0.0 GUAM_COMMERCIAL SCRAP TIRE DISPOSAL_PWS_UPDATED 20200416.docx

PERFORMANCE WORK STATEMENT FOR

COMMERCIAL SCRAP TIRE DISPOSAL

1.0 INTRODUCTION: Defense Logistics Agency (DLA) Disposition Services has commercial scrap tires which requires removal, recycling and/or final disposal. Government estimates there is approximately 100,000 lbs of commercial scrap tires currently at Disposition Services Guam that requires immediate removal within 45 days of contract award with another 100,000 lbs throughout the contract base period. All other removals will be performed within 14 days of issuance of Task Order. The Government estimates that there will be approximately 100,000 lbs of commercial scrap tires accumulated in a one year (365 day) period that needs to be removed. Commercial scrap tires include ground vehicular tires, solid and pneumatic tires from passenger vehicles, pneumatic tires from heavy equipment, solid and pneumatic tires from industrial equipment, solid and pneumatic tires from agricultural equipment, bias ply or steel belted used tires (see Attachment 01).

1.1 PERIOD OF PERFORMANCE: Period of Performance will be one, 12-month base period and four, 12-month option periods totaling five – 12-month periods. Removals will occur 14 days after Task Order issuance and during normal USG working days, as applicable for the site(s) on the task order, with specific office hours available from the COR on the task order, except for Federal Holidays. Work that cannot be completed by close-of-business for the task order site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation.

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

1.2 INDEMNIFICATION: Upon receipt or removal of items from the US Government installation the contractor assumes full accountability and physical custody of such items. The Government assumes no liability for damage to the property of the contractor, to the property of any person, or public property or for the personnel injuries, illness, disabilities or death to the contractor, contractor’s employees and any other person subject to the contactor control or any other person including members of the general public; caused in whole or in part by (a) the contractor’s breach of any term or provision of this contract; or (b) any negligent or will-full act or omission of the contractor, its employees or subcontractors in the performance of this contract. The contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violations of RCRA, CERCLA or any similar state enforcement programs under which the Government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other request for monies or any other type of relief arising from or incident to the processing, transporting and disposal of the industrial solid waste or subsequent operation performed upon, exposure to, or contact with any component, part, constituent or ingredient of this waste, whether intentional or accidental.

1.3 Reserved

1.4 DENIED AREAS: The contractor understands and agrees that the ultimate destination of any property disposed of under this service contract shall not be to Afghanistan Albania, Bulgaria, Burma, Cambodia, Peoples Republic of China, Cuba, Estonia, Ethiopia, Haiti, Iran, Iraq, Laos, Latvia, Lithuania, Madagascar, Mongolia, Mozambique, North Korea, Peru, Romania, Somalia, Sudan, Syria, all the former states of Yugoslavia, (Croatia, Slovenia, Bosnia- Herzegovina, Montenegro, Serbia and other Republics), and all of the former states of the Soviet Union or any other destinations that be specifically prohibited in the contract.

http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

1.5 PUBLIC RELEASE OR DISSEMINATION OF INFORMATION: There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of the KO.

1.6 SPILL RESPONSIBILITY: The Contractor is solely responsible for any and all spills or leaks that they cause and could involve the receipt of commercial scrap tires after taking possession from the DLA Disposition Services Guam. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to the Government.

2.0 ACRONYMS AND DEFINITIONS

Acronyms

USEPA

USG

US Environmental Protection Agency US Government

Definitions

Commercial Scrap Tires - Commercial scrap tires include ground vehicular tires, solid and pneumatic tires from passenger vehicles, pneumatic tires from heavy equipment, solid and pneumatic tires from industrial equipment, solid and pneumatic tires from agricultural equipment, bias ply or steel belted used tires.

Contracting Officer (KO) – The KO at the procuring activity is the individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the DLA Disposition Services. The CO is the only individual who can legally bind the Government.

Contracting Officer Representative (COR) – The contracting officer representative is the individual designated in writing by the CO to act as his/her authorized representative within the scope and limitations as defined by the CO. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the contract terms and conditions.

Government Representative:

Gross Weight – The overall total weight of material

3.0 REQUIREMENTS

3.1 SCRAP TIRE REMOVAL

3.1.1 The contractor shall provide all properly trained labor, equipment, tools, personal protective equipment, material, licenses, fees, permits, certifications, supervision, manifests, and all other items and services necessary to perform the recycling/disposal of used tires/scrap tires made available by the Government. The contractor shall provide the steps of the disposal process to the Contracting Officer at the time of quote. The contractor agrees to provide all services/items necessary for the final disposal of all property listed in the schedule in accordance with all local, state and federal laws and regulations, and the terms and conditions of this contract.

3.1.2 The contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor’s personnel and equipment shall comply with applicable federal, state, local and installation laws, safety regulations and procedures. Contractor will ensure that its’ agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling and disposal of scrap tires be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of use of material handling equipment, proper lifting techniques, general first aid procedures, and spill response. Handling and personnel protective equipment shall be provided by the contractor and shall be appropriate to ensure safe handling of the items.

3.1.3 WEIGHING OF PROPERTY: The conveyance will be weighed prior to and after unloading. The difference between the weight of the empty conveyance and the loaded conveyance will be the agreed upon weight for payment purposes. An authorized USG representative will witness all weighing. The weight must be agreed upon by both the Contractor and the Government representative or COR at the time of receiving the property. This will be the basis for payment to the Contractor. The Contractor shall provide a copy of the weight ticket immediately to the Government representative or COR at the time of weight agreement by both parties.

3.1.4 USG scales will be used when available, operable, and authorized by the Government. All scales used for purposes of this contract shall be calibrated in accordance with applicable regulations. The USG must ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-USG scales are operable and accurate through certification or demonstration.

3.1.5 If the Contractor chooses not to accept the Government weights the Contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of 2,000 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

3.1.6 Prior to the use of portable scales at each pickup site, the Contractor must demonstrate reasonable weight accuracy to the COR or designated USG representative. Only materials to be removed by the Contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight.

3.1.7 Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the Contractor. The method used to weigh the conveyance will be whichever is most accurate and agreed upon by the Contractor and the Government representative.

4.0 DISPOSAL/RECYCLING

4.1 FINAL TREATMENT/DISPOSAL/RECYCLING

4.1.1 Final treatment/disposal means processing at a facility that is appropriately licensed/permitted/registered by local, state and federal agencies to accept for recycling or disposal of the rubber items. The contractor may elect to beneficially use, re-use, recycle or reclaim the commercial scrap tires on this contract. Only authorized facilities that are appropriately licensed/permitted by local/state agencies may be used. The following also applies for all items received under this contract that is beneficially used, re-used, recycled or reclaimed. (see paragraph 4.0 The Qualified Facilities and Transporters List).

4.1.2 An audit trail shall be provided to the facility that will beneficially use, re-use, recycle, reclaim or dispose of the rubber items, or any component thereof.

4.1.3. Applicable Certificates of Recycling (see Attachment 02) provided by the recycling facility shall be provided to DLA Disposition Services COR within 180 days of final disposal.

4.1.4 Applicable Certificates of Recycling provided by the recycling facility shall be provided to DLA Disposition Services COR within 180 days of final disposal.

4.1.5 Recycling/disposal facilities include any facility that may receive any rubber items received under this contract, or a component thereof, at a stage where it remains a waste, as defined in applicable local, state and federal regulations. Disposal of residue from any of these activities is restricted to those facilities listed in paragraph 4.0 (The Qualified Facilities and Transporters List).

4.1.6 It is the Contractor’s responsibility to ensure that waste is recycled or disposed of in accordance with the timeframes specified in paragraph 1.1 (Period of Performance).

4.1.7 Commercial scrap tires subject to this contract can be shipped to other cities by the contractor, at their own expense, in accordance with applicable Host country, U.S., and International regulations. Commercial scrap tires subject to this contract will be “end of life” and suitable only for disposal, re-use, and recycling for material content or energy recovery.

5.0 DOCUMENTATION AND PERMITS

5.1 The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and/or permits, and for complying with any applicable federal, state, and local laws, codes, and regulations in connection with the performance of the Performance Work Statement (PWS). This includes acquiring any required permits or registration necessary to operate on any of the installations listed in this contract or for transporting commercial scrap tires.

5.2 Provide documentation proving the acceptance and disposal. Provide original and one copy of all certifications of acceptance/final treatment/disposal and/or certificates of recycling, signed by a responsible disposal facility official.

5.3 Government Points of Contact:

Primary:

Alternate:

6.0 THE QUALIFIED FACILITIES AND TRANSPORTERS LISTS

6.1 The Contractor will use only the facilities and transporters from the Qualified Facilities List (QFL) and Qualified Transporters List (QTL). The QFL and QTL is located on the DLA Disposition Services Website at:

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

6.1.1 Facilities and transporters on the QFL and QTL do not constitute a determination that the facilities and transporters meet the requirements of this contract. The Contractor is responsible to ensure all work is performed IAW the contract. If firms listed on the QFL or QTL do not meet these contract requirements, the Contractor will propose additional firms to perform the work.

6.1.2 The facilities and transporters listed on the QFL and QTL are only listed for use and are subject to the Contractor ensuring their services and sub-contracted services are being performed IAW federal, state and local laws and regulations.

6.1.3 Contractors will review the QFL and QTL prior to any removals to ensure the facility or transporter is on the QFL and QTL.

6.1.4 The Contractor will not transport any waste or subsequent treatment or recycling residual waste to any facility that is not on the QFL.

6.1.5 The Contractor will allow access for DLA Disposition Services employees and/or representatives to perform site visits at any facility the Contractor has requested to be on the QFL.

6.2 POST AWARD USE OF FACILITIES AND TRANSPORTERS

6.2.1 During the life of the contract, the Contractor can request to add facilities or transporters to the QFL or QTL. Facilities or transporters submitted will be reviewed and the Offeror will be informed if the firm is: Acceptable, Unacceptable, or Acceptable with additional information. If the facility or transporter is Acceptable with additional information, the Offeror will be given an opportunity to submit the additional information regarding the firm. Offerors will be informed the reason why a firm is considered unacceptable.

6.2.2 The proposed facilities or transporters will not be added to the QFL or QTL if any of the reasons in section 6.3 through 6.4 apply. The request by the Contractor to have a facility or transporter added to the QFL or QTL after contract award does not relieve the Contractor of their obligation to perform IAW the contract and existing CLIN prices. Pre-award facility or transporter additions will not be added to the QFL or QTL until the request is accepted and the contract is awarded. The awarded prime Contractor will be the only firm to request additions to the QFL or QTL for the services required in this contract.

6.2.3 RESERVED

6.2.4 RESERVED

6.2.5 The Contractor will complete DLA Form 2507-1, (see Attachment 03) QFL Application, for new QFL applicants.

6.2.6 The Contractor will complete DLA Form 2507-2, Qualified Facility List Update (see Attachment 04) when requested to perform an 18-month (OCONUS only) update on a Facility.

6.2.7 The Contractor will complete the Transporter Qualification Form DLA Form 2503 (see Attachment 05) for new QTL applicants and for requested 18-month (OCONUS only) updates.

6.2.8 If the Contractor requests or updates a facility or transporter where application-required documents are not in English, the Contractor will provide certified English translated documents at no additional cost to the Government.

6.2.9 For OCONUS, inquiries and applications for new or 18-month updates will be sent to the KO and COR.

6.3 FACILITY REMOVAL

6.3.1 At any time during the period of this contract, the USG will remove a facility from the QFL if any of the following apply:

6.3.1.1 The facility is currently closed.

6.3.1.2 The facility is a significant non-complier exhibiting violations and has not entered into a compliance schedule or similar action.

6.3.1.3 The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time of issued order or judicial action.

6.3.1.4 The facility has a history of noncompliance (including, but not limited to, Final Governing Standards (FGS) non-conformance, safety violations, prefecture and local violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations are a lack of "good faith".

6.3.1.5 The facility has groundwater contamination or does not meet groundwater anti-degradation policy.

6.3.1.6 The facility does not have adequate permits or is not capable of handling the proposed waste.

6.3.1.7 The facility received a negative recommendation resulting from a DLA Disposition Services site visit without substantive evidence of corrected deficiencies.

6.3.1.8 The facility transports DOD waste to a facility not on the QFL.

6.3.1.9 The facility's financial assurance is not sufficient to protect the USG’s long-term interests.

6.3.1.10 The facility is unable to demonstrate tracking of DOD waste from entry to exit.

6.3.1.11 Upon the KO terminating the contract in the best interest of the USG if the facility is owned by the Prime Contractor.

6.3.1.12 The facility has not received DLA Disposition Services wastes for a period of twelve consecutive months.

6.3.1.13 The facility operates in a manner that is not IAW this contract.

6.3.1.14 The facility does not have or does not enforce 24-hour security measures.

6.3.1.15 The facility does not allow access for a DLA Disposition Services site visit.

6.4 TRANSPORTER REMOVAL

6.4.1 At any time during the period of this contract, the USG will remove a transporter from the QTL if any of the following apply:

6.4.1.1. The transporter does not have the appropriate hazardous or non-hazardous Federal/state/local permits to transport property under this contract.

6.4.1.2. Transporter has not provided documentation of at least a "satisfactory" rating from DOT Office of Motor Carriers (OMC). Should conflicting ratings be assigned, the most recent inspection will take precedence. For transporters used outside the United States where DOT regulations do not apply, an OMC satisfactory rating is not required. All other requirements cited are applicable.

6.4.1.3. The transporter has exhibited a history of noncompliance.

6.4.1.4. The transporter received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time the order or issued judicial action.

6.4.1.5. The transporter does not have or does not enforce 24-hour security measures.

6.4.1.6. Upon the KO terminating the contract in the best interest of the USG if the transporter company is owned by the Prime Contractor.

6.4.1.7. Transporter transfer locations are unable to track property from entry to exit.

6.4.1.8. The transporter has not shipped DLA Disposition Services wastes for a period of twelve consecutive months.

6.4.1.9. The transporter comingles DOD and non-DOD waste prior to receipt at the manifested facility.

6.4.1.10 The transporter operates in a manner that is not IAW this contract.

7.0 ACCEPTABLE PERFORMANCE LEVEL (APL) AND QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

7.1 PLs are the minimum performance levels of specific requirements which the contractor must achieve or risk having the Government consider performance unsatisfactory, resulting in possible monetary consideration from the contractor. While the specification of an acceptable performance level does not allow the contractor to knowingly provide defective service it recognizes that it may occur unintentionally. As long as performance does not fall below the specified acceptable level, the Government will not deduct for poor performance. If performance falls below the specified performance level, consideration may be taken at the Government’s discretion. Consideration decisions will take into account the impact on the Government as a result of the failure to meet the performance requirement and the number of times the failure has occurred throughout the contract period.

7.2 The Government will use a Quality Assurance Surveillance Plan (QASP) to monitor compliance with the contract terms and conditions and identify nonconforming services. The QASP sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract and is subject to unilateral change by the Government without modification to the contract.