Attach 1 PI PWS_Final 022624.docx

0.0 PERFORMANCE WORK STATEMENT (PWS) (v.04/14/2022)

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 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.8 ACCESS TO U.S. DEPARTMENT OF DEFENSE INSTALLATIONS

1.1.9 RESERVED

1.1.10 CONTRACTOR PERSONNEL

1.1.11 DEFENSE BASE ACT (DBA) INSURANCE

1.1.12 FORCE PROTECTION

1.1.13 MILITARY TRAINING EXERCISE SUPPORT

1.1.14 TRANSPORTATION

1.2.15 PACKAGING, MARKING AND LABELING

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DESTRUCTION

2.4 RESERVED

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS

2.8 REGULATED/NON-REGULATED ITEMS BY OVERSEAS ENVIRONMENTAL

BASELINE GUIDANCE DOCUMENT (OEBGD)

3.0 MANAGEMENT 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 WASTE 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

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Philippines Hazardous Waste (HW) Disposal Contract. The selected contractor will provide expertise, management and all services required to arrange the removal, transportation, storage, disposal (or recycling) of hazardous wastes generated by United States (U.S.) Department of Defense (DoD) installations in and around the Philippine Islands identified in the attachment. Additional removal locations within the Philippine Islands may be added at any time throughout the duration of this contract as needed, and at no additional cost to the U.S. Government (USG).

This contract requires the removal, transportation, and disposal of wastes, regulated by the Republic of the Philippines, the Philippines Department of Environment and Natural Resources (DENR), and as managed by the Generator under the Overseas Environmental Baseline Guidance Document (OEBGD). The OEBGD is found at this link: https://www.denix.osd.mil/international/policy/oebgd/

The Contractor is advised that some requirements for information may be required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8, 3.29, and 5.1.

b. 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 container sizes. 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 Contracting Officer (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 USG 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, Host Nation (HN), OEBGD, and DoD regulations relating to the generation, storage, and transportation of waste. Waste turned in for disposal under this contract will only be shipped by transporters appearing on the Defense Logistics Agency (DLA) Qualified Transporter List (QTL) to facilities appearing on the DLA Qualified Facility List (QFL) per Sections 5.0 and 5.1 of this PWS.

j. 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.

k. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract are in UN approved packaging.

l. Minimum TO charges under this contract will be $2,000.00, except where exceptions are otherwise specified in the contract.

m. Required time frames for Contractor performance of services including waste removal are expressed in calendar 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 calendar day will constitute “Day 1”.

n. All materials/wastes subject to this contract must be identified and transported in accordance with all HN and DENR transportation and safety standards and/or those indicated in the Globally Harmonized System (GHS).

q. The Contracting Officer's Representative (COR) is a USG representative designated by the KO and is authorized in writing to perform specific technical or administrative functions. The Contractor will receive a copy of the written COR designation. It will specify the extent of the COR's authority to act on behalf of the KO. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

r. For purposes of this Contract, the term Treatment, Storage, and Disposal Facility (TSDF) shall also include recycling facilities.

1.0 REMOVAL PHASES

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 always perform 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 the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (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 USG personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the USG, and are designed around US EPA regulations, treatment, and disposal technology standards, though. 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.

(6) Non-Regulated (NR) – Used for wastes that are not deemed hazardous under the OEBGD and carry no Waste Code(s). Some such wastes may be HN regulated and may carry HN-specific Waste Code(s). The Contractor is required to comply with HN regulations, as applicable, in the management of such non-Regulated wastes.

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 Wastes

Container Size:

Type:

Up to 5 Gal or 30 Liters

(DM/DF)

Up to 15 Gal or 60 Liters

(DM/DF)

Up to 30 Gal or 120 Liters

(DM/DF)

Up to 55 Gal or 200 Liters

(DM/DF)

Container Size:

Type:

Up to 110 Gal or 360 L

(DM/DF)

Compressed Gas Cylinders (Sizes do not include valve or handle.)

CLIN Suffix ME (Misc. Each) also has other applications, e.g., on-site vacuumed/pumped 55-gal drums.

FUELS BLENDING: Unless expressly prohibited by HN 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

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

Philippine manifests will be provided and prepared by the Contractor and will be signed by the Generator in accordance with applicable HN and DENR environmental laws and regulations. The Contractor shall comply with all applicable HN and DENR environmental laws and regulations. The Contractor shall provide to the DLA Disposition Services Contracting Officer Representative (COR) coordinating the waste disposal a copy of both the completed shipping papers and valid transportation permit approved by DENR for review at least fifteen (15) business days prior to removal.

NOTE: Throughout the process of acquiring applicable transportation and disposal permits from the Republic of the Philippines, Department of Environment and Natural Resources (DENR), the Contractor will send the KO and COR weekly reports on the status of the permits if the permit is not issued within 21 calendar days of submission, with the anticipated approval date and what actions the contractor has taken to secure these permits.

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

a. The Government will notify the Contractor when a conveyance vehicle, trailer, or rolloff box 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 HN and DENR laws, including Philippine Land Transportation Office (LTO) regulations 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

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 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 host nation 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 ACCESS TO U.S DEPARTMENT OF DEFENSE INSTALLATIONS

The Contractor must provide the following documents at the Installation Security office to gain access to the U.S. DOD installations:

1.1.9 RESERVED

1.1.10 CONTRACTOR PERSONNEL

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 HN training requirements. 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.

Contractor-designated site representatives and contract managers must be able to speak, read, and write English at a level to effectively participate in conversations on practical and professional levels with DOD civilian and uniformed services personnel. All documentation written pursuant to this contract shall be in the English language. Contract personnel shall present a neat appearance and be easily recognized as Contractor’s employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name or the employee’s name.

The Contractor shall ensure all operations conducted under this contract on USG installations are supervised by individuals with basic knowledge of industrial waste management and who are capable of addressing questions concerning the technical aspects of this contract.

In the absence of the contract manager, the alternate contract manager shall have authority to act for the contractor during the operation of this contract, i.e., all arrangements and required coordination. The Contractor agrees that notice by the USG to his 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 employees so designated.

1.1.11 DEFENSE BASE ACT (DBA) INSURANCE – CLIN P7100J

a. The Defense Base Act (DBA) provides workers compensation-type insurance coverage for Contractor employees performing under USG contracts outside the continental United States (OCONUS). It is intended to be a counterpart to domestic workers compensation coverage and as such, is the sole recourse for workers who suffer on-the-job injuries or death while engaged in work in foreign locations, supporting USG prime contracts and subcontracts. Since the Act is an action required by law, this contract must include the DBA coverage as applicable.

b. DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of Labor (DOL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waivers for foreign nationals if acceptable workers compensation benefits are provided by applicable local law. If there is no current DBA waiver for the Republic of the Philippines, U.S citizens and foreign nationals will require DBA insurance coverage. CLIN P7100J, listed in the Price Schedule, will be placed on a task order in 30-month increments for DBA insurance coverage for foreign nationals. CLIN P7100J will reimburse the Contractor for actual costs for obtaining/maintaining the DBA insurance when applicable. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the US listing of firms who do provide such coverage can be accessed at:

http://www.overseas-contractors.com/defense-base-act-insurance/

Additional information regarding DBA can be referenced at:

http://www.dol.gov.

c. Offerors who do not include a unit bid for CLIN P7100J may have their proposal considered to be non-responsive and ineligible for award.

1.1.12 FORCE PROTECTION

a. Under current US DoD policy, the DoD has no legal obligation for force protection of contractors or contractor employees. Contractors will be required to comply with all force protection guidance or requirements that may be forthcoming from the Republic of the Philippines and USG.

b. Within the intent of the terms and conditions of this contract, the Contractor will not be sent into areas where there are anticipated hostilities. If the Contractor considers a situation to be unsafe, they may inform the KO and negotiate an appropriate extension to the period of performance or until a safe environment can be re-established. Only when cognizant military officials have determined a site sufficiently stable will waste removal be required.

c. The Contractor shall refer all inquiries concerning the contract to the KO. The Contractor, employees of the Contractor, or any subcontractor employee shall not release any statement to the news media or any additional outside source without conferring with the KO.

1.1.13 MILITARY TRAINING EXERCISE SUPPORT

a. This contract includes disposal support to joint combined US/Philippine military training exercises within the Republic of the Philippines. The COR will provide the Contractor information in advance; however, due to the nature of exercises, some information may be adjusted during the course of the exercise, e.g., pickup points, short notice removal location changes, quantity estimates changes and access-controlled locations that require advance clearance notifications.

1.1.14 TRANSPORTATION

Contractor-provided transportation will comply with Section 28 of DENR Administrative Order No. 29-21, and other HN transportation requirements, as applicable, for the transportation of hazardous/non-hazardous materials and designated waste under this contract and U.S. Military Base Safety requirements, DOD Safety and Security policies while on DOD Installations.

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

NOTE: Each USG installation may have specific spill reporting requirements. The COR shall coordinate with the Contractor to ensure installation spill reports are completed and submitted to proper installation spill coordinators.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate according to compatibility 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 when picking up waste at multiple locations identified as pick-up locations within this contract, provided the waste is listed on the current TOs being picked up.

1.2.3 STATEMENT ON CONTAINERS

a. The Generator will offer all regulated waste for shipment in UN specification containers. All non-regulated waste containers must be compatible with their lading, closed in a manner so that the contents are fully contained when placed in any orientation, safe to handle, free of severe rusting, or oxidation. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity. The Contractor is responsible for all repackaging costs associated with special packaging required for segregation purposes and container acceptance criteria at the TSDF. The Contractor is responsible to ensure that all containers and packaging and crating are adequate for all modes of transportation required to transport the material to the qualified treatment /recycling / disposal facilities.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

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

The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The USG will not load at any location on any day in which the facility is closed unless otherwise specified. Unless otherwise provided in this contract, the USG will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

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 where available.

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

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

1.2.8.1 RESERVED

1.2.8.2 CONTAINERIZED WASTE

a. The term containerized waste refers to waste that is typically transported by a box truck or semi-truck and trailer or van, 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.

b. Containers shall be counted, weighed, and documented against the TO by the Contractor prior to removal. Although most containerized CLINs are priced by the container size (CLIN Suffixes C1-C6), weights must still be documented for other purposes such as manifesting and Generator reporting. The Contractor shall provide portable scales, which may be mounted to the truck or trailer, for weighing of items, and must first demonstrate reasonable weight accuracy to the Government representative. The use of commercial scales is not authorized for containerized items. Only materials being removed by the Contractor will be weighed, including the containers, pallets, and dunnage.

c. Drums larger than 55 gallons (CLIN Suffix “C5”) are to be used only for overpacking smaller drums when the smaller drum(s) are leaking or have the potential to leak. Generators shall be required to pay the Contractor based on the size of the overpack/salvage drum, and not on the size of the inner, overpacked drum(s).

d. Most containerized wastes are assigned a CLIN Suffix of C1-C6. These CLIN Suffixes correspond to a range of different container sizes and are ordered as each “EA”. CLINs for containerized aerosols, batteries, intact lamps, and some military items are designated with either CLIN Suffix C7 (LBS) or C8 (KG). CLINs for containerized PCBs are designated with CLIN Suffix C8 and are ordered in kilograms “KG”. CLINs for cylinders, vessels, canisters, and other miscellaneous waste streams have a CLIN Suffix of ME, M1, M2, or M3 and are also ordered as each “EA”.

1.2.9 – 1.2.13 RESERVED

1.2.14 TRANSPORTATION

a. Contractor-provided transportation will comply with all HN and DENR regulations for the transportation of hazardous materials and designated waste under this contract; USG and DOD installation requirements and Safety and Security policies while on DOD installations. Failure to meet these requirements may result in the USG halting the pick-up. A Transporter Application, (DLA Form 2503), shall be submitted for each additional transporter proposed after contract award for use on this contract. The Transporter Application must be submitted for review/approval; no substitute forms will be accepted.

1.2.15 PACKAGING, MARKING AND LABELING

a. The USG containerizes wastes in accordance with applicable U.S. standards; therefore the USG does not warrant the containers are suitable for transportation in accordance with HN environmental and local laws or international regulations for removal from the pick-up sites. The Contractor is cautioned to ascertain and assess the need for over-packing or repackaging based on the site visit.

b. The USG will not provide repackaging materials. The Contractor will not be reimbursed separately for repackaging expenses and should include these…