Attach 2 PWS Iwakuni.pdf

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 TRANSPORTATION

1.1.6 STATEMENT ON CONTAINERS

1.1.7 TRAILER SECURITY, PADLOCKS

1.1.8 HOURS OF OPERATION

1.1.9 CONTRACT RELATED DATA DISCLOSURE

1.1.10 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.11 DBIDS INSTALLATION ACCESS

1.2 REMOVAL

1.2.1 CONTRACTOR PACKAGING, MARKING AND LABELING

1.2.2 U.S. GOVERNMENT INSPECTIONS

1.2.3 SPILL RESPONSIBILITY

1.2.4 SEGREGATION OF HAZARDOUS WASTE

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITIES

1.2.6 WEIGHING OF ITEMS

1.2.7 TASK ORDER (TO) ADJUSTMENTS

1.2.8 LOADING

1.2.9 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE

1.2.10.2 CONTAINERIZED WASTE

1.2.10.3 AFFF CONCENTRATES, RINSATES, AND SOLIDS

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 REGULATED, NON-REGULATED ITEMS

2.1.1 ITEMS REGULATED IAW JEGS/GOJ

2.1.2 ITEMS NOT REGULATED BY JEGS/GOJ

2.1.3 CONTRACTOR ELECTED DETAILED ANALYSIS AND SAMPLING

2.2 ASBESTOS MANAGEMENT

2.2.1 DISPERSAL (FRIABLE) ASBESTOS CONTAINING MATERIALS

(ACM) BUILDING MAINTENANCE MATERIALS (SHIW)

2.2.2 NON-DISPERSAL (NON-FRIABLE) ACM (IW)

2.2.3 NON-DISPERSAL BUILDING MAINTENANCE MATERIALS ACM

(IW)

2.3 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.4.2.1 FACILITIES USED FOR THE COMBUSTION OF USED OIL

2.4.3 WASTE NOT MEETING RECYCLING PARAMETERS

2.5 DEMILITARIZATION

2.5.1 MILITARY ITEMS

3.0 MANAGEMENT SERVICES

3.1 EXPEDITED REMOVAL/PERFORMANCE OF SERVICES

3.2 RESERVED

3.3 TRANSPORTATION CHARGES FOR RETURNED SHIPMENTS

3.4 CLEANING OF TANKS

3.5 BULK LIQUID PUMPING

3.6 CERTIFICATES OF DISPOSAL, DESTRUCTION (CD) OR

RECYCLING

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVELS

5.0 QUALIFIED FACILITIES AND TRANSPORTER 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 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE

TECHNICAL REPRESENTATIVE

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 ACCEPTANCE & INVOICING DOCUMENTATION REQUIREMENTS

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 LIST OF CONTRACT ATTACHMENTS

12.0 ABBREVIATIONS, ACRONYMS AND TERMS

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the Iwakuni HW Disposal Contract. This contract covers the non-personal services and requires the removal, disposal/recycling and transportation of industrial waste from military installations throughout Iwakuni, Japan as identified in the U.S.

Government Japan Environmental Governing Standards (JEGS) and wastes regulated by Government of Japan (GOJ) as Industrial Waste (IW), Specially Controlled Industrial Waste (SCIW), Specially Handled Industrial Waste (SHIW), and listed within the Price Schedule (Attachment 1). Also included in this contract are special services in support of the removal and disposal/recycling of hazardous and regulated substances. Infectious, controlled, explosive and radioactive wastes, or mixtures of such wastes with hazardous waste (HW), will not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

b. The removal, transportation, storage, characterization, treatment, disposal, and recycling or recovery of wastes offered under this contract are to be performed in accordance with Japan Environmental Governing Standards (JEGS). Additionally, the Contractor shall perform work under this contract in accordance with the respective Japanese national, prefecture and local environmental laws and regulations, as well as any applicable international agreements governing the transportation of dangerous goods and safety and health laws and regulations;

international agreements governing the generation, storage, transportation and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment and the terms and conditions of this contract.

c. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract. The latest version of the OEBGD is available on the DoD Directives Website at:

http://www.esd.whs.mil/DD/) and the JEGS available at the time of this PWS issuance for the Japan where services will be required for this contract are in Attachment 4

d. The Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, containers, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement (PWS).

This includes ensuring all vehicles transporting materials subject to this contract are properly placarded in accordance with applicable Japanese transportation laws. All Contractor personnel are required to have appropriate current and valid working permits and shall be qualified via training and experience, commensurate with the duties they will perform.

NOTE: The words container and drum are used interchangeably throughout the PWS.

e. The Contractor shall furnish any necessary or required material to protect the shipment during periods of inclement weather. This will ensure the safety of containers and hazardous material/waste that is packed in absorbent type containers.

http://www.esd.whs.mil/DD/

f. The requirements in this PWS are not intended to contradict existing host country laws, regulations, decrees and orders or subsequent binding instructions from competent authorities. If the Contractor is aware of such a contradiction, the Contractor is responsible for identifying it to the Contracting Officer (KO) by submitting a written request to waive the PWS requirement causing a contradiction. The waiver request must provide details on which law, regulation, decree, order or binding instruction contradicts which particular section of the PWS. The KO will review the waiver request and determine if it is approved. The Contractor shall not commence performance under a waiver request until the KO has granted written approval of the waiver.

g. This contract is procured by the Defense Logistics Agency Disposition Services in support of military installations. The term “military installations” as used within this PWS refers to either installations operated directly by U.S. military forces or installations operated by the military forces of U.S. allied partners. For the purpose of this PWS, the term Installation Environmental Office (IEO) refers to the organization on each military installation that is responsible for environmental management. For U.S. military off-installation exercises, the term IEO refers an Environmental Officer or other representative responsible for environmental oversight of the exercise.

h. Evaluation of contract performance will be in accordance with Contractor’s Acceptable Performance Levels (APL) presented in Section 4. The Acceptable Performance Level (APL) Matrix Table states the surveillance methods and reductions for failures.

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 Representative must always perform in a prudent, conscientious, safe, and professional manner.

The Contractor shall ensure that its agents, employees, and representatives 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 Material Handling Equipment (MHE) and Personal Protective Equipment (PPE), unless otherwise stated elsewhere in this document, and must be appropriate to ensure safe handling of the hazardous waste. While operating on a DOD facility, Contractor-operated forklifts must meet specifications listed in the applicable facility permit. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by U.S. Government personnel while on Federal property.

1.1 PRE-REMOVAL

a. The Contractor is encouraged to perform a pre-removal inspection of all containers at least five (5) business days prior to the day of the removal. Any discrepancies associated with the marking, and/or labeling of containers, as described in Section 1.2.1, shall be corrected during the pre-removal inspection, if not corrected discrepancies shall be reported to the COR for resolution.

b. The Generator shall provide a current Hazardous Waste Profile Sheet (HWPS) for each item offered for disposal; a laboratory analysis, and/or Safety Data Sheet (SDS) will be on file to validate the HWPS. User knowledge HWPS shall be accompanied by supporting documentation to validate the hazardous waste identification. The HWPS shall be updated annually. Safety Data Sheets (SDS) for expired material will be acceptable as long as it is the manufacturer’s material being turn-in for disposal; no generic SDS’s will be used.

1.1.1 CLIN SELECTION CRITERIA

a. The waste description, generation process, physical state, and 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.

Base CLIN categories and their associated prefixes used in waste disposal CLINs under this contract are as follows:

(1) Batteries (BA) – Used for all battery types, some or all of which may be turned in as Industrial Waste (IW) where no waste codes are assigned, or as Specially Controlled Industrial Waste (SCIW), where applicable waste codes are assigned.

(2) Corrosives (CS) – Used for all corrosive wastes meeting the JEGS/GOJ definition of corrosive and carrying the waste code D002, J002, or unless the waste is concurrently assigned a D001, J001 (ignitable) or D003 (reactive) waste code. However, some corrosive acid oxidizers may carry the D001, J001 waste code and be assigned a CS CLIN.

(3) Compressed Gas Cylinders/Cartridges (CY) – Used for all types of compressed gas cylinders and cartridges. Cylinders are assigned Base CLINs based on the specific chemical name of the gas or gases comprising the contents of the cylinder. Cartridges are assigned Base CLINs based on whether the gas is flammable or inert.

(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001, J001 waste code, unless the waste is concurrently assigned a D003 (reactive) waste code. FL CLINs may also be assigned to waste streams not carrying the D001, J001 waste code, but containing flammable/combustible/ignitable constituents such as organic solvents or chemical and paint-related materials.

(5) Lab Packs/Loose Packs (LP) –

(6) Non-Regulated (NR) –

(7) PCB-Related (PC) – Containing or Contaminated by a Source >50 ppm (Not used in Standard Disposal Contracts in Japan)

(8) Recycle/Recovery (RE) –

(9) GOJ Regulated (RG) -

(9) Reactive (RX) –

(10) Toxic (TX) –

b. The Category and Base CLIN selection for each waste stream is determined by applying the following CLIN Selection Criteria using applicable EPA and JEGS waste codes:

1. PCB-Related, Containing or Contaminated by a Source >50 ppm (Not used in Standard Disposal Contracts in Japan)

2. Reactive (D003)

3. Ignitable/Oxidizer (D001, J001) – Including flammable/combustible waste, Subpart CC waste, but not chromic acid carrying a D001, J001 (Oxidizer), in which a corrosive CLIN is applied.

4. Corrosive (D002, J002)

5. Toxic (D004-D043, J004-J030)

6. Acutely Hazardous (P-Listed, F027)

7. Leachate (F039)

8. Electroplating-Related (F006-F012, F019)

9. Spent Solvent (F001-F005)

10. Other F-Listed

11. U-Listed

12. K-Listed

13. JEGS/GOJ-Regulated Waste (SCIW or SHIW)

14. JEGS/GOJ Non-Regulated Waste (IW)

c. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the Government. Upon receipt of the written Task Order if the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters:

1. The Contractor must notify the KO in writing at least five (5) business days before pickup, of the rationale and proof for waste rejection. This must include written input from at least two recycling facilities listed on the QFL, at least one of which is not owned by the Contractor.

2. The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the U.S. Government (KO/COR). If the U.S. Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

1.1.1.1 CLIN DISPUTES

a. CLIN discrepancies on a Task Order noted during the pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR with the Generator. If the COR and the Generator concur with the CLIN change request, a Task Order Modification will be submitted to the Contract Specialist.

b. If the Contractor asserts that an inappropriate disposal CLIN has been assigned, and a new CLIN needs to be assigned, the burden of proof lies with the Contractor. The waste in question shall not be treated or disposed of until the U.S. Government has made a final CLIN determination. The Contractor must provide documentation electronically to the KO via the COR which supports the assertion through independently acquired laboratory analysis, Treatment Storage Disposal Facilities TSRDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSRDF invoice at the Contractor’s expense. Written documentation solely requesting a CLIN addition without supporting documents will not be accepted. If the waste has been shipped and treated, no CLIN changes are applicable. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

c. If the Contractor fails to meet these requirements, the CLIN dispute will be null and void. The Contractor will be paid for the actual items and quantities removed per the awarded contract price.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, Customs notifications (if applicable), other notifications, waste profiles, and/or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation. This includes signing waste profiles required by Treatment Storage, Recycling, and Disposal Facility (TSRDF) on behalf of the U.S.

Government. All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

b. After contract award, the Contractor may submit proposals for additional TSRDFs in accordance with Section 5. All disposal, storage, transportation, chemical analysis and additional authorization costs required for the delivery of wastes/materials to facilities added to this contract, after award, will be prepared and performed by the Contractor at no additional charge to the U.S. Government. The current lists of qualified facilities and transporters list may be accessed at:

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

c. The Contractor, their employees, agents or any representative may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the U.S. Government or to provide information to perform work or gain access to the installation.

Example: pass and ID requirements, antiterrorist training, and Environmental Management System (EMS).

d. Any incidental prefecture or local fee, tax or penalty assessed against DOD/DLA Disposition Services arising from the Contractor’s decisions in the performance of this contract will be paid by the Contractor, including, but not limited to: Any fee, tax, or penalty levied as a result of a Contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

1.1.2.1 REPORTING REQUIREMENTS

a. The Contactor shall provide an annual report summarizing hazardous waste movements from point of generation to disposal facility to the COR. The summary shall be utilized as the tracking log. This report shall be in English and include the installation pickup name, international waste description according to the United Nation standards, and shall include the following method of disposal (i.e., incineration, landfill, energy recovery, or recycling). The output shall be provided in Excel format no later than 15 January of each year, or the next business day should the 15th fall on a weekend, through the last TO issued under the contract and shall be provided to the KO and the competent authorities upon request.

b. Manifest Tracking Log: The Contractor shall, within 90 calendar days of receipt of waste at TSDRF, complete Defense Logistics Agency (DLA) Form 2505 – Manifest Tracking Log (latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/), annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up (column 5) and the actual quantity disposal/recycled (column 13). The Contractor may use attachments to the form if necessary.

The Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

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

NOTE: All fields in report formats must be completely filled in English with reliable and accurate data.

The Manifest Tracking Log: DLA Form 2505 should be kept current and it may be supplied to the Generator upon request by COR/KO.

1. Company Name and address

2. Contract Number

3. Invoice amount

4. Task Order Number

5. Task Order Line item number

6. Document number (Distribution Standard System (DSS) number)

7. HIN (Hazardous Item Number)

8. Pickup Manifest Number

9. Disposal Facility and any other facilities utilized for storage, disposal, and recycling if different than a. above.

10. Quantity picked up

11. Applicable waste codes

12. Final treatment/and or disposal method description including recycling.

Handling or treatment codes if applicable for Japan.

13. Quantity disposed must match quantity picked up

14. Date of final treatment, and/or disposal, and/ or recycling.

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

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”.

Manifests will be provided and prepared by the Contractor and will be signed by the Generator in accordance with Japanese Laws. DLA Disposition Services COR(s) will not co-sign the manifest(s). The Contractor shall provide to the DLA Disposition Services COR coordinating the waste disposal a copy of the completed shipping papers for review at least five (5) business days prior to removal.

b. The Contractor shall prepare and provide, as required, Hazardous Waste Profile Sheets (HWPS) for acceptance of waste into a Qualified Facility and any other shipping documents to ensure appropriate tracking of the waste. The Generator via the COR shall provide HWPS as well as all other documentation required herein to the Contractor as requested to prepare documentation for acceptance of their waste into a Qualified Facility.

c. Each pickup manifest and bill of lading (i.e., with a Government activity identified as a Generator), as well as all other documentation required herein, shall be clearly and distinctly marked with the name DLA Disposition Services Iwakuni in addition to the Generator’s name, the contract and task order number, as applicable. The Contractor is responsible for any local Japanese emergency response requirements.

d. Any transportation and host nation manifesting requirements established by the International Maritime Dangerous Goods (IMDG) Code, the May 1989 Basel convention on the Trans-boundary movement of Hazardous Waste and their Disposal, or the International Carriage of Dangerous Goods by Rail (RID), (if applicable), must be completed and provided to the COR within 5 business days of removal. The COR has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation or environmental regulations.

e. The Contractor shall record the waste codes, quantities removed, unit of issue, manifest numbers, page and line item code and date removed on DD Form 1155 task order pickup report.

DD Form 1155 latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/ . The Contractor shall obtain the COR’s signature and date on the last page of the task order to verify the wastes removed and shall provide the COR and the Generator with a copy of the completed task order pickup report the same day.

1.1.4 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR or other U.S. Government representative, at least five (5) business days BEFORE attempting site visits, providing services, or removal efforts.

1. The Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number or Japanese equivalent and its expiration date, to the COR at least four (4) working days for local pass requirements prior to removal.

2. If a driver, other than the one specified four (4) working days in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated U.S. Government representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice (email) or fax from the Contractor.

1.1.5 TRANSPORTATION

a. Contractor-provided transportation will comply with all Japan laws and regulations for the transportation of hazardous materials and designated waste under this contract and U.S.

Military Base Safety requirements, DOD Safety and Security policies while on DOD installations. Failure to meet these requirements may result in the U.S. Government 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. DLA Form 2503 latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/ . The Transporter Application must be submitted for review/approval; no substitute forms will be accepted.

1.1.6 STATEMENT ON CONTAINERS

a. The Generator will offer all regulated waste 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 and shipping, free of severe rusting, or oxidation and not leaking. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity.

b. The Contractor is responsible for all repackaging costs associated with special packaging required for segregation purposes and container acceptance criteria at the TSRDF.

The Contractor is responsible to ensure that all containers and packaging and crating received from the Generator are adequate for all modes of transportation required to transport the material to a TSRDF in accordance with applicable Japanese regulations to assure public safety, and safe arrival at destination without damage or loss. Containers that do not meet Japanese transportation requirements will not be accepted by the Contractor.

c. The Contractor shall not remove any gas cylinder whose contents cannot be identified, or confirmed, or when no known disposal method is available. The Contractor will provide the COR with a written explanation for each cylinder refusal. Refused cylinders must be identified by serial number or other identifiable markings and the container identification number assigned by the Generator. These numbers/markings must be included in the written explanation of refusal.

NOTE: The words container and drum may be used interchangeably throughout the PWS.

1.1.7 TRAILER SECURITY, PADLOCKS

a. All trailers and tankers used by the Contractor, capable of being padlocked, must be padlocked upon arrival and prior to departure at the pickup location. Failure to meet this requirement could result in the U.S. Government’s halting of the pickup. Flat bed and open top trailers are exempt from this requirement. The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative. Japanese transporters with an internal locking mechanism instead of padlocks are acceptable. Only waste(s) managed under this contract, or another DOD/DLA contract, may be transported onto other DOD installations.

b. The COR or other U.S. Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.1.8 HOURS OF OPERATION

a. The U.S. Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract will be performed, on a daily basis, during regular working hours (0730 through 1630 hours, but may vary by installation) Monday through Friday. The specific date and time for off-site removal, services will be established by the COR, IEO and Contractor via an email pickup request. The COR and IEO will meet the Contractor at the scheduled pickup site at the agreed upon time.

b. The services performed under this contract will not be performed during U.S.

Government holidays and official national, state, or provincial public holidays in the Host Nation. The U.S. Government holidays are:

January 1st* 1st Monday in September 3rd Monday in January 2nd Monday in October 3rd Monday in February November 11th* Last Monday in May 4th Thursday in November July 4th* December 25th*

*If this date falls on a Saturday, the preceding day (Friday) is the U.S. Government holiday.

If this date falls on a Sunday, the following day (Monday) is the U.S. Government holiday.

c. Services will not be scheduled to be performed on a regular Japanese holiday or one designated by the Government of Japan:

January 8 (second Monday of January) Coming of Age Day February 12 * Foundation Day February 23 The Emperor's Birthday March 21 Vernal Equinox Day April 30 * Shōwa Day May 3 Constitution Memorial Day May 4 Greenery Day May 5 Children's Day July 16 (third Monday in July) Marine Day

August 11 Mountain Day September 17 (third Monday of September) Respect for the Aged Day September 24 * Autumnal Equinox Day October 8 (second Monday of October) Health and Sports Day November 3 Culture Day November 23 Labor Thanksgiving Day

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

1.1.9 CONTRACT RELATED DATA DISCLOSURE

The Contractor is required to keep all data, reports, or other information relating to the contract confidential. Release of all such information is conditioned on Defense Logistics Agency’s Disposition Services providing approval in writing prior to release. The release of information will be limited to the extent that otherwise confidential information is already in the public domain by acts of other parties (Freedom of Information Act) or that the consultant or contractor is ordered by competent judicial or administrative authority to disclose the information.

Disposition Services requires the contractor to be obligated to notify Disposition Services immediately upon receipt of such an order. Disposition Services requires that the contractor not share information related to the contract in any forum in a way that would create a conflict of interest with or otherwise adversely affect Disposition Services. Disposition Services reserves for its counsel the final determination regarding whether a conflict, potential conflict, or adverse effect exists.

1.1.10 ENVIRONMENTAL MANAGEMENT SYSTEM

a. Both DLA-DISPOSITION SERVICES and each military installation where work will be performed under this contract have implemented an Environmental Management System (EMS) in accordance with (IAW) International Organization for Standardization 14001:2004(E) and Department of Defense (DoD) requirements. An 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.

b. The DLA DISPOSITION SERVICES EMS program is explained in agency EMS Core Instruction (available at https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_0925201 5.pdf). Contractors and their personnel are required to be aware that each military installation has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. The Contractor may obtain documents explaining the local EMS for each military installation by contacting the COR.

1.1.11 DBIDS INSTALLATION ACCESS

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

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

b. U.S. Military installations in mainland Japan require that 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.

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. For DBIDS enrollment information, go to: https://www.cnic.navy.mil/om/dbids.html.

1.2 REMOVAL

1.2.1 CONTRACTOR PACKAGING, MARKING AND LABELING

a. When the Contractor chooses to overpack or salvage materials, they shall package, mark, and label the containers IAW the JEGS and/or applicable Japanese regulations. The Contractor shall furnish all required materials to perform any over packing. When repackaging is performed, the Contractor shall be responsible for disposal of the original container(s) in a manner compliant with all applicable regulations.

b. If the Contractor elects to overpack compatible items they must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list will be provided to the Generator and the COR. Contractor furnished overpack containers and materials will not be included in the total weight calculations for payment purposes.

c. The Contractor shall not package regulated waste together with non-regulated waste.

d. Prior to loading the transporters vehicle, the Contractor will mark and label all containers in such a manner that all Japanese laws, prefecture, and local regulations are met.

Packaging, proper shipping names, marking, labeling, etc., under the terms of this contract will be IAW Japanese laws, prefecture, and local regulations.

e. The Contractor shall provide and affix the appropriate placards and markings to each vehicle prior to leaving Government premises.

1.2.2 U.S. GOVERNMENT INSPECTION

a. All services will be subject to inspection by the KO and authorized representatives at all times, to include authorized contract audit companies. The U.S. Government and/or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, and approvals issued by any Governmental entity or agency to the Contractor or its Representative which are applicable to the performance of services under this contract; to https://www.cnic.navy.mil/om/dbids.html inspect and test, at its own expense, transportation vehicles or vessels, containers, and disposal facilities provided by the Contractor; and to inspect the handling, loading, transportation, storage and disposal operations conducted by the Contractor or its representative in the performance of this contract.

b. The U.S. Government and/or its representatives shall be afforded free access to any facility used by the Contractor and any representative in performing services under this contract, including offices and facilities where contract-related records are retained. U.S. Government inspections of Contractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the U.S. Government in determining the conformance of services with contract requirements.

c. The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government's right to conduct inspections at Government, Contractor, or Subcontractor facilities does not relieve the Contractor of this responsibility.

Neither U.S. Government failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the U.S. Government thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly IAW the contract.

d. The Contractor shall ensure that the inspection rights described herein are afforded the U.S. Government and/or its representatives by each subcontractor performing services under this contract.

e. As part of the Government’s right to conduct inspection of services under this contract, it shall be allowed to obtain information from host nation regulators that may be relevant to assessing the Contractor’s history of, or current, compliance with host nation environmental laws and regulations.

1.2.3 SPILL RESPONSIBILITY

a. The Contractor and/or Subcontractor shall have a serviceable, compatible and operable spill kit(s) on-site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no additional cost to the Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors shall be removed off-site the same day. The Contractor shall prepare a separate manifest for the spill cleanup removals.

b. 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 COR shall initiate a SITREP protocol immediately. The Contractor shall adhere to all Host or Installation 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 item spilled (including identity, quantity, manifest number, etc.).

2. Exact date, time and location (physical address) of spill including a description of the area involved.

3. Persons contacted or present at the time of the spill.

4. Initial containment procedures initiated.

5. Personal injury involved.

6. Required assistance.

7. Description of clean-up procedures employed at the site.

8. Anticipated future clean up and disposal procedures.

9. Name of facility and location to dispose of spill residue.

10. Narrative summarizing any communications Contractor has with any local military or Japanese Officials to include organization name, individual name(s), and phone numbers. This report will include any on scene visits by Japanese Officials. Copy of this report shall be attached to the spill report. Summary will include any communications Contractor had with media/press or U.S. Government officials other than the KO.

c. Upon completion of the cleanup and disposal of the residue the Contractor shall submit a summary report of the incident to the COR and KO. The report shall include: cleanup and disposal procedures taken, outside assistance required (if any), personal injury follow-up, and the names and telephone numbers of all national, regional, or local officials contacted during and after the spill incident and if possible precautions to be taken in the future prevent a reoccurrence of the event.

1.2.4 SEGREGATION OF HAZARDOUS WASTE

a. All items collected on this contract must be segregated according to compatibility and kept physically separate from any other items until the initial Treatment, Storage, Disposal & Recycling Facility (TSRDF) is reached. This includes separation inside the shipping container.

The items must be so marked, that they are readily linked to this contract throughout this period.

The Contractor shall annotate the Task Order and line item number on each item being removed for disposal. U.S. Government reserves the right to inspect the vehicle to ensure segregation is completed and correct.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

NOTE: Each U.S. Government installation may have specific spill reporting requirements; the Contractor shall be familiarized with all requirements. COR shall coordinate with the Contractor to ensure installation spill reports are completed and submitted to proper installation spill coordinators. A copy of these reports will be provided to the KO.

a. Recycling, treatment or disposal of hazardous waste by the Contractor on U.S.

Government premises is prohibited. Treatment is any process which meets the definition of treatment set forth in the JEGS and/or applicable local Japanese laws and regulations.

b. Draining will be allowed only to prevent leaking and to meet Japanese regulations and local safety regulations.

c. Treatment, disposal, or release of gases, other than graded breathing air to the atmosphere on U.S. Government premises is not permitted by this contract. The Contractor may perform gas extraction for other 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 WEIGHING OF ITEMS

a. Government scales will be used when available, operable, and authorized by the Government. 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-U.S. Government scales are operable and accurate through certification or demonstration.

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

c. Prior to the use of portable scales at each pickup site, the Contractor must demonstrate reasonable weight accuracy to the COR or designated U.S. Government representative. Only materials to be removed by the Contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight. The COR or designated representative will witness all weighing that occurs on site which will be the basis for payment.

d. The use of U.S. Government scales is allowed at the following locations:

Scale Type Location Bldg. # Capacity Pallet scale Kawakami Ammo Depot, Bldg. 2766-1 5000 lbs.

Pallet scale Akizuki Ammo Depot, Bldg. 218 5000 lbs.

1.2.7 TASK ORDER (TO) ADJUSTMENTS

a. All task order weights are estimated amounts. The Contractor can expect that the task order weights will require adjusting as removals take place, and the actual pounds being removed are measured. Therefore, the KO has the unilateral right to increase or decrease the task order weight in those instances where the KO has underestimated or overestimated the weight that will be removed. In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage.

b. In addition, the KO may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending task order 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 task order 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 task orders. No changes are made to the terms and conditions of the contract.

1.2.8 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The U.S. Government 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 U.S. 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 with loading during operations in remote areas, if the appropriate equipment is currently in use for Government operations and the offer is accepted by the Contractor (e.g., Government crane is on-site to move wreckage/debris and the Contractor needs to load cubic yard bags of soil to a transport vehicle). If both parties concur, the Government will make the initial placement of the item(s) on conveyance(s) furnished by the Contractor. The initial placement will be as determined by the Government.

c. The Generator may to perform Contractor surveillance during a HW removal or during the performance of a service when the DLA-Disposition Services COR is not available or onsite, commonly referred to as Virtual COR (VCOR). In such instances where the Generator agrees to perform VCOR duties, the Generator will complete DLA Form 2539 “Customer’s Verification of Waste Removal” and return to the COR, at which time the COR will close out the Task Order as applicable. The COR will provide DLA Form 2539 to the Generator.

1.2.9 GOVERNMENT EQUIPMENT & PERSONNEL

a. The Government is not required to furnish any equipment or personnel to assist in the performance of this contract unless otherwise stated on this Contract. Upon request by the Contractor, should the U.S. Government agree to assist, the U.S. Government may do so at no risk to the U.S. Government. The Contractor shall not request or accept U.S. Government assistance in the performance of this contract if the Contractor does not assume full responsibility for any mishaps that could occur as a result of utilizing such U.S. Government assistance. Only U.S. Government employees and authorized U.S. Government Contractors shall operate equipment used in assisting the Contractor. Typically, assistance will be limited to the use of Government-owned and operated loading equipment, e.g., forklifts and cranes.

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE

a. The term Bulk Waste refers to waste that is typically removed via, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Pumpable liquid wastes that are removed via totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are also considered bulk waste. Bulk waste does not refer to containerized wastes including waste contained in drums, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste.

b. The term Heavy Solids used in this document and the Price Schedule refers to heavy debris and bulk waste solids/sludges with a density greater than 600 Lbs/yd3 and shall be ordered using the bulk CLIN Suffix B1, B2, B3, or B4. The CLIN Suffix is assigned based on the net weight of each heavy bulk load. If a bulk load with a net weight of less than 10,000 Lbs is ordered, the bulk CLIN Suffix “B1” will be used. Loads weighing 10,000 to 20,000 Lbs will be assigned the bulk CLIN Suffix “B2”. Loads weighing 20,000 to 30,000 Lbs will be assigned the bulk CLIN Suffix “B3”. Loads weighing more than 30,000 Lbs will be assigned the bulk CLIN Suffix “B4”. Weights shall be determined using certified U.S. Government scales when available, or certified commercial scales when Government 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 U.S. Government representative and the Contractor.

c. The term Liquid(s) used in this document and the Price Schedule refers to liquid material which is pumpable by conventional pumping devices designed to pump low-viscosity liquids and largely free of suspended or settled (vs. dissolved) solids. A liquid that has become frozen due to ambient freezing temperatures but would otherwise be of liquid state at 72°F/22.22 ºC, will still meet the definition of liquid for purposes of this contract.

d. Bulk waste liquids will be pumpable by conventional pumps typically used on tank trucks and trailers, even if loaded by vacuum truck or trailer, and shall be ordered using the CLIN Suffix B5, indicating gallons (GL). Gallons are measured by metering or tank strapping or can be calculated using the density of the waste. Volumes are rounded to the nearest whole gallon using conventional (non-scientific) rounding rules.

e. Liquids in totes, also known as portable tanks and Intermediate Bulk Containers (IBC), come in various sizes. For purposes of this contract, liquid wastes that are removed in totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are considered bulk liquid waste. Bulk waste does not refer to wastes contained in drums or pails. Bulk liquid base CLINs will be suffixed with B5 and will be priced by the gallon for disposal.

f. Example: A tanker load of water (density = 8.33 Lbs/Gal) weighing 36,290 Lbs would be calculated as 36,290 Lbs/8.33 Lbs/gal = 4,356.54 gallons. This will be rounded up to 4,357 gallons. The density of the waste will be obtained from the waste profile sheet/SDS.

g. The term Sludge(s) used in this document and the Bid Schedule refers to material that is either (a) a multiphasic material with some combination of a liquid phase and a solid phase as defined above, (b) a slurry or mud-like material, such as liquid-saturated soil or tank bottoms, whereby solids are largely or completely suspended in liquid and typically flows under gravity, and may or may not be conveyable by high capacity pumping or vacuuming devices designed to move heavy material, or (c) a highly viscous liquid not pumpable by conventional pumping devices designed to pump low-viscosity liquids.

1.2.10.2 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, cubic yard boxes, military tri-wall boxes, IBC bags or super sacks, IBC totes, lamp boxes, cylinders, or palletized waste.

b. Containers shall be counted, weighed, and documented against the TO by the Contractor prior to removal. Weights must 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 when applicable.

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