Attachment 001 Performance Work Statement (PWS) dated 6 MAY 2026.docx

6 May 2026

The Department of War Radioactive Waste Program Basic Ordering Agreement (BOA) An Issuance of the DoW Lead Agent for Low-Level Radioactive Waste

Version 6 May 2026

Table of Contents

0.0. PROGRAM AND POLICY

The U.S. Army is the Department of War Lead Agent (DOWLA) for disposal of low-level radioactive waste (LLRW). It provides oversight and guidance for the Department of War (DoW) LLRW Program. Its mission is safe, compliant, and cost-effective LLRW disposal. It is DoW policy that all LLRW be handled and disposed of in a manner that is protective of human health and the environment and complies with DoW issuances and applicable statutory and regulatory requirements.

Responsibility of the DoW LLRW Program is assigned in Army Regulation (AR) 385-10 to the U.S. Army Joint Munitions Command (JMC), Environmental and Health (Physics) Division to provide LLRW disposal services in accordance with Department of Defense Instruction (DODI) 4715.27. (JMC has been operationally ordered by Department of the Army to integrate its workforce with Army Sustainment Command [ASC] to create a single command amongst the implementation of this BOA. The authority of the LLRW Program will reside with the DOWLA, regardless of command alignment, after the integration.)

The DoW LLRW Program relies on qualified contractors to carry out parts of this world-wide mission. Contractors shall travel to locations to prepare shipments of excessed or unwanted radioactive materials for ultimate transfer, recycle, or disposal (as waste). (Transfer of ownership, recycle, and return to manufacturers are only authorized on a case-by-case basis. These paths are not considered paths for waste). Other requirements of the mission may include disposing of excessed or unwanted radioactive materials (as waste) generated by other private contractors on behalf of the Government or developing detailed work plans to characterize material or assist the Government in the planning future disposal of excessed or unwanted radioactive materials (as waste).

1.0. OVERVIEW, LIMITATIONS, AND EVALUATIONS

In accordance with Federal Acquisition Regulation (FAR) 16.504(a)(4)(v), the only activity authorized to issue orders against this Basic Ordering Agreement (BOA) is the Army Contracting Command - Rock Island (ACC-RI). The Contracting Officer (KO) for this BOA is:

Army Contracting Command - Rock Island Attention: Ryan J. Buhman, Contracting Officer 3055 Rodman Avenue Rock Island, IL 61299-8000 Comm: (309) 782-0248 E-mail: ryan.j.buhman.civ@army.mil

Each Task Order will appoint a Contracting Officer’s Representative (COR) to act as the KO’s authorized representative to assist in administering a contract. The source and authority for a COR is the KO. COR limitations are contained in the written letter of appointment. Namely, the COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions will be referred to the KO for action.

The Government reserves the right to determine the limitations of this BOA at any time to meet mission requirements or the demands of the DoW. The awards under this BOA will be competed in a fair environment to businesses with the 8(a) Small Business Designation. The 8(a) must be certified by the Small Business Administration (SBA).

In general, excessed or unwanted radioactive materials are designated radioactive waste (waste) when the generator determines whether the items are non-serviceable or condemned and has intent to discard it by land burial, except for low-level mixed waste (LLMW) which explicitly specifies the date of generation on an accumulation label for a specific container. All waste under this BOA will either contain source, special nuclear, or byproduct material that is acceptable for disposal in a land disposal facility, in accordance with the U.S. Nuclear Regulatory Commission (NRC) regulations: Title 10, Code of Federal Regulations (CFR). If waste is not acceptable for disposal in a land burial facility, it will be noted in the Task Order. Radioactive waste may also include low-level mixed waste (LLMW), naturally occurring radioactive material waste (NORM), and naturally occurring and accelerator-produced radioactive material waste (NARM) intended for land burial. It does not include:

1. Waste resulting from activities falling under Sections 2121 and 2140 of Title 42, United States Code (U.S.C.) (also known as the “Atomic Energy Act of 1954”). These activities include, but are not limited to, waste:

a. Generated by the Naval Nuclear Propulsion Program in accordance with Executive Order 12344 and Section 7158 of Title 42, U.S.C.

b. Related to nuclear weapons programs.1

c. Generated by decommissioning former Army Deactivated Nuclear Power Program facilities.

2. Decay in storage, release in effluents, disposal by release into sanitary sewage, treatment or disposal by incineration, and disposal of specific wastes in accordance with Sections 20.2002-20.2005 and 20.2108 of Title 10, CFR.

1 For purposes of this agreement only, 91(b) waste is deemed as a waste eligible for disposal under this BOA.

In accordance with Federal Acquisition Regulation (FAR) 16.703, this Basic Ordering Agreement (BOA) provides a framework for future orders. Before placing an order, the Government will provide each 8(a) BOA-holder a fair opportunity to be considered. The specific procedures for placing an order will be detailed in the Request for Quote (RFQ) or Request for Proposal (RFP) for that order and will adhere to the following:

(a) Orders At or Below the Simplified Acquisition Threshold (SAT): The Government will solicit responses and award orders in accordance with the procedures outlined in FAR Part 13, Simplified Acquisition Procedures.

(b) Orders Exceeding the SAT: The Government will solicit proposals and award orders in accordance with the source selection procedures outlined in FAR Part 15, Contracting by Negotiation.

The Government intends to award orders to the contractor whose offer provides the best value. Unless otherwise specified in the order's solicitation, the Government will use a comparative evaluation methodology.

(a) Comparative Evaluation: As described in FAR 13.106-2(b)(3) for acquisitions under the SAT and consistent with best value principles under FAR Part 15, a comparative evaluation involves comparing offers to each other to select the contractor that is best suited for the requirement.

(b) Evaluation Factors: The specific evaluation factor(s) for the award of each order will be defined within the individual solicitation for that order and are at the Government’s discretion.

(c) Alternative Methodologies: If the Government intends to use an evaluation method other than comparative evaluation for a specific order, that method will be explicitly defined in that order's solicitation.

This BOA uses Task Orders to manage the DoW’s excessed or unwanted radioactive materials. Each Task Order is an individual project, and each project is assigned to a specific tier. There are six tiers of work which vary in scope and complexity. Each tier contains language found in a Basic Performance Work Statement (PWS-B) found in Section 6.0 – Basic Performance Work Statement (PWS-B), which is the basic language and requirements that guide the contractor to perform the work and (when applicable) additional supplemental language specific to each tier found in Section 7.0 – Supplemental Requirements by Tier.

Task Orders awarded on this BOA are non-severable because they involve shipping waste materials. Non-severability begins when the waste is shipped (physically moved) from the generator’s location and is accompanied by a manifest.

While Follow-On Task Orders for a particular site or location are not guaranteed, the Government retains the right to find those additional services to be non-severable based on its own discretion and award those Task Orders to the performing contractor if the technical risk and cost savings of the work are determined to be in the Government’s best interest (See Section 8.0. – In Scope Determination).

Modification of Task Orders are given priority to an already existing Task Order for a particular or near-by location. For instance, a customer at a particular location may accumulate more excessed or unwanted radioactive materials prior to mobilization. The Government reserves the right to add inventory to an existing Task Order, rather than competing the additional inventory over again. The Government may also determine that other existing Task Orders offer regional efficiencies (travel under one mobilization or use of a single conveyance in a certain region) as a strategy for cost avoidance. The Government reserves the right to determine when these types of efficiencies exist as a reason to not compete the additional excessed or unwanted radioactive materials.

Mobilization of the contractor’s personnel or equipment or supplies can be severable. The Government reserves the right to terminate a Task Order between mobilization and shipping of waste materials. The Government, and its customers, are not responsible for recovering equipment or supplies sent ahead for projects that are terminated. Periodically, the contractor may be required to coordinate travel accompanied by Government personnel. Severability is not contingent upon completing a trip with (or without) Government personnel; it is contingent upon shipping waste materials.

In the event of termination for convenience by the Government, the contractor is authorized to present a Settlement Proposal within 60 calendar days of issuance of the letter of termination. The Settlement Proposal shall not exceed the value of the original Task Order and its modifications. The settlement window will close after 60 calendar days.

All Task Orders are firm-fixed price. Each Task Order will have an on-site period of performance date and a final period of performance date.

· The on-site period of performance date is the date that the inventory of excessed or unwanted radioactive materials must be shipped from the generator’s location.

· The final period of performance date is the date that the contractor must submit all deliverables and a final invoice for the project.

Prices presented at the time of award must be valid for the duration of both periods of performance. A delay beyond the final period of performance will be handled using determination. The COR will determine whether the project was delayed by the inventory holder or caused by the contractor. The KO will review and approve the COR’s position. The contractor will be issued a modification that includes the determination made by the COR as to which entity (inventory holder or contractor) is primarily responsible for the inexcusable delay. In the event of inventory holder delay, the contractor is authorized to review their original bid and update the pricing for the revised schedule. Delays of any other sort will result in a “no cost” modification and terminate or extend the final period of performance. There could also be cases where the Government seeks consideration in these instances. Project delays caused by the contractor will result in unsatisfactory or marginal performance on the contractor’s Contractor Performance Assessment Reporting System (CPARS). The contractor cannot protest the COR’s determination related to delays in project schedule.

The contractor shall not take directions from the inventory holders or generators. Only the KO can make commitments on behalf of the Government. Contractors will assume risk for carrying out commitments made with any other entity than the KO. However, the DOWLA can give approval for discussions with inventory holders or generators on a case-by-case basis to determine potential courses of action to address anything that is not covered in the Task Order.

If the contractor is supplied Government-furnished equipment (predominately loading equipment) or manpower, the contractor maintains full responsibility of safe loading, shipment, and disposal of any waste. It is the contractor’s responsibility to coordinate, and direct, the entity providing the additional equipment or manpower. The contractor is prohibited from using any government-furnished equipment that is not explicitly listed in the PWS-A, Section 16.

2.0. PERFORMANCE WORK STATEMENT OVERVIEW

Project-specific details (a requirements package) will be issued to the contractor as a Task Order Performance Work Statement (PWS), hereafter referred to as an Addendum Performance Work Statement (PWS-A). The contractor shall adhere to the PWS-B, the applicable Supplemental Requirements by Tier, and the PWS-A (for the specific project). Participants in this BOA acknowledge that all work shall be performed in accordance with these documents, however, should a contradiction appear between this document (PWS-B) and the Addendum PWS (PWS-A) then precedence of the imperatives will be given to the PWS-A level.

3.0. TIERS OF THIS AGREEMENT

The PWS-B describes the general scope of the administrative requirements, equipment, and manpower requirements. PWS-A’s, in general, require labor, travel, surveys, sampling, identification, packaging, rental, consumables, transportation, processing, disposal, permits, and subcontracts to dispose of excessed or unwanted radioactive materials (as waste) which may be defined as mixed waste with hazardous materials. There are six tiers of work that vary in complexity. The functions for a specific tier in Section 7.0. – Supplemental Requirements by Tier must be completed in addition to the PWS-B if they apply. Implementation of the supplemental requirements by tier is a principle of propagation, where the PWS-B and the supplemental requirements of the specific tier are combined. The exact structure of these requirements for each tier is detailed in Section 7.0. A description is included:

TIER 1 (T1) - Low-Level Radioactive Waste (Minimum Requirement)

Pack, ship, and dispose of licensed and non-licensed radioactive materials.

TIER 2 (T2) - Low-Level Mixed Waste

Pack, ship, and dispose of licensed and non-licensed radioactive materials also characterized as a hazardous waste.

TIER 3 (T3) - Decommissioning Support

Planning, conducting, evaluating, and documenting building surface and surface soil final status radiological surveys for demonstrating compliance with dose or risk-based regulations or standards.

TIER 4 (T4) - Site Disposal Operations

Long-term mobilization of personnel and equipment to support remediation projects with characterization, packing, shipping, and disposal of excessed or unwanted radioactive materials.

TIER 5 (T5) – Technical Radiation Protection - Not Otherwise Specified

Any requirement for the program related to the safe, compliant, and cost-effective management and handling of the DoW’s radioactive materials.

TIER 6 (T6) – Emergency Response

Incidents outside of normal operations involving DoW-owned radioactive materials that will become waste or support for the Army Contaminated Equipment Retrograde Team (A.C.E.R.T.).

4.0. HOW TO PARTICIPATE IN THIS BOA

Any Small Business Administration-certified 8(a) contractor that would like to receive awards under this BOA must provide qualifications to be considered for T1 work:

1. Evidence that the company has access to a waste shipper (broker) via broker qualifications **

2. Evidence that the company holds a Federal or Agreement State radioactive material license that is suitable for waste brokerage and transportation.

** Broker qualification requirements and radioactive material license conditions are described in Addendum 1:

** The Government does not dictate who the contractor hires for brokerage. However, the company must have access to a broker to utilize. The contractor’s business dealings with individuals for market advantages are between the individual and the company and any discrepancies in pricing are considered risks that must be analyzed and mitigated by the contractor as they see fit. Regardless, all brokers must be approved annually by DOWLA in writing prior to performance of work. Upon submission of qualifications, the DOWLA will issue a memorandum either approving or declining the broker.

** If the company no longer has access to the broker they have previously utilized, then inform the DOWLA within 5 business days of termination/exit. Failure to do so could result in off-ramping from this BOA. See Section 5.3 – Removal and Section 5.4 – Off-Ramping.

To be considered for T2 through T4, the Small Business Administration-certified 8(a) contractor may also submit:

1. Evidence that the company has access to a senior broker (waste shipper) via broker qualifications

2. Evidence of the company or member of the company having past performance or experience supporting radioactive decontamination and decommissioning projects (i.e. Final Status Survey Plan or Final Status Survey Report)

3. Evidence in a (maximum) 2-page Statement of Qualifications that describes the company’s prior experience in disposing of waste from demolition and/or excavation site(s).

T5 and T6 share the same qualifications as T1. Contractors who enter this BOA will have the opportunity to compete for T5 and T6 work. These tiers encompass non-standard technical support and emergency response actions. Accordingly, the definitive requirements will be set forth on a case-by-case basis within the PWS-A for each specific task. However, the contractor must adhere to the PWS-B, Supplemental Requirements by Tier (if applicable), and the PWS-A.

All companies should submit the maximum amount of support practical, and the Government will make the final determination on the highest tier of work they may perform on this BOA. All determinations are final without the option to protest. The contractor is responsible for updating their broker’s qualifications and experience through-out the duration of this working relationship using the processes described in Section 5.2 – On-Ramping of this BOA. The DOWLA will send a Memorandum for Record (MFR) showcased in Addendum 2 qualifying their broker. This letter will give them the authority to direct the preparation of shipments of the Government’s excessed or unwanted radioactive materials on the Government’s behalf and sign shipping documentation, profile sheets, permit applications, and other paperwork to meet regulatory requirements for Federal, State, regional compacts, local, and other criteria. (However, it does not allow brokers to sign the Environmental Protection Agency’s [EPA] uniform hazardous waste manifests [UHWM]. See Section 7.2.23):

Small Business Administration-certified 8(a) may also submit a statement of qualifications or cover letter that certifies they can:

· Travel to military installations and defense sites worldwide

· Adhere to the project schedules established by the Government

· Prepare and maintain shipping records

· Track waste through disposal and readily report on its status and location

· Prepare waste profiles and maintain disposal records

· Share documents securely with Government customers

· Invoice for payment using Government systems

· Maintain communications with the Government

The Tiers of work, and qualifications for those Tiers of work, are in Addendum 3. T1, T5 and T6 share the same base level of qualifications. However, the Government retains the right to select the Tier that best fits the complexity of the project. The Tiers start with the most simple requirements and increase in complexity:

All Task Orders are to be invoiced within 365 days of award. Figure 1, below, provides a notional timeline of the key activities and their durations required to meet this one-year completion requirement. The timeline is only to be used as a guide:

NON-SEVERABILITY

FIGURE 1

5.0. THE APPROVAL AND REMOVAL PROCESS

5.1. TECHNICAL APPROVAL. Interested contractors shall submit their qualifications via email at any time to the following mailbox:

usarmy.ria.jmc.mbx.amsjm-sfr@army.mil

The subject line shall include the capital letter words “FOR CONSIDERATION” to be valid.

The DOWLA will confirm receipt of a valid email submission within seven (7) calendar days. Technical approval of these submissions will occur at the Government’s discretion, but no fewer than one time per year. This minimal annual review and approval shall occur between 1 November through 30 November each year. However, the Government may review a contractor’s qualifications submission at any time. For an interested contractor to ensure their submission is reviewed within a calendar year’s 1 November through 30 November review period, qualifications should be submitted no later than 30 September of that calendar year. Any qualifications submitted after this date may not be reviewed until the following calendar year’s review period of 1 November through 30 November.

The outcome of the above-mentioned review will result in either an official “Technical Approval” or a “Technical Rejection” for the contractor’s ability to continue to pursue participation in this BOA; to include the Tiers in which proposals on future work will be accepted by the Government. The Government reserves the right to decide which contractors may participate in the BOA and the Tiers of work they qualify for. All determinations are final for the calendar year’s review period.

Technical Approval does not ensure acceptance into the BOA. Technical Approval does, however, allow the contractor to enter the On-Ramping Process with ACC-RI, outlined in Section 5.2 – On-Ramping of this BOA. An example of this Technical Approval Letter is enclosed in Addendum 4:

5.2. ON-RAMPING. The Government reserves the right to decide which contractors, and what Tiers of work, may participate in this BOA. All determinations are final.

i. PROMOTION TO HIGHER WORK. The contractor is responsible for notifying the DOWLA when their broker has achieved the qualifications for senior broker. It is not the Government’s responsibility to track the level of experience of a particular employee. The contractor shall submit the promotion following the instructions in 5.1. – Technical Approval.

5.3. REASONS FOR REMOVAL. Participating contractors may be removed from this BOA for marginal or unsatisfactory CPARS. However, timely response to Corrective Actions Reports (CARs) can remedy removal from this BOA in these instances. Other reasons for removal may include, but are not limited to breach, mutual consent, evidence of waste, evidence of fraud, inactivity**, trafficking in persons, unlawful acts, criminal sanctions, or notice of violations related to regulatory compliance. The contractor will be notified in written communication that they have been removed from this BOA and its implementation will be effective immediately upon transmittal.

** Inactivity is defined as failing to submit a proposal on any Task Order for a period of two consecutive calendar years.

5.4. PERFORMANCE REQUIREMENTS SUMMARY. These are the three most important performance objectives and are the minimum requirements to perform at the “Satisfactory level” on a performance evaluation. This section is intended to summarize and highlight each performance objective. These objectives are what the DOWLA deems the acceptable level to sustain participation in the contract awards process associated with this BOA. This BOA also has its own Quality Assurance and Surveillance Plan (QASP) to surveil important components of maintaining participation in this BOA. The QASP is not provided to the contractor. For transparency, the contractor should be aware that they will be evaluated annually on the status of their radioactive material license (Paragraph 6.1) , the access to a broker (Paragraph 6.2), and their overall performance in the areas of disposal (Paragraph 6.14).

The table below focuses on standards of project management because the requirements of this BOA are all similar in nature. This review may happen at any time across all Task Orders award to any one contractor.

Each Task Order requires the contractor to schedule, deliver, and invoice to complete the project. The COR will evaluate the contractor in CPARS under these areas. However, they may also inspect other areas, as they determine necessary. Here are the three most important performance objectives:

PERFORMANCE OBJECTIVE

STANDARD

PERFORMANCE THRESHOLD

ACCEPTABLE QUALITY LEVEL

METHOD OF SURVEILLANCE

PWS-B, Para 9. SCHEDULE

Contractor shall schedule the work with the COR within 28 calendar days of Task Order award.*

*The contractor will not be penalized for any failed attempts to schedule the work because of coordination issues, lack of response, or unavailability of Government personnel.

Zero Deviation from the Standard.

50% Inspection.

PWS-B, Para 18. INVOICES

Contractor shall submit invoices in accordance with Sections i-vi.

Greater than 85%.

Random Sampling.

PWS-B, Para 21. REPORTS AND DELIVERABLES

Contractor shall submit reports and deliverables in accordance with the PWS-B and the Supplemental Requirements by Tier.

Zero Deviation from the Standard.

Random Sampling.

5.5. COMPLAINTS. Should the contractor feel they are unfairly evaluated against this criterion and no longer receive awards based on any evaluation prepared by the Government, the contractor may submit a complaint by email to the KO requesting continued participation in the BOA. The complaint must include formal position of why the evaluation prepared by the Government does not fairly address their performance. Complaints must be submitted within 30 calendar days of receipt of the unfavorable CPARS. The KO reserves the right to make a final decision on the contractor’s level of performance. The complaint window will close after 30 calendar days.

5.6. OFF-RAMPING. The Government reserves the right to off-ramp contractors at any time from this BOA. All determinations are final.

Basic Performance Work Statement (PWS-B)

6.0. TECHNICAL PERFORMANCE REQUIREMENTS

The requirements below must be met to perform LLRW disposal Task Orders, also described as T1:

6.1. SAFETY AND LICENSING. Contractor shall possess a Nuclear Regulatory Commission (NRC) or Agreement State radioactive materials license with a safety plan that includes health physics support, hazardous and radiological laboratory support, dosimetry, personnel protective equipment and clothing, and hazardous constituents and radiation monitoring equipment. The license must be valid at the time of the on-ramping and throughout the performance of projects issued on this agreement. The contractor will acquire reciprocity in agreement states, and with the NRC (as appropriate), to handle waste depending on its origin and physical location.

6.2. WASTE SHIPPER. Contractor shall employ a person (not necessarily a Health Physicist) trained, educated and/or with a minimum of 3 years of experience in waste brokering as a significant activity. (This person is commonly referred to as a “broker”.) The broker has the authority to sign shipping papers, profiles, and manifests for the Government, with the exception of signing as the generator on an EPA UHWM.

6.3. RADIATION DETECTORS. Contractor shall have access to radiation detectors. (Equipment must be in good working order and calibrated.)

i. SURVEYS. Contractor shall conduct surveys to determine radiation levels and removable contamination on package(s), when applicable.

ii. RADIONUCLIDE IDENTIFICATION. Contractor shall identify radionuclides and activities or concentrations of radioactive material, when required. (The inventory holder is expected to provide generator knowledge about the radionuclides of concern and their associated activities for each row of inventory; however, this capability may be needed in situations where the inventory holder requires assistance with identification.)

6.4. COMMUNICATIONS. Contractor shall coordinate all aspects related to this agreement through the KO. (The KO ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the agreement and safeguards the interests of the United States in the contractual relationship.)

i. TECHNICAL OVERSIGHT. Contractor shall include the COR on all communications related to this contract from the date award through close-out. (CORs are responsible for technical administration of the project and ensure proper Government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect agreement, price, terms, or conditions will be referred to the KO for action. Contractors can speak to inventory holders or generators with, both, the KO and COR’s written approval.)

ii. PROJECT NUMBER. Each project holds a unique identification number. Contractor shall include the project number on all correspondence and all deliverables supplied by the contractor for the duration of the project.

6.5. INVENTORY AND CHARACTERIZATION. Reserved. This section of the PWS-B is reserved as all inputs will be found in the corresponding PWS-A.

6.6. COST PROPOSALS. Contractor shall respond to a Requests for Proposal (RFPs) with a document showing the cost, cost elements, and other units related labor, travel, consumables, equipment, rentals, transportation/shipping, processing, disposal, permits, other expenses, and subcontracts. The cost proposal shall be prepared using Addendum 5:

i. SUBCONTRACTS. If the contractor needs to subcontract certain elements of the project, the contractor’s cost proposal shall break out all costs, to include all subcontracted costs. (This information not only informs the COR of actual cost for processing, disposal, etc., but it allows the contractor to incrementally invoice for periodic progress of this project rather than having to wait for project completion prior to invoicing. This information also allows the COR to provide accurate feedback to the customer. Include a brief explanation in accordance with Section 6.18.ii – Format.)

ii. FIFTY-ONE PERCENT. Contractor shall submit a cost proposal showing that most of the labor costs are being performed by the 8(a) contractor who is preparing the proposal. To be considered an 8(a) contractor, the company must perform at a minimum 51% of the labor costs so that subcontracted labor costs do not exceed 49% of the Task Order. Any subcontracted labor costs planned for this requirement must be approved by the Government before award.

6.7. TECHNICAL PROPOSALS. Contractor shall respond to RFPs with a document describing the technical approach. The technical proposal shall be prepared using Addendum 6:

6.8. TRAVEL. Contractor shall travel to various Government or commercial sites in the Continental United States (CONUS) and sites Outside the Continental United States (OCONUS). (The Government is not responsible for a failure to obtain or a revocation of site access. This also includes general delays in obtaining site access.)

i. SITE ACCESS. Contractor shall coordinate on-site schedules and site access for themselves and their subcontractors with the site points of contact (POCs) supplied in the Task Order prior to travel (Upon the award of the Task Order contract, other site POCs information will be given to the contractor. Typically, this is 30 calendar days before mobilization.) Contractor shall provide the following information:

1. Date and time of arrival at the site.

2. Number and names of contractor personnel.

3. Reason for visit.

4. Length of stay.

5. Any special instructions required for performance of the project, etc.

ii. ESCORT. Contractor shall anticipate no escort for themselves or drivers onto military or contractor-operated Government installations and facilities. (For contractor personnel that do not have a Common Access Card [CAC], coordinate with the site POC for base access procedures prior to travel.)

iii. DEFENSE TRAVEL REGULATIONS. Contractor shall follow the requirements of the Defense Travel Regulations, including providing the required level of receipt for cost-reimbursable items. (The DOWLA reserves the right to reject invoices for unauthorized expenses.)

6.9. SCHEDULE. Contractor shall schedule the work with the COR within 28 calendar days of award of the Task Order contract. (Failure to do so could result in off-ramping from this BOA. See Section 5.3 – Removal and Section 5.4 – Off-Ramping.)

6.10. PACKAGING. Contractor shall know domestic, international, and commercial facilities LLRW laws, regulations, and procedures for the inspection, storage, handling, packaging, transportation, processing/treatment, disposal, and licensee/permittee acceptance of the waste materials. (Contractors may be required to package waste/materials and/or inspect previously packaged wastes/materials to verify contents and ensure proper regulatory compliance and packaging requirements are met.)

6.11. SHIPPING. Contractor shall prepare and load packaged waste in accordance with Federal regulations, including Nuclear Regulatory Commission (NRC), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), International Air Transport Association (IATA), International Maritime Dangerous Goods Code (IMDG) when shipping by vessel, disposal facility and other receiving facility laws and criteria for transportation CONUS and OCONUS, to include correct preparation of all shipping papers and manifests.

6.12. TASKS. Contractor shall complete basic packing and shipping functions:

i. DOCUMENTATION. Contractor shall complete all documentation required by the recycling, processing, treatment, and/or disposal facilities.

ii. COORDINATION. Contractor shall coordinate with recycling, processing, treatment, and/or disposal facilities for shipping and receiving dates and times.

iii. LOADING PLAN. Contractor shall develop a loading plan and arrange an appropriate shipping method for the inventory.

iv. INSPECTION. Contractor shall visually inspect the excessed or unwanted radioactive materials and verify inventories.

v. REPACKAGING. Contractor shall package or repackage waste.

vi. LABELING AND MARKING. Contractor shall appropriately label or mark packages of waste in accordance with Title 10 and 49 CFR and other federal, state, and local regulations.

vii. SHIPPING PAPERS. Contractor shall prepare shipping papers in accordance with Title 10 and 49 CFR and other federal, state, and local regulations.

viii. BLOCKING AND BRACING. Contractor shall load, block, and brace packages of waste for shipment.

ix. PACKAGE INVENTORY AND SURVEY DOCUMENTS. Contractor shall document all final package inventories, surveys, and samples performed of packages, including any photographs taken of inventory, or packages, for purposes of tracking the items to their interim and final destinations.

6.13. TRANSPORTATION. Contractor shall propose the most cost-effective transportation method(s) for the inventory. (The proposed carriers shall be approved to carry hazardous materials.)

i. REGULATIONS. Contractor shall prepare and make the shipments of waste in accordance with Title 10 and Title 49 CFR.

ii. OFFEROR. Contractor shall use a Government-approved broker and transporter to make all shipments of hazardous materials.

iii. DURATION. Contractor shall ensure waste delivery meets the timeline provided in the PWS-A.

iv. STATEMENT OF LIABILITY. Contractor’s waste shipper shall sign shipping paperwork in accordance with Section 6.2 of this PWS-B.

v. CARRIER CHANGES. Contractor shall immediately notify the COR in writing about any changes related to the transportation or conveyance method that was technically accepted. (The DOWLA does not authorize contractors to change transporters mid-shipment or utilize a single carrier for multiple efforts, unless otherwise specified and accepted in advance. Carriers are not authorized for storage of waste and are strictly used for movement to an intended destination.)

6.14. DISPOSAL. Contractor shall propose the most safe, compliant, and cost-effective recycling, processing, and/or disposal facility for the waste. (The contractor shall develop and enclose a roadmap for each line of the inventory with a destination and include it within the technical proposal.)

i. VARIATIONS. Contractor shall immediately notify the COR in writing if the disposal roadmap changes. Any changes after award to the final destinations within the proposal must be approved, in writing, by the KO and the COR prior to execution.

ii. DIRECT DISPOSAL. Contractor shall, when able, present direct permanent disposal of waste. (i.e. shipments directly to a disposal facility without use of a processor.)

iii. PROCESSING OR TREATMENT. Contractor shall ensure processing and/or treatment of waste does not exceed 270 calendar days from the date of drop-off at the processor. (The Government considers processing and treatment essential steps in the disposal progression. Therefore, the contractor must propose an expedited schedule to meet DoW objectives. Failure to meet this deadline may result in unfavorable CPARS and/or financial considerations.)

iv. AUTHORITY. The DOWLA reserves the right to make final determinations for disposal. Contractor shall adhere to the DOWLA’s determinations for disposal.

v. STATEMENT OF LIABILITY. Contractor shall certify that the waste is properly classified, described, packaged, marked and/or labeled, and is in proper condition for transportation according to the applicable regulations. (Contractor’s waste shipper shall sign shipping paperwork in accordance with Section 6.2 of this PWS-B.)

6.15. REGULATORY COMPLIANCE. Contractor shall comply with all DoW, Federal, State, and local laws and regulations when performing project tasks.

i. FINES. Contractor shall assume fiscal responsibility for monetary fines levied against the DoW, from regulatory agencies, resulting from the contractor’s field activities.

ii. LICENSED RADIOACTIVE WASTE. Contractor shall dispose of licensed radioactive material at a licensed radioactive waste disposal facility. (The waste must be properly profiled and must meet the Waste Acceptance Criteria [WAC] for the chosen disposal facilities.) 1

¹ The contractor may apply for approval of an alternative disposal method in accordance with 10 CFR 20.2002. This process allows for the disposal of certain low-activity radioactive waste at facilities other than a licensed radioactive waste disposal facility, provided the contractor can demonstrate to the NRC the proposed method will be protective of public health and safety. However, the Government must technically accept this approach.

iii. PERMITS AND AUTHORIZATIONS. Contractor shall acquire all permits and authorizations required for the field work prior to executing it. (See Section 6.19. Permits and Section 6.20. Authorizations.)

6.16. MATERIALS, EQUIPMENT, AND SUPPLIES. Contractor shall supply all services, equipment, materials and supplies necessary to complete the PWS-B, unless otherwise specified.

6.17. CONTRACTOR PERSONNEL. Contractor shall supply all personnel to complete the PWS-B, unless otherwise specified. (Contractor hours may be periodically surveilled. Any labor hours, and labor categories, will be scrutinized if the Government surveillance perceives discrepancies from the technically accepted proposal. This is considered fraud, which is a reason for removal from this BOA in Section 5.3. – Reasons for Removal.)

i. COMPETENCY TRAINING. Contractor shall not allow personnel to perform any activities and/or tasks on installations without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contractor personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those agreement activities associated with the identified noncompliance.

6.18. INVOICES. Upon completion of the work requirements, contractor shall provide invoice(s) to the COR for approval.

i. WORK PERFORMED. Contractor shall invoice only for work performed.

ii. FORMAT. Contractor shall state on the invoice the Project Number and a brief explanation of the work performed within dates specified for the performance. (Failure to provide this will result in non-payment of the invoice(s) until revision is made. All invoices shall be submitted electronically through Wide-Area Work Flow (WAWF) – see Clause 252.232-7006 in the Task Order Contract for procedures. For any invoice that includes transportation or recycle, processing, and/or disposal charges, the contractor shall include shipping papers showing receipt of the material and certificates of disposal, as appropriate. The contractor shall include a statement within or on these invoices certifying that they have distributed the shipping papers and/or disposal certificates to the generating customer and the COR.)

iii. PROPRIETOR. Contractor shall submit invoices with the employer (prime contractor’s name) on the invoice. (The DOWLA will reject invoices with subcontractor’s name and all statements submitted by individual employees.)

iv. NOTIFICATION. Contractor shall ensure the COR is immediately notified in writing that an invoice has been submitted for inspection and acceptance. (The desired method of notification system integrated into WAWF immediately after submitting an invoice. It sends an email to a customer distribution list. The contractor shall ensure the COR is included on the notification.)

v. INVOICE PERIOD. Contractor shall invoice within 30 calendar days of the issuance of the final deliverables.

vi. RECEIPTS. Contractor shall only include receipts for authorized expenses. (When possible, the contractor shall provide an itemized list of expenses with supporting receipts. Official receipts must be dated and meet all Defense Travel Regulations. Itemization of official receipts shall be presented on a document with official company letterhead – See Section 6.18.iii - Proprietor.)

6.19. PERMITS OR PETITIONS. Contractor shall obtain required permits or petitions from the Federal, State, or municipal agencies at least 30 calendar days prior to mobilization, as required.

i. WASTE COMPACT RULES. Contractor shall follow all low-level radioactive waste interstate compact rules. (It is the contractor’s responsibility to know which compact they are performing work in and adhere to all rules.)

ii. SYNCHRONIZATION. Contractor shall ensure that all shipments conform to the rules, regulations, and requirements of the State/Compacts. (The contractor must make sure that the designated Permit POC and the COR are informed. This does not absolve the contractor from their sole responsibility in adhering to the permit or petition and its required conditions.)

iii. CIVIL PENALTIES. Contractor shall settle any civil penalties between State/Compact and the generator or the DOWLA or DoW Component. (Any civil penalty issued by the compacts related to any project will be settled between the State/Compact and the contractor. The contractor shall obtain export permits, petitions, export authorizations, waste tracking permits, and disposal permits for each project.)

iv. ADHERANCE. Contractor shall adhere to all terms, timelines, and conditions of the permits or petitions. (The contractor is responsible for obtaining the permit or petitions and completing all required conditions required by the export permits, export authorizations, waste tracking permits, petition, and disposal permits.)

v. APPLICATIONS, NOTIFICATIONS, AND REPORTS. Contractor shall make necessary notification(s) to the States/Compacts. (The contractor shall complete all actions required to maintain compliance, to include, but not limited to, create applications, sign applications, submit applications, amend applications, extend applications before expiration, submit notifications of export, submit interim disposal reports, submit progress reports, submit notification of disposal, and any other related reporting requirements not otherwise specified.)

vi. PAYMENTS. Contractor shall propose the required fees for permits or petitions and submit payments to obtain all permits or petitions.

vii. SIGNATORY. To acquire a generator’s signature on the Government’s behalf, contractor shall coordinate with designated Permit POC.

viii. CORRESPONDENCE. Contractor shall include the Permit POC and the COR on all correspondence concerning the permits or petitions obtained; to include export authorizations, waste tracking permits or petitions, and disposal permits or petitions.

ix. OTHER DISPOSAL PERMITS. Contractor shall request, at least 30 calendar days prior to mobilization, the site use permit(s) for Republic Services-Richland from the Permit POC and the COR, when required. (The DOWLA maintains some Low-Level, NARM and Exempt Waste site-use permits. They are available for use for any approved wastes profiles at Republic Services-Richland. The site-use permits are issued by the State of Washington Department of Health. These permits are acquired annually from the State of Washington Department of Health and expire so they must be verified for availability.)

x. OTHER TRANSPORTATION PERMITS. Contractor shall request, at least 30 calendar days prior to mobilization, the transportation permit for the State of Mississippi from the Permit POC and the COR, when required. (The DOWLA maintains transportation permits for each branch. They are available when waste is transported into, through, or out of the State of Mississippi.)

6.20. AUTHORIZATIONS. Contractor shall obtain authorizations from the DoW, Federal, State, or municipal agencies, as required.

i. MORRIS CONSOLIDATION FACILITY. Contractor shall coordinate with the COR at least 30 calendar days prior to mobilization, to request an authorization letter for materials to be sent to the Morris Consolidation Facility (MCF), located at Rock Island Arsenal.

1. The MCF can take many different items. However, it predominately takes licensed tritium devices and generally licensed chemical/explosive detection equipment for transfer or recycle.

2. The COR and the facility’s Radiation Safety Officer (RSO) reserve the right to determine which items are acceptable for delivery to the MCF.

ii. AIR FORCE RADIOACTIVE RECYCLING AND DISPOSAL (AFRRAD). Contractor shall coordinate with the COR at least 30 calendar days prior to mobilization, to request an authorization letter for materials to be sent to the consolidation facility at Wright-Patterson Air Force Base (WPAFB).

1. AFRRAD accepts a variety of instruments and articles containing radioactive material for recycling and waste minimization services, including but not limited to: static eliminators, radioluminescent devices, vacuum tubes, chemical agent detectors, and ion-generators.

2. The COR and the Air Force liaison reserve the right to determine which items are acceptable for delivery to WPAFB.

6.21. REPORTS AND DELIVERABLES. Contractor shall prepare reports, and other possessions, and deliver them to the Government.

i. DAILY REPORTS. For any day that the contractor is on-site, contractor shall develop and submit an electronic daily report that summarizes weather, site conditions, work performed, work planned, personnel assigned, equipment utilization, and challenges. Injuries or illnesses will also be summarized in the report. (The report shall be provided within one business day of completion.)

ii. MONTHLY REPORTS. On the first of each month, contractor shall develop and submit an electronic monthly report using Addendum 7:

iii. FINAL REPORTS. Upon issuance of the final invoice, contractor shall include an annual report using Addendum 8 with the final invoice:

iv. PROPERTY RIGHTS. Contractor shall release reports as Government property upon issuance. (All contractor-prepared documents and drafts, developed as part of a project, shall become the property of the U.S. Government. The Government reserves the right to distribute and reproduce all or part of the documents without restriction.)

v. PACKAGE INVENTORIES. Contractor shall provide all final package inventories (itemized list of contents) for purposes of tracking the items to their interim and final destinations.

vi. SHIPPING PAPERS. Contractor shall provide all shipping papers with acknowledgement of receipt and acceptance by the transportation contractor for each shipment from the installation, within 10 business days of acceptance.

vii. MANIFESTS. Contractor shall, when applicable, provide all…