Attachment 2 - PWS Bavaria.pdf

Defense Logistics Agency Disposition Services Attachment 2 – Hazardous Waste Contract Performance Work Statement for Bavaria, Germany

Version Date: February 15, 2021

Table of Contents

1. PERFORMANCE WORK STATEMENT

1.1. PERFORMANCE PERIOD

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

1.3. WASTE REPORTING

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

1.5. INDEMNIFICATION

1.6. CONTRACT MINIMUM/MAXIMUM

1.7. MINIMUM TASK ORDER SERVICE CHARGE – CLIN N75000

1.8. HOLIDAYS AND HOURS OF OPERATION

1.9. CONTRACTOR PERSONNEL

1.10. CONTRACT RELATED DATA DISCLOSURE

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

2. REMOVAL PHASES

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.3. RESERVED

2.1.4. CONTRACT LINE-ITEM NUMBER DISCREPANCIES

2.1.5. NOTIFICATIONS

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

2.2. REMOVAL – CLINs N04000 to N39999

2.2.1. SPILL RESPONSIBILITY

2.2.2. SEGREGATION OF HAZARDOUS WASTE

2.2.3. STATEMENT ON CONTAINERS

2.2.4. UNITED STATES GOVERNMENT EQUIPMENT & PERSONNEL

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

2.2.6. LOADING

2.2.7. TRANSPORTATION

2.2.8. WEIGHING OF ITEMS

2.2.9. TASK ORDER ADJUSTMENTS

2.2.10. PHYSICAL STATE & WASTE TYPE DEFINITIONS

2.2.11. CONTAINERIZED WASTE PROCEDURES

2.2.12. BULK WASTE LIQUID PROCEDURES

2.2.13. BULKING & CONSOLIDATION

2.2.14. AQUEOUS FILM FORMING FOAM CONCENTRATES, RINSATES, AND

SOLIDS – CLINs N36010 to N36050

2.2.15. CHARGES FOR EXPEDITES - CLINs N63000 to N63999

2.3. POST REMOVAL

2.3.1. RETURN OF SHIPPING DOCUMENTATION

3. DISPOSAL/RECYCLING – CLINs N04000 to N35999 & N80000 to N80999

3.1. LAND DISPOSAL REQUIREMENTS

3.2. CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING – CLIN N66350

3.3. RECYCLING OR RECOVERY

3.3.1. COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

3.4. DEMILITARIZATION

3.4.1. OTHER MILITARY ITEMS

4. SPECIAL SERVICES

4.1. RESERVED

4.2. PERFORM ANALYSIS – CLINs N66000 to N66999

4.3. IDENTIFY UNKNOWN WASTE STREAMS & PREPARE WASTE PROFILE

SHEETS – CLINs N66000 & N66050

4.4. LAB PACKING SERVICES – CLIN N69100

4.5. TANK, WASH RACK & OIL WATER SEPARATOR CLEANING SERVICES-

CLINs N70100 to N70999

4.6. PROVIDE PACKAGING CONTAINERS / MATERIALS – CLINs N67000 to N68999

4.7. COMPRESSED GAS CYLINDERS & CARTRIDGES

4.8. RESERVED

5. ACCEPTABLE PERFORMANCE LEVELS

6. THE QUALIFIED FACILITIES & TRANSPORTERS LISTS

6.1. USE OF FACILITIES & TRANSPORTERS

6.2. FACILITY REMOVAL

6.3. TRANSPORTER REMOVAL

7. ADDITIONAL REQUIREMENTS

7.1. PACKAGING MARKING & LABELING

7.2. PLACES OF UNITED STATES GOVERNMENT INSPECTION

7.3. CONTRACTOR REPRESENTATIVE

7.4. INCIDENTAL FEES

7.5. CONTRACTOR ACCESS TO MILITARY INSTALLATIONS

7.6. SAFETY REQUIREMENTS

8. TIMEFRAMES FOR SERVICES

9. ACCEPTANCE & INVOICING DOCUMENTATION REQUIREMENTS

9.1. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

9.2. ACCEPTANCE & INVOICING

10. LIST OF CONTRACT ATTACHMENTS

11. ABBREVIATIONS, ACRONYMS AND TERMS

1. PERFORMANCE WORK STATEMENT

1.0.1. This contract covers the non-personal services for the removal and disposal/recycling of hazardous and regulated substances from military installations listed in Attachment 3 as well as United States (U.S.) military off-installation exercises in the Host Nation of Bavaria, Germany.

Also included in this contract are special services in support of the removal and disposal/recycling of hazardous and regulated substances. Infectious, controlled, explosive and radioactive wastes, or mixtures of such wastes with hazardous waste (HW), will not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

1.0.2. The removal, transportation, storage, characterization, treatment, disposal, and recycling or recovery of wastes offered under this contract are to be performed in accordance with Final Governing Standards (FGS) for the Host Nation or Overseas Environmental Baseline Guidance Document (OEBGD) if no FGS exist for the Host Nation. Additionally, the Contractor shall perform work under this contract in accordance with Host Nation law, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation, and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards, laws, regulations, and agreements apply to not only the country in which the waste is generated, treated, and disposed, but also to any transit countries through which the waste is transported. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract. The latest version of the OEBGD is available on the DoD Directives Website at http://www.esd.whs.mil/DD/) and the FGS available at the time of this PWS issuance for the Host Nation where services will be required for this contract are included as Attachment 4.

1.0.3. The Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, containers, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement (PWS). All Contractor personnel are required to have appropriate current and valid working permits and shall be qualified via training and experience, commensurate with the duties they will perform.

NOTE: The words container and drum are used interchangeably throughout the PWS.

1.0.4. The Contractor shall furnish any necessary or required material to protect the shipment during periods of inclement weather. This will ensure the safety of containers and hazardous material/waste that is packed in absorbent type containers.

1.0.5. The requirements in this PWS are not intended to contradict existing host country laws, regulations, decrees and orders or subsequent binding instructions from competent authorities. If the Contractor is aware of such a contradiction, the Contractor is responsible for identifying it to http://www.esd.whs.mil/DD/ the Contracting Officer (KO) by submitting a written request to waive the PWS requirement causing a contradiction. The waiver request must provide details on which law, regulation, decree, order, or binding instruction contradicts which particular section of the PWS. The KO will review the waiver request and determine if it is approved. The Contractor shall not commence performance under a waiver request until the KO has granted written approval of the waiver.

1.0.6. This contract is procured by the DLA Disposition Services in support of military installations. The term “military installations” as used within this PWS refers to either installations operated directly by U.S. military forces or installations operated by the military forces of U.S. allied partners. For this PWS, the term Installation Environmental Office (IEO) refers to the organization on each military installation that is responsible for environmental management. For U.S. military off-installation exercises, the term IEO refers an Environmental Officer or other representative responsible for environmental oversight of the exercise.

1.1. PERFORMANCE PERIOD

The contract includes a base period of 30 months, plus one option period of 30 months. The period of performance of this contract starts from the award/effective date of contract as reflected in block 3 of the SF1449 through 30 months and any further extensions to the contract performance period when exercised.

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

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

1.3. WASTE REPORTING

1.3.1. The waste reporting outlined in this section is an integral administrative requirement of this contract. The Contractor shall include within the Attachment 1 unit of measure pricing for disposal/recycling Contract Line-Item Numbers (CLINs) N04000 to N39999 & N80000 to N80999 the administrative costs of generating the reports outlined in this section. Separate CLINs do not exist for these reports and task orders will not be issued for these reports.

1.3.2. Disposal Manifest and Collective Disposal Manifest: At beginning of contract, prior to any HW removals, Contractor will provide the IEO the 5-year disposal manifest (Entsorgungsnachweis) for waste stream >20 tons per calendar year and collective disposal manifest (Sammelentsorgungsnachweis) for each waste streams <20 tons per calendar year which will be disposed of by U.S. Government installations. The Contractor shall prove the appropriate disposal of HW by using the disposal manifest (Entsorgungsnachweis, EN) or the collective disposal manifest (Sammelentsorgungsnachweis, SN) prior to disposal of HW for each waste type, comprising a completed cover sheet for records of proper waste management (Deckblatt Entsorgungsnachweis, DEN), declaration of the waste generator (Verantwortliche Erklärung, VE) that includes a declaration analysis of the waste (Deklarationsanalyse, DA), declaration of acceptance from the waste disposal facility (Annahmeerklärung, AE), and, if required, confirmation from the appropriate German authority responsible for certifying the disposal facility (Behördenbestätigung, BB). See FGS Section C6.2. and C6.3. for additional information.

1.3.3. European Waste Code and Treatment, Storage, Disposal and Recycling Facility Listing by Contract Line-Item Number: Within 14 calendar days after award, the Contractor shall email the COR and IEOs a spreadsheet listing the European Waste Code (EWC) and Treatment, Storage, Disposal and Recycling Facility (TSDRF) to be used for each disposal/recycling CLIN (i.e., CLINs N04000 to N39999 & N80000 to N80999). This spreadsheet must be updated and resubmitted to the COR and IEOs within five calendar days of a change in EWC or TSDRF for any disposal/recycling CLIN. The spreadsheet must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.3.4. Monthly Waste Report: The Contractor shall provide the IEO, COR and the KO monthly a report that summarizes all waste movements from the point of generation to the final TSDRF. The monthly report must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user. The report must be provided electronically no later than the 10th calendar day of the following month and must contain the following data fields in English for each Disposal Turn-In Document (DTID):

• DTID Number

• Removal Date

• Installation Name

• Pickup Point (Building Number and Organization)

• Delivery Order Number

• CLIN

• Waste Description (as per CLIN)

• European Waste Code

• Container Type

• Quantity of Containers

• Disposal/Recycle Weight in kilograms (kg)

• Disposal/Recycle Cost in contract currency

• Manifest Number

• European Council Directive 91/156/EEC Annex II Disposal Method

• Final TSDRF

• United Nations (UN) Number

• Proper Shipping Name

• Hazard Class

• Packing Group

• Tunnel Restriction Code

• Additional Information (as necessary)

1.3.5. Annual Waste Report: The Contractor shall provide an annual report in English summarizing all waste movements from point of generation to disposal facility. The report must indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report must be provided to the COR and IEO electronically no later than 31 January of each year, through the last task order issued under the contract. The annual report must include all data elements as identified in Section 1.3.3 above and must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.3.6. Manifest Tracking Log: The Contractor shall, within 90 calendar days of receipt of waste at TSDRF, complete Defense Logistics Agency (DLA) Form 2505 – Manifest Tracking Log (latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/), annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up (column 5) and the actual quantity disposal/recycled (column 13). The Contractor may use attachments to the form if necessary.

The Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

NOTE: All fields in report formats must be filled in English with reliable and accurate data.

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

The Contractor is required to conduct HW removals in and around the locations listed in Attachment 3. For each military installation listed, the primary HW removal site(s) is (are) listed. Pickups may also be required at other HW removal sites in and around the military installations listed in Attachment 3, and at HWAPs serviced under each site-specific WMS CLINs listed in section 4.9.3. to 4.9.7.

1.5. INDEMNIFICATION

1.5.1. Upon receipt, the Contractor assumes full accountability and physical custody.

1.5.2. The U.S. Government, its officials, agents, contractors, subcontractors, employees, and representatives will 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 subcontractors, in performing the work pursuant to this contract. In addition, the Contractor agrees to pay the U.S. all costs incurred by the U.S., 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 U.S. based on negligent or other wrongful acts or omissions https://www.dla.mil/Forms/ of the Contractor, its officers, directors, employees, agents, subcontractors, and any persons acting on its behalf or under its control, in performing the Work pursuant to this contract.

1.5.3. The Contractor also agrees to hold the U.S. Government harmless and indemnify the U.S.

Government 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 U.S.

Government 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.

1.5.4. The U.S. will 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 subcontractors will be considered an agent of the U.S.

1.5.5. The U.S. will give Contractor notice of any claim for which the U.S. plans to seek indemnification pursuant to this Section.

1.6. CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum for the base period of the contract will be the currency of Euro in the amount equal to $25,000.00 USD. The maximum will be 200% of the total estimated value of the contract.

1.7. MINIMUM TASK ORDER SERVICE CHARGE – CLIN N75000

Minimum Task Order Service Charge – CLIN N75000 will be ordered in conjunction with a task order that does not meet the task order minimum set in FAR 52.216-19 amendment of this contract. The unit price for CLIN N75000 is set by the U.S. Government at 1 Euro. The number of units ordered by CLIN N75000 will be calculated and rounded up to the nearest unit price as the difference of the actual task order and the task order minimum set in FAR 52.216-19 amendment of this contract.

1.8. HOLIDAYS AND HOURS OF OPERATION

1.8.1. The U.S. Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract will be performed, daily, during regular working hours (0730 through 1600 hours, but may vary by installation) Monday through Friday.

The specific date and time for off-site removal services, will be established by the COR, IEO and Contractor via an email pickup request (refer also to Section 2.1.5 – Notifications). The COR and IEO will meet the Contractor at the scheduled pickup site at the agreed upon time.

1.8.2. The services performed under this contract will not be performed during U.S. holidays and official national, state, or provincial public holidays in the Host Nation. The U.S. holidays are:

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*

*If this date falls on a Saturday, the preceding day (Friday) is the U.S. holiday. If this date falls on a Sunday, the following day (Monday) is the U.S. holiday.

1.9. CONTRACTOR PERSONNEL

1.9.1. The Contractor shall provide within 14 calendars of contract award 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.

1.9.2. 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 U.S. Government 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.

1.9.3. Contractor personnel must present a neat appearance and be easily recognized as Contractor employees. The Contractor shall require its Subcontractors to likewise comply with this requirement. Contractor and Subcontractor personnel shall have the ability to communicate (i.e., cellular telephones) with the DLA Disposition Services CORs, Contractor’s Contract Manager, and IEO when they are on-site, transporting HW, or in case of an emergency or fire at the HW pickup location.

1.9.4. 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.

1.10. CONTRACT RELATED DATA DISCLOSURE

The Contractor is required to keep all data, reports, or other information relating to the contract confidential. Release of all such information is conditioned on DLA Disposition Services providing approval in writing prior to release. The release of information will be limited to the extent that otherwise confidential information is already in the public domain by acts of other parties (Freedom of Information Act) or that the consultant or contractor is ordered by competent judicial or administrative authority to disclose the information. Disposition Services requires the contractor to be obligated to notify Disposition Services immediately upon receipt of such an order. Disposition Services requires that the contractor not share information related to the contract in any forum in a way that would create a conflict of interest with or otherwise adversely affect Disposition Services. Disposition Services reserves for its counsel the final determination regarding whether a conflict, potential conflict, or adverse effect exists.

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

Both DLA Disposition Services and each military installation where work will be performed under this contract have implemented an Environmental Management System (EMS) in accordance with (IAW) International Organization for Standardization 14001:2004(E) and Department of Defense (DoD) requirements. An EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities, and authorities. The DLA Disposition Services EMS program is explained in agency EMS Core Instruction (available at https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_0925201 5.pdf). Contractors and their personnel are required to be aware that each military installation has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. The Contractor may obtain documents explaining the local EMS for each military installation by contacting the COR.

2. REMOVAL PHASES

2.0.1. The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal, Removal, and Post-Removal.

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

2.1.1.1. The Contractor warrants that they have been duly authorized to operate and do business in the country or countries in which this contract is to be performed and that they shall fully comply with all laws, decrees, labor standards and regulations of the Host Nation and transit countries during the performance of this contract. The Contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs procedures in accordance with applicable laws, codes and FGS/OEBGD in connection with the execution of the work. This includes acquiring all required permits, registrations, authorizations, or notifications necessary to operate in any country or on any installations listed in this contract or intended to be used by the Contractor for transit or disposal. The Contractor’s and its Subcontractor personnel must be qualified and available to provide all the services specified in the PWS at contract award.

https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_09252015.pdf https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_09252015.pdf

2.1.1.2. The Contractor must supply personnel fully trained and capable of performing the work under this contract. Upon request to the KO, Contractor will provide training certificates for all employees, contractors and their employees. However, the Contractor may be required to attend any special required training, seminar, instruction, class, etc. provided by the U.S. Government or to provide information to perform work or gain access to the installation, for example: pass and identification (ID) requirements and antiterrorism training. The Contractor will not be paid by the U.S. Government for the time of its Contractor personnel attending such U.S. Government provided training or instruction. If additional requirements are necessary, they will be negotiated with the Contractor. The Contractor’s personnel and/or Subcontractor providing this service shall always wear an ID badge (required) while on the U.S. Government installation.

2.1.1.3. The Contractor agrees that his personnel and equipment will be subject to inspection while on U.S. Government controlled property.

2.1.1.4. The Contractor shall take such additional immediate precautions as the KO/COR or other U.S. Government personnel may reasonably require for safety and mishap prevention purposes. The KO/COR or other U.S. Government personnel have the right to halt all work if it is not being conducted in a safe manner.

2.1.1.5. The Contractor shall be responsible for all damages to persons or properties that occur due to fault or negligence.

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.2.1. The Contractor shall prepare, complete, and return signed copies of appropriate shipping documentation, as required by the host nation, transit nations or nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations. The Contractor shall prepare the appropriate shipping documents and notifications to applicable regulatory agencies (hereafter “notifications”) required to move and dispose of all waste listed in the contract. The Contractor shall prepare all notification documents and act as the “exporter” and “importer” of the waste. All documents will be prepared through the ZKS, the government's central coordinating body. The Contractor shall provide the ability for the COR to review, and for the Hazardous Waste Generator, or their assigned agents, to sign Electronic shipping documentation for hazardous waste identified for disposal on an issued task order by providing access to the electronic system via a portal solution such as NSUITE. All Generators are currently using NSUITE to access ZKS/EANV. The Contractor will have all documents in NSUITE for Garrison signature at least 3 business days in advance of removal for IEO signature.

If a Generator uses an alternate system to access ZKS/EANV, the Contractor will be notified of alternate system so they may get access in order for IEO to sign documents electronically.

2.1.2.2. Any transportation and Host Nation documentation requirements established by the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), the International Maritime Dangerous Goods (IMDG) Code or the European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID) must be provided to the COR and IEO prior to removal. The Contractor shall prepare, complete, and provide copies of the appropriate proposed shipping documentation to the COR and IEO five calendar days prior to the removal of the waste from the installation.

2.1.2.3. All HW leaving the installation must be accompanied by a serial numbered manifest/shipping documentation that includes all information required by FGS/OEBGD to ensure a complete audit trail from point of origin to ultimate disposal.

2.1.2.4. Host Nation or international form(s) are required.

2.1.2.5. The COR will endeavor to notify the Contractor of any COR requested corrections to the shipping documents before pickup, if possible. Removal may be halted by the COR until the required documentation is provided or the COR may allow the removal to continue depending on the severity of the errors.

2.1.2.6. Any waste scheduled to be removed from the installation that continues to not have the proper documentation will be shipped later when the proper documents are provided. The Contractor shall bear all costs because of such a delayed shipment.

2.1.2.7. Copies of outgoing shipping documentation must be furnished to the COR, IEO, and any other related parties at time of shipment. The Contractor shall provide to the COR returned signed copies of appropriate shipping documents as required by the Host Nation and/or any other applicable national or international environmental laws and regulations.

2.1.2.8. The IEO has the authority, prior to shipment, to decline the signing of any appropriate shipping documents for waste loads that are not in conformance with transportation, safety, or environmental regulations.

2.1.2.9. The Contractor shall upon request furnish a translated copy of shipping papers in English.

2.1.3. RESERVED

2.1.4. CONTRACT LINE-ITEM NUMBER DISCREPANCIES

2.1.4.1. Contract Line-Item Number discrepancies noted on a task order during a pre-removal inspection and/or during removal by the Contractor must be addressed immediately via the COR and IEO. If the COR and the IEO concur with the CLIN change request, a task order Modification will be issued.

2.1.4.2. The U.S. Government may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting task order lines, extending task order 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 task order 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 task orders. No changes are made to the terms and conditions of the contract.

2.1.4.3. If the Contractor asserts that an inappropriate CLIN has been assigned, that no existing contract CLIN is appropriate, and a new CLIN needs to be added to the contract, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 calendar days from the TSDRF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDRF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDRF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the U.S. Government’s final determination.

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

2.1.5. NOTIFICATIONS

2.1.5.1. Except as otherwise specified herein and if required, the Contractor shall notify the COR and IEO, at least five business days BEFORE attempting site visits for providing services or removal efforts.

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

2.1.5.3. For task orders containing expedited removal or performance CLINs, the Contractor shall notify the COR and IEO for each location in the following timeframes BEFORE attempting site visits for any reason:

CLINs Description Notification Required

N63350, N63450 1-Day Expedite 4 Hours Prior to Performance

N63340, N63440 3-Day Expedite 1 Business Day Prior to Performance

N63330, N63430 5-Day Expedite 2 Business Days Prior to Performance

N63320, N63420 7-Day Expedite 4 Business Days Prior to Performance

N63310, N63410 10-Day Expedite 5 Business Days Prior to Performance

See Section 2.2.15 – Charges for Expedites, for additional information on expedite services CLINs.

NOTE: If the Contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated in the contract will apply to any of the expedited removals or performance CLINs.

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

2.1.6.1. All Contractor trailers utilized for HW pickup will be secured when unattended. Failure to meet this requirement may result in the U.S. Government’s halting of the pickup.

2.1.6.2. The U.S. Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The U.S. 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 U.S. Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for U.S.

Government reimbursement to the Contractor.

2.1.6.3. The U.S. Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance, if Contractor trailers are not secured when unattended and/or Contractor personnel refuse to cooperate with any requests for additional ID and/or professional endorsements.

2.2. REMOVAL – CLINs N04000 to N39999

2.2.0. DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) will be completed for all items ordered or services performed on a task order, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service, the Contractor shall complete the applicable fill-ins on the DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes.

These quantities so annotated will be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the COR’s signature on the 1155 and the IEO’s signature on the shipping documents to confirm the type of wastes and quantities removed, and to verify the removal services. If COR isn’t physically at removal, signed 1155 will be provided to contractor once COR confirms with IEO items that have been removed, and any applicable task order modifications. No payment for removal of waste or any other requested service will be paid without the certified form.

2.2.1. SPILL RESPONSIBILITY

2.2.1.1. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit(s) on-site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur because of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the U.S. Government and at no additional cost to the U.S. Government. The Contractor shall clean up spills and releases to the satisfaction of the COR and IEO to ensure compliance with all applicable laws and regulations. Contractor shall dispose of all spill residues and debris at no additional cost to the U.S. Government and must be removed off-site within 72-hours of the cleanup. The Contractor shall prepare a separate manifest for the spill cleanup removals and provide completed copies of the manifests to the COR and IEO.

2.2.1.2. The Contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment, and disposal of waste under this contract. This plan must be used in conjunction with the Installation Spill Notification Procedures. At certain HW locations on military installations, such as Hazardous Waste Storage Areas, site-specific spill contingency plans may already exist. The Contractor shall comply with the requirements of existing site-specific spill contingency plans and shall contact the COR and IEO for site-specific spill contingency plans.

2.2.1.3. The Contractor shall immediately notify via telephone the COR and IEO of any spills or releases resulting from the performance of this contract. For spills or releases occurring on U.S.

Government controlled property, the Contractor shall follow installation spill notification procedures. For spills or releases occurring off U.S. Government controlled property, the Contractor shall follow host-nation spill notification procedures. Regardless of whether the spill occurs on or off U.S. Government controlled property, the Contractor shall provide a written report to the COR and IEO no later than 24 hours after the spill or release.

2.2.1.4. At a minimum, the immediate notification via telephone to the COR, and IEO must include:

• Description of material spilled (including identity and estimated quantity)

• Date, time, and location of spill

• Anticipated cleanup and disposal procedures

2.2.1.5. At a minimum, the written report to the COR and IEO must include:

• Description of material spilled (including identity, quantity, manifest number, etc.)

• Exact date, time, and location of spill including type of area contaminated (e.g., cement, soil, floor, drain, etc.)

• Persons present at the time of the spill

• Photographs of the spill (if allowed to take photographs at spill location)

• Cleanup and disposal procedures completed, and the time/date performed

• Disposal location of spill residues and debris

• Outside assistance obtained (if any)

• Personal injury involved

• Names and telephone numbers of all U.S. Government officials contacted (for all spills) and Host Nation officials contacted (if any, for spills off U.S. Government controlled property)

2.2.2. SEGREGATION OF HAZARDOUS WASTE

2.2.2.1. Commingling or consolidation of HW: Any commingling or consolidation of U.S.

Government waste with non-U.S. Government waste by the Contractor or third parties will result in the indemnification of the U.S. Government concerning all claims that result from such commingling or consolidation. Compensation to the Contractor will be limited to the CLINs ordered and removed on the DD Form 1155 – Order for Supplies or Services, prior to the commingling or consolidation.

2.2.2.2. When CLIN N69000 is ordered, the Contractor shall segregate, sort, package, re-containerize, identify shipping name, and label waste containers for assorted HW that has accumulated in an area other than a Hazardous Waste Accumulation Point (HWAP) or requires repackaging to meet transportation requirements (see Section 2.2.7.4). The Contractor shall provide an itemized inventory of these wastes including:

• International waste nomenclature

• EWC

• Hazard class

• Weight of each item in kg

• Number and size of containers

2.2.2.3. The services will be ordered according to the estimated weight of the items to be segregated and packaged and will be priced per kilogram. The CLIN unit price will include the cost of containers required, but it will not include the cost of disposal.

2.2.3. STATEMENT ON CONTAINERS

2.2.3.1. The Contractor shall provide, place, and remove HW containers, when required under this contract, for the collection and/or transportation of waste and they must be UN approved, clean, free of residue and graffiti, and only labeled with markings that identify the current waste.

The containers must have a current inspection/certification and be capable of being operated as intended (i.e., lids must close tightly and prevent the intrusion of rainwater, safety hooks to hold lids open must be in place and operational, containers must be able to be locked, etc.).

Containers greater than 1.1 cubic meter must be weighed each time before they are placed into service. The container must be labeled with the date weighed as well as the actual weight.

Containers must be unmarked, structurally sound and containing no free-standing residue(s).

NOTE: CLINs N67000 to N68999 are only for the supply of containers when purchased/rented by the U.S. Government. Containers purchased under these CLINs are solely for discretionary use by the U.S. Government and must not be used for services where Contractor-provided containers are required under waste management services. See Section 2.2.3.2 below for additional information on Contractor provided containers.

2.2.3.2. All Contractor provided containers must be labeled by the Contractor. The labels must be resistant to fading from moisture and sunlight. All containers holding must be labeled in accordance with installation hazardous waste management plans. At a minimum, a container holding HW will be marked with a HW marking and a label indicating the hazard class of the waste contained (flammable, corrosive, etc.).

NOTE: CLIN N69200 is for the supply of labels when purchased by the U.S. Government.

Labels purchased under this CLIN are solely for discretionary use by the U.S. Government and must not be used for services where Contractor provided labels are required under waste management services.

2.2.3.3. U.S. Government owned containers will not be reused by the Contractor until all markings indicating U.S. Government ownership have been removed. If compressed gas cylinders are not destroyed in the treatment process, they must be rendered to scrap and unable to hold a positive pressure.

2.2.3.4. The Contractor shall be required to provide all the containers at the Hazardous Waste Storage Areas (HWSA) and the HWAPs as required under the Waste Management Service CLINs in section 4.9. The Contractor shall ensure that sufficient quantity and type of containers are maintained for proper execution of those Waste Management Service CLINs. Additional containers may be required to be maintained at each WMS location as outlined in section 4.9.3 through 4.9.7.

2.2.3.5. The Contractor is responsible for preparing all containers, including Intermediate Bulk Containers (IBCs) for transportation to a recycling/disposal facility in accordance with applicable transportation laws and regulations, and in accordance with recycling/disposal facility requirements. The Contractor shall ensure all containers are properly marked, labeled, and packaged as required by applicable regulations prior to any transportation. If items must be repackaged for proper shipment, the Contractor shall perform such repackaging and furnish all required materials.

2.2.3.6. The Contractor shall include within the Attachment 1 unit of measure pricing for disposal/recycling (CLINs N04000 to N35999 & N80000 to N80999) the cost of providing containers and preparing them for transport. For example, if the Government orders 100 kg of any given disposal/recycling CLIN, the Contractor shall ensure the unit pricing provided for Attachment 1 includes the cost of a providing a container appropriate for holding the waste and preparing it for transport. The Government will strive in general to order disposal/recycling CLINs in quantities that would result in full containers. However, there will be instances when the Government will order disposal/recycling CLINs in quantities that may result in containers that are not full, and the Contractor shall ensure to submit unit pricing for Attachment 1 considering that this will occasionally occur.

2.2.3.7. If the Contractor determines that for certain high-volume waste streams it is more cost-efficient to utilize bulk waste containers for collection and/or transport, the Contractor shall submit a request to the COR and IEO. If the request to utilize bulk waste containers is approved for a given waste steam, it is understood that the request is for the convenience of the Contractor and that the Contractor is responsible for all costs (rental, purchase, etc.) associated with providing the bulk waste containers.

2.2.4. UNITED STATES GOVERNMENT EQUIPMENT & PERSONNEL

2.2.4.1. With few exceptions, the U.S. Government will not furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of U.S. Government-owned loading equipment (Section 2.2.6 - Loading), U.S. Government-owned scales (Section

2.2.8 – Weighing of Items), and a U.S. Government-owned drum crusher/barrel compactor (Section 4.9.7. – Waste Management Services - Hohenfels, Germany). However, in all cases, usage of such equipment is only permitted when authorized by the COR or the IEO and only if such equipment is available for use. As a result, the Contractor is highly encouraged to supply their own equipment whenever possible, as lack of availability of U.S. Government-owned equipment will not be considered grounds for a subsequent request for equitable adjustment.

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

The Contractor shall NOT undertake treatment of HW on a military installation. Treatment includes, but is not limited to, the dilution of waste to make it less harmful, chemically changing the pH, and mechanically crushing/compacting waste (including metal or plastic containers and fluorescent lamps). Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.

2.2.6. LOADING

2.2.6.1. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered MHE (i.e., forklift or equivalent) with specifications that meet the applicable requirements to load individual containers or pallets into cargo trucks. The U.S.

Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

2.2.6.2. The U.S. Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate equipment is available and trained U.S.

Government personnel are available to assist. If the offer is accepted by the Contractor, the U.S.

Government will make the initial placement or “tailgate” the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the U.S. Government.

2.2.6.3. It is the U.S. Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this PWS as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject task order to gain access to the waste that is scheduled for removal.

2.2.6.4. The U.S. Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level.

2.2.7. TRANSPORTATION

2.2.7.1. The Contractor shall transport waste in accordance with all applicable transit rates and Host Nation and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods will be transported in UN-specification containers where required.

The Contractor is responsible for ensuring that all hazardous property leaving a U.S. facility is accompanied by a manifest to ensure a complete audit trail from point of origin to ultimate disposal. The Contractor shall purchase and prepare all manifests for waste movement. The standards set forth in the ADR, IMDG Code, and RID and other applicable regulations will be utilized by the Contractor for all shipments.

2.2.7.2. The Contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, RID, Host Nation, EU, and international transportation regulations.

2.2.7.3. All vehicles must be equipped with the appropriate emergency equipment and the drivers must have the proper training and instructions for transporting hazardous property and reporting spills as required by ADR, IMDG, RID, Host Nation, EU, and international transportation regulations.

2.2.7.4. The U.S. Government will place the waste into appropriate containers provided by the Contractor. The Contractor will not be required to remove and transport HW which is clearly unfit for transport. If repackaging is required, the Contractor shall provide these services;

however, this will be considered the exception rather than the rule. The Contractor should be prepared for some minor repackaging – not to exceed 5% of the total quantity of containers to be removed (i.e., the intent of this clause is not to require the Contractor to provide repacking containers for every drum to be shipped but require the Contractor to be prepared to provide a few containers, or to keep a minor inventory of over pack containers on site). This clause does not pertain to any containers that the Contractor elects to repackage solely for convenience. If the Contractor believes that repackaging is required at any time, the Contractor shall provide to the COR and IEO evidence and justification for repackaging. If the U.S. Government concurs with the evidence and justification for repackaging provided by the Contractor, CLIN N69000 will be ordered based on the weight of the container requiring repackaging.

2.2.7.5. The Contractor is solely responsible for researching, arranging, and making any necessary contacts to verify all transportation methods and routes proposed and shall perform the necessary notifications and obtain any required approvals. The U.S. Government will not be liable for any additional costs/fines incurred because of delays caused by transportation shipping companies.

2.2.8. WEIGHING OF ITEMS

2.2.8.1. The Contractor shall be responsible for providing at the pickup location all scales necessary to weigh containerized wastes and IBCs. The Contractor may utilize pallet-jack scales, fork-lift scales, tailgate lift scales or floor scales to weigh containers if the scale utilized is capable of weighing to the nearest kilogram and is properly maintained and calibrated IAW with manufacturer guidelines, industry standards and applicable regulations. For bulk wastes, the Contractor shall utilize either U.S. Government owned and maintained truck scales (weighbridges) or offsite commercial truck scales (weighbridges) that are operable and accurate through certification or demonstration. The use of commercial truck scales (weighbridges) is not authorized for containerized items and IBCs.

2.2.8.2. At certain locations listed in the table below, U.S. Government-owned scales may be used. However, when U.S.