Attachment 2 PWS.pdf

Attachment 2 SP4500-20-R-0013 Page 1 of 37

0. PERFORMANCE WORK STATEMENT

1. REMOVAL

1.1. PRE-REMOVAL

1.1.1. PERMITS

1.1.2. SHIPPING DOCUMENTATION

1.1.3. NOTIFICATIONS

1.1.4. TRAILER SECURITY, PADLOCKS

1.1.5. HOURS OF OPERATION

1.1.6. PUBLIC AFFAIRS COORDINATION

1.1.7. ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.8. DRUMS AND REMOVAL

1.2. REMOVAL

1.2.1. SPILL RESPONSIBILITY

1.2.2. SEGREGATION OF HAZARDOUS WASTE

1.2.3. STATEMENT ON CONTAINERS

1.2.4. U.S. GOVERNMENT EQUIPMENT AND PERSONNEL

1.2.5. TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT FACILITY

1.2.6. LOADING/TRANSPORTATION

1.2.7. WEIGHING OF ITEMS

1.2.8. BULK LIQUID PUMPING

1.2.9. CHARGES FOR EXPEDITES

1.3. POST REMOVAL

1.3.1. RETURN OF SHIPPING DOCUMENTATION

2. DISPOSAL/RECYCLING

2.1. STORAGE RESTRICTIONS

2.1.1. CERTIFICATES OF DISPOSAL, DESTRUCTION, AND RECYCLING

2.1.2. DETAILED ANALYSIS

2.2. DEMILITARIZATION

3. SPECIAL SERVICES

3.1. PERFORM ANALYSIS

3.2. PREPARE HAZARDOUS WASTE PROFILE SHEET

3.3. IDENTIFY UNKNOWN WASTE STREAMS AND PREPARE HAZARDOUS WASTE PROFILE SHEETS

3.4. LAB PACKING SERVICES

3.5. MANAGEMENT SERVICES

3.6. TANK AND OWS CLEANING

3.7. CONTRACTOR PURCHASED CONTAINERS

4. ACCEPTABLE PERFORMANCE LEVELS

5. USE OF FACILITIES AND TRANSPORTERS

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5.1. QUALIFIED FACILITIES

5.2. QUALIFIED TRANSPORTERS

5.3. ADDITIONAL TSDFS AND TRANSPORTERS

5.4. USE OF TRANSPORTERS AND TREATMENT, STORAGE, DISPOSAL AND RECYCLING (TSDR) FACILITIES

5.5. TREATMENT, STORAGE, DISPOSAL AND RECYCLING (TSDR) FACILITIES

6. ADDITIONAL REQUIREMENTS

6.1. INDEMNIFICATION

6.2. PACKING, MARKING AND LABELING

6.3. PLACES OF U.S. GOVERNMENT INSPECTION

6.4. CONTRACTOR REPRESENTATIVE

6.5. INCIDENTAL FEES

6.6. MANPOWER REPORTING REQUIREMENTS

6.7. PASSES FOR ENTRY INTO MILITARY PREMISES

6.8. SAFETY REQUIREMENTS

7. PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8. DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

8.1. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.1.1. ACCEPTANCE AND INVOICING

8.2. REMEDIES FOR NON-COMPLIANCE

8.3. CONTRACT MINIMUM/MAXIMUM

8.4. PARTIAL PAYMENTS UPON FINAL DISPOSAL

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0. PERFORMANCE WORK STATEMENT

a. This contract covers the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from U.S. military installations in the Netherlands, Belgium, Bremerhaven, Dülmen, Germany.

Additional services include: expedited removals, Waste Management Services (WMS), Receiving Services, laboratory analysis, preparation of DD Form 1348-1– Issue Release/Receipt Document CLIN N66300 (latest version available on the Defense Logistics Agency (DLA) Official Forms website at https://www.dla.mil/Forms/), sampling & analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services and removal of appliances containing ozone depleting substances from some locations outside the military installations. Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste, shall not be included under this contract. Waste disposed under this contract may possibly be contaminated with one or more substances not specifically identified.

b. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with Final Government Standards (FGS) for the Host Nation or Overseas Environmental Baseline Guidance Document (OEBGD) if no FGS exist for the Host Nation, Host Nation law and to include the Dutch, Belgian, German Laws, the laws of nations thru which waste may be transited or disposed (if different from the host nation), European Union (EU) and international environmental, safety and health laws and regulations; international agreements and relevant host nation, transit nation, disposal nation, and European Union laws, regulations 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 standard laws, regulations, agreements apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. 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.

c. Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement.

d. The contract includes a base period of 30-month, plus one option period of 30-months. See FAR 52.217-8 and 52.217-9 for more information about contract extensions.

Base Period June 01, 2020 through December 01, 2022

Option Period: December 2, 2022 through June 01, 2025

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

e. Place of Performance

1. Services under this contract shall be performed within U.S. military installations in the Netherlands.

Information for each location is as follows:

a. USAG Benelux Brunssum

b. USAG Benelux Schinnen

c. USAG Benelux APS Eygelshoven,

d. Additional Sites

2. Services under this contract shall be performed within U.S. military installations in Germany. Information for each location is as follows:

https://www.dla.mil/Forms/

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a. USAG Benelux Dülmen – Tuzzostrasse 1, DE 48249 Dülmen

b. Bremerhaven - Wezerportstrasse 5, DE 27580 Bremerhaven

3. Services under this contract shall be performed within U.S. military installations in Belgium. Information for each location is as follows:

a. USAG Benelux Belgium, Chievres Air Base – Rue 7eme wing 1, BE 7950 Chievres

b. USAG Benelux Brussels – Leuvensesteenweg 13, BE 1932 St.Steven-Woluwe

c. Sterrebeek Annex – J.K.Kennedylaan 1, BE 1399 Zaventem

d. APS Zutendaal – Leutsestraat 31, BE 3690 Zutendaal

e. Additional sites can be added when required

1. REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal, Removal and Post-Removal. The Contractor and his Sub-contractor shall perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Sub-contractor involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) shall be provided by the Contractor, unless otherwise stated, and shall be appropriate to ensure safe handling of the hazardous waste. When operating in a facility identified for service under this contract, the Contractor is required to provide forklifts with specifications that meet the applicable permit requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by U.S. Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 PERMITS

a. 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 Netherlands, Belgium, Germany and any 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 documents, and complying with the terms thereof and all applicable laws, codes, and regulations 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 Sub-Contractor personnel must be qualified and available to provide all the services specified in this Performance Work Statement PWS at contract award.

b. The Contractor must supply personnel fully trained and capable of performing the work under this contract.

However, the Contractor may be required to attend any special required training, seminar, instruction, class, etc.

provided by the Government. The Contractor will not be paid by the Government for the time of its Contractor personnel attending such Government provided training or instruction. The Contractor will be expected to provide information to perform work or gain access to the installation, for example: pass and ID requirements and antiterrorist

Attachment 2 SP4500-20-R-0013 Page 5 of 37 training. If additional requirements are necessary, they shall be negotiated with the Contractor.

c. The Contractor agrees that his personnel and equipment shall be subject to inspection while on U.S.

Government controlled property.

d. The Contractor shall take such additional immediate precautions as the Contracting Officer (CO) or designated representative may reasonably require for safety and mishap prevention purposes. The CO/Contracting Officer Representative (COR)/Contracting Officer Technical Representative (COTR) have the right to halt all work if it is not being conducted in a safe manner.

e. The Contractor shall be responsible for all damages to persons, materials or properties that occur due to its fault or negligence.

1.1.2 SHIPPING DOCUMENTATION

a. The Contractor shall prepare, complete and return signed copies of appropriate shipping papers, as required by the host nation, transit nation or nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations.

b. The Contractor shall prepare, complete, and provide copies of the appropriate shipping papers to the COR and designated, installation representative at least 5 days prior to the removal of the waste from the installation.

c. All hazardous waste leaving the installation shall be accompanied by a serial numbered manifest/shipping paper to ensure a complete audit trail from point of origin to ultimate disposal.

d. Host nation or international form(s) are required.

e. The COR shall endeavor to notify the Contractor of any COR requested corrections to the shipping paper 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.

f. Any waste removed from the installation that continues to not have the proper documentation shall be shipped at a later date when the proper documents are provided. The Contractor shall bear all costs as a result of such a delayed shipment.

g. Copies of outgoing shipping papers shall be furnished to the COR, the designated installation representative and any other related parties at time of shipment. The Contractor shall provide to the COR returned signed copies of shipping papers as required by the host nation and/or any other applicable national or international environmental laws and regulations.

h. The Government COR and installation representative has the authority, prior to shipment, to decline the signing of any shipping papers for waste loads which are not in conformance with transportation, safety or environmental regulations.

i. Trans Boundary Shipping Documents:

1. 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.

Photocopies of the application for notifications shall be provided to the COR.

2. Once the Contractor has received approved notifications from the competent authority, the Contractor shall also provide the COR photocopies of the completed approved notification. After waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed approved and dated

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Basel Trans boundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 60 days following acceptance of the waste by the Transportation, Storage, Disposal or Recycling Facility (TSDRF).

3. Photocopies of all completed shipping documents shall be forwarded with each invoice submitted by the Contractor, to include the Basel document showing acceptance of the waste at the TSDRF. Submissions of these documents shall reference the applicable contract and delivery order number. The Contractor shall ensure that there is no break in Basel coverage with regards to any hazardous waste removed from any installation.

4. Upon contract award and four months prior to the expiration of annual notifications the Contractor shall provide bi-weekly reports to the CO outlining the step at which the Contractor is at in obtaining follow-on notifications to ensure there is no lapse in service.

j. Waste Identification: When Hazardous Waste Profiles Sheets (HWPS) are created for installations under this contract. The Contractor is required to prepare an electronic DLA Form 2511 – Hazardous Waste Profile Sheet (latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/).

k. Misidentified Items:

1. In case the U.S. Government/Contractor/other related parties misidentifies a waste description on a delivery order, the Contractor has the responsibility to inform the COR and designated installation Government representative as soon as the Contractor becomes aware of the misidentification.

2. The Contractor shall notify the COR and designated generator Government representative prior to removal or within 3 work days of the removal and prior to disposal.

3. In the event the Contractor believes the Government misidentified a particular hazardous waste, the Contractor shall demonstrate through lab analysis and/other supporting documentation that the U.S.

Government/Contractor/Other related parties has misidentified a waste. The waste shall not be treated or disposed of until the U.S. Government/Contractor/Other related parties has made a determination on the matter. Once a determination has been made and the hazardous waste found to be misidentified, the Contractor shall be paid the analysis and disposal price in accordance with the contract price of the actual waste removed/sampled. If the hazardous waste is found to be correctly identified, Contractor shall incur price of analysis.

1.1.3 NOTIFICATIONS

Except as otherwise specified herein and if required, the Contractor shall notify the COR and the generator or other installation Government representative for each location, at least 2 working days BEFORE attempting site visits, analysis or pickups.

a. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number or photo identification and its expiration date to the COR/COTR or other Government representative at least 48 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR/COTR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 48-hour notification requirement is moot for the remainder of the contract unless otherwise modified, unless a driver not on the list is intended for use by the Contractor, in which case the 48-hour notice and information is required.

b. The Contractor shall provide a list of packing and disposal requirements of the disposal facilities it intends to use for the hazardous waste removed for the Government installations. Changes or modifications to those requirements

Attachment 2 SP4500-20-R-0013 Page 7 of 37 shall be immediately forwarded to the COR and the designated installation Government representative

c. 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).

d. For Task/delivery orders containing Expedited Removals, Services or Performance Contract Line Item Numbers (CLINs) the Contractor shall notify the COR/COTR and Government representative for each location, at least 2 working days BEFORE attempting site visits, analysis or pickups. In addition, the Contractor is still required to provide the information identified in paragraph 1.1.3 a. above, under Notifications, at least 48-hours prior to removal. If applicable, where removals are ordered under either the 1) less than 48-hours or two business days or the 2) five business day expedited CLINs, the Contractor shall provide the information identified in paragraph 1.1.3 a. above, under Notifications, at least eight hours prior to pick up. However, 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 elsewhere within this clause apply to any of the aforementioned Expedited Removals, Services or Performance CLINS.

e. Waste Report:

1. The Contractor shall provide the Environmental Division (ENVD), COR and the KO a monthly basis report that summarizes hazardous waste/material movements from the point of generation to the final TSDRF. The Monthly Waste Report shall 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 shall be provided electronically latest by the 10th day of the following month. An example of the report to be used or the information required in a Contractor-generated report is located in Attachment 8.

2. When CLIN N66500 is ordered the Contractor shall provide an annual report in English summarizing hazardous/special waste movements from point of generation to disposal facility. The report shall 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 shall be provided to the COR electronically no later than 15 January of each year, through the last delivery order issued under the contract.

3. Manifest Tracking Log: The Contractor shall complete 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 completely filled in, reliable and accurate.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All Contractor trailers utilized for hazardous waste pickup shall be padlocked upon arrival at the pickup location.

Failure to meet this requirement may result in the U.S. Government’s halting of the pickup. All trailers capable of being padlocked shall also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other U.S. Government representative(s).

b. The COR or other U.S. Government representatives have the right to request any identification and/or occupational endorsements from the driver and, refuse commencement and/or completion of pickups if any unusual or

Attachment 2 SP4500-20-R-0013 Page 8 of 37 suspicious actions occur. The Contractor shall assert no claim against the Government for any costs or demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups shall not be grounds for reimbursement by the U.S. Government.

c. 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 has a trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or Contractor personnel refuses to cooperate with any requests for additional identification and/or professional endorsements.

1.1.5 HOURS OF OPERATION

The Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract shall be performed during regular working hours (0800 through 1600 hours) Monday through Friday (Netherlands) and Monday thru Friday (Belgium), and on local national and American holidays (only with prior COR approval/Contractor concurrence). The specific date and time for off-site removal services, shall be established by the COR and the Contractor via email or a facsimile pickup request which shall constitute a call against a Task Order (refer to paragraph 1.1.3, NOTIFICATIONS). The COR shall forward the pickup request information to the generator. The COR shall meet the Contractor at the scheduled pickup site at time agreed upon by the Contractor and COR. This date/time shall be agreed upon at least 2 work days prior to the date scheduled.

The U.S. holidays are:

1st of January* 3rd Monday in January 3rd Monday in February Last Monday in May 4th of July* 1st Monday in September 2nd Monday in October 11th of November* 4th Thursday in November 25th of December*

*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.

*The services performed under this contract shall not be performed during official, local or national holidays.

1.1.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (CO). Under no circumstances shall any statement be released to the news media, or any other outside source, directly by the Contractor, employee of the Contractor, or any Sub-Contractor employees.

1.1.7 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services (DLA-DS) implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA-DS appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA-DS 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 while supporting the DLA Disposition Services mission. The DLA-DS EMS program is explained in agency Environmental Management System (EMS) Core Instruction available at:

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

Attachment 2 SP4500-20-R-0013 Page 9 of 37 supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA-DS tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA-DS appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation.

Each DLA-DS appropriate facility maintains EMS awareness posters that identify the DLA-DS Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program.

Contractors may request current copies of EMS information identified in this section by contacting the COR and IEO.

1.1.8 DRUMS AND REMOVAL

a. The Contractor shall provide, supply, place and remove hazardous waste containers, when and as required for the performance of work under this contract, for the collection and/or transportation of waste. Contractor provided containers shall be UN approved, clean, free of residue and graffiti, and only labeled with markings that identify the current waste. The containers shall have a current inspection/certification and be capable of being operated as intended (i.e. lids shall close tightly and prevent the intrusion of rainwater, safety hooks to hold lids open shall be in place and operational, containers shall be able to be locked, etc.).

b. Containers must be weighed at the placement site using the Contractor’s scales or government scales. If no government scales are available and the container is too large for Contractor scales, the container will be weighed with the COR present or copies of the applicable weight tickets shall be provided within 2 days of weighing. The container must be labeled with the date weighed as well as the actual weight. Containers of a 1.1.cm size or smaller must be weighed at the location they will be placed. Containers greater than 1.1 cubic meter (CBM) shall be weighed each time before they are placed into service. The container shall be labeled with the date weighed as well as the actual weight.

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

Note:* The words container and drum are used interchangeably throughout the contract. CLINs N67000 to N68300 pertain to the Government purchase/order of containers for use by the Government; not for use by the Contractor as Government provided material or supplies. Containers purchased under these CLINs are solely for discretionary use by the Government and shall not be used for services where Contractor provided containers are required under waste management services.

c. In addition to the requirements stated above, all containers shall be labeled by the Contractor in accordance with the following. The labels shall be resistant to fading from moisture and sunlight. All containers of hazardous waste shall be labeled in English and Host Nation Language, with the following words ”hazardous waste”, and hazard warnings;

the internationally recognized name of the substance; the European Waste Code (which shall be provided by the EMO), the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN number and hazard class number; the name, address and telephone number of the Contractor; the generator identification (ID) number; the Environmental Office point of contact; the name, address and telephone number of the generator, the fire and emergency services telephone numbers for the installation, all precautionary and health (P & H) phrases (in accordance w/ Global Harmonization System (GHS) and that are applicable to the waste in the container and the CLIN number. There shall be no other labels, signs or symbols incorporated onto the hazardous waste label. Also, the hazard symbol for the associated P & H phrases shall be affixed to the containers.

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NOTE:* CLIN N69200 pertains to the Government purchase/order of labels for use by the Government; not for use by the Contractor as Government provided material or supplies.

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

d. When determined to be in the Government’s interest, Government Owned Containers may be used for disposal of waste when they are provided by a Government representative for that purpose. The provision of Government containers should not be expected or relied upon by the Contractor. Government provided IBC, Bulk and Special Containers require COR approval prior to disposal. All Government provided containers shall have markings indicating U.S. Government ownership removed by the Contractor prior to release. If compressed gas cylinders are not destroyed in the treatment process, the Contractor shall ensure the gas cylinder is rendered to scrap and unable to hold a positive pressure.

e. Notwithstanding the infrequent use of Government provided containers described above, the Contractor is required to provide all the containers for operation of this contract. All location identified in 0. e. require Contractor provided containers. The Contractor shall insure that sufficient quantity and type of containers are maintained for proper execution of the contract.

f. The Contractor’s provision of containers shall be evaluated and documented under 4 of the Acceptable Performance Levels (APLs) of this contract.

1.2 REMOVAL

DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) shall be completed for all items ordered or services performed on a TO, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service, the Contractor shall complete the applicable fill-ins on the DD Form 1155 – 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 shall be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the IEO’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste or any other requested service shall be paid without the certified form.

1.2.1 SPILL RESPONSIBILITY

a. As between the U.S. Government and Contractor, financial and legal liability as a result of a spill or release of hazardous material/waste occurring during the Contractor’s performance of the contract, whether attributable to an over act, of failure to act, of the contract or any other reason, rests solely with the Contractor.

b. The Contractor shall clean up spills and releases to the satisfaction of the COR/COTR, U.S. Government representative and EMO, such clean up to be in 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 provide proof of disposal.

c. 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, http://www.esd.whs.mil/DD/ http://www.esd.whs.mil/DD/

Attachment 2 SP4500-20-R-0013 Page 11 of 37 transportation, treatment and disposal of waste under this contract. The Contractor’s plan shall be used in conjunction with the Base Installation Spill Notification Procedures. The Contractor must provide their spill contingency plan to the COR and the EWO.

d. The Contractor shall immediately notify the KO and the COR/COTR, U.S. Government representative and EMO of any spills or releases during the performance of this contract. Contractor shall provide a written report to the KO, COR, COTR, and EMO no later than 24 hours after the spill or release. For spills or releases occurring on U.S. Government controlled property, the Contractor shall notify the EMO and follow Installation Spill Notification Procedures and provide a copy of the written spill report to the EMO and the COR. Copies of the Installation Spill Notification Plans and installation POC information are provided in Attachments 11a, 11b and 11c.

e. At a minimum, the immediate notification to the KO, COR, COTR and EMO shall include: Item spilled; Quantity released; Type of area contaminated (e.g. cement, soil, floor, etc.); Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill.

f. At a minimum, the written report to the KO, COR, COTR, and EMO shall include: Cleanup and disposal procedures taken; outside assistance required (if any); personal injury involved; and the names and telephone numbers of all national, regional or local officials contacted.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

a. Commingling or consolidation of hazardous waste: Any commingling or consolidation of U.S. Government waste with non-U.S. Government waste by the Contractor or third parties shall result in the indemnification of the U.S.

Government concerning any and all claims that result from such commingling or consolidation. Compensation to the Contractor shall be limited to the CLINs ordered and removed on the DD1155 prior to the commingling or consolidation.

b. The Contractor shall ensure that used oil, hazardous waste, or oil product contaminated with any hazardous waste shall not be used for dust suppression or road treatment.

c. The Contractor shall segregate, sort, package, re-containerize, identify shipping name, and label waste containers for assorted hazardous property that also has accumulated in an area other than a Hazardous Waste Accumulation Point (HWAP). The Contractor shall provide an itemized inventory of these wastes including:

1. International waste nomenclature, European Waste Code and hazard class.

2. Weight (kg) of each item and number and size of containers.

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

1.2.3 STATEMENT ON CONTAINERS

a. The Contractor shall provide containers, when required under this contract, for the collection and/or transportation of waste and they shall be UN approved, clean, free of residue and graffiti, and only labeled with markings that identify the current waste. The containers shall have a current inspection/certification and be capable of being operated as intended (i.e. lids shall close tightly and prevent the intrusion of rainwater, safety hooks to hold lids open shall be in place and operational, containers shall be able to be locked, etc.). Containers greater than 1.1 cubic meter (CBM) shall be weighed each time before they are placed into service. The container shall be labeled with the date weighed as well as the actual weight. Containers shall be unmarked, structurally sound and containing no, free standing, residue(s).

b. All Contractor provided containers shall be labeled by the Contractor. The labels shall be resistant to fading from

Attachment 2 SP4500-20-R-0013 Page 12 of 37 moisture and sunlight. All containers of hazardous waste shall be labeled in written both host nation language and English per the FGS for Belgium, Netherlands and Germany, with the following words ‘hazardous waste’; any hazard warnings; the internationally recognized name of the substance; the European Waste Code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN Number, Proper Shipping name, Hazard Label Number(s), Packing group; the name, address and telephone number of the DLA DISPOSITION SERVICES CONTRACTING Contractor; the generator identification (ID) number; the Environmental Office point of contact; the fire and emergency services telephone numbers for the installation, all precautionary and health (P & H) phrases (in accordance w/ Global Harmonization System (GHS) and that are applicable to each waste stream and the CLIN number.

There shall be no other labels, signs or symbols incorporated onto the hazardous waste label.

(1) Contractor needs to place the satellite accumulation label on the container at the time of placement into the accumulation and place the accumulation start date on the label on the top left corner of the label. The Full Date is considered the 1st day of 1-year storage date.

c. U.S. Government Owned Containers shall 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 shall be rendered to scrap and unable to hold a positive pressure.

d. The Contractor shall be required to provide all the containers at locations identified as “Contractor provided containers”. The Contractor shall insure that sufficient quantity and type of containers are maintained for proper execution of the contract.

e. The Contractor is responsible for preparing all containers, including Intermediate Bulk Containers (IBC's) 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.

f. All containers and signs deliverable under this contract shall be marked or tagged with the following information:

1. contract number,

2. task order number,

3. the name and address of prime Contractor, and

4. the CLIN number and description of item

Signs: All areas managed under this contract by the Contractor shall be marked with the appropriate signage for the hazards contained within in accordance with all DOD, European Union, and host nations’ laws; the signs shall be in English and the host nation language.

1.2.4 U.S. GOVERNMENT EQUIPMENT AND PERSONNEL

The Contractor understands that this is a firm-fixed price contract where Contractor is responsible for all costs of performance, unless expressly stated to the contrary in the contract. The U.S. Government shall not furnish any equipment or personnel to assist the Contractor in the performance of the Contractor’s responsibilities under the contract. The Contractor understands that any such offers of assistance by the U.S. Government personnel are unauthorized, and the Contractor shall not accept any such offers. The only exceptions regarding Contractor use of U.S.

Government- owned equipment are (1) usage of U.S. Government-owned loading equipment, and (2) usage of U.S.

Government-owned scales for weighing purposes. However, in both cases, usage of such equipment is only permitted

Attachment 2 SP4500-20-R-0013 Page 13 of 37 when authorized by the generator, and only if such equipment is available for use - as a result, 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. Finally, as it pertains to usage of U.S. Government-owned loading equipment, Contractor personnel must be licensed to operate such equipment in accordance with local host nation procedures, and bears responsibility for any damage caused as a direct result of operating such equipment.

a. Contractor Personnel:

1. The Contractor shall provide a list of the names and telephone numbers of the Contractor’s contract manager, alternate contract manager and the on-site technical representative (OST) to the COR. This list shall be updated within 5 calendar days of a change in personnel or phone number.

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.

3. Contract personnel shall present a neat appearance and be easily recognized as Contractor’s employees.

Contractor and Sub-Contractor personnel shall have the ability to communicate (i.e. cellular telephones) with the DLA DISPOSITION SERVICES CONTRACTING CORs and the Contractor’s Contract Manager when they are on-site or transporting hazardous waste.

4. The Contract Manager, alternate Contract Manager, and the OST 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 shall be in the English language.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT FACILITY

The Contractor shall NOT undertake treatment of waste 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. Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.

1.2.6 LOADING/TRANSPORTATION

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government reserves the right to load and/or assist in the loading of wastes via MHE. If in question, the operator of the MHE will be determined after issuance of the DD Form 1155 – Order for Supplies or Services (latest version available in the DoD Directives Website at http://www.esd.whs.mil/DD/) and prior to removal.

b. Unless otherwise provided in the contract, loading shall not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the items are located is closed.

c. Where it is provided that the U.S. Government shall load, the U.S. Government shall make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor’s conveyance shall be as determined by the U.S. Government. Unless otherwise provided in the contract, the U.S. Government shall not block, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Contractor. All outgoing shipments or loads shall be secured in accordance w/ host nation laws and regulations.

d. Contractor is responsible for removing containers from waste lockers (with secondary containment), which

Attachment 2 SP4500-20-R-0013 Page 14 of 37 involves driving on uneven surfaces, gravel, dirt, grass, etc.

e. The Contractor shall transport waste in accordance with all applicable host nation and transit rates and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods (HP/DG) shall 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, International Maritime of Dangerous Goods (IMDG) Code, and Rail (RID) and other applicable regulations shall be utilized for all shipments.

f. The Contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, the host nation, EU and international transportation regulations.

1.2.7 WEIGHING OF ITEMS

a. Verification of task order weights is required. The Contractor shall weigh the wastes in the presence of the COR prior to departure from the installation. (Note: If the EMO has previously weighed the waste and the Contractor agrees to the weight from the EMO, weighing of the waste in the presence of the COR is not required.) The Contractor shall use Contractor-provided calibrated portable scales when U.S. Government scales are not made available for use. U.S.

Government scales may be used when available, operable and authorized by a U.S. Government representative. The annual calibration certificate shall be available for COR inspection when portable scales are used. Should Contractor scales not be available and the container to be weighed is too large for a portable scale, then calibrated public scales can be used at no additional cost to the U.S. Government. In this case, the Contractor shall provide weight tickets to the COR within 2 work days of removal.

b. The weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging, shall not be removed by the Contractor prior to disposal, and is required by regulation, such as ADR, IMDG, or the Dutch, Belgian, and German law. Containers and pallets that are to be destroyed or disposed along with the wastes/materials that they contain shall be included in the net weight. Containers and pallets that are being used at the convenience of the Contractor, but are not disposed of with the waste, shall not be included in the net weight.

1.2.8 BULK LIQUID PUMPING

a. Bulk liquid items collected in U.S. Government owned tanks or drums (>206 liters) may be pumped to obtain a more economical removal. The liquid shall be pumped to a depth of 5 cm or less residue remaining in the container.

The Contractor shall not be required to clean the container. Liquids contained in bulk tanks shall be removed by suction pump. It is at the Contractors discretion to use a tanker or container truck. The Contractor shall supply the tanks or drums to which the bulk liquids are to be transferred. When bulk liquids are removed, it is the Contractors responsibility to have trucks weighed before and after pumping, and submit weight ticket with invoices. U.S. Government scales will be used if available. The Contractor shall invoice for the net weight of all bulk liquid shipments. The Contractor is required to have all the proper attachments and tools necessary for removing/pumping waste from tanks, pods and drums (60 liter and larger).

b. When removing/pumping flammable liquids the proper equipment must be used to prevent sparks and/or fire and have a containment system to prevent spills or leaks from reaching the environment. Contractor must follow OSHA/host nation/EU regulations.

1.2.9 CHARGES FOR EXPEDITES – CLINs N60000, N60150, N60160

Attachment 2 SP4500-20-R-0013 Page 15 of 37

When any CLIN specified in the bid schedule requires immediate action with a period of performance other than that specified in the bid schedule, an expedited CLIN may be ordered in conjunction with the supporting delivery order.

Minimum delivery order quantities shall not apply for expedited removals. When expedited removal is required for waste removal, the maximum amount of waste shall be limited to 35,000 KG of either a single waste stream or a combination of waste streams. No minimum/maximum quantity is applicable for non-waste removal services. Unit of issue reflects each time the Contractor is requested to perform a service in an expedited manner. Time period begins upon the issuance of a delivery order. The Contractor is expected to utilize the services of Sub-Contractors if required to meet the timeframe.

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. A copy of the disposal documentation recording completion of disposal shall be returned to the KO and to the COR no later than 10 calendar days following disposal of the waste.

b. The Contractor shall ensure that the copy of the manifest/shipping paper showing Contract number and completion of transportation is returned to the COR no later than 30 calendar days following task of the waste to the disposal facility.

c. Any transportation and host nation manifesting/documentation requirements established by the ADR, the International Maritime Dangerous Goods (IMDG) Code, the May 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and their Disposal (if applicable), shall also be provided to the COR prior removal.

d. At the time of removal from the installation, the Contractor shall include the contract number, task order, DTID number and line item numbers on the shipping documentation. A copy of all signed, dated and completed manifests shall be submitted with the Contractor’s invoices. No invoice shall be paid without this copy. In addition to the normal distribution of manifest copies, a copy of all signed, dated and completed manifests shall be forwarded to the COR within 30 calendar days of receipt of waste at the disposal facility. The COR shall distribute the copy to the appropriate generator(s).

e. The DLA DISPOSITION SERVICES COR’s address is as follows:

DLA DISPOSTION SERVICES - Kaiserslautern Mannheimer Str.