Statement of Work.docx

Orono Haz Waste BPA

STATEMENT OF WORK

Project Title.

Indefinite Delivery Indefinite Quantity (IDIQ) Contract for hazardous waste removal and disposal.

Project Objectives.

The purpose of this requirement is the segregation, classification, packaging, transportation, removal, treatment and disposal of Resource Conservation and Recovery Act (RCRA) regulated and non-RCRA regulated waste from the U.S. Department of Agriculture (USDA), Agricultural Research Service (ARS), New England Center for Sustained Soil and Water Health (NECSSWH) facility located at 8 Greenhouse Lane, University of Maine, Orono ME 04469. RCRA regulated or hazardous wastes requested for disposal at the facility include unusable laboratory research chemicals, discarded laboratory solutions and chemically contaminated dry wastes.

Scope of Work.

The Contractor will provide qualified personnel and all labor for the segregation, classification, and packaging of hazardous waste in accordance with all U.S. Department of Transportation (DOT), Environmental Protection Agency (EPA) and State regulations. All work will be performed at the facility address during normal business hours. It is anticipated that all work can be completed within one working day. The Contractor will provide all equipment and materials to fulfill the project objective and is responsible for proper packaging of chemical waste for shipment, which includes drums, packing media, DOT, EPA labels, manifests and associated regulatory paperwork, and personal protective equipment. The Contractor will provide transportation of all packaged waste by a fully licensed and insured waste transporter from the facility to the end disposal site(s). The Contractor will provide proper treatment and disposal of all wastes at an authorized disposal facility.

Detailed Technical Requirements (Contractor Requirements).

The Contractor, as an independent contractor and not an agent of the USDA Orono facility, shall supply the necessary personnel, material, and all other items necessary for or incidental to completing the Scope of Work outlined above. The Contractor shall provide all services necessary for the final treatment/disposal of the hazardous wastes in accordance with all local, state, and federal laws, and regulations and the terms and conditions of this contract. The Contractor shall provide the names of final treatment disposal facilities as part of the bid submittal. These facilities shall be in good standing with state and federal regulators and shall have no Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or RCRA actions against them.

The Contractor shall provide copies of the Treatment, Storage, or Disposal Facilities’ (TSDFs') and Transporters' last three State and Federal regulatory audits, or the most recent inspections, in an effort to demonstrate good standing.

All work performed by the Contractor shall comply with all current applicable Federal, state, and local laws and regulations, including, but not limited to, those promulgated under RCRA, the Toxic Substances Control Act (TSCA), the Occupational Safety and Health Act (OSHA), the Hazardous Materials Transportation Act (HMTA), and applicable DOT regulations.

The USDA-ARS-NECSSWH facility affirms that all hazardous property placed for disposal under this contract will be accompanied by documentation and markings to properly identify the waste if available. The exception may be in the case of waste generated from broken or leaking containers or unidentified containers where it may be necessary to determine whether such wastes and cleanup materials exhibit the characteristics of hazardous wastes as defined by Federal or state regulations. In these instances, the Contractor will provide for any additional testing and/or analysis required for characterization, transportation, treatment, recycling, or disposal of the hazardous or toxic waste.

The USDA-ARS-NECSSWH facility 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 that any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

The USDA-ARS-NECSSWH requires that all waste materials shall be removed and treated as regulated by the EPA in vehicles permitted and placarded to haul Biological/Infectious Waste. The Contractor shall prepare and use applicable profiles, manifest, package labeling, and truck placarding for the waste retrieved.

The Contractor shall furnish all supplies and provide rigid reusable containers and liners that meet all applicable Federal, State, and local regulations for transfer and removal of Biological/Infectious and Medical Waste, 6.2, UN3291, Unspecified. All supplies will be included in the price including one liner per rigid container.

The Contractor shall supply rigid reusable biological sharps container, if applicable, that meet all applicable Federal, State, and local regulations for transfer and removal of Biological/Infectious and Medical Waste, 6.2, UN3291, Unspecified. All supplies will be included in the price, including one liner if applicable. A small biological sharps container, if applicable, shall be provided with approximately 1 gallon capacity.

The Contractor shall be responsible for pickup of filled biological wastes sharps containers. Removal, treatment, and final disposal must be performed in accordance with applicable Federal, State, and local regulations.

One pickup per year is expected, but there is a possibility for two pickups required a year depending on current government needs. At times, the USDA-ARS-NECSSWH may require more than one pickup per year. Estimated weight to be removed per pickup is approximately 150 lbs. /6 months but may approach 250 lbs./6 months.

Mandatory Recycling ARS is implementing an affirmative program to promote cost-effective waste reduction and recycling of materials generated in its operations and facilities. Recycling and reuse of materials is preferable to incineration and/or land filling.

Department of Transportation Requirements The Contractor shall comply with, and ensure that all applicable subcontractors comply with, all requirements of DOT regulations, 49 Code of Federal Regulations (CFR) Parts 100-199, regarding waste transportation under this contract. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day in order to provide immediate, detailed emergency information to personnel reacting to emergencies. Technical names will be included in the descriptions of materials reflected on shipping papers by "not otherwise specified" (n.o.s.) descriptions. Definitions of the terms used in this clause are those used in 49 CFR 100-199. Contractors must ensure that off-site shipments of hazardous waste are labeled, marked, and placarded according to the DOT requirements. The Contractor remains responsible for proper management of waste even after it leaves ARS Property. This includes responsibility for any spill while in transit.

The Contractor shall obtain all state hauling permit numbers where appropriate. The applicable state hauling permit numbers must be provided for the state(s) where the pick-up sites are located, the state(s) where the interim storage facilities are located as listed in their TSDF plan and the state(s) where the disposal facilities are located as listed in the TSDF plan. The transporters approved for use under this contract are the only approved subjects to provide all services being performed in accordance with all federal, state, and local laws and regulations and the transporter's permit.

Spill Responsibility The Contractor shall be solely responsible for any and all spills or leaks and subsequent clean ups that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to remediate such spills or leaks to the satisfaction of ARS and in a manner that complies with applicable Federal, state, and local laws and regulations. The remediation shall be at no cost to ARS. The Contractor shall report all such spills or leaks, regardless of their quantity, to the USDA-ARS-NECSSWH Orono facility immediately. A written follow-up report shall be submitted to the USDA-ARS-NECSSWH Orono facility no 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 the item spilled (including identity, quantity, manifest no., etc.).

2. Whether the amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

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, state officials, or ARS officials.

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

Safety The Contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, Contractor's personnel and equipment shall comply with applicable state, Federal, and local laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel 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 the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste. The Contractor agrees that his personnel and equipment are subject to safety inspections by ARS personnel and state authorities while on ARS property. The Contractor shall provide an Emergency Response plan which outlines how the contractor will meet the 24 hour/7 days per week response requirement of DOT. The plan is to include notification procedures. The Contractor shall provide a Safety and Health Plan which includes policies for conducting routine and emergency tasks at an off- site facility such as USDA-ARS- NECSSWH Orono facility.

Training Documentation on the Contractor's training program sufficient to demonstrate compliance with OSHA, RCRA, TSCA, DOT and state requirements relative to hazardous or toxic property handling must be provided. Provide proof that initial and refresher training is being accomplished for key individuals, including those persons who will be performing the on-site field work. Provide the credentials of the training agent. Training must include both the initial 24-hour and the 8-hour refresher courses on hazardous property handling (Hazardous Waste Operations (HAZWOPER)), safety, manifesting, and the hazardous communications course. Contractors must provide documentation verifying that the following training requirements have been successfully met:

Training course listing must cross-reference which RCRA/OSHA/DOT requirements they meet. Acceptable evidence of training includes one or more of the following documents: certificate of training, class rosters, transcripts, or class schedule.

Permits The Contractor shall, without additional expense to the USDA-ARS-NECSSWH Orono facility, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring that USDA-ARS-NECSSWH facility hazardous or toxic wastes are sent to licensed, permitted, and approved disposal sites in good standing.

Segregation of Hazardous Waste All items collected on this contract must be segregated and kept physically separate from other nonhazardous materials until the initial TSDF is reached. The items must be so marked that they are readily identified to this contract throughout this period.

Packaging, Marking and Labeling The Contractor shall coordinate the profiling of all drum and bulk waste streams. The Contractor shall package, mark, label and placard all items in such a manner that all applicable federal, state, and local EPA and DOT regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be in accordance with 49 CFR and 40 CFR. If items must be packaged for proper shipment, the contractor shall perform such repackaging and furnish all required materials. When repackaging is necessary, the Contractor shall be responsible for disposal of the original container. The Contractor shall ensure that placarding is completed in a manner that complies with all applicable federal and state regulations including EPA and DOT. The Contractor shall also provide and affix appropriate placards to each vehicle prior to leaving the USDA-ARS-NECSSWH Orono facility premises and ensure that all other DOT transporter requirements are met.

If the Contractor elects to pack compatible items in the same container (lab pack), then the Contractor shall provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed on the outside of the outermost container. A copy of the packing list must be attached to the manifest. The Contractor will furnish all overpack containers and these materials will not be included in the total weight calculations.

Statement on Containers USDA-ARS-NECSSWH facility does not warrant that the drums or containers that waste is stored in are suitable for transportation in accordance with DOT regulations. The Contractor will ascertain and assess the need for overpacking or re-containerizing of wastes during the segregation and classification process at the facility.

Treatment of Hazardous Waste on USDA Orono facility property Treatment of hazardous waste (including solidification) on USDA-ARS- NECSSWH Orono facility property is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable federal, state, and local laws and regulations.

Definition of Final Treatment/Disposal For purposes of this contract, final treatment/disposal means either: treatment so that such wastes no longer meet the definition of a hazardous waste as defined in 40 CFR 261; or treatment of a waste by a RCRA handling method specified in 40 CFR Parts 264/265 Appendix 1, Table 2, Paragraph 2. Waste handling costs that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract. Interim treatment of the waste such that the waste still meets the definition of hazardous waste as defined in 40 CFR 261 does not meet the definition of final treatment under this contract. Final disposal means disposal of a waste by a RCRA handling method specified in 40 CFR, parts 264/265, Appendix 1, Table 2, Paragraph 3. All facilities used for interim treatment, final treatment, or final disposal of items on this contract shall have as a minimum, an EPA/state approved interim status permit showing EPA hazardous waste numbers described in 40 CFR 261, subparts c and d, for each waste the facility is permitted to handle. Mere acceptance of the hazardous waste at a properly permitted TSDF does not meet the definition of final treatment nor final disposal under this contract. It shall be the Contractor's responsibility to obtain all necessary documentation to prove that the final treatment or final disposal of all items has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

Manifesting and Shipping Documents A uniform hazardous waste manifest is required for the removal of all hazardous or toxic items from USDA-ARS-NECSSWH Orono facility property. The Contractor shall prepare and review all manifests for completeness and accuracy prior to removal of any hazardous or toxic wastes from property. The Contractor shall provide the USDA-ARS-NECSSWH facility with a copy of the manifest(s), land disposal restriction notification forms, container packing lists, and any other shipping documents for review by the appropriate ARS official prior to waste removal from the facility. The manifests will be reviewed and signed by the appropriate ARS official. Completed copies of all manifests and job worksheets shall be furnished to the USDA-ARS-NECSSWH Orono facility, as well as submitted as attachments to all invoices. Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by the State and federal regulations. Each manifest, as well as other documentation required herein shall be clearly and distinctly marked with the contract number. If a space on the form is not provided, the purchase order information shall be placed in the upper right-hand corner of each document.

The Contractor is required to provide the USDA-ARS-NECSSWH Orono facility with two (2) copies of any manifest which documents the movement of the waste after it has departed ARS property within 30 calendar days after acceptance at the receiving facility. For example, if waste is shipped from the accumulation site to a facility for storage or treatment, which does not meet the definition of final disposal, then a manifest detailing the acceptance of the waste into the additional facility must be provided within the prescribed timeframe.

Reports The Contractor shall prepare a Certificate of Disposal. This certificate shall be submitted prior to the invoice submittals. Any discrepancies between the contract inventory and what was actually picked up or disposed of shall be thoroughly described and documented.

Certificate of Recycling The Contractor shall prepare a Certificate of Recycling for any waste that is recycled. One copy of each certification of recycling signed by a responsible company official will be provided to the appropriate USDA-ARS-NECSSWH Orono facility officials. This certificate shall be submitted prior to the invoice submittals. dis

Estimated Period of Performance