Attachment 1 - Performance Work Statement.docx

SPAIN HAZARDOUS WASTE DISPOSAL CONTRACT

08/04/2024 (SWS)

Table of Contents

0.0 PERFORMANCE WORK STATEMENT (PWS)

0.1 CONTRACTOR PERSONNEL

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 PERMITS AND SPECIAL REQUIREMENTS

1.1.2 SHIPPING AND DISPOSAL DOCUMENTATION

1.1.3 CLIN DISPUTES

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE AND TRAILER SECURITY

1.1.6 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.8 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) INSTALLATION ACCESS

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF U.S. AND NON-U.S. HM/HW

1.2.3 STATEMENT ON CONTAINERS

1.2.4 USG EQUIPMENT AND PERSONNEL

1.2.5 TREATMENT OF HM/HW ON USG FACILITIES

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS, BULK AND CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

1.2.8.2 CONTAINERIZED WASTE

1.2.9 BULK LIQUID PUMPING

1.2.10 BULKING AND CONSOLIDATION

1.2.11 STANDARD AND EXPEDITED REMOVAL/PERFORMANCE TIMES

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION AND RECYCLING

2.2 TREATMENT TECHNOLOGIES

2.3 RECYCLING

2.4 DEMILITARIZATION

3.0 SPECIAL SERVICES

3.1 RENTAL EQUIPMENT SUMMARY – ROLL-OFF BOXES (ROB), ROLL-OFF CONTAINERS AND SKIPS

3.2 DAILY RENTAL OF A LINED 7-CBM AND 20-CBM ROB WITH COVER

3.3 WEEKLY RENTAL OF A LINED 7-CBM AND 20-CBM ROB WITH COVER

3.4 MONTHLY RENTAL OF A LINED 7-CBM AND 20-CBM ROB WITH COVER

3.5 INITIAL PLACEMENT OR REMOVAL OF EMPTY RENTED ROB

3.5.1 MOVE EMPTY ROB WITHIN INSTALLATION

3.6 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2

3.7 ICS, WEEKLY, CREW OF 2

3.8 ICS, DAILY, CREW OF 3

3.9 ICS, WEEKLY, CREW OF 3

3.10 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 2

3.11 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 3

3.12 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE WORK, DAILY, CREW OF 3

3.13 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2 OR 3

3.14 PERFORM LABORATORY ANALYSIS

3.15 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS

3.16 PERFORM OVERPACKING/LOOSE PACKING SERVICES

3.17 PERFORM LAB PACKING SERVICES

3.18 WASTE MANAGEMENT SERVICES (WMS)

4.0 ACCEPTABLE PERFORMANCE LEVELS

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 PLACES OF USG INSPECTION

6.3 RESERVED

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR HM/HW REMOVALS AND PERFORMANCE OF SPECIAL SERVICES

7.1 EXPEDITED REMOVALS AND PERFORMANCE OF SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING, AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

11.0 PERIOD OF PERFORMANCE

12.0 LIST OF ATTACHMENTS

13.0 ACRONYMS AND TERMS

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Spain Hazardous Waste Disposal Contract. The work will consist primarily of the removal, transportation, treatment, recycling, and disposal of hazardous materials and hazardous wastes (HM/HW) generated at United States (U.S.) Department of Defense (DoD) installations in the Host Nation (HN) of Spain. The U.S. Government (USG) may order additional services in accordance with (IAW) this contract including but not limited to the provision of supplies, sampling and analytical services, equipment rental services, overpacking/loose-packing services, industrial cleaning services, and other services supporting environmental and waste management programs and activities.

b. For purposes of this contract, the terms waste, wastes, and HM/HW are used interchangeably and shall always refer to a hazardous substance, material, or waste that corresponds to a European Waste Catalogue (EWC) number.

c. For purposes of this contract, “TSDF” shall refer to Treatment, Storage, and Disposal Facility. It shall also refer to recycling facilities and interim facilities used to bulk, consolidate, and/or repackage HM/HW before transporting to a final TSDF. TSDFs are only qualified for use in support of this contract when they are licensed by the HN designated authority and listed on the Defense Logistics Agency (DLA) Qualified Facilities List (QFL) at https://www.dla.mil/Disposition-Services/Offers/Hazardous-Waste-Disposal/Qualified-Facilities-List/. The Contractor shall utilize only TSDFs that are listed in the QFL from the time of removal to final disposal or recycling.

d. Handling and management of HM/HW performed by the Contractor under this contract shall be performed in strict compliance with all HN and European Union (EU) standards, laws, and regulations including the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), Environmental Final Governing Standards (FGS) for Spain (Attachment 14), and all updates thereto. All HM/HW will remain within the borders of Spain from the point of generation or pickup location to the final TSDF when qualified facilities are available. When exportation from Spain is required, all HM/HW shall remain within the boundaries of the EU where HN laws and FGS shall apply. Where FGS do not exist, the current DoD Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Documents (OEBGD) and updates thereto shall apply.

e. The USG shall purchase and provide ADR-compliant containers used for the removal and transportation of HM/HW under this contract unless otherwise stated in the contract. Containers include but are not limited to drums, barrels, pails, totes, IBCs, and boxes as required for proper packaging, storage, and transportation of all dangerous goods including HM/HW. The USG may choose to procure containers and other supplies through this contract or by direct purchase from vendors.

f. Contractor requirements defined under this contract are not intended and shall not be construed to supersede existing HN or EU laws, regulations, or decrees issued by competent authorities. Any perceived contradictions between the contract requirements stated herein and applicable governing authorities shall be reported by the Contractor to the DLA Contracting Officer (KO) prior to commencement of subject work or actions. The KO will issue a waiver from performing the work as written if such a waiver is deemed warranted.

g. Performance requirement times under this contract vary by services ordered. The standard removal time for containerized and bulk HM/HW is 15 business days. Business days are defined in Section 1.1.6. The performance times for provision of other services are identified in Section 7.0 of this PWS document.

h. Minimum Task Order (TO) charges under this contract will be USD $1,000.00 except where otherwise specified in the contract, including but not limited to various special services and expedited removals. Containerized and bulk HM/HW removals will be ordered on separate TOs.

i. This contract is a firm-fixed price, indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract. It allows the KO to make monetary deductions and/or file a negative mark on the Contractor’s Past Performance record when an Acceptable Performance Level (APL) is not met. See Section 4.0.

j. The contract consists of one (1) 30-month Base Period followed by one (1) 30-month Option Period. See Federal Acquisition Regulation (FAR) 52.217-8 and 52.217-9 for more information regarding contract extensions.

k. Contracting Officer Representatives (COR) assigned to this contract are appointed by the KO and are authorized in writing to perform specific technical and administrative functions. The Contractor will receive a copy of the written COR appointment(s). It will specify the extent of each COR's authority to act on behalf of the KO. CORs are not authorized to obligate USG funds or commit to changes that will affect pricing, quality, quantity, delivery, or any other term or condition of the contract.

0.1 CONTRACTOR PERSONNEL

For purposes of this contract, the term “Contractor” shall refer to the contract awardee’s parent company, its owners, officers, employees, agents, representatives, joint venture partners, and subcontractors including transporters and TSDFs who perform work on and off DoD installations in association with every TO issued by the KO under this contract.

a. The Contractor shall provide qualified personnel to perform work under this contract. Qualifications shall be maintained and certified as required by HN laws, regulations, and DoD installation policy. See Section 1.1.1.

b. provide a list of the names and telephone numbers of the Contractor’s Contract Manager, alternate Contract Manager and On-Site Technical Representative (OSTR) to the COR. This list shall be updated within three (3) business days following a change in personnel and/or phone number.

c. The Contractor’s Contract Manager and their designated alternate shall have full authority to act on behalf of the Contractor on all matters relating to the performance of this contract, including all contract arrangements and scheduling coordination. The Contractor agrees that notice by the USG to the designated Contract Manager or alternate Contract Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the personnel so designated.

d. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Contractor personnel shall have the ability to communicate via mobile cellular phone with the DLA Disposition Services CORs and the Contractor’s Contract Manager when they are on-site or transporting HW.

e. The Contract Manager, alternate Contract Manager, and OSTR shall be proficient in reading, writing, and conversing in the English language. Contractor personnel who package, handle, mark, label, and transport containerized and bulk HM/HW shall have the ability to effectively participate in conversational English. All correspondence related to this contract shall be provided in the English language.

1.0 REMOVAL PHASES

The requirements for removal of HM/HW under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post Removal (1.3). The Contractor SHALL always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure all personnel handling HM/HW are properly and currently trained per HN and DoD installation requirements to the level of expertise required for performing in the areas of chemical compatibility, general first aid procedures, and HM/HW spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) appropriate to the scope of work required on the TO. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on USG property. See Attachment 3 for a List of Pickup Locations.

1.1 PRE-REMOVAL

1.1.1 PERMITS AND SPECIAL REQUIREMENTS

a. The Contractor certifies it has been duly authorized to operate and do business in the country or countries in which this contract services are performed and that they shall fully comply with all laws, decrees, labor standards, and regulations of the HN and transit countries during the performance of this contract. The Contractor shall, without additional expense to the USG, be responsible for obtaining all necessary licenses, permits, notifications, agreements, customs, and procedures IAW applicable laws, codes, and the FGS for Spain in connection with the execution of work requirements. All Contractor personnel must be fully trained, physically capable, and readily available to perform the services specified in this contract at the time of award.

b. The Contractor is required to receive specialized training provided by the USG to gain requisite credentials for accessing and performing work on DoD installations. Drivers who transport HM/HW must receive DoD accredited ADR training and maintain annual certification. Other training requirements may include HAZWOPER, Contractor pass and identification (ID) requirements, antiterrorism (AT) training, and more. The Contractor will not be paid by the USG to attend such training or acquire such credentials except when doing so during the performance of work under an issued TO. All Contractor personnel shall wear ID badges as required on each DoD installation.

c. The Contractor shall take additional immediate precautions as the KO or other USG official may require for safety and/or mishap prevention purposes. All USG and Contractor personnel have the responsibility and authority to halt work if perceived safety hazards exist.

d. The Contractor shall be responsible for personnel injuries and property damages occurring due to negligent actions taken by the Contractor.

e. As a producer (Generator) of HM/HW, each DoD installation is ultimately responsible for assigning the correct European Waste Catalogue (EWC) numbers to their wastes, as established by European Commission (EC) directive 2001/118/EC, and updates thereto. The Contractor shall ensure correct EWC numbers are assigned to HM/HW items prior to their removal from the installation. Should the Contractor disagree with the installation’s assigned EWC number, the Contactor will consult with the COR for resolution.

1.1.2 SHIPPING AND DISPOSAL DOCUMENTATION

1. The Contractor shall prepare, complete, and return signed copies of manifests and other shipping documents as required by law in Spain and other HN countries through which the HM/HW is transported or disposed. Manifest documents will be serial numbered and in bilingual (Spanish-English) format if authorized under Spanish law. If bilingual manifests are not authorized or available, the Contractor shall prepare separate Spanish and English versions of the manifest documents reflecting equivalent information and submit both versions to the USG wherever provision of shipping documents is required under this contract, including invoicing for payment per Section 8.1. U.S. EPA Form 8700-22, Uniform Hazardous Waste Manifest (Attachment 9) may be procured and utilized by the Contractor as the English version manifest, using Block 13 to identify EWC numbers. Formatting of English version manifests created by the Contractor are subject to revision and approval by the KO throughout the life of the contract.

1. All shipping documents shall include the designated Generator, Transporter, and TSDF Identification (ID) numbers, even if/when supplemental to information required under HN transportation laws and regulations. The Contractor shall obtain these designated ID numbers for inclusion on manifests from the Generator, Transporter, and TSDF, respectively. ID numbers for TSDFs shall be those assigned or recognized by the HN government, and unique to each TSDF.

h. The Contractor shall provide advanced reading copies of the manifests and other related documents to the COR and Installation Environmental Office (IEO) at least five (5) business days prior to the removal of the HM/HW from the installation.

i. The COR will attempt to notify the Contractor of any required corrections to the documents prior to the scheduled removal. When applicable, a TO modification will be issued. Removal may be halted by the COR until the required changes are provided to the COR.

j. Delays in removal of HM/HW from the installation due to incomplete or inaccurate information provided by the Contractor will be at the Contractor’s expense.

k. Copies of outbound manifests and other shipping documentation shall be furnished to the COR, IEO, and HN authorities as required on or before the same day as shipment.

l. The COR and IEO have authority prior to shipment, to decline signing of documents for loads not prepared in compliance with applicable transportation, safety, or environmental regulations.

m. Transboundary Shipping Documents:

1. When applicable for transboundary movements and disposal of HM/HW within the EU, the Contractor shall prepare and provide all shipping documents and notifications as required to the applicable HN regulatory agencies. The Contractor shall act as the “exporter” and “importer” of the HM/HW. Photocopies of the application for all notifications shall be provided to the COR.

2. Once the Contractor has received approval notifications from HN competent authorities, the Contractor shall provide the both the KO and COR with photocopies of the approvals. Upon removal of the HM/HW from the installation, the Contractor shall provide the COR with signed and dated copies of the related documents.

3. Photocopies of all completed shipping documents shall be submitted with the invoice package to DLA Disposition Services by the Contractor, to include certification of HM/HW acceptance at the TSDF. Submissions of these documents shall reference the contract number and TO number.

4. Under this contract, Basel Convention notifications would apply only to transboundary movements of HM/HW from Spain to countries outside the EU. Such shipments are not anticipated under this contract, but the Contractor shall have the right to request authorization from the KO to ship HM/HW outside the EU if/when unique circumstances arise. In such circumstances, the Contractor shall ensure Basel notifications are executed and maintained as required to ensure timely removals are completed per the performance times and firm-fixed prices in the contract. All documents corresponding to Basel notifications shall be provided to KO and COR following preparation and authorizations.

1.1.3 CLIN DISPUTES

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

b. The USG 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(s), 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 following the TSDF receipt date supporting the assertion through photographs, independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheets (SDS), and/or other written supporting documentation such as a TSDF “off-spec” or “rejected” notification with explanation by the TSDF for the off-spec or rejected determination. 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 USG’s final determination.

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

1.1.4 NOTIFICATIONS

a. Unless otherwise specified in this contract, the Contractor shall notify the COR and IEO representative at least five (5) business days BEFORE attempting installation access to conduct business related performance under this contract.

(1) In addition to the above notification requirement, no later than two (2) business days prior to all HM/HW removal efforts, the Contractor shall provide the COR with the following driver and truck/lorry information:

(a) Transporter company name,

(b) Driver’s name,

(c) Commercial Driver’s License (CDL) number and expiration date,

(d) Contractor Personnel badge number and expiration date, if applicable,

(e) Truck/lorry badge number and expiration date, where applicable, and

(f) Other information as required by the Security office

(2) The Contractor may proactively provide the COR with a list of qualified drivers designated to perform removals under this contract, along with the above information. However, for proper Security notification, the Contractor must notify the COR of the specific driver scheduled to arrive for each removal effort.

(3) If a driver other than the one scheduled arrives to perform a removal, the COR and/or other designated USG representative will verify the personnel change with the Contractor before the removal commences. This will require written notice from the Contractor and may result in the driver’s late arrival to the pickup location.

b. For TOs containing expedited removal or other performance CLINs, the Contractor shall notify the COR and/or IEO representative for each location in the following timeframes BEFORE attempting installation access for any reason:

See 1.2.11 for specific requirements pertaining to performance under expedited service CLINs.

c. Notification requirements for an excusable delay request. If at any time following the issuance of a written TO the Contractor determines standard removal times for any HM/HW item(s) cannot be met due to unforeseen circumstances at the TSDF(s) beyond the Contractor’s control, the Contractor shall notify the KO and COR accordingly, in writing via email by close of business the following business day. Written notifications shall include the subject TO number and line item(s), reason(s) for the delay, provision of verifiable documentation from the TSDF(s), and the estimated date and time of performance completion. Verifiable documentation shall include written evidence showing earnest attempts were or are being made by the Contractor to utilize at least one alternative qualified TSDF needed to meet the performance requirements in the contract. The KO requires proper notification to render an informed decision regarding the Contractor’s asserted inability to perform timely due to factors beyond their control. Failure by the Contractor to provide proper notification to the KO shall constitute a waiver by the Contractor to exercise an excusable delay request.

(1) Following proper notification, if the KO determines the Contractor has met the burden of proof to demonstrate the delay is beyond the Contractor’s control, the following conditions apply:

(a) The USG reserves the right to issue a new (standalone) TO for impacted TO line(s) or modify and re-issue a previously issued TO. Minimum TO charges will not apply to these TOs.

(b) The Contractor shall provide biweekly TO updates to the KO and COR beginning 14 calendar days after the new or modified TO is issued. Updates shall include the status of the TO, the estimated time/date for removal, and further verifiable documentation from the TSDF(s) for the KO to make an informed decision whether the delay remains beyond the control of the Contractor. The requirement for TO updates will terminate when the Contractor’s requirements under the TO have been met.

(c) The Contractor will notify the KO and COR immediately upon determining that meeting standard removal times will resume.

(d) If a delay situation arises after issuance of a TO having a combination of impacted and non-impacted wastes, the CO, COR, and Contractor will mutually agree upon how best to address the situation with subsequent TO issuances and execute a contract modification memorializing said agreement.

1.1.5 CONVEYANCE VEHICLE AND TRAILER SECURITY

a. The USG at some pickup locations may require that trucks and trailers be locked before departure from the location. The COR will notify the Contractor prior to removals when and where such requirements apply. In such cases, the Contractor shall provide the lock. In some cases, the USG may provide and apply a tamper-evident security seal on the cargo access door(s) of the truck for confirmation of an “intact” seal and removal by the Contractor at the transportation destination. The Contractor will in all cases comply with HN and EU laws, including ADR regulations as they pertain to conveyance vehicle and trailer security.

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

1.1.6 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

a. Services performed under this contract shall be performed during normal hours of operation on standard business days. Normal hours of operation are 0730 through 1630 hours, but times may vary between work locations. Standard business days are typically weekdays, i.e., Mondays through Fridays, except when U.S. federal holidays are observed. Spain public holidays listed below also will not constitute standard business days for Contractor employees.

b. Work that cannot be completed by close of business (COB) shall be discontinued and resumed the next standard business day unless authorization to complete work outside normal business hours is granted by the KO. In rare cases, the USG may have a requirement for provision of services outside normal hours of operation. In such cases, a TO will be issued having the corresponding CLIN(s) for these special services. Routine services will not be scheduled for non-standard business days including U.S. federal holidays, Spain public holidays, and other days designated by national government proclamation. The following is a list of current U.S. Federal holidays and Spain Public Holidays:

*These holidays are observed on the preceding Friday or the following Monday when the holiday occurs on a Saturday or Sunday, respectively.

*The precise date of these holidays can change every year.

Spain public holidays are celebrated on the following Monday when the holiday occurs on a Sunday.

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the Contracting Officer (KO) providing approval in writing prior to release. The contractor shall immediately notify the KO upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or HN officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the KO.

1.1.8 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) INSTALLATION ACCESS

a. This Section applies to Contractors and their representatives, including subcontractors. DBIDS may be mandatory for access to some DOD installations. Where DBIDS is utilized, advance notification per Section 1.1.4 may not be required per installation security guidance. At some installations, Contractor representatives may require an escort to and from the place of work. All Contractor representatives shall remain at the designated work area until released or escorted by the COR or other USG representative.

b. The 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.

c. DoD installations now require all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations. DBIDS requires a security background check for all Contractors and their representatives. The Contractor should plan accordingly. For more information on DBIDS and to complete pre-enrollment steps, go to https://dbids-global.dmdc.mil/home/.

d. Contractor registration in DBIDs and/or other security access systems does not guarantee the Contractor can gain access to every installation serviced under this contract. Additional security measures may be required at some installations and activities. Consult the COR for information regarding additional credentialing requirements at specific locations.

e. 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.

f. The Contractor shall be responsible for spearheading all annual DBIDS renewal requirements.

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

1.2 REMOVAL

DD Form 1155 – Order for Supplies or Services (Attachment 5) shall be completed for all items ordered or services performed on a TO, to include transportation and removal of HM/HW, sampling and analysis, container procurement, etc. At the time of HM/HW removal or other service, the Contractor shall complete the DD Form 1155 for each removal/transport of wastes, to record the type of wastes, quantities removed and EWC numbers. The quantities so annotated shall be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the IEO’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of HM/HW or any other requested service shall be paid without the certified form. The latest version of the DD Form 1155 is available at http://www.esd.whs.mil/DD/.

1.2.1 SPILL RESPONSIBILITY

a. The Contractor shall provide a Spill Contingency Plan one-time to the KO following contract award and prior to conducting the first HM/HW removal under the contract. The driver shall have a copy of the plan in their possession during all removals and will be made available to the USG representative upon request. The plan shall satisfactorily demonstrate to the USG that the Contractor possesses the fundamental skills and knowledge needed to contain a small liquid spill or leak up to five gallons in volume, and to overpack a leaking container when necessary.

b. The Contractor shall maintain serviceable, waste-compatible, and fully stocked spill kit(s) that are readily available to contain small spills and leaks during all HM/HW removals. The Contractor shall allow any USG representative who is present during the removal process access to the spill kit(s) for visual inspection. Failure of the Contractor to demonstrate they are equipped with adequate spill kit(s) to respond to small spills and leaks during the removal process may result in cancellation of the removal and will be considered Contractor performance failure.

c. The Contractor is solely responsible for the proper cleanup and disposal of all spills or leaks occurring during the performance of this contract that occur because of, or are attributed to, the Contractor. Cleanup will be to the satisfaction of, and at no additional cost to the USG. HM/HW cleanup residues that are generated as a result of such spills or leaks shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with the approval of the IEO, spill cleanup residues may be moved to an on-site permitted storage or accumulation area until they can be separately manifested and shipped off-site for disposal.

d. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all IEO spill reporting and clean-up requirements. A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of material spilled or leaked, estimated quantity spilled, manifest number, etc.

(2) Whether quantity spilled is EPA/state reportable, and if so, whether it was reported.

(3) Time, date, location, and description of spill; including but not limited to the area involved, weather, terrain, and any drainage concerns.

(4) Containment procedures initiated.

(5) Summary of Contractor communications with anyone other than the KO.

(6) Description of cleanup procedures utilized at the site including disposal location of spill cleanup residue.

(7) A copy of the Contractor’s spill contingency plan shall be attached to the written report.

1.2.2 SEGREGATION OF U.S. AND NON-U.S. HM/HW

a. The Contractor shall not commingle or consolidate USG-generated HM/HW with non-USG-generated HM/HW prior to certified receipt at the manifest-designated TSDF.

b. The Contractor shall ensure that no USG HM/HW of any kind, including used oil and other petroleum-based products, shall be used for dust suppression or road treatment.

1.2.3 STATEMENT ON CONTAINERS

The USG shall purchase and utilize ADR-compliant containers such as drums, pails, totes, and boxes as required for proper packaging, storage, and transportation of all dangerous goods, including HM/HW. The USG may choose to procure containers and other supplies through this contract or by direct purchase from vendors. When procured through this contract, the Contractor shall deliver the item(s) to a single receiving point at the installation within 20 business days following issuance of a written TO.

1.2.4 USG EQUIPMENT AND PERSONNEL

The USG shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of USG-owned loading equipment (Section 1.2.6) and USG-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 HM/HW ON USG FACILITIES

a. Treatment of HM/HW on USG installations is not permitted. For purposes of this contract, treatment shall be defined as any method, technique, or process, including solidification and neutralization, that renders a hazardous waste non-hazardous, less hazardous, reduced in volume, or more amenable for transport.

b. Bulking of like wastes from multiple smaller containers into a single container is not considered treatment.

c. Release of gases, other than inert gases, to the atmosphere on USG installations is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

a. The Contractor’s representative shall arrive on time at the pickup location but no more than 30 minutes after the scheduled removal time and date. In the event the Contractor anticipates a late driver arrival, before the scheduled appointment time, the Contractor will notify the USG representative with whom the scheduled appointment was made.

b. The Contractor is responsible for loading and furnishing all equipment appropriate for the safe and efficient loading of containers, totes, and pallets. Such equipment will include a lift gate on the conveyance vehicle or a forklift or pallet jack as appropriate for the job. The Contractor should never assume Material Handling Equipment (MHE) will be provided by the USG. The USG will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance vehicles furnished by the Contractor.

c. The USG may offer to assist the Contractor 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 USG will make the initial placement or “tailgate” items at the rear of the Contractor’s conveyance vehicle or trailer. The initial placement will be as determined by the USG.

d. Prior to scheduled removals, the USG will have containers staged at ground or loading dock level as applicable. The containers may or may not be palletized. It is the USG's responsibility to ensure the HM/HW 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 HM/HW being removed.

1.2.7 WEIGHING OF ITEMS

a. Verification of TO weights is required in the presence of the COR. USG scales will be used when available, operable, and authorized by the USG. The Contractor shall be responsible for determining the availability of USG scales by contacting the COR. All scales used for purposes of this contract shall be IAW current calibration standards. The annual calibration certificate shall be provided to the COR when the Contractor’s portable scales are used. If/when scales are not available for containers too large for the Contractor’s portable scale, the Contractor may weigh the HM/HW at calibrated public scales at no additional cost to the USG. In such cases, the Contractor shall provide certified weight tickets to the COR within two (2) full business days following removal.

b. For payment purposes, containers (drums, boxes, etc.) and pallets that will be destroyed or disposed with the HM/HW at the TSDF shall be included in the net weight of the HM/HW. Containers and pallets that are used only for convenience of movement by the Contractor and not destroyed with the HM/HW shall not be included in the net weight.

c. If the IEO has previously weighed the waste and the Contractor agrees to the IEO’s weight, weighing of the waste in the presence of the COR is not required.

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

All TO weights and volumes are estimated. The Contractor should expect that TO weights and/or volumes will require adjustment upward or downward as removals take place and the actual quantities being removed are determined. Therefore, the USG has the unilateral right to adjust the TO quantity when they’ve been over or underestimated for removal, to allow 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 USG 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 USG’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 AND CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

a. Bulk Waste for purposes of this contract refers to waste that is typically removed and transported via rolloff box ROB, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Bulk waste does not refer to containerized wastes including waste contained in drums, totes, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste. Bulk wastes may be HM/HW or non-regulated.

b. Bulk Liquid Wastes shall be ordered using the bulk liquid CLIN Suffix “B7” and the Unit of Measure (U/M) will be liters (L). Bulk liquid wastes will be pumpable and consist primarily of liquids, but they may contain solids. Volumes shall be calculated based on density or specific gravity of the liquid and weights using certified USG scales when available, or certified commercial scales when USG scales are not available. Prior to removal, and when possible, the net volume of the waste shall be determined and agreed upon by both the USG representative and the Contractor.

c. Bulk Solid Wastes shall be ordered using the bulk CLIN Suffix “B8” and the U/M will be kilograms (“KG”). Bulk solid wastes consist primarily of solid matter, but they may contain free liquids. Weights shall be determined using certified USG scales when available, or certified commercial scales when USG scales are not available. Prior to removal, and when possible, the net weight of the waste shall be determined and agreed upon by both the USG representative and the Contractor.

1.2.8.2 CONTAINERIZED WASTE

a. Containerized Waste for purposes of this contract refers to waste that is typically removed and transported via box truck or semi-truck and trailer or van, including but not limited to waste contained in drums, barrels, canisters, pails, totes, boxes, bags/super sacks, compressed gas cylinders, and palletized wastes. Containerized wastes may be HM/HW or non-regulated.

b. Containerized Liquid and Solid Wastes shall be ordered using the containerized CLIN Suffix “C8” and the U/M will be kilograms (“KG”). Weights shall be determined using certified Contractor or USG scales. Prior to removal, and when possible, the itemized weights of the containers shall be determined and agreed upon by both the USG representative and the Contractor.

c. Drums larger than 210 liters or 55 gallons are to be used only for overpacking smaller drum(s) when they are leaking or have potential to leak. Generators shall be required to pay the Contractor based on the net weight of the entire package, i.e., the overpack drum and its contents.

1.2.9 BULK LIQUID PUMPING

a. When a bulk liquid pumping is ordered for removal, the Contractor is required to pump or vacuum bulk liquid wastes from tanks, drums, totes, scrubbers, sumps, surface, storm, and groundwater sources. The Contractor is responsible to furnish all equipment and personnel needed to complete this task, including but not limited to a collection vehicle equipped with a pump/vacuum mechanical device, hoses, filters, fittings, etc. Pumps/vacuums and hoses shall have a capacity and chemical resistance to safely handle the types of waste to be collected, and remove all pumpable liquids from tanks, drums or totes that can be removed without agitation or introduction of other materials. A 5,000-liter minimum charge will apply for the pumping/ vacuuming and removal of bulk liquid waste on a single TO. This minimum charge will not apply and will not be ordered when the tank or vat from which the bulk waste was removed, was also cleaned under an Industrial Cleaning Services (ICS) CLIN on the same TO or when the Contractor has elected to pump/vacuum containers for convenience to the Contractor at no additional cost to the USG. Refer to Section 3.6 for more information on ICS.

b. Where removal from more than one tank and/or container is performed using a single vacuum or tanker truck, only compatible wastes of the same CLIN may be pumped and commingled into the same vacuum or tanker truck for transport. This service will not be ordered or performed as a means of treatment as defined in Section 1.2.5, or when any risk of reaction due to incompatibility exists.

c. Bulk liquid pumping will be allowed only when the Contractor has a current spill contingency plan on file with the COR and performs operations in a safe manner (Section 1.2.1.). The USG retains the right to stop operations if environmental or safety concerns arise.

d. When bulk liquid pumping is performed, all containers must be emptied to within 5 cm or less residue remaining in the container.

e. The actual weight of the material picked up must be identified on the manifest(s). Bulk liquid removals may be ordered from any location on the DoD installations.

1.2.10 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of stinging, vacuuming, and/or pumping, as permitted by regulation, from an otherwise removable container(s) into a vacuum truck or tanker.

b. Consolidation shall be defined as any method that involves pouring, draining, or packaging like waste items, liquids, sludges, solids and/or debris from one or more container(s) into another container.

c. Bulking and consolidation, where permitted by the installation, may be performed at the discretion of the Contractor at no additional cost to the USG. This will only be allowed when the Contractor has a current spill contingency plan on file with the COR (Section 1.2.1) and performs operations in a safe manner. The USG retains the right to stop operations if environmental or safety concerns arise.

1.2.11 STANDARD AND EXPEDITED REMOVAL/PERFORMANCE TIMES – EXPEDITE CLINs 1095SV-1098SV

a. The standard removal time for bulk and containerized HM/HW under this contract is 15 business days, per Section 7.0. The clock for removal begins on the first full business day following issuance of the written TO.

b. When expedited removal is ordered, HM/HW must be removed within the specified timeframe, per Section 7.1. Expedited removal CLINs may be ordered in conjunction with any disposal CLIN(s) at any pickup location(s) in the contract. Ordering an expedited removal CLIN will supersede the standard removal timeframe specified in Section 7.0. Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 1095SV-1098SV will be ordered based upon the timeframe for which the subject HM/HW is to be removed. One each (1 EA) will be ordered for containerized waste up to forty (40) 210-liter/55-gallon containers or the volumetric equivalent using other container sizes. For bulk removals, one each (1 EA) is limited to one (1) TO line not to exceed 15,000 Kg/33,000 Lb for solids or 12,000 liters/3,200 gallons for liquids, unless otherwise agreed to by the Contractor. The gross (loaded) weight of the transport vehicle shall not exceed weight limits per HN transportation restrictions.

c. The standard performance time for performance of services under this contract varies with different services per Section 7.0.

d. When expedited performance of services is ordered, performance must begin within the specified timeframe, per Section 7.1. The clock for expedited performance of services begins on the first full business day following issuance of the written TO. Expedited performance CLINs may be ordered in conjunction with any service CLIN(s) at any pick-up location(s) on the contract other than Industrial Cleaning Services (ICS) CLINs, which will be ordered under the appropriate surcharge CLIN for Expedited Commencement of ICS Work, per Section 3.18. Ordering an expedited performance CLIN will supersede the standard performance timeframes specified in Section 7.0. Minimum TO charges will not apply to a TO containing an expedited performance CLIN. When expedited performance is required, one each (1 EA) of CLIN 1095SV-1098SV will be ordered based upon the timeframe for which the commencement of service is required and will be ordered for no more than five (5) Management Service TO lines.