storage. Labeling and packaging will be compliant with all local, state, and/or federal regulations that may apply.

c. The Contractor agrees to provide all services necessary for the safe transportation, treatment and disposal of the items listed in the Bid Schedule in accordance with all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and compilation and submission of all documentation required by this contract.

Every item ordered for destruction and disposal is being discarded by the Government and will require destruction and disposal as identified in the ordered Contract Line Item Number (CLIN) description. Under no circumstances will any items be sold or used for personal or commercial uses.

d. The 6-character disposal CLIN consists of two parts: The “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description according to the waste profile for a particular wastestream. The “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment.

(1) Example #1: Base CLIN “NR93” represents Non-RCRA, AFFF Concentrate, and the CLIN Suffix “C1” designates the unit of measure as a 5-Gallon Container. Accordingly, one (1) 5-gallon pail of this waste would be represented by ordering one (1) EA (each) of CLIN NR93C1, regardless of the actual volume contained in the pail.

(2) Example #2: Base CLIN “NR94” represents Non-RCRA, AFFF Rinsate, and the CLIN Suffix “B5” designates the bulk unit of measure as Gallon (GL). Accordingly, one (1) 265-gallon tote of this waste would be ordered as 265 GL of CLIN NR94B5, regardless of the actual volume contained in the tote.

e. If the Contractor asserts that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide to the DLAR documentation which supports the assertion through laboratory analysis, TSDF fingerprinting results, photographic and/or other supporting documentation. After such documentation is provided to the DLAR, the

SP4500-16-R-0012 Page 6 of 76

Government will review the documents within 14 calendar days and may reassign the CLIN as appropriate. The waste in question shall not be treated or disposed of until the Government has provided a final determination to the Contractor.

1. REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases:

Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their 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 the waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical compatibility, general first aid procedures, and spills. Material Handling equipment and Personal Protective Equipment (PPE) shall be provided by the Contractor, unless otherwise stated, and must be appropriate to ensure safe handling of the waste. While operating on a Department of Defense (DOD) facility, the Contractor may be required to use forklifts. Contractor-operated forklifts must meet specifications listed in the applicable permit. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

The Contractor is allowed to perform a pre-removal inspection of all containers no more than 21 calendar days prior to the day of the off-site shipment. Any discrepancies associated with the marking, and/or labeling of containers, shall be reported to the DLAR for resolution if unable to resolve locally with the Generator Representative (GenR) or Contracting Officer Representative (COR). If the Contractor asserts that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation which supports the assertion in the form of photographs, laboratory analysis, and/or TSDF fingerprinting results as appropriate. After such documentation is provided to the Government, the Government will review the supporting document(s) within 10 calendar days and may reassign another CLIN if appropriate. The waste in question shall not be processed until the Government has made a final determination. Some AF activities may require a joint pre-removal inspection with the Contractor and COR.

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 any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract. A copy of all forms and relevant documentation, including correspondence shall be provided to the DLAR.

b. The Contractor may be required to attend special training, instructions, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, and/or forklift training.

SP4500-16-R-0012 Page 7 of 76

c. The Contractor and any Subcontractor(s) shall use only the facilities and transporters currently (at the time) listed in the DLA Disposition Services Qualified Facilities List (QFL) and Qualified Transporters List (QTL), see Section 5.

e. The Contractor will not ship waste outside of the United States for treatment or disposal.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping papers including Non-Hazardous Manifests and Bills of Lading (BOL). Prior to removal from a site identified as a pickup location in this contract, completed copies of all manifests shall be furnished to the DLAR coordinating the waste removal. If sent as hardcopies, documents shall be sent to DLA Disposition Services, HDI Federal Center, 74 Washington Ave N, Battle Creek, MI 49037-3092, Attn: J331-AFFF. If sent as electronic copies, documents shall be emailed to AFFF.DLAR@dla.mil or Faxed to AFFF DLAR at (269) 961-7736. All documentation shall be clearly marked with the name and address of the Generator activity and the contract and TO numbers. 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.

b. The Contractor shall provide the DLAR with a copy of the manifest(s) for review at least five (5) business days prior to removal.

1.1.3 NOTIFICATIONS

a. The Contractor shall notify the DLAR at least five (5) business days before performing site visits or pickups at each turn-in location, along with the name of the driver, Commercial Driver License (CDL) number and expiration date. The Contractor shall do this via scheduling spreadsheets or a shared database that is accessible to DLADS personnel, the latter of which is preferred. Alternatively, the Contractor may provide a list of multiple potential drivers with the same information identified above, PLUS the State(s) in which each driver will be picking up the waste. The drivers shall be listed in alphabetical order by last name under each State.

(1) If a driver, other than the one specified for a specific pickup location, or, one whose name does not appear on the list of multiple potential drivers should arrive for pickup, the COR will notify the Contractor or DLAR to verify the personnel change with the Contractor before the pickup commences. This may affect the Contractor’s Acceptable Performance Level (APL) and will require a written notice via fax or email from the Contractor. (See Section 4.0)

b. At all Military Installations, the Contractor and/or Subcontractors will require facility access credentials, and may be required to be escorted to and from the place of work. This requirement is both for safety and physical security purposes. It is the Contractor’s responsibility to obtain these credentials before performing the services at no additional cost to the Government.

1.1.4 TRUCK/TRAILER SECURITY, PADLOCKS

SP4500-16-R-0012 Page 8 of 76

a. All Contractor trucks and trailers that are capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government halting the pickup. All trailers and tankers capable of being padlocked must also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the truck or trailer.

b. The COR or other GenR has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections 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.

c. Some military installations do not allow trucks/trailers to enter the facility if they are carrying hazardous or non-hazardous cargo generated by other Generators. This is largely due to the fact that security is unable to adequately inspect waste containers for incendiaries or contraband. Many installations will allow, with proper paperwork, trucks/trailers to enter the facility carrying cargo that was generated only by other DOD Generators. It is the Contractor’s responsibility to know and comply with installation policy prior to arrival. The DLAR may be able to assist the Contractor with obtaining this information.

d. Only transporters appearing on the DLADS Qualified Transporters List (QTL) may be utilized in the performance of this contract. The QTL may be found at:

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.as px.

1.1.5 HOURS OF OPERATION

The Contractor agrees that services will be completed during normal hours of operations at each installation. The normal hours of operations for the various installations on this contract will be available upon request from the DLAR.

1.1.6 PUBLIC AFFAIRS COORDINATION

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

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

1.1.7 RESERVED - (FOR NAVY & MARINE CORPS INSTALLATIONS ONLY)

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

a. DLADS implemented the EMS in accordance with ISO 14001:2004(E), DOD, and DLA requirements at all DLADS 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 DLADS EMS is designed to ensure that all personnel, including Contractor personnel, whose work activities can cause real or potential

SP4500-16-R-0012 Page 9 of 76 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 DLADS Mission. The DLADS EMS program is explained in DLADS Manual 6050.02, Environmental Management System. An electronic version of the manual will be provided by DLADS to the Contractor upon request.

b. Site supplements to the DLADS 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 DLADS tenant facility and the DOD/DLA host facility EMS program. Copies of site supplements can be obtained from the DLAR upon request.

c. Contractors and their personnel are required to be aware that each DLADS facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation.

Each DLADS facility maintains EMS awareness posters that identify the DLADS EMR and Host facility EMR for specific guidance concerning an individual facilities' EMS program.

d. The DLADS EMR maintains a list of sites that have a site EMS. Contractors may request a copy of the list from the DLAR.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for cleanup and proper disposal of any and all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no cost to the Government.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the CO immediately upon discovery. The Contractor shall adhere to all Host or Installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the CO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of material spilled (including identity, quantity, manifest number, etc.).

(2) Whether quantity spilled is EPA/state reportable, and if so, whether it was reported.

(3) Exact time and location of spill, including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications Contractor has with anyone other than the COR or

CO.

SP4500-16-R-0012 Page 10 of 76

(6) Description of clean-up procedures employed or to be employed at the site including the disposal location of spill residue.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to the current EPA Hazardous Waste Compatibility Chart, and kept physically separate from any containers not associated with this contract until the initial TSDF is reached. The items must be so marked, that they are readily linked to this contract throughout this period.

1.2.3 STATEMENT ON CONTAINERS

The Generator is responsible for ensuring their containers are in appropriate packaging for safe and secure transportation and storage. The Contractor is responsible for all repackaging costs associated with special container acceptance criteria at the TSDF.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

The Government shall not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government-owned loading equipment (Section 1.2.6), and Government-owned scales (Section 1.2.7).

1.2.5 TREATMENT OF WASTE ON GOVERNMENT FACILITIES

a. Treatment of waste (including solidification) on Government facilities is not permitted.

Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR 260.10 and/or the facility Permit.

1.2.6 LOADING

a. The Contractor is responsible for loading, including furnishing all personnel and equipment necessary for loading. The Government will not load at any location on any day in which the facility is closed unless otherwise advised by the Government. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the Government. Unless otherwise advised, 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.

1.2.7 WEIGHING OF CONTAINERS

Prior to the award of this contract, the Contractor will be notified if exemptions will exist for the weighing of full AFFF concentrate containers, other than totes. For example, the weights of a full 5-gallon or 55-gallon container containing AFFF concentrate may be pre-determined by the Government, in which case the Contractor may not be required to physically weigh these items, but will use the pre-determined weights on the appropriate shipping papers. Should these exemptions be approved by the Government, a letter will be issued to the Contractor indicating the pre-determined weights that can be used by the drivers. In all cases, the Contractor reserves the right to weigh all containers.

SP4500-16-R-0012 Page 11 of 76

In all cases, all totes and rinsate containers, and all partially full concentrate containers will be weighed.

When applicable, for purposes of accurate shipping documentation and Government recordkeeping, unless otherwise authorized by the GenR, Government scales will be used when available and operable. Each local GenR has the option to allow the Contractor to utilize the Contractor’s portable scale. All scales used for purposes of this contract shall be calibrated IAW applicable standards. The Government and the Contractor shall ensure that Government scales are operable and accurate through certification or demonstration.

1.2.7.1 TASK ORDER ADJUSMENTS

a. Prior to the award of this contract, the Contractor will be notified whether the entire mission project will be completed under a single Task Order (TO) or a reduced number of TOs in order to simplify the execution of this contract, versus utilizing a separate TO for each individual pickup locale.

b. If and when applicable, all local TO weights are estimated amounts. The Contractor can expect that the TO weights will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. Therefore, the Government has the unilateral right to increase the TO weight in those instances where the Government has underestimated the weight that is being removed so the Contractor can continue performance.

The Government has the unilateral right to decrease the TO weight in those instances where the Government has overestimated the weight that is being removed.

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK LIQUID WASTE

a. For purposes of this contract, liquid wastes that are removed in totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are considered bulk liquid waste. Bulk waste does not refer to wastes contained in drums or pails. Since totes can vary in size, the Government will order quantities to be removed in gallons (GL) based on the manufacturer’s designated volumetric capacity (size) of the tote, but not on the actual volume of waste contained in the tote. For example, a 265-gallon tote containing only 200 gallons of waste will require that the Government order 265 GL of CLIN NR93B5 or CLIN NR94B5, whichever CLIN is applicable for that tote. Two such totes of that same size and CLIN would require that the Government order 530 GL of CLIN NR93B5 or CLIN NR94B5. Multiple totes of the same CLIN but different sizes can be ordered and manifested on the same line. For example, one (1) 265-gallon tote plus one (1) 220-gallon totes of the same CLIN would require that the Government order 485 GL of CLIN NR93B5 or CLIN NR94B5, whichever CLIN is applicable to those totes. Actual gross weights of all totes will be used for Government recordkeeping and when “Pounds” is used for shipping purposes.

b. Totes that are provided by the Contractor will have a designated volumetric capacity of 265 gallons. However, Generators may opt to utilize Government-owned totes of other sizes.

SP4500-16-R-0012 Page 12 of 76

c. Bulk liquid wastes that have become frozen due to ambient freezing temperatures, but would otherwise be of liquid state at 72°F (22°C) will still meet the definition of liquid waste for purposes of this contract.

1.2.8.2 CONTAINERIZED LIQUID WASTE

a. For purposes of this contract, liquid wastes that are removed in drums, 5-gallon pails or “cans” are considered containerized liquid waste.

b. Containers shall be counted, weighed (when applicable), and documented against the TO by the Contractor prior to removal. All containerized CLINs are priced by the container size (CLIN Suffixes C1 through C5). The container weights must still be documented for other purposes such as manifesting and Government recordkeeping. The Contractor shall make available portable scales, which may be mounted to the truck or trailer, for weighing of items, and must first demonstrate reasonable weight accuracy to the GenR. Weights will include the weight of the containers.

c. Drums larger than 55 gallons (e.g., 95-gal) are to be used only for overpacking smaller drums when the smaller drum(s) are leaking or have the potential to leak. Generators shall be required to pay the Contractor based on the size of the overpack drum and not on the size of the inner, overpacked drum(s).

d. Containerized liquid wastes that have become frozen due to ambient freezing temperatures, but would otherwise be of liquid state at 72°F (22°C) will still meet the definition of liquid waste for purposes of this contract.

1.2.8.3 AFFF CONCENTRATES, RINSATES, AND SERVICES

a. For purposes of this contract, the terms “concentrate” and “concentrates” refer to unused liquid AFFF product, and is ordered under Base CLIN NR93. Concentrates are typically technical grade product as sold by the manufacturer.

b. The terms “rinsate” and “rinsates” refer to highly water-diluted liquid AFFF product which has been generated as a result of a rinse out process of various tanks and firefighting equipment.

Rinsates are ordered under Base CLIN NR94 and typically contain <1% technical grade product as sold by the manufacturer.

c. The terms “Service” or “Services” refer to the delivery of empty, plastic 265-gallon totes as ordered under service CLIN 6314TP. These terms may also be used more broadly in this contract to include the removal, transportation, treatment, and disposal of Government wastes.

1.2.9 RESERVED

1.2.10 SURHARGES FOR ADDITIONAL REMOVALS AND/OR DELIVERIES – CLIN

6318AC

a. In the event that a Generator failed during Phase I to turn in one or more waste containers or failed to order a sufficient quantity of empty totes during a previously scheduled and performed removal or delivery, and requires an additional removal and/or delivery, CLIN

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6318AF will also be ordered on the TO. This charge is applied to any number of containers being removed and/or totes being delivered during a single service call.

b. The Generator will not be surcharged and CLIN 6318AF will NOT be ordered if such additional containers are removed during a regularly scheduled pick-up ordered under Phase II of this contract – but only when prior to pick-up, the Generator has staged the additional containers at the same site as the Phase II removal. In this case, normal CLIN pricing will apply according to the Bid Schedule in this contract.

1.2.11 CHARGES FOR EXPEDITES – CLINs 6333AF and 6343AF

a. In the unlikely event that a Generator order an Expedited Removal (CLIN 6333AF) or Expedited Service (CLIN 6343AF), the DLAR will notify the Contractor immediately, and the Contractor will perform the removal and/or service within five (5) full business days. The day of notification shall constitute “Day Zero”. The first business day after the notification will constitute “Day 1”.

b. In the highly unlikely event that a Generator require both an Expedited Removal and an Expedited Service (i.e., tote delivery), both CLINs 6333AF and 6343AF will be ordered.

1.2.12 RESERVED

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. The Contractor shall furnish a copy of each manifest, signed by the designated Treatment, Storage and Disposal Facility (TSDF), to the DLAR within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDF within 30 days after the initial pickup date, the Contractor shall notify the DLAR. If applicable, the Contractor shall also provide the manifest with additional transporter signatures. Return Generator copies of shipping documents shall be sent to DLA Disposition Services, HDI Federal Center, 74 Washington Ave N, Battle Creek, MI 49037-3092, Attn: J331-AFFF.

b. If the Contractor is unable to deliver the waste to the designated or alternate facility identified on the shipping papers, the DLAR will be contacted for disposition instructions. The Contractor shall make every effort to deliver the waste to an alternate qualified and approved facility, rather than returning the waste to the Generator. In case of rejected shipments, or where the shipment can’t be delivered, the Contractor shall provide the DLAR with a written narrative of the incident. The narrative shall include explicit details of all efforts implemented for disposal of the waste. Failure of any part of this section will be documented in the Acceptable Performance Levels (APLs) and appropriate action taken as determined by the CO.

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

2. TREATMENT AND DISPOSAL

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This section covers requirements for the treatment and disposal of Non-RCRA AFFF-related wastes at a fully permitted RCRA TSDF.

a. For purposes of this contract, AFFF concentrates ordered under Base CLIN NR93 and all AFFF rinsates ordered under Base CLIN NR94 must be incinerated at a fully permitted RCRA incineration facility which appears on the DLADS QFL. Upon completion of the incineration treatment process, this will constitute final disposal. The current QFL can be viewed at:

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.as px.

b. Regardless of the ordered Treatment/Disposal CLIN and its associated description, the Contractor shall comply with all State and Federal regulations that may apply. Base CLIN category “NR” (as in NR93 and NR94) may include State-Regulated waste. It is the responsibility of the Contractor to notify the DLAR if an ordered CLIN prescribes a treatment or disposal technology which is in conflict with such regulations.

2.1 RCRA/TSCA REGULATED WASTES

a. The Generator is not authorized to turn-in and the Contractor is not authorized to remove RCRA or TSCA regulated wastes under this contract. Generators must utilize their respective Hazardous Waste Disposal contracts for removal of these wastes.

3. RESERVED

4. ACCEPTABLE PERFORMANCE LEVELS

a. Acceptable Performance Level is the minimum performance of each requirement before the Government considers performance unsatisfactory. Specification of an acceptable performance level does not allow the contractor to knowingly provide defective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. As long as the performance percentage does not fall below the specified acceptable performance level, the Government will not deduct for poor performance. However, the contractor shall be required to re-perform or correct the defective service or product at no additional cost to the Government.

b. The surveillance method shall be from Collection Summary Report(s) (CSR) furnished by the COR, customer feedback, and tracking of final disposal/recycling submittals. All negative and positive actions/performance shall be the basis for monetary deductions and/or past performance annotations.

c. Performance incentives for the contractor shall include, but are not necessarily limited to, favorable impact on option exercise decisions, future awards of the same requirement, and future awards of similar requirements by DLA Disposition Services as well as other Government and non-Government entities that may review performance of this contract.

SP4500-16-R-0012 Page 15 of 76

DELIVERABLE PHASE STANDARD TIME FRAME PWS Para-graph

ACCEPTABLE

PERFORMANCE

LEVEL (APL)

REDUCTION

FOR FAILED

APL

METHOD OF

SURVEILLANCE

Compliant Removal

Pre- Removal

Submittal of Shipping Documents

1-5days, depending on removal time

1.1.2 95% timely, 95 % accurate

A disincentive fee of 10-60% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

Collection Summary Reports (CSRS), Customer and COR input

Pre- Removal

Notifications Same as above 1.1.3 95% timely A disincentive fee of 10-50% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

Collection Summary Reports (CSRS), Customer and COR input

Removal Safe, Compliant Transportation

1-30 days as required per task order

1.2 100% timely and 100% compliant

A disincentive fee of 10-100% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

Collection Summary Reports (CSRS), Customer and COR input

SP4500-16-R-0012 Page 16 of 76

Post- Removal

Compliant transportation, interim storage and shipments to initial qualified

TSDF

Return of manifest or applicable shipping paper within 40 CFR 262.42,or state equivalent and copy to DRMO within contract timeframe

1.3.1 100% timely and no more than 2 exception reports required per generator in a 12 month period

A disincentive fee of 10-100% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

Collection Summary Reports (CSRS), Customer and COR input

Post- Removal

Timely delivery to final qualified

TSDF

Return manifest timely to eliminate potential exception report

1.3.1 100% timely and no more than 2 exception reports required per generator in a 12 month period

A disincentive fee of 10-100% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

Collection Summary Reports (CSRS), Customer and COR input

Compliant Disposal / Recycling

Disposal / Recycling

Timely & proper disposal / recycling as per waste regulatory / contract requirements

225 days for all items not requiring destructive incineration, 315 days for items requiring destructive incineration.

270 days for Phase II documentation for all items not requiring destructive incineration, 360 days for items requiring destructive incineration

Instructions to Contractors- “Period of Performance” and “Docu- Mentation Requirements DLA Dispos-sition Services Acceptance, Invoicing and Tracking.”

100% timely and accurate for Haz Waste, PCB, CGCs and Demil required waste, 95% accuracy for nonRCRA, nonregulated waste

A disincentive fee of 10-100% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

CO, Tracking, DSS

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Compliant Special Services

As specified on TO

Timely and compliant management services

1-30 days as required by the

TO

3.0 – 3.1-3.7 95% timely, 95% accurate

A disincentive fee of 10-100% shall be applied to each line item not completed timely or accurately after the contractor exceeds the criteria stated in column F until such a time as performance again does not exceed the criteria in Column F.

CSRs, Customer and COR input

Compliant Special Services

Delivery of expedited removal or performance service

Timely, compliance, accurate service(s)

As stated in contract for service specified

3.0&1.2.1 No more than 5 late performances during a 12 month period of time

A disincentive fee of 10% shall be applied to each line item not picked up in a timely manner after the contractor exceeds the criteria stated in Column F until such time as performance again does not exceed the criteria in Column F.

Customer, COR and CO review and input

Waste analysis (6400 Series

CLINS)

Accurate and timely provision

As stated in contract for service specified

3.3 No more than 5 late

or inaccurate analysis during a 12 month period of time

A disincentive fee of 5% shall be applied to each late line item for analysis being performed on after the contractor exceeds the criteria stated in Column F until such time as performance again does not exceed the criteria in Column F.

Customer, COR and CO input

Delivery of certificates of disposal and/or recycling.

Timely provision

As stated in contract for service specified

2.1.2 2.1.4 2.2 2.4.1 2.4.2

No more than 5 late certificates during a 12 month period of time

A disincentive fee of 10% shall be applied to each line item with a late certificate after the contractor exceeds the criteria stated in Column F until such time as performance again does not exceed the criteria in Column F.

Customer, COR and CO review and input

SP4500-16-R-0012 Page 18 of 76

Compressed Gas Cylinder Related Special Services

Timely reporting

As stated in contract for service specified

2.3 No more than 5

untimely reports during a 12 month period

A disincentive fee of 5% shall be applied on all line items related to the reporting requirement after the contractor exceeds the criteria stated in Column F until such time as performance again does not exceed the criteria in Column F.

Customer, COR and CO review and input

* The Government reserves the right to also conduct additional surveillance/review of final tracking information and/or delay all payments until after final tracking information is received if warranted by performance problems in this area.

5.0 USE OF FACILITIES AND TRANSPORTERS

a. The contractor shall use only the transporters and facilities from the Qualified Facilities

List and Qualified Transporters List. The QFL may be found on the DLA Disposition Services Website at http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx.

Contractors who do not have access to the World Wide Web may request a copy of the above lists from the contracting officer.

b. DLA Disposition Services has reviewed these Facilities and Transporters in the past and has no reason to believe that they do not meet the standards included herein. Inclusion of facilities and transporter on the Qualified List does not constitute a determination of the acceptability of these facilities and Transporters for the requirements of this solicitation and any resultant contract or relieve the contractor of any responsibility for performing the contract resulting from this solicitation. It is the offeror's responsibility to ensure that it can perform all work required by this RFP with the firms listed on the World Wide Web, and to propose additions firms to perform the work required if the firms on the qualified lists cannot meet the requirements. It does not imply consent by the Government to any subcontracts let by the contractor in performance of the contract resulting from this solicitation.

5.1 QUALIFIED FACILITIES

a. At any time during the period of this contract, the Government may remove a facility from the Qualified Facilities List located on the World Wide Web if any of the following apply:

The facility is currently closed.

The facility is identified as a significant noncomplier (exhibiting RCRA Class 1 violations for groundwater monitoring, closure, post-closure, or financial responsibility), and has not entered into a compliance schedule of similar action.

The facility has been cited via an administrative order or judicial action, and the facility has not entered into a compliance schedule or similar action within 180 days from the time order or judicial action was issued.

The facility has exhibited a history of noncompliance (including, but not limited to RCRA class I and II violations, OSHA violations, state and local violations, and DOT

SP4500-16-R-0012 Page 19 of 76 violations) or exhibited a lack of "good faith" in correcting violations. A "good faith" effort would be exhibited through promptly signing a consent agreement with the regulatory authorities, and performing in compliance with the agreement for at least six months. Repeated violations may be considered as a lack of "good faith".

The facility has been identified as having groundwater contamination or is not acceptable under the state's groundwater anti-degradation policy.

The facility is not permitted to and/or is not capable of handling the property proposed.

The facility received a negative recommendation as a result of a DLA Disposition

Services inspection visit without substantive evidence of corrected deficiencies.

The facility stores/treats the waste, then ships out the regulated DLA Disposition Services hazardous waste to a facility excluded under the requirements of this paragraph (c).

The facility's financial assurance is not sufficient to protect the Government's long term interests.

Facilities that are unable to track property from entry to exit.

The facility manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42, or a state equivalent.

The facility has not received any DLA Disposition Services wastes for a period of twelve consecutive months.

The facility operates in a manner that is not in accordance with DLA Disposition Services contract section C.

The facility does not have/does not enforce 24 hour security measures.

5.2 QUALIFIED TRANSPORTERS

a. At any time during the period of this contract, the Government may remove a transporter from the Qualified Transporter List if any of the following apply:

The transporter does not have the appropriate Federal/state/local permits to transport property under this contract (hazardous or non-hazardous).

Transporter has not provided documentation of at least a "satisfactory" rating from DOT Office of Motor Carriers (OMC). Should conflicting ratings be assigned, the most recent inspection will take precedence. Transporters used outside the 50 contiguous states are not required to provide an OMC satisfactory rating. All other requirements cited are applicable.

The transporter has exhibited a history of noncompliance (including RCRA, DOT, OSHA and state and local regulations governing hazardous material hauling and motor cannier/marine safety).

The transporter has been cited via an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time the order or judicial action was issued.

The transporter does not have/does not enforce 24-hour security measures.

The transporter manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42, or a state equivalent.

The transporter received a negative recommendation as a result of a DLA DISPOSITION

SERVICES inspection visit without substantive evidence of corrected deficiencies.

Transporter transfer locations are unable to track property from entry to exit.

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The transporter has not shipped any DLA Disposition Services wastes for a period of twelve consecutive months.

The transporter co-mingles DOD and non-DOD waste prior to receipt at the manifested facility.

The transporter operates in a manner that is not in accordance with DLA Disposition Services contract Performance Work Statement.

b. Transporters or facilities may be deleted at any time…