Attachment 2 - PWS SOUTHERN IRAQ.pdf

PERFORMANCE WORK STATEMENT –

SOUTHERN IRAQ (AL ASAD AB, AND

CAMP TAJI)

a. The United States Government (USG) agrees that all hazardous property placed on task order(s) on this contract will be accompanied by documentation and markings that comply with all applicable local, Host Nation, Final Governing Standards (FGS), CCR-200-2 (United States Central Command Contingency Environmental Standards), the Overseas Environmental Baseline Guidance Document (OEBGD); the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR); the International Maritime Dangerous Goods Code (IMDG), European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID); and U.S. Federal law and Department of Defense (DOD) regulations relating to the generation, transportation and storage of hazardous property.

b. This contract covers the non-personal services for inspection, unloading, containerization, removal, transportation, storage, recycling, recovery, treatment and ultimate disposal of hazardous property generated by US Military Installations within Southern Iraq (Al Asad AB and Camp Taji). The Contractor agrees to provide all services necessary for the final treatment/disposal of the hazardous property listed in the schedule in accordance with all Host Nation, CCR-200-2, FGS, OEBDG, ADR, DOD, and Federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, discarded by the USG shall require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN).

c. All USG expressed quantities listed in the Bid Schedule are estimated quantities only. The

USG may order the estimated quantities for facilities in the country region listed in paragraph

(b) above or any combination of those areas depending on mission requirements.

1. REMOVAL

The requirements for removal of wastes under this contract are trifurcated into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor, and their subcontractors, must perform at all times in a prudent, conscientious, safe and professional manner. The Contractor shall ensure that its agents, employees, and subcontractors involved in handling 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. Handling and Personnel Protective Equipment (PPE) for Contractor personnel shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste. The Contractor agrees that his personnel and equipment are subject to safety inspections by USG personnel while on Federal property.

1.1 PRE-REMOVAL

a. Except as may otherwise be specified herein, the Contractor shall notify the Contracting Officer's representative (COR) or the Government Representative for each location, at least fifteen (15) business days BEFORE attempting site visits, analysis or pickups.

b. The Contractor shall be required to stay current on base access requirements, as they may change frequently. The Contractor shall provide the COR with all information required to obtain a badge, vehicle passes, etc., needed for Contractor personnel to perform work on this contract 15 calendar days prior to executing Task Order (TO).

c. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver's Commercial Driver's License (CDL), International Driver's License number and its expiration date to the COR or other Government representative at least 10 calendar days 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 or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the USG and maintained by the Contractor, the five (5) calendar day notification requirement is moot for the remainder of the contract unless otherwise modified.

(1) If a driver, other than the one specified 24 hours in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice by either fax or email fax from the Contractor. The USG is not liable for any damages incurred by the Contractor as a result of untimely or incomplete notifications; e.g., if drivers other than those previously identified and approved are sent for pick-up, and this causes late performance, then the USG may take consideration from the contract for such late performance.

(2) The USG reserves the right to take appropriate action, such as the pursuit of contractual consideration and/or annotation of negative past performance if the Contractor fails to meet the above notification requirements and timeframes.

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor warrants their current authorization to operate and conduct business in the country or countries in which this contract is performed and that they will fully comply with all the laws, decrees, labor standards, customs standards, and regulations of this country and transit countries. Unless listed as a separate CLIN on the price schedule, the Contractor shall be responsible for all fees associated with preparing or obtaining any necessary licenses, permits, or notifications; preparation of waste profiles requested by a Qualified Disposal Facility(s). The Contractor shall also be responsible for paying any taxes and customs declarations resulting from the Contractor's transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator

(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal.

This includes signing (on behalf of the USG) waste profiles requested by Treatment Storage Disposal Facilities. All Contractor-signed waste profile sheets shall be written for the actual wastestream using the Generator's profile for backup documentation. All Generator forms or other means of notifications including correspondence with USG agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to any foreign agency.

b. The Contractor may be required to attend any special training, seminar, instruction, class, etc. provided by the USG or to provide information to perform work or gain access to the installation. This training can either be in conjunction with a schedule HW removal or could be required prior to contract award, e.g., pass and ID requirements, antiterrorist training, EMS policies, forklift training, etc...

c. Any shipments outside the country where the waste resides must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the Department of Defense (DOD) activity, the Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the COR with the shipping documentation in accordance with 1.1.2.

d. Contractor will have to register with Iraqi government in Bagdad, to operate in the region, and follow regional guidelines.

1.1.2 SHIPPING DOCUMENTATION -

a. All references to manifests in this provision relate to the “appropriate shipping paper.” The Contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets required for acceptance of waste into a Qualified Disposal Facility (QDF) and any other shipping documents. The Contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate Government official at the time that property is removed from the installation. Additionally, any international transportation and Host Nation manifesting requirements established by the IMDG, ADR, RID or the 1989 Basel Convention on the Trans-boundary Movement of Hazardous Waste and their Disposal must also be completed and provided to the COR upon removal of the waste from the installation. The COR has the authority to decline the signing of any manifest for waste loads which are not in conformance with transportation and environmental regulations.

b. If Basel approval is required, the Contractor shall prepare appropriate notifications against

CLINs required to move and be disposed of all waste listed in the schedule; however, the Contractor shall only initiate a Basel request upon receipt of a Task Order requiring Basel notification (s), and thereafter maintain any approved Basels for the lifecycle of the Basel (i.e., typically 12-months each). 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 Contracting Officer (KO); once these notifications are approved by National Competent Authorities, copies of approved notifications shall be provided to the KO. Once the waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated Basel Trans-Boundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 60 days following the acceptance of the waste by the TSDR. Photocopies of all completed shipping documents (ref 1.1.2.a. above) shall be forwarded with the invoice to include the Basel showing acceptance of the waste at TSDR. The documents must reference the applicable contract number and task order number. Upon release of a task order for Basel permits, the Contractor shall provide bi-weekly reports to the KO outlining the step at which the Contractor is at obtaining follow-on notifications to ensure there is no lapse in service.

NOTE: All costs associated with the Basel Notification process shall be priced within the schedule to compensate for costs associated with the Basel request and approval process.

c. The Contractor shall complete DLA Form 2505 Manifest Tracking Log (Attachment 6),, annotating all wastes removed after each removal. The Contractor must describe and document in detail any differences between the actual quantities picked up and the actual quantity disposed/recycled. The Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness; this document is a deliverable IAW para 12(c)(4).

d. Mock EPA ID numbers created by DLA Disposition Services shall be entered on all applicable shipping documentation such as waste manifests and bills of lading (BOL). The same mock EPA ID number shall be used on DLA Form 2505, Manifest Tracking Log (Attachment 6).

1.1.3 TRAILER SECURITY, PADLOCKS

a. All Contractor furnished trailers, containers and tankers must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government's halting of the pickup. All trailers and tankers must be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative.

b. The Government reserves the right to take appropriate action, such as pursuit of monetary consideration and/or annotation of negative past performance if the Contractor trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above.

c. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.1.4 HOURS OF OPERATION

a. The Contractor agrees that, for those portions of the services provided on a Government installation, the services shall be provided during normal hours of operations for the installation. The normal hours of operations for installations on this contract are available, upon request, from the COR.

b. Known deviations from normal hours of operation are during Host Nation religious holidays (e.g., Ramadan, EID, etc.).

1.2 REMOVAL

1.2.1 SPILL AND CONTINGENCY RESPONSIBILITIES

a. The Contractor is solely responsible for cleanup and proper disposal of any and all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or subcontractors to the satisfaction of the Government and at no cost to the Government.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR

(if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all Host Nation and Installation spill reporting and clean-up requirements as posted/notified.

A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

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

(2) Whether quantity spilled is reportable under CCR-200-2, section 7, 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 anyone other than the KO; and

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

1.2.2 SAFETY REQUIREMENTS

a. The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum the Contractor shall comply with all applicable Host Nation, DOD, CCR-200-2, and international safety and health regulations as well as installation where performing services.

b. The Contractor shall ensure that all personnel involved in hazardous substances management are properly trained for the level of expertise required to perform the tasks.

c. The Contractor shall conform to the safety and health requirements contained in this contract for all activities related to the accomplishment of work. The Contractor shall ensure that, prior to initiating any work under this contract, all Contractor personnel, including subcontractors have read and understood all safety and health requirements.

d. The Contractor shall take such additional immediate precautions as the KO or designated

Representative may reasonably require for safety and mishap prevention purposes. The COR / COTR has the right to stop all work it is not being conducted in a safe manner.

1.2.3 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial TSDR is reached. The items must be so marked, that they are readily associated to this contract throughout this period.

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

Base access restrictions and installation regulations prohibit the Contractor from bringing/operating heavy material handling equipment (MHE) at the time of removal. The Government shall arrange to furnish the loading equipment and (USG) operator necessary to assist this particular phase for the performance of this contract.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste on USG facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable Host Nation, CCR-200-2, FGS, OBEGD, DOD, and Federal (including 40 CFR 260.10) laws and regulations.

b. The Contractor shall not drain and/or flush PCB items at any USG installations. Draining shall be permitted only to prevent leaking and mitigate spills.

c. Treatment, disposal, or release of gas (other than inert) to the atmosphere on USG installations is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

a. At all the pickup locations, the USG will provide the initial loading of waste onto the

Contractor's conveyance; however, all blocking, bracing, lashing, banding, or securing of cargo must be performed by the Contractor. The Contractor shall be required to furnish all material handling equipment required to perform tasks associated with loading beyond the Government's obligation stated above.

b. All loading and bracing operations shall be performed simultaneously for best efficiency/economy of operations [e.g., the USG tailgate loads trucks with heavy MHE, while the contractor light MHE (hand dolly, pallet jack ,etc.) places on their truck for block, brace, and tie-down procedures]. Under no condition will the Contractor conveyance be permitted to move or depart the installation until it has been inspected by both the COR and the Generator and determined in compliance with all applicable transportation requirements.

1.2.7 WEIGHING OF PROPERTY

a. Verification of task order weights is required. The Contractor shall weigh all property before removal. An authorized Government representative will witness all weighing that occurs on site. The weight, agreed upon by both the Contractor and the Government representative (i.e., the COR or COTR) at the time of removal, will be the basis for payment to the Contractor.

b. Unsubstantiated charges for subsequent increases in weight, after removal from USG custody, will be the responsibility of the Contractor.

c. Non-bulk Items.

(1) For non-bulk items, the Contractor may utilize Government-owned scales, as available.

If Government-owned scales are not available, the Contractor shall be required to provide portable scales at point of removal.

(2) All scales used during the performance of this contract must be certified by the local competent authority and/or approved by the local DLA Disposition Services site Environmental Specialist/the COTR. Portable scales must have a minimum capacity of 1,500 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

1.2.8 PERFORMANCE TIME

Complete removal/service shall be accomplished no later than (NLT) 90 calendar days from the Task Order issuance date.

1.3 POST REMOVAL

1.3.1 TRANSPORTATION

a. The Contractor shall transport waste in accordance with Host Nation, CCR-200-2, ADR, IMDG, Basel Convention and international regulations governing identification, packaging, labeling, marking and placards of dangerous goods containers and vehicles for transportation.

All hazardous property and dangerous goods shall be transported in UN specification containers. The Contractor is responsible for ensuring that shipping documents (manifest) will accompany all hazardous property to ensure cradle to grave audit. The standards set forth in the ADR, IMDG, RID; DOD or Host Nation regulations shall be utilized during shipment.

b. The contracted drivers must possess the appropriate emergency action instructions and any other documentation/training required by ADR, IMDG, Host Nation, CCR-200-2, and international transportation regulations. All transport vehicles shall be equipped with the appropriate emergency response equipment and spill response materials.

c. The Contractor shall comply with all laws and regulations associated with the transport of hazardous waste containers outside the country of origin and in all transit countries. These include but are not limited to, any provisions governing the prior notification of competent authorities, temporary storage and custom clearance. To the extent that the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal or European Union notifications are applicable to movements of hazardous/special waste under this contract, the Contractor or his subcontractor shall act as the “exporter” and the “importer”.

1.3.2 EXPORT TRANSPORTATION CHARGE- CLIN

a. Specific locations for hazardous waste removals for the locations within Southern Iraq.

b. Transportation CLINs shall be all-inclusive priced. All-inclusive priced means theses

CLINs shall include all costs associated with the proper pickup and transportation of the waste to the disposal facility. These costs can include but are not limited to securing the waste to the conveyance; obtaining and preparing all necessary paperwork for transport; obtaining customs clearance (if necessary); preparing the necessary paperwork for acceptance to the TSDR; and physically taking the waste to the TSDR.

NOTE: The transportation CLIN for in-country disposal shall be ordered under the appropriate CLIN, ordered as quantities of EACH (ea) for each Task Order. These CLINs are chargeable based on the equivalent volume ordered, specified in 40-ft container and/or 20-ft containers, and regardless of the container size(s) used by the contractor. e.g., if a TO is placed with the volume of 2.5 - 40-ft containers (i.e., two each 40-ft containers and one each 20-ft container), then the task order shall reflect fees for two each 40-ft containers and one each 20-ft container, NOT necessarily the number of containers used by the Contractor. Only costs related to transportation are included in each transportation CLIN unit price. As a result, unit pricing for hazardous waste disposal CLINs or any other Miscellaneous CLINs (e.g., Basel, Defense Base Act Insurance, etc.), should not include any charges related to transportation.

NOTE: Not all locations allow the use of 40-ft containers. Contractor must verify with the COR prior to container placement that the desired size container is applicable to the location.

c. The transportation CLIN(s) price(s) are based upon the technical proposal submitted by the contractor during the solicitation phase and approved for use by the KO for all locations covered by this contract. This is a firm-fixed price contract, and all prices shall be bilaterally determined at time of award regardless of mode(s) of transportation or ultimate route(s) used by the contractor. No additional costs shall be paid in association with a failure to use the planned disposal method/route unless such costs are warranted.

d. Upon receiving notification of a potential new site/location to be added to this contract, the Contractor shall supply a transportation plan for the new site/location, to include the route, equipment used, personnel, time schedules, import duty fees, customs fees, Basel notification fees/costs and any other applicable charges which may affect the timing of the transport of waste to the final TSDR. Contractors shall be required to provide this transportation plan with their modification proposal to add the new site.

e. Should the USG order multiple pickups from different locations in the same country on one task order, or issue multiple task orders for different sites in the same country within a one-week period, the Contractor shall arrange to combine the pickups, in order to maximize efficiency of the pick-ups (e.g., provide economic quantities, minimize amount of containers required, etc.).

f. When multiple task orders are issued for different sites in the same country within a one week period, the performance period for all such orders will be adjusted to reflect the allotted performance time for the final (i.e., latest) task order across all the sites.

1.3.3 IN-COUNTRY TRANSPORTATION CHARGES -

a. When any of the above CLINs are ordered, the Contractor shall be responsible for transporting the contents of up to a 20-ft or a 40-ft shipping container to a TSDR for disposal or recycling within the country of waste origin. It is the responsibility of the Contractor to provide a conveyance capable of transporting the waste, or a conveyance with the shipping container on it capable of transporting said waste.

b. The Government encourages that waste sent for disposal via this contract be sent to

TSDRs within the country of generation, whereby a facility meeting the DLA Disposition Services Qualified Facility requirements exists. Any TSDR used on this contract must be on DLA Disposition Services Qualified Facility List (QFL).

c. The Contractor shall transport waste in accordance with Host Nation, CCR-200-2, ADR, IMDG, Basel Convention and international regulations governing identification, packaging, labeling, marking and placards of dangerous goods containers and vehicles for transportation, as applicable. All hazardous property and dangerous goods shall be transported in containers meeting UN specification. The Contractor is responsible for ensuring that shipping documents (manifest) will accompany all hazardous property to ensure cradle to grave audit. The standards set forth in the ADR, IMDG, RID, DOD, CCR- 200-2, or Host Nation regulations shall be utilized during shipment.

d. The contracted drivers must possess the appropriate emergency action instructions and any other documentation/training required by ADR, IMDG, Host Nation, CCR-200-2, and international transportation regulations. All transport vehicles shall be equipped with the appropriate emergency response equipment and spill response materials.

e. When multiple task orders are issued for different sites in the same country within a one week period, the performance period for all such orders will be adjusted to reflect the allotted performance time for the final task order in the series.

1.3.4 RETURN OF SHIPPING DOCUMENTATION

a. The Contractor shall prepare, complete and return signed copies of all shipping documentation/manifests as required by Host Nation, CCR-200-2, ADR, IMDG, international law and contract requirements. A copy of all dated and completed shipping documents (manifests) signed by the designated TSDR shall be submitted with the Contractor's invoice. Complete invoice packages must include copies of all applicable shipping manifests. The Contractor shall also furnish a copy of each shipping document (manifest), signed by the designated TSDR, to the DLA Disposition Services Site coordinating the waste disposal within 35 days of pickup by the initial transporter. If the waste has not been received by the TSDR within 30 days after the initial pickup date, the Contractor shall notify the DLA Disposition Services Site of the physical location of the waste. As applicable, the Contractor shall provide the shipping documents (manifest) with additional transporter signatures.

b. The Contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished.

2. DISPOSAL / RECYCLING -

a. This subsection covers requirements for disposal/recycling of items in general, disposal of specialized commodities such as Compressed Gas Cylinders (CGC's), Polychlorinated Biphenyls (PCB's), and of various recyclable items.

b. Disposal/recycling of all items must take place within 225 days after the date of the task order (315 days for items requiring demilitarization)

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs) -

Generators may require Certificates of Disposal/Destruction (CD) or Recycling for any items at their discretion. The Government recognizes there are additional costs to the Contractor associated with obtaining these certificates from the final/ultimate disposal, destruction, or recycling facility. Such certificates will only be required as specified in the Bid Schedule/Performance Work Statement (PWS).

2.2 COMPRESSED GAS CYLINDERS -

a. The Contractor shall provide all services necessary for the assessment of all gas cylinders, the discharge of inert gases, the final treatment/disposal or recycling of the non-inert gases, and the decommissioning and recycling of metal from emptied cylinders.

Cylinder disposal shall result in the destruction of the cylinder, such that it can no longer be used as a cylinder.

b. When the USG has information identifying contents, it is provided for information purposes only and is not a guarantee of the cylinder contents. A listed content does not relieve the Contractor from the responsibility to ensure that the contents are correctly identified. The Contractor is authorized to re-valve cylinders in order to discharge gases or transport off-site as appropriate.

c. The Contractor shall not remove any gas cylinders whose contents cannot be identified or when no known disposal method is available. Sampling of contents for identification purposes only is authorized. The Contractor is required to provide the COR written explanation for refusing any cylinders for processing. Refused cylinders must be identified by serial number or other identifiable markings or by a Contractor/COR assigned identification number. This number must be identified in the written refusal explanation.

d. The Contractor is required to discharge, recycle, or dispose of the gas in accordance with DLAI 4145.25. The Contractor shall recycle and not dispose of the gas if required per DLAI

4145.25. The Contractor shall complete a certificate of disposal or a certificate of recycling for all gases and empty cylinders and furnish them as appropriate to the Generator with a copy to the DLA Disposition Services COR.

e. The Contractor is responsible for any atmospheric releases of gas occurring during or resulting from performance of this contract. The Contractor agrees to reimburse the USG any and all costs incurred for accidents resulting from improper handling, gas extraction, grinding, drilling, torching, etc. of any cylinders.

f. The Contractor is to complete the Compressed Gas Cylinder report for each cylinder at each pickup location when ordered to discharge inert gases, and evaluation/identification of Cylinders. A copy of the Compressed Gas Cylinder report shall be provided to the Generator and the DLA Disposition Services COR prior to invoicing.

g. Discharge of inert gases, those not regulated by Federal, state, or local regulations as wastes or pollutants, shall be discharged to the atmosphere at the Government facility or may be transported to a TSDR for venting. The contractor shall observe all proper safety precautions.

When the cylinder is completely empty, the Contractor shall decommission the cylinder in accordance with instructions below. If the Contractor chooses to remove inert cylinders for venting off-site, all work described below shall be accomplished and the decommissioned in accordance with the instructions below. Prior to venting gases at USG facilities, the Contractor shall coordinate through the COR with the Base Environmental Office. Cylinders containing inert gas that have inoperable valves may be vented with the use of a safety relief device in accordance with DLAI 4541.25, Section 7.7-2c, and CCR-200-2.

h. The Contractor must take the following actions to decommission empty cylinders containing identified non-inert gas or inert gas:

(1) Track every cylinder by CLIN, and task order number throughout the disposal process until each individual cylinder's contents are purged or the point of final release of each cylinder from the Contractor's custody.

(2) Purge and cleanse all cylinders of their contents. For any purging of cylinders performed on USG premises, purged contents shall be removed using methods, which will not constitute treatment (i.e., the characteristics of the gas will remain unchanged). The Contractor shall dispose of all residue waste generated by this requirement at no additional cost to the USG.

(3) Decommission/dispose of each cylinder, which contained non-inert materials. Prior to release by the Contractor, the Contractor shall obliterate all DOD identification markings present on every cylinder disposed of under this contract. For example, grinding or cutting out (with a cutting torch) may meet this requirement. The Contractor shall dispose of each cylinder using one of the following methods:

(i) Reutilization of cylinders; which meet the Department of Transportation criteria, for reuse. To utilize this method of disposal, each cylinder to be reused must be hydrostatically tested by a registered hydrostatic test facility. Copies of all test results for such cylinders will be provided as proof of reutilization to the Generator and DLA Disposition Services COR.

(ii) Smelting cylinders using a scrap metal recycler: Prior to smelting, the Contractor shall de-valve the cylinder, mark/stamp the cylinder “CONDEMNED-SCRAP” and drill/puncture a hole, at least ½ inch in size through the cylinder. As an alternative to drilling or puncturing a hole, inlet threads shall be destroyed sufficiently to prevent installing a valve with a gas tight seal or the Contractor may cut the cylinder in half. The Contractor shall provide certificates of destruction for all cylinders disposed using this method. Cylinders too small for marking/stamping are required to be tagged or labeled with the words “CONDEMNED -

SCRAP”.

(iii) Burying cylinders in an approved landfill: Prior to burial, the Contractor shall de-valve the cylinder, and mark/ stamp the cylinder “EMPTY”. The Contractor shall complete and provide certificates of destruction for all cylinders disposed of using this method.

NOTE: This is the only method acceptable for disposal of asbestos containing non-inert cylinders. Example: Acetylene cylinders, which contain asbestos, are NOT reusable.

2.2.1 EVALUATION/IDENTIFICATION OF CYLINDERS -

Some cylinders may contain unknown substances, have inoperable valves, may be plugged or may not be transportable due to their condition. When a CLIN is ordered, the Contractor is required to perform an evaluation of cylinders on site and provide the results of the evaluation (NOTE: Order of 1 `EACH' of a evaluation CLIN requires evaluation for a specified number of cylinders). This evaluation includes, but is not limited to a visual inspection of markings, labels, cylinder type, etc., as well as condition of the valves (operable/inoperable). The evaluation report will indicate, among other things, whether sampling and analysis will be required to identify the contents and whether the contents need to be containerized. The Contractor shall have thirty (30) calendar days from issuance of a written task order citing the CLIN used to complete the evaluation and submit the report to the COR.

2.2.2 ANALYSIS TO IDENTIFY CYLINDER CONTENTS -

When an analysis CLIN is ordered, the Contractor shall be required to perform appropriate analysis to identify substance and complete waste profile forms. For each CLIN ordered, the Contractor shall be required to sample and analyze the contents of one cylinder. After issuance of a written task order, the Contractor shall be required to draw all samples, complete all tests, and provide typed waste profile sheets to the COR within thirty (30) calendar days.

The Contractor shall perform sampling in such a manner that no gas is emitted to the atmosphere. Analysis of waste and completion of waste profile sheets is in this contract to serve DOD Generators covered by this contract.

The Contractor shall be responsible for the proper disposal of all samples taken IAW all applicable Host Nation, CCR-200-2, OEBGD, FGS, Montreal Accord, and U.S. Federal laws and regulations.

2.2.3 RECONTAINERIZATION/REPLACEMENT OF VALVES -

When the CLIN is ordered, the Contractor shall be required to recontainerize cylinders containing either inert or non-inert or unknown gas when the cylinder has been determined to be non-transportable. Recontainerizing may include (but is not limited to) removing gas from one cylinder and placing it into another DOT approved cylinder/ container. Cylinders may either have a valve (operable/inoperable) or a plug in place. When this CLIN is ordered, the Contractor shall be required to replace an inoperable valve. The Contractor shall have thirty

(30) calendar days from issuance of a written task order to complete the recontainerization and/or valve replacement. When the gas is an unknown and there is no other means of extracting a sample for analysis, the USG will order analysis under this CLIN at the same time as the recontainerization. In this instance, the Contractor shall be required to complete all tasks associated with these CLINs within thirty (30) calendar days. All empty cylinders resulting from recontainerization may either be transported off-site, cleansed and recycled to a scrap metal recycler by the Contractor; or cleansed on-site (inert only) and placed in as area designated by the COR. In either case, the Contractor is required to remove all DOD identification markings and puncture a hole in the cylinder.

2.2.4 SURCHARGE FOR ZONE “A” POISON GASES -

The USG shall order this CLIN when poison gases assigned hazard zone “A” (ref: 49 CFR 173.116) are included on a task order.

2.3 RESERVED

2.4 DEMILITARIZATION VIA SERVICE CONTRACT -

Property requiring Demilitarization (the act of eliminating the functional capabilities and/or inherent military design from DoD Personal Property) shall be identified by the COR, and annotated as such by CLIN structure on the TO. When property requiring DEMIL is ordered, the Contractor is required to dispose of this property and provide all documentation per DOD commodity specific requirements as below, within 30 days of appropriate disposal.

Specified documentation shall be returned to the Generator, as listed in shipping documents (manifest) and DLA Disposition Services COR, unless otherwise noted.

2.4.1 DEMILITARIZATION OF CDE KITS - CLIN

When this CLIN is ordered, the Contractor is required to dispose of this property at a TSDR permitted facility. The audit trail showing DEMIL was accomplished shall be a signed certified and verified shipping documents (manifest) receipt copy along with the Certificate of Disposal (CD). The CD certifies that the property was taken to the TSDR, and is provided w/in 30-days of disposal at the TSDR.

NOTE: The certificate of disposal shall be included in the Contractor's pricing of this CLIN.

3. SPECIAL SERVICES -

This section covers requirements for various special services related to managing the disposal/recycling of hazardous property items, CGC's, PCBs, and other related services.

NOTE: Special Services CLINs are exempted from meeting the task order minimum as described in the clause entitled `ORDER LIMITATIONS.'

3.1 PERFORM ANALYSIS -

a. Analysis is required for purposes of waste identification. Analysis/testing under this contract is an additional service ordered by and for the USG Generators, and does not otherwise supplant any Contractor obligations elsewhere in this contract.

b. The Government will order this service using any of the disposal CLINs listed (unit of issue is Each) on a TO. One Each (EA) equals one wastestream to be analyzed by the Contractor. The Contractor shall perform the following:

(1) Samples shall be taken and testing performed IAW 40 CFR Part 261, Appendices I, II and

III.

(2) The Contractor shall transport samples from the pickup point to the analytical laboratory. The Contractor must complete a Chain of Custody form for each sample taken with completed forms to be provided to the DLA Disposition Services Field Activity along with the analytical data.

(3) The Contractor shall provide a statement from the testing laboratory that the entire sample was used in the analysis and provide a copy to the Generator and DLA Disposition Services Field Activity. If there is additional sample left over after analysis;

the Contractor is responsible for its disposal.

c. The Contractor will perform the analysis and provide a complete analytical report to the COR within 21 days of issuance of a written Task Order.

d. In all cases where the Government funds laboratory analyses, a complete and comprehensive analytical report shall be provided to the Government. The report shall include a completed Chain of Custody Form and detailed analytical results, including QA/QC results as required by the current SW-846 protocol where SW-846 protocol was employed by the laboratory. If for any reason the laboratory report is not provided to the Government, or if the report is deemed not scientifically defensible by the Government, a reanalysis of the waste will be required at no additional cost to the Government. In cases whereby the Contractor independently funds separate analysis of materials, the contractor is responsible for the chain of custody on those materials.

3.2 PREPARE WASTE PROFILE SHEET -

a. When this CLIN is ordered, the Contractor is required to prepare a typed Hazardous Waste Profile Sheet. One Each will be ordered per waste stream to be profiled. A sample DLA Form, DL2511 (HAZWASTE Profile Sheet) (Attachment 7) is included in the attachments. Using analytical data/Generator information provided by the Government, the Contractor must complete the form IAW its attached instructions. Subject to COR approval, the Contractor may use an alternate profile form as long as the alternate form contains all of the same information contained in the DL2511 (HAZWASTE Profile Sheet) (Attachment 7).

b. The purpose of this service is to enable the Generator to turn in items to the DLA Disposition Services Field Activity. It is not intended to supplant Contractor obligations identified in other sections of this contract.

4. RESERVED

5. ADMINISTRATIVE NOTES

a. DLA Disposition Services (DLA-DS) Environmental Management System (EMS). DLA-

DS 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-DS EMS aims 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-DS mission. The agency Environmental Management System (EMS) Core Instruction explains the DLA-DS EMS program. Site 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.

NOTE: 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 Nation facility EMR for specific guidance concerning an individual facilities' EMS program.

Contractors may request current copies of EMS information identified in this paragraph by contacting the local Contracting Officer's Representative (COR).

b. Public Affairs Coordination. The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (KO). Under no circumstances shall any statement be released to the news media or any additional outside sources directly by the Contractor, employees of the Contractor, or any subcontractor employees.

6. ENTRY INTO MILITARY PREMISES

a. All Contractor personnel are required to have appropriate current and valid working permits and training for the jobs they will perform. Contractor personnel that are required to work on installation must acquire authorization for entry and must use this authorization only for purpose of performing under this contract.

b. The Contractor will establish procedures to control and account for passes and to ensure that they are immediately retrieved and returned when their employees no longer need them (for example, when an employee transfers or is no longer employed by the Contractor). These procedures will include the actions required by applicable base regulations for lost and stolen passes. Copies of applicable base regulations shall be obtained from the COR after contract award. The Contractor shall inform employees that they are subject to search when entering and leaving U.S. installations.

c. Citizens from the following designated countries (passport holders) are not authorized access to US military installations: Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Laos, Libya, Mongolia, North Korea, Peoples Republic of China (including Tibet), Syria, Yemen and the former Yugoslavia (Serbia, Montenegro and Bosnia Herzegovina).

d. The issuance and surrender of passes shall be accomplished in accordance with procedures established by each individual community Commander.

7. CONTRACTOR REPRESENTATIVE

a. The Contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

Name:

Phone Number:

b. The Contractor agrees that notice to the Contractor representative(s) listed constitutes notice to the Contractor, and agrees to be bound by any commitments or representations made by this representative.

8. CONTAINERS

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. The Contractor shall perform repackaging for proper shipment as may be necessary, and furnish all required materials.

9. MARKING AND IDENTIFICATION

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

a. contract number,

b. task order number,

c. the name and address of prime Contractor, and

d. the CLIN number and description of item.

11. INCIDENTAL FEES

Any incidental tax or penalty assessed DoD/ DLA Disposition Services arising from the

Contractor's decisions or actions under performance of this contract shall be the responsibility of the Contractor. These incidentals include, but not limited to any fee, tax, or penalty levied resulting the Contractor's failure to prepare and provide reports and/or documents required as part of the performance of this contract.

12. PERIOD OF PERFORMANCE

a. The Contractor shall begin contract performance upon issuance of each written task order and provide all services listed on the Bid schedule in accordance with all terms and conditions of this contract.

b. When (and only as applicable) a Miscellaneous CLIN is ordered, the Contractor must immediately apply for the necessary Transboundary notifications (i.e., Basel notifications) as ordered on Task Order, and provide the KO and COR with weekly status reports regarding the attainment/approval of such Basels. No Basel shall be processed before receipt of Task Order.

c. Accept as otherwise specified in the PWS of the Contract, the services listed below shall be accomplished within the number of days (from issuance of a task order) as shown below:

(1) Complete removal/service - to include waste removal, container purchases, waste segregation and packaging/ repackaging - no later than: 90 calendar days for Southern Iraq;

(2) Sampling and Analysis, Result returned no later than: 21 calendar days

(3) Generators copy of manifest returned to the DLA Disposition Services COR - after receipt of waste by the treatment facility, no later than: 15 calendar days

(4) Submission of Waste Manifest Tracking Log DL 2505 (Attachment 6) no later than: 180 calendar days

(5) Submission of Disposal Facility's notification of Completion of Disposal (CD): 240 calendar days

d. All items shall be removed from the Government facilities within the number of days shown in (c)(1) above from issuance of a written task order. Removals, regardless of their performance timeframe, will not commence until the COR or other Government representative has confirmed the identity of the driver via a current Commercial Driver's License (CDL).

Disposal of all items identified in this contract shall be completed within the number of days shown in 12(c)(5) above, after issuance of each written task order.

13. INDEMNIFICATION

Upon receipt/removal of items from the various Government installations, the Contractor assumes full accountability and physical custody of such items. The Government assumes no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personal injuries, illness, disabilities or death to the Contractor, Contractor's employees, and any other person subject to the Contractor's control or any other person including members of the general public, caused in whole or in part by, a) the Contractor's breach of any term or provision of this contract; or, b) any negligent or willful act or…