Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Block 14 Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 18-Dec-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DQ-16-T-3000

X 9B. DATED (SEE ITEM 11)

07-Dec-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Dec-2015

CODE

USACE, KANSAS CITY +

FEDERAL BLDG CT-H 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DQ-16-T-3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

A. NECESSITY FOR THE CHANGE: The purpose of this amendment is to extend the due date for quotes/price lists, and amend various sections of the RFQ.

B. THE CHANGE:

1. Extended the due date for Quote to 19 January 2016 at 02:00PM.

2. Revision made to Section C, Terms and Conditions, paragraph 1.

3. Revision made to Section C, Performance Work Statement, paragraph 2.1.

4. Revisions to Section C are identified by a strikethrough or highlighted area.

C. POINT OF CONTACT: Christopher Anderson at Christopher.W.Anderson@usace.army.mil or at (816) 389-

(End of Amendment 0001)

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-Jan-2016 02:00 PM to 19-Jan-2016 02:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT:

Performance Work Statement BPA Radiological Waste Disposal

18 December 2015

1. General

1.1. Agreement Procurement Objective and Overview

The Blanket Purchase Agreement (BPA) for Radiological Waste Disposal (RWD) awarded under this solicitation will be for radiological waste disposal services in support of the U.S. Army Corps of Engineers (USACE) and its customers located anywhere within the Contiguous United States (CONUS) in USACE assigned mission areas. The BPAs awarded will be for radiological disposal services from various known or suspected sites that have been impacted by radioactive material and/or contamination. Although not the primary focus of these agreements, the work may require actions to handle and transport comingled or incidental RCRA hazardous waste materials.

Work will be executed under BPA Calls using Performance Work Statements (PWSs) specific to that particular call.

Information provided by USACE on any site will be dependent on the current status of the site. Each Call will define the requirements of the contractor. The description of work stated herein provides a general understanding of the contractor functions to be performed. Individual Calls will contain the specific requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this agreement.

The Contractor shall be responsible for acquiring the latest version of applicable regulatory or agency guidance, including but not limited to the referenced documents cited within this section of the solicitation and/or subsequent Calls issued after award of the BPA, unless otherwise specified.

Project specific Calls will be issued under the BPA. A wide variety of potential project sites could be expected in this BPA.

1.2. Radiological Disposal Services

The Contractor, operating as an independent entity and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment and shall perform all work identified in each individual Call. The Contractor may be required to perform work under Calls at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors, and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (KO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this agreement shall relieve the Contractor of his responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and agreement/call requirements shall be brought to the attention of the KO and/or COR.

This agreement covers the planning, receipt, handling, and safe permanent disposal of the following waste materials, as defined in section 2:

AEA Regulated Wastes;

LARW- Low Activity Radioactive Waste;

LACW -Low Activity Comingled Waste;

TENORM - Technologically Enhanced Naturally Occurring Radioactive Materials;

TENORM Commingled Waste- Technologically Enhanced Naturally Occurring Radioactive Materials Commingled Waste;

Mixed Waste (AEA wastes mixed with RCRA wastes): and RCRA wastes.

Waste material can be in the form of soil or debris, as defined. The source of these materials will include a variety of sites from across the United States and other mission areas as assigned. Transportation methods include use of bulk and non-bulk containers and transport via truck, rail, or a combination of truck and rail. The Contractor shall provide final inspection criteria that will be reviewed and agreed upon by Customer/Government and used prior to shipment, to accept loaded types of containers. Contractor shall be responsible for the waste material from the point of arrival at their facility forward. Wastes and containers will be specified in the specific Call.

Trans-loading of materials containerized in appropriate DOT packages during transport to the disposal facility (e.g., transfer of closed intermodal containers from truck to rail) is generally acceptable. Trans-loading of loose materials from one DOT package to another (e.g., transferring material from and end dump truck to a rail gondola) is sometimes acceptable and is subject to Government review and approval prior to implementation as specified on a specific Call. Contractor’s technical proposal shall describe any planned trans-loading of materials, facilities, equipment, processes to mitigate potential for spills or other losses of materials, and procedures for completion of shipping papers as required.

AEA regulated materials require licensed disposal in accordance with 10 CFR 61 or 10 CFR 40 Appendix A. While the volumes of materials requiring licensed disposal are significantly smaller, the Contractor will be capable of handling such materials if called for by the specific Call. Non-regulated materials do not require disposal in accordance with 10 CFR 61 or 10 CFR 40 Appendix A, but must meet all other federal (to include but not limited to those referenced herein) and state regulatory requirements. It is anticipated that non-regulated waste will comprise the majority of waste volumes, followed by regulated Class A wastes (see 10 CFR 61.55), and then very limited volumes of other regulated and mixed wastes.

The work to be performed under this BPA shall include planning, receipt of waste, proper permanent disposal of wastes, and reporting. Disposal shall be in accordance with the facility(ies) waste acceptance criteria, in an appropriate waste cell based on disposal licenses or permits, for waste received from any site. The Contractor shall provide disposal services in accordance with this PWS, the PWS included with the specific Call(s), and the Contractor’s BPA pricing. The BPA unit prices shall include all costs associated with the receipt, standby time during loading, unloading, material handling, permanent disposal, planning, reporting, and long-term monitoring of materials received. The prices shall also include taxes, surcharges, fees, and tariffs. BPA unit prices shall include all costs, inclusive of costs for incidental transfer of waste at or near disposal facility(ies).

The receipt, handling, and permanent disposal of materials under this agreement shall comply with all applicable federal, state, and local regulations.

2. Definitions

2.1. LARW- Low Activity Radioactive Waste- These are regulated or non-regulated radioactive wastes that do not require disposal in accordance with 10 CFR 61 or 10 CFR 40, Appendix A. LARW may include, but is not limited to:

2.1.1. unimportant quantities of source material as defined in 10 CFR 40.13(a); the residuals from ores processed for their source material content prior to 1978 and with a residual or blended weight percent of U or Th of less than 0.05%;

2.1.2. Previously NRC-regulated radioactive wastes that have been authorized for disposal at non-NRC regulated disposal facilities.

2.2. LACW- Low Activity Commingled Waste- LARW commingled with RCRA Hazardous Waste (HW)

2.3. TENORM- Technologically Enhanced Naturally Occurring Radioactive Materials- These are non-regulated wastes whose radioactivity has been technologically enhanced usually by mineral extraction or processing activities. TENORM may include, but is not limited to:

2.3.1. unprocessed ores,

2.3.2. residuals of metal ore processing,

2.3.3. water treatment wastes,

2.3.4. radium processing wastes.

2.3.5. Note: All TENORM waste must have a residual or blended weight percent of Uranium and/or

Thorium (U/Th) less than 0.05%.

2.4. TENORM Comingled Waste- TENORM commingled with RCRA Hazardous Waste (HW)

2.5. AEA Regulated Waste- Waste regulated by the Atomic Energy Act of 1954 as amended. This includes but not limited to wastes classified under 10 CFR 61.55, as well as paragraphs 91b, and 11e.(1) through 11e.(4) of the AEA.

2.6. Debris- The Contractor (disposal facility) shall propose a specific definition for debris and shall identify limitations to this classification and the cost impacts of such limitations, as identified in the Bid Schedule, Schedule B.

2.7. RCRA Hazardous Waste- Includes hazardous waste identified in 40 CFR 261 (F-, K-, P- and U-listings) and/or characteristic waste in which the levels of residual radioactive materials have been determined to be indistinguishable from background levels.

2.8. Mixed Waste- Includes an AEA-regulated radioactive material waste stream that includes waste defined as hazardous by the Resource Conservation and Recovery Act (RCRA) at 40 C.F.R. 261.

2.9. Acceptance- The date the Contractor signs the manifest for the contracted waste.

2.10. Arrival- Either (1) the date that shipments are delivered at the Contractor's disposal facility by the carrier or (2) the date that, due to some inability on the part of the Contractor, a conveyance cannot be placed for loading or unloading at a point previously designated by the Contractor disposal facility and is placed elsewhere (constructive placement).

2.11. Carrier- The shipping company, trucking company, or railroad responsible for the transportation of the waste from the project Site to the Contractor's facility.

2.12. NWK-CT - US Army Corps of Engineers, Kansas City District (i.e., the Administering Office).

2.13. Consignee- The individual or organization to which waste is shipped (i.e., Contractor's disposal facility).

2.14. Consignor- The individual or organization shipping waste to a consignee (i.e., Contractor).

2.15. Constructive Placement- When, due to some inability on the part of the Contractor’s disposal facility, a conveyance cannot be placed for loading or unloading at a point previously designated by the consignee and is placed elsewhere. It is then considered as being under Constructive Placement and subject to demurrage, rules, charges, and specific damages as if it were actually placed at the designated point. This is considered arrival when constructive placement must be made due to the inability of the consignee (Contractor disposal facility) to allow shipments to be placed at the previously designated location.

2.16. Agreement Modification- Any written change in the terms of a agreement.

2.17. Contractor- The entity that presents a proposal for consideration by the government.

2.18. Ordering Officer- A person authorized to place calls under a BPA.

2.19. Contracting Officer's Representative (COR)- An individual appointed in writing by the Contracting

Officer to assist the Contracting Officer in the technical monitoring or administration of a contract or call.

The COR's authorities are limited by appointment letter. The COR does not have the authority to make any commitments or changes that affect contract line items, cost, schedule, quantities, delivery, or other terms and conditions of the contract and/or call, or allow for shipment of waste in excess of the call quantities and line items. See DFARS 201.602.

2.20. Conveyance - Any type of packaging used to ship waste including, but not limited to, intermodals, gondolas, railcars, containers, and trucks.

2.21. Customer- Any agency or Department of the US Government funded through civil or military appropriations utilizing this disposal agreement.

2.22. DFARS- the Defense Federal Acquisition Regulation Supplement, Code of Federal Regulations, Title 48, Parts 201 to 253.

2.23. Decontamination- Decontamination is the process whereby containers are cleaned to remove radioactivity.

The following decontamination levels are included in this agreement:

2.23.1. Empty container- the conveyance, vehicle, or container shall comply with 49 CFR 173.428.

2.23.2. Return to service - the conveyance, vehicle, or container shall comply with the applicable

Department of Transportation (DOT) standard (e.g., set forth in 49 C.F.R. 173.443a, 173.443c, 173.428, 172.514, 173.29) for the class of material shipped.

2.23.3. Unlimited or free release- residual contamination levels of the conveyance, vehicle, or container shall not exceed the specific values specified in the specific Call. This is more stringent and will render a conveyance suitable for use in other services, i.e., "free release" or "unlimited release."

2.24. Discovery- The date the Contractor actually opens and (identifies a non-conformance within a conveyance) inspects each conveyance. Discovery occurs in tandem with receipt.

2.25. Disposal Facility (DF)- The Contractor's waste disposal facility.

2.26. FAR- Federal Acquisition Regulation, Code of Federal Regulations, Title 48, Parts 1 to 53.

2.27. Non-conforming waste- Non-conforming waste shall mean waste that does not meet the Contractor's current Waste Acceptance Criteria requirements or approved waste profile record. The Contractor shall propose all conditions that would result in a waste being identified as "Non-conforming waste."

2.28. Receipt- The date that the receipt inspection is completed by the Contractor.

2.29. Release- The date after decontamination that the conveyance is made available to the carrier for pickup from the Contractor's disposal facility.

2.30. Remedial Action Contractor- The Customer's contractor at the point of waste generation that prepares the waste for shipment. The Remedial Action Contractor is under contract to the Government, though not necessarily to NWK-CT. NWK-CT is not responsible for the actions/statements/agreements/inferences of the remedial action contractor, or its subcontractors, shippers, or unauthorized government personnel.

2.31. Specific Damages- Refers to the costs incurred by the Customer/Government when conveyances are damaged or not timely returned under this call. Specific damages include, inter alia, standby costs of the Remedial Action Contractor, incremental rental costs, costs for equipment repair or replacement, demurrage, delay costs, demobilization, remobilization, and incremental labor and equipment costs incurred by the Government. Specific damages also include costs for container repair or other expenses incurred by the Customer or the Government.

2.32. Call- An order for services placed against an established BPA agreement. The Call order performance period shall not exceed 5 years.

2.33. Call Modification-A written change in the terms or conditions of a Call order. The Call order modification may be a unilateral or bilateral agreement.

2.34. USACE- The United States Army Corps of Engineers

2.35. Waste treated for RCRA characteristic- Waste treated for RCRA characteristic is waste that has had the hazardous constituent removed or stabilized in accordance with RCRA regulations.

3. Execution

3.1. Calls and Invoicing

3.1.1. The Ordering Official/Contracting Officer will determine which BPA line items are appropriate for each Call.

3.1.2. Calls shall be awarded using the line items and unit prices established on the BPA Price Sheet. The Call shall have a stated quantity of material, specific line items, level of decontamination required, Generator Site, total obligation of funds, and be signed by the Ordering Official/Contracting Officer.

3.1.3. Calls will be competed and awarded on the basis of total overall price to the Government. Including costs not associated with the disposal which include, but not limited to the transportation, required waste characterization, and any required permits.

3.1.4. Award of Calls under this agreement shall be at the discretion of the Ordering Official/Contracting Officer. Agreements awarded pursuant to this solicitation shall be considered for subsequent calls.

3.1.5. If during the course of shipment under a Call, the quantities or funding are within 10% of being exceeded, the Contractor shall be responsible for notifying the NWK Contracting Officer. Contractor shall immediately notify the Contracting Officer if a Customer requests that the Contractor receive or accept waste without proper line items, quantities, or funding on the call.

3.1.6. If the Contractor submits an invoice for quantities or types of waste that do not correlate to the amounts and types on the Call, mid any Modifications, then NWK-CT shall reject the invoice as defective.

3.1.7. A copy of the signed manifest will accompany Pay Estimates/Invoices submitted by the Contractor.

Failure to do so will render the invoice defective. Payment of the final invoice for a Call is contingent upon receipt of all certificates of conformance, manifests, Release of Claims, final call report, and any other documentation required by NWK-CT. Failure of the contractor to submit any of the required documentation shall render the invoice defective and not subject to Prompt Payment Act interest penalties.

3.1.8. The COR shall send the Contractor (with a copy to the Contracting Officer) a Notification of Defective Invoice within seven (7) calendar days of receipt of the defective invoice. The letter/notification shall state that the invoice is considered to be defective and that the interest penalty under the Prompt Payment Clause is suspended pending receipt of a non-defective invoice. The COR shall list the reason for defective invoice within this form.

3.1.9. The NWK Contracting Officer may appoint, in writing, an Ordering Official/COR for the base agreement or on specific Calls. The COR's authority will be limited to the authority granted in the appointment letter, which will be provided to the Contractor if a COR is appointed. The COR does not have the authority to make any commitments or changes that affect contract line items, cost, schedule, quantities, delivery, or other terms and conditions of the agreement and/or call, or allow for shipment of waste in excess of the call quantities and line items.

3.1.10. If a COR is appointed by the Contracting Officer, the COR will sign the invoice/payment estimate only after verification that the invoice/payment estimate includes the correct line items, quantities, unit prices and is accompanied by the Certificates of Disposal. At Call closeout and release of claims final invoices shall be signed by the Contracting Officer after conformance with the requirements for documentation for the final invoice.

3.1.11. NWK-CT shall process a closeout modification for each Call after all shipments have been made to the Contractor's disposal facility. Concurrence from the Customer of final quantities and acceptable container decontamination and release is required to complete this closeout modification.

The NWK Contracting Office shall coordinate communication between the Customer and the Contractor.

3.2. Waste Management Plan/Waste Acceptance Criteria

3.2.1. The Contractor shall execute the requirements of this agreement in accordance with applicable licenses, permits and authorizations.

3.2.2. The Contractor shall upon completion of waste disposal activities, maintain responsibility for short-term and long-term post-closure management in accordance with the Contractor's licenses and permits.

3.2.3. In accordance with Section 3.9, the Contractor shall provide copies of all forms that will be required from NWK-CT to enable the Contractor to implement its management plan. Review of the forms is required before the Government implements their use. It is the responsibility of the Contractor to ensure that any analytical results provided are acceptable and that the waste contaminants identified are in compliance with all applicable permits and licenses.

3.2.4. Changes to the applicable laws and regulations or to Contractor's permits and licenses require amendment to the agreement within 30 calendar days upon review by NWK-CT. If NWK-CT finds the revised plan acceptable, it shall incorporate the revised plan into the agreement by formal modification.

3.3. Waste Acceptance

3.3.1. Waste is considered to have arrived on the date that shipments are delivered at the Contractor's disposal facility by the Carrier. When constructive placement must be made due to an inability of the consignee (Contractor) to allow shipments to be dropped by the Carrier at the disposal facility, this is also considered arrival.

3.3.2. A total "turnaround" time will be proposed based on the schedule and requirements in each Call.

3.3.3. The Contracting Officer may include 52.211-11, "Liquidated Damages -- Supplies, Services, or

Research and Development", in BPA Calls when the Contracting Officer determines that liquidated damages are appropriate. For conveyances and/or containers that are not returned within the defined delivery schedule, as specified in the Call, the Government will be compensated based on the liquidated damages rate identified in 52.211-11. The BPA contractor will be given the details on a liquidated damages rate prior to the issuance of a BPA call.

3.3.4. The Contractor's proposal-defined records will be used to track and report on total turnaround times in order to form a basis for charges and/or damages to be paid by the Contractor.

3.4. Non-conforming Waste

3.4.1. Upon discovering nonconformity or noncompliance of delivered material that exceeds the limits set by the Contractor's Radioactive Materials License, WAC, or Waste Profile Record, the Contractor shall notify the Contracting Officer by email or letter of the non-conformance or noncompliance within 48 hours of the discovery.

3.4.2. The non-conforming waste notification shall include a description of why the waste is non-conforming, including photographs and/or analytical results that document the non-conformance.

This initial notification shall be followed, within 7 calendar days, by a written description of the steps required to make the waste conforming; the number of calendar days required to make the waste conforming; and a proposed cost for these services. The cost proposal shall include a complete breakout of all components.

3.4.3. At its sole option, the disposal facility may demand that the Government remove any non-conforming waste material from the disposal facility

3.5. Conveyance Decontamination

3.5.1. The 'base' disposal unit prices should not include decontamination costs. One of the decontamination line items shall be added to each Call for decontamination of gondolas, intermodals, and B-25 or smaller containers.

3.5.2. The types of decontamination contemplated under this agreement include "empty container," "return to service," and" unlimited release." If there are additional charges for decontamination of conveyances, the Contractor shall clearly indicate these costs in their price list.

3.5.3. The "unlimited release" standard may be required for all conveyances on a Call or just at the completion of a remedial action.

3.5.4. The Call shall clearly state the level of decontamination required.

3.6. Damaged conveyances

3.6.1. In the event that damage occurs to a conveyance after receipt by the Contractor, the Contractor shall be liable for the costs of repair or replacement of the conveyance.

3.6.2. In the event that damage occurs to a conveyance while being loaded by the remedial Action Contractor, the Remedial Action Contractor shall be liable for the costs of repair or replacement of the conveyance.

3.6.3. The Government, in its sole discretion, shall decide whether a damaged conveyance shall be repaired or replaced.

3.7. Weather

3.7.1. If weather conditions are so severe that the Contractor must suspend operations under its licenses, permits, or written operating policies, the Contractor shall notify the Contracting Officer within 48 hours and provide specific information to document the conditions requiring the suspension of operations. The notification shall contain a list of all conveyances, by call number, which is affected by the suspension of operations. If the notification is timely submitted, the Contracting Officer shall allow the Contractor one additional day turnaround time for release of decontaminated conveyances for each day of suspended operations.

3.8. Forms

3.8.1. The Government recognizes that the Contractor may wish to receive information from the Government related to the waste, including but not limited to waste profiles and scheduling information. The Contractor shall propose all forms, electronic and/or hard copy, necessary for the characterization of waste and for waste acceptance, handling, permanent disposal and decontamination of conveyances. However, the Government shall not be contractually bound by any form that is not specifically approved prior to its use. Contractor costs for review of all forms shall be included in unit costs.

3.8.2. If the Contractor's state license requires any specific forms, they shall be included and described in the Contractor's proposal. The forms shall not be binding unless approved by the Contracting Officer.

3.8.3. The Customer or the COR will complete all required manifests and provide a copy to the Contractor.

Manifests shall accompany all waste shipments and shall be used to confirm the delivery and receipt of the material for permanent disposal. The original signed manifest shall be returned to the COR (electronic submission preferred) once the Contractor accepts the waste shipment.

3.8.4. The Contractor is responsible for certification of all manifests and total management of their transportation and disposal procedures including scheduling, control, and reporting. Calls may include additional manifesting, transportation, and disposal requirements. Should a Call require the Contractor to have onsite personnel they shall be trained as per 49 CFR 172.700.

3.8.5. The Contractor shall not transport or ship any wastes prior to KO or COR approval of the Complete Manifest Package. The Government will make every effort to conduct the approval process within five (5) working days after the CO/COR receives the Complete Manifest Package. If the regulators are unavailable or extensive review of federal or state laws or regulations is required, the KO/COR will notify the Contractor as soon as possible. After the review process is completed, the KO/COR shall send to the Contractor the completed RAPID FORM 4025.

3.9. Reports: The contractor shall deliver to the Contracting Officer’s Representative (COR) the following reports electronically via email. Reporting costs will be included in the unit pricing.

3.9.1. A monthly report that accounts for all waste material received shall be submitted within ten (10) calendar days following the end of each month. This report shall include the volume of material handled from each site of origin. The report shall contain the following information for each month in which shipments were received:

3.9.1.1. Waste generator number

3.9.1.2. Shipment number

3.9.1.3. Volume received

3.9.1.4. Date of conveyance arrival

3.9.1.5. Date conveyance was released

3.9.1.6. Conveyances not accepted or non-conforming with reasons identified, including pertinent documents (i.e. manifests, analytical results, photos of non-compliant material)

3.9.1.7. The status of each conveyance as of report date

3.9.2. A final report for each Call shall be submitted within thirty (30) calendar days after completion of each call and shall include the following:

3.9.2.1. An accounting of all materials disposed.

3.9.2.2. Certification that all material was disposed in accordance with the Contractors licenses and permits.

3.9.2.3. Certification that conveyance decontamination was done in accordance with applicable regulations.

3.9.2.4. Final quantities received per line item

3.9.2.5. Any problems encountered (i.e. non-compliant shipments, and supporting documentation).

3.9.3. Within forty-eight (48) hours of receipt and discovery of non-conforming waste, the Contractor shall notify the Contracting Officer and Project Manager by email or letter of the non-conformance or non-compliance. The email shall be followed up with formal correspondence that is delivered to the Contracting Officer within seven days.

3.9.4. Within forty-eight (48) hours of a weather event that suspends operations at the Contractor's Waste Disposal Facility (suspension based on requirements of the license or permit), the Contractor must electronically notify the Contracting Officer of all affected conveyances, in accordance with section C.4.9 (c).

3.9.5. The Contractor shall provide the Contracting Officer, within ten (10) calendar days of receipt, copies of all Notices of Violation. This notice shall state reasons and include all pertinent documentation of the notice of violation.

3.9.6. The Contractor shall provide the Government with a Certificate of Disposal for each shipment of wastes. At a minimum, the certificate shall identify the waste container, the weight (tons) of waste received, any sample information obtained by the disposal facility, the location of disposal, and any additional information that may be required by Federal, State, and local laws and regulations.

3.9.7. Contractor shall return to the Customer/Government, a signed copy of the manifest(s) for each waste container accepted at the disposal facility.

4. Point of Contact for Notifications

All communications regarding execution of this agreement shall be made through the U.S. Army Corps of Engineers, Kansas City District Contracting Officer. Contact information will be provided at the time of award.

5. Safety and Health

5.1. Safety and Health Program

The Contractor performing specific Call requirements is required by regulation to develop and maintain a written safety and health program (SHP) in compliance with the requirements of OSHA standard 29 CFR

1920.120 (b)129 CFR 1926.65(b). Existing written safety and health programs are acceptable if they are modified to cover the criteria in EM 385-1-1.

5.2. Radiation Protection/Safety Program

The Contractor performing Call requirements is required by regulation to develop and maintain a written radiation protection program (RPP) similar to the requirements of OSHA 1910.1096[(d)(1), (2), (i)(3)] and the NRC standard 10 CFR 20.1101. Existing written radiation protection programs are acceptable if they are modified to cover the criteria in EM 385-1-1.

6. Project Management

6.1. Contractor shall designate a single contact, reachable by telephone, to respond to any unforeseen situation that may arise during normal working hours of 7:00 am – 5:00 p.m., Monday through Friday, during the performance of each Call.

6.2. Contractor may be required to provide a representative for each Call to provide practical consulting services and problem resolution during start-up. These services may include, but are not limited to:

providing a model bill of lading and manifest forms; advising on the switching of rail cars; review of material classification, weights, volumes, etc.; advising on installation of liners; and closure of intermodal containers. This effort is anticipated to only be necessary in the early stages of a Call.

6.3. Contractor shall provide final inspection criteria that will be reviewed and agreed upon by the

Customer/Government and used prior to shipment, to accept the loaded gondolas, intermodal units or other forms of container. Contractor shall then be responsible for the waste material from that point forward.

This final inspection is at the discretion of the Contractor and is not mandatory.

6.4. Contractor shall immediately notify (within 24 hours) Customer/Government upon learning of any potential or actual reportable incident that occurs during the handling of the waste material. Customer’s reporting telephone number shall be provided to Contractor in each Call.

7. Security

7.1. The Contractor shall maintain the site and all other Contractor controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area.

7.2. When work is performed on a Customer/Government Project site, the Contractor shall comply with all security requirements of that project.

7.3. When work is performed at a military installation the Contractor shall comply with all security requirements of that installation.

7.4. The Contractor will verify that a Security plan is not required per 49 CFR 172.800. If required the

Contractor shall notify the Customer/Government prior to transporting wastes.

7.5. Specific Calls may require the development of Security Plans.

8. Contractor Quality Control

Contractor Quality Control (CQC) is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the agreement. The control shall be adequate to cover all operations, including both on-site and off-site activities. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with governing regulations and agreement call requirements. The Contractor's quality control program shall include inspections and tests as described in the calls.

9. Relevant Statutes, Regulations and Publications

9.1. Atomic Energy Act (AEA) of 1954, as amended, mostly codified at 42 U.S.C.A. §§ 2014,2021 to 2021j, 2022, 2111, 2113, 2114.

9.2. Uranium Mill Tailings Radiation Control Act, (UMTRCA), Public Law 95-604, as amended, mostly codified at 42 U.S.C.A. §§ 7901-7942.

9.3. Resource Conservation and Recovery Act (RCRA), 42 U.S.C.A. §§ 6901 to 6992k, as amended.

9.4. Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42

U.S.C.A. §§ 9601 to 9675, as amended.

9.5. Code of federal Regulations, Title 49, Transportation, Parts 171 to 179.

9.6. Code of Federal Regulations, Title 10, Standards for Protection Against Radiation, Nuclear Regulatory

Commission (NRC), Pmt 20.

9.7. Code of Federal Regulations, Title 40, Standards for the Control of Residual Radioactive Materials from

Inactive Uranium Processing Sites, Part 192.

9.8. Code of Federal Regulations, Title 40, Protection of the Environment, Parts 260 to 268.

9.9. Code of Federal Regulations, Title 40, National Emissions Standard for Hazardous Air Pollutants for

Radionuclides, Part 61.

9.10. Code of Federal Regulations, Title 40, Maximum Contaminant Levels (includes certain Radionuclides), Part 141.

9.11. Code of Federal Regulations, Title 29, Safety and Health Standard, Parts 1910 (General Industry) and

1926 (Construction Industry), U.S. Department of Labor, Occupational Safety and Health Administration

(OSHA).

9.12. Federal Acquisition Regulation (FAR), Code of Federal Regulations, Title 48, Parts 1 to 53

9.13. Defense federal Acquisition Regulation Supplement (DF ARS), Code of Federal Regulations, Title 48, arts

201 to 253.

9.14. Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use, RC, 1976.

9.15. DOE Order 5400.5, Radiation Protection of the Public and the Environment, February 1990.

9.16. DOE Order 5820.2A, Radioactive Waste Management.

9.17. Standard Operating Safety Guidelines, U.S. Environmental Protection Agency (EPA), Environmental

Response Branch, Hazardous Response Support Division, Office of Emergency and Remedial Response.

9.18. Disposal of Naturally Occurring and Accelerator-Produced Radioactive Materials, EPA 402-K -94-001, August 1994, EPA.

9.19. Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health (NIOSH).

9.20. Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 (2003).

9.21. Corps of Engineers Engineering Manual EM 385-1-80, Radiation Safety, (1997)

9.22. Applicable regulations of State in which the radiological contaminated soil is being disposed.

9.23. Other laws, regulations or guidance as required by Contractor's license(s) or permit(s).

10. Inquiries/Questions. Prospective Offerors shall submit contracting and technical inquiries and questions concerning this Solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

10.1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key for this Solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click continue. From this page, you may view all bidder inquiries or add a new inquiry.

10.2. Offerors will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team.

10.3. Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected. Responses will apply to both MATOCs.

10.4. The Solicitation Number is: W912DQ-16-T-3000

10.5. The Bidder Inquiry Key is: C6TPXT-Q332S6

10.6. The Bidder Inquiry System will be unavailable for new inquiries after 4:00 PM Local Time on 30 December 2015.

10.7. Offerors are requested to review the Solicitation in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

10.8. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. Email to staff@rcesupport.com.

(End of Performance Work Statement)

TERMS AND CONDITIONS

Per the Federal Acquisition Regulation (FAR) 13.303-3(a), the following terms and conditions are mandatory:

1. Description of Agreement: The supplier shall furnish all services if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer) during the specified performance period (detailed in the Delivery Information Section) five (5) years and within the stipulated aggregate amount of SEVEN MILLION DOLLARS AND ZERO CENTS (BPA MAX $7,000,000.00).

2. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under the BPA.

3. Purchase Limitation: The dollar limitation for each individual call under this BPA is SEVEN MILLION DOLLARS AND ZERO CENTS (Call Limit $7,000,000.00).

4. Individuals Authorized to Purchase Under the BPA: The Ordering Officers authorized to place calls against this agreement are identified in Section G.

5. Delivery Tickets: All shipments under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

I. Name of supplier.

II. BPA number.

III. Date of purchase IV. Purchase number.

V. Itemized list of services furnished.

VI. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

VII. Date of delivery or shipment.

6. Invoices: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. Each invoice and/or invoice item (if more than one) will clearly state the BPA call number given by the ordering officer at the time of the call.

(End of Summary of Changes)