Statement of Work.pdf

STATEMENT OF WORK

HAZARDOUS WASTE DISPOSAL CONTRACT

NATIONAL CENTER FOR AGRICULTURAL UTILIZATION RESEARCH

1.0 Background

1.1 The United States Department of Agriculture, Agricultural Research Service, National Center for Agricultural Utilization Research (NCAUR), located at 1815 N. University Street, Peoria, Illinois (henceforth known as the Government), has a staff of approximately 200 individuals that perform a myriad of laboratory research activities. Performance of these activities results in the generation of varying quantities of diversified hazardous and toxic wastes (such as dry and liquid materials in lab packs; and drums of liquid waste). The Government is currently a Small Quantity Generator (SQG), however due to the nature of work performed and the types of waste generated, has the potential to become a Large Quantity Generator (LQG).

2.0 Requirements

2.1 General Requirements

2.1.1 The Contractor shall provide the Government with all necessary labor, supervision, sorting, materials, packing materials, supplies, placards, labels, containers, safety gear and equipment, transportation vehicles, license and special permits required for pickup, transportation, storage, and disposal of hazardous chemical compounds within applicable regulatory framework. All supplies and services placed on a task order under this contract will be identified via the ordered Contract Line Item Number (CLIN) as described in the attached Scope of Contract Hazardous Waste (SOC HW) Price Schedule list.

2.1.2 The Government will perform most of the bulking, consolidating, and packaging, but would occasionally have the need for assistance as described in CLIN 0001. The Government may elect to purchase containers and supplies directly from the Contractor (CLINs 0002-0005) for these activities or utilize third-party vendors to acquire these items.

2.1.3 Pickups will be made during normal business hours (8:00 to 4:30 P.M.) Monday through Friday, excluding Federal holidays.

2.1.4 The Contractor, as an independent contractor and not an agent of the Government, shall provide, on an as required basis, the necessary personnel and labor, materials, compilation and submission of all required documentation, and all other things necessary for, or incident to, the performance of the assigned task.

2.1.5 All work performed by the contractor shall comply with all applicable Federal, State and local laws and regulations, including, but not limited to, those promulgated under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Hazardous Materials Transportation Act, and applicable Department of Transportation regulations. Regulations that supersede those cited in this document shall be adopted as part of this contract.

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2.1.6 The Government affirms that all hazardous property placed for disposal on task orders issued 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 wastes 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 otherwise regulated waste. All task order weights are estimated amounts. The Contractor can expect that the task order weights will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

2.2 Specific requirements

2.2.1 The Contractor will provide all services necessary for the final treatment/disposal of the hazardous wastes listed in the schedule in accordance with all local, state, and federal laws, and regulations, and the terms and conditions of this contract.

2.2.1.1 The Contractor shall submit copies of all permits and licenses to the government Contracting Officer Representative within ten (10) working days of a change in status.

2.2.2 Mandatory recycling

2.2.2.1 The Government has implemented 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. Thus, the contractor will have recoverable materials recycled when possible.

Recyclable Materials May Include, but Not Limited To the following groups described in CLINs 0038-0044:

1. Spent solvents

2. Antifreeze

3. Paints

4. Used oil or used oil contaminated with gasoline, water, dirt, etc.

5. Lamps

6. Mercury

2.2.3 Department of Transportation Requirements

2.2.3.1 The Contractor shall perform all operations in accordance with current public laws and occupational health, safety, and environmental protection regulations applicable to the

P a g e 3 | 8 management of all regulated and non-regulated waste chemicals, chemically contaminated equipment, and samples submitted for laboratory analysis.

2.2.3.2 All Contractor operations shall comply with, and ensure that all applicable subcontractors comply with, applicable Federal, State/Commonwealth and local regulations and/or all changes in these regulations and/or permit conditions that govern the handling, packing, transportation (DOT Hazardous Material Regulations 49 CFR 100-199), treatment and disposal of all regulated and non-regulated chemicals and wastes, chemically contaminated equipment, and samples for laboratory analysis. 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.

2.2.3.3 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" (NOS) descriptions. Definitions of the terms used in this clause are those used in 49 CFR 100-199.

2.2.3.4 Contractors must ensure that off-site shipments of hazardous waste are labeled, marked, and placarded according to the U.S. DOT requirements. The Contractor remains responsible for proper management of waste even after it leaves the Government Property. This includes responsibility for any spill while in transit.

2.2.3.5 The Contractor shall obtain and provide 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.

2.2.4 The transporters approved for use under this contract are only approved subject to all services being performed in accordance with all federal, state, and local laws and regulations and the transporter's permit.

2.2.5 Spill Responsibility

2.2.5.1 The Contractor is 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 clean up such spills or leaks to the satisfaction of the Government and in a manner that complies with applicable Federal, state, and local laws and regulations. The clean-up shall be at no cost to the Government.

2.2.5.2 The Contractor shall report all such spills or leaks, regardless of their quantity, to the Government. A written follow-up report shall be submitted to the Government no later than

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TWENTY-FOUR (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 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 that the Contractor has with the Government, press, and local, state, and federal officials.

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

2.2.6 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 including but not limited to 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 their personnel and equipment are subject to safety inspections by Government Personnel and state authorities while on Government property.

2.2.7 Permits

2.2.7.1 The Contractor shall, without additional expense to the Government, 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 hazardous or otherwise regulated wastes originating from the Government are sent to licensed, permitted, and approved disposal sites.

2.2.7.2 The Contractor will allow access for the Government’s authorized employees and/or representatives to perform site visits at any facility the Contractor utilizes for recycling, storage, treatment, or disposal of the Government generated waste.

2.2.8 Definition of Final Treatment/Disposal

2.2.8.1 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

P a g e 5 | 8 such that the waste still meets the definition of a 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.

2.2.8.2 Mere acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal facility (TSDF) does not meet the definition of final treatment nor final disposal under this contract. It is the contractor's responsibility to obtain all necessary documentation to prove that the final treatment or final disposal of all items (as defined in 2.2.8.1 above) has been accomplished. The contractor shall ensure any is submitted with, or prior to, the invoices to the government representative.

2.2.9 Typical Hazardous and Toxic Wastes

Below is a list of hazardous or otherwise regulated wastes that might typically be generated by the Government a result of laboratory research, vehicle maintenance and equipment repair operations, boiler house operations, and farming activities. They are described in CLINs 0006- 0045:

1. Corrosive acids, inorganic other than hydrofluoric and nitric acids, liquid

2. Corrosive acids, hydrofluoric or nitric

3. Corrosive organic acids or bases, liquids/sludge/solids/debris

4. Corrosive inorganic acids or bases, non-flammable

5. Flammable liquids/solids/sludges/debris

6. Flammable corrosive liquids/solids/sludges/debris/aerosols

7. Flammable liquids, pumpable, non-chlorinated

8. Flammable liquids, pumpable, chlorinated

9. Water contaminated with solvents, pumpable

10. Lab-packs, corrosives, organic or inorganic, liquids or solids.

11. Lab-packs, flammables other than paints

12. Lab-packs, non-RCRA, state and non-state regulated, other than paints

13. Lab-packs, non-reactive oxidizers

14. Lab-packs, reactive oxidizers including organic peroxides

15. Lab-packs, reactive metals

16. Lab-packs, non-metals, non-oxidizing

17. Lab-packs, toxic metals

18. Lab-packs, toxic organics

19. Lab-packs, acutely hazardous, P-listed, toxic

20. Lab-packs, U-listed, toxic

21. Non-RCRA solids

22. Non-RCRA solids with asbestos

23. Non-RCRA liquids, pumpable, aqueous

24. RCRA-empty containers

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25. Lamps

26. Mercury, devices, debris and residues

27. Pesticides

28. Compressed gas cylinders

2.2.10 Manifesting and Shipping Documents

2.2.10.1 A uniform hazardous waste manifest is required for the removal from Government property of all hazardous or otherwise regulated items. The Contractor shall obtain and review all manifests for completeness and accuracy prior to removal of any hazardous or otherwise regulated wastes from Government property. The Contractor shall provide the Government with a copy of the manifest(s), land disposal restriction notification(s), and any other shipping documents for review by the appropriate Government official at least FIVE (5) days prior to removal, whenever possible. The pickup manifests will be reviewed and signed by the appropriate Government official. Completed copies of all manifests shall be furnished to the Government, 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 EPA regulations.

2.2.10.2 The contractor is required to provide the Government with two (2) copies of any manifest which documents the movement of the waste after it has departed the Government property within THIRTY (30) calendar days after acceptance at the accepting 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.

2.2.10.3 Each manifest, as well as other documentation required herein, shall be clearly and distinctly marked with the contract number and task order number as applicable. If blocks are not provided, the contract and task order information shall be placed in the upper right-hand corner of each document.

2.2.11 Segregation of Hazardous Waste

All items collected on this contract must be segregated and kept physically separate from any other items until the initial treatment, storage disposal facility (TSDF) 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.

2.2.12 Statement on Containers

The Government does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations. The Contractor is cautioned to ascertain and assess the need for over-packing or repackaging based on the site visit.

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2.2.13 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 that any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. However, when available, operable, and authorized by the Government, Government scales may be used in the performance of this contract.

2.2.14 Treatment of Hazardous Waste on Government Property

The treatment of hazardous waste (including solidification) on Government property is not permitted. Treatment is defined as any process that meets the definition of treatment as identified in 40 CFR 260.10.

2.2.15 Reports

2.2.15.1 A pickup report shall be completed by the Contractor at the time of each pickup and shall accompany each shipment. Completed copies are to be furnished to the Government. All waste picked up shall be listed on the appropriate forms and reference the contract line item number of this contract.

2.2.15.2 Return of Shipping Documentation. Federal manifest requirements specify TSDF signed manifests shall be returned to the Generator within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDF within 30 days after the initial pickup date, the Contractor shall notify the Government of the physical location of the waste. If applicable, the Contractor shall also provide the manifest with additional transporter signatures.

2.2.15.3 Certificate of Recycling. The Contractor shall prepare a Certificate of Recycling for any waste that is recycled. This certificate is to be submitted prior to the invoices. One copy of each certification of recycling signed by a responsible company official for property removed will be provided to the appropriate Government officials.

2.2.15.4 Exception Reports. If any action in the handling of this waste results in the Contractor filing an exception report to the EPA Regional Administrator, the Contractor shall furnish a copy of that report to the Government at the same time.

2.2.16 Reuse of empty containers

2.2.16.1 Prior to reuse or sale of empty containers, the Contractor shall:

• Comply with the cleaning requirements of 40 CFR 261.7.

• Obliterate all markings and labels.

2.2.16.2 The contractor shall be exempt from this requirement only if the containers are crushed and sent to a scrap operation, crushed and sent to a landfill, or the containers are physically disposed of concurrently with their contents (i.e., incineration/landfill).

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2.2.17 Packaging, Marking and Labeling

2.2.17.1 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, labelling 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 and placarding in a manner that complies with all applicable federal, state, and local EPA and DOT regulations. The Contractor shall also provide and affix appropriate placards to each vehicle prior to leaving Government premises and ensure that all other DOT transporter requirements are met.

2.2.17.2 If the Contractor elects to package compatible items in the same container, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outer most container. A copy of the packing list must be attached to the manifest. Contractor furnished overpack containers and materials will not be included in the total weight calculations.

2.2.18 Training

2.2.18.1 The Offeror shall provide documentation on their training program sufficient to demonstrate compliance with OSHA, RCRA, TSCA, DOT and/or state requirements applicable relative to hazardous or otherwise regulated waste handling. 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; and provide the credentials of the training agent.

2.2.18.2 Acceptable evidence of training includes one or more of the following documents:

certificate of training, class rosters, transcripts or class schedule. Offerors must provide this documentation for any proposed subcontractor that will sample or remove hazardous waste.

2.2.18.3 Offerors will provide evidence of expertise in general pollution prevention principles, as well as a description of how such principles can/will be applied during contract execution.

2.3 Additional requirements

2.3.1 The Contractor may be requested to provide services necessary to handle a planned or unplanned episodic generation event under Government Small Quantity Generator (SQG) status in accordance with Federal, State and local laws and regulations.