ATTACHMENT 1 PWS Kanto Fuji Regional Tank Cleaning.docx
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- Attached to
- Tank & OWS Cleaning Services, Kanto-Fuji Region
- Solicitation number
- SP450024R0016
- Issued by
-
Defense Logistics Agency
About this file
This document is a Performance Work Statement (PWS) for the Kanto-Fuji Regional Tank and Oil Water Separators (OWS) Cleaning Services Contract. The contract will consist of cleaning above ground, below ground storage tanks and oil water separators located on or around military installations throughout the Kanto-Fuji region of Japan. The contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract with a 30-month base period and one 30-month option period. The contractor must comply with Japan Environmental Governing Standards (JEGS) and Government of Japan (GOJ) environmental laws and regulations. Key requirements include pre-cleaning activities, safe tank cleaning procedures, post-cleaning documentation, qualified transporter lists, and acceptable performance levels. The contract has various CLINs for tank and OWS cleaning services based on capacity size. Proposals are due by 1700 EST on 20 June 2024 and must be emailed to the specified addresses.
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Kantō-Fuji Regional Tank and Oil Water Separators (OWS) Cleaning Services Contract
0.0 PERFORMANCE WORK STATEMENT (PWS) (v.4/29/2024)
1.0 CLEANING SERVICES PHASES
| 1.1 PRE-TANK CLEANING | |
| 1.1.1 CLIN SELECTION CRITERIA | |
| 1.1.2 CLIN DISPUTES | |
| 1.1.3 PERMIT/SPECIAL REQUIREMENTS |
1.1.4 CONVEYANCE VEHICLE OR TRAILER SECURITY
1.1.5 DBIDS INSTALLATION ACCESS
1.1.6 HOURS OF OPERATION
| 1.2 TANK CLEANING | |
| 1.2.1 SAFETY REQUIREMENTS |
1.2.2 SPILL RESPONSIBILITY
| 1.2.3 TRANSPORTATION |
| 1.2.4 EXPEDITED SERVICE PERFORMANCE |
1.2.4.1 TASK ORDERS (TO) ADJUSTMENTS
| 1.3 POST TANK CLEANING | |
| 1.3.1 RETURN OF SHIPPING DOCUMENTATION |
3.0 MANAGEMENT SERVICES
3.1 TANKS AND OIL WATER SEPARATORS (OWS) CLEANING
4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)
4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE
5.0 QUALIFIED TRANSPORTERS LISTS (QFL/QTL)
5.1 ADDING/UPDATING QUALIFIED TRANSPORTERS
5.2 RESERVED
5.3 TRANSPORTER REMOVAL
6.0 ADDITIONAL REQUIREMENTS
6.1 INDEMNIFICATION
| 6.2 CONTRACT RELATED INFORMATION DISCLOSURE |
| 6.3 PLACES OF GOVERNMENT INSPECTION |
| 6.4 RESERVED |
| 6.5 CONTRACTOR REPRESENTATIVES |
| 6.6 INCIDENTAL FEES |
6.7 TREATMENT STORAGE DISPOSAL FACILITY INSPECTIONS
7.0 STANDARD TIMES FOR 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) v4/29/2024.
a. This contract is referred to as the “Kantō-Fuji Regional Tank and Oil Water Separators (OWS) Cleaning Services Contract”. Work will consist of the cleaning of above ground, below ground storage tanks and oil water separators listed within Attachment 2, Price Schedule. All services will be performed as requested by the U.S. Government (USG) located on or around military installations throughout the Kantō-Fuji region of Japan and United States Forces Japan (USFJ) activities within a 50-miles (80 kilometers) radius of any service locations listed on this contract. Service locations are identified in Attachment 3 of the contract.
The Japan Environmental Governing Standards (JEGS) may be located at: https://www.usfj.mil/Resources/JEGS/
| b. The contractor agrees to provide all services listed in the Price Schedule of this solicitation in accordance with Japan Environmental Governing Standards (JEGS) and the Government of Japan (GOJ) prefecture and local environmental laws and regulations, as well as and conditions of this contract. These services shall include all necessary Joint Venture Partners (JVPs) personnel, and representatives. Services shall include all labor, transportation to and from the service locations, equipment, and submission of all documentation required by this contract to U.S. Department of Defense (DOD) installations throughout the Kantō-Fuji region of Japan. |
| c. The term “DoD installations” refers to U.S. military installations and activities operated directly by the U.S. Department of Defense and those operated by U.S. allied partners. |
d. The Contractor is advised that the requirements in Sections 1.1.3 must be met before start of work on this contract.
e. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract and allows the Contracting Officer (KO) to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.
f. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.
j. Publications and attachments applicable to this contract will be made available upon request to the KO. During the solicitation and life of this contract, the USG may make requirement changes, additions, and/or deletions to those initially identified.
h. All Tank Cleaning Services transportation cost is included in the CLIN, unless otherwise stated.
i. Required time frames for Contractor performance of services is expressed in business days. A business day will be defined as any day in which the USG normal business is conducted. It does not include weekends, U.S. federal holidays, Government of Japan Holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions.
j. The standard performance time frame for work completion at all sites shall be completed within twenty-one (21) business days of issuance of a written task order except for the expedite CLINs indicated in this contract. The Contractor agrees that for those portions of the services provided on a United States Government (USG) installation, services will be provided on U.S. workdays (Monday through Friday), during normal hours of operation of the installation. Hours of operation, U.S. Federal holidays and Government of Japan Holidays are provided in Section 1.9.
k. The Contracting Officer's Representative (COR) is a USG representative designated by the Defense Logistics Agency (DLA) 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 CLEANING SERVICES PHASES
The Contractor and their Joint Venture Partner(s) must always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and JVPs involved in performing these services are to be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on federal property.
1.1 PRE-TANK CLEANING
a. Except as may otherwise be specified herein, the Contractor shall notify the COR and the USG representative for each location, at least five (5) business days BEFORE attempting site visits and performing services.
b. 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).
| c. In addition to the notification above 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 15 calendar days prior to performing services. The Contractor may also opt to provide a list of approved drivers under this specific contract to the COR or other USG representative prior to any attempted visit or services. If this option is elected and the list is approved by the USG and maintained by the Contractor, the fifteen (15) calendar day notification requirement is waived for the remainder of the contract unless otherwise modified. |
| d. If a driver, other than the one specified fifteen (15) calendar days in advance for the specific TO; or, one whose name does not appear on the optional list of approved drivers arrive for visits, or to performed services the COR or other designated USG representative will verify the personnel switched with the Contractor. 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 for drivers other than those previously identified and approved when this causes late performance. |
1.1.2 CLIN DISPUTES
a. CLIN discrepancies noted on a Task Order (TO) during a pre-service’s inspection and/or during services by the Contractor will be addressed immediately via the COR and the Generator requesting the services. 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 services performed 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 performance of a service that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 10 business days after completion of a service supporting the assertion. After review of the documentation, the Contractor will be notified by the KO of the USG’s final determination. Requests for a CLIN change without supporting documents will not be accepted. All documentation written pursuant to this contract shall be in the English language.
1.1.3 PERMIT/SPECIAL REQUIREMENTS
| a. The Contractor warrants their current authorization to operate and conduct business in Japan and that they will fully comply with all the compliance obligations of the Government of Japan (GOJ). Unless listed as a separate CLIN on the price schedule, the Contractor shall be responsible for paying all fees associated with preparing or obtaining any necessary licenses, permits, or notifications. The Contractor shall also be responsible for paying prefecture or local fees, taxes, or penalties assessed against DLA resulting from the Contractor’s decisions in the performance of any service. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract. |
| 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, and/or forklift training. |
| c. Immediately upon contract award, the Contractor shall prepare all documents and notifications required to transportation and to perform services listed in the contract. |
1.1.4 CONVEYANCE VEHICLE OR TRAILER SECURITY
a. All Contractor-furnished conveyances, trailers, and tankers must be padlocked upon arrival and prior to departure of the service location(s). Failure to meet this requirement could result in the USG’s halting the pickup. The driver shall provide the padlock and lock the trailer, tanker without assistance from the COR or other USG representative. Japanese transporters with an internal locking mechanism instead of padlocks are acceptable.
b. The USG has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The USG further has the right to refuse installation access and to stop Contractor/JVP work of any kind, at any time, for any reason if/when the USG believes that a security risk may exist. Any demurrage resulting from the driver verification process and/or security risk assessments will not be grounds for USG reimbursement to the Contractor.
1.1.5 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 U.S. military installations: Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Russia, Mongolia, North Korea, Peoples Republic of China (including Tibet), Syria, Yemen, and the former Yugoslavia (Serbia, Croatia, Montenegro and Bosnia and Herzegovina), this list is not inclusive. 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 JVPs employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of final payment.
1.1.6 HOURS OF OPERATION
a. The services to be performed under this contract shall be performed during USG working days, as applicable for the site(s) on the TO, with specific office hours available from the COR, except for USG holidays. Work that cannot be completed by close-of-business for the TO site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on the following USG and GOJ holidays.
U.S. Government Holidays Table
| DAY |
| 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* |
| January 1st* |
| 1st Monday in September |
| 3rd Monday in January |
| 2nd Monday in October |
| 3rd Monday in February |
| November 11th* |
| Last Monday in May |
| 4th Thursday in November |
| July 4th* |
| December 25th* |
* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.
c. Services will not be scheduled to be performed on any Japan Public Holidays, Official national, or provincial public holiday or one designated by the Government of Japan:
Japan Public Holidays Table
| DAY |
| DATE |
| January 8 (second Monday of January) |
| Coming of Age Day |
| February 12 * |
| Foundation Day |
| February 23 |
| The Emperor's Birthday |
| March 21 |
| Vernal Equinox Day |
| April 30 * |
| Shōwa Day |
| May 3 |
| Constitution Memorial Day |
| May 4 |
| Greenery Day |
| May 5 |
| Children's Day |
| July 16 (third Monday in July) |
| Marine Day |
| August 11 |
| Mountain Day |
| September 17 (third Monday of September) |
| Respect for the Aged Day |
| September 24 * |
| Autumnal Equinox Day |
| October 8 (second Monday of October) |
| Health and Sports Day |
| November 3 |
| Culture Day |
| November 23 |
| Labor Thanksgiving Day |
* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.
d. 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 business hours of operation for the installation.
1.2 TANK CLEANING
1.2.1 SAFETY REQUIREMENTS
a. The Contractor and Joint Venture Partner(s) shall comply with all applicable environmental and safety compliance obligations at USG installations when performing services. The Contractor shall ensure that all personnel 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 Joint Venture Partner 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 JVPs to the satisfaction 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 Joint Venture Partners shall be removed off-site the same day of the spill. |
| b. The Contractor shall report all spills or leaks, regardless of their quantity, to the COR and the KO immediately upon discovery. The Contractor shall adhere to all Host and 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 date, 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.
NOTE: Each USG installation may have specific spill reporting requirements. COR shall coordinate with the Contractor to ensure installation spill reports are completed and submitted to proper installation spill coordinators the same day of the spill regardless of size.
1.2.3 TRANSPORTATION
Contractor-provided transportation will comply with all GOJ transportation compliance obligations under this contract and U.S. Military Base Safety requirements, DOD Safety and Security policies while on DOD installations. Failure to meet these requirements may result in the USG halting the pick-up.
1.2.4 EXPEDITED PERFORMANCE OF SERVICES – CLIN 1098SV
a. The standard performance time for performance of services under this contract is twenty-one (21) business days, per Section 7.0.
b. When expedited performance of services is ordered, performance must begin within the specified timeframe, per Section 7.1. The clock for expedited performance of services begins on the first full business day following issuance of the written TO. Expedited performance CLINs may be ordered in conjunction with any service CLIN(s) at any pick-up location(s) on the contract. When expedited performance is required, one each (1 EA) of CLIN1098SV will be ordered based upon the timeframe for which the commencement of service is required and will be ordered for no more than five (5) Management Service TO lines. Ordering of an expedited performance CLIN is further limited to one each (1 EA) per pick-up location, including all sites located on a single installation.
c. For TOs containing expedited performance CLINs, the Contractor shall notify the COR or other Government representative for each location in the following timeframes BEFORE attempting site visits for any reason:
| CLINs |
| DESCRIPTION |
| REQUIRED NOTIFICATION TIMES |
| 1098SV |
| 10-Business Day Expedited Performance |
| Five (5) Business Days Prior to Performance |
1.2.4.1 TASK ORDER (TO) ADJUSTMENTS
a. All TO quantities are estimated. The Contractor should expect that TO quantities will require adjustment upward or downward as services take place. Therefore, the USG has the unilateral right to increase or decrease the TO quantities in those cases where the USG has underestimated or overestimated quantities ordered for services. In cases of adjustments resulting in a quantity decreased, these decreases are not subject to Federal Acquisition Regulation (FAR) 52.212-4, termination for convenience coverage.
b. In addition, it is agreed that it is acceptable for the USG to issue TO modifications unilaterally for quantity changes, CLIN changes, adding/deleting lines, extending TO end dates, etc. The Contractor will be paid for the actual services performed. If upon receipt of a unilateral TO modification, the Contractor does not agree with the USG’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued TOs, and no changes will be made to the terms and conditions of the contract.
1.3 POST TANK CLEANING
1.3.1 RETURN OF TASK ORDERS DOCUMENTATION
At the time of performing of all services on the TO, the Contractor shall sign DD Form 1155 (Task Order) including modifications and return it to the COR to validate completion of the services.
2.0 RESERVED
3.0 MANAGEMENT SERVICES
This Section covers various Management Services requirements related to the management of hazardous and non-hazardous wastes throughout service locations under this contract. These CLINs do not include the disposal or recycling of wastes, which are ordered under the appropriate disposal or recycling CLINs via Sagami - DLA-DS hazardous waste disposal contract. TO minimums do not apply to Management Service CLINs unless otherwise stated.
3.1 TANKS AND OIL WATER SEPARATORS (OWS) CLEANING – CLINs 6350AA – 6350QQ and 6352A1 – 6352A5, 6352FF & 6352GG
| a. When CLINs 6350AA – 6350QQ and 6352A1 – 6352A5, 6352FF & 6352GG are ordered, the Contractor shall clean tanks, totes, oil/water separators (OWS), wash racks until no visible residue remains. Stains are not considered residue. Piping associated with the tanks is included as part of the tank cleaning, if specified by the USG. Piping must be free of liquids, sludge, flowable solid product and debris upon completion and visually, to the extent possible, verified as such. Stains, scale, and hardened product residue buildup remaining in the piping is acceptable. The unit of issue is each where (1) EA equals all mobilization and demobilization, labor, tools, materials, confined space work if applicable, vacuum truck/box, and other equipment to include PPE to perform identified cleaning. |
| b. The above listed CLINs do not include tank pumping or disposal of sludge/solids removed/generated during the cleaning process. Tank/wash rack pumping will be ordered under the appropriate CLIN for the pumpable waste contained in the tank or wash rack via the Sagami/Misawa hazardous waste disposal contract. The Generator/Tank Owner or Operator shall provide containers for unpumpable sludge/solids. The Contractor shall containerize the unpumpable sludge/solids. In all cases, the Generator/Tank Owner or Operator will ensure the pumpable waste in the tanks/wash rack is removed prior to tank cleaning. Work performed under these CLINs do not include permitted “Confined Space” areas. The Contractor will not perform work in a Permit-Required Confined Space without the proper Confined Space Entry Permit provided by the Generator/Tank Owner or Operator prior to the service starting. |
| c. For their safety, the Contractor must confirm that the confined space is cleared, prior to entry. The Contractor must continuously monitor Oxygen levels, flammable/combustible gases/vapors, and potential toxic air contaminants throughout the cleaning process. The Contractor will notify the COR when unsafe to continue, shall cease any service performance until the confined space has been cleared by the Generator/Tank Owner or Operator to re-entry. If the confined space is not cleared by closed of business that day, the Contractor will depart the area and re-assume tank cleaning at a later date with coordination from the COR. The Contractor will be paid transportation cost using CLIN 6394KF for that day. |
| d. Standard time for commencement of work under this CLIN will be within twenty-one (21) business days. The date of issuance of the written TO will constitute “Day 0” (zero), and the following business day will constitute “Day 1”. Alternative work schedules may be arranged as agreed upon by both the Contractor and Government representative. All work shall be completed within (21) business days of issuance of a written TO. |
| d. When performing work under these CLINs, the Generator/Tank Owner or Operator shall provide a clear demarcation of work areas using appropriate signage, safety boundary markings, traffic control, and removal and replacement of floor gratings (where present) in areas where work will be required by the Contractor. |
e. The following is a summary of available Tank and OWS cleaning service CLINs, all of which appear in the Price Schedule for this contract:
| CLIN |
| U/I |
| SERVICE CLIN DESCRIPTION |
| 6350AA |
| EA |
| Above ground tanks and/or equipment up to 1,000 Gallons capacity. |
| 6350BB |
| EA |
| Above ground tanks and/or equipment from 1,001 to 3,000 Gallons capacity. |
| 6350CC |
| EA |
| Above ground tanks and/or equipment from 3,001 to 6,000 Gallons capacity. |
| 6350EE |
| EA |
| Above ground tanks and/or equipment from 6,001 to 12,000 Gallons capacity. |
| 6350FF |
| EA |
| Above ground tanks and/or equipment from 12,001 to 21,000 Gallons capacity. |
| 6350GG |
| EA |
| Above ground tanks and/or equipment from 21,001 to 30,000 Gallons capacity. |
| 6350HH |
| EA |
| Above ground tanks and/or equipment from 30,001 to 40,000 Gallons capacity. |
| 6350JJ |
| EA |
| Above ground tanks and/or equipment from 40,001 to 60,000 Gallons capacity. |
| 6350KK |
| EA |
| Above ground tanks and/or equipment from 60,001 to 80,000 Gallons capacity. |
| 6350LL |
| EA |
| Above ground tanks and/or equipment from 80,001 to 100,000 Gallons capacity. |
| 6350NN |
| EA |
| Above ground tanks and/or equipment from 100,001 to 120,000 Gallons capacity. |
| 6350PP |
| EA |
| Above ground tanks and/or equipment from 120,001 to 140,000 Gallons capacity. |
| 6350QQ |
| EA |
| Above ground tanks and/or equipment from 140,001 to 160,000 Gallons capacity. |
| 6352A1 |
| EA |
| Oil Water Separator Cleaning Services, up to 1000 gallons capacity. |
| 6352A2 |
| EA |
| Oil Water Separator Cleaning Services, from 1,001 to 3,000 gallons capacity. |
| 6352A3 |
| EA |
| Oil Water Separator Cleaning Services, from 3,001 to 6,000 gallons capacity. |
| 6352A4 |
| EA |
| Oil Water Separator Cleaning Services, from 6,001 to 12,000 gallons capacity. |
| 6352A5 |
| EA |
| Oil Water Separator Cleaning Services, from 12,001 to 20,000 gallons capacity. |
| 6352FF |
| EA |
| Oil Water Separator Cleaning Services, from 20,001 to 30,000 gallons capacity. |
| 6352GG |
| EA |
| Oil Water Separator Cleaning Services, from 30,001 to 42,000 gallons capacity. |
f. The USG will order the appropriate bulk pumpable liquid CLIN for liquid that is generated by the Contractor during the cleaning process via the Sagami - DLA-DS hazardous waste disposal contract. The Contractor and COR or other USG representative shall monitor the amount of liquid used to ensure an excessive amount of liquid is not introduced. If the Contractor and COR or other USG representative have determined an excessive amount of liquid was introduced, the estimated weight of excessive liquid will be subtracted from the total weight of the waste removed. The prime Contractor shall be physically available on-site for services being performed where a JVP is executing the task on behalf of the prime Contractor. The Contractor may do so by coordinating other tasks on the same day that the JVP is on-site. The COR if on-site will provide additional surveillance intermittently for the duration of the task(s) or services as appropriate. The contract shall inform the COR upon completion of services prior to departing the area to ensure service performance was in accordance with this section.
g. Pictures of the equipment (tanks/oil water separators and/or wash rack) and specifications are available from the DLA Disposition Services CORs.
4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)
a. Acceptable Performance Level (APL) is the minimum performance of each requirement before the USG considers performance unsatisfactory. Specification of an acceptable performance level does not allow the Contractor to knowingly provide defective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. If the performance percentage does not fall below the specified acceptable performance level, the USG will not deduct for poor performance. However, the Contractor shall be required to re-perform or correct the defective service or product at no additional cost to the USG.
b. The surveillance method shall be from Collection Summary Report(s) (CSR) furnished by the COR, and customer feedback. All negative and positive actions/performance shall be the basis for monetary deductions and/or past performance annotations.
4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE
The Government reserves the right to conduct additional surveillance/review of final tracking information and/or delay payments until after complete and accurate tracking information is received, as warranted, when performance problems occur in this area.
| DELIVERABLE |
| STANDARD |
| TIME FRAME |
| Including, but not restricted to Section |
| ACCEPTABLE PERFORMANCE LEVEL (APL) |
| METHODS OF SURVEILLANCE |
| Timely TO Performance |
| Timely performance of TO. |
| As stated in contract for service specified. |
| 0.0 (j), 3.1, 7.0 and other areas throughout the PWS. |
| No more than 3 unreasonable occurrences during a 12-month period |
| 100% Review of Collection Summary Reports (CSRs) and Contractor Work Surveillance Checklist. |
| Compliant |
| Obtaining required Permits/Special Requirements. |
| As stated in contract. |
| 0.0 (d), 1.1.3 and other areas throughout the PWS. |
| No more than 3 occurrences where submissions of required documents were returned for missing or incorrect data and no more than 3 occurrences for late submissions during a 12-month period. |
| 100% Review of Collection Summary Reports (CSRs). |
| Compliant Service |
| The Contractor arrived on time and with the required equipment and in good working order to safely perform the service. |
| As stated in contract. |
| 3.1 and |
other areas throughout the PWS.
| No more than 3 occurrences where Contractor did not meet these requirements during a 12-month period. |
| 100% Review of Collection Summary Reports (CSRs) and Contractor Work Surveillance Checklist. |
| Compliant post-cleaning |
| The Contractor must inform the COR upon completion of services. |
| As stated in contract. |
| 3.1, and other areas throughout the PWS. |
| No more than 3 occurrences where the Contractor didn’t meet all performance requirements during a 12-month period. |
| 100% Review of Collection Summary Reports (CSRs). |
5.0 QUALIFIED TRANSPORTERS LISTS (QTL)
a. The Contractor will only utilize transporters listed on the Qualified Transporters List (QTL) when performing cleaning services. The QTL is located on the DLA Disposition Services Website at: https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx.
b. The Contractor is responsible to ensure their services and JVP services are performed IAW:
(1) The contract terms and conditions, and
(2) All federal, GOJ laws, JEGS and other regulations including Overseas Baseline Guidance Document (OEBGD) Contingency Location Environmental Standards (CLES), and Basel Convention if applicable.
c. When a transporter is listed on the QTL, DLA Disposition Services is not declaring that the transporter meets the requirements of this contract or that the transporter provides services IAW all applicable laws, regulations, and standards. COR approval of shipping paperwork also does not absolve the Contractor from ensuring their services or JVP services meet these requirements. If a transporter listed on the QTL does not meet contract terms and conditions or are unable to perform IAW all applicable laws, regulations, and standards, the Contractor will propose an additional transporter that meets these requirements.
d. Any damages, spills, contamination, violations and/or fines resulting from Contractor or JVP provided services will be the responsibility of the Contractor to correct such issues to the satisfaction of the USG at no additional cost to the USG. The Contractor will provide the USG with proposed corrective actions and the USG will determine if the corrective actions are sufficient. The Contractor will reimburse the USG for any fines that result from the Contractor or JVP services. The Contractor will also reimburse the USG for paid services that result in damages, spills, contamination, violations and/or fines.
5.1 ADDING/UPDATING QUALIFIED TRANSPORTERS
a. The Contractor will review the QTL prior to a service to ensure the transporters are listed on the QTL and have the appropriate permits to perform the services they provide.
b. The awarded prime Contractor will be the only entity to request additions and updates to the QTL.
c. Contractor inquiries and applications for additions and updates will be sent to the following email address with a cc: to your KO and COR: TSDFandTransporterInquiries@dla.mil.
d. The Contractor will complete DLA Form 2503, Transporter Qualification Form for new QTL applicants and updates (latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/
f. If the Contractor requests or updates a transporter where required documents are not in English, the Contractor will provide the original supporting documents in the host nation language with English translated documents at no additional cost to the USG. All translations must be typed and legible. Documents must contain a translation certification but can be self-certified by the Contractor without using a professional translation service. The person who translates the document into English for the Contractor must attach a formal letter stating that they:
(1) Are qualified to translate the document because they are competent in both English and the document’s original language.
(2) Translated the document accurately and completely to the best of their abilities.
(3) In addition, the letter must include the following information about the translator: Full name of translator, Translators signature, Translators Address, Date the translator wrote the letter and the Translators citizenship. The Government reserves the right to reject any translation and may require translation from a professional translation service at no additional cost to the Government.
g. The proposed transporter will not be added or updated to the QTL if requested documentation is not provided or if any of the reasons in section 5.3 apply.
h. The request by the Contractor to have a transporter added to the QTL after contract award does not relieve the Contractor of their obligation to perform IAW existing CLIN prices.
i. The rejection/removal of a transporter from the QTL does not relieve the Contractor from performing all contract requirements IAW existing CLIN prices.
5.2 RESERVED
5.3 TRANSPORTER REMOVAL
At any time during the period of this contract, the USG will remove a transporter from the QTL if any of the following apply:
a. The transporter does not have the appropriate hazardous or non-hazardous GOJ /local/prefecture permits to transport property under this contract.
b. The transporter has exhibited a history of noncompliance with the GOJ/HN.
c. The transporter received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time the order or issued judicial action.
d. The transporter does not have or does not enforce 24-hour security measures.
e. The transporter operates in a manner that is not IAW this contract.
f. Requested transporter documentation is not provided.
g. The transporter did not produce certified English translations for foreign language documents.
h. The transporter caused damages, spills, contamination, and/or fines while providing services for this contract.
i. The USG reserves the right to disapprove any transporter when it is in the public interest to do so.
6.0 ADDITIONAL REQUIREMENTS
6.1 INDEMNIFICATION
a. DLA, its officials, agents, Contractors, JVPs, employees, and representatives shall be held harmless from all claims or causes of action arising from, or on account of, negligent or other wrongful acts, omissions of the Contractor, its officers, directors, employees, agents, or JVPs, in performing the Work pursuant to this contract. In addition, the Contractor agrees to pay the USG all costs incurred by the USG, including but not limited to attorney’s fees and other expenses of litigation and settlement, arising from or on account of claims made against the USG based on negligent or other wrongful acts or omissions of the Contractor, its officers, directors, employees, agents, JVPs and any persons acting on its behalf or under its control, in performing the Work pursuant to this contract.
b. The Contractor also agrees to hold the USG harmless and indemnify the USG for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the USG incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the work performed pursuant to this contract.
c. The United States shall not be held out as a party to any contract entered by or on behalf of the Contractor in performing the Work pursuant to this Contract. Neither Contractor nor any such JVP s shall be considered an agent of The United States.
d. The United States shall give Contractor notice of any claim for which the United States plans to seek indemnification pursuant to this Section and shall consult with Contractor prior to settling such claim.
6.2 CONTRACT RELATED INFORMATION DISCLOSURE
The contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as JVP s under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that host nation laws and regulations require of all businesses pursuant to their regulatory authority, 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 an order to disclose information received from any competent judicial or administrative authority (e.g., federal, local or host nation 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.
6.3 PLACES OF GOVERNMENT INSPECTION
a. All services will be subject to inspection by the KO and his/her authorized representative(s) to include USG contracted audit companies. The USG and/or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, and approvals issued by any Governmental entity or agency to the Contractor or its JVPs which are applicable to the performance of services under this contract; to inspect transportation vehicles or vessels, containers, and disposal facilities provided by the Contractor; and to assess the handling, loading, transportation, storage and disposal operations conducted by the Contractor or its JVPs in the performance of this contract at its own expense.
b. The USG and/or its representatives shall be afforded free access to any facility used by the Contractor and any JVPs in performing services under this contract, including offices and facilities where contract-related records are retained. USG inspections of Contractor facilities may be scheduled or unscheduled, i.e., announced, or unannounced. The purpose of these inspections is to assist the USG in determining the conformance of services with contract requirements.
c. The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The USG's right to conduct inspections at USG, Contractor, or JVP facilities does not relieve the Contractor of this responsibility. Neither USG failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the USG thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly in accordance with the contract.
d. The Contractor, in its agreements with JVPs, shall ensure that the inspection rights described herein are afforded the USG and/or its representatives by each JVP performing services under this contract.
e. As part of the USG’s right to conduct inspection of services under this contract, it shall be allowed to obtain information from HN regulators that may be relevant to assessing the Contractor’s history of, or current, compliance with HN environmental law and regulations.
6.4 RESERVED
6.5 CONTRACTOR REPRESENTATIVES
| a. The Contractor shall within 14 business days of contract award provide a list of the names and telephone numbers of the Contractor’s Contract Manager, alternate Contract Manager and On-Site Technical Representative (OSTR) to the COR. This list will be updated within five calendar days of a change in personnel or phone number. |
| b. The Contract Manager and his alternate shall have full authority to act for the Contractor on all contract matters relating to the performance of this contract, i.e., all contract arrangements and required coordination. The Contractor agrees that notice by the USG to the designated Contract Manager or alternate Contract Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the employees so designated. |
| c. Contractor personnel must present a neat appearance and be easily recognized as Contractor employees. The Contractor shall require its JVPs to likewise comply with this requirement. Contractor and JVP personnel shall have the ability to communicate (i.e., mobile telephones) with the DLA-Disposition Services CORs, Contractor’s Contract Manager, and Installation Environmental Manager when they are on-site, performing services, or in case of an emergency, spills, or fire at any service location. |
d. The Contract Manager, alternate Contract Manager, and the OSTR shall be able to read, write, speak, and understand English proficiently and be able to actively participate in English conversations concerning technical issues associated with this contract. All correspondence related to this contract and required documents referenced in this PWS will be in the English language.
e. The Contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a 24-hour, seven (7) days/week (or “24/7”) basis. The Contractor agrees that notice to the Contractor representative(s) listed constitutes notice to the Contractor and agrees to be bound by any commitments or representations made by this representative.
NAME:
TITLE:
PHONE NUMBER:
24 HOUR EMERGENCY NUMBER:
6.6 INCIDENTAL FEES
Any incidental fees, taxes or penalty assessed against DOD/DLADS arising from the Contractor’s decisions in the performance of this contract including contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract, will be paid by the Contractor.
7.0 STANDARD TIMES FOR PERFORMANCE OF SERVICES
| a. The standard time for performance of services under this contract is twenty-one (21) business days, unless otherwise specified in this contract. The clock for performance of services begins on the first full business day following issuance of the written Task Order. The Contractor shall complete services by close of business on the last day of the required performance time. The Contractor must perform in accordance with specifications regarding all services. |
| b. Time sensitive performance of services include but are not limited to the following: |
| Performance Time |
| Performance Requirement |
| 21business days |
| - Tank Cleaning (Section 3.1) |
| 10 business days |
| - Expedited Service Performance (Section 1.2.4) |
c. If at any time following the issuance of a written TO, or anytime during the performance period, the Contractor determines the performance time cannot be met due to factors beyond their 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 service performance under the subject TO will ensue. Written notifications shall include the subject TO number, reason(s) for the delay, substantiated actionable documentation and the estimated date/time of performance completion. Substantiated documentation shall include written evidence showing earnest attempts were made by the Contractor to rectify the delay or inability to meet the performance requirements 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 its control, shall constitute a waiver by the Contractor to exercise its excusable delay request.
(1) Following 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 monthly TO updates to the KO and COR beginning 30 days after the new or modified TO is issued. Updates shall include the status of the TO, the estimated time/date for services completion, and further substantiated actionable documentation that will provide the KO information to make an informed decision that 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 performance times will resume. |
| (d) If a delay situation arises after issuance of a TO having a combination of incinerable and non-incinerable wastes, the KO, COR, and Contractor will mutually agree upon how best to address the situation with subsequent TO issuances and perform a contract modification memorializing said agreement. |
8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING
8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT
a. The Contractor shall submit one invoicing packet, via email, for all line items listed on the Task Order (TO) upon completion of services.
b. PRIOR to submission of invoicing packet, the Contractor shall coordinate with the DLADS - COR to ensure:
(1) Return copies of all required documentation after services completion have been received by the COR.
(2) All modifications, changes, and/or updates have been completed and/or received by the USG.
c. An invoicing packet shall consist of:
(1) DLA Form 2505 Invoice (Attachment 6).
(a) Must be submitted using the Microsoft Excel file provided as part of this contract. Scanned copies or other formats are not acceptable and will result in rejection of the payment request.
(b) Must be in Line-Item order.
(c) Complete appropriate fields and columns 1 through 11 for the supplies or services provided per the instructions. (d) Must reflect all changes on MOD paperwork.
(2) Pick-up Report (DD Form 1155)
(a) A short-form Business Objects report may be used in lieu of the original Pick-up Report provided it includes the 1st and 2nd pages of the original DD form 1155.
(b) Must be in Line-Item order.
(c) All data fields must be completed, and all applicable signature fields signed.
(d) Must be legible and accurate.
(e) Signed copies of all modifications (if applicable).
(3) All return shipping documents (if applicable), must be complete, accurate and legible, and will include:
(a) Correct EPA ID number(s) for the Generator, and Transporter (or a Mock EPA ID number when no EPA ID number exists).
(b) The contract and task order number.
(c) Signatures and dates from the Generator or USG representative, the transporter, and the accepting facility.
d. The invoicing packet shall be submitted to dladispsvcsmanifesttracking@dla.mil using the following guidance:
(1) Subject line shall be formatted Contract Number/Task Order Number, Company Name (e.g., SP450017D0012/18F0012, Waste Pickup Co.).
(2) Attachments shall be named Contract Number/Task Order Number (e.g., SP450017D0012/18F0012).
(3) ONLY packets that exceed 10MB in size are authorized to be split into separate emails using the following guidance:
(a) Emails shall be numbered at the end of the subject line to identify a multiple email submission (e.g., SP450017D0012/18F0012, Waste Pickup Co. 1/3).
(b) Attachment names shall receive a lowercase letter as a suffix to identify a multiple attachment packet…
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