Amendment 2_PWS_2232024.pdf

0.0 PERFORMANCE WORK STATEMENT (PWS)

0.1 PERFORMANCE REQUIREMENTS

0.2 ENVIRONMENTAL PROTECTION

0.3 CONTRACTOR EQUIPMENT AND PERSONNEL

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 CONVEYANCE VEHICLE

1.1.5 HOURS OF OPERATION

1.1.6 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.7 DBIDS INSTALLATION ACCESS

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.9 CONTRACTOR PERSONNEL

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.3 DISRUPTION OF WORK (DEMURRAGE)

1.2.4 WEIGHING OF ITEMS

1.2.4.1 TASK ORDER (TO) ADJUSTMENTS

1.2.5 BULK LIQUID PUMPING

1.2.6 EXPEDITED SERVICES

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL

2.1 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

2.2 AFFF AND OTHER PFAS-RELATED WASTES

2.3 DISPOSAL OF BILGE WASTE ON INSTALLATION

3.0 MANAGEMENT SERVICES

3.1 RENTAL EQUIPMENT SUMMARY – FRAC TANK

3.2 WEEKLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT

3.3 MONTHLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT

3.4 PROVIDE ADDITIONAL BULK STORAGE CONTAINERS

3.4.1 PROVIDE POLYURETHANE CONTAINMENT TANK

3.5 MOVE EMPTY FRAC TANK WITHIN INSTALLATION

3.6 CALL ORDER/BULK PUMPING NOTICE (BPN)

3.7 MARINE VESSEL BILGE PUMPING

3.8 PROVIDE ADDITIONAL EQUIPMENT OR SUPPORT

3.8.1 PROVIDE ADDITIONAL SUPPORT

3.8.2 PROVIDE ADDITIONALVACUUM OR PUMP

3.8.3 PROVIDE ADDITIONAL AIR HOSES

3.8.4 PROVIDE ADDITIONAL PUMP

3.9 BULK PUMPING

3.9.1 BULK LIQUID PUMPING ON/OFF SITE

3.10 BULK NON-RCRA WASTEWATER MANAGEMENT

3.11 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2

3.12 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3

3.13 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 2

3.14 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 3

3.15 ADDITIONAL CHARGE FOR HYDRO/WATER BLASTING WORK, DAILY,

CREW OF 3

3.16 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE

WORK, DAILY, CREW OF 3

3.17 ADDITIONAL CHARGE FOR SUPER VACUUM TRUCK WORK, DAILY,

CREW OF 3

3.18 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW

OF 2-3

3.19 PROVIDE VAPOR/GAS FREE CERTIFICATION

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF GOVERNMENT INSPECTION

6.3 CONTRACTOR REPRESENTATIVE

6.4 INCIDENTAL FEES

6.5 REPORTING REQUIREMENTS

7.0 STANDARD TIMES FOR REMOVALS AND PERFORMANCE OF SERVICES

7.1 EXPEDITED REMOVALS AND PERFORMANCE OF SERVICES

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

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the San Diego Bilge HW Disposal Contract. Work will consist of pumping, containerization, transportation, and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, and Per- and Polyfluoroalkyl Substances (PFAS) form various Naval Activities in the San Diego, California area. The Contractor will be required to dispose of bulk liquids on-site or transport to and dispose of bulk liquids at other local Navy facility’s or at a facility permitted to manage the bulk liquids per this PWS. The Contractor is advised that some requirements for information are required before start of work on this contract, i.e., Sections 0.3, 1.1.1, 1.1.2, 1.1.9.

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

c. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract and allows the 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.

d. 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 as required.

f. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the price 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).

g. 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 waste stream. 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. General information of Profile Based CLINs may be found at:

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

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

h. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., specific Demilitarization-required items, AFFF, PFAS, and PCB-related wastes. The Contractor is cautioned to closely read all CLIN descriptions where such requirements are indicated. Unless explicitly written elsewhere in this PWS, the Contractor must only provide a CD when so reflected in the Price Schedule CLIN description and IAW Section 2.1.

i. Publications listed in this paragraph are a part of the contract and compliance with their requirements as of the date of contract award is mandatory. The Generator shall provide the below listed publications and any updates thereto, to the Contractor when requested. During the solicitation and life of this contract, the Government may make requirement changes, additions, and/or deletions to those initially identified.

1. American Petroleum Institute Publications:

- RP 500-91 Recommended Practice for Classification of (R1974) Areas for Electrical Installations at Petroleum and Gas Pipeline Transportation Facilities

- RP 2003-91 Recommended Practice for Protection Against Ignitions Arising Out of Static, Lighting and Stray Currents

- PUBL 2015-94 Safe Entry and Cleaning of Petroleum Storage Tanks

2. National Fire Protection Association Publication:

- NFPA 70-96 National Electrical Code

3. Underwriters Laboratories, Inc. Publication:

- 844-95 Electric Lighting Fixtures for Use in Hazardous Locations

4. National Institute for Occupational Safety and Health:

- National Institute for Occupational Safety and Health Certified Personnel Protective Equipment List

5. Code of Federal Regulations:

- Title 29 CFR U.S. Occupational Safety and Health Administration

- Title 33 CFR Navigation and Navigable Waters Parts 130-136 & 151-

- Title 40 CFR U.S. Environmental Protection Agency Parts 260 through 268, 302, and 355

- Title 49 CFR U.S. Department of Transportation Parts 171 through 178, includes over-water oil and hazardous substance transfer Operations (vessel-to-shore transfers of oil and HM)

- Public Law 94-580 Resource Conservation and Recovery Act of 1976

- Public Law96-482 Hazardous and Solid Waste Amendments of 1984

6.California Code of Regulations Publication:

- Title 13 CCR Division 5.1 and 6

- Title 22 CCR Chapter 30

- Title 23 CCR Subchapter 15

7. California Health and Safety Code:

- Division 20 Chapter 6.5 and 6.95

8. Military Specifications:

- EM 385-1-1 Corps of Engineers Manual, Safety and Health Requirements

- COMNAVBASEINST 5090.1B Regional Oil and Hazardous Substance Pollution Contingency Plan

- OPNAVINST 5100.23D Navy Occupational Safety and Health Program Manual

j. The normal areas of service in this contract are on military installations in the San Diego area, including San Diego and Imperial Counties. (Attachment 1) The map uses reference points and covers the following regions: Zone I covers the region up to MCAS Miramar, Zone II covers the region from the point Zone I ends up to San Bernardino. Approximately 95% of all work will be performed in Zone I. Most waste picked up from all areas listed on this contract will be disposed of at one of the sites listed below:

1. Hazardous Waste Accumulation Area, Bldg. 145, Naval Amphibious Base, Coronado, North Island (NBCNI)**

2. Industrial and Oily Waste Treatment Plant (IW/OWTP) Building 788, Naval Base Coronado, North Island (NBCNI)**

3. Oily Waste Treatment Facility, Building 3588, Naval Base San Diego (NBSD)

4. Oily Waste Treatment Facility, Bldg. 2004, Naval Base Point Loma (NBPL), San Diego

5. Hazardous Waste Storage Facility, Bldg. 375, Naval Base Point Loma (NBPL), San Diego

6. Hazardous Waste Storage Facility, Bldg. 1606/1096, Naval Base San Diego

(NBSD)

7. Hazardous Waste Storage Facility, Building 3458, Naval Base San Diego

(NBSD)

k. When bulk waste is contaminated with constituents that are not accepted at these sites the COR/COTR will provide the Contractor with a profile identifying the waste stream to be disposed of at a non-Government site. These waste stream disposals will be ordered with the appropriate Profile-Based CLIN (PBC).

** Wastes accepted by IWTP at NBCNI are (a) aqueous wastes containing cyanides or sulfides,

(b) general industrial wastes, (c) aqueous wastes containing metals and/or organics including solvents, fuels, petroleum oil lubricants, (d) specific industrial wastes, i.e., boiler treatment solutions, chelating agents, cleaning compounds, foaming agents, solutions with dissolved salts, nitrates, sulfates, phosphates, etc., and (e) other combustible, corrosive, or toxic liquid wastes.

l. Minimum TO charges under this contract will be $2,000.00, except where exceptions are otherwise specified in the contract, including but not limited to most management services, expedited removals, and performance.

m. Time frames expressed in business days. For purposes of this contract a business day will be defined as any day in which normal business is conducted. It does not include weekends, federal holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions. For timekeeping purposes, the day in which the (TO/BPN) is issued to the Contractor will constitute “Day 0” (zero), and the following business day will constitute “Day 1”. All business days thereafter, whether in whole or in part, will constitute one

(1) day for timekeeping purposes.

n. Time frames expressed in calendar days. For purposes of this contract, a calendar day will be defined as every day of the calendar year. For timekeeping purposes related to equipment rentals, the day of equipment placement, regardless of time, will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”. All subsequent calendar days thereafter, whether in whole or in part, will constitute one (1) day toward the ordered rental period.

o. Time frames expressed in hours. For purposes of this contract, an hour will be defined as 60 continues minutes of time. For time keeping purposes the hour in which the TO/BPN is issued to the Contractor will constitute “Hour 0” (zero), all hours thereafter will constitute one

(1) hour for timekeeping purposes.

0.1 PERFORMANCE REQUIREMENTS

a. When performance is required on this contract the Generator will estimate their requirements for services and fulfill the Task Order (TO) requirements by placing a Call Order per clause 3.6. Pumping services shall be from, but not limited to, holding tanks, oil-water separators, wash racks, sumps, diversion manholes, catch basins, vaults, ships, and submarines.

The unit of issue one (1) “each” includes all equipment, supplies, operator, technician, and services required to pump out, clean interconnecting piping, transport and offload the waste to the appropriate site including, but not limited to labor, vehicles, hoses, berms, appropriate documentation, etc., for a four (4) hour period. (See 3.7)

b. On-site is defined, under this contract per 40 CFR 262.20 (f), for CLIN 6384HR, as the contiguous confines of the military base/installation where waste is to be pumped and disposed

of. CLIN(s) 6384HR require pumping, transportation, and disposal on-site (or contiguous property) as listed in the Price Schedule.

c. Upon receipt of a properly completed DD 1155, Request for Supplies or Services, the Contractor is required to furnish a vacuum/tanker truck with 3,500- to 5,000-gallon capacity with a minimum of 400 feet of vacuum/pump hose, as appropriate, to a job site in the specified Zone.

Vacuuming/pumping, removal, transportation, and disposal shall be accomplished and is required either on a Government facility or an off-site Government approved TSDF.

1. When 6384HR is ordered ship and submarine bilge bulk liquid removal is requested that allows for disposal on-site. (See 3.7)

2. If the Contractor is delayed due to Government actions and the bulk liquid disposal cannot be accomplished within the initial four (4) hour timeframe, then CLIN 639300 will be used in conjunction with CLIN 6384HR for the amount of delayed time. The initial four

(4) hours begins when the Contractor or Subcontractor is issued the Waste Acceptance Form (WAF). WAFs and DL2539 for NBC can be picked up at Bldg. 788, WAFs and DL2539 for NBSD can be picked up at Bldg. 3588, and WAFs and DL2539 for NBPL can be picked up at Bldg. 2004.

3. When analysis shows that the bulk liquid cannot be disposed of on-site because of contamination above the acceptable limits for Government disposal, the appropriate disposal CLIN shall be ordered for disposal at a commercial TSDF. Off-Site Bulk Liquid CLIN pricing shall include pumping, removal/transportation, and disposal. (See 3.9.1)

d. CLINs for providing additional hoses, holding tanks, drums, Gas Free Certification, and/or Certificates of Disposal will also be listed on form DD 1155 as needed.

e. CLINs for Task Order cancellation or demurrage charges may be done by modification to a task order or on the next task order.

f. CLINs ordering vacuum trucks assume that the service requires four (4) hours from time of on-site arrival to job completion. The Contractor shall pick up a Waste Acceptance Form (WAF) and DLA Form 2539 from the designated location. The task order shall state the start time to preclude down time for the Contractor, along with date, location and POC. The DLA Form 2539 will be completed by the Government representative conducting surveillance of work, the Contractor will return the completed DLA Form 2539 upon completion of work.

g. The Contractor shall notify the COR/COTR/KO two (2) hours in advance if any scheduled service will progress past four (4) hours. Modification to the task order or adding the CLIN to the next task order may be required.

h. After waste has been pumped from each containment vessel, the Contractor shall wash-out any remaining residue and foreign matter from the container, including loose sludge or sediment from the container bottom. All interconnecting piping between the various components of the containment vessel shall be cleaned at each pumping service. It is the intent of this clause that the Contractor shall remove any waste or debris at any point in the system that would impede the flow of fluids as designed. All sludge or solids generated by the wash-out shall be removed, contained in 55 gl. drums, labeled, and shall be left on-site. All residues shall be removed from the outside of the containment vessels after pumping. The Contractor shall recharge oil-water separators with water up to the outlet pipe upon completion of service.

i. The Contractor may be required to furnish various sizes of holding tanks to any site as temporary storage as required. The Contractor shall provide all labor, equipment, material, and transportation required to deliver the tank(s). The Task Order will designate what size and type tank is required at the specified site and what waste stream will be used with each tank. No socks, pillows, or bags of absorbent surrounding the tank shall be permitted; instead, the inflatable ‘swimming pool’ type containment berm is required. A 21,000-gallon portable FRAC tank(s) shall be placed for use for a period of up to 30 days, if a requirement for this tank(s) is still needed after 30 days then CLIN 1072RE will be reordered. (See 3.4) Small temporary tanks of less than 21,000-gallons shall be ordered by the day, with estimates used on the delivery order.

0.2 ENVIRONMENTAL PROTECTION

a. The Contractor shall be cognizant at all times of their obligation to preserve the natural resources within and outside the project boundaries during operations of this contract requirement. The Contractor shall restore the project site to an equivalent or improved condition upon completion of specified tasks. No-notice inspections may be conducted by the Activity Environmental Protection Coordinator at any time during operations of this contract, and of any facility operated by the Contractor. Any monetary fines against the Government for violations caused by the Contractor shall be reimbursed by the Contractor for the amount of the fine and other costs. Natural resources, land, water, wetlands, fish, and wildlife resources shall not be disturbed in any matter without the written authority of the Commander of the military installation that contract work is being conducted on.

b. All debris, rubbish, unusable material, garbage, and sewage resulting from work under this contract shall be disposed of by the Contractor at contractor expense off Government property.

0.3 CONTRACTOR EQUIPMENT AND PERSONNEL

a. The Contractor shall be responsible for furnishing and utilizing the proper equipment and material for pumping, handling, and transporting the waste. The Contractor shall provide secondary containment berms of the “inflatable swimming pool” type, capable of resisting the chemical properties associated with the waste. The Contractor shall place a spill control mat over storm/sewer drains near pumping operations and/or any downstream drains.

b. The Contractor shall have the following items readily available:

(1). A total of eight (8) vacuum trucks and/or truck-and-tanker trailers with operators, each with a capacity of 3,500 to 5,000 gallons for transportation.

(2). One (1) two-ton stake-bed truck or box truck - (48 hours after task order issuance)

(3). A minimum of 400 feet of hose per truck/tanker for pumping.

(4). A minimum of 1,000 feet of hose available for pumping when required.

(5). Two (2) each spill control mats per truck/tanker.

(6). Inflatable berms (swimming pool type) - (48 hours after task order issuance)

(7). 25 each, reconditioned, metal, UN 1A2/Y1.2/100, 55 gl. drums (closed head)

(8). 25 each, reconditioned, metal, UN 1A2/Y1.2/100, 55 gl. drums (open head)

(9). 25 each, new, polyurethane, UN1H1/Y1.9/100, 55 gl. drums (closed top)

(10). 2 each 21,000-gallon capacity FRAC tanks.

(11). Reserved

(12). 2 each 5,000-gallon capacity polyurethane storage tanks (48 hours after task order issuance)

Note: For purposes of this contract Readily Available implies that FRAC tanks or smaller portable tanks must be delivered within 6 hours of issuance of written task order or as noted per item above.

The Government will authorize on installation storage of the FRAC and smaller portable containers.

c. The COR or Government representative shall inspect all vehicles and empty containers/tanks prior to the start of work on each TO/BPN. All tank vehicles shall be clean with no residues on the outside of the tank vehicle, have current registration and inspections. The tank vehicle will be in good physical working condition. Providing acceptable tankers is of the utmost importance on this contract.

Any tanker, container, or tank shall be rejected for such discrepancies as expired license plates, visible residue inside/outside of the vacuum/tanker, leaking, or valve failures. All rejected tanks, vacuum trucks, tanker trailers, or containers shall be removed and replaced as soon as possible or no later than the same workday.

d. The Contractor shall provide the name and phone number of responsible supervisor/manager person(s) for this contract to the KO prior to the start of this contract. When the supervisor/manager is not available, an alternate will be identified as the person in charge to make appropriate decisions. The supervisor/manager will be required to provide phone numbers to the COR/COTR to accommodate response coverage 24 hours per day, every day of the year (hereafter referred to as “24/7”). An answering service may be utilized as a Contractor representative for 24/7 coverage, provided prompt services are deployed and provided within the timeframes specified in this contract. An answering machine or other recorded message device is not an acceptable means of fulfilling this requirement. In the event that the Government representative placing an order receives a recorded message, the Government representative will then call the Contractor’s next designated phone number, and so on until he or she is able to speak with a Contractor representative.

e. All Contractor/Subcontractor employees shall be identified by distinctive name plate, emblem, or patch attached to all outer shirt/jacket/coverall garments. Contractor employees may be required to obtain a Public Works Center badge or base identification badge at individual military bases. Contractor employees may be required to view videos, complete paperwork, or furnish information to obtain a base identification badge/pass. When required, each employee shall wear the appropriate identification badge while working on that base. When Contractor/Subcontractor employees leave employment connected with this contract all base badges/passes shall be returned. Any employee of the Contractor who is denied a base badge for any reason by any military base, shall not be allowed to perform work under this contract.

f. The Contractor shall submit to the Installation Security Officer a list on company letterhead stationery and signed by the Contractor, within 10 business days after contract award, the following information: Contract number, names and the SSN of employees working under this contract, including Subcontractor employees. Request for identification badges/passes must also be received within 10 business days after award of this contract.

g. All Contractor personnel shall be required to have the ability to provide effective oral and written communications in the English language. All Contractor personnel shall conduct themselves in an efficient, courteous, safe, and businesslike manner. All Contractor personnel shall provide proof of US citizenship, or, if an alien, that his/her residence and employment within the United States is legal.

The Contractor shall remove any employee from the site if the COR/COTR deems his/her actions are contrary to the public interest or inconsistent with the best interests of National Security.

h. All Contractor/Subcontractor vehicles shall display on each vehicle the company name in sufficient size to be clearly visible. Each vehicle shall have a valid current state license plate and safety inspection sticker, if required. The Contractor shall maintain all vehicles, used in this contract, in good condition and repair.

Note: The on-site Government Representative will complete the DLA Form 2539 before the Contractor departs the work site and return the same document to the work office when dropping off the WAF. The Government Representatives name will be annotated on the back of the Bulk Pumping Notice.

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 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 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 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expense to the Government, The Contractor shall 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 any fees associated with requirements of the Environmental Protection Agency (EPA) national electronic manifest (e-Manifest) system. 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 TSDF. All Contractor-signed waste profile sheets shall be written for the actual waste stream 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 Defense Logistics Agency Disposition Services Qualified Facilities List (QFL) and Qualified Transporters List (QTL), per Section 5.0.

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 COR with the shipping documentation.

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). Waste containing high level mercury (>260 mg/kg) will not be exported outside the United States.

f. The Contractor shall have a current Captain of the Port approved Operations Manual in compliance with 33 CFR 154.300 prior to full performance of this contract. This manual must be submitted along with the approval letter from the Captain of the Port to the KO prior to full performance. The Operations Manual with Person in Charge (PIC) list and Response Plan and must be maintained in all trucks and available upon request at all times.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping documents.

The Contractor shall use only a Non-Hazardous Waste Manifest or a Uniform Hazardous Waste Manifest for shipments of waste under this contract. Bill of Lading (BOL) documents are prohibited for use under this contract. Some states may require the use of state-specific waste codes and/or have unique requirements regarding the use of manifests. The Contractor will comply with all such state requirements in the performance of this contract. 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 DLA Disposition Services Field Activity coordinating the waste disposal. All documentation shall be clearly marked with the name of the servicing DLA 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.

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 prior to removal.

c. The use of mock EPA identification (ID) numbers:

(1) When adding a TSDF to the Qualified Facility List (QFL), a unique mock EPA ID number will be created by DLA Disposition Services for:

(a) Any non-RCRA TSDF within United States (US) territories (CONUS, AK, HI, GU, and PR) and,

(b) Any TSDF located outside of United States territories (OCONUS). Some states have issued EPA IDs to TSDFs outside US territories to track HW shipments. In these scenarios, mock EPA IDs will not be created to replace the state issued EPA ID.

(2) When adding transporters to the Qualified Transporter List (QTL), a unique mock

EPA ID number will be created by DLA Disposition Services for any “non-regulated only” transporter within United States territories and for any transporter located outside of United States territories.

(3) Mock EPA ID numbers for TSDFs and transporters will be used on the DLA Form 2505 Invoice (See Attachment 6), when submitted to DLA for invoicing purposes.

(4) Mock EPA IDs for TSDFs and transporters must be entered on all manifests.

Regulations may dictate where the mock ID will be entered on a manifest, Example: When exporting from US territories, 40 CFR, Section 262.83(c) requires only the destination company name and address be used in block 8 of the Uniform Hazardous Waste Manifest (EPA Form 8700-22) when the export destination does not have an EPA ID. In this scenario, the mock EPA ID number will be entered in Block 14, “Special Handling Instructions and Additional Information.”

d. The “Universal Waste” Rule, 40 CFR § 273, does not require the use of a hazardous waste manifest to ship Universal Waste (UW) within, to, or through a state that has adopted the Universal Waste Rule, in which case, under this contract, a non-hazardous waste manifest may be used. Whenever UW is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used. The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” (or equivalent) block when UW is being transported (e.g., “Universal Waste Shipment”). Shipments of UW must comply with the requirements specified in 40 CFR § 273.18 and 273.38. UW includes but is not limited to batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR § 260.10.

It may also include state-regulated UW such as antifreeze, paint and paint-related wastes (PPRW), cathode ray tubes (CRTs), electronics, and aerosol cans. The regulations allow the Generator to make the determination about whether to handle these and other specific wastes as UW or as HW per 40 CFR. The Contractor will be advised on the TO if these wastes are to be handled as “Universal Waste”.

e. 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 provide for the proper treatment and disposal of waste based on the waste characteristics if it were otherwise managed as a HW.

Example: UW 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 under CLIN FL01C7, even when managed and turned in as UW with no EPA waste codes 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. Generators are urged to segregate their aerosol cans accordingly. Other scenarios may apply.

1.1.3 NOTIFICATIONS

Note: This clause applies to TOs that require the removal to an off-installation disposal facility.

a. Except as may otherwise be specified herein or as applicable, the Contractor shall notify the COR or other Government representative, at least five (5) business days before attempting site visits, providing services, or removal efforts.

(1) In addition to the notification above for removal efforts, 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 moot 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 change with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

b. Reserved

c. 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.

d. Defense Biometric Identification System (DBIDS) may be mandatory for access to some DOD facilities. See Section 1.1.7 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.

1.1.4 CONVEYANCE VEHICLE

a. The Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for Government reimbursement to the Contractor.

1.1.5 HOURS OF OPERATION AND BASE ACCESS

a. The Contractor agrees that, for those portions of the services provided on a government installation, the services will be provided on a 24/7 call basis. The normal hours of operations for installations on this contract are available, upon request, from the COR, but do not apply to this contract. The Contractor shall be fully equipped and ready to start work when he arrives on-site. The Contractor must have in possession the Bulk Pumping Notice (BPN) upon arrival at all work sites for the customer’s information.

b. All requirements for prohibitive times and streets closures for shipments through non-industrial areas should be ascertained from local governments and followed by the Contractor.

c. There are special permit conditions that restrict hazardous waste transportation in and around the Naval Base San Diego (NBSD) (32nd Street) and the Naval Base Coronado, North Island (NBCNI). These conditions are:

NBCNI – The on-site receipt or off-site shipment of hazardous waste is prohibited from 0700 to 0800 hours and from 1600 to 1700 hours daily. Additionally, the City of Coronado has specified certain routes that shall be used for such shipments. The State of California Department of Toxic Substances Control requires that the Navy notify all waste transporters and include in their contract the transportation restrictions stated above. The approved transportation routes are provided by the City of Coronado in Attachment 2 and Attachment 5.

NBSD – For the on-site receipt or off-site shipment of hazardous waste, transporters must enter or exit Interstate 5 at the 8th Street or Main Street off-ramps (except for emergencies) in National City. Monday through Friday all Contractor vehicles must access Gate 6A to be inspected and receive a pier pass for NBSD, then proceed to Bilge Oily Waste Treatment System (BOWTS) for WAF issuance.

All other days Contractor Vehicles can enter the main gate. The following streets may be used to access the base:

• Harbor Drive

• Roosevelt Avenue, between 8th Street and Main Street

• Twenty-Eighth Street between Harbor Drive and Interstate 5

• Thirty-Second Street between the Naval Station Main Gate and `

Norman Scott Road

• Eighth Street between Harbor Drive and Roosevelt Avenue

Transporters must refrain from transporting Hazardous Waste to or from the NBSD during the following times:

• Monday through Friday from 0715 to 0830 hours

• Monday, Tuesday, Wednesday, and Friday from 1400 to 1500 hours

• Thursday from 1300 to 1430 hours

d. The Naval Aviation Depot, NBCNI operates from 0700 to 1400 daily.

1.1.6 CONTRACT RELATED INFORMATION DISCLOSURE

The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the Contracting Officer providing approval in writing prior to release. The contractor shall immediately notify the Contracting Officer upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or host nation officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the Contracting Officer.

1.1.7 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel and credential status, law enforcement warrants, lost/stolen cards, and force protection conditions.

b. DoD installations now require 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 should plan accordingly. For DBIDs enrollment, go to https://dbids-global.dmdc.mil/enroll.

c. Additional credentials and documentation may be required at some installations. The Contractor will consult the COR for additional info regarding additional credentialing requirements.

d. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

https://dbids-global.dmdc.mil/enroll

e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

f. Failure to comply with these requirements may result in withholding of final payment.

1.1.8 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services implemented an Environmental Management System (EMS) in accordance with ISO 14001:2015(E), DOD, and DLA requirements at all appropriate DLA Disposition Services 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 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 DLA Disposition Services tenant facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each appropriate DLA Disposition Services 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 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 facility’s EMS program. Contractors may request current copies of EMS information identified in this Section by contacting the local COR.

1.1.9 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled at least 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

a. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit(s) on-site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of 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 additional cost to the Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with approval of the host’s Environmental Office, hazardous waste spill cleanups may be allowed to move to a permitted Satellite Accumulation Area until it can be shipped off-site. The Contractor shall prepare a separate manifest for the spill cleanup removals.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO 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 KO 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

KO.

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

1.2.2 GOVERNMENT EQUIPMENT & PERSONNEL

The Government shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of Government-owned scales. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

1.2.3 DISRUPTION OF WORK (DEMURRAGE) – CLIN 639300

a. When Government interference delays the start of the Contractor work beyond the one-hour standby limit, the Government will reimburse the Contractor in increments of one-each for each hour impacted at the rate established in CLIN 639300 for any additional standby time. The Government will also reimburse the Contractor in increments of one each standby time at the rate established in CLIN 639300 for movement of equipment between shore activities when multiple site pumping is required on the same Task Order. The unit of issue for 639300 is “each” where one (1) each is equal to one (1) hour.

b. When the Contractor is issued a task order and arrives at the facility to perform bulk pumping services, and a Government caused situation develops which prevents the Contractor from performing work and the Contractor was not notified within two (2) hours of a scheduled task order start time CLIN 639300 will be ordered to reimburse the Contractor in increments of one (1) hour at the rate established in CLIN 639300.

1.2.4 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 by contacting the COR. 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. Before bulk loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or roll-off/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 cargo 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. In lieu of a printed/certified weight ticket, a manual ticket that is signed or stamped by a witnessing Government representative will constitute a certified weight ticket when certified Government scales are available.

1.2.4.1 TASK ORDER (TO) ADJUSTMENTS

All TO weights and/or volumes are estimated.