18R0007-Attachment1PWS-21Sept2018.docx

SP4500-18-R-0007 Attachment 1 Table of Contents

0. PERFORMANCE WORK STATEMENT

1. REMOVAL

1.1.4 NOTIFICATIONS

1.1.5 TRAILER SECURITY, PADLOCKS

1.1.6 HOURS OF OPERATION

1.1.7 PUBLIC AFFAIRS COORDINATION

1.1.8 DBIDS INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.10 CONTRACTOR PERSONNEL

2. DISPOSAL/RECYCLING

2.1 RCRA/NON-RCRA ITEMS

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

2.1.2 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

2.1.3 DETAILED ANALYSIS

2.1.4 PROCESS AUTHORIZATION PLAN FOR ALTERNATE

DOCUMENTATION OPTION FOR FUELS BLENDING & RECYCLING OF ANTIFREEZE, USED OIL, BATTERIES, & LAMPS

2.1.5 RESERVED

2.1.6 EMPTY CONTAINERS

2.1.7 RESERVED

2.4.1 RECYCLE/RECOVERY/RE-USE/RECLAIM

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

3. SPECIAL SERVICES

3.12 PROVIDE SERVICE TO INFLATE FUEL BAG

3.13 BULK REFRIGERANT GASES FOR REMOVAL FROM DOD OZONE

DEPLETING SUBSTANCES (ODS) RESERVE PROGRAM\

3.14 DISPOSAL OF SOIL LOCATED ON DEFENSE SUPPLY CENTER,

RICHMOND

4. ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL TABLE

5. THE QUALIFIED FACILITIES AND TRANSPORTERS LISTS

5.1 USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6. ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 REPORTING REQUIREMENTS

6.2.1 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES (DLADS) DISTRIBUTION STANDARD SYSTEM/ULTIMATE DISPOSAL (DSS/UD), PHASE II ONLY

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, DLADS 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

8.4 CONTRACT MINIMUM/MAXIMUM

8.5 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

8.6 PERIOD OF PERFORMANCE

0. PERFORMANCE WORK STATEMENT

a. This contract is referred to as the “Richmond HW Disposal Contract”. Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on military installations in the states of Virginia and West Virginia. The Contractor is cautioned that some requirements for information and plans are required before start of work on this contract, i.e., Sections 1.1.1, 2.1.4, and 3.9.

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

c. Pricing for containerized waste will largely be based upon container sizes and the assigned disposal profile, rather than pricing on a per pound basis. The exception is bulk wastes as defined in paragraph 1.2.8.1 and containerized waste with the suffix C7.

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

e. 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.

i. 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.

j. The Contractor is specifically cautioned that all tank cleaning CLIN quoted prices will include provision for necessary personnel, MHE, PPE, confined space entry if applicable, and all equipment used to perform these services. The Contractor should bid accordingly.

k. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract are in Department of Transportation (DOT) shippable packaging.

1. REMOVAL PHASES

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. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE), unless otherwise stated. The MHE and PPE must be appropriate to safely handle 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

1.1.1 BASE CLIN CATEGORIES

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

(2) 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.

1.1.1.1 CLIN DISPUTES

a. CLIN discrepancies noted on a TO during a pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and the Generator. If the COR and the Generator concur with the CLIN change request, a TO Modification will be issued.

b. The Government may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 days from the TSDF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

d. If the Contractor asserts that an inappropriate CLIN has been assigned, that no existing contract CLIN is appropriate, and a new CLIN needs to be added to the contract, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 days from the TSDF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

e. The Contractor must ensure that the waste in question is not treated or disposed of until the Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the Government’s final determination, the Contractor will be deemed to have waived its objection to the CLIN assignment.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

the Generator to file the reports within the time frames allotted by each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the Generator through the COR (see paragraph 1.1.2.).

c. The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision refer 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 DLADS Field Activity coordinating the waste disposal. All documentation shall be clearly marked with the name of the servicing DLADS 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.

b. Electronic Manifest System (e-Manifest system): Generators may continue to use paper manifests during their transition to fully electronic manifests in the e-Manifest system and the phase out of paper manifests. If presented with a paper manifest, the Contractor will provide the Generator a paper copy signed by the initial transporter. The Contractor shall provide the COR and the Generator 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 3.5.

NOTE: While Generators have the option to manage some waste streams as UW, Generators under this contract may be required to order disposal/recycling CLINs that allow the waste to be properly managed based on the waste characteristics if it were otherwise managed as a HW. Example: Universal waste aerosol cans that would otherwise carry corrosive (D002) or reactive (D003) waste codes, will be ordered under CLINs CS15C7 and RX01C7, respectively, and NOT CLIN FL01C7, even if managed and turned in as UW under state and/or federal regulations. This is because corrosive and reactive wastes cannot typically be processed using fuels blending technologies for energy recovery as hazardous waste derived fuels. Other scenarios may apply.

1.1.4 NOTIFICATIONS

NOTE: 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 will apply to any of the aforementioned Expedited Removals, Services, or Performance CLINs.

NOTE: Rapid Gate and/or DBIDS may be mandatory for access to some DOD facilities. See 1.1.8 for further information. Where DBIDS is deployed, the 24-hour advance notification in Paragraph 1.1.4 is not required. At some Military Installations the Contractor and/or Subcontractors may be required to be escorted to and from the place of duty. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, or any Subcontractors are required to remain at the designated work area until released or escorted by the COR or other Government representative.

1.1.5 TRAILER SECURITY, PADLOCKS

1.1.5 RESERVED

1.1.6 HOURS OF OPERATION

Presidents Day - 3rd Monday in February

*The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government activities of which may have different work schedules. Excluding weekends and observed Federal holidays, the Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during the normal hours of operations for the installation.

1.1.7 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the KO. Under no circumstances shall any statement be released to the news media directly by the Contractor or any agents of the Contractor.

1.1.8 DBIDS INSTALLATION ACCESS

a. Navy and Marine Corps installations now require that all Contractors and their representatives be enrolled in the Defense Biometric Identification System (DBIDS) to gain access to these installations. DBIDS replaces the former Rapid Gate access system and also requires a security background check for all Contractors and their representatives.

b. For DBIDS enrollment information, go to: https://www.cnic.navy.mil/om/dbids.html.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

DLADS implemented an Environmental Management System (EMS) in accordance with ISO 14001:2004(E), DOD and DLA requirements at all DLADS 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 DLADS 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 DLADS mission. The DLADS EMS program is explained in the agency 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 DLADS tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLADS appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLADS appropriate facility maintains EMS awareness posters that identify the DLADS 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 COR.

1.1.10 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, to the minimum requirements under relevant 29CFR-OSHA, 40CFR-EPA, 49CFR-DOT, EM 385 standards, and updates thereto. The Contractor shall be responsible for all initial and refresher training required by contract personnel and it shall be completed in the appropriate timeframes. Upon request by the Government, the Contractor shall provide proof that these trainings were completed.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

(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.

(5) Summary of any communications Contractor has with anyone other than the KO.

(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. The Contractor may bring other waste onsite while conducting Milk Runs, or picking up waste at multiple locations, as long as the waste is listed on the current DO being picked up.

1.2.3 STATEMENT ON CONTAINERS

The Generator is responsible for ensuring their containers are DOT shippable, i.e., IAW current DOT regulations and standard TSDF acceptance. 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), and where applicable, management services.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

1.2.6 LOADING

The Government may tailgate loads at the following locations:

1.2.7 WEIGHING OF ITEMS

a. 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:

NSWC Dahlgren 17320 Dahlgren Road, Bldg. 1425 Dahlgren, VA Table Scale (200 lb. capacity)

NSWC Dahlgren 17320 Dahlgren Road, Bldg. 1425 Dahlgren, VA Floor Scale (1000 lb. capacity)

Marine Corps Base Bldg. 27401 Quantico, VA Platform Scale (2,000 lb. capacity)

Directorate of Logistics 5775 General Washington Dr.

Alexandria, VA Platform Scale (5,000 lb. capacity)

Defense Depot Richmond Virginia (DDRV) 8000 Jefferson Davis Highway, Bldg. 40 Richmond, VA Pallet Scale

Maneuver Training Center – Fort Pickett Kemper Ave.

VAFP-EE Bldg. T-2361 Blackstone, VA PA Scale 6600 (5,000 lb. capacity)

US Army, Fort Belvoir Bldg. 1495 Fort Belvoir, VA Pallet Scale (5,000 lb. capacity)

US Army, Fort Belvoir Bldg. 1495 Fort Belvoir, VA Building 1490 (2,500 lb. capacity)

US Army, Fort Belvoir Bldg. 1089 Fort Belvoir, VA Truck Scale (55,000 lb. capacity)

Pentagon Receiving Area 100 Washington Blvd.

Washington, DC Platform Scale (4,000 lb. capacity)

Pentagon Receiving Area, Bay 5 100 Washington Blvd.

Washington, DC Platform Scale (10,000 lb. capacity)

Pentagon Hazmat Storage Area, Bay 5 Washington, DC Platform Scale (5,000 lb. capacity)

Defense Supply Center Richmond

(DSCR-SD)

8000 Jefferson Davis Highway Richmond, VA Truck Scale

US Army Garrison & Fort Lee Bldg. 7123 Fort Lee, VA Pallet Scale (5,000 lb. capacity)

b. 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 (TO) ADJUSTMENTS

All TO weights are estimated amounts. The Contractor can expect that the quantities will be required to be adjusted upward or downward as removals take place. Therefore, the Government has the unilateral right to increase the TO 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 TO 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 TO modification (i.e. quantity changes, noun descriptions, CLIN/HIN changes, adding/deleting lines, extending TO 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 TO modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE