Attachment 1 - Performance Work Statement (PWS).pdf

SP4500-26-R-0012 Page 1 of 83 (Prepared 5/15//2026 by PKG)

BARSTOW/CHINA LAKE REGIONAL HW DISPOSAL CONTRACT

INTRODUCTION

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CONTRACT LINE-ITEM NUMBER (CLIN) SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.8 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

INSTALLATION ACCESS

1.1.9 TREATMENT STORAGE DISPOSAL FACILITY (TSDF) CLOSURES

AND OUTAGES

1.1.10 CONTRACTOR PERSONNEL

1.1.11 ADDING CONTAINERIZED WASTE TO ISSUED TASK ORDERS

1.1.12 PACKAGING, MARKING, LABELING, AND PLACARDING

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

1.2.8.2 CONTAINERIZED WASTE

1.2.9 BULK LIQUID PUMPING

1.2.10 BULKING & CONSOLIDATION

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, AND RECYCLING

2.2 EMPTY CONTAINERS

2.3 POLYCHLORINATED BIPHENYLS (PCB) RELATED WASTES

SP4500-26-R-0012 Page 2 of 83

2.4 AQUEOUS FILM-FORMING FOAM (AFFF) AND OTHER

POLYFLUOROALKYL SUBSTANCES (PFAS) RELATED WASTES

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS AND CANISTERS

2.5.1 RESERVED

2.5.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

2.5.3 RESERVED

2.5.4 ZONE “A” POISON GASES

2.6 RECYCLING OR RECOVERY

2.6.1 COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

2.7 DEMILITARIZATION

2.7.1 RESERVED

2.7.2 OTHER MILITARY ITEMS

3.0 SPECIAL SERVICES

3.1 RENTAL EQUIPMENT SUMMARY – ROLLOFF BOX (ROB), VACUUM BOX,

OR FRAC TANK

3.2 DAILY RENTAL OF A LINED ROB WITH COVER

3.3 WEEKLY RENTAL OF A LINED ROB WITH COVER

3.4 MONTHLY RENTAL OF A LINED ROB WITH COVER

3.5 – 3.9 RESERVED

3.10 INITIAL PLACEMENT OR REMOVAL OF EMPTY RENTED ROB OR

VACUUM BOX

3.10.1 MOVE EMPTY ROB, VACUUM BOX, OR FRAC TANK WITHIN

INSTALLATION

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

3.12 RESERVED

3.13 RESERVED

3.14 ICS, DAILY, CREW OF 3

3.15 – 3.19 RESERVED

3.20 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE

WORK, DAILY, CREW OF 3

3.21 RESERVED

3.22 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW

OF 2-3

3.23 RESERVED

3.24 PERFORM ANALYSIS

3.25 PREPARE WASTE PROFILE SHEET

3.26 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE (D001-

D043) AND PROVIDE HWPS

3.27 PERFORM OVERPACKING/LOOSE PACKING SERVICES

3.28 PERFORM LAB PACKNG SERVICES

3.29 BULK NON-RCRA WASTEWATER MANAGEMENT

3.30 RESERVED

3.31 HAZ CAT IDENTIFICATION SERVICES

3.32 RESERVED

SP4500-26-R-0012 Page 3 of 83

3.33 CONTRACTOR PROVIDED PACKAGING MATERIALS/CONTAINERS

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 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

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

10.1 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (H.14)

10.2 COMMON ACCESS CARD (CAC) PROCEDURES

10.2.1 DLA FORM 1728

10.2.2 DOD FORM 1172-2

10.2.3 CONTRACTOR RESPONSIBILITIES

10.3 CONTRACTOR CAC REPORTING REQUIREMENTS

10.4 CAC SECURITY COMPLIANCE

11.0 PERIOD OF PERFORMANCE

INTRODUCTION

SP4500-26-R-0012 Page 4 of 83

a. This contract is referred to as the Barstow/China Lake Regional HW Disposal Contract. Work will consist primarily of the removal, transportation, and disposal of Resource Conservation and Recovery Act (RCRA) hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, Polychlorinated Biphenyls (PCBs), and Per- and Polyfluoroalkyl Substances (PFAS) located on or around military installations or within a 50-mile radius of any pickup/service location listed on the Pickup Locations Table of the contract in the states of California and Nevada. The government may add new pickup locations situated within the service region at any time during the life of the contract at no additional cost to the government. Infectious Medical Waste, Drug Enforcement Administration (DEA) Controlled Substances, Radioactive Waste, Ammunition and explosives, will not be included under this contract. The Contractor is advised that some requirements for information may be required before start of work on this contract per Sections 1.1.8, 1.2.1, 3.29, and 5.1. The Contractor will be required to service both local and remote sites, as identified in the list of pick-up locations.

b. The standard removal time for containerized waste under this contract is 15 business days, and for bulk waste is five (5) business days. The contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized waste will most commonly be based on container sizes.

Pricing for bulk wastes will most commonly be based on gallons, pounds, or cubic yards, as applicable.

d. 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.

e. The Government agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and federal laws and regulations relating to the generation, storage, and transportation of waste.

f. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract.

These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, Material Handling Equipment (MHE), other equipment, and the compilation and submission of all documentation required by this contract. All waste 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).

g. 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

SP4500-26-R-0012 Page 5 of 83 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 “C4” designates the unit of issue as a 55-Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) Each of CLIN CS01C4. General information regarding Profile Based CLINs may be found at the link below:

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

h. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., specific Demilitarization-required items, Aqueous Film- Forming Foam (AFFF), PFAS, and PCB-related wastes. 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.

i. 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.

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

k. Generators are responsible for ensuring their containerized waste sent for disposal via this contract are in proper Department of Transportation (DOT) shippable packaging.

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

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

n. Time frames pertaining to equipment rental periods are expressed in calendar days.

For timekeeping purposes related to equipment rental, the day of equipment placement, regardless of time, will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”. All subsequent calendar days thereafter, whether in whole or in part, will constitute http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

SP4500-26-R-0012 Page 6 of 83 one (1) day toward the ordered rental period. For purposes of this contract, a calendar day will be defined as every day of the calendar year.

o. DLA-Contracting Officers Representatives (CORs) may not always be present during all removals, in such events the Generator’s Point of Contact (POC) will sign and returned all required documents, e.g., Task Orders (TO), Contractor Surveillance Checklists, weight tickets, Customer Verification Form DLA Form 2539 and other required documents to the COR coordinating the removal within 3-business days after the service completion and/or waste removal.

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

q. References to Department of Defense (DoD) and Department of War (DOW) in this contract are interchangeable and have the same meaning.

1.0 REMOVAL PHASES

The requirements for removal of waste 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 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 Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 CONTRACT LINE-ITEM NUMBER (CLIN) SELECTION CRITERIA

CLINs are assigned to waste streams by the Government and are designed around RCRA regulations, treatment, and disposal technology standards. DOT regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, and EPA 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.

a. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:

SP4500-26-R-0012 Page 7 of 83

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

(2) Corrosives (CS) – Used for all corrosive wastes meeting the EPA definition of corrosive and carrying the EPA Waste Code D002, unless it is a Lab Pack/Loose Pack, or unless the waste is concurrently assigned a D001 (ignitable) or D003 (reactive) Waste Code. Some corrosive acid oxidizers may carry the D001 Waste Code and be assigned a

CS CLIN.

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

(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001 Waste Code, unless it is a Lab Pack or Loose Pack or unless the waste is concurrently assigned a D003 (reactive) Waste Code.

FL CLINs may also be assigned to waste streams not carrying the D001 Waste Code but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

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

(6) Non-RCRA, Non-State and State-Regulated (NR) – Used for wastes that are not deemed hazardous under the United States Environmental Protection Agency (USEPA) Resource Conservation and Recovery Act (RCRA) regulations and carry no USEPA Waste Code(s). Some such wastes may be State regulated and may carry state-specific Waste Code(s). The Contractor is required to comply with state regulations, as applicable, in the management of such non-RCRA hazardous wastes.

SP4500-26-R-0012 Page 8 of 83

(7) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of PCBs that is equal to or greater than 50 parts per million (ppm) and regulated under the Toxic Substances Control Act (TSCA). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below regulatory thresholds. Additionally, some states regulate PCB-related wastes to a concentration threshold that is lower than 50 ppm. The Contractor is required to comply with state regulations, as applicable, in the management of such PCB-related wastes.

(8) PFAS-Related (PF) – Used for various wastes containing or contaminated by a source of PFAS including some AFFF wastes that may or may not be regulated under the RCRA and/or the TSCA. Some Generators of PFAS-related wastes may choose to utilize “PF” Base CLINs, even when PFAS concentrations fall below regulatory thresholds.

Some states regulate PFAS-related wastes to a lower concentration threshold than others.

The Contractor is required to comply with state regulations, as applicable, in the management of such PFAS-related wastes. RCRA-regulated wastes containing PFAS are managed under CLINs according to their assigned EPA Waste Code(s). DOD policy may dictate specific treatment and/or disposal technologies that are both state and federally compliant. Generators will assign disposal CLINs accordingly.

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

(10) Reactive (RX) – Used for various reactive wastes bearing the D003 Waste Code or potentially bearing reactive characteristics. All wastes bearing the D003 Waste Code will be turned in for disposal using an “RX” or appropriate “LP” Base CLIN, except for waste also contaminated by a source of PCBs that is equal to or greater than 50 ppm.

(11) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive waste bearing the D001, D002, or D003 Waste Codes, respectively, apart from hexavalent chromium (Cr+6) related waste and nitric acid bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6 and HNO3.

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 EPA 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-RCRA regulated waste. Permissible EPA Waste Codes for purposes of this contract are those Waste Code(s) identified in the Master Base CLIN Catalog and/or Price Schedule of this contract in the column so titled. Permissible EPA Waste Codes does not imply that any or all those waste codes listed will apply, but that no other Waste Code(s) are allowed to

SP4500-26-R-0012 Page 9 of 83 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 Treatment, Storage and Disposal Facility (TSDF) of choice. The Government will ensure that all wastes being turned in for removal will carry only EPA 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 at the below link.

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

Some waste streams may fit under more than one CLIN. A CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence:

(1) PCB-Related, Containing or Contaminated by a Source >50 ppm (regulation varies by state)

(2) Reactive (D003)

(3) Ignitable/Oxidizer (D001), other than Cr+6 related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6.

(4) Corrosive (D002)

(5) Toxic (D004-D043 and any additional D-Codes newly established by EPA)

(6) Acutely Hazardous (P-Listed)

(7) Leachate (F039)

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

(9) Spent Solvent (F001-F005)

(10) Other F-Listed

(11) U-Listed

(12) K-Listed

(13) Non-RCRA, PFAS-Related Wastes

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(14) Non-RCRA, State-Regulated Waste

(15) Non-RCRA, Non-State Regulated Waste

c. Base CLIN sequence number – Refer to the Master Disposal CLIN Catalog.

d. CLIN Suffix – Refer to the following CLIN Suffix Table:

CLIN Suffix Table Containerized Wastes

CLIN Suffix→ C1 C2 C3 C4 Container Size:

Type:

Up to 5 Gal

(DM/DF)

Up to 15 Gal

(DM/DF)

Up to 30 Gal

(DM/DF)

Up to 55 Gal

(DM/DF)

Unit of Issue: EA EA EA EA CLIN Suffix→ C5 C6 C7 C8 Container Size:

Type:

Up to 110 Gal

(DM/DF)

Pallet, CYB, or Tri-Wall Box

Containerized Pounds

Containerized Kilograms

Unit of Issue: EA EA LB KG

Pumpable Liquid Wastes Removed in Totes / IBCs CLIN Suffix→ T1 T2 T3 Container Size:

Type:

Up to 220 GL 850 Liters

(TP)

Up to 275 GL 1,050 Liters

(TP)

Up to 330 GL 1,250 Liters

(TP)

Unit of Issue: EA EA EA

Bulk Solid & Liquid Wastes CLIN Suffix→ B1 B2 B3 B4 Bulk Load Description

Bulk Heavy Solids (>600 lbs./Yd3) Priced per Lb., Based on Bulk Loads that are…

Up to 10,000 lbs.

10K up to 20K lbs.

20K up to 30K lbs. >30,000 lbs.

Unit of Issue: (Pounds) LB LB LB LB Notes: Weights shown above are net weights of actual waste per bulk load.

Not to be used for lightweight solids weighing less than 600 lbs./yd3.

CLIN Suffix→ B5 B6 RESERVED RESERVED Bulk Load Description:

Bulk Pumpable Liquids

Removed via Vac Truck or

Tanker

Bulk Solids Lightweight

(<600 lbs./Yd3) Remove via

ROB

Unit of Issue: Gallons

(GL)

Cubic Yards

(CD)

Minimum Load Ordered:

1,500-Gallons 75% of ROB Capacity

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Compressed Gas Cylinders (Sizes do not include valve or handle.)

CLIN Suffix→ ME M1 M2 M3 Size Category: Lecture Small Medium Large Size Up To: 3" x 12" 4" x 24" 12" x 36" 16" x 56" Unit of Issue: EA EA EA EA CLIN Suffix ME (Miscellaneous, Each) also has applications for other than compressed gases.

e. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the Government. If the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters:

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

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

1.1.1.1 CLIN DISPUTES

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

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

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. At the Contractor’s expense, electronic documentation must be submitted within 10 business days to the KO and COR following the TSDF receipt date supporting the assertion. Requests for a CLIN change without supporting documentation will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

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

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expenses to the Government, the Contractor shall be responsible for paying all fees, preparing, or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, treatment, or disposal decision. This includes any fees associated with requirements of the EPA national electronic manifest (e-Manifest) system. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal if required. This also includes signing (on behalf of the Government) waste profiles requested by the TSDF. All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to any federal or state 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 Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, EMS policies, and/or forklift training.

c. The Contractor and any subcontractor(s) shall use only the facilities and transporters currently (at the time) listed in the Defense Logistics Agency Disposition Services (DLADS) Qualified Facilities List (QFL) and Qualified Transporters List (QTL), per Section 5.0.

d. Any import or export shipment outside the United States must comply with all international agreements and all applicable foreign laws. For Importation of waste into Canada

SP4500-26-R-0012 Page 13 of 83 the Contractor must complete a transport manifest, submit a permit application before shipping, and a confirmation of disposal or recycling after final disposal. The Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the COR and the Generator with each TO/manifest.

e. The Contractor will not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR) unless domestic treatment capability does not exist or domestic facilities are unable to meet EPA LDR requirements within the United States (e.g., Lithium batteries). Mercury wastes (>260 mg/kg) subject to the EPA’s Mercury Export Ban Act (MEBA) of 2008 will not be exported outside the United States.

1.1.2.1 REPORTING REQUIREMENTS

a. If the Contractor uses a TSDF which requires the Generator(s) of hazardous waste to register with an out-of-state hazardous waste management facility prior to utilizing the facility, the Contractor must adhere to the requirements of Section 1.1.2.

b. The Contractor shall prepare and provide a Summary Manifest Report, including the completed manifest documents, to the Generator via the COR for filing with the State regulatory office(s). This Summary Manifest Report will be provided in sufficient time to allow the Generators to file the reports within the time frames allotted by each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the Generator via the COR, per Section 1.1.2.

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

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping documents.

The Contractor shall use only a Non-Hazardous Waste Manifest (NHWM) or a Uniform Hazardous Waste Manifest (UHWM) (EPA Form 8700-22 and, if necessary, the continuation sheet EPA Form 8700-22A) for shipments of waste under this contract. Bill of Lading (BOL) documents are prohibited for use under this contract. Some states may require the use of state-specific waste codes and/or have unique requirements regarding the use of manifests. The Contractor will comply with all such state requirements in the performance of this contract. All shipping documentation including the Hazardous Waste Manifest, non-hazardous waste manifest, LDRs and any additional shipping documentation must follow the format specified by the government. The advanced reading copies must precisely replicate the format used on the day of removal and no variations such as drafts, word documents, or other alternative will be accepted.

b. The Contractor shall provide the COR and the Generator with a copy of the completed manifest(s) and LDR notifications that corroborates the items listed on the approved DD1155 /

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Task Order Pick-up Report for review by the appropriate U.S. Government official. These documents will be provided at least five (5) business days prior to removal of containerized wastes and two (2) business days prior to removal of bulk wastes. Notifications for expedited orders shall be performed IAW timeframes as listed in Section 1.1.4. All documentation shall be clearly marked with the name of the servicing DLA Disposition Services Field Activity in addition to the Generator, contract and TO number. Emergency response information and 24-hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document.

c. Electronic Manifest System (e-Manifest System): Generators may continue to use paper manifests during their transition to fully electronic manifests in the e-Manifest System and the phase out of paper manifests. If presented with paper documents, the Contractor will provide the Generator with a paper copy of the manifest signed by the initial transporter.

d. The use of mock EPA identification (ID) numbers:

(1) When adding a TSDF to the Qualified Facility List (QFL), a unique mock

EPA ID number will be created by DLA Disposition Services for:

(a) Any non-RCRA TSDF within United States (US) territories (CONUS, AK, HI, GU, and PR) and,

(b) Any TSDF located outside of United States territories (OCONUS).

Some states have issued EPA IDs to TSDFs outside US territories to track HW shipments. In these scenarios, mock EPA IDs will not be created to replace the state issued EPA ID.

(2) When adding transporters to the Qualified Transporter List (QTL), a unique mock EPA ID number will be created by DLA Disposition Services for any “non-regulated only” transporter within the United States and its territories, and for any transporter located outside the United States and its territories.

(3) Mock EPA ID numbers for TSDFs and transporters will be used on DLA

Form 2505 Invoice, when submitted to DLA for invoicing purposes.

(4) Mock EPA IDs for TSDFs and transporters must be entered on manifests.

Regulations may dictate where the mock ID number will be entered on a manifest.

Example: When exporting from US territories, 40 CFR section 262.83(c) requires only the destination company name and address to be used in block 8 of the Uniform Hazardous Waste Manifest (EPA Form 8700-22) when the export destination does not have an EPA ID. In this scenario, the mock EPA ID number will be entered in Block 14, “Special Handling Instructions and Additional Information.”

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(5) The format for mock EPA ID numbers for Conditionally Exempt Small Quantity Generators (CESQG) and Very Small Quantity Generators (VSQG) shall be State abbreviation + Pick-up DoDAAC + “SMAL”, e.g., FLSY2314SMAL.

e. The “Universal Waste” Rule, 40 CFR § 273, does not require the use of a hazardous waste manifest to ship Universal Waste (UW) within, to, or through a state that has adopted the Universal Waste Rule, in which case, under this contract, a non-hazardous waste manifest may be used. Whenever UW is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used.

The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” (or equivalent) block when UW is being transported (e.g., “Universal Waste Shipment”). Shipments of UW must comply with the requirements specified in 40 CFR § 273.18 and 273.38. UW includes but is not limited to batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR § 260.10. It may also include state-regulated UW such as antifreeze, paint, and paint-related wastes (PPRW), cathode ray tubes (CRTs), electronics, and aerosol cans. The regulations allow the Generator to make the determination about whether to handle these and other specific wastes as UW or as HW per 40 CFR. The Contractor will be advised on the TO if these wastes are to be handled as “Universal Waste”.

f. NOTE TO GENERATORS: While Generators have the option to manage some waste streams as UW, Generators under this contract may be required to order disposal/recycling CLINs that provide for the proper treatment and disposal of waste based on the waste characteristics if it were otherwise managed as a HW.

(1) Example: UW aerosol cans that would otherwise carry corrosive (D002) or reactive (D003) EPA Waste Codes, will be ordered under CLINs CS15C7 and RX01C7, respectively, and NOT under CLIN FL01C7, even when managed and turned in as UW with no EPA waste codes under state and/or federal regulations. This is because corrosive and reactive wastes cannot typically be processed using fuels blending technologies for energy recovery as hazardous waste derived fuels. Generators are urged to segregate their aerosol cans accordingly. Other scenarios may apply.

g. Note on Fuels blending: Unless expressly prohibited by State or Federal regulations, fuels blending and subsequent thermal destruction will meet recycling/recovery requirements for wastes having a minimum energy value of 2,500 BTUs/Lb., including wastes consisting of or containing Petroleum, Oil, and Lubricants (POL), organic solvents, paints, and antifreeze.

1.1.4 NOTIFICATIONS

a. Unless otherwise specified in this contract, the Contractor shall notify the COR and/or other designated Government representative at least five (5) business days BEFORE attempting installation access to conduct business related to performance under this contract.

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(1) In addition to the above notification requirement the Contractor shall provide:

(a) A weekly schedule shall be communicated via email to the COR no later than Thursday of the preceding week

(b) Transporter company name

(c) Driver’s name

(d) Driver’s Commercial Driver License (CDL) number, HAZMAT endorsement and expiration date

(e) Contractor Personnel badge number and expiration date

(f) Truck badge number and expiration date, where applicable, and

(g) Other information as required by the Security office

b. The Contractor may proactively provide the COR with a list of qualified drivers designated to perform removals under this contract, along with the above information. However, for proper Security notification, the Contractor must notify the COR of the specific driver scheduled to arrive for each removal effort.

c. If a driver other than the one scheduled arrives to perform a removal, the COR or other designated Government representative will verify the personnel change with the Contractor before the removal commences. This will require written notice from the Contractor and may result in the driver’s late arrival to the pickup location (See 1.2.6).

d. For TOs containing expedited removal or other performance CLINs, the Contractor shall notify the COR or other Government representative for each location in the following timeframes BEFORE attempting installation access for any reason:

CLINs DESCRIPTION REQUIRED NOTIFICATION TIMES 1095SV 1-Business Day Expedited

Removal/Performance One (1) Hour Prior to Removal/Performance

1096SV 3-Business Day Expedited Removal/Performance

One (1) Business Day Prior to Removal/Performance

1097SV 5-Business Day Expedited Removal/Performance

Four (4) Business Days Prior to Removal/Performance

1098SV 10-Business Day Expedited Removal/Performance

Five (5) Business Days Prior to Removal/Performance

1099SV Expedited Commencement of ICS Work, Crew of 2 or 3

Based on day of week TO is issued. (Refer to Section 3.22)

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See Section 1.2.11 for additional information on expedited service CLINs.

c. Notification requirements for an excusable delay request. If at any time following the issuance of a written TO or anytime during the performance period, the Contractor determines standard removal times for any waste streams cannot be met due to unforeseen issues at the TSDF(s) beyond the Contractor’s control, the Contractor shall notify the KO and COR in writing via email by close of business (COB) the following business day, that a delay in removals under the subject TO will ensue. Written notifications shall include the subject TO number, reason(s) for the delay, substantiable documentation from TSDF(s), and the estimated date/time of performance completion. Substantiable documentation shall include written evidence showing earnest attempts were made by the Contractor to utilize at least two alternatives qualified TSDF needed to meet the performance requirements and firm fixed pricing in the contract. Failure by the Contractor to make a proper notification to the KO, as needed to render an informed decision regarding the Contractor’s asserted inability to perform timely due to factors beyond their control, shall constitute a waiver by the Contractor to exercise its excusable delay request.

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

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

(b) The Contractor will provide biweekly TO updates to the KO and COR beginning 21 calendar days after the new or modified TO is issued. Updates shall include the status of the TO, the estimated time/date for removal, and further substantiable documentation that will provide the KO information to make an informed decision whether the delay remains beyond the control of the Contractor. The requirement for TO updates will terminate when the Contractor’s requirements under the TO have been met.

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

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

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

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

b. The Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The Government 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 Government reimbursement to the Contractor.

1.1.6 HOURS OF OPERATION

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

HOLIDAY DATE

New Year’s Day 1 January* Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19 June* Independence Day 4 July* Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November* Thanksgiving Day 4th Thursday in November Christmas Day 25 December*

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

b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government 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 government installation, the services will be provided during the normal hours of operation for the installation.

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

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The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the KO providing approval in writing prior to release. The contractor shall immediately notify the KO upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or HN officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the KO.

1.1.8 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) INSTALLATION

ACCESS

a. This Section applies to all Contractors and their representatives, including subcontractors.

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

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

d. Contractor registration in DBIDs and/or other security access systems does not guarantee the Contractor can gain access to every installation serviced under this contract.

Additional security measures may be required at some installations and activities. Consult the COR for information regarding additional credentialing requirements at specific locations.

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

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

https://dbids-global.dmdc.mil/home/

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

Note: The Contractor shall coordinate with the COR for China Lake, Tonopah Test Range (TTR) and Nellis AFB regarding Installation access requirements.

1.1.9 TREATMENT STORAGE DISPOSAL FACILITY (TSDF) CLOSURES AND

OUTAGES

Permanent or temporary closures or outages of the Contractor’s TSDF of choice, whether owned or subcontracted by the Contractor, does not alleviate the Contractor of its responsibility to perform on-time waste removals according to specified performance times and firm fixed pricing in this contract. Advanced notifications to the COR of scheduled TSDF outages for such reasons as maintenance may allow for flexibility in removal dates when agreed upon by the Government. Unless the COR or KO authorize in writing to accept delays of service due to a TSDF closure or outage, the Contractor shall utilize an alternative qualified TSDF when necessary to meet containerized and bulk waste removal requirements at no additional cost to the Government. The Contractor is advised to always have an alternative qualified TSDF in place to ensure timely removals. Refer to Section 1.1.4(c) for excusable delay requests needed after the issuance of a written TO.

1.1.10 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 Federal and State compliance obligations i.e., 29 CFR-OSHA, 40 CFR-EPA, 49 CFR-DOT, and updates thereto. 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 Government, the Contractor shall provide proof that these trainings were completed.

1.1.11 ADDING CONTAINERIZED WASTE TO ISSUED TASK ORDERS

The Government will be allowed to add containerized wastes to issued TOs up to five (5) business days prior to regularly scheduled removals. The addition of such containers to an active TO will be limited to those waste streams having been fully profiled by the Contractor with the designated TSDF, compatible wastes, and having their associated CLINs available on the price schedule and volumes that don’t require the Contractor to alter their regularly scheduled means of transportation to meet DOT compliance.

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If the Contractor has already provided the COR and the Generator with a copy of the completed manifest per Section 1.1.3, the Contractor will edit the manifest on or before the time of removal.

Adding bulk waste to an issued TO will not be allowed unless agreed to by the Contractor.

1.1.12…