B.08.02 Synpopsis_Solicitation_W912DQ24R3009_RWD BPA_Final_25Jan2024.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ24R3009 25-Jan-2024

b. TELEPHONE NUMBER

(816) 389-2133

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 Feb 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HEATHER SCOTT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

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

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

816-389-2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

562211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DQ24R3009

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotations are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ24R3009 and it is being issued as a Request for Quotation

(RFQ).

Quotations are due on February 15, 2024 at 12:00 PM Central Standard Time. Quotations shall be submitted in PDF via e-mail to the Contract Specialist, Heather Scott at heather.a.scott@usace.army.mil. All quotations must be good for at least 180 days from offer due date.

If you have any questions, please contact Heather Scott via email at heather.a.scott@usace.army.mil, or by phone at 816-389-2133.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-06.

This synopsis/solicitation will be awarded using full and open competition under the associated North American Industry Classification system (NAICS) code is 562211 “Hazardous Waste Treatment and Disposal” and the business size standard is $47,000,000.00.

Product/Service Code: F108 – Environmental Systems Protection - Environmental Remediation

Description of Services Required: The U.S. Army Corps of Engineers Kansas City District has a need for disposal services for radioactive materials and waste generated at various sites throughout the nation. The vendor must possess and maintain a license or permit and be approved by USACE for disposal of various types of radioactive waste. The vendor shall comply with all Federal, state, and local laws, ordinances, statutes and regulations pertaining to the provided services.

The government intends to award multiple Blanket Purchase Agreement’s (BPAs) from this combined synopsis/solicitation to the vendors whose quotations are the most advantageous to the government, considering price and, as applicable, technical qualifications. Specifically, the government will review the vendor’s pricing to determine whether it provides a fair and reasonable price for the items submitted and, as applicable, will review the technical information submitted to determine whether the services offered satisfy the requirements identified in the solicitation.

Place of Contract Performance: Selected Vendor’s Disposal Facility

Far 52.212-1, Instructions to Offerors – Commercial Items does apply to this acquisition with addenda to the provision and is located in Section L of this combined synopsis/solicitation.

Far 52.212-2, Evaluation - Commercial Items does not apply to this acquisition. See Section M of this combined synopsis/solicitation for information regarding the evaluation of quotations.

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items, does apply to this acquisition with addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

mailto:heather.a.scott@usace.army.mil mailto:heather.a.scott@usace.army.mil

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, does apply to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management (SAM).

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website, you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

If you have questions about Government procurements in general or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/.

https://sam.gov/ https://sam.gov/ http://www.aptac-us.org/sam-%20registration/ http://www.aptac-us.org/sam-%20registration/

Section B - Supplies or Services and Prices

PRICE LIST

PRICE LIST

Waste Type 0 to 100 tons 101 to 1,000 tons 1,001 to 10,000 tons 10,001+ tons

AEA Regulated

LARW

LACW

TENORM

TENORM Comingled

Mixed (AEA and

RCRA)

RCRA

Price list to include the services and associated unit prices for all work in support of waste disposal as detailed in the Performance Work Statement. Interested vendors that can provide ancillary services, to include transportation services and treatment, are encouraged to include those prices in their price lists as well.

Section C - Descriptions and Specifications

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 (KO) during the specified performance period, not to exceed 5 years from the date of award of the base agreement.

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

3. Purchase Limitation: The total maximum capacity of the BPA shall not exceed $49.9 million. The total dollar limitation for each individual Call under this BPA is $7.5 Million.

4. Individuals Authorized to Purchase Under the BPA: Any Procuring Contracting Officer (PCO) within the USACE, Kansas City District.

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

a. Name of supplier.

b. BPA number.

c. Date of purchase

d. Purchase number.

e. Itemized list of services furnished.

f. 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).

g. Date of delivery or shipment.

6. Invoices: A summary invoice shall be submitted at least monthly. A copy of the signed shipping papers, and Certificates of Disposal will accompany Pay Estimates/Invoices submitted by the Contractor. If the Contractor invoices based on certified scales at the disposal facility, weight tickets that correlate to the shipping papers must also be provided. Failure to do so will render the invoice defective. Each invoice must also clearly state the BPA call number, the contractor name and address that matches the information in SAM, and the total amount being invoiced.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMNT

1. General

1.1 Agreement Procurement Objectives and Overview

The Blanket Purchase Agreement (BPA) for Radiological Waste Disposal (RWD) will be for radiological waste disposal services in support of the U.S. Army Corps of Engineers (USACE) and its customers located in USACE assigned mission areas. The BPAs will be awarded to contractors owning disposal facilities 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 ancillary tasks such as disposal of comingled RCRA hazardous waste materials, transportation, material handling and packaging, and treatment.

Work will be executed under BPA Calls using Performance Work Statements (PWSs) specific to that particular Call. Each individual Call will define the specific requirements of the contractor. The description of work stated herein provides a general understanding of the contractor functions to be performed. All Calls placed are subject to the terms of the base agreement.

Work under this BPA will be in accordance with all applicable, relevant, and appropriate Federal, State, and local laws and regulations. The Contractor shall be solely responsible for all its actions and inactions from acceptance of the waste materials at the project site.

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, a disposal facility 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 its 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 its 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 waste materials, as defined in section 2.

Waste material can be in the form of soil, liquid, 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 receipt forward (drayage). Wastes and containers will be specified in the specific Call.

As applicable to Calls that include transportation, trans-loading of materials containerized in appropriate Department of Transportation (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., repackaging, 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. The contractor’s technical quote 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.

Atomic Energy Act (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 other regulated and very limited volumes of 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 Contractor’s waste acceptance criteria, in an appropriate waste cell based on disposal licenses or permits, for waste received from any site.

The Contractor shall directly provide disposal services in accordance with this PWS and the PWS issued with each individual Call.

The BPA unit prices (Section B) 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 (e.g., drayage) 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 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 Price List in Section 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 Date- The date the Contractor signs the shipping paper for the contracted waste.

2.10 Arrival- Either (1) the date that shipments are delivered at point of receipt 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 CECT-NWK - US Army Corps of Engineers, Kansas City District Contracting Office (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.

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 an agreement.

2.17 Contractor- The entity owning a disposal facility that presents a quote 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.

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 and must be documented accordingly. 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 2.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 waste disposal facility owned by the Contractor.

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 or shipping record.

The Contractor shall propose additional conditions that would result in a waste being identified as "Non-conforming waste."

2.28 Receipt- The date that the receipt inspection is completed. For shipments outgoing from the project, receipt is by the Contractor. For shipments incoming (e.g., empty containers) to the project, receipt is by the Government or their designee.

2.29 Release- The date that the conveyance is made available to the carrier for pickup. This is either after decontamination from the Contractor's disposal facility or after loading at the project site.

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 CECT-NWK. CECT-NWK 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 due to the action or inaction of the BPA holder under Calls awarded. Specific damages include, inter alia, standby costs of the Remedial Action Contractor, incremental rental costs, costs for equipment repair or replacement, 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 Title/Ownership - Unless specified otherwise in a Call or if material is determined at any time to be non-conforming waste, title of the waste material will pass to Contractor at the point of receipt.

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

2.34 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.

2.35 USACE- The United States Army Corps of Engineers

2.36 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 Price List in Section B. 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 with consideration of total overall price to the Government. Including costs not associated with the Call which may 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 KO. 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 KO. The Contractor shall also 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, or includes errors and omissions, the Invoice will be rejected.

3.1.7 A copy of the signed shipping papers, and Certificates of Disposal will accompany Pay Estimates/Invoices submitted by the Contractor. If the Contractor invoices based on certified scales at the disposal facility, weight tickets that correlate to the shipping papers must also be provided. Failure to do so will render the invoice defective. Each invoice must also clearly state the BPA Call number, the Contractor name and address that matches the information in SAM.gov, and the total amount being invoiced. Payment of the final invoice for a Call is contingent upon receipt of all certificates of disposal, shipping papers, Release of Claims, final Call report, and any other documentation required by CECT-NWK. 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 or PM shall send the Contractor a Notification of Defective Invoice within seven

(7) calendar days of receipt of the defective invoice. The letter/notification will 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. If a COR is appointed by the KO, the COR will sign the invoice/payment estimate only after verification that the invoice/payment estimate includes all items listed in 3.1.7 above, the correct line items, quantities, and unit prices. At Call closeout and release of claims, final invoices shall be signed by the KO after conformance with the requirements for documentation for the final invoice.

3.1.9 Each individual Call will be closed out 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 will 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 The Contractor shall provide copies of all forms as identified in section 3.8.1 that will be required to accept waste. 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 Pending changes to the applicable laws and regulations or to Contractor's permits and licenses should be communicated to USACE as soon as practicable and must be communicated to USACE within 30 calendar days of the change going into effect.

3.3 Waste Receipt

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

Call.

3.3.2 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.

3.3.3 The Contractor's quote-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 non-conforming waste, the Contractor shall notify the KO and Project

Manager 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 quote shall include a complete breakout of all components.

3.4.3 In the event of a non-conformance the Contractor shall propose all available solutions that may result in the waste becoming compliant. If no other solution that is acceptable to both parties is found, the Government will remove any non- conforming waste material from the disposal facility.

3.5 Container/Conveyance Decontamination

3.5.1 The 'base' disposal unit prices should not include decontamination costs. Decontamination will be a line item 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." The Call shall clearly state the level of decontamination required.

3.5.3 In response to each RFQ the Contractor will provide one of two statements: (1) a certification statement that the equipment is free from contamination and can be loaded with Class 7, Class 9, or DOT exempt materials; OR (2) a statement that equipment can be loaded with Class 7, Class 9, or DOT exempt materials, are dedicated to the transport of radioactive substances, and the Government is released from all claims and damages related to decontamination or from contamination on equipment surfaces.

3.5.4 If there are additional charges for decontamination of conveyances, the Contractor shall clearly indicate these costs in their price list.

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

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 (BPA) Contractor is not liable for the costs of repair or replacement of the conveyance.

3.6.3 The Government, in its sole discretion, will decide whether a damaged conveyance will 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 KO 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 KO will 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 must 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 and use of all forms must be included in unit costs, Price List in Section B.

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

3.8.3 The Customer or the COR will complete all required shipping papers and provide a copy to the Contractor. Shipping papers must accompany all waste shipments and shall be used to confirm the delivery and receipt of the material for permanent disposal. The signed shipping paper must 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 shipping papers and total management of their transportation and disposal procedures including scheduling, control, and reporting.

Although this BPA is for disposal services, Calls may include additional manifesting, transportation, and disposal requirements. Should a Call require the Contractor to have onsite personnel they must be trained as per 49 CFR 172.700.

3.8.5 Should transportation be required under a Call the Contractor shall not transport or ship any wastes prior to Government approval of the complete shipping paper package. The Government will make every effort to conduct the approval process within five (5) working days after receiving the complete shipping paper 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.

3.9 Reports

3.9.1 The Government may request on a per Call basis a monthly report that accounts for all waste material received. The report may 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., shipping papers, analytical results, photos of non-compliant material)

3.9.1.7 The status of each conveyance as of report date

3.9.2 The Government may request a final report for each Call to 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 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.

3.9.4 The Contractor shall provide the Government with each invoice 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.

3.9.5 The Contractor shall provide the Government with each invoice a signed copy of the shipping paper(s) for each waste container accepted at the disposal facility.

4. Point of Contact for Notifications

4.1 All communications regarding execution of this agreement shall be made through the

U.S. Army Corps of Engineers, Kansas City District KO. Contact information will be provided at the time of award.

5. Safety and Health

5.1 If the Contractor or their subcontractor is required to be on-site at the project for any reason they are required to review, sign, and follow the prime contractor’s site safety and health plan. If there is no prime contractor, the RWD BPA Contractor may be required to prepare a safety and health plan.

6. Project Management

6.1 Contractor must designate a single contact, reachable by telephone, to respond to any unforeseen situation that may arise during normal working hours 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 model shipping paper 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 must 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.

7.6 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

7.7 Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

7.8 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

7.9 Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

7.10 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

8. Contractor Quality Control

8.1 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 CQC must be adequate to cover all operations, including both on-site and off-site activities. The Contractor is responsible for quality control and must establish and maintain an effective quality control system. The quality control system must 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 must include inspections and tests as described in each individual Call.

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

9.13 Defense Federal Acquisition Regulation Supplement (DFARS), 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 (2014).

9.21 Corps of Engineers Engineering Manual EM 385-1-80, Radiation Protection, (2013)

9.22 Applicable regulations of State in which the radiological…