Attachment 1- Africa PWS_bds 061124.docx

AFRICA CONTINENTAL HAZARDOUS WASTE DISPOSAL

TABLE OF CONTENTS

0.0 PERFORMANCE WORK STATEMENT

1.0 REMOVAL

1.1 PRE-REMOVAL

1.1.1 SPECIAL REQUIREMENTS

1.1.2 SHIPPING DOCUMENTATION

1.1.3 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN

1.1.4 TRAILER AND CONVEYANCE SECURITY

1.1.5 HOURS OF OPERATION

1.1.6 STATEMENT ON CONTAINERS

1.2 REMOVAL

1.2.1 SPILL AND CONTINGENCY RESPONSIBILITIES

1.2.2 SAFETY REQUIREMENTS

1.2.3 SEGREGATION OF HAZARDOUS WASTE

1.2.3.1 PACKAGING/REPACKAGING/INVENTORY OF WASTE

1.2.4 MISIDENTIFIED ITEMS

1.2.5 USG EQUIPMENT AND PERSONNEL

1.2.6 TREATMENT OF HAZARDOUS WASTE ON USG FACILITIES

1.2.7 TASK ORDER ADJUSTMENTS

1.3 WEIGHING OF ITEMS

1.3.1 PUMPING LIQUIDS

1.4 RESERVED

1.5 RESERVED

1.6 POST REMOVAL

1.6.1 TRANSPORTATION

1.6.2 TRANSPORTATION CHARGE (EXPORT)

1.6.3 RETURN OF SHIPPING DOCUMENTATION

1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.8 CONTRACTOR PERSONNEL

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION/RECYCLING

2.2 COMPRESSED GAS CYLINDERS

2.2.1 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

2.3 RECYCLING

2.3.1 RECYLING/RECOVERY

2.3.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.4 SPECIAL PROCESSING OF ELECTRONIC EQUIPMENT (D4R)

3.0 MANAGEMENT SERVICES

3.1 SAMPLING AND ANALYTICAL SERVICES

3.2 CONTRACTOR-ELECTED DETAILED ANALYSIS AND SAMPLING

3.3 PREPARE WASTE PROFILE SHEET

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 APL TABLE

7.0 STANDARD TIMES FOR WASTE REMOVALS AND PERFORMANCE OF SERVICES

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Africa Continental HW Disposal Contract and will require the Contractor to remove, transport, and dispose or recycle, as allowed by regulation, of hazardous and non-hazardous waste from various U.S. Department of Defense installations in the continent of Africa. Removals are anticipated to occur in the countries of Djibouti, Cameroon, and Kenya under the contract. Botswana, Gabon, Ghana, Niger, Senegal, Somalia, Libya, Tunisia, Uganda, Egypt, and Liberia are contingent sites, and may be added during performance as additional removal locations within the continent at any time throughout the duration of this contract as needed (See 0.0(g)).

b. This contract requires the removal, transportation, and disposal of wastes, as identified, and allowed by the Host Nation (HN), the Overseas Environmental Baseline Guidance Document (OEBGD) Volume 5, the International Maritime Dangerous Goods Code (IMDG), and the European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID). The United Stated Government (USG) agrees that all hazardous property placed on task orders (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, HN, OEBGD, the European Agreement Concerning the International Carriage od Dangerous Goods by Road (ADR), the International Maritime Dangerous Goods Code (IMDG), European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID), and U.S. Federal law and Department of Defense (DoD) regulations relating to the generation, transportation and storage of hazardous property. The OEBGD is found at this link: https://www.denix.osd.mil/international/policy/oebgd/ The Contractor is advised that some requirements for information may be required before start of work on this contract.

c. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

d. Pricing for containerized wastes is based on weight.

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

i. 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.

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

k. Minimum TO charges under this contract will be $5,000.00, except where exceptions are otherwise specified in the contract.

l. Required time frames for Contractor performance of services including waste removal are expressed in calendar days. For timekeeping purposes in the performance of services, the day in which the TO is issued to the Contractor will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”.

m. The removal, transportation, storage, treatment, and disposal of wastes offered under this contract shall be performed in accordance with European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the transportation of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported.

n. All Contractor personnel performing work under this contract shall be qualified via applicable training regulations and have appropriate work experience. Upon request by the USG, the Contractor shall provide proof that these trainings were completed and/or that the Contractor has relevant work experience.

1.0 REMOVAL PHASES

The Contractor and their Subcontractors must always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on Federal property.

1.1 PRE-REMOVAL

Except as otherwise specified herein, the Contractor shall notify the Contracting Officer's Representative (COR) or other USG representative for each location, at least 15 calendar days BEFORE attempting site visits, analysis, or pickups.

The Contractor shall provide the COR with all information required to obtain a badge, vehicle passes, identification card, etc. needed for Contractor personnel to perform work on this contract within 15 days of HW disposal removal. The U.S. USG requires updated information as required when additional contract personnel are used. Upon award of this contract the Contractor is required to contact the KO for these requirements.

In addition to the notification above for pickups, the Contractor shall provide:

If a driver, other than the one specified 15 calendar days in advance for the specific TO; or, one whose name does not appear on the optional list of approved multiple drivers arrives for pickup, the COR or other designated USG representative will verify the personnel switch with the prime contractor before the pickup commences. Voice or written communication should be initiated by the Contractor to notify the COR of this situation. This may require a written notice from the prime contractor. It may not be possible to make last minute changes and the driver(s) may not be given base access. The USG is not liable for any damages incurred by the Contractor because of untimely or incomplete notifications.

The USG reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance if the Contractor fails to meet the above applicable notification timeframes and/or a different driver, other than the one previously identified under this notification requirement or whose name does not appear on the list of approved, multiple drivers arrive at the pickup locations(s).

The Contractor will be responsible for locking of all vehicles, capable of being locked, after loading of waste on this contract. The driver shall use his own padlock or other securing method. However, inspection at all base inspection points shall require the removal of the lock, as required.

Note: U.S. military base regulations will override all contract language for entry and exit to the base, including inspection of trucks and drivers.

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping papers.” The Contractor shall prepare all manifests, required Hazardous Waste Profile Sheet (HWPS), and any other documents required for shipping. The Contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate USG official at the time the waste is removed from the installation. Additionally, any international transportation and HN manifesting requirements established by the IMDG, ADR, RID, or the 1989 Basel Convention on the Trans-boundary Movement of Hazardous Waste and their disposal must also be completed and provided to the COR upon removal of the waste from the installation. The COR has the authority to decline the signing of any manifest for waste loads which are not in conformance with transportation and environmental regulations.

b. DD Form 1155, TO Form issued by the Contracting Officer shall be completed for all items ordered or services performed on a TO, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service the contractor shall complete the applicable fill-ins on the DD Form 1155, or short form Business Objects report if used in lieu of the DD Form 1155, for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes. These 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 COR's signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste shall be paid without the certified form.

c. Mock EPA identification (ID) numbers will be created by DLA Disposition Services for any TSDRF, or transporter located outside of United States territories (OCONUS) when added to the Qualified Facility List (QFL) or Qualified Transporter List (QTL). The use of mock EPA ID numbers are required on all applicable shipping documentation/waste manifests. Mock EPA ID numbers for TSDRFs and transporters will be used on DLA Form 2505 Invoice when submitted to DLA for invoicing purposes.

1.1.3 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN – CLINs A6065A-A6065P

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 Contracting Officer (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 Basel Status Tracker Form (Attachment X) as the reporting document. The Contractor shall ensure the report is complete, accurate, and submitted timely.

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 sixty (60) days following the acceptance of the waste by the TSDR. Photocopies of all completed shipping documents shall be forwarded with the invoice to include the Basel showing acceptance of the waste at the TSDRF. 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.

The Contractor will ensure that the waste streams and the geographic distance involved in 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 TSDRF 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 CONVEYANCE VEHICLE OR TRAILER SECURITY

The USG will notify the Contractor when a conveyance vehicle, trailer, or rolloff box must be locked and/or sealed due to USG policy or preference. The Contractor will provide the lock and, if needed, the USG will provide the seal. The Contractor will, in all cases, comply with all HN laws and regulations as they pertain to conveyance vehicle and trailer security.

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.

1.1.5 HOURS OF OPERATION

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. Services will not be scheduled to be performed on a regular U.S. Federal or HN holiday, or such holiday designated by Presidential proclamation.

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 operation for the installation.

1.1.6 STATEMENT ON CONTAINERS

The Generator will offer all waste for shipment in proper UN specified containers. Furthermore, all wastes containing free liquids shall be packaged in new, previously unused containers, or overpacked containers when being transported over water via marine vessel. All non-regulated waste containers must be compatible with their lading, closed in a manner so that the contents are fully contained when placed in any orientation, safe to handle, free of severe rusting, or oxidation. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity. The Contractor is responsible for all repackaging costs associated with special packaging required for segregation purposes and container acceptance criteria at the TSRDF. The Contractor is responsible to ensure that all containers and packaging and crating are adequate for all modes of transportation required to transport the material to the qualified treatment /recycling / disposal facilities.

The Contractor shall bring sufficient additional containers to removals, should they be necessary for the Generator to repackage his waste. The Generator shall be responsible for purchasing such containers via the appropriate CLIN found on the Price Schedule.

The Contractor will be responsible for preparing all containers, including Cargo Transport Units (CTU) for transportation to a treatment/recycling/disposal facility in accordance with all applicable regulations to assure safe arrival at destination without damage or loss. The Contractor is required to use UN specification containers for all items shipped.

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

The Contractor shall ensure all containers and signs deliverable under this contract are marked or tagged with the following information:

1) Contract Number

2) TO Number

3) Name and address of prime Contractor

4) CLIN and nomenclature for item

1.2.0 REMOVAL

1.2.1 SPILL AND CONTINGENCY RESPONSIBILITIES

The character of the mission and the operations covered by this contract requires the Contractor to have the ability to be responsive to unforeseen immediate and urgent circumstances should they arise, including injury, illness of key contractor personnel, denial of access to or removal from U.S. military facilities, and spill response.

The Contractor is solely responsible for any and all spills or leaks occurring during or resulting from the performance of this contract. The contractor agrees to clean up such spills or leaks to the satisfaction of the U.S. USG as represented by the COR and in compliance with all applicable laws and regulations of the country in which the spill occurs. The clean-up and disposal of all spill residues and debris shall be at no additional cost to the USG.

The Contractor shall arrive at the pickup site with all required spill prevention and containment equipment and supplies, including salvage (overpack) drums, absorbent material, non-sparking tools, spark-free shovel, and the appropriate personal protective equipment, including but not limited to respirators, gloves, and boots.

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 HN and Installation spill reporting and clean-up requirements as posted/notified. A written follow-up report shall be submitted to the KO no later than 24 hours after the initial telephonic report. The summary report shall include cleanup and disposal procedures taken, outside assistance required (if any), personal injury involved, and the names and telephone numbers of all national, regional, or local officials contacted. The written report shall be in narrative form and as a minimum include the following:

1.2.2 SAFETY REQUIREMENTS

The Contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, the Contractor shall comply with all applicable HN, DOD, EU, and international safety and health regulations, as well as installation regulations where performing services.

The Contractor shall ensure that all personnel involved in hazardous substances management are properly trained for the level of expertise required to perform the tasks.

The Contractor shall conform to the safety and health requirements contained in this contract for all activities related to the accomplishment of work. The Contractor shall ensure that, prior to initiating any work under this contract, all Contractor personnel, including subcontractors, have read and understand all safety and health requirements.

The Contractor shall take such additional immediate precautions as the KO or designated representative may reasonably require for safety and mishap prevention purposes. The COR/COTR has the right to stop all work if not being conducted in a safe manner.

1.2.3 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to a current Compatibility Chart and kept physically separate from any containers not associated with this contract until the initial TSDRF is reached. The items must be so marked such that they are readily linked to this contract throughout this period. The Contractor may bring other waste onsite while conducting milk runs, or picking up waste at multiple locations, provided the waste is listed on the current TOs being picked up. All TOs on a single milk run must collectively meet or exceed the TO minimum as required per Section 0.0 unless otherwise specified in the contract.

1.2.3.1 PACKAGING/REPACKAGING/INVENTORY OF WASTE – CLIN A6900

The Contractor shall segregate, sort, identify, package/recontainerize, identify shipping name, and label waste containers for assorted hazardous property that has accumulated in an area other than an assigned Hazardous Waste Accumulation Point (HWAP). The Contractor shall provide an itemized inventory of these wastes, to include international waste nomenclature, European Waste Codes, hazard class, weight of each item/container, and number and size of each container.

The unit of issue shall be ‘EACH’ whereas ‘1 EA’ equals one kilogram of waste to be packaged/repackaged/inventoried, and a minimum of ‘50 EA’ shall be ordered per issuance. The Contractor is required to provide all packaging materials within this unit price.

1.2.4 MISIDENTIFIED ITEMS

In the event the USG misidentifies a waste description on a TO, the Contractor has the responsibility to inform the COR as soon as he becomes aware of the misidentification.

The Contractor shall notify the COR either prior to removal or within three (3) business days of becoming aware of the USG’s misidentification. The Contractor shall demonstrate through laboratory analysis and/or other substantiating documentation that the USG has misidentified a waste. The USG has ten (10) business days after being notified to make a final determination. The waste shall not be treated or disposed until the USG has decided on the matter.

1.2.5 USG EQUIPMENT & PERSONNEL

Base access restrictions and installation regulations prohibit the Contractor from bringing/operating heavy material handling equipment (MHE) at the time of removal. The USG shall arrange, furnish, and operate MHE for use during Contractor performance. The USG will be responsible for the initial placement at ground level and free of obstructions. The Contractor is required to furnish all MHE required to perform tasks associated with loading beyond the USG’s obligation as stated above. Unless otherwise provided in this contract, the USG will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

1.2.6 TREATMENT OF HAZARDOUS WASTE ON USG FACILITIES

a. Recycling, treatment, or disposal of hazardous waste by the Contractor on USG premises is prohibited. Treatment is any process which meets the definition of treatment set forth in applicable HN, Final Governing Standards (FGS), and OEBGD (DoDM 4715.05 Volume 5-) laws and regulations.

b. The Contractor shall not drain and/or flush PCB items at any USG facilities. Draining will be allowed only to prevent leaking and mitigate spills.

c. Treatment, disposal, or release of gases, other than graded breathing air into the atmosphere on USG premises is not permitted. The Contractor may perform gas extraction for other gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall release no gas into the atmosphere and purge the entire cylinder contents into a closed receiver for transport to an authorized recycling or disposal site.

1.2.7 TASK ORDER ADJUSTMENTS

All TO weights and/or volumes are estimated. The Contractor can expect that the TO weights and/or volumes will require adjustment upward or downward as removals take place and the actual weights/volumes being removed are determined. Therefore, the USG has the unilateral right to increase or decrease the TO weight/volume in those cases where the USG has underestimated or overestimated the weight/volume ordered for removal, allowing the Contractor to complete the performance. In cases of adjustments resulting in a decreased weight/volume, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the USG to issue TO modifications unilaterally for quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the USG’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued TOs, and no changes will be made to the terms and conditions of the contract.

1.3 WEIGHING OF ITEMS

a. Verification of TO weights is required. Containers shall be counted, weighed, and documented against the TO by the Contractor prior to removal. An authorized USG representative will witness all weighing that occurs on site. The weight, agreed upon by both the Contractor and the USG representative (i.e., the COR/COTR) at the time of removal, will be the basis for payment to the Contractor. Unsubstantiated charges for subsequent increases in weight, after removal from USG custody, will be the responsibility of the Contractor. USG scales will be used when available, operable, and authorized by the USG. The Contractor shall be responsible for determining the availability of USG scales by contacting the COR. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The USG shall ensure that USG scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-USG scales are operable and accurate through certification or demonstration.

b. For non-bulk items, the Contractor may utilize USG-owned scales, as available. If USG-owned scales are not available, the Contractor shall be required to provide portable scales at point of removal. All scales used during the performance of this contract must be certified by the local competent authority and/or approved by the local DLA Disposition Services site representative. Portable scales must have a minimum capacity of 1,500 pounds. For the purposes of this contract, scales permanently affixed or built into a vehicle are considered portable scales. Only materials to be removed by the Contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight.

c. Before bulk loading as applicable, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor will reweigh the conveyance to establish the loaded (gross) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. The actual (net) weight of the waste cargo shall then be calculated by subtracting the tare weight from the gross weight. When onsite USG scales are available, weights must be agreed upon by both the Contractor and the USG before removal. When offsite commercial scales must be used, a certified weight ticket will be provided to the COR as stated above and shall be the basis for payment to the Contractor. In lieu of a printed/certified weight ticket, a manual ticket that is signed or stamped by a witnessing USG representative will constitute a certified weight ticket when certified USG scales are available.

1.3.1 PUMPING LIQUIDS

Bulk liquid items collected in USG owned tanks or drums (>206 liters) may be pumped to obtain a more economical removal. The liquid shall be pumped to a depth of no greater than five (5) cm residue remaining in the container. The Contractor will not be required to clean the container. Liquids contained in bulk tanks shall be removed by a suction pump. The Contractor shall coordinate with the COR to determine specific equipment requirements based on the location of tank(s) to be pumped. Pumps and hoses shall have the capacity to safely handle the types of waste to be collected and be able to remove all liquids from tanks without reaction or introduction of other materials to the tank. The generator has the option of having bulk liquids pumped from drums and retaining the drums or having the Contractor remove the containers under the applicable CLIN in the price schedule. The actual weight of the material picked up must be identified on the shipping paper.

In the event the removal of bulk liquids is ordered, it is the Contractor's responsibility to have trucks weighed before and after pumping and submit weight tickets with invoices. USG scales will be used if available. The Contractor shall invoice for the net weight of all bulk liquid shipments.

The Contractor will be required to remove all liquids and sludge from tanks that can be removed without agitation or introduction of other materials to the tank under the standard CLIN. Normally, bulk removal is ordered for bulk tanks only.

1.4 RESERVED

1.5 RESERVED

1.6 POST REMOVAL

1.6.1 TRANSPORTATION

Contractor-provided transportation will comply with all HN, ADR, IMDG, Basel Convention and international regulations governing identification, packaging, labeling, marking and placards of dangerous goods containers and vehicles for transportation. All hazardous property and dangerous goods shall be transported in UN specification containers. The Contractor is responsible for ensuring that shipping documents (manifests) will accompany all hazardous property to ensure cradle to grave audit. The standards set forth in the ADR, IMDG, RID, DOD or HN regulations shall be utilized during shipment.

The contracted drivers must possess the appropriate emergency action instructions and any other documentation/training required by ADR, IMDG, HN and international transportation regulations. All transport vehicles shall be equipped with the appropriate emergency response equipment and spill response materials.

1.6.2 TRANSPORTATION CHARGE (Applicable to export only)- CLINs A6062A through A6064P

a. The inclusive transportation cost CLIN will be chargeable on a (one) “EACH” basis for all routes, whether by road, rail or ship, and is chargeable based on the size of container utilized (i.e., 40- foot CTU, or 20-foot CTU).

b. All costs associated with transportation of hazardous waste, except for obtaining Basel notifications and approvals, must be included in each Transportation CLIN unit price.

c. The unit of issue is “EACH” (EA) is fixed and covers all modes of transportation throughout the length of the contract, regardless of the route used. No additional costs will be paid in association with a failure to use the primary disposal method and routes unless such costs are warranted under the addendum to 52.212-4c.

d. All transportation charges are covered under Transportation CLINs, specifically for this purpose; as a result, unit pricing for hazardous waste disposal CLINs should not include any charges related to transportation, unless the waste is able to be disposed in the country of origin. All other costs for performing should be included in the cost of the disposal CLINs.

e. All U.S. military installations/facilities located within the countries listed in the list of pick-up locations are part of this contract; the Contractor will not be entitled to any additional charges for transportation expenses for any added locations within these countries. Additional Transportation CLINs for removals from installations in other African countries may be added via modification, should that be necessary.

f. Should the USG order multiple pickups from different locations in the same country on one TO, or issue multiple TOs for different sites in the same country the Contractor shall arrange to combine the pickups, to maximize the economic shipment quantity, thereby minimizing the number of containers required. Under the circumstances, the Contractor shall be paid for transportation (in accordance with the price schedule) based on the actual number of shipping containers used in the export of the waste streams as specified in the TO.

NOTE: When exporting out of country, the Transportation CLIN prices shall be fixed and inclusive of all costs associated with the proper removal and transportation of the waste to the final disposal facility. These costs can include but are not limited to securing the waste to the conveyance; obtaining and preparing all necessary paperwork for transport; obtaining customs clearance (if necessary); preparing the necessary paperwork for acceptance to the TSDRF; and physically taking the waste to the TSDRF.

NOTE: In-country (non-export) disposal or recycling shall be ordered under the appropriate disposal CLIN for each TO. The CLIN price shall include the cost of all transportation associated with the disposal.

NOTE: Not all locations allow the use of 40-ft containers. The Contractor shall verify size constraints with the COR, prior to container placement.

g. Upon receiving notification of a potential new site/location to be added to this contract, the Contractor shall supply a transportation plan for the new site/location, to include the route, equipment used, personnel, time schedules, import duty fees, customs fees, Basel notification fees/costs and any other applicable charges which may affect the timing of the transport of waste to the final TSDRF. Contractors shall be required to provide this transportation plan with their modification proposal to add the new site.

h. Should the USG order multiple pickups from different locations in the same country on one TO, or issue multiple TOs for different sites in the same country within a one-week period, the Contractor shall arrange to combine the pickups, in order to maximize efficiency of the pick-ups (e.g., provide economic quantities, minimize amount of containers required, etc.).

i. When multiple TOs are issued for different sites in the same country the performance period for all such orders will be adjusted to reflect the allotted performance time for the final (i.e., latest) TO across all the sites.

1.6.3 RETURN OF SHIPPING DOCUMENTATION

The Contractor shall prepare, complete, and return signed copies of all shipping documentation/manifests as required by HN, ADR, IMDG, international law and contract requirements. A copy of all dated and completed shipping documents/manifests signed by the designated TSDRF shall be submitted with the Contractor's invoice. Complete invoice packages must include copies of all applicable shipping manifests. The Contractor shall also furnish a copy of each shipping document (manifest), signed by the designated TSDRF, to the DLA Disposition Services Site coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDRF within 30 days after the initial pickup date, the Contractor shall notify the DLA Disposition Services Site of the physical location of the waste. As applicable, the Contractor shall provide the shipping documents (manifest) with additional transporter signatures.

The Contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

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., 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.

1.8 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled at least to the minimum requirements under relevant HN training requirements. The Contractor shall be responsible for all initial and refresher training required of Contractor personnel and it shall be completed in the appropriate timeframes. Upon request by the USG, the Contractor shall provide proof that these trainings were completed.

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

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

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

2.0 DISPOSAL/RECYCLING

a. Section 2.0 and its subsections address the Contractor’s requirements for disposal of hazardous waste, certificates of disposal, sampling and analysis, and recycling and recovery.

b. Regardless of the ordered disposal CLIN and its associated description, the Contractor shall comply with all local, HN laws, ADR, IMDG, OEBGD and contract requirements. It is the responsibility of the Contractor to notify the USG if an ordered CLIN prescribes a disposal or recycling technology which conflicts with such regulations or industry capabilities.

c. The Contractor shall dispose of hazardous wastes under this contract by means of treatment or disposal technologies that best mitigate the hazards of such wastes to human health and the environment. The USG strongly encourages recycling whenever environmentally sound and economically feasible.

d. The Contractor is required to use only facilities approved and published in the DLA Qualified Facilities List (QFL). This includes any facility that may receive any wastes removed under this contract, or a component thereof, at a stage where the waste remains regulated as defined under the OEBGD, HN or other local laws. While TSDRFs are required under their Permit(s) to prevent the receipt of unauthorized wastes, the Contractor is responsible to ensure that properly profiled wastes are shipped only to those facilities that hold the appropriate Permit(s) to receive such wastes.

e. The Contractor shall ensure that used oil or oil product contaminated with any HW is NOT used for dust suppression or road treatment.

f. The Contractor must provide an audit record that includes any facility that will recycle the waste, or any component thereof, even if the waste/component can be managed as a hazardous material or recycled.

g. For wastes removed from military installations and shipped to a qualified in-country TSDRF appearing in the DLA QFL at the time of removal, where in-country disposal and/or recycling of all items on the TO is performed within the HN, the Contractor will provide waste movement tracking only from the generating installation to the in-country TSDRF using shipping document(s) as a requisite part of the invoice packet for payment.

h. For wastes that cannot be accepted by the HN in-country TSDRF and require export to a TSDRF in another country for disposal and/or recycling will either be turned in by the USG under this contract if the prime Contractor will be responsible for the coordination and execution of the export, to be determined by DLA upon evaluation of feedback, experience, capacity, and credentials provided by offerors during the solicitation for bids under this contract.

i. Wastes requiring export outside the HN will not be identified on the same TO with wastes that will be managed exclusively in-country.

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION/RECYCLING (CDs) – CLIN A6635

Generators may require certificate of Disposal/Destruction (CD) or Recycling for any items at their discretion. The USG recognizes there are additional costs to the Contractor, associated with obtaining these certificates from the final/ultimate TSDRF. Such certificates will only be required as specified in the Price Schedule/PWS, or if CLIN A6635 is ordered. The Contractor shall provide the CD within 60 days of ultimate disposal taking place.

2.2 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS, AND CANISTERS

b. The Contractor shall provide all services necessary for the assessment of all compressed gas cylinders, cartridges, vessels and canisters, the discharge of inert gases (cylinders, vessels, and canisters only), the final treatment/disposal or…