Utilizing DOE Low-Level & Mixed Low-Level Waste Disposal Contracts

 
 
 
Utilizing DOE Low Level / Mixed Low Level Waste
Disposal IDIQ Contracts and Treatment BOAs
 
Clare Rexroad
April 13, 2023
Office of Environmental Management, EMCBC
 
 
Background
 
EMCBC has two major acquisition vehicles for the purpose of
managing, treating, and disposing Low Level Waste and Mixed Low
Level wastes:
 
1.
DOE LLW/MLLW 
Disposal
 Services IDIQ
Contracts
2.
DOE LLW/MLLW 
Treatment
 Services Basic
Ordering Agreements
 
  
Eligible Users
 
Who is authorized to use disposal IDIQ and treatment BOAs?
All DOE Offices including NNSA, Laboratories, and Project Offices
All DOE Prime Contractors and Subcontractors to DOE Prime
Contractors performing environmental cleanup services for DOE.
Other users may be authorized by the CO on a case-by-case basis.
Inquiries may be directed to the administering CO.
 
 
 
 
Purpose
 
 
Scope includes disposal and treatment services of Class A, B, and C LLW,
MLLW, and other various waste types like: 11e(2) byproduct material,
technologically enhanced naturally occurring radioactive material
(TENORM), sealed sources, Toxic Substance Control Act (TSCA)-regulated
waste, and polychlorinated biphenyl (PCB) at permitted disposal and
treatment facilities.
 
Disposal IDIQ Contractors
 
Ordering Period:
April 12, 2018 to April 11, 2028
Period of Performance for each TO may be as
long as one year. All work must be completed
by April 11, 2029.
Note: Original 5-year Ordering period was extended from 2023 to 2028 via modification on March 16, 2023
 
IDIQ Definition
 
Indefinite Delivery Indefinite Quantity Contract Defined: 
(FAR
16.504)
 “An indefinite-quantity contract provides for an indefinite quantity,
within stated limits, of supplies or services during a fixed period.
The Government places orders for individual requirements.
Quantity limits may be stated as number of units or as dollar
values.”
 
An IDIQ Contract contains both terms and conditions AND pricing
 
Disposal IDIQ Work Scope by
Contractor
 
Disposal:
 
 
Fair Opportunity
 
Fair Opportunity shall be given to all IDIQ holders when placing a new
Order greater than $3,500 against the Disposal IDIQs.
If Fair Opportunity is 
not
 given, an exception from clause H.3(c) must
be justified in writing according to local procedure and signed by the
cognizant Contracting Officer.
Fair Opportunity procedures shall be in accordance with FAR 16.505,
and with local contracting procedure.
To ensure Fair Opportunity is given, an ombudsman has been
established.
See Clause H.3 for full Fair Opportunity procedure.
For questions on Fair Opportunity, contact the EMCBC IDIQ ACO.
 
Pricing and Contract Type
 
Pricing schedules for the Disposal IDIQ contract vehicles are located
within the contract documents, at 
EMCBC - Prime Contracts (doe.gov)
Ancillary services may be priced outside of schedule. Notable examples
are transportation, packaging non-compliance, etc. This doesn’t
include interim waste storage.
Ancillary Services can only be used when the Task Order contains one
or more of the disposal items. Task Orders cannot be made with just a
requirement for Ancillary Services only.
Allows for firm-fixed price orders and subcontracts.
 
Ordering Procedure for Disposal IDIQs
 
 
1.
User/Site determine requirements and record in a Statement of Work (SOW)
2.
Review Section H.3 of the contract, entitled 
Task Ordering Procedures
3.
Government Users
: provide the Draft RTP or TO, including SOW to the IDIQ ACO
for scope determination
4.
Contractor Users
:
a)
Send requirements and request for concurrence to your Local site/Prime
Contractor CO
b)
DOE Prime CO concurs (may be via e-mail or official letter)*
c)
Contractor user or Prime CO sends concurrence, along with Draft RTP or TO,
including SOW, to Disposal IDIQ ACO for scope determination
5.
Disposal IDIQ ACO provides response authorizing use and confirming SOW is
in-scope
6.
Award Task Order
7.
Ensure IDIQ ACO and Ombudsman are copied on final Task Order Award
 
*Prime CO concurrence may be given for each task order individually or on a permanent/blanket basis,
at the CO’s discretion.
 
 
 
 
 
 
 
Treatment BOA Holders and
Contract Numbers
 
Ordering Period: December 3, 2020 through
December 2, 2025
Performance may extend up to December 2, 2026
 
BOA Definition
 
Basic Ordering Agreement Defined: 
(FAR 16.703)
 “A written instrument of understanding, negotiated between an
agency, contracting activity, or contracting office and a contractor,
that contains;
 
 (1) terms and clauses applying to future contracts (orders)
between the parties during its term,
 
(2)a description, as specific as practicable, of supplies or
services to be provided, and
 
(3) methods for pricing, issuing, and delivering future
orders under the basic ordering agreement.
 
A basic ordering agreement is 
not a contract
.
It does not contain pricing.
 
Work Scope
 
Treatment:
 
 
Fair Opportunity
 
Fair Opportunity shall be given to all BOA holders when placing a new
Order greater than $3,500 against the Treatment BOAs.
If Fair Opportunity is 
not
 given, an exception from clause H.10(d) must
be justified in writing according to local procedure and signed by the
cognizant site Contracting Officer.
Fair Opportunity procedures shall be in accordance with FAR 16.505,
and with local contracting procedure.
See Clause H.10 for full Fair Opportunity Procedure.
To ensure Fair Opportunity is given, an ombudsman has been
established.
Questions regarding Fair Opportunity may be directed to the
Treatment BOA Manager.
 
  
Agreement Terms
 
Ancillary services includes interim storage, transportation services,
report writing, data analysis, use of IDIQ disposal contracts, disposal at
DOE-owned facilities and more.
Allows access to the DOE LLW MLLW Disposal Services IDIQs and
allows for multiple disposal option scenarios (including at DOE owned
facilities) with associated costs and schedules to be proposed.
There is NO pre-established pricing in the BOA: pricing shall be
negotiated by the user on a Task Order basis
Evaluation shall be based on Lowest Price Technically Acceptable
(LPTA)
 
Ordering Procedure for Treatment BOAs
 
1.
User/Site determine requirements and record in a Statement of Work (SOW)
2.
Review Section H.10 of the BOAs, entitled 
Task Ordering Procedures
3.
Government Users
: provide the Draft RTP or TO, including SOW to the EMCBC
Treatment BOA Manager for scope determination
4.
Contractor Users
:
a)
Send requirements and request for concurrence to your Local site/Prime
Contractor CO
b)
DOE Prime CO concurs (may be via e-mail or official letter)*
c)
Contractor user or Prime CO sends concurrence, along with Draft RTP or TO,
including SOW, to EMCBC Treatment BOA Manager for scope determination
5.
EMCBC Treatment BOA Manager provides response authorizing use and
confirming SOW is in-scope
6.
Award Task Order
7.
Ensure EMCBC Treatment BOA Manager and Ombudsman are copied on final
Task Order Award
 
*Prime CO concurrence may be given for each task order individually or on a permanent/blanket basis,
at the CO’s discretion
 
Contract Documents
 
www.emcbc.doe.gov/about/primecontracts
 
Full text of all LLW/MLLW Disposal IDIQs and Treatment
BOAs is available at the EMCBC Prime Contracts
webpage (scroll down to the appropriate title):
 
Available Resources
 
Other Available Resources:
 
https://www.emcbc.doe.gov/
http://energy.gov/management/strategic-sourcing
http://energy.gov/em/services/waste-management
https://www.directives.doe.gov/
 
Points of Contact
 
Disposal IDIQ Contracting Officer/Treatment BOA Manager
:
  
Clare Rexroad
  
clare.rexroad@@emcbc.doe.gov
  
513-317-3594
 
Contracting Officer Representative
:
  
Lee Bishop
  
lee.bishop@em.doe.gov
    
  
505-606-1804
Ombudsman
:
  
Heinrich (Henry) Erbes
 
     
 
Heinrich.Erbes@em.doe.gov
  
301-903-3055
Slide Note

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EMCBC manages disposal and treatment contracts for Low-Level Waste (LLW) & Mixed Low-Level Waste (MLLW). Eligible users include DOE offices, prime contractors, and subcontractors. Services cover various waste types including radioactive materials, sealed sources, and TSCA-regulated waste. Specific contractors like EnergySolutions and Waste Control Specialists handle disposal through IDIQ contracts. The scope includes Class A, B, and C LLW/MLLW disposal. IDIQ contracts offer indefinite quantity within fixed periods.

  • DOE
  • Waste Disposal
  • Low-Level Waste
  • Treatment Services
  • IDIQ Contracts

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  1. Utilizing DOE Low Level / Mixed Low Level Waste Disposal IDIQ Contracts and Treatment BOAs Clare Rexroad April 13, 2023 Office of Environmental Management, EMCBC www.energy.gov/EM 1

  2. Background EMCBC has two major acquisition vehicles for the purpose of managing, treating, and disposing Low Level Waste and Mixed Low Level wastes: 1. DOE LLW/MLLW Disposal Services IDIQ Contracts 2. DOE LLW/MLLW Treatment Services Basic Ordering Agreements www.energy.gov/EM 2

  3. Eligible Users Who is authorized to use disposal IDIQ and treatment BOAs? All DOE Offices including NNSA, Laboratories, and Project Offices All DOE Prime Contractors and Subcontractors to DOE Prime Contractors performing environmental cleanup services for DOE. Other users may be authorized by the CO on a case-by-case basis. Inquiries may be directed to the administering CO. www.energy.gov/EM 3

  4. Purpose Scope includes disposal and treatment services of Class A, B, and C LLW, MLLW, and other various waste types like: 11e(2) byproduct material, technologically enhanced naturally occurring radioactive material (TENORM), sealed sources, Toxic Substance Control Act (TSCA)-regulated waste, and polychlorinated biphenyl (PCB) at permitted disposal and treatment facilities. www.energy.gov/EM 4

  5. Disposal IDIQ Contractors IDIQ Contractor Contract Number EnergySolutions LLC 89303318DEM000005 Waste Control Specialists LLC 89303318DEM000004 Ordering Period: April 12, 2018 to April 11, 2028 Period of Performance for each TO may be as long as one year. All work must be completed by April 11, 2029. Note: Original 5-year Ordering period was extended from 2023 to 2028 via modification on March 16, 2023 www.energy.gov/EM 5

  6. IDIQ Definition Indefinite Delivery Indefinite Quantity Contract Defined: (FAR 16.504) An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements. Quantity limits may be stated as number of units or as dollar values. An IDIQ Contract contains both terms and conditions AND pricing www.energy.gov/EM 6

  7. Disposal IDIQ Work Scope by Contractor Disposal: Work Scope Contractor Class A LLW/MLLW Disposal EnergySolutions Waste Control Specialists Class B LLW / MLLW Disposal Waste Control Specialists Class C LLW / MLLW Disposal Waste Control Specialists 11e(2) byproduct Material EnergySolutions TENORM EnergySolutions Ancillary Services (High Dose Rate and Very High Dose Rate) EnergySolutions Waste Control Specialists Sealed Sources Waste Control Specialists www.energy.gov/EM 7

  8. Fair Opportunity Fair Opportunity shall be given to all IDIQ holders when placing a new Order greater than $3,500 against the Disposal IDIQs. If Fair Opportunity is not given, an exception from clause H.3(c) must be justified in writing according to local procedure and signed by the cognizant Contracting Officer. Fair Opportunity procedures shall be in accordance with FAR 16.505, and with local contracting procedure. To ensure Fair Opportunity is given, an ombudsman has been established. See Clause H.3 for full Fair Opportunity procedure. For questions on Fair Opportunity, contact the EMCBC IDIQ ACO. www.energy.gov/EM 8

  9. Pricing and Contract Type Pricing schedules for the Disposal IDIQ contract vehicles are located within the contract documents, at EMCBC - Prime Contracts (doe.gov) Ancillary services may be priced outside of schedule. Notable examples are transportation, packaging non-compliance, etc. This doesn t include interim waste storage. Ancillary Services can only be used when the Task Order contains one or more of the disposal items. Task Orders cannot be made with just a requirement for Ancillary Services only. Allows for firm-fixed price orders and subcontracts. www.energy.gov/EM 9

  10. Ordering Procedure for Disposal IDIQs 1. 2. 3. User/Site determine requirements and record in a Statement of Work (SOW) Review Section H.3 of the contract, entitled Task Ordering Procedures Government Users: provide the Draft RTP or TO, including SOW to the IDIQ ACO for scope determination Contractor Users: a) Send requirements and request for concurrence to your Local site/Prime Contractor CO b) DOE Prime CO concurs (may be via e-mail or official letter)* c) Contractor user or Prime CO sends concurrence, along with Draft RTP or TO, including SOW, to Disposal IDIQ ACO for scope determination Disposal IDIQ ACO provides response authorizing use and confirming SOW is in-scope Award Task Order Ensure IDIQ ACO and Ombudsman are copied on final Task Order Award 4. 5. 6. 7. *Prime CO concurrence may be given for each task order individually or on a permanent/blanket basis, at the CO s discretion. www.energy.gov/EM 10

  11. Treatment BOA Holders and Contract Numbers BOA Holder BOA Number EnergySolutions LLC 89303321GEM000016 Perma-Fix Environmental Services Inc 89303321GEM000017 Unitech Services Group Inc 89303321GEM000018 VNS Federal Services LLC 89303321GEM000019 Waste Control Specialists LLC 89303321GEM000020 Ordering Period: December 3, 2020 through December 2, 2025 Performance may extend up to December 2, 2026 www.energy.gov/EM 11

  12. BOA Definition Basic Ordering Agreement Defined: (FAR 16.703) A written instrument of understanding, negotiated between an agency, contracting activity, or contracting office and a contractor, that contains; (1) terms and clauses applying to future contracts (orders) between the parties during its term, (2)a description, as specific as practicable, of supplies or services to be provided, and (3) methods for pricing, issuing, and delivering future orders under the basic ordering agreement. A basic ordering agreement is not a contract. It does not contain pricing. www.energy.gov/EM 12

  13. Work Scope Treatment: Work Scope Contractor All Class A, B, and C LLW Treatment Services EnergySolutions Perma-Fix Unitech VNS Federal Services Waste Control Specialists Bulk Survey for Release Services EnergySolutions Perma-Fix Unitech Alternative Disposition Strategies (Recycle/Reuse) EnergySolutions Perma-Fix Low Activity Waste Services Perma-Fix Unitech Waste Control Specialists Ancillary Services All www.energy.gov/EM 13

  14. Fair Opportunity Fair Opportunity shall be given to all BOA holders when placing a new Order greater than $3,500 against the Treatment BOAs. If Fair Opportunity is not given, an exception from clause H.10(d) must be justified in writing according to local procedure and signed by the cognizant site Contracting Officer. Fair Opportunity procedures shall be in accordance with FAR 16.505, and with local contracting procedure. See Clause H.10 for full Fair Opportunity Procedure. To ensure Fair Opportunity is given, an ombudsman has been established. Questions regarding Fair Opportunity may be directed to the Treatment BOA Manager. www.energy.gov/EM 14

  15. Agreement Terms Ancillary services includes interim storage, transportation services, report writing, data analysis, use of IDIQ disposal contracts, disposal at DOE-owned facilities and more. Allows access to the DOE LLW MLLW Disposal Services IDIQs and allows for multiple disposal option scenarios (including at DOE owned facilities) with associated costs and schedules to be proposed. There is NO pre-established pricing in the BOA: pricing shall be negotiated by the user on a Task Order basis Evaluation shall be based on Lowest Price Technically Acceptable (LPTA) www.energy.gov/EM 15

  16. Ordering Procedure for Treatment BOAs 1. 2. 3. User/Site determine requirements and record in a Statement of Work (SOW) Review Section H.10 of the BOAs, entitled Task Ordering Procedures Government Users: provide the Draft RTP or TO, including SOW to the EMCBC Treatment BOA Manager for scope determination Contractor Users: a) Send requirements and request for concurrence to your Local site/Prime Contractor CO b) DOE Prime CO concurs (may be via e-mail or official letter)* c) Contractor user or Prime CO sends concurrence, along with Draft RTP or TO, including SOW, to EMCBC Treatment BOA Manager for scope determination EMCBC Treatment BOA Manager provides response authorizing use and confirming SOW is in-scope Award Task Order Ensure EMCBC Treatment BOA Manager and Ombudsman are copied on final Task Order Award 4. 5. 6. 7. *Prime CO concurrence may be given for each task order individually or on a permanent/blanket basis, at the CO s discretion www.energy.gov/EM 16

  17. Contract Documents Full text of all LLW/MLLW Disposal IDIQs and Treatment BOAs is available at the EMCBC Prime Contracts webpage (scroll down to the appropriate title): www.emcbc.doe.gov/about/primecontracts www.energy.gov/EM 17

  18. Available Resources Other Available Resources: https://www.emcbc.doe.gov/ http://energy.gov/management/strategic-sourcing http://energy.gov/em/services/waste-management https://www.directives.doe.gov/ www.energy.gov/EM 18

  19. Points of Contact Disposal IDIQ Contracting Officer/Treatment BOA Manager: Clare Rexroad clare.rexroad@@emcbc.doe.gov 513-317-3594 Contracting Officer Representative: Lee Bishop lee.bishop@em.doe.gov 505-606-1804 Ombudsman: Heinrich (Henry) Erbes Heinrich.Erbes@em.doe.gov 301-903-3055 www.energy.gov/EM 19

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