SP450018R0001_Attachment_10_PWS_&_Addendums.pdf

Notes to Offerors Standard PWS v.26, 26Jan17

1. This contract is referred to as the “Anniston Heavy Solids HW Disposal Contract.” Work will consist of the removal and disposal of government generated hazardous and non-hazardous wastes located on Anniston Army Depot.

2. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

The intended Period of Performance for this contract is as follows:

a. Base Period: 14 March 2018 – 13 September 2020

b. Option Period: 14 September 2020 – 13 March 2023

3. This contract is for various military and Government activities, which may encompass multiple states. Standard removal timeframe is 21 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 normal hours of operations for the installation, which are available upon request from the COR.

4. 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, and/or deletions to those listed.

5. Within 14 calendar days after award, the Contractor shall provide DLA Disposition Services with a list referencing all intended interim and final disposal/recycle facilities by EPA ID number (where applicable) for every 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 DSS those facilities that will or might receive those CLINs for treatment, storage, and disposal. If this is not done, Task Orders (TO) cannot be processed in

DSS.

6. 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.

7. The following clauses and provisions shall not apply to this solicitation. Due to constraints of the contract writing system utilized to develop this document the clauses and provisions listed below could not be deleted:

a. L01 Electronic Award Transmission (SEP 2016)

b. L02 Electronic Order Transmission (SEP 2016)

8. The email address for submission of offers is roger.lonoza@dla.mil. For further information, contact Roger Lonoza at: 269-961-5111. All questions regarding this solicitation must be received no later than 1200 EST November 17, 2017. Questions mailto:roger.lonoza@dla.mil received will be answered via an amendment to the solicitation. Any questions submitted after this date may not be addressed at the Government’s discretion.

Table of Contents

0. PERFORMANCE WORK STATEMENT

1. REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 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

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 RESERVED

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER ADJUSTMENTS

1.2.8 DEFINITIONS

1.2.9 RESERVED

1.2.10 RESERVED

1.2.11 CHARGES FOR EXPEDITES

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2. DISPOSAL/RECYCLING

2.1 RCRA/NON-RCRA ITEMS

2.1.1 TSCA/RCRA/NON-RCRA/STATE/NON-STATE REGULATED ITEMS

2.1.2 RESERVED

2.1.3 DETAILED ANALYSIS

3. SPECIAL SERVICES

3.1 RESERVED

3.2 RESERVED

3.3 RESERVED

3.4 RESERVED

3.5 RESERVED

3.6 PROVIDE ROLLOFF STORAGE CONTAINERS & RENTAL CHARGES

4. ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL TABLE

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 CONTAINERS

6.7 INCIDENTAL FEES

6.8 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

9. MANPOWER REPORTING REQUIREMENTS

10. CONTRACT MINIMUM/MAXIMUM

11. CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

12. CONTRACT PERIOD OF PERFORMANCE

13. POINTS OF CONTACT/FACILITY INFORMATION

0. PERFORMANCE WORK STATEMENT

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

b. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) 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 the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line Item Number

(CLIN).

c. The six-character disposal CLIN consists of two parts. The term “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 term “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. Example: Base CLIN “CS01” represents Corrosive Acids, Inorganic other than HF and HNO3, <50% in Water, and the CLIN Suffix “C4” designates the unit of issue as a 55-Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) Each of CLIN CS01C4. See Profile-Based CLIN Guidelines and Master CLIN Schedule at:

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

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 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. 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 hazardous 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

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

The Contractor is encouraged to perform a pre-removal inspection of all containers at least ten 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 COR for resolution. (See 2.1.1.b)

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, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by Treatment, Storage, and Disposal Facilities (TSDF). All Contractor-signed waste profile sheets shall be written for the actual wastestream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to any federal or state agency.

A copy of all forms and relevant documentation, including correspondence, shall be provided to the COR.

b. The Contractor may be required to attend special training, seminars, instructions, classes, 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.

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.

d. Any import or export shipment outside the United States must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the DOD activity, the Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the Contracting Officer Representative (COR) with the shipping documentation IAW Section 1.1.2.

e. The Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR) unless domestic treatment capability does not exist or domestic facilities are unable to meet EPA LDR requirements within the United States (e.g., Lithium batteries). High level mercury (>260 mg/kg) will not be exported outside the United States.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision refers to the appropriate shipping papers.

Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests 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) for review by the appropriate Government official at least five (5) business days prior to removal. Notifications for expedited orders shall be performed IAW timeframes as listed in Section 1.2.11.

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 2505, 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.

1.1.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR for each location, at least five (5) business days BEFORE attempting site visits, analyses, or pickups.

(1) In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number and its expiration date, to the COR or other Government representative at least 24 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24 hours in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

b. For Task Orders (TO) containing Expedited Removals, Services, or Performance CLINs, the Contractor shall notify the COR or other Government representative for each location in the following timeframes BEFORE attempting site visits, analyses, or pickups: 5 day expedites – at least 2 calendar days; and 4 days or less expedites – at least 1 calendar day. In addition, the Contractor is still required to provide the information identified in subparagraph (1) above at least 24 hours prior to removal. If applicable, any removals ordered under a 24-hour or one business day expedited CLIN requires the Contractor to provide the information identified in subparagraph (1) above at least 4 hours prior to pickups if the Contractor elects to provide the identity of the driver for each specific TO. If the Contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated in the Contract Instructions and Information section of this contract and within this section apply to any of the aforementioned Expedited Removals, Services, or Performance CLINs.

1.1.4 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 of the pickup location(s). The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative.

b. The COR or other Government representative 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.

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 normal hours of operations for the installation.

The normal hours of operations for installations on this contract are available upon request from the COR.

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

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM

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 agency Environmental Management System (EMS) Core Instruction.

Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures 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. 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 Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local Contracting Officer's Representative (COR).

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

CO.

(6) Description of clean-up procedures employed or to be employed at the site including 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 RESERVED

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), and where applicable, management services.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

a. Treatment of hazardous 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.

b. The Contractor shall not drain and/or flush PCB items at Government facilities.

Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a 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.

1.2.6 LOADING

The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not load at any location on any day in which the facility is closed unless otherwise specified. 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 provided in this 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.

1.2.7 WEIGHING OF ITEMS

Government scales will be used when available, operable, and authorized by the Government.

The Contractor shall be responsible for determining the availability of Government scales. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Government shall ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration.

At the Government's option, the use of Government scales will be allowed at the following sites:

SITE EQUIPMENT AVAILABLE

Anniston Army Depot Truck Scales

Before loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the rolloff box, dump truck, tanker truck, etc. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the loaded (gross) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. The actual (net) weight of the waste shall then be calculated by subtracting the tare weight from the gross weight. When onsite Government scales are available, weights must be agreed upon by both the Contractor and the Government before removal. When offsite commercial scales must be used, a certified weight ticket will be provided to the COR and shall be the basis for payment to the Contractor.

1.2.7.1 TASK ORDER ADJUSTMENTS

All task order weights are estimated amounts. The Contractor can expect that the task order 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 task order weight in those instances where the Government has underestimated the amount of weight that is required to be removed so the Contractor can continue performance.

The Government has the unilateral right to decrease the task order weight in those instances where the Government has overestimated the amount of weight that is required to be removed.

In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the Government to issue task order modification (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

1.2.8 DEFINITIONS

1.2.8.1 BULK WASTE

a. The term bulk waste refers to waste that is typically removed via rolloff boxes, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Bulk waste does not refer to containerized wastes including waste contained in drums, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste.

b. The terms solid and solids used in this document and the Bid Schedule refers to solid material which is largely free of free liquids, e.g., soil, silt, sand, gravel, filtercake, powder, granules, crystals, fines, and artifacts that do not meet the definition of debris as defined in 40 CFR 268.2(g).

c. The term Heavy Solids used in this document and the Bid Schedule refers to bulk waste solids, sludges, and heavy debris (as defined in 40 CFR 268.2(g)), with a density greater than 600 Lbs/yd3 shall be ordered using the bulk CLIN Suffix (B1, B2, B3, or B4). The CLIN Suffix is assigned based on the net weight of each heavy solids bulk load. If a bulk load with a net weight of less than 10,000 Lbs is ordered, the bulk CLIN Suffix “B1” will be used. Loads weighing 10,000 to 20,000 Lbs will be assigned the bulk CLIN Suffix “B2.” Loads weighing 20,000 to 30,000 Lbs will be assigned the bulk CLIN Suffix “B3.” Loads weighing more than 30,000 Lbs will be assigned the bulk CLIN Suffix “B4.” Weights shall be determined using certified Government scales when available, or certified commercial scales when Government scales are not available. Prior to removal, and when possible, the net weight of the waste shall be determined and agreed upon by both the Government representative and the Contractor.

Prior to removal, the volume shall be determined and agreed upon by both the Government representative and the Contractor.

1.2.9 RESERVED

1.2.10 RESERVED

1.2.11 CHARGES FOR EXPEDITES - CLINs 6335, 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. 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, CLIN 6335 will be ordered based on the amount of waste to be removed. For bulk removals, one (1) each of CLIN 6335 is limited to one (1) TO line not to exceed 40,000 pounds for solids.

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. all pick up sites on an installation).

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

CLINs Description Paperwork Submission

6335, 6345 1-Day Expedite Before Performance

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 TSDF, to the Disposition Services Field Activity coordinating the waste disposal 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 Disposition Services Field Activity of the physical location of the waste. If applicable, the Contractor shall also provide the manifest with additional transporter signatures.

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). The Contractor shall make reasonable attempts to deliver the HW to an alternate qualified and approved facility instead of returning the HW to the Generator. In case of rejected shipments, or where the shipment can’t be delivered, the Contractor shall provide the Generator with a written narrative of the incident. The narrative shall include explicit details of all efforts implemented for disposal of the HW. The Generator can use this information when preparing the exception report or other documentation to substantiate the returned or undeliverable waste report. If the manifest is not returned within 40 days, the Contractor shall prepare the Exception Report and provide a copy to the COR and Generator within 45 days after pickup. 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/recycling is accomplished or until Process Authorization Plan is implemented, per Section 2.1.4.

d. 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.

2. DISPOSAL/RECYCLING

This section covers requirements for disposal of RCRA/Non-RCRA items.

Regardless of the ordered disposal CLIN and its associated description, the Contractor shall comply with all State and Federal regulations. All Base CLIN categories may include State- Regulated waste where applicable. It is the responsibility of the Contractor to notify the Government if an ordered CLIN prescribes a disposal or recycling technology which is in conflict with such regulations.

2.1 RCRA/NON-RCRA ITEMS

2.1.1 TSCA/RCRA/NON-RCRA/STATE/NON-STATE REGULATED ITEMS

a. The Category and Base CLIN selection for each wastestream is determined by applying the following CLIN Selection Criteria:

(1) PCB-Related, Containing or Contaminated by a Source >50 ppm

(2) Reactive (D003)

(3) Ignitable/Oxidizer (D001) – Including flammable/combustible waste, Subpart CC waste, but not chromic acid carrying a D001 (Oxidizer), in which a corrosive CLIN is applied.

(4) Corrosive (D002)

(5) Toxic (D004-D043)

(6) Acutely Hazardous (P-Listed)

(7) Leachate (F039)

(8) Electroplating-Related (F006-F012, F019)

(9) Spent Solvent (F001-F005)

(10) Other F-Listed

(11) U-Listed

(12) K-Listed

(13) State-Regulated Waste, Non-RCRA

(14) Non-RCRA, Non-State Regulated Waste

b. 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 through independently acquired laboratory analysis at the Contractor’s expense; TSDF fingerprinting results, and/or other supporting documentation. After such documentation is provided to the Government, the Government will review the documents within 14 calendar days and may reassign the appropriate CLIN. The waste in question shall not be treated or disposed of until the Government has made a final determination.

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.

3. SPECIAL SERVICES

This section covers requirements for various special services related to managing the disposal/recycling of RCRA/Non-RCRA items and other related services. The services in this subsection do not normally include actual disposal of wastes, which will be ordered under the appropriate disposal CLIN(s).

Special Services CLINs (6300 – 6699) are exempt from meeting the TO minimum per the Contract Terms and Conditions section of this contract. Special Services CLIN(s) are not to be ordered in conjunction with a waste disposal CLIN(s) for the sole purpose of meeting the task order minimum.

3.1 RESERVED

3.2 RESERVED

3.3 RESERVED

3.4 RESERVED

3.5 RESERVED

3.6 PROVIDE ROLLOFF STORAGE CONTAINERS & RENTAL CHARGES - CLINs

6372 & 6372AR

a. The Contractor will provide a plastic lined rolloff container for each rolloff CLIN ordered. The rolloffs will have watertight covers that are generally free of rips and tears. The liners will be of sufficient size and thickness to adequately contain the waste for which it is intended. The rolloffs will be of acceptable appearance and integrity to the Government, with minimal evidence of corrosion and be visibly void of waste residue upon delivery. The rolloffs shall not display any legible or offensive graffiti. All boxes must be level all the way around and may not have a raised hinge on the door end of the box. The sides must be fairly straight to allow for a seal. Rolloffs may be ordered for any location in or around the pickup points identified in the contract. All initial placements of rolloffs are required within five (5) calendar days after issuance of a written TO citing any of the above listed CLINs. The first full business day in which the Government has access to the rolloff box constitutes “Day 1” when counting days corresponding to these CLINs. The rolloffs may be either 20 cubic-yard or 22.5 cubic-yard, but must have the following dimensions and characteristics:

-20 cubic yard boxes must be 22.5’ long by 7’11” wide by 4’2” tall.

-All boxes must be level all the way around and may not have a raised hinge on the door end of the box.

b. CLIN 6372 – One (1) Each equals the 30-day rental of a single 20-cubic yard rolloff box, and includes the initial placement, 30 calendar days of continuous accessibility to and final removal of the container. Continuous accessibility, for purposes of this contract, shall mean that when the rolloff container is removed for disposal, an empty replacement container shall be simultaneously placed at the same proximal location as the initial placement. Removal of waste in the rolloff container will be ordered using the appropriate disposal CLIN. Such removal and simultaneous replacement with an empty lined container does not affect the start or termination date of the 30-days of continuous accessibility ordered under the CLIN. For convenience of the

Government and back-to-back months of continuous accessibility at a single location, these CLINs may be ordered for multiple months for a single location on a single turn-in document.

However, the Government shall not be reimbursed for any unused portion of the single- or multi-month TO line item. The Government will indicate on the turn-in document the rolloff placement location and shall not order placement at a location that is different from the original location for which the CLIN was ordered.

c. CLIN 6372AR– One (1) Each equals the annual rental of a single 20-cubic yard rolloff box, and includes the initial placement, 365 calendar days of continuous accessibility to and final removal of the container. Continuous accessibility, for purposes of this contract, shall mean that when the rolloff container is removed for disposal, an empty replacement container shall be simultaneously placed at the same proximal location as the initial placement. Removal of waste in the rolloff container will be ordered using the appropriate disposal CLIN. Such removal and simultaneous replacement with an empty lined container, does not affect the start or termination date of the 365-days of continuous accessibility. These CLINs may be ordered consecutively in any quantity for back-to-back years of continuous accessibility. Should the Government not require or utilize the full 1-year duration as prescribed by these CLINs, a CLIN modification will not be issued in order to prorate the cost to the Government.

d. The Contractor is required to weigh the empty rolloff prior to use by the Government, and provide the COR a copy of the certified weight ticket showing the empty (tare) weight of each rolloff at the time of placement. The Contractor is required to weigh the rolloff upon pickup and provide the COR a copy of the certified weight ticket showing the loaded (gross) weight of each rolloff.

4.0 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.

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

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 “Documentation Requirements DLA Disposition Services Acceptance, Invoicing and Tracking.”

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

RCRA,

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

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

* 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 THE QUALIFIED FACILITIES AND TRANSPORTERS LISTS

a. The Contractor will use only the facilities and transporters from the Qualified Facilities List (QFL) and Qualified Transporters List (QTL). The QFL and QTL is located on the DLA Disposition Services Website at:

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

b. Facilities and transporters on the QFL and QTL do not constitute a determination that the facilities and transporters meet the requirements of this contract. The Contractor is responsible to ensure all work is performed IAW the contract. If firms listed on the QFL or QTL do not meet these contract requirements, the Contractor will propose additional firms to perform the work.

c. The facilities and transporters listed on the QFL and QTL are only listed for use and are subject to the Contractor ensuring their services and sub-contracted services are being performed IAW all federal, state and local laws and regulations.

d. Contractors will review the QFL and QTL prior to any removals to ensure the facility or transporter is on the QFL and QTL.

e. The Contractor will not transport any waste or subsequent treatment or recycling residual waste to any facility that is not on the QFL.

f. The Contractor will allow access for DLA Disposition Services Employees and/or representatives to perform site visits at any facility the Contractor has requested to be on the

QFL.

5.1 USE OF FACILITIES AND TRANSPORTERS

a. During the solicitation process or life of the contract, the Contractor can request to add facilities or transporters to the QFL or QTL. Facilities or transporters submitted prior to solicitation closing will be reviewed and the offeror will be informed if the firm is: Acceptable, Unacceptable, or Acceptable with additional information. If the facility or transporter is Acceptable with additional information, the offeror will be given an opportunity to submit the additional information regarding the firm prior to the request for Final Proposal Revision.

Offerors will be informed the reason why a firm is considered unacceptable. Offerors are cautioned that DLA Disposition Services will require sufficient time to adequately review submittals prior to closing date.

b. The proposed facilities or transporters will not be added to the QFL or QTL if any of the reasons in section 5.2 through 5.3 apply. The request by the Contractor to have a facility or transporter added to the QFL or QTL after contract award does not relieve the Contractor of their obligation to perform IAW the contract and existing CLIN prices.

c. Pre-award facility or transporter additions will not be added to the QFL or QTL until the request is accepted and the contract is awarded. The awarded prime-contractor will be the only firm to request additions to the QFL or QTL for the services in this contract.

d. Within 14 calendar days after award, the Contractor will email the Facility-CLIN Assignment Sheet referencing all intended interim and final facilities by EPA ID number for every Base CLIN listed in the Bid Schedule of this contract. Task Orders (TOs) are unable to be issued unless the Government has completed these Decision Support System (DSS) entries for those facilities that will or might receive the identified CLINs.

1. For CONUS, the Contractor will email the completed Facility-CLIN Assignment Sheet to TSDFandTransporterInquiries@dla.mil and CC their Contracting Officer.

2. For OCONUS, the Contractor will email the completed Facility-CLIN Assignment Sheet to the Contracting Officer.

e. The Contractor will complete DLA Form 2507-1, QFL Application, for new QFL applicants.

f. The Contractor will complete DLA Form 2507-2, Qualified Facility List Update, when requested to perform a 12 month (CONUS only) or 18 month (OCONUS only) update on a Facility.

g. The Contractor will complete the Transporter Qualification Form for new QTL applicants and for requested 12 month (CONUS only) or 18 month (OCONUS only) updates.

h. If the Contractor requests or updates a facility or transporter where application required documents are not in English, the Contractor will provide certified English translated documents at no additional cost to the Government.

i. For CONUS, inquiries and applications for new or 12 month updates will be sent to the following email address with a copy to your Contracting Officer and COR:

TSDFandTransporterInquiries@dla.mil

j. For OCONUS, inquiries and applications for new or 18 month updates will be sent to the Contracting Officer and COR.

5.2 FACILITY REMOVAL

At any time during the period of this contract, the Government will remove a facility from the QFL if any of the following apply:

• The facility is currently closed.

• The facility is a significant non-complier exhibiting RCRA Class 1 violations and has not entered into a compliance schedule of similar action.

mailto:TSDFandTransporterInquiries@dla.mil mailto:TSDFandTransporterInquiries@dla.mil

• The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time order or issued judicial action.

• The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, RCRA class I and II violations, OSHA violations, state and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations is a lack of "good faith".

• The facility has groundwater contamination or does not meet…