SF 1449 7-5-12.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000002710

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4530-12-R-0003

5. SOLICITATION NUMBER

2012 JUL 05

6. SOLICITATION ISSUE

DATE

Rebecca Kanetani SS90212

a. NAME

Phone: 808-473-4267

b. TELEPHONE NUMBER (No Collect calls)

2012 AUG 06

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4530

DLA DISPOSTION SERVICES - PACIFIC

DLA DISP SVCS J762 SUITE 2000

1025 QUINCY AVENUE

PEARL HARBOR HI 96860-4512

USA

10. THIS ACQUISITION IS

100UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8 (A)

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

562211NAICS:

$12500000SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

PAS: None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

52PAGE 1 OF

04:00 PM

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 3/2005) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

CONTINUATION SHEET TO SF 1449

Notes to Offeror

1. This is a COMMERCIAL solicitation for an award of a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as performance based. Services are to provide removal, transportation, and recycling or disposal of RCRA, TSCA wastes and non-RCRA, non-TSCA waste located at various Military and Government activities in Guam.

2. The contract will allow 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) (Attachment 1) is not met.

3. This Request for Proposal (RFP) consists of one price schedule per base/option period. Offerors must furnish prices for the entire price schedule, Attachment 2. NOTE: 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. The base period is estimated to begin on November 30, 2012.

4. Offerors are encouraged to read FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION and DLAD 52.228-9000 INSURANCE carefully. These two clauses are located in the ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS to the solicitation.

5. Offerors are advised to carefully read the Performance Work Statement and all Attachments to this solicitation. Some waste ordered on this contract requires the contractor to furnish Certificates of Recycling or Certificates of Disposal. When applicable, the contractor shall supply a Certificate of Disposal or Certificate of Recycling to the agency listed in BLOCK 5 of the Hazardous Waste Manifest with a copy to the DLA Disposition Services Contracting Officer Representative (COR) for items removed. The contractor’s attention is directed to Paragraph 1.1.1, Permit / Special Requirements.

6. It is the offeror’s responsibility to review and thoroughly analyze the Environmental Reporting System (ERS) Data provided in part 4 in preparing their proposals under this solicitation. Failure to do so shall not be the basis for any future claim(s) against the Government.

7. Important: Please read the Addendum to FAR 52.212-2 Evaluation – Commercial Items carefully as the submission process for past performance information has changed. DLA Disposition Services will not contact offeror’s past performance references to obtain past performance information. Offeror is responsible for requesting references complete the Past Performance Questionnaire and ensuring that the Questionnaire(s) is submitted to DLA Disposition Services by the solicitation closing date.

8. See the ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS to this solicitation for proposal format and content requirements. Proposals for this solicitation shall be submitted via electronic media. The email address for receipt of offers is DRMSHazardousContractsHawaii@dla.mil. The deadline for all proposal is on AUGUST 6, 2012 at 4:00 p.m. Hawaii Standard Time.

9. Offerors are encouraged to read TIERED EVALUATION in the Solicitation Addendum and note that this is a Best Value Source Selection.

10. In order to submit a complete proposal, Offerors shall note that the following documents are an integral part of the solicitation. Offerors must review these documents and forms. Follow instructions and complete all required forms.

11A. ADDENDUM TO SOLICITATION SP4530-12-R-0003

11. This solicitation does not commit the government to pay any costs incurred in the submission

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SP4530-12-R-0003

of an offer, in making any necessary studies for the preparation thereof, or for any revision(s) the Contracting Officer may request for the purpose of clarification of the offer.

SITE VISIT: A Site Visit is scheduled at DLA Disposition Services Guam on 25 July 2012 at 0900 hours.

Prospective offerors are highly encouraged to attend the site visit. Please contact Mr. Ronnie Fejarang at telephone number 671-339-4057 or email Ronnie.fejarang@dla.mil by 11 July 2012 to allow ample time to process clearances to enter the site. Failure to provide the required notice prior to the site visit date will not allow prospective offerors to enter the site.

12. FAR 52.237-9003, on page 41, should include the following information.

Contact information for the site visit coordinator and his or her alternate is as follows:

PRIMARY NAME: Ronnie Fejarang

PHONE NO: 671-339-4057

ALTERNATE NAME: Marilyn Hennegan

PHONE NO: 671-339-6057

13. Offerors must submit all questions regarding this solicitation via email to Rebecca Kanetani at Rebecca.kanetani@dla.mil. Questions must be submitted no later than 30 July 2012, 12:00 p.m. Hawaii Standard Time (HST), so that corresponding Government answers can be issued via solicitation amendment before closing.

The government is not obligated to answer questions submitted after this common cut-off date.

14. Pick-up Points and Address: See Attachment 3.

PERFORMANCE WORK STATEMENT (PWS)

1.0 REMOVAL

1.1 Pre Removal

1.1.1 - PERMIT / SPECIAL REQUIREMENTS

1.1.2 - SHIPPING DOCUMENTATION

1.1.3 - NOTIFICATIONS

1.1.4 - TRAILER SECURITY, PADLOCKS

1.1.5 - HOURS OF OPERATION

1.1.6 - RESERVED

1.1.7 - DEFINITION OF SMALL CONTAINERS, DRUMS, AND BULK REMOVALS

1.2 REMOVAL

1.2.1 - SPILL RESPONSIBILITY

1.2.2 - SEGREGATION OF HAZARDOUS WASTE

1.2.3 - STATEMENT ON CONTAINERS

1.2.4 - GOVERNMENT EQUIPMENT AND PERSONNEL

1.2.5 - TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

1.2.6 - LOADING

1.2.7 - WEIGHING OF PROPERTY

1.2.8 - RESERVED

1.2.9 - SMALL CONTAINERS AND CONTENTS

1.2.10 - BULKING AND CONSOLIDATION

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1.2.11 - RESERVED

1.2.12 - RESERVED

1.3 POST REMOVAL

1.3.1 - RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL / RECYCLING

2.1 RCRA/NON-RCRA ITEMS

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

2.1.2 - CERTIFICATES OF DISPOSAL / DESTRUCTION

2.1.3 - DETAILED ANALYSIS

2.1.4 - ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING /

RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

2.1.5 – RESERVED

2.1.6 - DISPOSAL FOR HIGH LEVEL MERCURY – HIN 6630MM

2.1.7 - EMPTY CONTAINERS

2.1.8 - RESERVED

2.1.9 - RESERVED

2.1.10 - RESERVED

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

2.3 COMPRESSED GAS CYLINDERS

2.4 RECYCLING

2.4.1 – RECYCLING / RE-USE / RECLAIM

2.4.2 - COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.5 DEMILITARIZATION VIA SERVICE CONTRACT

2.5.1 - DEMILITARIZATION OF PASSIVE COUNTERMEASURE SYSTEM TILES – (PCMS) MATERIAL TYPES 6, 3R AND 18 - HIN

9904CM

2.5.2 through 2.5.4 - RESERVED

2.5.5 - UNIFORMS REQUIRING MANDATORY INCINERATION – HIN 9904BX

2.6 CERCLA WASTES

2.7 DISPOSAL OF NON-CONTROLLED MEDICAL ITEMS, LIQUIDS AND SOLIDS

2.8 BONDCOTE TENTS/FABRIC

3.0 RESERVED

4.0 ADMINISTRATIVE NOTES

4.1 PUBLIC AFFAIRS COORDINATION

4.2 TASK ORDER WEIGHT ADJUSTMENTS

4.3 DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

5.0 USE OF FACILITIES AND TRANSPORTERS

5.1 QUALIFIED FACILITIES

5.2 QUALIFIED TRANSPORTERS

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5.3 ADDITIONAL TSDFS AND TRANSPORTERS

5.4 USE OF TRANSPORTERS AND TREATMENT, STORAGE, DISPOSAL AND RECYCLING (TSDR) FACILITIES

5.5 TREATMENT, STORAGE, DISPOSAL AND RECYCLING (TSDR) FACILITIES

6.0 ADDITIONAL REQUIREMENTS

6.1 REPORTING REQUIREMENTS

6.2 PACKAGING, MARKING AND LABELING

6.2.1 – MARKING AND IDENTIFICATION

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE TECHNICAL REPRESENTATIVE

6.5 CONTAINERS

6.6 INCIDENTAL FEES

7.0 PERIOD OF PERFORMANCE – INCLUDING DISPOSAL AND REMOVAL

7.1 PERIOD OF PERFORMANCE

8.0 ACRONYMS AND DEFINITIONS

PERFORMANCE WORK STATEMENT

a. The contractor agrees to provide all services necessary for the final treatment/disposal of the hazardous property listed in the schedule in accordance with all local, Territory of Guam, international and Federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract. All hazardous/non-hazardous property Hazardous Identification Number (HIN) regardless of their condition is being discarded by the Government and is considered to be waste.

b. The Government agrees that all hazardous property placed on Task Order(s) (TO) on this contract will be accompanied by documentation and markings that comply with all applicable Federal, Territory of Guam and local laws and regulations relating to the generation and storage of hazardous property.

1.0 REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The contractor and subcontractors must perform at all times in a prudent, conscientious, safe and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Handling and Personnel Protective Equipment (PPE) shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste.

When operating within a U.S. Environmental Protection Agency (EPA) or Guam Environmental Protection Agency (GEPA) permitted DoD Hazardous Waste (HW) storage facility, the contractor is required to use forklifts with specifications that meet the applicable permit requirements. The contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

1.1 PRE-REMOVAL

1.1.1 PERMIT / SPECIAL REQUIREMENTS

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a. The contractor shall without additional expense to the Government be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the generator(s) of hazardous waste to sign and file with the applicable Federal and Territory of Guam regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by Treatment Storage Recycling Disposal Facilities (TSRDF). 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 and/or Territory of Guam agency.

b. The Contractor may be required to attend special required training, seminar, instruction, class, 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, fork lift training.

c. Any shipments outside the United States must comply with all international agreements and all applicable foreign laws. If the contractor will be exporting directly from the Department of Defense (DOD) activity, the contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the Contracting Officer Representative (COR) with the shipping documentation in accordance with provisions of The Basel Convention.

1.1.2 SHIPPING DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. The contractor shall obtain and prepare all manifests and documents required for acceptance of waste into qualified TSRDF, Land Disposal Restriction (LDR) notifications and any other shipping documents. The contractor shall provide the COR with a copy of the completed form(s) for review at least five (5) business days prior to removal.

Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests, or bills of lading, whichever is applicable, shall be furnished to the DLA Disposition Services Office, Guam.

Each pickup manifest and bill of lading (i.e., with a Government activity identified as a generator), as well as all other documentation required herein, shall be clearly and distinctly marked with the name “DLA Disposition Services Office, Guam” in addition to the generator(s) and the contract and task order number as applicable. Emergency response information and twenty-four hour emergency phone numbers shall be listed on the manifest as well as bills of lading. If blocks are not provided on the forms for this information this information shall be placed in the upper right-hand corner of each document.

b. Contractors may not ship waste outside of the United States to circumvent U.S. EPA LDR as cited in CFR 268.

1.1.3 NOTIFICATIONS

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

(1) The contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number and its expiration date to the COR at least 24-hours prior to execution of TOs. The contractor may elect to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR prior to any removal. If this option is elected and the list is approved and maintained by the Contractor, the 24-hour notification requirement is waved for the remainder of the contract unless otherwise modified.

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

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b. The Government reserves the right to take appropriate action such as the pursuit of monetary consideration and/or annotation of negative past performance if the contractor fails to meet the above applicable notification requirements and/or a driver other than the one previously identified under the notification requirement or whose name does not appear on the list of approved, multiple drivers, arrive at the pickup location(s).

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

1.1.4 TRAILER SECURITY, PADLOCKS

a. All contractor trailers and tankers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers and tankers capable of being padlocked must also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative.

b. If any unusual or suspicious actions occur 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 clauses in this contract and refuse commencement and/or completion of pickups. 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.

c. The Government reserves the right to take appropriate action such as the pursuit of monetary consideration and/or annotation of negative past performance if the contractor has a trailer or tanker capable of being padlocked arrives and/or departs from the pickup locations(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

1.1.5 HOURS OF OPERATION

The contractor agrees that for those portions of the services provided on a government installation the services will be provided during the normal hours of operation for the installation or as posted by the installation. These hours are subject to change. Additional requirements are:

a. Work at other than normal hours of operation may be required as directed by the Contracting Officer (KO) (i.e., emergency removals).

b. Contractor requests for work at times other than the normal hours of operations must be received by the KO 72 hours in advance. The KO will notify the contractor if the request is approved within 48 hours of receiving the request.

1.1.6 RESERVED

1.1.7 DEFINITIONS OF SMALL CONTAINERS, DRUMS, AND BULK REMOVALS

a. Services for the removal, transportation, storage, and disposal of small container(s) of RCRA/TASCA, Territory of Guam regulated hazardous or non-hazardous property will be ordered using HINs with a “1” in the fourth position, e.g., 9101, 9401. Unless specifically excluded below, small containers are any receptacle containing hazardous or non-hazardous property that has a capacity of less than five (5) gallons.

b. Small containers are not:

(1) Individual sealed articles that are formed to a specific shape or design during manufacture that have an

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end-use or function dependent in whole or in part upon the shape or design during use.

(2) RCRA empty containers of any size (which may or may not be crushed to reduce their volume). Examples of such items are empty oil cans, paint cans, etc.

c. In those instances where containers of hazardous property are placed into a larger outer container and the interior packaging is either all small containers as defined above, or a mix of different sizes, some being small containers as defined above, then the entire item (interior packaging and its outer container) shall be assigned to the appropriate small container HIN.

d. The contractor shall accept the Government's HIN assignment as a non-small container item unless the contractor demonstrates to the COR prior to removal from the Government facility that the item(s) does meet the definition of a small container.

e. If the contractor discovers a small container(s) packaged with other items not classified as small containers, the Government reserves the right to:

(1) Assign all the property, including the larger outer container, under the appropriate small container HIN;

or,

(2) Remove the small containers of hazardous property from the larger outer container, delete the small container items’ weight from the task order, and reduce the containerized HIN’s weight appropriately; or,

(3) Remove the small containers of hazardous property from the larger outer container, re-HIN the small container items separately as small containers on the same task order, and reduce the containerized HIN’s weight appropriately.

f. If the contractor elects to package EPA/DOT compatible items in the same container in order to facilitate recycling/disposal then the contractor must provide an inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list must be attached to the manifest. Contractor furnished over-pack containers and packing materials will not be included in the total weight calculations for payment purposes.

g. Bulking and Consolidation

(1) Bulking shall be defined as the act of pumping from an otherwise removable container(s) into a tank truck. Containerized waste may be pumped into a tank truck (bulking) only at the locations listed:

Unit Identification/Building Size Not Permitted at any location

(2) Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. Wastes may be consolidated only at the locations listed here:

Unit Identification/Building Location Not Permitted at any location

(3) Bulking and consolidation will be allowed only if the contractor has a spill contingency plan and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

a. The contractor is solely responsible for cleanup of any and all spills or leaks during the performance of this contract that occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government

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and in a manner that complies with applicable local, state, and Federal laws and regulations. The cleanup shall be at no cost to the Government.

b. The contractor shall report all such spills or leaks, regardless of their quantity, to the KO immediately upon discovery. 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 item spilled (including identity, quantity, manifest no., etc.).

(2) Whether amount 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 press or Government officials other than the KO.

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

(7) Total amount of clean-up material generated by weight and number of containers.

(8) A copy of any manifest(s) used for the clean-up material. Manifest(s) must be provided within ten (10) calendar days from time of shipment to TSRDF.

(9) A copy of the manifest(s) signed by the TSRDF within 30 days after acceptance and the accompanying Certificate of Disposal/Destruction within 30 days after issuance.

(10) A copy of any other special reports that are generated by the clean-up crew.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial TSRDF is reached. The items must be so marked that they are readily identified to this contract throughout this period. In addition the contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

1.2.3 STATEMENT ON CONTAINERS

a. The Government does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations for removal from the pickup site. The offeror is cautioned to ascertain and assess the need for overpacking or recontainerizing based on the site visit. The Government will not provide repackaging materials. The contractor will not be reimbursed separately for repackaging expenses and should include these charges in their disposal pricing.

b. When overpacking of containers is required the contractor will use appropriate equipment to place the container into the outside/overpack container. The inner container shall be kept in an upright position.

Overpack containers used for liquids will be marked with directional arrows indicating the upright position of the inner container.

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The contractor understands than any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government owned loading equipment (paragraph 1.2.6), and Government owned scales (paragraph 1.2.7) and where management services are applicable.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted.

Treatment is defined as any process which meets the definition of treatment as set forth in applicable local, state, and Federal (including 40 CFR 260.10) laws and regulations.

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b. The contractor shall not drain and/or flush PCB items at Government installations. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gas (other than inert) to the atmosphere on Government premises is not permitted by this contract. The contractor may perform gas extraction for other than inert gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

a. The contractor is responsible for loading, including furnishing all the equipment necessary for loading.

Unless otherwise specified, the Government will not load at any location.

b. Unless otherwise provided in the contract, loading will not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the items are located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the contractor and the initial placement on the contractor’s conveyance shall be as determined by the Government. Unless otherwise provided in the contract, the Government will not block, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor.

1.2.7 WEIGHING OF PROPERTY

The contractor shall weigh all property before removal. An authorized Government representative will witness all weighing that occurs on site. The weight, agreed upon by both the contractor and the Government representative at the time of removal, will be the basis for payment to the contractor. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the contractor.

a. Bulk Items

(1) Bulk items will be measured by one of the following methods. The method used will be whichever is most accurate and agreed upon by the contractor and the Government representative:

(i) Actual weight using Government scales.

(ii) Actual weight using commercial scales.

(iii) Calculated weight. As an alternative to actual weighing, the weight of bulk shipments may be computed, provided that the specific gravity of the material is known and the volume actually picked up is determined.

For example, 2,000 gallons of liquid with a specific gravity of 1.4 = calculated weight of 23,344 pounds.

(2,000 x 1.4 x 8.337, where one gallon of water weighs 8.337 pounds). Specific gravity will be obtained from a waste profile sheet.

(2) For either "actual weight" method, the vehicle will be weighed both before and after loading. For bulk shipments, where Government scales are not available or operable, the use of commercial scales is authorized.

The contractor will arrange for and incur all expenses of weighing property at the nearest certified public scale.

b. Non-bulk Items

(1) For non-bulk items, the contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of 1,500 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

(2) Prior to the use of portable scales at each pickup site, the contractor must demonstrate reasonable weight accuracy to the Government representative. Only materials to be removed by the contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the contractor will not be included in the weight.

(3) Government scales may be used, in lieu of scales provided by the contractor, only where they are

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available, operable, and authorized by the Government representative. The contractor shall be responsible for determining the availability of Government scales. The Government makes no guarantee that where Government scales are available, they are operable. At the Government's option, the use of Government scales will be allowed at the following sites:

SITE (Location) EQUIPMENT AVAILABLE (weight capacity of scale) Anderson Air-Force Base Guam 90 Day 5000 LB Pallet Scale NAVFACMAR Guam (CSF) 5000 LB Platform Scale DLA Disposition Services, Guam 5000 & 200,000 Platform and TRK Scale

(4) The use of commercial scales is not authorized for non-bulk items.

1.2.8 RESERVED

1.2.9 SMALL CONTAINERS AND CONTENTS

a. Services for the removal, transportation, storage, and disposal of small container(s) of RCRA/State regulated hazardous or non-hazardous property (HINs will be ordered using HINs with a “1” in the fourth position, e.g., 9101, 9401.) Unless specifically excluded below, small containers are any receptacle containing hazardous or non-hazardous property that has a capacity of less than five (5) gallons.

b. Small containers are not:

(1) Individual sealed articles that are formed to a specific shape or design during manufacture that have an end-use or function dependent in whole or in part upon the shape or design during use. (Examples of such items include, but are not limited to, fuel filters, oil filters, gas mask canisters, chemical defense equipment kits, and factory sealed containers that contain a small container (e.g., epoxy paint)).

(2) RCRA empty containers of any size (which may or may not be crushed to reduce their volume). Examples of such items are empty oil cans, paint cans, etc.

c. In those instances where containers of hazardous property are placed into a larger outer container and the interior packaging is either all small containers as defined above, or a mix of different sizes, some being small containers as defined above, then the entire item (interior packaging and its outer container) shall be assigned to the appropriate small container HIN.

d. The contractor shall accept the Government's HIN assignment as a non-small container item unless the contractor demonstrates to the COR prior to removal from the Government facility that the item(s) does meet the definition of a small container.

e. If the contractor discovers a small container(s) packaged with other items not classified as small containers, the Government reserves the right to:

(1) Assign all the property, including the larger outer container, under the appropriate small container HIN;

or,

(2) Remove the small containers of hazardous property from the larger outer container, delete the small container items’ weight from the task order, and reduce the containerized HINs weight appropriately; or,

(3) Remove the small containers of hazardous property from the larger outer container, re-HIN the small container items separately as small containers on the same task order, and reduce the containerized HINs weight appropriately.

f. If the contractor elects to package EPA/DOT compatible items in the same container in order to facilitate recycling/disposal, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list must be attached to the manifest. Contractor furnished overpack containers and packing materials will not be included in the total weight calculations for payment purposes.

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g. Small containers do not include wastes disposed under HINs in the 9001 through 9004 series.

1.2.10 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of pumping from an otherwise removable container(s) into a tank truck.

Containerized waste may be pumped into a tank truck (bulking) only at the locations listed herein:

Unit Identification/Building Size Not Permitted at any location

b. Consolidation is defined as any method that involves pouring, siphoning, pumping, draining, or packaging like wastes (liquids, multiphase, or solids) from one container to another. Wastes may be consolidated only at the locations listed herein:

Unit Identification/Building Size Not Permitted at any location

c. Bulking and consolidation will be allowed only if the contractor has a spill contingency plan and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise

1.2.11 RESERVED

1.2.12 RESERVED

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. In addition to the Federal manifest requirements for return of signed manifests to the generator, the contractor shall furnish a copy of each manifest, signed by the designated TSRDF, to the DLA Disposition Services Office, Guam coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSRDF within 30 days after the initial pickup date, the contractor shall notify the Office of the physical location of the waste. If applicable, the contractor shall provide the manifest with additional transporter signatures, as well.

b. If the contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest, the cognizant COR will be contacted for disposition instructions. Failure of any part of this clause will be marked in the Acceptable Performance Levels (APL).

2.0. DISPOSAL / RECYCLING

This subsection covers requirements for disposal/recycling of RCRA/Non-RCRA items in general, disposal of specialized commodities such as Compressed Gas Cylinders (CGCs) and Polychlorinated Biphenyls (PCBs), and recycling of various mandatory recyclable items.

2.1 RCRA/NON-RCRA ITEMS

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

a. Items identified under HINs 9100 through 9899 have been declared hazardous waste by the Government and are subject to stricter disposal requirements than HINs 9900 through 9999. Any items identified under HINs 9801 through 9899 are state regulated hazardous waste only and are not considered a RCRA waste.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a previously identified hazardous waste is not a RCRA/state regulated hazardous waste, the Government may so reclassify the item as non-hazardous waste. The Government will review the lab analysis and other supporting

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documentation in a reasonable time period, not to exceed 21 days; however, the items in question will be treated as a hazardous waste in the interim and removal timeframes must be met.

(2) For HINs 9100 through 9899 the following does not constitute final treatment/disposal for hazardous waste:

(i) Declaring RCRA/state regulated hazardous waste HINs as RCRA-exempt as a result of management practices specified in 40 CFR 266 and 279;

(ii) Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 et. seq. All facilities used for interim treatment, final treatment or final disposal of items on this contract must comply with 40 CFR 261, subparts C and D, for each waste the facility is permitted to handle. An audit trail must be provided for all RCRA/State regulated hazardous waste until treatment and/or processing renders the wastes non-RCRA or until final disposal is accomplished. Waste handling codes that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract.

b. Any items identified under HIN series 9800 are considered as either a RCRA Universal Waste (UW) or State Regulated UW. Universal Waste includes batteries, some pesticides, lamps, and mercury thermostats as defined under Part 273. It may also include state-designated universal wastes, such as electronic wastes. The Contractor will designate on the manifest in block J when UW is being transported. The regulations allow the generator to make the determination about whether to handle these specific wastes as UW or as hazardous waste under other parts of RCRA. The contractor will be advised on the TO if the wastes are to be handled as UW.

c. HINs 9900 through 9999 are waste not regulated by RCRA or GEPA as hazardous waste and will be subject to less stringent requirements than HINs 9100 through 9899.

(1) If the contractor demonstrates through lab analysis and/or other supporting documentation that a HIN(s) identified under HINs 9900 through 9999 is a RCRA/state regulated hazardous waste, the Government may reclassify the item under HINs 9100 through 9899. The contractor's claim that a HIN identified under HINs 9900 through 9999 is actually a hazardous waste, which should be identified under HINs 9100 through 9899, shall be treated as potential misidentification by the Government. The HIN(s) in question shall not be removed, treated or disposed of until the Government has made a determination on the matter. Reclassification of items from HINs 9100 through 9899 to HINs 9900 through 9999, or from HINs 9900 through 9999 to HINs 9100 through 9899 shall fall under the "Changes" clause of this contract.

(2) Final treatment means processing at a facility that is appropriately licensed/permitted by local and/or state agency to accept the material. If long-term internment is the selected method of disposal, as a minimum, an EPA/state permitted facility with a textile liner, leachate collection system, and ground water monitoring must be used. An audit trail must be provided for all non-RCRA/non-state regulated hazardous waste until final disposal is accomplished. RCRA treatments, Chemical Fixation (T21, H111) and Encapsulation (T39, H112), when performed on non-hazardous waste prior to landfill, are considered final processing/final disposal.

d. The following coverage applies when the contractor alleges that a waste designated for recycling cannot be recycled:

(1) If a waste designated for recycling by the generator does not meet the facilities required recycling parameters the contractor must notify the KO in writing at least five (5) business days before pickup of the rationale and proof for waste rejection. This must include written input from at least three appropriate recycling facilities approved on the DLA Disposition Services Qualified Facilities List at least one of which is not owned by the contractor.

(2) The KO will notify the COR and/or generator personnel to resolve requests to change the assigned mandatory recycling HIN to the appropriate disposal HIN. The final decision to change a mandatory recycling HIN to the applicable disposal HIN is solely that of the Government’s. If the COR and/or generator personnel agree with the HIN change the applicable disposal HIN will be assigned.

2.1.2 CERTIFICATES OF DISPOSAL / DESTRUCTION (CDs)

The contractor shall obtain and provide necessary documentation to prove that final disposal of HINs 9100 – 9899 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating

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activity identified on the manifest or shipping paper with a copy to the COR. CDs require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after disposal occurs.

2.1.3 DETAILED ANALYSIS

If the contractor must perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples.

2.1.4 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING /

RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

a. Contingent upon approval from DLA Disposition Services, the contractor may utilize a plan for fuels blending, antifreeze recycling, battery recycling/reclamation, and/or fluorescent light tubes and high intensity discharge lamps as a method to elevate the additional burden of providing documentation past the initial treatment facility. Contractors must submit a plan to DLA Disposition Services via the KO that includes, at a minimum, certification signed by a responsible official of the facility, which follows the specific guidelines set forth in paragraphs (1), (2), (3), and (4) below, additionally the facility and all subsequent facilities must appear on the “Qualified Facilities” list on our web site https://www.dispositionservices.dla.mil/newenv/documents/qualfac.pdf.

b. Upon Contracting Officer approval, the plan(s) will remain valid for the life of the contract, providing the facilities remain on the DLA Disposition Services Qualified Listing. DLA Disposition Services will certify acceptance of disposal services only after acceptance of the blender’s or recycler’s certification and manifested receipt by the fuels blending or recycler facility. Any inconsistency between this provision and section 2.1.1 shall be resolved by giving precedence to this provision.

c. The below guidelines must be followed for each commodity specific plan:

(1) Fuels Blending – Fuels blending does not apply to blending for destructive incineration. In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the fuel blending tank farm is sixty (60) days or less and guarantee that the fuel blended product will not remain in storage longer than the certified processing time, and

- Identifies by name, address and EPA ID number all facilities which may receive the fuel blended products for energy recovery,

- Identifies by name, address and EPA ID number all facilities which may receive the incidental solids, still bottoms, and/or sludges remaining after fuels blending which require destructive incineration per 40 CFR 264 and 265 subpart O.

(2) Antifreeze Recycling – In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Specifies maximum processing time that property would remain in the storage/consolidation facility is sixty (60) days or less and guarantee that the product will not remain in storage longer than the certified processing time. If time exceeds this value, the firm will provide detailed rationale to DLA Disposition Services, and

- Identifies by name, address and EPA ID number all facilities which may receive the fuel blended products for energy recovery, and

- Identifies by name, address and EPA ID number all facilities which may receive the incidental solids, still bottoms, and/or sludges remaining after distillation/recycling treatments which require disposal in a

RCRA TSRDF.

(3) Battery Recycling/Reclamation – In addition to the guidelines in paragraphs (a) and (b), the plan must certify the following:

- Describes the procedure for the disposition/sale of the RCRA recovered products (e.g., lead nickel, PAGE 15 OF 52 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

cadmium, zinc, and lithium), and

- Describes the treatment/disposition methods for liquids in wet-filled batteries, and

- Identifies by name, address and EPA Id number, and all facilities, which may receive the various components, and

- Guarantees the recovered product will not be shipped outside the United States, without prior authorization of the KO. If shipped outside the U.S., list all countries that may receive the recovered product. If the components are shipped outside the U.S., that a copy of the notification of intent to export and the EPA Acknowledgment of Consent will be provided with the certificate of recycling.

(4) Fluorescent Light Tubes and high-Intensity Discharge Lights – In addition to the guidelines in paragraphs

(a) and (b), the plan must certify the following:

- Specifies maximum processing and storage time that the items (mercury, phosphor powder) will be held until final recycling occurs. Name, address and EPA number of all such processing/storage facilities must be provided

- Identifies by name, address and EPA number all facilities, which will receive the mercury and phosphor powder for final recycling activities.

- Specifies that the items mentioned in the appropriate clause(s) will be processed as required and the names and addresses of the companies performing these activities will be provided.

- Firms that receive the glass and other non-regulated items do not need to be listed on the DLA Disposition Services Qualified TSRDF Listing.

d. Should a facility on a plan be removed from the DLA Disposition Services Qualified Listing, the plan will become invalid and no longer become available for use. Replacement facilities or new facilities should be submitted on a new plan and submitted for approval to DLA Disposition Services via the KO.

2.1.5 RESERVED

2.1.6 DISPOSAL FOR HIGH LEVEL MERCURY – HIN 6630MM

Hazardous wastes that exhibit the characteristic of toxicity for mercury (greater than 0.2 mg/L mercury after TCLP) and greater than, or equal to, 260 mg/kg shall be ordered with the unit of issue being pounds, in an equal number of pounds to that of the disposal HIN when the Government orders disposal of waste…