Attachment 1 -Bahrain - In-country PWS.docx

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Hazardous Waste Removal & Disposal- Bahrain
Solicitation number
SP450023R0009
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0.0 PERFORMANCE WORK STATEMENT (PWS) (v.12/16/2022)

0.1 CONTRACTING OFFICER’S REPRESENTATIVE

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL
1.1.1 CLIN SELECTION CRITERIA
1.1.2 CLIN DISPUTES
1.1.3 PERMIT/SPECIAL REQUIREMENTS
1.1.4 STATEMENT ON CONTAINERS
1.1.5 PACKAGING, MARKING, LABELING AND PLACARDING
1.1.6 SHIPPING/DISPOSAL DOCUMENTATION

1.1.7 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.8 HOURS OF OPERATION

1.1.9 DBIDS INSTALLATION ACCESS

1.2 REMOVAL
1.2.1 SAFETY REQUIREMENTS

1.2.2 SPILL RESPONSIBILITY

1.2.3 SEGREGATION OF HAZARDOUS WASTE
1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL
1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT
FACILITY
1.2.6 WEIGHING OF ITEMS
1.2.7 LOADING
1.2.8 TRANSPORTATION
1.2.9 TASK ORDER (TO) ADJUSTMENTS
1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE
1.2.10.1 BULK WASTE
1.2.10.2 CONTAINERIZED WASTE
1.2.11 EXPEDITED REMOVAL/PERFORMANCE OF SERVICES
1.3 POST REMOVAL
1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING
2.2 AFFF AND OTHER PFAS-RELATED WASTES
2.3 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS2.4 MEDICAL ITEMS (NON-INFECTIOUS MEDICAL WASTES)

2.5 RECYCLING OR RECOVERY

2.6 COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

2.7 DEMILITARIZATION

2.7.1. OTHER MILITARY ITEMS
2.8 MUTILATION REQUIRED SCRAP ELECTRONICS

3.0 MANAGEMENT SERVICES

3.1 PERFORM ANALYSIS
3.2 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS
3.3 DENTAL AMALGAM
3.4 TEMPORARY STORAGE OF HW IN BAHRAIN

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 RESERVED
6.3 CONTRACT RELATED INFORMATION DISCLOSURE
6.4 PLACES OF GOVERNMENT INSPECTION
6.5 ENVIRONMENTAL MANAGEMENT SYSTEM

6.6 CONTRACTOR REPRESENTATIVES

6.7 INCIDENTAL FEES

6.8 TREATMENT STORAGE DISPOSAL FACILITY (TSDF) INSPECTIONS

7.0 STANDARD TIMES FOR WASTE REMOVALS AND PERFORMANCE OF SERVICES

7.1 EXPEDITED REMOVALS AND PERFORMANCE OF SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Bahrain In-Country HW Disposal Contract. The selected contractor will provide expertise, management and all services required to arrange and effect the removal, transportation, storage, recycling, and disposal of hazardous property generated by US Military Installations within the country of Bahrain or within an 80 kilometers radius of Naval Support Activity (NSA) Bahrain, identified in Attachment 4.

b. The United States Government (USG) requires that all hazardous property placed on task order(s) on this contract be accompanied by documentation and markings that comply with all applicable local, Host Nation, Final Governing Standards (FGS), the Overseas Environmental Baseline Guidance Document (OEBGD), and Department of Defense (DOD) regulations relating to the generation, transportation, and storage of hazardous property as applicable. Waste sent for disposal via this contract will only be sent to DLA Disposition Services Qualified Facility List (QFL) within the country of Bahrain unless otherwise approved by the Contracting Officer (KO).

c. The term “military installations” as used within this PWS refers to either installations operated directly by U.S. military forces or installations operated by the military forces of U.S. allied partners.

d. The Contractor is advised that some requirements for information may be required before start of work on this contract, i.e., Sections 1.1.2, 1.1.9, and 5.1.

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

f. Pricing for containerized wastes and bulk wastes will most commonly be based on kilograms.

g. 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.

h. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) Host Nation, FGS, OEBGD, DOD, and Federal laws/regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line-Item Number (CLIN).
i. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description according to the waste profile for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Example: Base CLIN “CS01” represents Corrosive Acids, Inorganic other than HF and HNO3, <50% in Water, and the CLIN Suffix “C8” designates the unit of issue as Kilograms. Accordingly, one (1) container of this waste weighing 150 kilograms would be represented by ordering CLIN CS01C8 with a quantity of 150 KG.

j. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., specific Demilitarization-required items. The Contractor is cautioned to closely read all CLIN descriptions where such requirements are indicated. Unless explicitly written elsewhere in this PWS, the Contractor must only provide a CD when so reflected in the Price Schedule CLIN description and IAW Section 2.1.

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

l. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract meet United Nations Specifications and U.S. Department of Transportation (DOT) equivalent.

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

n. Required time frames for Contractor performance of services including waste removal are expressed in business days. A business day will be defined as any day in which normal business is conducted. It does not include weekends, federal holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions.

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

0.1 CONTRACTING OFFICER’S REPRESENTATIVE

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

1.0 REMOVAL PHASES

The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all Personal Protective Equipment (PPE) unless otherwise stated. The 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

a. Except as may otherwise be specified herein, the Contractor shall notify the Contracting Officer’s Representative (COR) and the USG representative for each location, at least fifteen (15) business days BEFORE attempting site visits, analysis, or pickups. Discrepancies associated with the containers, markings, and/or labeling of containers shall be corrected during the pre-removal inspection. Containers discrepancies shall be reported to the COR on the day of discovery for resolution. If not corrected, the Contractor may reject tendered HW containers that are not compliant with transportation regulations.

b. If the Contractor asserts that a non-compliant container has been used, the burden of proof lies with the Contractor. The Contractor must provide written documentation electronically to the KO and COR within 15 business days supporting the assertion and to validate the discovery and rejection. After review of the documentation, the Contractor will be notified by the KO of the USG’s final determination.

c. The Contractor shall be required to stay current on base access requirements, as they may change frequently. The Contractor shall provide the COR with all information required to obtain a badge, vehicle passes, etc., needed for Contractor personnel to perform work on this contract 15 calendar days prior to executing Task Order (TO).
d. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL), International Driver’s License number or Host Nation Equivalent and its expiration date to the COR or other USG representative at least 10 calendar days prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other USG representative prior to any attempted removals. If this option is elected and the list is approved by the USG and maintained by the Contractor, the ten (10) calendar day notification requirement is waived for the remainder of the contract unless otherwise modified.
e. If a driver, other than the one specified ten (10) calendar days in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated USG representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice by either fax or email from the Contractor. The USG is not liable for any costs or damages incurred by the Contractor because of untimely or incomplete notifications, e.g., if drivers other than those previously identified and approved are sent for pick-up, and this causes late performance. The KO has the authority to take appropriate action, such as the pursuit of contractual consideration and/or annotation of negative past performance if the Contractor fails to meet the above notification requirements and timeframes.
f. Defense Biometric Identification System (DBIDS) may be mandatory for access to some DOD facilities. See Section 1.1.9 for further information. At some military installations, the Contractor and/or Subcontractors may be required to be escorted to and from the place of work. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, and/or any Subcontractors are required to remain at the designated work area until released or escorted by the COR or other USG representative.
g. The Contractor shall notify in writing the KO and the COR of any Hazardous Waste not accepted in an In-country facility. Such waste shall be limited to waste for which disposal technologies are not available for in-country disposal.

1.1.1 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the Government, and are designed around treatment, and disposal technology standards. US Department of Transportation (DOT) regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN Suffix. Not all CLINs categories will be available in this Contract.

a. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:
(1) Batteries (BA) – Used for all battery types, some, or all of which may be turned in where no Waste Codes are assigned, or as Hazardous Waste (HW), where applicable Waste Codes are assigned.
2) Corrosives (CS) – Used for all corrosive wastes, unless the waste is concurrently assigned an ignitable or reactive Waste Code. Some corrosive acid oxidizers may carry an ignitable Waste Code and are assigned a CS CLIN.
(3) Compressed Gas Cylinders/Cartridges (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.
(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers Waste Code. FL- CLINs may also be assigned to waste streams not carrying a flammable/ignitable Waste Code but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

(5) Non-Regulated (NR) – Used for wastes that are not deemed inherently hazardous and carry no Waste Code(s).

(6) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of polychlorinated biphenyls (PCBs) that is equal to or greater than 50 parts per million (ppm). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below the 50 ppm thresholds. The Contractor is required to comply with all regulations as applicable in the management of such PCB-related wastes.

(7) PFAS-Related (PF) – Used for various wastes containing or contaminated by a source of per- and polyfluoroalkyl substances (PFAS) including some Aqueous Film-Forming Foam (AFFF) wastes that may or may not be regulated. 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 all regulations, as applicable in the management of such PFAS-related wastes. PFAS wastes are managed under the CLINs description assigned.

(8) 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 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.

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

(10) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive waste bearing Waste Codes, respectively, apart from hexavalent chromium (Cr+6) related waste bearing ignitable Waste Code exclusively 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 Waste Code(s) assigned (only to regulated HW). Every Base CLIN offered to Generators for use in the Price Schedule has corresponding permissible EPA Waste Code(s), unless the CLIN is for non-regulated waste. Permissible EPA Waste Codes for purposes of this contract are those Waste Code(s) identified in the Price Schedule of this contract in the column so titled. Permissible EPA Waste Codes does not imply that any or all those waste codes so listed will apply, but that no other Waste Code(s) are allowed to be carried for the waste under the assigned CLIN. Furthermore, the term “Listed" for purposes of this contract does not imply that all EPA Listed Waste Codes may apply. Uncommon EPA Listed Waste Codes may be handled on a case-by-case basis, with consideration given to those Waste Codes that are permitted and accepted by the Contractor’s TSDF of choice. The Government will ensure that all wastes being turned in for removal will carry only Waste Code(s), if any, which are listed as permissible under this contract. The Government is responsible for assigning proper profile-based CLINs to every waste stream being turned-in for removal. See Master Base CLIN Catalog link at http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx for additional information.

1.1.2 CLIN DISPUTES

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

b. The 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 or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 15 business days from the Treatment, Storage Disposal and Recycling Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination. Requests for a CLIN change without supporting documents will not be accepted.

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

1.1.3 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor warrants that they will maintain a current authorization to operate and conduct business in the country in which this contract is performed throughout the life of the contract and that they will fully comply with all the laws, decrees, labor standards, custom standards, and regulations of this country. Unless listed as a separate CLIN on the price schedule, the Contractor shall be responsible for all fees associated with preparing or obtaining any necessary licenses, permits, or notifications; and preparation of waste profiles requested by a Qualified Disposal Facility(s). The Contractor shall also be responsible for paying any taxes and customs declarations resulting from the Contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract. This includes signing (on behalf of the USG) waste profiles requested by TSDFs. All Contractor-signed waste profile sheets shall be written for the actual wastestream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with USG agencies on behalf of a Generator must be coordinated and concurred with by the affected Generator prior to submission to any foreign agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

b. The Contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the USG or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, and/or forklift training.

1.1.4 STATEMENT ON CONTAINERS

a. The Generator will offer all regulated waste in UN specification containers that are at least US-DOT shippable equivalent and IAW current Host Nation(s) Transportation laws or regulations and standard TSDF acceptance unless otherwise stated in the CLIN description. All containers must be compatible with their lading, closed in a manner so that the contents are fully contained without releasing material to the environment, safe to handle and shipping, free of severe rusting, or oxidation and not leaking. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity.

b. The Contractor is responsible to ensure that all containers, packaging, and crating provided by the generator of the waste are authorized for all modes of transportation required to safely transport the material to the TSDF. The Contractor is responsible for all repackaging costs associated with special packaging required for segregation purposes and container acceptance criteria at the TSDF. When repackaging is necessary, the Contractor shall be responsible for disposal of the original container and for packaging in a manner that complies with all applicable regulations.

1.1.5 PACKAGING, MARKING, LABELING AND PLACARDING

a. The Contractor shall ensure that all packaging, markings, labeling and placarding of all containers is in such a manner to meet all applicable regulations prior to any transportation.

b. The Contractor shall mark or tag all containers with the following information:

1. Contract number

2. Task Order (TO) number

3. Name and address of Prime Contractor

c. The Contractor shall provide and affix the required and appropriate placards to each conveyance vehicle prior to leaving USG premises.

1.1.6 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping documents. The Contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets (Attachment 8) required for acceptance of waste into a DLA Qualified Disposal Facility and any other shipping documents. The Contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate Government official at least five (5) business days prior to removal from the installation. Additionally, any other HN manifesting requirements must also be completed and provided to the COR upon removal of the waste from the installation. Any other costs associated with the notification process, should that be necessary, shall be included within the unit price for the transportation CLINs within the schedule. 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. Once the waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated manifest no later than 45 business days following the acceptance of the waste by the TSDF. The documents must reference the applicable contract number and task order number and shall also reference a serialized manifest ID number.

c. Mock EPA ID numbers created by DLADS for use at non-RCRA-TSDFs must be entered on all applicable shipping documentation. The same mock EPA ID number must be used on DLA Form 2505, Manifest Tracking Log.

d. The Contractor shall complete and provide the COR, DLA Form 2505 (Attachment 9) Manifest Tracking Log, annotating all wastes removed after each removal. The Contractor must describe and document in detail any differences between the actual quantities picked up (column 5) and the actual quantity disposed/ recycled (column 11). The Contractor may use attachments to the form if necessary. The Contract Manager or Alternate Contract Contractor Manager shall sign the form certifying its accuracy and completeness.

1.1.7 CONVEYANCE VEHICLE OR TRAILER SECURITY

a. All Contractor-furnished conveyances, trailers, shipping containers and tankers must be padlocked upon arrival and also prior to departure of the pickup location(s). Failure to meet this requirement could result in the Government’s halting of the pickup. The driver shall provide the padlock and lock the trailer, shipping container or tanker without assistance from the COR or other Government representative. The USG will notify the Contractor when a conveyance vehicle, shipping container or trailer must be sealed due to USG policy or preference and the USG will provide the seal.

b. The USG reserves the right to take appropriate action, such as annotation of negative past performance if the Contractor trailer, shipping container or tanker capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above.

c. 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 Government 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.

1.1.8 HOURS OF OPERATION

The service to be performed under this contract shall be performed during normal USG hours of operation as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal holidays. Known deviations from normal hours of operation are during HN religious holidays including Ramadan, Eid al-Adha (EID), Hajj, etc.

1.1.9 DBIDS INSTALLATION ACCESS

a. DoD installations 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 DBIDs enrollment, go to https://dbids-global.dmdc.mil/enroll.

b. Additional credentials and documentation may be required at some installations. Citizens from the following designated countries (passport holders) are not authorized access to US military installations: Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, Peoples Republic of China (including Tibet), Syria, Yemen and the former Yugoslavia (Serbia, Croatia, Slovenia, Montenegro and Bosnia and Herzegovina). The Contractor will consult with the COR for additional info regarding additional credentialing requirements. 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.

c. 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

1.2.1 SAFETY REQUIREMENTS

a. 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, and international safety and health regulations as well as installations 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.

b. 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 all applicable safety and health regulations. 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. The USG has the right to stop all work if it is not being conducted in a safe manner.

1.2.2 SPILL RESPONSIBILITY

a. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit(s) on-site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur because of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the USG and at no additional cost to the USG. Hazardous waste spill cleanups that occur because of, or are attributed to, the actions of its agents, employees, or Subcontractors shall be removed off-site the same day of the spill.
b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all Host or Installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:
(1) Description of material spilled (including identity, quantity, manifest number, etc.).
(2) Whether quantity spilled is reportable, and if so, whether it was reported.
(3) Exact time and location of spill, including a description of the area involved.
(4) Containment procedures initiated.
(5) Summary of any communications Contractor has with anyone other than the KO.
(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

1.2.3 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate according to compatibility until the initial TSDF is reached. The items must be so marked such that they are readily linked to this contract throughout this period. The Contractor may bring other waste onsite when picking up waste at multiple locations identified as pick-up locations within this contract, provided the waste is listed on the current TOs being picked up.

1.2.4 GOVERNMENT EQUIPMENT and PERSONNEL

Base access restrictions and installation regulations prohibit the Contractor from providing and/or operating heavy material handling equipment (MHE) at the time of removal. The USG shall furnish the loading equipment and personnel necessary to assist with this phase for the performance of this contract.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

a. Treatment of hazardous waste on USG facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable Host Nation, FGS, OBEGD, DOD, and U.S. Federal (including 40 CFR 260.10) laws and regulations. Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.
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 inert gases, to the atmosphere on USG premises is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 WEIGHING OF ITEMS

a. Verification of task order 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.

1.2.7 LOADING

a. The Contractor is limited to safely load up to two (2) furnished conveyances, trailers, or shipping containers in a business day. At all pickup locations (Attachment 4) the USG will provide the initial loading of waste onto the Contractor’s conveyance; however, all blocking, bracing, lashing, banding, or securing of cargo must be performed by the Contractor. The Contractor is responsible for re-palletizing of containers to comply with transportation requirements. The Contractor shall be required to furnish all material handling equipment and labor required to perform tasks associated with loading beyond the USG’s obligation stated above. The Contractor agrees to indemnify and hold harmless the USG for any damage, incidental or otherwise, to the Contractor’s conveyance.

b. All loading and bracing operations shall be performed simultaneously for best efficiency and economy of operations. The USG tailgate loads conveyance with heavy MHE, while the Contractor uses light MHE (e.g., hand dolly, pallet jack, etc.) further loads for blocking, bracing, and tie-down procedures. Under no condition will the Contractor conveyance be permitted to move or depart the installation until it has been inspected by both the COR and the Generator and determined in compliance with all applicable transportation requirements.

c. It is the USG's responsibility to ensure that the waste being removed is readily accessible for loading and inspection by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO to gain access to the waste that is scheduled for removal.

1.2.8 TRANSPORTATION

a. The Contractor is responsible for every action needed to properly transport the waste to the TSDF. This includes, but is not limited to, securing the waste to the conveyance, obtaining Customs clearance if applicable, preparing the necessary paperwork for acceptance at the TSDF and providing completed shipment to the TSDF.
b. It is the responsibility of the Contractor to provide a conveyance capable of safely transporting the waste. If the Contractor provides a panel truck, a tarp will be used when the containers are being transported so that they are not visible to the public.

1.2.9 TASK ORDER (TO) ADJUSTMENTS

TO weights and volumes are estimated at time of turn-in. The Contractor should expect that TO weights/volumes will require adjustment upward or downward as removals take place and the actual weights/volumes are determined. Therefore, the USG has the unilateral right to increase or decrease the TO weights/volumes in those cases where the USG has underestimated or overestimated accordingly. In cases of adjustments resulting in a decreased quantity, 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.

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE:

a. The term Bulk Waste refers to waste that is typically removed via rolloff boxes, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Bulk waste does not refer to containerized wastes including waste contained in drums, totes, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste. Bulk waste CLINs may not appeared in this contract price schedule.
b. The term Debris used in this document and the Price Schedule refers to (a) solid artifacts, fragments, or rubbles which are present, but not primarily present by volume, and are intermingled or suspended in an otherwise fully solid, liquid, or sludge waste stream as described above, or (b) a waste stream which meets the definition of debris in 40 CFR § 268.2(g). Note: Definition (a) in this section meets the “Mixed” or “Various” Physical State designation indicated in the Price Schedule for this contract, as CLINs with a “Mixed” or “Various” physical state refers to solids, liquids, sludges, debris, or any combination thereof. Definition (b) in this section meets the “Debris” Physical State designation indicated in the Price Schedule for this contract.
c. The term Solid(s) used in this document and the Price Schedule refers to solid material, which is largely free of free liquids, e.g., soil, silt, sand, gravel, filter cake, powder, granules, crystals, fines, and artifacts that do not meet the definition of debris (as defined in 40 CFR § 268.2(g)).
d. The term Liquid(s) used in this document and the Price Schedule refers to liquid material which is pumpable by conventional pumping devices designed to pump low-viscosity liquids and largely free of suspended or settled (vs. dissolved) solids. A liquid that has become frozen due to ambient freezing temperatures but would otherwise be of liquid state at 72°F (22 ºC), will still meet the definition of liquid for purposes of this contract.
e. The term Sludge(s) used in this document and the Price Schedule refers to material that is either (a) a multiphasic material with some combination of a liquid phase and a solid phase as defined above, (b) a slurry or mud-like material, such as liquid-saturated soil or tank bottoms, whereby solids are largely or completely suspended in liquid and typically flows under gravity, and may or may not be conveyable by high capacity pumping or vacuuming devices designed to move heavy material, or (c) a highly viscous liquid not pumpable by conventional pumping devices designed to pump low-viscosity liquids.
f. Liquids in totes, also known as portable tanks and Intermediate Bulk Containers (IBC), come in various sizes. For purposes of this contract, liquid wastes that are removed in totes are considered containerized waste.

1.2.10.2 CONTAINERIZED WASTE

a. The term containerized waste refers to waste that is typically transported by a box truck, panel truck or semi-truck and trailer or van, including waste contained in drums, totes, cubic yard boxes, military tri-wall boxes, cubic yard bags, lamp boxes, and cylinders.

b. Containerized wastes are assigned a CLIN Suffix of C8. CLIN Suffixes C8 are ordered in kilograms “KG”. Transportation CLINs, including BASEL, Lab analysis, Certificates of Disposal/Recycling, and other miscellaneous CLINs such as Defense Act Insurance will be ordered as each “EA”. CLINs for cylinders, vessels, canisters, and other miscellaneous waste streams have a CLIN Suffix of ME, M1, M2, or M3 and are also ordered as each “EA”.

c. Containers of the same Base CLIN and no larger than 5 gallons in size, may be palletized. However, this provision only allows for up to eighteen (18) 5-gallon pails/buckets per pallet or cubic yard box. Consumer commodity expired material of the same CLIN that are smaller than 5 gallons in size packaged in their original packaging may be placed on pallets for ease of storage and movement. Containers/items placed on a pallet shall be secured with dunnage, i.e., banding straps, stretch or shrink wrap for stability in movement. The sum weight of the dunnage, pallet, and palletized waste cargo will collectively comprise the weight of the waste and shall not exceed a weight of ≤ 900 kilograms (≤ 2000 lbs.) and/or a height of ≤ 152 centimeters (≤ 60 inches) unless otherwise authorized by the Contractor.

Note: The words container and drum may be used interchangeably throughout the contract.

1.2.11 EXPEDITED REMOVAL/PERFORMANCE OF SERVICES – CLIN 1094SV

a. The standard removal time for containerized waste under this contract is forty-five (45) business days per Section 7.0.
b. When expedited removal is ordered, waste must be removed within the specified timeframe, per Section 7.1. The clock for expedited removal begins on the first full business day following issuance of the TO. Expedited removal CLINs may be ordered in conjunction with any disposal CLIN(s) at any pick-up point(s) in the contract. Ordering an expedited removal CLIN will supersede the standard removal timeframe specified in Section 7.0. Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 1094SV will be ordered based upon the timeframe for which the subject waste is to be removed. One (1) each will be ordered for containerized waste up to forty (40) 55-gallon containers or the volumetric equivalent.
CLINs
Description
Paperwork Submission
1094SV
21-Business Day Expedited Removal/Performance
15-Business Days Prior to Removal/Performance of Service

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. At the time of removal, the Contractor shall provide the COR with a complete and accurate, transporter-signed copy of each shipping document (manifest) that is used for the waste removal. The Contractor shall also furnish a copy of each shipping document (manifest), signed by the designated TSDF, to the DLA Disposition Services Site COR coordinating the waste disposal within 35 business days of pickup by the initial transporter.

b. If within thirty (30) calendar days from the removal date, the waste has not yet been received at the designated facility, the Contractor shall notify the KO and COR of the current physical location of the waste. As applicable, the Contractor shall also provide the shipping documents including manifests with additional transporter signatures. The Contractor must ensure there is a clear audit trail for all items until final treatment/disposal is accomplished.

2.0 DISPOSAL/RECYCLING

a. For wastes removed from military installations and shipped to a qualified in-country TSDF 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 TSDF using shipping document(s) as a requisite part of the invoice packet for payment.
b. For wastes removed from military installations and shipped to a qualified in-country TSDF appearing in the DLA QFL at the time of removal, where the in-country TSDF accepts the waste under their permit and subsequently exports it as the waste Generator to an outside-country TSDF for disposal and/or recycling, the Contractor will provide waste movement tracking only from the generating installation to the in-country TSDF using shipping document(s) as part of the invoice packet for payment.
c. For wastes that cannot be accepted by the HN in-country TSDF and require export directly from the military installation to an outside-country TSDF for disposal and/or recycling such waste shall be turned in by the USG under a separate “export only” contract.

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

e. While TSDFs 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.
f. Regardless of the ordered disposal or recycling CLIN and its associated description, the Contractor shall comply with all HN, ADR, IMDG, International Laws and contract requirements. It is the responsibility of the Contractor to notify the USG if an ordered CLIN requires a disposal or recycling technology that conflicts with any such regulation(s).

2.1 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

a. Generators may require Certificates of Disposal/Destruction (CD) or Recycling for any items at their discretion. The Government recognizes there are additional costs to the Contractor associated with obtaining these certificates from the final disposal, destruction, or recycling facility. Unless otherwise stated in this contract, such certificates will only be required as specified in the CLIN description on the Price Schedule and/or PWS, or if CLIN 650300 is ordered. CLIN 650300 will not be ordered in conjunction with a CLIN that is already identified as requiring a CD or Certificate of Recycling.
b. When service CLIN 650300 is ordered it will be placed on a standalone TO with the subject disposal CLIN, separate from other disposal and service CLINs. Disposal/recycling of all items must take place within 225 calendar days after the date of the task order (315 calendar days for items requiring demilitarization).
c. CLIN 650300 will be ordered as one each (1 EA) for every CD or Certificate of Recycling desired per TO line item.

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