Attachment 2 - PWS Mid-America Tires.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Tire Recycling for the Mid-America Region of the Defense Logistics Agency (DLA) Disposition Services

GENERAL:

DLA Disposition Services has scrap rubber/tires consisting of, but not limited to ground vehicle, industrial equipment, aircraft, steel belted, and bias ply which requires pick-up, removal, and recycling/disposal. All DEMIL A items shall have no specific mutilation or DEMIL requirements. All DEMIL B (including B/Q/D items for purposes of this PWS such as tires, run-flats, wheels, etc.) shall be mutilated/demilitarized in accordance with Paragraph 5 a. (4) and certification/verification requirements as per Paragraph 5 a. (4) with the additional terms at (f) of that section. Some tires (DEMIL A, B, Q, and D) may be mounted on rim/wheel assemblies. The removal locations and POCs will be specified on individual orders.

SCOPE:

The contractor shall provide all properly trained labor, equipment, tools, personal protective equipment, material, licenses, fees, permits, certifications, supervision, transportation, manifests, and all other items and services necessary to perform the recycling/disposal of used tires/scrap tires made available by the government. The contractor agrees to provide all services/items necessary for the recycling/disposal of all property listed in the schedule in accordance with all local, state and federal laws and regulations, and the terms and conditions of this contract.

Note that during the potential duration of the tire recycling/disposal task orders, the government may require that only recycling (i.e., possible “Zero Landfill” initiatives) may be implemented. If so, the parties will address via bilateral modification, as applicable, i.e., if not already strictly recycling. For task orders issued, note that NO scrap tires can be refused based on the condition of the tires, and any/all levels of wear and damage are possible given their usage within the U.S. Military.

The contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor’s personnel and equipment shall comply with applicable federal, state, local and installation laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The contractor shall ensure that all personnel involved in the handling, transporting and recycling/disposal of scrap tires/rubber be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of use of material handling equipment, proper lifting techniques, general first aid procedures, and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the scrap tires/rubber. When operating within an Environmental Protection Agency (EPA) or state permitted Department of Defense (DoD) Hazardous Waste (HW) storage facility, the Contractor is required to use forklifts with specifications that meet the applicable permit requirements.

When operating at a non-permitted DoD HW storage facility, the Contractors are required to use only DY, EE, or EX rated forklifts to traverse through or within fifty (50) feet of flammable property as defined by Occupational Safety and Health Administration (OSHA). The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

The Contractor shall provide a trailer or container at identified generator sites (if required by the order). If trailer or container service is required, the minimum weight for removal/replacement of a trailer or container is 30,000 lbs. annually. All trailers and containers shall be removed once they are loaded and shall be replaced with an empty container or trailer. In the event a container is in place, the Government will place tires in the container. If tires exceed the capacity of the container or if no container is used, the Contractor shall provide labor and equipment necessary to facilitate loading. There may not be Government assistance available to load. Tires shall be removed within the 15-calendar day standard, after oral or written notification by the Government.

ACRONYMS

KO Contracting Officer COR Contracting Officer Representative CLIN Contract Line-Item Number DEMIL Demilitarization

DEFINITIONS

Contracting Officer (KO) – The KO at the procuring activity is the individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer Representative (COR) or Site Point of Contact (POC) – The COR or POC is the individual designated in writing by the KO to act as his/her authorized representative within the scope and limitations as defined by the KO and is authorized to issue task orders for specific pick-up of tires or container/trailer placement/removal.

Gross Weight – The overall total weight of material

FINAL RECYCLING/DISPOSAL

a. For this action, recycling includes beneficial use, re-use, recycling or reclaiming the scrap rubber on this contract, and associated material such as metal when rims or full wheel assemblies are handled.

Recycling and/or strictly disposal of the scrap rubber (and rims if included) without recycling are only authorized at facilities that are appropriately licensed/permitted by local/state agencies to conduct them.

The following also applies for all items removed under this contract that are beneficially used, re-used, recycled or reclaimed, or strictly disposed of:

(1) The Contractor is also required to use transporters registered in the appropriate state(s) as necessary for transporting tires under this contract.

(2) An audit trail must be provided to the facility that will beneficially use, re-use, recycle, reclaim or dispose of the scrap rubber, or any component thereof.

(3) Applicable Certificates of Recycling provided by the recycling facility shall be provided to the DLA Disposition Services site coordinating the service (whether recycling is required by regulation, e.g., state requirements for the location(s), or the tires are voluntarily recycled by the contractor).

(4) The contractor shall manage Demil B items and not comingle with Demil A items or comingle Aircraft and Ground Tires (but they can be on same truck).

Provide DLA Disposition Services’ COR/POC copies of the tire manifest and required certificates obtained from authorized facilities, evidencing the quantity or weight removed matching the weight demilitarized/mutilated.

The following (as identified by the Government) shall be mutilated to render the item as scrap residue, which cannot be used for its intended purpose, rendering the item inoperable and non-repairable for its intended purpose and sold only for residue material. Mutilation will be performed by contractor personnel prior to removal and witnessed/verified by Government Official. Certification of Demilitarization/Mutilation will be completed by Contractor and Government Verifier on the day of performance/removal IAW DoDM

4160.28 V3:

a. Tires which carry a prohibited disposal instruction, Safety of Use Message (SOUM) and/or Safe Alert Latent Defect (SALD) code denoting that the tire must be mutilated.

b. Demil Q Tires, Run-flats and Wheels.

1. All run-flat inserts are DEMIL Q

2. Tires and Run-Flats procured combined, or run-flats inserted in tires are DEMIL Q.

3. Run-Flat wheels, wheel assemblies are DEMIL Q.

c. LAV, Stryker, F-14, and M11117.

d. Mutilation for paragraphs a-c will be placing a 4-inch slash in the side wall, drilling a 3/4-inch or large hole which cannot be plugged, cutting the bead or by shredding.

e. Mutilation of wheel assemblies or tire attachments may be crushed, cut, and/or shredded.

DOCUMENTATION SUBMITTAL

The contractor shall submit the following documentation for acceptance of services to the designated COR/POC on the task order:

All manifests or bills of lading. Original and one copy.

All certifications of final treatment/disposal and/or certificates of recycling, and/or certificates of destruction signed by a responsible disposal facility official. Original and one copy.

For each removal, DLA Form 1367, Certified scale weight tickets, and DD Form 1348.

DEMIL/MUT Certification. Hazardous waste manifest may be used in lieu of DEMIL/MUT Certificate when Hazardous Waste facility is the method of disposal.

See the clauses section for invoicing/payment instructions

INSPECTION AND REMOVAL OF PROPERTY

Scrap tires will be available for inspection or removal during the business hours of the sites, available from the designated COR/POC, typically but is not guaranteed to be between the hours of 8:00 a.m. and 2:00 p.m., Monday through Friday - excluding Federal holidays, unless otherwise specified on the order.

Contractor must arrive in sufficient time for loading to be completed within the specified timeframe.

Scheduling of an appointment to inspect property with the POC is required. Scheduling of an appointment for removal will be coordinated with the appointed COR or Government representative as identified by DLA Disposition Services at least two business days prior to removal. Note that installation access/visiting contractor gate entry process timeframes can be significant, firms can expect up to two hours may be needed to enter the installation depending on current security conditions.

PROPERTY LOCATIONS

Services may be required in and around the following sites: North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska, Kansas, Colorado, Oklahoma, Arkansas, Louisiana, Texas. Specific locations can be found at https://www.dla.mil/DispositionServices/Contact/FindLocation.aspx

NOTIFICATIONS/PICKUPS

Except as otherwise specified herein, the contractor shall notify the Contracting Officer Representative (COR) or POC for each location, at least two (2) business/workdays before attempting site visits, identification, preparation or pickup. COR or POC will contact contractor upon on-site container being full or requiring a pickup. The contractor shall schedule and transport the scrap tires/rubber after notification that the scrap tires/rubber is ready for pickup. The contractor or contractor’s transporter will coordinate/arrange scrap rubber pickup with the pickup site. The contractor will also provide information and documentation to his transportation agent, authorizing the transporter to pick up the material. The transporter shall provide this information to the pickup point at the time of material pickup and prior to release of the material by the pickup point to the transporter

SHIPPING DOCUMENTATION

a. A State tire disposal manifest/shipping paper must be used wherever required for transporting scrap rubber. If a specific tire manifest/shipping paper is not required, the contractor must comply with the applicable federal, state or local shipping paper requirements.

b. For the purposes of this contract, when a manifest is not required, unless otherwise specified by federal, state or local shipping paper requirements, the contractor is required to ensure that scrap rubber offered for transportation is properly described on a bill of lading.

c. The Contractor shall obtain and prepare all manifests, bills of lading or other shipping papers for acceptance of waste into a state approved facility. The Contractor shall provide the COR/POC with a copy of the completed form(s), for review by the appropriate Government official at least two (2) business days prior to removal (unless otherwise specified on the individual order). Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests or other authorized shipping papers shall be furnished to the DLA Dispositions Site coordinating the service. Each pickup manifest/shipping paper (i.e., with a Government activity identified as a generator) shall be clearly and distinctly marked with the name of the servicing Disposition Services site in addition to the generators and the contract and task order number, as applicable. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document.

d. A copy of all manifests/shipping papers, signed by the designated state approved facility, shall be furnished to the DLA Disposition Services Site whose address appears on the manifest/shipping paper within the timeframes prescribed by applicable state regulations. If the contractor is unable to deliver the property to the designated or alternate facility on the manifest, the cognizant COR/POC will be contacted for disposition instructions.

SPILL RESPONSIBILITY

https://www.dla.mil/DispositionServices/Contact/FindLocation.aspx

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SP4510-22-Q-1001

The Contractor is solely responsible for any and all spills or leaks during the performance of this contract which occur as a result of or are contributed to by the actions or inaction of its agents, employees, of subcontractors.

The contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to the Government. The contractor shall report all such spills or leaks, regardless of their quantity, to the COR/POC and KO immediately upon discovery. A written follow-up report shall be submitted to the COR/POC and KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form containing the following information:

(1) Description of item spilled (including identity, quantity, etc.).

(2) Whether amount spilled is EPA/state reportable, and if so, whether it was reported.

(3) Exact time and location of spill including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications contractor has with press or Government officials other than the contracting officer.

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

LOADING

Unless otherwise provided in the contract, loading will not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the scrap rubber waste is located is closed. The contractor is responsible to block, chock, brace, lash, band, or otherwise provide the services/supplies required to secure the cargo on conveyance(s) furnished by the Contractor. Contractor will load, including all required personnel and loading equipment unless other arrangements are made in advance with the COR/POC, at all sites except those that may have a trailer or container in place.

CONTAINER/TRAILER PLACEMENT AT SPECIFIED SITES

A closed trailer or container (as specified) will be placed at the designated site(s). The minimum and/or maximum weight capacity of the trailer/container will be specified on the order, and the trailer/container must be delivered to the site within fifteen (15) calendar days after initial order notification, unless otherwise required by the authorized government POC. The trailer or container will be loaded by the Government and the contractor will then be notified by the Government to remove the trailer/container within the removal day timeframe specified on the order for the actual tire removal. An empty replacement trailer is required to be placed each time a trailer is picked up and removed unless otherwise required by the Government. The Government shall designate the point where the trailer is to be placed. The cost of the initial trailer/container placement, and any/all subsequent replacement of the container/trailer, is included in the per pound disposal price provided the Government meets the minimum order guarantee as specified elsewhere in the terms and conditions of this contract, or the task order(s) issued under contract. In addition to the per task order minimum in clause FAR 52.216-19, a trailer required at a given site must meet a required poundage minimum of 30,000 lbs. annually removed under the task order or is subject to task order price adjustment to in effect meet this minimum.

DEPARTMENT OF TRANSPORTATION REQUIREMENTS

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The Contractor shall comply with, and ensure that all applicable subcontractors comply with, all requirements of the U.S. Department of Transportation (DOT) Regulations, applicable state and local regulations and requirements, applicable to transportation of the scrap rubber under this contract.

PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and/or permits, and for complying with any applicable federal, state, and local laws, codes, and regulations in connection with the performance of this service. This includes acquiring any required permits or registration necessary to operate on any of the installations listed in this contract or for transporting scrap rubber.

WEIGHING OF PROPERTY

The empty conveyance will be weighed prior to and after loading. The difference between the weight of the empty conveyance and the loaded conveyance will be the agreed upon weight for payment purposes. An authorized Government representative will witness the weighing at Government Scales and will be documented on DLA Form 1367. The locations of Government Scales will be identified on the task order’s pick-up location listing.

The weight, agreed upon by both the Contractor and the Government representative at the time of removal, will be the basis for payment to the Contractor. Unsubstantiated charges for subsequent increases in weight, e.g., potential weather-related increases, after removal from Government custody, will be the responsibility of the Contractor.

For removals where Government scales are not available or inoperable, the use of commercial scales is authorized. The contractor will arrange for and incur all expenses weighing property at the nearest certified public scale. A copy of the weight tickets for the weight prior to loading will be presented to the COR or POC overseeing the removal. A weight ticket after loading will be provided to the servicing DLA Dispositions Site within 48 hours of removal. Weighing will be witnessed by the contractor/authorized representative and authorized Government official and documents on DLA Form 1367.

The method used to weigh the conveyance will be whichever is most accurate and agreed upon by the Contractor and the COR.

-Actual weight using Government scales (preferred method).

-Actual weight using commercial scales, if Government scales are not available.

For either actual weight method, the conveyance will be weighed both before and after loading.

CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The contract minimum shall be $2,500.00 on the base period. The maximum shall be 200% of the estimated value of the total contract. There is no minimum for the option periods.

ESTIMATED QUANTITIES

The quantities listed in the Bid Schedule provided with each order are estimated net weights. The contractor will be paid based upon actual weight picked up, mutilated (if applicable), and recycled of under the task order. The

9 | P a g e contractor shall not pick up more waste than what has been requested in a task order without prior approval of the

KO.

REMOVAL

Standard removal timeframe is 15 calendar days from notification from authorized government POC. As specified in the task order, all items shall be removed from the Government facilities within the designated number of calendar days after task order issuance.

RECYCLING/DISPOSAL TIMEFRAME

Recycling of all items identified by the authorized government POC be completed within one hundred eighty

(180) calendar days after issuance of the task order.

PERIOD OF PERFORMANCE

The effective start date is specified on the order, or the date of award of the order, whichever is later. Task orders may be written for a period of up to 12 months from the effective date of order award.

TASK ORDERS

a. The KO may issue funded task orders for extended periods of time that the Government may place orders orally or in writing against. The Order Limitations clause FAR 52.216-19 applies to each task order (10,000 lbs. per removal, cumulatively applied to the sites on the task order). Only the KO and designated COR/POC may authorize work under these orders. The contractor may invoice against the funded task order as work is required/completed throughout the contract period. Under these types of task orders, the contractor will perform work when specifically requested by the KO or COR/POC.

b. When the government require work to be performed against the funded task order, an estimated quantity of tires to be removed will be identified to the contractor. The contractor shall not exceed the task order quantity without prior written notification to and approval of the COR/POC or KO. In no case may the total pounds be exceeded under the funded task order without prior notification to and approval of the KO, to include an order modification with increased funding as needed. After performance of the work that was ordered, the contractor shall submit the actual quantity picked up under the task order to the COR/POC and the KO.

DLA DISPOSITION SALES AND/OR GREENING PROGRAMS

By entering this agreement, the parties mutually understand and acknowledge that this mechanism for recycling/disposal of scrap tires and related items is the last available means DLA Disposition Services has to meet the need at the lowest possible cost to the U.S. Taxpayer. Sales efforts and potential no-cost outlets like the Greening Program (which may or may not be in place during the life of these contracts) receive a higher priority in disposition process. Note also that sales efforts may include separate transportation of scrap tires to successful sales locations to avoid U.S. Taxpayer funded recycling/disposal. As such, the quality and quantity of scrap tires a contractor receives under a given task order could be impacted by the success of the higher priority disposition methods. Accordingly, the only Government obligation is via actual task orders under the task orders, which will specify the weights and locations of tire items requiring service.

TITLE PASSAGE

Title to property processed hereunder shall vest in the contractor as and when removal of property is affected and DLA Form 1367 has been witnessed and signed by purchaser and authorized government representative.

ANTICIPATED REGULATORY CHANGES

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Performance under any contract resulting from this solicitation must be in compliance with all local, state, and federal laws and regulations. Accordingly, it is the responsibility of the offeror to ensure that all such laws and regulations are considered in the preparation of its proposal. Such consideration should include not only relevant laws and regulations currently in effect, but also revisions thereto for which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

MUNITIONS LIST AND COMMERCE CONTROL LIST ITEMS (MLI/ CCLI).

The use, disposition, export and re-export of this property is subject to all applicable United States Laws and Regulations. This includes the Export Administration Control Act of 1979 (50 USC . 2401, et seq.), the Arms Export Control Act (22 USC 2751, et. seq.), the International Traffic in Arms Regulation (22 CFR 121) and the Export Administration Regulations (15 CFR 368 et. seq.), which among other things prohibit:

a. The making of false statements and concealment of any material information regarding the use or disposition, export or re-export of the property.

b. Any use or disposition, export or re-export of the property not authorized in accordance with the provisions of this contract.

Any false information provided and/or concealment of any material information regarding the use, disposition or export of this property may constitute a violation of:

a. The provisions of 18 USC 1001, which provides a maximum penalty of five years imprisonment and/or a maximum fine of $10,000.

b. The provisions of 22 USC 2778, which provides a maximum penalty of ten years imprisonment and/or a maximum fine of $1,000,000.

c. The provisions of 50 USC App. 2410, which provides a maximum penalty of ten years imprisonment and/or a maximum penalty of ten years imprisonment and/or a maximum fine of five times the value of the property exported or $1,000,000, whichever is greater, and which also provides for administrative sanctions, including civil penalties of up to $10,000 and the revocation of authority to export goods from the United States.

DENIED AREAS

The contractor understands and agrees that the ultimate destination of any property disposed of under this service contract will not be to Afghanistan Albania, Bulgaria, Burma, Cambodia, Peoples Republic of China, Cuba, Estonia, Ethiopia, Haiti, Iran, Iraq, Laos, Latvia, Lithuania, Madagascar, Mongolia, Mozambique, North Korea, Peru, Romania, Somalia, Sudan, Syria, Vietnam, all the former states of Yugoslavia, (Croatia, Slovenia, Bosnia-Herzegovina, Montenegro, Serbia and other Republics), and all of the former states of the Soviet Union or any other destinations that be specifically prohibited in the contract.

DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services 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 Disposition Services 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

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Disposition Services mission. The DLA Disposition Services EMS program is explained in DRMS-I 6050.2, Environmental Management System (EMS) Core Instruction. Site supplements 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 Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services 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 paragraph by sending an e-mail request to DRMSEMR@dla.mil.

ACCEPTABLE PERFORMANCE LEVELS (APLs)

Acceptable Performance Levels (APLs) are the minimum performance levels of specific requirements which the contractor must achieve or risk having the Government consider performance unsatisfactory, resulting in possible monetary consideration from the contractor. While the specification of an acceptable performance level does not allow the contractor to knowingly provide defective service it recognizes that it may occur unintentionally. As long as performance does not fall below the specified acceptable level, the Government will not deduct for poor performance. If performance falls below the specified performance level, consideration may be taken at the Government’s discretion. Consideration decisions will take into account the impact on the Government as a result of the failure to meet the performance requirement and the number of times the failure has occurred throughout the contract period.

The Government will use a Quality Assurance Surveillance Plan (QASP) to monitor compliance with the contract terms and conditions and identify nonconforming services. The QASP sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract and is subject to unilateral change by the Government without modification to the contract. All work required by the contract is subject to surveillance whether or not specifically included in the plan.

Performance incentives for the contractor shall include, but are not necessarily limited to, favorable impact on option exercise decisions, future awards of the same requirement, and future awards of similar requirements by DRMS as well as other Government and non-Government entities that may review performance of this contract.

DELIVERABLE PHASE STANDARD

TIME

FRAME CLAUSE

ACCEPTABLE

PERFORMANCE

LEVEL (APL)

REDUCTION

FOR FAILED

APL

METHOD OF

SURVEILLANCE

Compliant Notifications

Pre- Removal

Notifications timely and accurate

Two workdays

9 No more than 3 failures per contract period

5-100% consideration of the value of the removal & past performance annotated

COR/customer

Compliant Removal

Removal Safe, compliant, timely removal and transportation service

15 calendar days from task order issuance

18 No more than three failures per contract period.

Same as above Same as above mailto:DRMSEMR@dla.mil