Attachement 1_PWS_Belgium Netherlands_Contract Renewal_24-BE-200_v10Oct24 .docx

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

1.1.3.1 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED INFORMATION DESCLOSURE

1.1.8 DBIDs INSTALLATION ACCESS

1.1.9 CONTRACT PERSONNEL

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATE OF DISPOSAL/DESTRUCTION (CD) OR RECYCLING

2.2 RECYCLING

2.3 AFFF AND OTHER PFAS-RELATED WASTES

2.4 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.5 TREATMENT TECHNOLOGIES

2.6 DEMILITARIZATION

3.0 SPECIAL SERVICES

3.1 WASTE MANAGEMENT SERVICES

3.2 DUTCH TANK CERTIFICATE OF CLEANING AND REMEDIATION

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

3.4 DAILY RENTAL OF A LINED 7-CBM, 20-CBM AND 40-CBM ROB WITH COVER

3.5 WEEKLY RENTAL OF A LINED 7-CBM, 20-CBM AND 40-CBM ROB WITH COVER

3.6 MONTHLY RENTAL OF A LINED 7-CBM, 20-CBM AND 40-CBM ROB WITH COVER

3.7 INITIAL PLACEMENT OR REMOVAL OF EMPTY RENTED ROB – CLIN 1200RE

3.8 MOVE EMPTY ROB WITHIN INSTALLATION

3.9 RESERVED

3.10 RESERVED

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

3.12 INDUSTRIAL CLEANING SERVICES (ICS), WEEKLY, CREW OF 2

3.13 RESERVED

3.14 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3

3.22 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2 or 3

3.23 PERFORM ANALYSIS

3.24 PREPARE WASTE PROFILE SHEET

3.25 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS

3.26 LAB PACKING/LOOSE PACKING SERVICE

3.27 PACKAGING/REPACKAGING/LOOSE PACKING FOR COMPLIANCE

3.28 PROVIDE GENERATOR ELECTRIC MANIFEST ACCESS

3.29 CONTRACTOR PROVIDED PACKAGING CONTAINERS/MATERIALS

3.30 PEPARATION OF ANNUAL WASTE REPORT

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTER LISTS

5.1 POST AWARD USE OF 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 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

7.1 EXPEDITED 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

12.0 LIST OF ATTACHMENTS

13.0 ABBREVIATIONS, ACRONYMS AND TERMS

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the Belgium/Netherlands Regional Hazardous Waste (HW) Disposal Contract and requires the removal, transportation, recycling, and disposal of hazardous and regulated substances, and Per- and Polyfluoroalkyl Substances (PFAS) located in or around military installations in the countries of Belgium, Netherlands, Denmark, Germany and Luxembourg or within an 80-kilometer (50-mile) radius of any pickup point listed on this contract at no additional cost to the United states Government (USG). Pickup point locations for waste removals and other required services are identified in (Attachment 3) of the contract. 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, 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 kilograms. Pricing for bulk wastes will most commonly be based on liters, kilograms, or cubic meters, as applicable.

d. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract.

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, state, and federal laws and regulations relating to the generation, storage, and transportation of waste.

f. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) with Final Governing Standards (FGS) for the Host Nation (HN) of Belgium, Netherlands, Denmark, Germany, and Luxembourg. Additionally, the Contractor shall perform work under this contract in accordance with HN law, European Union (EU) and international environmental, 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. These standards, laws, regulations, and agreements apply to not only the country in which the waste is generated, treated, and disposed, but also to any transit countries through which the waste is transported. 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 volume 5 (Attachment 9) and also available on the DoD Directives Website at http://www.esd.whs.mil/DD/ and the FGS available at the time of this PWS issuance for the HN of Belgium, Netherlands, Denmark, Germany, and Luxembourg where services will be required for this contract are included as (Attachment 14, 15, and 16), the OEBGD will be used for HN’s that do not currently have a published FSG. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the USG and will require recycling or disposal as identified via the ordered Contract Line-Item Number (CLIN).

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

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

k. Industrial Cleaning Services (ICS) CLINs, when offered under this contract, require Contractor provision of all labor and equipment necessary to perform these services as specified under Section 3.0, Management Services.

l. Minimum TO charges under this contract will be $1,000.00, except where exceptions are otherwise specified in the contract, including but not limited to most management services, expedited removals and performance.

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

n. Time frames pertaining to equipment rental periods are expressed in calendar days. For timekeeping purposes related to equipment rental, the day of equipment placement, regardless of time, will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”. All subsequent calendar days thereafter, whether in whole or in part, will constitute one (1) day toward the ordered rental period. For purposes of this contract, a calendar day will be defined as every day of the calendar year.

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 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 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. 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

a. CLINs are assigned to waste streams by the waste description, generation process, and physical state. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Base CLINs offered to Generators for use in the Price Schedule have a corresponding potential European Waste Code(s) (EWC). Potential EWCs for purposes of this contract does not imply that any or all those waste codes so listed will apply. This information is offered as additional reference information. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:

(1) Alcohol and Solvents (AS) – Used for alcohol and solvent wastes.

(2) Batteries (BA) – Used for all battery types.

(3) Corrosives (CA, CB) – Used for corrosive acid and base wastes.

(4) Chlorine Containing (CL) – Used for chlorine containing wastes. Includes chlorine gas in cylinders.

(5) Compressed Gas Cylinders/Cartridges (CY) – Used for all types of compressed gas cylinders, vessels, canisters, and cartridges.

(6) Heavy Metal (HM) – Used for heavy metal containing wastes. Includes (but not limited to) mercury, chromium, chromium VI, lead, iron, and beryllium.

(7) Miscellaneous Wastes (MS) – For purposes of this contract includes both hazardous and non-hazardous EWC wastes that are not necessarily associated with or identified by its physical or chemical characteristics.

(8) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of polychlorinated biphenyls (PCBs) that is equal to or greater than 50 parts per million (ppm). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below regulatory thresholds.

(9) POL (PL) – Used for petroleum, oil, and lubricate wastes.

(10) Printing and Photographic (PP) – Used for printing and photographic products. Includes halogenated and non-halogenated toners, inks, fixers, bleaches, and developers.

(11) Pesticides (PS) – Used for pesticides, herbicides, fungicides, and insecticides

(12) Paint Waste (PT) – Used for halogenated and non-halogenated paints, glues, adhesives, and resins.

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. 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 Contracting Officer (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 USG’s final determination.

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expense to the U.S. USG, the Contractor shall be responsible for paying all fees, preparing, or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes signing (on behalf of the U.S. USG) waste profiles requested by TSDF. All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with Belgium, Netherlands, Denmark, Germany, and Luxembourg or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to Belgium, Netherlands, Denmark, Germany, and Luxembourg or any state agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

f. Disposal Manifest and Collective Disposal Manifest: At beginning of contract, prior to any HW removals for Germany locations, Contractor will provide the DPW-Environmental Division the digital 5-year disposal manifest (Entsorgungsnachweis) for waste stream >20 tons per calendar year and collective disposal manifest (Sammelentsorgungsnachweis) for each waste streams <20 tons per calendar year which will be disposed of by U.S. USG installations. The contractor shall prove the appropriate disposal of HW by using the disposal manifest (Entsorgungsnachweis, EN) or the collective disposal manifest (Sammelentsorgungsnachweis, SN) prior to disposal of HW for each waste type, comprising a completed cover sheet for records of proper waste management (Deckblatt Entsorgungsnachweis, DEN), declaration of the waste generator (Verantwortliche Erklärung, VE) that includes a declaration analysis of the waste (Deklarationsanalyse, DA), declaration of acceptance from the waste disposal facility (Annahmeerklärung, AE), and, if required, confirmation from the appropriate German authority responsible for certifying the disposal facility (Behördenbestätigung, BB). See HN FGS for additional information.

g. European Waste Code and Treatment, Storage, Disposal and Recycling Facility Listing by Contract Line-Item Number: Within 14 business days after award, the Contractor shall email the COR and designated DPW- Environmental Division a spreadsheet listing the European Waste Code (EWC) and Treatment, Storage, Disposal and Recycling Facility (TSDF) to be used for each disposal/recycling CLIN (i.e., CLINs BA01 – PL99, N04000 to N39999 & N80000 to N80999). This spreadsheet must be updated and resubmitted to the COR and designated garrison representatives within five (5) business days of a change in EWC or TSDF for any disposal/recycling CLIN. The spreadsheet must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.1.2.1 REPORTING REQUIREMENTS

a. The Contractor shall provide to the designated garrison representative, COR and the KO a report that summarizes hazardous waste/material movements from the point of generation to the final TSDF. The Monthly HW Report Form shall be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user (all fields must be reliable and accurate). The report shall be provided electronically by the 15th day of the following month and must contain the following data fields in English for each Disposal Turn-In Document (DTID):

· DTID Number

· Removal Date

· Installation Name

· Pickup Point/Location (Building Number and Organization)

· Delivery Order Number

· CLIN

· Waste Description (as per CLIN)

· European Waste Code

· Container Type

· Quantity of Containers

· Disposal/Recycle Weight in kilograms (kg)

· Disposal/Recycle Cost in contract currency

· Manifest Number

· European Council Directive 91/156/EEC Annex II Disposal Method

· Final TSDF

· United Nations (UN) Number

· Proper Shipping Name

· Hazard Class

· Packing Group

· Tunnel Restriction Code

· Additional Information (as necessary)

b. The contractor shall provide an annual report summarizing hazardous/special waste movements from point of generation to disposal facility. The output shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR and the DPW- Environmental Division electronically and on a CD ROM no later than 15 January of each year. The report shall contain all of the data elements identified in the monthly hazardous report form.

1.1.3 SHIPPING AND DISPOSAL DOCUMENTATION

a. The Contractor shall prepare, complete, and return signed copies of manifests and other shipping documents as required by law in the country the waste is being removed under this contract and other HN countries through which the HM/HW is transported or disposed. Manifest documents will be serial numbered and in bilingual (HN language-English) format if authorized under HN law. If bilingual manifests are not authorized or available, the Contractor shall prepare separate HN 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 18) 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.

b. 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.

c. 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.

d. 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.

g. 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.

h. 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.

i. For Germany the Contractor shall prepare, complete and return signed copies of appropriate shipping papers, as required by the HN and/or any other applicable national or international environmental laws and regulations.

j. The Contractor shall be ready for signature under ZKS (Zentrale Koordinierungsstelle der Länder) at least two (2) days prior to the removal of the waste from the installation.

k. The contractor shall prepare, complete, and provide original shipping papers (Uebernahmeschein/Begleitschein, other related documents) to the designated garrison representative signing the shipping papers and copies plus signed 1155 to the COR and the DPW-Environmental Division personnel at time of shipment.

l. All hazardous waste leaving the installation shall be accompanied by a serial numbered manifest/shipping paper to ensure a complete audit trail from point of origin to ultimate disposal. HN or international form(s) are required.

m. The contractor shall be notified of any COR requested corrections to the shipping paper before pickup, if possible. Removal may be halted by the COR until the required documentation is provided.

n. Any waste scheduled to be removed from the installation that continues to not have the proper documentation shall be shipped later when the proper documents are provided. The contractor shall bear all costs because of such a delayed shipment.

o. The contractor shall provide returned completely signed copies of shipping papers as required by the HN and/or any other applicable national or international environmental laws and regulations.

p. The designated garrison representative is responsible for signing the Uebernahmeschein/Begleitschein. The designated garrison representative has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation, safety or environmental regulations to COR and designated garrison representative.

1.1.3.1 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN – CLINs A6065A

a. If Basel approval is required for export, the Contractor shall prepare appropriate notifications required to move and dispose of all waste listed in the price schedule. However, the Contractor shall only initiate a Basel request upon receipt of a TO requiring Basel notification(s), and thereafter maintain any approved Basel notifications for the lifecycle of the Basel (typically twelve (12) months each). The Contractor shall prepare all notification documents and act as the ‘IMPORTER” of the waste. The generator will act as the “EXPORTER” signing the appropriate block on the form. Photocopies of the application for notifications shall be provided to the COR and the KO. While approval from transitory and final disposal countries is pending, the Contractor shall provide a status report to the COR and KO on or before the 1st and 15th calendar days of each month until all subject notifications are approved. The Contractor shall utilize Form XYZ “Basel Notification and Approval Status Report” as the reporting document. The Contractor shall ensure the report is complete, accurate, and submitted timely.

b. Once these notifications are approved by National Competent Authorities, copies of approved notifications shall be provided to the COR and KO. Once the waste has been removed from the installation, the Contractor shall provide the COR and KO with a copy of the signed and dated Basel Trans-Boundary Movement Document (Basel convention, Article 6, Paragraph 9) no later than 60 days following the acceptance of the waste by the TSDF. Photocopies of all completed shipping documents shall be forwarded with the invoice to include the Basel showing acceptance of the waste at the TSDF. The documents must reference the applicable contract number and TO number. Upon release of a TO for Basel permits, the Contractor shall provide weekly reports to the KO outlining the step at which the Contractor is at obtaining follow-on notifications to ensure there is no lapse in service.

c. The Contractor will ensure that the waste streams and the geographic distance involved the transboundary movement of waste are reduced to the minimum necessary to comply with the treatment/disposal technologies specified in this contract and with any applicable international agreements.

Note: All costs associated with the Basel Notification process shall be priced within the price schedule under each CLIN required. No additional CLINs shall be ordered to compensate for costs associated with the Basel request and approval process.

All hazardous waste may be disposed and exported out of country unless the specific country does not allow exportation of Hazardous Waste.

Recycling of waste such as used oil, oily rags, used oil or fuel filters, and used coolant will be disposed in-country if a TSDF is available and is approved by DLA. DLA Disposition Services is authorized to add additional CLINs to this list if suitable in-country disposal options are identified.

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 KO, 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 OR TRAILER SECURITY

a. All Contractor trailers capable of being padlocked shall be padlocked upon arrival at the pickup location. Failure to meet this requirement may result in the USG's halting of the pickup. All trailers capable of being padlocked shall also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other USG representative(s).

b. The USG has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this Contract. The USG 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 USG believes that 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

a. The service to be performed under this contract shall be performed during normal USG working days, as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal Holidays. Work that cannot be completed by close-of-business for the TO site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation.

US Holidays

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

Belgium Holidays

Denmark Holidays

German Holidays

Luxembourg Holidays

Netherlands Holidays

* The contractor shall provide prior to the beginning of the year, a list of all local holidays that vary from year to year.

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

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 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 DBIDS INSTALLATION ACCESS

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

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

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

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

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

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

1.1.9 CONTRACT PERSONNEL

a. All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, and in accordance with applicable DoD guidance and HN environmental and safety rules and regulations. Contract personnel performing work under this contract will have at a minimum Technical Rules for Hazardous Substances 520 (TRGS 520) basic training. Contract personnel performing duties under the management service CLINs appearing on the Price Schedule shall require additional training and competency skills. See Section 3 of this PWS for additional information. 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 USG, the Contractor shall provide proof that these trainings were completed.

b. The Contractor shall provide a list of the names and telephone numbers of the contract manager, the alternate contract manager and the on-site technical representative (OST) to the COR. This list shall be updated within five (5) calendar days of a change in personnel.

c. The Contract manager and his alternate shall have full authority to act for the contractor on all contract matters relating to the operation of this contract, i.e., all contract arrangements and required 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 employees so designated.

d. Contract personnel shall present a neat appearance and be easily recognized as contractor's employees. Contractor and sub-contractor personnel shall have the ability to communicate (i.e. cellular telephones) with the CORs, DPW-Environmental Division point of contact (POC), and the Contract Manager when they are on-site or transporting hazardous waste.

e. The Contract manager, alternate contract manager, and the OST shall be able to read, write, speak, and understand English proficiently. All correspondence related to this contract shall be in the English language. They shall be able to actively participate in English conversations concerning technical issues associated with this contract.

f. 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.

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 is solely responsible for containment, cleanup and disposal of all spills, leaks, spill residue, and/or debris, and includes appropriate container packaging, labeling, and documentation for shipment during the performance of this contract that occurs because of, or is contributed to by the actions, of its agents, employees, or representatives. The Contractor agrees to clean up such spills as outlined in the following, the site-specific Spill Response Plan(s), and in accordance with applicable local laws and regulations at no cost to the USG.

b. Contractor shall dispose of all spill residues and debris at no additional cost to the USG and provide proof of disposal.

c. The contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment and disposal of waste under this contract. This plan shall be used in conjunction with the USAG Wiesbaden Spill Notification Procedures. See assigned COR for a copy of these notifications procedures as required.

d. The contractor shall immediately notify the DPW-Environmental Division POCs, KO, and the COR of any spills or releases resulting from the performance of this contract (for both spills occurring on USG controlled property and non-USG controlled property). Contractor shall provide a written report to the DPW-Environmental Division POCs, KO, and COR, no later than 24 hours after the spill or release.

e. At a minimum, the immediate notification to the KO, COR, and DPW-Environmental Division POCs shall include: Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, storm drains, etc.); personal injury involved, outside assistance required (if any); Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill.

f. At a minimum, the written report to the KO, COR, and DPW-Environmental Division POCs shall include: Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, storm drains etc.); personal injury involved, Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill; outside assistance required (if any); personal injury involved; and the names and telephone numbers of all national, regional or local officials contacted.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

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

a. 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 to include containers used at all satellite accumulation points as required. The USG may choose to procure containers and other supplies through this contract or by direct purchase from other vendors. When procured through this contract, the Contractor shall deliver the item(s) to a single receiving point at the installation within 25 business days following issuance of a written TO.

1.2.4 U.S. GOVERNMENT EQUIPMENT & PERSONNEL

The USG shall not typically furnish equipment or personnel to assist in the performance of this contract.