Attachment 2_Turkey Electronic HW_PWS_102125.pdf

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TURKEY ELECTRONIC WASTE DISPOSAL CONTRACT

Table of Contents

LRL

0.0 PERFORMANCE WORK STATEMENT (PWS)

0.1 CONTRACTOR PERSONNEL

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 PERMITS AND SPECIAL REQUIREMENTS

1.1.2 SHIPPING AND DISPOSAL DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 CONVEYANCE VEHICLE, TRAILER, AND SHIPPING CONTAINER

SECURITY

1.1.5 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

1.1.6 CONTRACT RELATED INFORMATION DISCLOSURE

1.2 REMOVAL

1.2.1 USG EQUIPMENT AND PERSONNEL

1.2.2 LOADING

1.2.3 WEIGHING OF ITEMS

1.2.3.1 TASK ORDER (TO) ADJUSTMENTS

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL

2.1 HW TREATMENT AND DISPSOAL TECHNOLOGIES

2.2 DEMILITARIZTION/MUTILIZATION

2.3 OFF SITE DEMILITARIZTION/MUTILIZATION PLANS

2.4 FACILTY REQUIREMENTS

3.0 RESERVED

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF USG INSPECTION

6.3 RESERVED

6.4 CONTRACTOR REPRESENTATIVE

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6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR HW REMOVALS AND PERFORMANCE OF SPECIAL

SERVICES

7.1 EXPEDITED PERFORMANCE OF SPECIAL SERVICES

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES

ACCEPTANCE, INVOICING, AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 PERIOD OF PERFORMANCE

11.0 ACRONYMS AND TERMS

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0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Turkey Electronic Waste Disposal Contract.

Contractor work under this contract will consist primarily of the removal, transportation, and disposal of electronic waste. The electronic waste is generated at the United States (U.S.)

Department of Defense (DoD) installation located at Incirlik Air Base.

b. For purposes of this contract, “TSDF” shall refer to Treatment, Storage, and Disposal Facility. TSDFs are only qualified for use in support of this contract when they are licensed by the host nation (HN) designated authority and listed on the Defense Logistics Agency (DLA) Qualified Facilities List (QFL) at https://www.dla.mil/Disposition-Services/Offers/Hazardous- Waste-Disposal/. (Scroll down to “Qualified Lists” and click on the “Qualified Facilities” link.)

The Contractor shall utilize only TSDFs that are listed in the QFL from the time of removal to final disposal.

c. Handling and management of hazardous waste (HW) performed by the Contractor under this contract shall be performed in strict compliance with the Final Governing Standards (FGS) for the Republic of Turkey. Additionally, the Contractor shall perform work under this contract in accordance with Host Nation (HN) law, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation, and disposal of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of this contract.

Contractor requirements defined under this contract are not intended and shall not be construed to supersede existing HN or EU laws, regulations, or decrees issued by competent authorities.

Any perceived contradictions between the contract requirements stated herein and applicable governing authorities shall be reported by the Contractor to the DLA Contracting Officer (KO) prior to commencement of subject work or actions. The KO will issue a waiver from performing the work as written if such a waiver is deemed warranted.

d. The standard removal time for electronic waste is 20 business days. Business days are defined in Section 1.1.6.

e. Minimum Task Order (TO) charges under this contract will be $ 1,000.00 except where otherwise specified in the contract, including but not limited to various special services. Containerized and bulk HW removals will be ordered on separate TOs.

f. This contract is a firm-fixed price, indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract. It allows the KO to make monetary deductions and/or file a negative mark on the Contractor’s Past Performance record when an Acceptable Performance Level (APL) is not met. See Sections 4.0 and 4.1.

The contract consists of one (1) 30-month Base Period. See Federal Acquisition Regulation (FAR) 52.217-8 for more information regarding contract extensions.

g. Contracting Officer Representatives (COR) assigned to this contract are appointed by the KO and are authorized in writing to perform specific technical and administrative functions. The Contractor will receive a copy of the written COR appointment(s). It will specify the extent of each COR's authority to act on behalf of the KO. CORs are not authorized to obligate USG funds or commit to changes that will affect pricing, quality, https://www.dla.mil/Disposition-Services/Offers/Hazardous-Waste-Disposal/ https://www.dla.mil/Disposition-Services/Offers/Hazardous-Waste-Disposal/

SP4500-25-D-XXXX Page 4 of 27 quantity, delivery, or any other term or condition of the contract.

0.1 CONTRACTOR PERSONNEL

For purposes of this contract, the term “Contractor” shall refer to the contract awardee’s parent company, its owners, officers, employees, agents, representatives, joint venture partners, and subcontractors including transporters and TSDFs who perform work on and off DoD installations in association with every TO issued by the DLA KO under this contract.

a. The Contractor shall provide qualified personnel to perform work under this contract.

Qualifications shall be maintained and certified as required by HN laws, regulations, and DoD installation policy. See Section 1.1.1 for more information on training requirements.

b. The Contractor shall provide a list of the names and telephone numbers of the Contractor’s Contract Manager, alternate Contract Manager, and on-site Technical Representative to the COR. This list shall be updated within three (3) business days following a change in personnel and/or phone number.

c. The Contractor’s Contract Manager and their designated alternate shall have full authority to act on behalf of the Contractor in all matters relating to the performance of this contract, including all contract arrangements and scheduling coordination. The Contractor agrees that notice by the USG to the designated Contract Manager or alternate Contract Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the personnel so designated.

d. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Contractor personnel shall have the ability to communicate via cellular phone with the CORs and the Contractor’s Contract Manager when they are on-site or performing work under this contract.

e. The Contract Manager, alternate Contract Manager, and on-site Technical Representative shall be proficient in reading, writing, and conversing in the English language. Contractor personnel who package, handle, mark, label, and transport containerized and bulk HW shall have the ability to engage in conversational English. All correspondence related to this contract shall be provided in the English language.

1.0 REMOVAL PHASES

The requirements for removal of HW under this contract are divided into three main phases:

Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor shall always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure all personnel handling electronic waste are properly and currently trained per HN and DoD installation requirements to the level of expertise required for performing the removal and disposal or electronic waste. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) appropriate to the scope of work required on the TO. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on USG property.

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1.1 PRE-REMOVAL

1.1.1 PERMITS AND SPECIAL REQUIREMENTS

a. The Contractor certifies it has been duly authorized to operate and do business in the country or countries in which this contract services are performed and that they shall fully comply with all laws, decrees, labor standards, and regulations of the HN and transit countries during the performance of this contract. The Contractor shall, without additional expense to the USG, be responsible for obtaining all necessary licenses, permits, notifications, agreements, customs, and procedures IAW applicable laws, codes, and the FGS for Turkey in connection with the execution of work requirements. All Contractor personnel must be fully trained, physically capable, and readily available to perform the services specified in this contract at the time of award.

b. The Contractor is required to receive specialized training provided by the USG to gain requisite credentials for accessing and performing work on DoD installations. Drivers who transport electronic waste must receive DoD accredited ADR training and maintain annual certification. Other training requirements may include Hazardous Waste Operations and Emergency Response (HAZWOPER), Contractor pass and identification (ID) requirements, Anti-Terrorism (AT) training, and more. The Contractor will not be paid by the USG to attend such training or acquire such credentials except when doing so during the performance of work under an issued TO. All Contractor personnel shall wear ID badges as required on each DoD installation.

c. The Contractor shall take additional immediate precautions as the KO or other USG official may require for safety and/or mishap prevention purposes. All USG and Contractor personnel have the responsibility and authority to halt work if perceived safety hazards exist.

d. The Contractor shall be responsible for personnel injuries and property damages occurring due to negligent actions taken by the Contractor.

1.1.2 SHIPPING AND DISPOSAL DOCUMENTATION

a. In addition to the requirements identified herein, the Contractor’s transporters must comply with the most current manifest regulations including digital formats. The Contractor shall prepare (in quadruplicate), complete, and return signed copies of manifests and other shipping documents as required by law in Turkey and other HN countries through which the electronic waste is transported or disposed.

b. All shipping documents shall include the designated Generator, Transporter, and TSDF Identification (ID) numbers, even when not required under HN transportation laws and regulations. The Contractor shall obtain these designated ID numbers for inclusion on manifests from the Generator, Transporter, and TSDF, respectively. Business Registration or Business License Numbers for TSDFs shall be those assigned or recognized by the HN government, and unique to each TSDF.

c. The Contractor shall provide advanced reading copies of the manifests and other related documents to the COR at least five (5) business days prior to the removal of the electronic waste from the installation.

d. The COR will attempt to notify the Contractor of any required corrections to the

SP4500-25-D-XXXX Page 6 of 27 documents prior to the scheduled removal. When applicable, a TO modification will be issued.

Removal may be halted by the COR until the required changes are provided to the COR.

e. Delays in removal of electronic waste from the installation due to incomplete or inaccurate documentation provided by the Contractor will be at the Contractor’s expense.

f. Copies of outbound manifests and other shipping documentation shall be furnished to the COR, IEO, and HN authorities as required on or before the same day as shipment.

g. The COR has authority prior to shipment, to decline signing of documents for loads not prepared in compliance with applicable transportation, safety, or environmental regulations.

h. All electronic waste will remain within the borders of Turkey from the point of generation or pickup location to the final TSDF when qualified facilities are available.

1.1.3 NOTIFICATIONS

a. Unless otherwise specified in this contract, the Contractor shall notify the COR and IEO representative at least five (5) business days BEFORE attempting installation access to conduct business related performance under this contract.

(1) In addition to the above notification requirement, within two (2) business days prior to all electronic waste removal efforts, the Contractor shall provide the COR with the following transporter information:

(a) Transporter company name,

(b) Driver’s name,

(c) Commercial Driver’s ADR Certification number and expiration date,

(d) Contractor Personnel badge number and expiration date, if applicable,

(e) Truck badge number and expiration date, where applicable, and

(f) Other information as required by the Security office

(2) The Contractor may proactively provide the COR with a list of qualified drivers designated to perform removals under this contract, along with the above information. However, for proper Security notification, the Contractor must notify the COR of the specific driver scheduled to arrive for each removal effort.

(3) If a driver other than the one scheduled arrives to perform a removal, the COR and/or other designated USG representative will verify the personnel change with the Contractor before the removal commences. This will require written notice from the Contractor and may result in the driver’s late arrival to the pickup location.

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c. Notification requirements for an excusable delay request. If at any time following the issuance of a written TO the Contractor determines standard removal times for any electronic waste item(s) cannot be met due to unforeseen circumstances at the TSDF(s) beyond the Contractor’s control, the Contractor shall notify the KO and COR accordingly, in writing via email by close of business the following business day. Written notifications shall include the subject TO number and line item(s), reason(s) for the delay, provision of verifiable documentation from the TSDF(s), and the estimated date and time of performance completion.

Verifiable documentation shall include written evidence showing earnest attempts were or are being made by the Contractor to utilize at least one alternative qualified TSDF needed to meet the performance requirements in the contract. The KO requires proper notification to make an informed decision regarding the Contractor’s asserted inability to perform timely due to factors beyond their control. Failure by the Contractor to provide proper notification to the KO shall constitute a waiver by the Contractor to exercise an excusable delay request.

(1) Following proper notification, if the KO determines the Contractor has met the burden of proof to demonstrate the delay is beyond the Contractor’s control, the following conditions apply:

(a) The USG reserves the right to issue a new (standalone) TO for impacted TO line(s) or modify and re-issue a previously issued TO. Minimum TO charges will not apply to these TOs.

(b) The Contractor shall provide biweekly TO updates to the KO and COR beginning 14 calendar days after the new or modified TO is issued. Updates shall include the status of the TO, the estimated time/date for removal, and further verifiable documentation from the TSDF(s) for the KO to make an informed decision whether the delay remains beyond the control of the Contractor. The requirement for TO updates will terminate when the Contractor’s requirements under the TO have been met.

(c) The Contractor will notify the KO and COR immediately upon determining that meeting standard removal times will resume.

(d) If a delay situation arises after issuance of a TO having a combination of impacted and non-impacted wastes, the KO COR, and Contractor will mutually agree upon how best to address the situation with subsequent TO issuances and execute a contract modification memorializing said agreement.

1.1.4 CONVEYANCE VEHICLE, TRAILER, AND SHIPPING CONTAINER SECURITY

a. The USG at some pickup locations may require that trucks and trailers be locked before departure from the location. The COR will notify the Contractor prior to removals when and where such requirements apply. In such cases, the Contractor shall provide the lock. The Contractor shall provide and apply a tamper-evident security seal on the cargo access door(s) of

SP4500-25-D-XXXX Page 8 of 27 the truck, trailer, or shipping container for confirmation of an “intact” seal and removal by the Contractor at the transportation destination. The Contractor will in all cases comply with HN and EU laws, including ADR and IMDG regulations as they pertain to the security of conveyance vehicles, trailers, and shipping containers.

b. The USG and Turkish authorities (i.e., Customs) have the right to request identification and/or endorsement(s) from the driver beyond what is specified in this contract. The USG further has the right to refuse installation access and to stop Contractor work of any kind, at any time, for any reason if/when the USG believes a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for USG reimbursement to the Contractor. The driver must have proper authorization to leave the installation.

1.1.5 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

a. Services performed under this contract shall be performed during normal hours of operation on standard business days. Normal hours of operation are 0700-1600 hours. Standard business days are Mondays through Fridays, except when U.S. federal holidays are observed.

Turkish holidays listed below also will not constitute standard business days for Contractor employees.

b. Work that cannot be completed by close of business (COB) shall be discontinued and resumed by the next standard calendar day unless authorization to complete work outside normal business hours is granted by the IEO. Routine services will not be scheduled for non-standard business days including U.S. federal holidays, Turkish holidays, and other days designated by national government proclamation. The following is a list of current U.S. Federal holidays and Turkish holidays:

U.S. Federal Holidays Dates New Year’s Day 1 January* Martin Luther King Jr. Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19 June* Independence Day 4 July* Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November* Thanksgiving Day 4th Thursday in November Christmas Day 25 December*

*These holidays are observed on the preceding Friday or the following Monday when the holiday occurs on a Saturday or Sunday, respectively.

Turkish Holidays Dates New Year’s Day 1 January

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Ramazan Bayrami Variable* National Sovereignty Day 23 April Labour and Solidarity Day 1 May Commemoration of Ataturk 19 May Kurban Bayrami Variable* Democracy and National Unity Day 15 July Victory Day 30 August Republic Day 29 October

*The date of these holidays can change every year.

1.1.6 CONTRACT RELATED INFORMATION DISCLOSURE

The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the KO providing approval in writing prior to release. The Contractor shall immediately notify the KO upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or HN officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the KO.

1.2 REMOVAL

DD Form 1155 – Order for Services (Attachment 5) shall be completed for all services performed on a TO. At the time of removal, the Contractor shall complete the DD Form 1155 for each removal/transport of electronic waste, to record quantities removed. The quantities so annotated shall be the basis for payment. Once the electronic waste has been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the IEO representative’s signature to confirm the quantities removed, and to verify the removal services.

No payment for removal of electronic waste or any other requested service shall be paid without the certified form. The latest version of the DD Form 1155 is available at http://www.esd.whs.mil/DD/.

1.2.1 USG EQUIPMENT AND PERSONNEL

The USG shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of USG-owned loading equipment (Section 1.2.2) and USG-owned scales (Section 1.2.3). The Contractor shall not rely on these exceptions and must always assume no such assistance will be furnished unless prior arrangements have been made with the COR and/or IEO. Any other offers of assistance by the USG are unauthorized, and the Contractor shall not accept any such offers.

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

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1.2.2 LOADING

a. The Contractor’s representative shall arrive on time at the pickup location but no more than 60 minutes after the scheduled removal time and date. In the event the Contractor anticipates a late driver arrival, before the scheduled appointment time, the Contractor will notify the USG representative with whom the scheduled appointment was made.

b. The Contractor is responsible for loading and furnishing all equipment appropriate for the safe and efficient loading of electronic waste. Such equipment will include a lift gate on the conveyance vehicle and/or a forklift or pallet jack as appropriate for the job. The Contractor should never assume Material Handling Equipment (MHE) will be provided by the USG. The USG will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance vehicles furnished by the Contractor.

c. The USG may offer to assist the Contractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the USG will make the initial placement or “tailgate” items at the rear of the Contractor’s conveyance vehicle or trailer. The initial placement will be as determined by the USG.

1.2.3 WEIGHING OF ITEMS

a. Verification of TO weights is required in the presence of the COR. USG scales will be used when available, operable, and authorized by the USG. The Contractor shall be responsible for determining the availability of USG scales by contacting the COR. All scales used for purposes of this contract shall be IAW current calibration standards. The annual calibration certificate shall be provided to the COR when the Contractor’s portable scales are used. If/when scales are not available for containers too large for the Contractor’s portable scale, the Contractor may weigh the HW at calibrated public scales at no additional cost to the USG. In such cases, the Contractor shall provide certified weight tickets to the COR within two (2) full business days following removal.

b. For payment purposes, weights shall include the weight of the containers and pallets that will be destroyed or disposed of with the electronic waste at the TSDF.

c. If an IEO representative has previously weighed the waste and the Contractor agrees with the weight, weighing of the electronic waste in the presence of the COR is not required.

1.2.3.1 TASK ORDER (TO) ADJUSTMENTS

TO weights and volumes are sometimes estimates. The Contractor should expect that TO weights and/or volumes will require adjustment upward or downward as removals take place and the actual quantities being removed are determined. Therefore, the USG has the unilateral right to adjust the TO quantity when they’ve been over or underestimated for removal, to allow the Contractor to complete the performance. In cases of adjustments resulting in a decreased weight/volume, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the USG to issue TO modifications unilaterally for quantity changes, noun description changes, CLIN changes, adding/deleting

SP4500-25-D-XXXX Page 11 of 27 lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the USG’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued TOs, and no changes will be made to the terms and conditions of the contract.

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

a. At the time of HW removal, the Contractor shall provide to the COR with a transporter-signed copy of completed manifest(s) and other shipping documents as required prior to commencing transportation on public roads.

b. Copies of other shipping documents required by local and national transportation laws and regulations including those enforced under ADR, IMDG Code, and when applicable, transboundary notifications for exports, shall also be provided to the COR at the time of removal.

c. Shipping documents shall indicate the HN-assigned TSDF ID number, DLA Contract number, TO number, and Line-Item number.

d. Within 15 calendar days following delivery of the waste to the final disposal facility, the Contractor shall provide to the COR with a copy of the manifest(s) and other shipping documents, signed by a principal representative of the final TSDF.

e. If within 30 calendar days from the removal date, the waste has not yet been delivered to the manifest designated TSDF, the Contractor shall notify the COR in writing of the current status and physical location of the HW.

f. The Contractor’s failure to properly perform IAW any part of this Section will be documented accordingly in the Acceptable Performance Levels (APLs) per Section 4.0, and appropriate action will be taken as determined by the KO.

g. The Contractor will submit an Invoicing packet to DLA Disposition Services IAW

Section 8.1, which will include a copy of all shipping documents signed by each TSDF.

2.0 DISPOSAL

a. The Contractor shall remove, transport, and dispose of electronic waste (e-waste) turned in by the U.S. Government (USG) at Department of Defense (DoD) installations serviced under this contract. The Contractor shall provide the USG with a documented chain of custody, tracing the e-waste from the point of pickup to the final disposal location ("cradle to grave").

This documentation shall include [Specify the required information, e.g., dates, locations, personnel involved, quantities, disposal methods.

b. While TSDFs are required under their HN license(s) to prevent the acceptance of unauthorized wastes, the Contractor remains responsible for ensuring that properly profiled

SP4500-25-D-XXXX Page 12 of 27 wastes are shipped only to facilities authorized to receive those specific waste types under their respective HN permits.

c. The Contractor shall comply with all HN environmental regulations pertaining to hazardous waste management. The Contractor is responsible for promptly notifying the USG if a task order (TO) issued under any Contract Line-Item Number (CLIN) requires a disposal technology that conflicts with local, national, or international regulations.

d. Land disposal of HW is permitted only when authorized under HN environmental laws and when a reasonable certainty exists that there will be no likelihood of migration of hazardous constituents from the disposal site for as long as the materials remain hazardous. HW may be land disposed of only at facilities with valid licenses from the appropriate authorities in the country where the facility is located, and only after the materials have been rendered inert or chemically inactive and are in a solid physical state.

2.1 HW TREATMENT AND DISPOSAL TECHNOLOGIES

The Contractor shall comply with Turkish environmental laws and regulations when selecting HW treatment and disposal technologies. The current FGS for Turkey does not specify any treatment and disposal technologies. Treatment residues of wastes that are categorized as HW based on EWC shall continue to be managed as HW.

2.2 DEMILITARIZATION/ MUTILATION (MUT)

a. DoD Electronic Waste property turned in under this contract will require demilitarization (DEMIL) of the property. Property requiring DEMIL by the USG shall be so identified on the TO.

b. For the purposes of this contract, DEMIL shall mean the act of permanently eliminating the physical and functional capabilities of unique U.S. military property, rendering it unusable for its original purpose. DEMIL required property refers to property that is subject to demilitarization requirements. "DEMIL" stands for demilitarization, which is the process of rendering military items or equipment that are no longer needed or are being disposed of incapable of being used for military purposes. This type of property is typically regulated by the U.S. State Department. In essence, DEMIL required property is managed with strict protocols to ensure that sensitive or potentially dangerous items are appropriately rendered non-functional for military use before they are disposed of or transferred. These items necessitate detailed line-item inventory controls and must be reduced to scrap level, as defined below.

c. Obsolete or excess commercial grade electronics, basic off the shelf electronics that have not been modified by the Department of Defense. The Purchaser agrees that all electronic scrap, as defined in this contract, shall be properly mutilated and rendered to scrap a state that eliminates any potential for reuse, repair, or resale. Mutilation shall include, but is not limited to, the destruction of all circuit boards, memory components, and internal storage devices, as well as the shredding, or otherwise physically rendering the electronics unrecognizable and inoperable.

All property will be rendered to scrap in accordance with the definition provided below, ensuring that it is completely decommissioned and no longer usable or reusable in any form.

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d. Following final disposal of the demilitarized property, the Contractor shall provide all documentation IAW Sections 1.3.1 and 2.0 of this Performance Work Statement.

e. The Contractor is responsible for operating the DEMIL/MUT area and performing all required DEMIL/MUT procedures.

f. Certification of DEMIL/MUT completion will be executed immediately after the procedure is finished. Performance is not complete until the DEMIL/MUT certificates are signed and dated by authorized personnel.

g. "DEMIL/MUT must be performed off-site, within Turkey.

h. Prior to commencing DEMIL/MUT, the DEMIL Coordinator at the USG collection site must approve the proposed method and extent of DEMIL/MUT for all affected items. This approval will be provided to the Contractor before the removal of the USG property from the collection site.

i. Some items requiring DEMIL/MUT may contain hazardous components. The

Contractor is responsible for collecting all hazardous materials and waste generated during DEMIL/MUT in Contractor-provided containers. The Contractor is responsible for disposing of all hazardous property generated at the Contractor's site.

j. All DEMIL/MUT procedures require 100% observation by a USG representative and/or approved Contractor representatives (Certifier and Verifier).

k. All removed property must be secured at the Contractor's facility. Property designated by the USG for DEMIL/MUT must be stored separately from all other property.

l. The Contractor must ensure that each DEMIL/MUT site has at least two (2) USG-approved DEMIL/MUT certifiers readily available.

m. The Contractor is responsible for providing DEMIL/MUT certifications.

2.3 OFF SITE DEMILITARIZATION/MUTILATION PLANS

a. The Contractor must begin and complete DEMIL/MUT on all items removed from the USG collection site on the date of removal and during the USG collection site's operating hours. Ideally, processing will commence immediately upon arrival at the Contractor's facility;

the breaking of the sealed container must be witnessed by the COR. Property designated by the USG for DEMIL/MUT must be stored and processed separately from non-DEMIL/non-MUT property, in a manner that allows for USG inspection at any time. The Contractor must adhere to the DEMIL/MUT plan provided and accepted by the KO, which details the procedures and locations for DEMIL/MUT of specific items.

b. To ensure the security of property requiring DEMIL/MUT, the Contractor's containers will be locked and sealed. The Contractor shall provide and apply a tamper-evident security seal on the cargo access door(s) of the truck, trailer, or shipping container to confirm an "intact" seal upon arrival at the transportation destination. Both the Contractor and the COR must

SP4500-25-D-XXXX Page 14 of 27 witness the sealing of the container at the USG facility. The COR will follow the Contractor to the Contractor's facility.

c. The COR will inspect the seals before unloading at the Contractor's facility. Any discrepancies must be reported to the COR immediately, followed by a written explanation from the Contractor to the KO within 24 hours of discovery. Regardless of other provisions in this contract, the USG reserves the right to reject and withhold payment for transportation services that do not meet the specified physical security requirements.

d. The USG will ensure a USG verifier (U.S. citizen) is present, and the Contractor must provide a technically trained and qualified Contractor certifier to witness 100% of DEMIL/MUT.

Note: The Contractor should only schedule the DEMIL/MUT of an amount of property that can reasonably be processed within one (1) business day, including travel time. However, if the task cannot be completed within the specified timeframe, a joint inventory of all remaining property (not yet DEMIL/MUT) is required. The Contractor must provide a secured location equipped with video surveillance cameras that are approved by the COR for storage until the property can be DEMIL/MUT on the following calendar day see section 2.4.

e. In addition to the requirements in PWS Section 1.2.3, the weight of each shipment must be recorded on the shipping document and witnessed by the COR or other USG personnel.

The gross, tare, and net weight of each shipment must also be recorded on DLA Form 1367 (Attachment 10).

f. The Contractor must ensure a DEMIL/MUT Certificate is completed and signed by an approved certifier and verifier immediately after the property is destroyed. The Contractor must provide written certification that DEMIL/MUT was performed according to DoD regulations. The Contractor is responsible for disposal of all residual material (hazardous or solid waste) generated during DEMIL/MUT. Employees performing DEMIL/MUT must possess all required permits and licenses (e.g., torch cutting permit, shredder operator license, crane operator license, forklift operator license) and comply with all host nation (HN), international, and prefectural laws. All DEMIL/MUT work must be performed at approved facilities.

2.4 FACILITY REQUIREMENTS

Contractor facility shall have:

1. Security fencing around entire facility, if the processing facility is fully enclosed fencing requirements do not apply.

2. Certified truck and pallet scales on-site that produce printed weight tickets.

3. Controlled entrances to DEMIL/MUT area.

4. Limited access to essential employees.

5. A 14-day minimum recording and retrieval capacity for the security cameras and access for

Agency personnel to view if necessary. The number of security cameras shall be adequate to monitor all unprocessed property areas of the Government property.

Fencing requirements for non-enclosed facilities / outdoor material processing areas:

SP4500-25-D-XXXX Page 15 of 27

Industry standard fencing materials will be utilized and can vary depending on application. Some commonly used fencing materials that will meet the Governments requirement include:

1. Chain link Fencing made from galvanized steel wire woven into a mesh pattern.

2. Wrought Iron Fencing.

3. Aluminum Fencing.

4. Wood Fencing.

5. Vinyl Fencing.

6. Steel Fencing.

The fencing must be 6 feet tall, irrespective of the material used, and the gap between components will not exceed 4 inches.

Gates - The barrier will have a minimum equal or greater resistance to penetration as the adjacent fence. Manual vehicle gates will be secured with industry standard locking mechanisms.

The Contractor may propose alternative fencing materials for consideration, provided they meet or exceed the standards outlined in this contract. Such materials shall be subject to approval by the KO.

3.0 RESERVED

4.0 ACCEPTABLE PERFORMANCE LEVELS

a. Acceptable Performance Levels (APL) are the minimum performance levels of specific requirements which the Contractor must achieve or risk having the USG consider performance unsatisfactory and potentially impose monetary deductions from the Contractor.

Specification of an APL below 100% does not allow the Contractor to knowingly provide defective service. Recognizing that defective performance may sometimes occur unintentionally, and as long as the performance percentage does not fall below the specified APL, the USG will not assess for poor performance or demand consideration other than the Contractor shall be required to re-perform or correct the defective service or product at no additional cost to the USG.

b. The surveillance method shall be from COR checklists, COR Status Report(s) (CSR) furnished by the COR, on-site inspections, customer feedback, and/or tracking of final disposal submittals. All negative and positive actions/performance shall be the basis for past performance annotations.

c. Performance incentives for the Contractor shall include, but are not necessarily limited to, favorable impact of future awards of the same requirement, and future awards of similar requirements by DLA Disposition Services as well as other USG and non-USG entities that may review performance of this contract.

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

SP4500-25-D-XXXX Page 16 of 27

DELIVERABLE STANDARD ACCEPTABLE

PERFORMANCE LEVEL

(APL)

METHODS OF

SURVEILLANCE

#1

Timely Performance of

Services

Performance of services within the timeframes specified in Section 7 – Standard Times for Removals.

No more than three (3) occurrences during a 12-month period.

100% Review of COR Status Reports(CSRs).

Customer’s Verification of Services.

#2 Compliant Pre-

Removal

The Contractor completes all requirements, documents and notifications IAW Section 1.1

– Pre-Removal.

No more than 5 occurrences where submissions were returned for missing or incorrect data.

100% Review of COR Status Reports(CSRs).

Customer’s Verification of Services.

#3 Compliant Removal

The Contractor arrived on time and with the required equipment and in good working order to safely complete removal or service IAW Section 1.2 - Removal.

No more than three (3) occurrences where Contractor did not meet these requirements during a 12-month period.

100% Review of COR Status Reports(CSRs).

Customer’s Verification of Services.

#4 Compliant Post-

Removal

The Contractor provided all required disposal documentation IAW Section

1.3 – Post Removal.

No more than five (5) occurrences where submissions were returned for missing or incorrect data.

100% Review of COR Status Reports(CSRs).

Customer’s Verification of Services.

NOTE: The USG reserves the right to also conduct additional surveillance/review of final tracking information and/or delay all payments until after final tracking information is received if warranted by performance problems in this area.

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LISTS (QFL/QTL)

a. The Contractor shall identify each TSDF to perform a service under this contract. Each facility must be in good standing with the HN regulatory community. TSDFs approved for use under this contract are only approved subject to all services being performed in accordance with all applicable regulations, permits, and conditions of the HN and this contract. The Contractor must have the capability to meet the removal and disposal for all waste streams in the timeframes required by the contract. The Contractor will only utilize facilities and transporters listed on the Qualified Facilities List (QFL) and Qualified Transporters List (QTL) when performing removals for disposal services. The QFL and QTL is located on the DLA Disposition Services Website at:

https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.as px.

b. The Contractor is responsible to ensure their services and Subcontractor services are performed IAW:

1. The contract terms and conditions, and

2. All local and HN laws and regulations including Environmental Final Governing Standards

(FGS), Overseas Environmental Baseline Guidance Document (OEBGD), Contingency Location Environmental Standards (CLES), and Basel Convention if applicable.

c. When a firm is listed on the QFL and/or QTL, DLA Disposition Services does not declare that the facility and/or transporter meet the requirements of this contract or that the facility and transporter https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

SP4500-25-D-XXXX Page 17 of 27 provides services IAW all applicable laws, regulations, and standards in accordance with the HN. COR approval of shipping paperwork also does not absolve the Contractor from ensuring their services or Subcontractor services meet these requirements. If firms listed on the QFL or QTL do not meet contract terms and conditions or are unable to perform IAW all applicable laws, regulations, and standards of the HN, the Contractor must propose firms that will meet these requirements.

d. Any damages, spills, contamination, violations and/or fines resulting from Contractor or Subcontractor provided services will be the responsibility of the Contractor to correct such issues to the satisfaction of the USG at no additional cost to the USG. The Contractor will provide the USG with proposed corrective actions, and the USG will determine if the corrective actions are sufficient. The Contractor will reimburse the USG for any fines that result from the Contractor or Subcontractor services. The Contractor will also reimburse the USG for paid services that result in damages, spills, contamination, violations and/or fines.

e. For supply services where waste is not being shipped, those transporters are not required to be on the QTL, e.g., transporters dropping off empty shipping containers are not required to be on the QTL.

f. Transporters relocating waste within a DoD installation are required to be on the QTL.

5.1 ADDING/UPDATING QUALIFIED FACILITIES AND TRANSPORTERS

a. TOs bearing disposal CLINs that haven’t been assigned in the Hazardous Material Management System (HMMS) to their designated TSDF EPA ID Number cannot to be issued until DLA Disposition Services has completed the assignments for those CLINs going to that TSDF. The Contractor will complete a Facility-CLIN Assignment Sheet referencing potential Base CLINs destined for the proposed TSDF and during the life of the contract. The Contractor will email the completed Facility-CLIN Assignment Sheet to TSDFandTransporterInquiries@dla.mil and cc: the KO. This is only required when the designated TSDF has never received these CLINs in the past. When the Contractor requests the addition or update of a qualified facility, the Contractor will indicate all disposal Base CLINs to the QFL application/update form. CLINs may be added to a qualified facility anytime during the life of the contract, provided the CLIN descriptions and permissible Waste Codes are compliant with the facility’s permit.

b. The Contractor will review the QFL and QTL prior to each removal to ensure the facilities and transporters to be used are listed on the QFL and QTL.

c. The awarded prime Contractor will be the only entity to request additions and updates to the QFL and QTL. TSDFs and transporters are not authorized to ‘self-nominate’ in support of a DLA contract.

d. Contractor inquiries and applications for additions and updates will be sent to the following email address and cc the KO and COR: TSDFandTransporterInquiries@dla.mil.

e. The Contractor will complete DLA Form 2507, QFL Application, for both a new facility to the QFL and updates to current facilities on the QFL (available on the DLA Official Forms website at https://www.dla.mil/Forms/).

mailto:TSDFandTransporterInquiries@dla.mil mailto:TSDFandTransporterInquiries@dla.mil https://www.dla.mil/Forms/

SP4500-25-D-XXXX Page 18 of 27

f. The Contractor will complete DLA Form 2503, Transporter Qualification Form (Attachment 7) for new QTL applicants and updates (available on the DLA Official Forms website at https://www.dla.mil/Forms/).

g. If the Contractor requests or updates a facility or transporter where required documents are not in English, the Contractor will provide the original supporting documents in the HN language with English translated documents at no additional cost to the USG. All translations must be typed and legible.

Documents must contain a translation certification but can be self-certified by the Contractor without using a professional translation service. The person who translates the document into English for the Contractor must attach a formal letter stating that they:

1. Are qualified to translate the document because they are competent in both English and the document’s original language.

2. Translated the document accurately and completely to the best of their abilities.

In addition, the letter must include the following information about the translator:

1. Full name of translator

2. Translator’s signature

3. Translator’s address

4. Date the translator wrote the letter

The USG reserves the right to reject any translation and may require translation from a professional translation service at no additional cost to the USG.

h. The proposed facility or transporter will not be added or updated to the QFL and QTL if requested documentation is not provided or if any of the reasons in section 5.2 through 5.3 apply.

i. The request by the Contractor to have a facility or transporter added to the QFL and QTL after contract award does not relieve the Contractor of their obligation to perform IAW existing CLIN prices.

j. The rejection/removal of a facility or transporter from the QFL/QTL does not relieve the Contractor from performing all contract requirements IAW existing CLIN prices.

5.2 FACILITY REMOVAL

At any time during the period of this contract, USG will remove the facility from the QFL if any of the following applications:

1. The facility is no longer in operation.

2. The facility is a significant non-complier (including, but not limited to OEBGD/ CLES non-compliance, or HN significant environmental violations) and has not entered into a compliance schedule or similar action.

3. The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days of the time of issued order or judicial action.

4. The facility has a history of noncompliance (including but not limited to OEBGD/CLES non-conformance and local violations, HN violations, etc.) or exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent https://www.dla.mil/Forms/

SP4500-25-D-XXXX Page 19 of 27 agreement with the regulatory authorities and performing in compliance with the agreement for at least six months. Repeated violations indicate a lack of "good faith".

5. The facility has groundwater contamination or does not meet groundwater anti-degradation policy.

6. The facility does not have adequate permits or is not capable of handling the proposed waste.

7. The facility received a negative recommendation resulting from a DLA Disposition Services site visit or a third-party audit conducted on DLA Disposition Services’ behalf without substantive evidence of corrected deficiencies.

8. The facility transports DoD waste to a facility not on the QFL.

9. The facility's financial assurance is not sufficient to protect USG’s long-term interests.

10. The facility is unable to demonstrate tracking of DoD waste from entry to exit.

11. The facility manages property in a manner that causes the generator of the manifest to file exception reports IAW 40 CFR 262.42 or HN equivalent.

12. The facility has not received DLA Disposition Services wastes for a period of twelve consecutive months.

13. Requested facility documentation is not provided.

14. The facility operates in a manner that is not IAW this contract.

15. The facility does not have or does not enforce 24-hour security measures.

16. The…