Statement of Work - PR 20139643.pdf

STATEMENT OF WORK

FOR

U.S. CUSTOMS AND BORDER

PROTECTION

REGULATED NON-HAZARDOUS WASTE

Prepared by: Jason N. Archilla

STATEMENT OF WORK FOR DISPOSAL OF REGULATED & NON-

HAZARDOUS WASTE

Objective

This document is design as a guide to prevent the entry into the United States of undesired plant and animal pests, diseases and for the appropriate disposal of regulated garbage. This requirement is being enforce in accordance with the provisions Title 7 CFR part 330.400 and Title 9 of CFR part 94.5.

Definitions

Regulated garbage - Is define under Title 7 CFR 330.400 –330.403 and Title 9 CFR

94.5. Definition includes all waste material derived in whole or in part from fruits, vegetables, meats, or other plant or animal material (including poultry), and other refuse of any character whatsoever that has been associated with any material.

For this compliance agreement, “regulated garbage” is waste that was on board, generated on board, or removed from, by any means of conveyance, during international or interstate movements. Regulated garbage includes food scraps, table or galley refused food, food wrappers or packaging materials and other waste materials from stores, food preparation areas, passengers (or crews) quarters, dining rooms or any other areas on means of the conveyance. Regulated garbage also applies to meals or other foods that were available for consumption by passengers/crew on an aircraft but not consumed.

Daily produced general garbage that is commingle with regulated garbage immediately becomes and is consider by regulatory definition as “regulated garbage”. For the purpose of this document regulated garbage will be mentioned herein after by the term “garbage”.

Specific Requirements

The Contractor shall provide all services, materials, supplies, supervision, labor, and equipment except that specified herein as Government-furnished, to perform the disposition/destruction of Regulated Waste by means of high temperature incineration and /or sterilization services. “Incineration” means: the use of controlled flame combustion to thermally break down solid and liquid combustibles wastes, producing residues that contain little or no combustible materials.

Any plastic bags used in the transportation or storage of regulated garbage must be at least four (4) mils (0.004-inch) thick.

A receipt may be utilized to validate that the Regulated Garbage was delivered and must indicate which approved Incinerator/Sterilizer received the Regulated Garbage.

Any person who knowingly violates the Plant Protection Act (PPA) (7U.S.C. §§ 7701 et.

seq.) and/or the Animal Health Protection Act (AHPA) (7 U.S.C. §§ 8301 et. seq.) may be criminally prosecuted and found guilty of a misdemeanor which can result in penalties, a one-year prison term, or both. Additionally, any person violating the PPA and/or the AHPA may be assessed civil penalties of up to $250,000 per violation or twice the gross gain or gross loss for any violation that results in the person deriving pecuniary gain or causing pecuniary loss to another, whichever is greater.

The establishment under this Compliance Agreement shall immediately notify the local DHS, CBP office at 787-729-6999 of any management changes which may void this Compliance Agreement.

Regulated Garbage Handling, Transportation, and Storage Procedures

A. The cartage firm must place its garbage into individual, small containers. The containers must be both leak-proof and securely closed. These individual containers must then be put into a shipping or handling container that is also leak-proof. The garbage must be inaccessible to birds, rodents, and other vermin.

B. The garbage must be clearly indicated so that it can be identified as regulated garbage.

The following are considered as appropriate indicators:

i. Garbage bagged in specific unique color (green) bags.

ii. Shipping or handling containers permanently marked with conspicuous, 2 to 4 inches high lettering that reads “REGULATED GARBAGE”

iii. Containers tagged with at least a 3 x 5 inches tag that is printed with 1-inch high lettering that reads “REGULATED GARBAGE”

C. The handling containers must be put into an enclosed, rigid, leak-proof vehicle. A vehicle with a canvas top or tarp covering is unacceptable. Since the vehicle will move through rural areas, it must be capable of being secured by a seal, lock, or similar device.

Vehicles used to transport, or store regulated garbage shall be lettered with the words “REGULATED GARBAGE” or a similar phrase in English and any other appropriate language. Lettering shall be at least four (4) inches high.

D. The cartage firm manipulates, handles, or stores regulated garbage in a manner approved by the local CBP office and in a designated area before transporting it for disposal as outlined on Compliance Agreement # (CBPA/VMO certification/approval #)

E. Containers used for regulated garbage shall not be used for domestic garbage, nor shall containers used for domestic garbage be used for regulated garbage. The transport vehicle used for a purpose other than hauling foreign garbage must have markings obliterated and be disinfected with APHIS-approved disinfectant under CBP supervision prior to such use.

F. All regulated garbage must be kept separate from domestic garbage unless all garbage is treated as regulated. The cartage firm must have previously arranged for immediate, priority incineration or sterilization at destination, unless otherwise approved by the local

APHIS AQI VMO.

G. Garbage will be processed at (check appropriate box): (must be Under CBP/USDA Compliance) ❐ Sterilizer located at Provided by the contracted vendor.

(Name, Address, Phone number) ❐ Incinerator located at Provided by the contracted vendor.

(Name, Address, Phone number) ❐ non-pressurized water cooker located at Provided by the contracted vendor.

(Name, Address, Phone number)

H. The cartage firm will be responsible for all foreign food waste and other regulated garbage in its possession and will not allow its unauthorized diversion, removal, use, or consumption.

I. The vehicle transporting the garbage should take a direct or expedient route. The closest available approved incinerator or cooker sterilizer should be used unless otherwise approved by CBP/APHIS.

The allowed route is as follows: CBPA/VMO certification/approval # (Referenced Compliance Agreement)

Any deviation from this route must have prior approval from CBP in writing. Please contact the CBP office at: San Juan (787) 253-4510/4505/4621/4622, Fajardo (787) 863- 3250, Mayaguez (787) 831-3368/69/70, Aguadilla (787) 882-3556 and Ponce (787) 841- 3130/3154/3104.

J. To facilitate monitoring, the cartage firm must:

i. Notify the local CBP office at the corresponding CBP facility of the anticipated time of regulated garbage pick up, approximate volume/weight or quantity of garbage, and location (i.e., pier, ship name, yard, airport, etc.) at least __4___ hours prior to the scheduled pick up.

ii. Provide records that include the origin, approved carrier name, date, time, number of units (bags, bins, containers) and quantity of garbage (weight) transported and disposed of, and the name of the vehicle’s driver. The records must be retained for a minimum of one (1) year from the end of the month in which the transport occurred.

iii. Assure that these records can be used to validate the inventory control system at the point of origin.

K. To store regulated garbage, the following conditions must be met:

i. Material to be stored must be adequately containerized and marked (per Section 2. B.). Storage of regulated garbage must not exceed 72 hours without prior approval from the APHIS Administrator.

ii. Storage of regulated garbage in plastic bags must be inside a closed building if outside storage, garbage must be in sealed, plastic bags in a container with a tight-fitting lid.

iii. Container, room, or other confined area where the regulated material is to be stored must be leak-proof and capable of being locked. The material must be inaccessible to birds, rodents, and other vermin.

iv. Regulated garbage must not be stored for longer than 72 hours without prior approval from the APHIS Administrator.

v. The management of the cartage firm must maintain logs or records of regulated garbage that is stored (see J. ii.).

These records must be kept for a minimum of one (1) year from the end of the month that the storage began.

L. The dock area and the area around storage facility, compactors, and/or dumpsters shall be always kept clean and free of loose garbage. Compactor and dumpster leakage shall be contained in a manner acceptable to CBP/APHIS as indicated here:

_______CBPA/VMOcertification/approval#) ______________________

M. The cartage firm must conspicuously post regulated, garbage-handling procedures in the work area or another area to which all employees handling regulated garbage have access. The procedures must be in English and other appropriate languages.

Spills and Disinfection

A. The cartage firm must provide personnel, equipment, and disinfectant to control the regulated materials in the event of a spill or other emergency. There must be an adequate supply of APHIS-approved disinfectant on each vehicle to clean up and disinfect spills. A log or record book containing information on the amounts and concentrations of disinfectants used will be provided to fulfill EPA reporting requirements.

Reporting requirements include:

i. The number of disinfection treatments performed (including by designation -routine surface disinfections and cleaning of spills).

ii. If applicable, the number of pounds of sodium carbonate used (with or without sodium silicate).

iii. If applicable, the concentration of bleach (stated as a percentage) and the number of gallons of concentration of bleach used.

iv. Location of spills.

The record or logbook should be kept for three years from the date of the spill.

Information on the amounts and concentrations of disinfectants used during a specified reporting period must be provided to CBP/APHIS upon request.

B. If spillage occurs during the cartage process, CBP must be notified immediately. The firm must contact either the CBP office at point of origin (787) 253-510/4505/4621/4622 or Pan American Port Pier 2 (787) 729-6600, Fajardo (787)863-3250, Mayaguez (787) 831-3368/69/70, Aguadilla (787) 882-3556 and Ponce (787) 841-3130/3154/3104, whichever is most convenient.

C. APHIS-approved disinfectant is not to be used in enclosed food handling areas. Only EPA-approved sanitizers should be used in food handling areas. Records of these instances will also be maintained.

Backup System

In the event that the cartage firm is unable to pick up or transport regulated garbage, the local CBP office must be notified immediately at (787) 253-4510/4505/4621/4622 or Fajardo (787)863-3250, Mayaguez (787)831-3368/69/70, Aguadilla (787)882-3556 and Ponce (787) 841-3130/3154/3104, whichever is most convenient. After notifying CBP and after receiving CBP approval, the cartage firm will initiate CBP approved contingency plans stated on Compliance Agreement # (CBPA/VMO certification/approval #)

Training

A. The company shall present a training program to employees before they are permitted to handle or supervise the handling of regulated garbage. This training program should be of sufficient duration to adequately provide the required information. All previously trained employees shall be provided review training annually (this training may be given in more than one session).

B. The training package must be approved by the local CBP Port Director or his/her designee, and may include both formal classroom training and on-the-job training, as follows:

i. Definition of regulated garbage.

ii. Explanation and purpose of the regulations.

iii. Inclusion of film, slides, or other training aids on foreign animal and plant diseases and pests. ;

iv. Specific outline—by demonstration, illustration, or picture—of proper regulated garbage handling procedures for the facility and step-by-step procedures from stripping of aircraft to disposal. A written, step-by-step protocol for reporting and handling emergency spills, maintaining control of regulated materials, and the cleaning and disinfecting of affected areas and equipment must be available for CBP/APHIS review.

v. This compliance agreement.

vi. Presentation in English and other appropriate languages.

C. The records must be retained for a minimum of one (1) year from the end of the month in which the training occurred.

Standards The waste incinerator facility must follow regulations and permits issued by the Environmental Protection Agency (EPA) and the Puerto Rico environmental regulatory agency (Junta Calidad Ambiental). In addition, the facility must follow all local zoning, land use and other applicable local ordinances.

USDA, APHIS, PPQ - United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine which provides oversight for agricultural issues, known hereafter as APHIS. Veterinary Regulatory Support (VRS) is the section of PPQ charged with oversight of regulated garbage.

The incineration/sterilization facility requires the approval and certification (Compliance) of the U.S. Department of Agriculture (USDA) and/or the U S Customs and Border Protection (CBP).

Project Personnel (which include Contractor’s employees, subcontracted employees, and other individuals performing work under the contract) shall obtain and maintain in good standing all certifications and licenses necessary or appropriate to perform the tasks contained in this SOW.

Examples of certifications include, but are not limited to:

• The appropriate Commercial Driver’s License

• State-mandated Hazardous Materials (HAZMAT) Handling and/or Storage Certificates

• Forklift and other Material handling Equipment Safety Training Certificates.

Proof of certification through a Government-approved source of training shall be presented to the CO (Compliance Officer) or designated representative prior to commencement or use of such Project Personnel under contract. The Contractor shall ensure that all safety regulations, training requirements, and certification requirements have been met by the Project Personnel and documented prior to being assigned work to perform task under the contract.

The Contractor shall maintain the certifications, licenses, renewal training, and qualifications of all project personnel throughout each performance period ensuring all project personnel always remains certified, licensed, trained, and qualified for the work they perform under this SOW.

Disposal of all ash generated by the incineration activities shall be managed in accordance with standards set by EPA and other local regulatory agencies.

The establishment must retain the appropriate records for one (1) year from the date of transportation. The records must contain the following information: date, conveyance numbers, time, type of units (bags, carts, containers, etc.), number of units, and quantity (weight) of garbage. The establishment must assure that these records are fully traceable and can be used to validate the inventory control system at the point of destination.

The establishment must immediately notify the local CBP/APHIS at the following phone number 787-253-4510/4505 of any spillage. Cleaning and disinfection must be accomplished immediately. APHIS-approved disinfectant must be kept at the establishment readily available to treat any garbage spills and for routine surface disinfections. Routing cleaning must be performed in areas around the facilities and the storage sheds, as well as in the sheds and all authorized transport vehicles.

APHIS-approved disinfectant must be used after thorough pickup and cleaning.

The establishment agrees to provide trained personnel, tools, and equipment for immediate clean up (see Addendum to Compliance Agreements)

Risk Management

The Contractor is responsible for detecting, identifying, and managing hazardous materials according to Federal, State, and local laws, codes, ordinances, and regulations applicable to environmental quality standards in each community where garbage is maintained or destroyed.

Equipment

The contractor will provide all necessary equipment deemed necessary for the handling and disposal of waste. It is the responsibility of the contractor to ensure that all equipment is certified by any required Federal, State or Local authorities, without incurring any additional cost to the government. The contractor will all ensure that all equipment is operational, and that all personnel handling said equipment is trained in the use of such equipment as necessary.

Vehicles or containers used in the transportation or storage of regulated garbage shall be clearly labeled with the words “REGULATED GARBAGE” or a similar acceptable phrase in English and its appropriate foreign language translation. Lettering shall be at least two (2) inches high on indoor containers and at least four (4) inches high on outdoor containers.

Any container used to store regulated garbage must be rigid and leak-proof. Containers must have tightly fitting covers. Containers shall be lettered with the words “REGULATED GARBAGE” Containers used for regulated garbage will not be used for domestic garbage, nor will containers used for domestic garbage be used for regulated garbage. Storage sheds used to store regulated garbage shall be lettered with the words “REGULATED GARBAGE” or a similar acceptable phrase in English and any appropriate foreign language. Lettering shall be at least two (2) inches high on indoor containers and at least four (4) inches high on outdoor containers. Storage sheds, rooms or other confined areas in the storage shed, where the regulated garbage is to be stored, must be capable of being locked.

If the regulated garbage transport vehicle is used for other purposes, the “REGULATED GARBAGE” markings must be removed, and the vehicle must be cleaned and disinfected before such use.

Specific Task and Schedule:

The establishment must maintain records of stored regulated garbage. These records must be maintained for a minimum of one (1) year from the end of the month the storage was initiated and include the following information: date of storage, number and weight of stored regulated garbage, and storage site location of regulated garbage.

Regulated garbage removed from the conveyance will be continually maintained in rigid, tight, covered, leak-proof receptacles until disposed of in an APHIS-approved manner.

Regulated garbage must be always maintained in enclosed receptacles leakage proof, without any exposed garbage or holes in the plastic bags until disposed of in an APHIS-approved manner.

Any plastic bag used in the transportation or storage of regulated garbage must be four

(4) Mil (0.004-inch) thick, and must be easily identifiable, by either tag labeled as “REGULATED GARBAGE” or by unique color (Provided by contracted Vendor).

Regulated garbage in plastic bags stored outside, must be maintained in a sealed, rigid container with a tight-fighting covered lid and must be properly identified as “regulated garbage” unless the garbage is separated by location.

Hauler or Cartage firm located at: (Provided by contracted Vendor).

The Contractor will provide the following tasks:

Task #1: Two (55 gal.) container to be located Luis Munoz Marin Airport. The garbage from this container must be emptied 3 (three) times a week, Monday/Wednesday/Friday prior 1500. These containers must be replaced with cleaned and disinfected containers each time the pick-up is performed.

Task #2: One (55 gal.) container by the Aguadilla Airport. The Garbage from this container will need to be emptied as needed, the CBPO on duty will contact the contractor within 24 hours to schedule the pick-up. This container must be replaced with a cleaned and disinfected container each time the pick-up is performed

Task #3: One (55 gal.) container to be located at the Pan American Pier 2 (West) Pier.

The garbage from this container must be emptied 3 (three) times a week, Monday/Wednesday/Friday prior 1500. These containers must be replaced with cleaned and disinfected containers each time the pick-up is performed.

Task #4: One (55 gal.) container to be located at the Mercedita Airport. The Garbage from this container will need to be emptied as needed, the CBPO on duty will contact the contractor within 24 hours to schedule the pick-up. This container must be replaced with a cleaned and disinfected container each time the pick-up is performed

Task #5: One (55 gal.) container to be located at the Aponte De La Torre Airport at Ceiba. The Garbage from this container will need to be emptied once a week, Wednesday prior 1400. This container must be replaced with a cleaned and disinfected container each time the pick-up is performed

Task#6: One (55 gal.) container to be located at the Isla Grande Airport. The Garbage from this container will need to be emptied as needed, the CBPO on duty will contact the contractor within 24 hours to schedule the pick-up. This container must be replaced with a cleaned and disinfected container each time the pick-up is performed

Task #7: One (55gal.) container to be located at the Luis Munoz Marin Airport Air Cargo. The garbage from this container must be emptied 3 (three) times a week, Monday/Wednesday/Friday prior 1500. These containers must be replaced with cleaned and disinfected containers each time the pick-up is performed.

Task#8: The Contractor shall provide waste pick up service in accordance with requirements stated in Task #1 thru Task #7, except federally recognized holidays. The contractor will pick up any items originally inside the container, which may have fallen out into the ground during the waste removal process. Pickup shall not be made later than 1500 pm.

Contact our POC if for unforeseen or emergency situations a scheduled pick up cannot be made. The company must make arrangements to ensure pick up is made within 24hrs.

Place of Performance:

1 The services must ensure and provide any authorizations required from Puerto

Rico to performed services at the following locations:

1. LUIS MUÑOZ MARIN AIRPORT:

AA Terminal C Carolina, Puerto Rico 00937 Ph: 787-253-4510

2. RAFAEL HERNANDEZ AIRPORT

Ramey Base Bromon Drive Hangar 405 Aguadilla, Puerto Rico 00604 Ph. 787- 882-3556

3. PAN AMERICAN PIER 2 (West)

Isla Grande San Juan, Puerto Rico 00901 Ph. 787-729-6600

4. MERCEDITA AIRPORT

Main Terminal Bldg.

CBP Office Ponce, Puerto Rico 00715 Ph. 787- 841-3130/3154/3104

5. APONTE DE LA TORRE AIRPORT

Main Terminal Building, CBP Office Antiguo Gate#1 Ceiba, PR 00735 Ph. 787-863-0950

6. FERNANDO RIBAS DOMINICCI AIRPORT

Isla Grande San Juan, Puerto Rico 00901 Ph. 787-289-7979/729-6600

7. LUIS MUÑOZ MARIN AIRPORT:

Air Cargo Jose Santana Ave.

Bldg. C-AF Carolina, PR 00979 Ph. 787- 253- 4126

Performance at government site

This Task Order shall be performed at specified Government facilities. The contractor shall abide by DHS Security Policy for Sensitive Systems (DH MD-4300A) and by Department of Homeland Security (DHS) policy regarding authorized entrance and exit at these facilities.

Submission of invoices

(a) Invoices shall be submitted in an original and (1) copy to:

(b) A duly completed invoice must include the following information:

(1) The contractor shall prepare and submit invoices to the designated billing office

(2) The following date shall be included in a contractor’s invoice for it to be considered a proper invoice.

• Name and address of the contractor.

• Invoice date and invoice number - The Contractor should date invoices as close as possible to the date of the mailing or transmission.

• Order Number.

• Invoice Billing Period.

• Description, price, and quantity of property and services delivered or rendered during the billing period specified in the invoice. The detail shall include the direct labor hours performed by each labor category, the applicable rate, and the extended totals. Labor charges are to be substantiated by individual daily job timecards or a record of time worked showing individuals used, hours worked, and amounts charged, with such records to be retained by the Contractor and made available for the Government's inspection. Any other costs of support provided, including materials, subcontracts, supplies and travel shall be shown separately and, in such detail, to indicate quantity provided; the applicable rate/multiplier and the extended totals.

• Name and address of contractor official to whom payment is to be sent (shall be the same as that in the contract or in a proper notice of assignment).

• Name (where practicable), title, phone number and mailing address of person to be notified, in the event of a defective invoice.

• Taxpayer Identification Number (TIN). The contractor shall include its TIN on the invoice only if required elsewhere in the order.

• The contractor shall submit correct electronic funds transfer (EFT) banking information in accordance with contract clause 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or applicable agency procedures.

• The documents furnishing the information required in this section must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and Order number.

• Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly.

• Any other substantiating documentation or information as required by the Purchase Order.

• CBP COR name.

• Contract Specialist’s name.

(3) If the invoice fails to comply with these requirements, the designated billing office herein specified, will return it as an improper invoice within seven (7) calendar days after receipt of the invoice at the designated billing office.