1.1 GUAM REGIONAL_Attachment 01.1_PWS_UPDATED_20210908.docx

0.0 PERFORMANCE WORK STATEMENT (PWS) (v.08/27/2021)

1.0 REMOVAL PHASES

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 PUBLIC AFFAIRS COORDINATION

1.1.8 DBIDS INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.10 CONTRACTOR PERSONNEL

2.0 DISPOSAL/RECYCLING

2.3 PCB-RELATED WASTES

2.4 AFFF AND OTHER PFAS-RELATED WASTES

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS

2.7 DEMILITARIZATION

3.0 CONTRACTOR PROVIDED SERVICES

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PACKAGING, MARKING, LABELING AND PLACARDING

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR REMOVALS AND PERFORMANCE OF SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVEICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTENCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

12.0 LIST OF CONTRACT ATTACHMENTS

13.0 ABBREVIATIONS, ACRONYMS AND TERMS

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Guam Regional HW Disposal Contract encompassing Guam, Saipan, and American Samoa. The Contractor agrees to provide all services necessary for the final treatment/disposal of the hazardous property listed in the Schedule in accordance with all local, Territory of Guam, Saipan, American Samoa, International and Federal laws and regulations, and the terms and conditions of this contract. Services will consist of the removal, transportation, and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, and Polychlorinated Biphenyls (PCBs) located on or around military installations or within a 50-mile radius of any pickup point listed on this contract. The Contractor is advised that some requirements for information are required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8 and 3.29.

b. Standard removal of containerized waste is forty-five (45) business days. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized wastes will most commonly be based on weight. Pricing for bulk wastes will most commonly be based on gallons, pounds, or cubic yards, as applicable.

d. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract and allows the KO to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.

e. The Government agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and federal laws and regulations relating to the generation, storage, and transportation of waste.

i. Publications and attachments applicable to this contract will be made available upon request. During the solicitation and life of this contract, the Government may make requirement changes, additions, and/or deletions to those initially identified.

j. Reserved

k. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract are in Department of Transportation (DOT) shippable packaging.

l. Minimum TO charges under this contract will be $2,000.00, except where exceptions are otherwise specified in the contract, including but not limited to most management services, expedited removals and performance.

m. Required time frames for Contractor performance of services including waste removal are expressed in business days. For timekeeping purposes in the performance of services, the day in which the Task Order (TO) is issued to the Contractor will constitute “Day 0” (zero), and the following business day will constitute “Day 1”. All business days thereafter, whether in whole or in part, will constitute one (1) day for timekeeping purposes. A business day will be defined as any day in which normal business is conducted. It does not include weekends, federal holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions.

n. Reserved

1.0 REMOVAL PHASES

a. The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all MHE and PPE, unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the Government, and are designed around EPA RCRA regulations, treatment and disposal technology standards. Department of Transportation (DOT) regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, and EPA Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN Suffix.

A Base CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence:

Containerized Waste Suffixes and Units of Measure

Size/Type:

Unit of Measure:

Up to 5 Gal (DM/DF)

EA

15 Gal (DM/DF)

EA

30 Gal (DM/DF)

EA

55 Gal (DM/DF)

EA

Up to 110 Gal (DM/DF)

EA

CYB or Pallet

EA

Pounds

LB

Tote Size:

Unit of Measure:

220 Gal (TP)

EA

275 Gal (TP)

EA

330 Gal (TP)

EA

Compressed Gas Cylinder Suffixes and Sizes (Does not include valve or handle in measurement)

FUELS BLENDING: Unless expressly prohibited by State or Federal regulations, fuels blending will meet the recycling/recovery requirements for wastes with a minimum energy value of 2,500 BTUs/Lb, including wastes containing solvents, paints, antifreeze, and used oil.

1.1.1.1 CLIN DISPUTES

a. CLIN discrepancies noted on a TO during a pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and the Generator. If the COR and the Generator concur with the CLIN change request, a TO Modification will be issued.

b. The Government may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 10 business days from the Treatment, Storage and Disposal Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

d. The Contractor must ensure that the waste in question is not treated or disposed of until the Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the Government’s final determination, the Contractor will be deemed to have waived its objection to the CLIN assignment.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

c. The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

Example: UW aerosol cans that would otherwise carry corrosive (D002) or reactive (D003) EPA Waste Codes, will be ordered under CLINs CS15C7 and RX01C7, respectively, and NOT under CLIN FL01C7, even when managed and turned in as UW with no EPA waste codes under state and/or federal regulations. This is because corrosive and reactive wastes cannot typically be processed using fuels blending technologies for energy recovery as hazardous waste derived fuels. Generators are urged to segregate their aerosol cans accordingly. Other scenarios may apply.

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

a. The Government will notify the Contractor when a conveyance vehicle or trailer must be locked and/or sealed due to Government policy or preference. The Contractor will provide the lock and, if needed, the Government will provide the seal. The Contractor will in all cases comply with local, international, and federal laws, including Department of Transportation (DOT) regulations, or local equivalent as they pertain to conveyance vehicle and trailer security.

b. The Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for Government reimbursement to the Contractor.

1.1.6 HOURS OF OPERATION

a. The service to be performed under this contract shall be performed during normal Government working days, as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal holidays. Work that cannot be completed by close-of-business for the TO 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.

b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government activities of which may have different work schedules. Excluding weekends and observed Federal holidays, the Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during the normal hours of operation for the installation.

1.1.7 PUBLIC AFFAIRS COORDINATION

a. The Contractor shall refer all inquiries concerning this contract to the KO. Under no circumstances shall any statement be released to the news media directly by the Contractor or any agents of the Contractor.

1.1.8 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel and credential status, law enforcement warrants, lost/stolen cards, and force protection conditions.

b. DoD installations now require all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations. DBIDS replaces the former Rapid Gate access system and requires a security background check for all Contractors and their representatives. The Contractor should plan accordingly. For DBIDs enrollment, go to:

https://dbids-global.dmdc.mil/enroll

c. Additional credentials and documentation may be required at some installations. The Contractor will consult the COR for additional info regarding additional credentialing requirements.

d. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

f. Failure to comply with these requirements may result in withholding of final payment.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

a. DLA Disposition Services (DLADS) implemented an Environmental Management System (EMS) in accordance with ISO 14001:2015(E), DOD, and DLA requirements at all appropriate DLADS facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLADS EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLADS mission. The DLADS EMS program is explained in the agency EMS Core Instruction available at:

https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_09252015.pdf

b. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the appropriate DLADS tenant facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each appropriate DLADS facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLADS facility maintains EMS awareness posters that identify the DLADS Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Contractors may request current copies of EMS information identified in this Section by contacting the local COR.

1.1.10 CONTRACTOR PERSONNEL

a. All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled at least to the minimum requirements under relevant 29 CFR-OSHA, 40 CFR-EPA, 49 CFR-DOT, EM 385 standards, and updates thereto. The Contractor shall be responsible for all initial and refresher training required of Contractor personnel and it shall be completed in the appropriate timeframes. Upon request by the Government, the Contractor shall provide proof that these trainings were completed.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

a. All items collected on this contract must be segregated according to the current US EPA Hazardous Waste Compatibility Chart and kept physically separate from any containers not associated with this contract until the initial TSDF is reached. The items must be so marked such that they are readily linked to this contract throughout this period. The Contractor may bring other waste onsite while conducting Milk Runs, or picking up waste at multiple locations, if the waste is listed on the current TOs being picked up. All TOs on a single milk run must collectively meet or exceed the TO minimum as required per Section 0.0.

1.2.3 STATEMENT ON CONTAINERS

a. The Generator is responsible for ensuring their containers are DOT shippable, i.e., IAW current DOT regulations and standard TSDF acceptance unless otherwise stated in the CLIN description. The Contractor is responsible for all repackaging costs associated with special container acceptance criteria at the TSDF.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

a. The Government shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of Government-owned loading equipment (Section 1.2.6) and Government-owned scales (Section 1.2.7), and where applicable, various management services. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

1.2.6 LOADING

a. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered Material Handling Equipment (i.e., forklift or equivalent) to load individual containers or pallets into cargo trucks. The Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

b. The Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the Government will make the initial placement or “tailgate” the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the Government

c. It is the Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO to gain access to the waste that is scheduled for removal.

d. The Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level.

1.2.7 WEIGHING OF ITEMS

a. Government scales will be used when available, operable, and authorized by the Government. The Contractor shall be responsible for determining the availability of Government scales by contacting the COR. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Government shall ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration.

b. At the Government's option, the use of Government scales will be allowed at the following sites:

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

a. All TO weights and/or volumes are estimated. The Contractor can expect that the TO weights and/or volumes will require adjustment upward or downward as removals take place and the actual weights/volumes being removed are determined. Therefore, the Government has the unilateral right to increase or decrease the TO weight/volume in those cases where the Government has underestimated or overestimated the weight/volume ordered for removal, allowing the Contractor to complete the performance. In cases of adjustments resulting in a decreased weight/volume, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the Government to issue TO modifications unilaterally for quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the Government’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued TOs, and no changes will be made to the terms and conditions of the contract.

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE