Hazardous Waste Removal

In accordance with (IAW) FAR 13.106-1(b), Clean Venture Inc. is the only one source reasonably available to meet NIST's requirements. The NIST Gaithersburg Site is a large-quantity generator of hazardous waste (as designated by the U.S. EPA and the Maryland Dept of the Environment (MDE)). NIST's waste chemicals generally consist of spent or surplus laboratory chemicals, used oils, machining coolants, grinding coolants, paint shop waste, batteries, polychlorinated biphenyl capacitors and transformers, and mercury contaminated items. NIST does not own or operate an EPA permitted Part A or B Treatment, Storage, Disposal or Recycling Facility (TSDRF). NIST operates a waste management facility that serves as an interim, containerized, storage area for hazardous and nonhazardous waste chemicals. The accumulation period at this facility cannot exceed 90 days for hazardous wastes. NIST requires a licensed/permitted contractor to transport wastes, and perform the functions of treatment, storage, disposal and recycling at the contractor's facilities in accordance with applicable local, state, federal codes, statutes, and regulations. The incumbent Contractor informed NIST on April 27-28, 2015 that: 1. The last three shipments of NIST's hazardous waste (12/14, 3/15 and 4/15) had not been properly disposed. 2. The Contractor is going out of business, and as of 4/27/15, could no longer provide NIST's required hazardous waste services. An emergency contract is required by NIST to immediately provide hazardous waste services for the following reasons: 1. NIST is an EPA designated large quantity generator of hazardous waste. Hazardous waste is generated continuously at NIST facilities and must be routinely disposed in order to keep NIST facilities functioning safely and in compliance with federal and state regulations. 2. IAW federal/state regulations, hazardous waste currently stored on site must be shipped out of the NIST site within 90 days of its initial accumulation. Consequently, some wastes must be shipped out by June 3, 2015, lest NIST be subject to regulatory violations and fines. 3. The 3 shipments not properly disposed still remain the responsibility of NIST. IAW federal regulations, NIST retains liability for the hazardous waste regardless of problems with the Contractor and must dispose of this waste in a timely manner to avoid regulatory violations and fines. Clean Venture, Inc. is the only source determined to be reasonably available for the following reasons: 1. Clean Venture is a known entity in the Hazardous Waste Management Industry with a strong compliance record and a fully staffed office in Baltimore, MD. 3. For the past eight years, much of NIST's waste has been disposed at Clean Venture Disposal Facilities through subcontracts from the incumbent contractor. Consequently, Clean Venture is familiar with NIST wastes and has processes in place for the waste disposal. A new Disposal Contractor would need to conduct a lengthy review of NIST wastes. 4. NIST hazardous waste currently pending disposal has been delivered by the incumbent contractor to a Clean Venture Disposal Facility for disposal. In order for another Hazardous Waste Contractor to dispose of this waste, NIST would need to incur the additional cost, schedule delays, and risk required for the hazardous waste to be transported back to NIST, and then to another facility for disposal. These additional costs, schedule delays, and risk would prevent another contractor from being reasonable available to perform the requirements.