Attachment 01_PWS_United Kingdom.docx

UNITED KINGDOM HAZARDOUS WASTE DISPOSAL CONTRACT

05 December 2025 (MSR)

Table of Contents

INTRODUCTION

CONTRACTOR PERSONNEL

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

1.1.2 PERMITS AND SPECIAL REQUIREMENTS

1.1.3 SHIPPING AND DISPOSAL DOCUMENTATION

1.1.4 CLIN DISPUTES

1.1.5 NOTIFICATIONS

1.1.6 CONVEYANCE VEHICLE, TRAILER, AND SHIPPING CONTAINER SECURITY

1.1.7 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

1.1.8 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.9 RESERVED

1.1.10 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) INSTALLATION ACCESS

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

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

1.2.3 STATEMENT ON CONTAINERS

1.2.4 USG EQUIPMENT AND PERSONNEL

1.2.5 TREATMENT OF HM/HW ON U.S. MILITARY INSTALLATIONS

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS, BULK AND CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

1.2.8.2 CONTAINERIZED WASTE

1.2.9 BULK LIQUID PUMPING

1.2.10 BULKING AND CONSOLIDATION

1.2.11 STANDARD AND EXPEDITED PERFORMANCE TIMES

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION AND RECYCLING

2.2 EMPTY CONTAINERS

2.3 TREATMENT TECHNOLOGIES

2.4 RECYCLING

2.5 AFFF AND OTHER PFAS-RELATED WASTES

2.6 DEMILITARIZATION

2.6.1 ELECTRONIC WASTE (E-WASTE) D4R SCRAP INTACT AND SHREDED

2.7 PCB-RELATED WASTES

2.8 COMPRESSED GAS CYLINDERS AND CARTRIDGES

3.0 SPECIAL SERVICES

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

3.2 DAILY RENTAL OF A LINED 7-Yd3, 20-Yd3 and 40Yd3 ROB WITH COVER – CLINs 1010RE, 1020RE and 1040RE.

3.3 WEEKLY RENTAL OF A LINED 7-Yd3, 20-Yd3 and 40Yd3 ROB WITH COVER – CLINs 1011RE, 1021RE and 1041RE.

3.4 MONTHLY RENTAL OF A LINED 7-Yd3, 20-Yd3 and 40Yd3 ROB WITH COVER – CLINs 1012RE, 1022RE and 1042RE.

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

3.5.1 MOVE EMPTY ROB WITHIN INSTALLATION – CLIN 1100SV

3.5.2 CONTAINER RENTALS – CLINs 1305RE and 1307RE

3.6 RESERVED

3.7 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2 – CLIN 1002SV

3.8 RESERVED

3.9 ICS, WEEKLY, CREW OF 2 – CLIN 1003SV

3.10 ICS, DAILY, CREW OF 3 – CLIN 1007SV

3.11 ICS, WEEKLY, CREW OF 3 – CLIN 1008SV

3.12 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 2 – CLIN 1080SV

3.13 SURCHARGE FOR WEEKEND ICS WORK, DAILY, CREW OF 3 – CLIN 1081SV

3.13.1 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2 or 3 – CLIN 1099SV

3.14 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE WORK, DAILY, CREW OF 2 OR 3 – CLIN 1083SV

3.15 PERFORM LABORATORY ANALYSIS (Applies to all Sampling & Analysis CLINS)

3.16 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS – CLIN 1001SA

3.17 PERFORM OVERPACKING/LOOSE PACKING SERVICES – CLINs 1202SV-1207SV

3.18 PERFORM LAB PACKING SERVICES – CLINs 1208SV-1212SV

3.19 CONTRACTOR PROVIDED PACKAGING CONTAINERS / MATERIALS – CLINS 1010SP- 1809SP and N67000 – N69300

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF USG INSPECTION

6.3 RESERVED

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

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

7.1 EXPEDITED PERFORMANCE OF SERVICES

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

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

11.0 PERIOD OF PERFORMANCE

12.0 LIST OF ATTACHMENTS

13.0 ACRONYMS AND TERMS

INTRODUCTION

a. This contract is referred to as the United Kingdom Hazardous Waste Disposal Contract. Contractor work under this contract will consist primarily of the removal, transportation, treatment, recycling, and disposal of hazardous materials (HM) and hazardous waste (HW). HM/HW in the United Kingdom (UK) is primarily generated by the United States Air Force at installations located throughout the country. However, additional waste may be generated for disposal at United States (U.S.) Military off-installation exercises conducted throughout the Host Nation (HN) of the UK. The U.S. Government (USG) may order various additional services in accordance with (IAW) this contract including but not limited to the provision of supplies, sampling and analytical services, equipment rental services, overpacking/loose-packing services, industrial cleaning services, and other services supporting environmental and waste management programs and activities. Infectious or biohazardous medical wastes, controlled pharmaceutical wastes, radioactive wastes, and Materials Potentially Presenting an Explosive Hazard (MPPEH) will not be turned in for removal under this contract.

b. For purposes of this contract, the terms waste, wastes, and HM/HW are used interchangeably throughout this document and shall always refer to a hazardous substance, material, or waste corresponding to a European Waste Catalogue (EWC) number. Wastes turned in for removal from Department of Defense (DoD) installations under this contract may or may not be hazardous according to HN environmental laws and regulations.

c. For purposes of this contract, “TSDF” shall refer to Treatment, Storage, and Disposal Facilities. It shall also refer to recycling facilities and interim facilities used to bulk, consolidate, and/or repackage HM/HW before transporting to a final TSDF. TSDFs are only qualified for use in support of this contract when they are licensed by the HN designated authority and listed on the Defense Logistics Agency (DLA) Qualified Facilities List (QFL) at:

https://www.dla.mil/Disposition-Services/Offers/Hazardous-Waste-Disposal/Qualified-Facilities-List/.

d. The Contractor shall utilize only TSDFs that are listed in the QFL from the time of removal to final disposal or recycling.

e. Handling and management of HM/HW performed by the Contractor under this contract shall be performed in strict compliance with all HN and European Union (EU) standards, laws, and regulations including the Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), International Maritime Dangerous Goods (IMDG), Environmental Final Governing Standards (FGS) for the United Kingdom, June 2024 (Attachment 13), and all updates thereto. 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.

f. The USG shall purchase and provide ADR-compliant containers used for the removal and transportation of HW under this contract unless otherwise stated in the contract. Containers include but are not limited to drums, barrels, pails, IBCs/totes, and boxes as required for proper packaging, storage, and transportation of all dangerous goods including HW. The USG may choose to procure containers and other supplies from the Contractor through this contract for delivery within 10 business days or by direct purchase from other suppliers.

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

h. Performance requirement times under this contract vary by services ordered. The standard removal time for containerized and bulk HM/HW is 10 business days. Business days are defined in Section 1.1.6. The performance times for provision of other services are identified in Section 7.0 of this PWS document.

i. Minimum Task Order (TO) charges for containerized wastes under this contract will be GBP £1,000.00 except bulk removals where minimum TO charges do not apply and where otherwise specified in this contract, including but not limited to various special services. Containerized and bulk HM/HW removals will be ordered on separate TOs.

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

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

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

CONTRACTOR PERSONNEL

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

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

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

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

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

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

1.0 REMOVAL PHASES

The requirements for removal of HM/HW under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor shall always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure all personnel handling HM/HW are properly and currently trained per HN and DoD installation requirements to the level of expertise required for performing in the areas of chemical compatibility, general first aid procedures, and HM/HW spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) appropriate to the scope of work required on the TO unless the USG offers to assist the Contractor with loading per 1.2.6 (c). The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on USG property. See Attachment 3 for a list of Primary Pickup Locations.

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

a. CLINs are assigned to waste streams by the Government and were (initially) designed around US Resource Conservation and Recovery Act (RCRA) regulations, treatment, and disposal technology standards. These CLINs were further adapted to allow HN regulations to be used in OCONUS locations based on similar criteria. ADR regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process and physical state 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.

b. Base CLINs offered to Generators for use in the Price Schedule have a potential corresponding European Waste Catalog Code (EWC). Potential EWCs for the purpose of this contract do 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) Alcohols / Solvents (AS) – Used for all types of alcohols/solvents including a variety of liquids and sludges such as liquefied hydrocarbons, pure and denatured alcohols and thinners.

(2) Batteries (BA) – Used for all battery types, some, or all of which may be turned in as Universal Waste (UW) where no EWC’s are assigned, or as Hazardous Waste (HW), where applicable EWC’s are assigned.

(3) Corrosive Acids (CA) – Used for all corrosive acid wastes meeting the definition of corrosive unless it is a Lab Pack/Loose Pack.

(4) Corrosive Bases (CB) – Used for all corrosive base wastes meeting the definition of corrosive unless it is a Lab Pack/Loose Pack.

(5) Chlorine Containing Compounds (CL) – Used for all solid or liquid Chlorine Containing Compounds including but not limited to laundry bleach.

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

(7) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers unless it is a Lab Pack or Loose Pack. FL CLINs may also be assigned to waste streams containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

(8) Heavy Metals (HM) – Used for all heavy metal contaminated solids and/or liquids

(9) Miscellaneous (MS) – Used for both hazardous and non-hazardous EWC wastes that are not necessarily associated with or identified by its physical or chemical characteristics.

(10) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of 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. Additionally, there may be some regulated PCB-related wastes to a concentration threshold that is lower than 50 ppm. The Contractor is required to comply with HN regulations, as applicable, in the management of such PCB-related wastes.

(11) Petroleum (PL) – Used for petroleum, oil, and lubricating wastes.

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

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

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

(15) Lab Packs/Loose Packs (LP) – Used for most overpacked small containers of chemicals and consumer commodity-type products. “Lab Pack” refers predominantly to the overpacking of multiple containers of like laboratory chemicals into a single outer container. The chemicals must be of the same hazard class and a detailed inventory must be affixed to the outer container. Lab packing is a packaging method performed by the Contractor (or subcontractor) under a separate service CLIN. “Loose Pack” refers predominantly to the overpacking of multiple containers of like consumer commodity products (e.g., paints, lubricants, expired products, etc.) into a single outer container and does not require the preparation of a detailed inventory. Generators of this waste may be authorized to loose-pack containers for turn-in. Lab-packed and loose-packed drums and boxes containing smaller containers of same type wastes provide the best alternative when consolidation is impractical. For purposes of disposal, Lab Packs and Loose Packs share the same Base CLIN depending upon the contents of the inner containers and their assigned Waste Code(s) when applicable.

(16) Non-Regulated (NR) – Used for wastes that are not deemed hazardous under HN regulations and carry no EWC’s. The Contractor is required to comply with HN regulations as applicable, in the management of such NR hazardous wastes.

(17) PFAS-Related (PF) – Used for various wastes containing or contaminated by a source of PFAS including some AFFF wastes that may or may not be regulated under HN rules. Some Generators of PFAS-related wastes may choose to utilize “PF” Base CLINs, even when PFAS concentrations fall below regulatory thresholds. The Contractor is required to comply with HN regulations, as applicable, in the management of such PFAS-related wastes.

(18) Recycle/Recovery (RE) – Used for various wastes that require by contract and/or regulation the recycling/recovery of constituents and/or components contained in the waste stream, including some universal wastes, lamps, high mercury devices and residues, antifreeze, used oil, oil filters, and fully drained fuel filters. When “RE” CLINs are ordered, the Contractor is required to recycle/recover the waste under which the CLIN was ordered.

(19) Reactive (RX) – Used for various reactive wastes potentially bearing reactive characteristics. All reactive wastes will be turned in for disposal using an “RX” or appropriate “LP” Base CLIN, except for waste also contaminated by a source of PCBs that is equal to or greater than 50 ppm.

(20) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive respectively; apart from hexavalent chromium (Cr+6) related waste due to the oxidizing properties of Cr+6.

b. Base CLIN selection criteria is further based upon information found in the waste profile sheet to include the waste description, physical state of the waste, and the presence of any Waste Code(s) assigned (only to regulated HW). The Government is responsible for assigning proper profile-based CLINs to every waste stream being turned-in for removal. See Master Base CLIN Catalog at the below link.

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

NOTE: Some waste streams may fit under more than one CLIN. A CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible Waste Codes, as specified for that CLIN in the contract.

1.1.2 PERMITS AND SPECIAL REQUIREMENTS

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

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

c. The Contractor is hereby notified that access to military installations serviced under this contract may be limited to individuals who are citizens of United States (US) or the UK. Individuals accessing these installations must not have dual citizenship (except in the case where the individual is a dual citizen of the US and UK) and may be required to submit an installation access request. Installation access forms must be submitted at least two (2) full working days prior to the anticipated date of base access. Proof of citizenship (valid passport) is required when submitting an installation access request and on each occasion when entering the base. Additionally, the use of tablets/laptops and/or photography may be prohibited in restricted areas. When accessing restricted areas, contractor personnel may be required to surrender all electronic items (including but not limited to phones, tablets, laptops, smart watches, dashboard cameras). Vehicles accessing restricted areas are subject to being searched by security personnel and search dogs.

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

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

f. The Contractor shall ensure correct European Waste Catalogue (EWC) numbers are assigned to the Producer’s (Generator’s) waste streams as established by European Commission (EC) directive 2001/118/EC, and updates thereto, prior to their removal from the installation. Should the USG question or disagree with the Contractor’s assigned EWC number, a bilateral resolution will be reached before the waste is removed from the installation.

1.1.3 SHIPPING AND DISPOSAL DOCUMENTATION

a. In addition to the requirements identified herein, the Contractor’s transporters must comply with the most current manifest regulations including digital formats. The Contractor shall prepare, complete, and return signed copies of manifests and other shipping documents as required by law in the UK and other HN countries through which the HM/HW may be transported or disposed.

b. All shipping documents shall include the designated Generator, Transporter, and TSDF Identification (ID) numbers, even when not 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. Business Registration or Business License 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. For the purpose of the PWS, the IEO refers to the organization on each military installation that is responsible for environmental management.

d. The COR and/or IEO 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.

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

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

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. All HM/HW will remain within the borders of the UK from the point of generation or pickup location to the final TSDF when qualified facilities are available. When exportation from the UK is required, all HM/HW shall remain within the boundaries of the EU where HN laws and FGS shall apply. Where FGS do not exist, the current DoD Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Document (OEBGD) and updates thereto shall apply.

i. 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 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 the UK 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.

j. Annual Waste Reports: When CLIN 1305SV is ordered the Contractor shall provide to the IEO, COR, and KO on an annual basis a Fiscal Year (FY) Annual Report or a Calendar Year (CY) Annual Report. The FY Annual Report will be provided by 10 October for the previous fiscal year. The CY Annual Report will be provided by 15 January for the previous calendar year. Both reports shall summarize all waste movements from the points of generation to the final TSDFs. The FY Annual Report/CY Annual Report shall include the data elements below for each Turn-In Document (DTID).

1.1.4 CLIN DISPUTES

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

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

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

d. The Contractor must ensure that the waste in question is not treated or disposed of until the Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the Government’s final determination, the Contractor will be deemed to have waived its objection to the Government’s CLIN assignment, and the disposal or service must be invoiced based on the CLIN designation on the TO. Failure to timely dispute a CLIN designation on the TO in accordance with this provision, when the basis of the dispute was or should have been known to the Contractor, is itself a breach of the contract’s terms and cannot form the basis for a later claim under the Disputes clause of the contract.

e. If the CLIN dispute cannot be resolved to the satisfaction of the parties, the Contracting Officer will treat the dispute as a Contractor claim involving the interpretation of contract provisions applicable to the assignment of CLINs. The Contractor shall be provided the opportunity to provide additional information or evidence, and the Contracting Officer shall issue a final decision within 60 days or such other reasonable time as may be appropriate under the Contract Disputes Act.

1.1.5 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 and IEO with the following driver and truck information:

· Transporter company name,

· Driver’s name,

· Commercial Driver’s ADR Certification number and expiration date,

· Contractor Personnel badge number and expiration date, if applicable,

· Truck/lorry badge number and expiration date, where applicable, and

· Other information as required by the Installation Security Office

(2) A local Dangerous Goods Advisor (DGA), Installation Security Officer and/or the IEO may attend HM/HW removals to verify the driver’s credentials, check fire extinguishers, safety vests, etc.

(3) The Contractor may proactively provide the COR and IEO 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.

(4) 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. The contractor should note that security procedures vary by installation and additional approval for access may be required (See 1.1.2).

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

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

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

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

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

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

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

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

1.1.6 CONVEYANCE VEHICLE, TRAILER, AND SHIPPING CONTAINER SECURITY

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

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

1.1.7 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

a. Services performed under this contract shall be performed during normal hours of operation on standard business days. Normal hours of operation are 0800-1700 hours. Standard business days are Mondays through Fridays, except when U.S. federal holidays are observed. For purposes of this contract a standard workday is defined as eight (8) hours. In addition, National Holidays as defined by the UK Government, are not considered standard business days for Contractor employees. Work performed on these holidays requires prior written approval from both the Contractor and the USG.

b. Work that cannot be completed by close of business (COB) shall be discontinued and resumed the next standard business day unless authorization to complete work outside normal business hours is granted by the IEO. In rare cases, the USG may have a requirement for provision of services outside normal hours of operation. In such cases, a TO will be issued having the corresponding CLIN(s) for these special services. Routine services will not be scheduled for non-standard business days including U.S. federal holidays and /or official national, state, or provincial public holidays in the Host Nation.

The following is a list of current U.S. Federal holidays:

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

*The date of these holidays may change every year.

1.1.8 CONTRACT RELATED INFORMATION DISCLOSURE

a. 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/media, 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.

1.1.9 RESERVED

1.1.10 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) INSTALLATION ACCESS

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

b. The DBIDS increases installation security and communications by receiving frequent database updates on changes to personnel and credential status, law enforcement warrants, lost/stolen cards, and force protection conditions.

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

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

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

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

g. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of final payment.

1.2 REMOVAL

DD Form 1155 – Order for Supplies or Services (Attachment 5) shall be completed for all items ordered or services performed on a TO, to include transportation and removal of HM/HW, sampling and analysis, container procurement, etc. At the time of HM/HW removal or other service, the Contractor (or duly authorized representative) shall complete and sign 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 representative’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of HM/HW or any other requested service shall be paid without the certified form. The latest version of the DD Form 1155 is available at:

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

1.2.1 SPILL RESPONSIBILITY

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

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

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

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

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

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

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

(4) Containment procedures initiated.

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

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

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

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

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

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

1.2.3 STATEMENT ON CONTAINERS

a. The USG shall purchase and utilize UN-rated containers intended for ultimate disposal including drums, pails, totes, and boxes as required for proper packaging, storage, and transportation of all dangerous goods, including HM/HW. The USG may choose to procure containers and other supplies through this contract or by direct purchase from vendors. USG Generators are responsible for ensuring their HM/HW is properly packaged for shipment which meets or exceeds minimal packaging specifications required per IMDG Code, ADR regulations, and TSDF waste acceptance criteria.

b. Unless specified in the disposal CLIN description, the Contractor is responsible for all repackaging costs associated with special waste acceptance criteria at the TSDF. Only new and unused containers will be used for packaging wastes containing free liquids.

c. When the USG purchases containers and other supplies through this contract, the Contractor shall deliver the ordered supplies to the requesting installation within 10 business days following issuance of a written TO.

NOTE: When CLIN PL08C8 is ordered for waste being removed in refurbished/reconditioned IBCs, the CLIN includes a one for one use and return of an IBC/Tote without top, 1,000-liter capacity, ADR/UN compliant container suitable for the storage and transportation of wastes.

1.2.4 USG EQUIPMENT AND PERSONNEL

The USG shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of USG-owned loading equipment (Section 1.2.6) and USG-owned scales (Section 1.2.7). The Contractor shall not rely on these exceptions and must always assume no such assistance will be furnished unless prior arrangements have been made with the COR and/or IEO. Any other offers of assistance by the USG are unauthorized, and the Contractor shall not accept any such offers.

1.2.5 TREATMENT OF HM/HW ON U.S. MILITARY INSTALLATIONS

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

b. Bulking of like wastes from multiple smaller containers…