Alaska PWS 9Jan20_dmc.docx

Notes to Offerors Standard PWS v.04, 09 March 2018

1. “Offerors are invited and highly encouraged to conduct a scheduled site visit(s) prior to proposal submission, to discuss and/or see first-hand the scope of work associated with this Contract.

2. This request for proposal (RFP) consists of two each (30) month price schedules, Attachment 1.

A. Offerors must furnish prices for the entire price schedule including the base and option period.

B. An omission of any line item pricing may result in the offer being considered non-responsive and will not be considered for award.

C. In the event of a discrepancy in the calculation of the extended amount, the Government will multiply the Offeror’s unit price shown by the estimated quantity to ascertain the extended amount proposed.

D. Zero ($0.00) unit pricing will be considered non-conforming and will not be considered for award.

3. Please note the change made to the payment process on DEMIL and PCB items (PWS 2.3 and 2.7).

4. Email address for submission of offers is:

Denna.Crandall@dla.mil

HazardousContractsWest@dla.mil

0.0 PERFORMANCE WORK STATEMENT (PWS)

1.0 REMOVAL PHASES

1.1.4 NOTIFICATIONS

1.1.5 TRAILER SECURITY

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

1.2.10.1 AFFF CONCENTRATES, RINSATES, AND SOLIDS

2.0 DISPOSAL/RECYCLING

2.3 DISPOSAL OF PCB-RELATED WASTE

2.4 RESERVED

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANNISTERS

2.5.1 EVALUATION/IDENTIFICATION OF

CYLINDERS/VESSELS/CANISTERS

2.7 DEMILITARIZATION

3.0 MANAGEMENT SERVICES

RENTAL FEES

3.6.1 DAILY RENTAL FEE FOR A 20-, 30-, and 40-YD3 LINED ROLLOFF

BOX (ROB)

3.6.2 MONTHLY RENTAL FEE FOR A 20-, 30-, and 40-YD3 LINED

ROLLOFF BOX (ROB)

3.6.3 ANNUAL RENTAL FEE FOR A 20-, 30-, and 40-YD3 LINED ROLLOFF

BOX (ROB)

3.6.4 DAILY RENTAL FEE FOR A 20- or 25-YD3 VACUUM BOX

3.6.5 MONTHLY RENTAL FEE FOR A 20- or 25-YD3 VACUUM BOX

3.6.6 MONTHLY RENTAL FEE FOR A FRAC TANK WITH SECONDARY

CONTAINMENT

3.6.7 ANNUAL RENTAL FEE FOR A FRAC TANK WITH SECONDARY

CONTAINMENT

3.6.8 MOVE EMPTY ROLLOFF BOX (ROB), VACUUM BOX, OR FRAC

TANK WITHIN INSTALLATION

3.11 REMOTE SITE ACCESS FEE

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES LIST AND QUALIFIED TRANSPORTERS LISTS

5.1 FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PACKING, MARKING AND LABELING

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

6.6 RESERVED

7.0 PERIOD OF PERFORMANCE INCLUDING DISPOSAL AND REMOVAL

7.1 EXPEDITED REMOVAL/PERFORMANCE

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVEICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTENCE AND INVOICING

8.3 CONTRACT MINIMUM/MAXIMUM

8.4 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

8.5 PERIOD OF PERFORMANCE

9.0 CONTRACT MINIMUM/MAXIMUM

10. CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

11. PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the “Alaska 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 Gases, and Polychlorinated Biphenyls (PCBs) located on or around military installations or within a 50 mile radius of any pick up point listed on this contract in the state of Alaska. The Contractor is cautioned that some requirements for information are required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8 and 3.7.

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 Section 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 provisions for necessary personnel, Material Handling Equipment (MHE), Personal Protective Equipment (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.

l. Minimum TO charges under this contract will be $1,000.00, except where exceptions are otherwise specified in the contract, including but not limited to, some management services and all expedited removals and performance.

1.0 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 are 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 MHE and PPE, unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. 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 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the Government, and are designed around EPA RCRA regulations, treatment, and technology standards. Department of Transportation (DOT) regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, and EPA Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN suffix.

A Base CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence:

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 a 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 (MOD) 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 Treatment, Storage and Disposal Facility (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

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

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) EPA 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

See Section 1.2.11 for additional information on expedite services CLINs.

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 or performance CLINs.

NOTE: Defense Biometric Identification System (DBIDS) may be mandatory for access to some DOD facilities. See Section 1.1.8 for further information. Where DBIDS is utilized, the 24-hour advance notification is not required. At some military installations, the Contractor and/or Subcontractors may be required to be escorted to and from the place of work. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, and/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

a. HW and DEMIL shipments are not required to be locked or sealed in most situations. In some cases an applicable Department of Transportation (DOT) security plan or State Law may require locking the load. It is the Contractors responsibility to identify these situations and provide locks or seals for this purpose if required.

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.

1.1.6 HOURS OF OPERATION

*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 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.

1.1.8 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

b. Navy and Marine Corps installations now require that all Contractors and their representatives be credentialed via enrollment in the 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. The Contractor will plan accordingly.

c. 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 appropriate 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 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 appropriate DLADS tenant facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each appropriate 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 Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Contractors may request current copies of EMS information identified in this Section 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 29 CFR-OSHA, 40 CFR-EPA, 49 CFR-DOT, EM 385 standards, and updates thereto. The Contractor shall be responsible for all initial and refresher training required of Contractor 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

1.2.2 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 TOs 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

With few exceptions, the Government shall not furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of Government-owned loading equipment (Section 1.2.6) and Government-owned scales (Section 1.2.7), and where applicable, management services. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

1.2.6 LOADING

a. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered Material Handling Equipment (i.e., forklift or equivalent) to load individual containers or pallets into cargo trucks. The Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

b. The Government may accept a request for assistance by the Contractor/Subcontractor with loading during normal hours of operation if the appropriate GOV personnel and/or equipment are available for use and the assistance is otherwise appropriate. An offer of assistance, if accepted by the USG, will be limited to initial placement or “tailgate” of the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the Government, after consultation with the Contractor, if necessary. Only USG employees and other authorized USG equipment operators shall operate equipment used pursuant to this paragraph. By requesting loading assistance of conveyance furnished by the Contractor, the Contractor agrees to indemnify and hold harmless the USG for any damage, incidental or otherwise, to the conveyance by the USG.

c. It is the Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO in order to gain access to the waste that is scheduled for removal.

d. The Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level.

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.

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

c. Before bulk 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 conveyance. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor will reweigh the conveyance 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 as stated above and shall be the basis for payment to the Contractor.

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

All TO weights and/or volumes are estimated. The Contractor can expect that the TO weights and/or volumes will require adjustment upward or downward as removals take place and the actual weights/volumes being removed are determined. Therefore, the Government has the unilateral right to increase or decrease the TO weight/volume in those cases where the Government has underestimated or overestimated the weight/volume ordered for removal, allowing the Contractor to complete the performance. In cases of adjustments resulting in a decreased weight/volume, 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 modifications unilaterally for quantity changes, noun description changes, CLIN changes, adding/deleting 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 Government’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued TOs, and no changes will be made to the terms and conditions of the contract.

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE