FINAL_PWS_SP453017R000X_20170623_PBR.docx

0.0 PERFORMANCE WORK STATEMENT (PWS)

1.1.8 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

1.1.9 - STATE REGULATORY REQUIREMENTS (RESERVED)

1.3 POST REMOVAL

1.3.1 - RETURN OF SHIPPING DOCUMENTATION

2.2 DISPOSAL OF POLYCHLORINATED BIPHENYLS (PCB), PCB CONTAMINATED AND NON-PCB MATERIAL

2.5.5 UNIFORMS REQUIRING MANDATORY INCINERATION – HIN 9904BX

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.1.1 ACCEPTENCE AND INVOICING

8.2 POST-PAYMENT TRACKING

8.3 REMEDIES FOR NON-COMPLIANCE

0.0 PERFORMANCE WORK STATEMENT

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 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 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 a U.S. Environmental Protection Agency (EPA) or Guam Environmental Protection Agency (GEPA) 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.

1.1 PRE-REMOVAL

1.1.1 PERMIT / SPECIAL REQUIREMENTS

1.1.2 SHIPPING DOCUMENTATION

1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein the contractor shall notify the COR for each site visit(s) or pickup(s) at least five (5) business days prior.

b. 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 fails to meet the above applicable notification requirements and/or a driver other than the one previously identified under the notification requirement or whose name does not appear on the list of approved, multiple drivers, arrive at the pickup location(s).

c. For TOs containing Services or Performance HINs the contractor shall notify the COR or other Government representative for each location before attempting site visits, analysis, or pickups. In addition, the contractor is still required to provide the information identified in paragraph (1) above at least 24-hours prior to removal. All other terms and conditions stated elsewhere within this clause apply to any of the aforementioned Services or Performance HINs.

1.1.4 TRAILER SECURITY, PADLOCKS

1.1.5 HOURS OF OPERATION

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 operation for the installation or as posted by the installation. These hours are subject to change. Additional requirements are:

The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (KO). 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 - RAPID GATE SECURITY

All Navy and Marine Corps installations require Navy Commercial Access Control System (NCAC) badges to gain access. Rapid Gate requires a security background check for Contractors and Contractor employees and once approved, the individual has access to that installation for the length of the contract. Contractors and Contractor personnel must be enrolled in NCAC in order to access installations. There is a “per person/per location” fee. It takes approximately one month for initial company background investigations to be completed and enrollments to be processed. Any Rapid Gate Security fees shall be included in the pricing for this contract. Additional information can be found at: http://www.rapidgate.com/index.php.

NOTE: Prices may be subject to change.

1.1.8 - ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

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.

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.

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.

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 KO.

1.1.9 - STATE REGULATORY REQUIREMENTS (RESERVED)

Within the first 90 days of award, the Contractor shall provide one initial training to the CORs and Generators that cover State/Territorial Regulatory requirements for HW shipped to the CONUS State of Entry (SOE) and any special requirements for transitory states/territories to the initial TSDF. The Contractor shall educate attendees on the following topics: Any specific requirements for packaging, marking, labeling, manifesting, HW regulatory limits that are more stringent than Federal RCRA/DOT standards and any other topics applicable to the management/transportation of HW which are unique to the SOE and transitory states/territories to the initial TSDF. Additionally, anytime there are changes or updates to State/ Territorial requirements, notification of changes shall be given to the CORs and Generators within 30 days of the effective date of change. Training shall be held at DLA Disposition Services, Guam, Bldg. 631 or other agreed upon location.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

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 associated with this contract throughout the contract period. In addition, the contractor must ensure that there is a clear audit trail for all items from removal until final treatment/disposal is accomplished.

c. If any overpacking, labeling, or grouping of containers is performed by the Contractor, the Contractor must document the outside container(s) with the Turn-In document number and any applicable generator container identification numbers.

The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The contractor understands than 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 (paragraph 1.2.6), and Government owned scales (paragraph 1.2.7).

1.2.6 LOADING

1.2.7 WEIGHING OF PROPERTY

1.2.8 SMALL CONTAINERS AND CONTENTS

1.2.9 BULK AND NON-BULK ITEMS

a. Bulk Items

b. Non-bulk Items

NAVFACMAR BLDG 1790

Naval Facilities Engineering Command, Marianas 1790 Connellee Lane, Santa Rita, GU 96915

c. 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 only at the locations listed herein:

SITE/BLDG

Not Permitted at any locations

1.3 POST REMOVAL

1.3.1 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 TSRDF, to the DLA Disposition Services Office, Guam coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSRDF within 30 days after the initial pickup date, the contractor shall notify the Office 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 items to the designated or alternate facility on the shipping papers IAW 40 CFR Part 263.21(a), the COR and Generator will be contacted for disposition instructions per 40 CFR Part 263.21(b). If the manifest is not returned within 40 days, the Contractor shall prepare information necessary for the Exception Report (to be filed by the Generator) and provide a copy to the COR and Generator within 45 days after pickup. The Contractor shall continue to track all wastes until delivery and provide daily status updates to the COR and Generator for all wastes not delivered 45 days after pickup. Failure of any part of this section will be documented in the Acceptable Performance Levels (APLs) (Attachment 16) and appropriate action taken as determined by the KO.

c. The contractor shall ensure there is a clear audit trail for all items until final treatment/disposal/ recycling is accomplished or until Process Authorization Plan is implemented, per Section 2.1.4.

The following does not constitute final treatment or disposal:

(1) Declaring hazardous wastes as RCRA-exempt as a result of management practices specified in 40 CFR 266 and 279.

(2) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261. 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, for each waste the facility is permitted to handle. An audit trail must be provided for all waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. Management method codes and/or waste handling codes referencing only storage or transfer do not meet the definition of final treatment or disposal under this contract.

NOTE: The EPA anticipates launching the E-Manifest system by June 2018. Having an electronic manifest tracking system in real time is recommended. Either a manual tracking system or electronic manifest tracking system is required. At a minimum, the tracking system shall include all information included in Attachment 6. If an electronic manifest tracking system is available, access shall be given to the CORs and Generators. If a manual tracking system is established, the contractor shall update their form and submit to the CORs.

2.0. DISPOSAL / RECYCLING

This subsection covers 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 recyclable items.

2.1 RCRA/NON-RCRA ITEMS

2.1.1 DEFINITION OF RCRA vs. NON-RCRA and FINAL TREATMENT / DISPOSAL / RECYCLING

(ii) 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. 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, 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. Waste handling codes that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract.

NOTE: Laboratories performing testing related to this contract shall use the current EPA SW-846 protocol whenever applicable. Only when EPA protocol is not available may other analytical methodologies be employed.

NOTE: Unless prohibited by State/Territorial regulations, fuels blending does meet the recycling/recovery requirements for certain wastes, including solvents, paints, and used oil.

(3) The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

2.1.2 CERTIFICATES OF DISPOSAL / DESTRUCTION (CDs) AND RECYCLING The contractor shall obtain and provide necessary documentation to prove that final disposal of HINs 9100 – 9899 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the manifest or shipping paper with a copy to the 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 disposal occurs. Samples of acceptable certificates can be found in Attachments 7 and 8.

2.1.3 DETAILED ANALYSIS

If the Contractor must perform laboratory analysis for waste characterization/profiling or disposal, copies of the laboratory report shall be provided to the COR. The Contractor shall be responsible for the proper disposal of all samples. Laboratory reports shall include a summary of the laboratory results, a QA/QC summary, and a completed Chain of Custody Form. Laboratories performing testing related to this contract shall use the current EPA protocol SW-846 whenever applicable.

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

Note: Firms that receive residual components that are not RCRA hazardous are not required to be listed on the QFL.

Note: Firms that receive residual components that are not RCRA hazardous are not required to be listed on the QFL.

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

NOTE: No pouring to consolidate wastes will be allowed on pier side removals or at DLA Disposition Services Office, Guam.

2.1.7 TRANSPORTATION SURCHARGE FOR INCOMPATIBLE WASTES – CLINs 6610HD, 6610HF, 6610HG and 6610HH A surcharge for incompatible waste will be ordered based on hazard class in conjunction with a disposal CLIN when waste is deemed incompatible with other wastes in the same shipping container.