Attachment 2 - Turkey HW PWS v020821.pdf

Defense Logistics Agency Disposition Services

Attachment 2 – Hazardous Waste Blanket Purchase Agreement (BPA)

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

Table of Contents

1. PERFORMANCE WORK STATEMENT

1.1. PERFORMANCE PERIOD

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

1.3. WASTE REPORTING

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

1.5. INDEMNIFICATION

1.6. BPA MINIMUM/MAXIMUM

1.7. MINIMUM TASK ORDER SERVICE CHARGE – CLIN N75000

1.8. HOLIDAYS AND HOURS OF OPERATION

1.9. CONTRACTOR PERSONNEL

1.10. CONTRACT RELATED DATA DISCLOSURE

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

2. REMOVAL PHASES

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.3. RESERVED

2.1.4. CONTRACT LINE-ITEM NUMBER DISCREPANCIES

2.1.5. NOTIFICATIONS

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

2.2. REMOVAL – CLINs N04000 to N39999

2.2.1. SPILL RESPONSIBILITY

2.2.2. SEGREGATION OF HAZARDOUS WASTE

2.2.3. STATEMENT ON CONTAINERS

2.2.4. UNITED STATES GOVERNMENT EQUIPMENT & PERSONNEL

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

2.2.6. LOADING

2.2.7. TRANSPORTATION

2.2.8. WEIGHING OF ITEMS

2.2.9. TASK ORDER ADJUSTMENTS

2.2.10. PHYSICAL STATE & WASTE TYPE DEFINITIONS

2.2.11. CONTAINERIZED WASTE PROCEDURES

2.2.12. BULK WASTE LIQUID PROCEDURES

2.2.13. RESERVED

2.2.14. AQUEOUS FILM FORMING FOAM CONCENTRATES, RINSATES, AND

SOLIDS – CLINs N36010 to N36050

2.2.15. RESERVED

2.3. POST REMOVAL

2.3.1. RETURN OF SHIPPING DOCUMENTATION

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

3.1. LAND DISPOSAL REQUIREMENTS

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

3.3. RESERVED

3.4. DEMILITARIZATION

3.4.1. OTHER MILITARY ITEMS

4. SPECIAL SERVICES

4.1. RESERVED

4.2. RESERVED

4.3. RESERVED

4.4. RESERVED

4.5. RESERVED

4.6. RESERVED

4.7. COMPRESSED GAS CYLINDERS & CARTRIDGES

4.8. RESERVED

4.9. RESERVED

4.10. TRANSPORTATION SERVICES – CLINs N60000 to N60999

5. ACCEPTABLE PERFORMANCE LEVELS

6. THE QUALIFIED FACILITIES & TRANSPORTERS LISTS

6.1. USE OF FACILITIES & TRANSPORTERS

6.2. FACILITY REMOVAL

6.3. TRANSPORTER REMOVAL

7. ADDITIONAL REQUIREMENTS

7.1. PACKAGING MARKING & LABELING

7.2. PLACES OF UNITED STATES GOVERNMENT INSPECTION

7.3. CONTRACTOR REPRESENTATIVE

7.4. INCIDENTAL FEES

7.5. CONTRACTOR ACCESS TO MILITARY INSTALLATIONS

7.6. SAFETY REQUIREMENTS

8. TIMEFRAMES FOR SERVICES

9. ACCEPTANCE & INVOICING DOCUMENTATION REQUIREMENTS

9.1. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

9.2. ACCEPTANCE & INVOICING

10. LIST OF CONTRACT ATTACHMENTS

11. ABBREVIATIONS, ACRONYMS AND TERMS

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

1. PERFORMANCE WORK STATEMENT

1.0.1. This BPA covers the non-personal services for the removal and disposal/recycling of hazardous and regulated substances from military installations listed in Attachment 3 as well as

United States (U.S.) military off-installation exercises in the Host Nation of the Republic of

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

1.0.2. The removal, transportation, storage, characterization, treatment, disposal, and recycling or recovery of wastes offered under this BPA are to be performed in accordance with Final

Governing Standards (FGS) for the Republic of Turkey (September 2016). Additionally, the

Contractor shall perform work under this BPA in accordance with Host Nation law, European

Union (EU) and international environmental, safety and health laws and regulations;

international agreements governing the generation, storage, transportation, and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the BPA. The FGS available at the time of this PWS issuance for the Republic of Turkey are included as Attachment 4.

NOTE: Contractor shall not co-mingle or combine waste removed from U.S. installations with that of non-U.S. generators/customers. Manifests must show clear audit trail from removal to disposal.

1.0.3. The Contractor, unless specifically stated in this BPA to the contrary, shall provide at its cost, without reimbursement, all supplies, material, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement (PWS). All

Contractor personnel are required to have appropriate current and valid working permits and shall be qualified via training and experience, commensurate with the duties they will perform.

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

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

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

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

Officer or other representative responsible for environmental oversight of the exercise.

1.1. PERFORMANCE PERIOD

This BPA includes a 30 month base, and a 30 month option period. The period of performance of this BPA starts from the award/effective date of the BPA as reflected in block 3 of the SF1449 through 30 months. Each contractor awarded a BPA will be reviewed annually to ensure that they are meeting the requirements of the contract.

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer's Representative (COR) is an individual designated by the Contracting

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

1.3. WASTE REPORTING

1.3.1. The waste reporting outlined in this section is an integral administrative requirement of this BPA. The Contractor shall include within the Price Schedule (Attachment 1) unit of measure pricing for disposal/recycling Contract Line-Item Numbers (CLINs) N04000 to N39999

& N80000 to N80999 the administrative costs of generating the reports outlined in this section.

Separate CLINs do not exist for these reports and task orders will not be issued for these reports.

1.3.2. European Waste Code and Treatment, Storage, Disposal and Recycling Facility

Listing by Contract Line Item Number (CLIN): Within 14 calendar days after award, the

Contractor shall email the COR and IEOs a spreadsheet listing the European Waste Code (EWC) and Treatment, Storage, Disposal and Recycling Facility (TSDRF) to be used for each disposal/recycling CLIN (i.e., CLINs N04000 to N39999 & N80000 to N80999). This spreadsheet must be updated and resubmitted to the COR and IEOs within five calendar days of a change in EWC or TSDRF for any disposal/recycling CLIN. The spreadsheet must be in a

Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.3.3. Monthly Waste Report: The Contractor shall provide the IEO, COR and the KO monthly a report that summarizes all waste movements from the point of generation to the final

TSDRF. The monthly report must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user. The report must be provided electronically no later than the 10th calendar day of the following month and must contain the following data fields in English for each Disposal Turn-In Document (DTID):

• DTID Number

• Removal Date

• Installation Name

• Pickup Point (Building Number and Organization)

• Delivery Order Number

• CLIN

• Waste Description (as per CLIN)

• European Waste Code

• Container Type

• Quantity of Containers

• Disposal/Recycle Weight in kilograms (kg)

• Disposal/Recycle Cost in BPA currency

• Manifest Number

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

• Final TSDRF

• United Nations (UN) Number

• Proper Shipping Name

• Hazard Class

• Packing Group

• Tunnel Restriction Code

• Additional Information (as necessary)

1.3.4. Annual Waste Report: The Contractor shall provide an annual report in English summarizing all waste movements from point of generation to disposal facility. The report must indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report must be provided to the COR and

IEO electronically no later than 31 January of each year, through the last task order issued under the BPA. The annual report must include all data elements as identified in Section 1.3.3 above and must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.3.5. Manifest Tracking Log: The Contractor shall, within 90 calendar days of receipt of waste at TSDRF, complete Defense Logistics Agency (DLA) Form 2505 – Manifest Tracking Log

(latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/), annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up (column 5) and the actual quantity https://www.dla.mil/Forms/

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020 disposal/recycled (column 13). The Contractor may use attachments to the form if necessary.

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

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

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

The Contractor is required to conduct HW removals in and around the locations listed in

Attachment 3. For each military installation listed, the primary HW removal site(s) is (are) listed. Pickups may also be required at other HW removal sites in and around the military installations listed in Attachment 3.

1.5. INDEMNIFICATION

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

1.5.2. The U.S. Government, its officials, agents, contractors, subcontractors, employees, and representatives will be held harmless from all claims or causes of action arising from, or on account of, negligent or other wrongful acts, omissions of the Contractor, its officers, directors, employees, agents, or subcontractors, in performing the work pursuant to this BPA. In addition, the Contractor agrees to pay the U.S. all costs incurred by the U.S., including but not limited to attorney’s fees and other expenses of litigation and settlement, arising from or on account of claims made against the U.S. based on negligent or other wrongful acts or omissions of the

Contractor, its officers, directors, employees, agents, subcontractors, and any persons acting on its behalf or under its control, in performing the Work pursuant to this BPA.

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

Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the U.S.

Government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the work performed pursuant to this BPA.

1.5.4. The U.S. will not be held out as a party to any contract entered by or on behalf of the

Contractor in performing the Work pursuant to this BPA. Neither Contractor nor any such subcontractors will be considered an agent of the U.S. Government.

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

1.6. BPA MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity blanket purchase agreement (BPA). The minimum guaranteed for the base period of an awarded agreement will be $2,500.00. The maximum will be 200% of the total estimated value of the blanket purchase agreement.

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

1.7. MINIMUM TASK ORDER SERVICE CHARGE – CLIN N75000

Minimum Task Order Service Charge – CLIN N75000 will be ordered in conjunction with a task order that does not meet the task order minimum set in FAR 52.216-19 amendment of this BPA.

The unit price for CLIN N75000 is set by the U.S. Government at $1.00 U.S. Dollar. The number of units ordered by CLIN N75000 will be calculated and rounded up to the nearest unit price as the difference of the actual task order and the task order minimum set in FAR 52.216-19 amendment of this BPA.

1.8. HOLIDAYS AND HOURS OF OPERATION

1.8.1. The U.S. Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this BPA will be performed, daily, during regular working hours (0730 through 1630 hours, but may vary by installation) Monday through Friday.

The specific date and time for off-site removal services, will be established by the COR, IEO and

Contractor via an email pickup request (refer also to Section 2.1.5 – Notifications). The COR and IEO will meet the Contractor at the scheduled pickup site at the agreed upon time.

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

January 1st* 1st Monday in September

3rd Monday in January 2nd Monday in October

3rd Monday in February November 11th*

Last Monday in May 4th Thursday in November

July 4th* December 25th*

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

1.9. CONTRACTOR PERSONNEL

1.9.1. The Contractor shall provide within 14 calendar days of BPA award a list of the names and telephone numbers of the Contractor’s BPA Manager, alternate BPA Manager and On-Site

Technical Representative (OSTR) to the COR. This list will be updated within five calendar days of a change in personnel or phone number.

1.9.2. The BPA Manager and alternate shall have full authority to act for the Contractor on all matters relating to the performance of this BPA, i.e., all Task Order arrangements and required coordination. The Contractor agrees that notice by the U.S. Government to the designated BPA

Manager or alternate BPA Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the employees so designated.

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

1.9.3. Contractor personnel must present a neat appearance and be easily recognized as

Contractor employees. The Contractor shall require its Subcontractors to likewise comply with this requirement. Contractor and Subcontractor personnel shall have the ability to communicate

(i.e., cellular telephones) with the DLA DISPOSITION SERVICES CORs, Contractor’s BPA

Manager, and IEO when they are on-site, transporting HW, or in case of an emergency or fire at the HW pickup location.

1.9.4. The BPA Manager, alternate BPA Manager, and the OSTR shall be able to read, write, speak, and understand English proficiently and be able to actively participate in English conversations concerning technical issues associated with this BPA. All correspondence related to this BPA and required documents referenced in this PWS will be in the English language.

1.10. CONTRACT RELATED DATA DISCLOSURE

The Contractor shall not disclose BPA related data to or discuss BPA related data with any parties not specifically addressed within the terms of this BPA. The Contractor shall refer all inquiries concerning this BPA to the Contracting Officer and COR. Under no circumstances will any statement be released to the news media directly by the Contractor or any agents of the

Contractor.

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

Both DLA DISPOSITION SERVICES and each military installation where work will be performed under this BPA have implemented an Environmental Management System (EMS) in accordance with (IAW) International Organization for Standardization 14001:2004(E) and

Department of Defense (DoD) requirements. An EMS is designed to ensure that all personnel, including contractor personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities, and authorities. The DLA DISPOSITION SERVICES EMS program is explained in agency EMS Core Instruction (available at https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_0925201

5.pdf). Contractors and their personnel are required to be aware that each military installation has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. The Contractor may obtain documents explaining the local EMS for each military installation by contacting the COR and IEO.

2. REMOVAL PHASES

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

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

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

Defense Logistics Agency Disposition Services

Attachment 2 – Hazardous Waste Blanket Purchase Agreement (BPA)

Performance Work Statement (PWS) for the Republic of Turkey

2.1.1.1. The Contractor warrants that they have been duly authorized to operate and do business in the country or countries in which this BPA is to be performed and that they shall fully comply with all laws, decrees, labor standards and regulations of the Host Nation during the performance of this BPA. The Contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs procedures in accordance with applicable laws, codes and FGS in connection with the execution of the work.

This includes acquiring all required permits, registrations, authorizations, or notifications necessary to operate in any country or on any installations listed in this BPA or intended to be used by the Contractor for transit or disposal. The Contractor’s and its Subcontractor personnel must be qualified and available to provide all the services specified in the PWS at BPA award.

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

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

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

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

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.2.1. The Contractor shall prepare, complete, and return signed copies of appropriate shipping documentation, as required by the host nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations. The Contractor shall prepare the appropriate shipping documents and notifications to applicable regulatory agencies (hereafter “notifications”) required to move and dispose of all waste listed in the BPA.

All hazardous waste leaving the installation shall be tracked in the online Waste Management

Model of Turkey (MOTAT) https://ecbs.cevre.gov.tr/KullaniciIslemleri/Giris to ensure a complete audit trail from point of origin to ultimate disposal.

2.1.2.2. Any transportation and Host Nation documentation requirements established by the

European Agreement Concerning the International Carriage of Dangerous Goods by Road https://ecbs.cevre.gov.tr/KullaniciIslemleri/Giris

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

(ADR), the International Maritime Dangerous Goods (IMDG) Code or the European Agreement

Concerning the International Carriage of Dangerous Goods by Rail (RID) must be provided to the COR and IEO prior to removal.

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

2.1.2.4. Host Nation form(s) are required.

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

2.1.2.6. Any waste scheduled to be removed from the installation that continues to not have the proper documentation will be shipped later when the proper documents are provided. The

Contractor shall bear all costs because of such a delayed shipment.

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

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

2.1.3. RESERVED

2.1.4. CONTRACT LINE-ITEM NUMBER DISCREPANCIES

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

Modification will be issued.

2.1.4.2. The U.S. Government may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting task order lines, extending task order end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded BPA price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against task orders. No changes are made to the terms and conditions of the BPA.

2.1.4.3. If the Contractor asserts that an inappropriate CLIN has been assigned, that no existing contract CLIN is appropriate, and a new CLIN needs to be added to the BPA, the burden of proof

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020 lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 calendar days from the TSDRF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDRF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDRF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the

KO of the U.S. Government’s final determination.

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

2.1.5. NOTIFICATIONS

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

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

2.1.5.3. RESERVED

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

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

2.1.6.2. The U.S. Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this BPA. The U.S. Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the U.S. Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for U.S.

Government reimbursement to the Contractor.

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

2.2. REMOVAL – CLINs N04000 to N39999

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

2.2.0. DD Form 1155 – Order for Supplies or Services (latest version available on the DoD

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

(latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes.

These quantities so annotated will be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the

IEO’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste or any other requested service will be paid without the certified form.

2.2.1. SPILL RESPONSIBILITY

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

2.2.1.2. The Contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment, and disposal of waste under this BPA. This plan must be used in conjunction with the Installation Spill Notification

Procedures. At certain HW locations on military installations, such as Hazardous Waste Storage

Areas, site-specific spill contingency plans may already exist. The Contractor shall comply with the requirements of existing site-specific spill contingency plans and shall contact the COR and

IEO for site-specific spill contingency plans.

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

Government controlled property, the Contractor shall follow installation spill notification procedures. For spills or releases occurring off U.S. Government controlled property, the

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

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

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020

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

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

• Date, time, and location of spill

• Anticipated cleanup and disposal procedures

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

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

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

• Persons present at the time of the spill

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

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

• Disposal location of spill residues and debris

• Outside assistance obtained (if any)

• Personal injury involved

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

2.2.2. SEGREGATION OF HAZARDOUS WASTE

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

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

2.2.3. STATEMENT ON CONTAINERS

The U.S. Government will provide all HW containers for the collection of waste.

2.2.4. UNITED STATES GOVERNMENT EQUIPMENT & PERSONNEL

With few exceptions, the U.S. Government will furnish equipment or personnel to assist in the performance of this BPA. Exceptions include the use of U.S. Government-owned loading equipment (Section 2.2.6 – Loading) Any other offers of assistance are unauthorized, and the

Contractor shall not accept any such offers.

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

The Contractor shall NOT undertake treatment of HW on a military installation. Treatment includes, but is not limited to, the dilution of waste to make it less harmful, chemically changing the pH, and mechanically crushing/compacting waste (including metal or plastic containers and

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020 fluorescent lamps). Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.

2.2.6. LOADING

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

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

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

2.2.7. TRANSPORTATION

2.2.7.1. The Contractor shall transport waste in accordance with all applicable transit rates and

Host Nation and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods will be transported in UN-specification containers where required.

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

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

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

2.2.7.4. The U.S. Government will place the waste into appropriate containers. The Contractor will not be required to remove and transport HW which is clearly unfit for transport. If repackaging is required, the U.S. Government will be responsible to repackage the waste. If the

Contractor believes that repackaging is required at any time, the Contractor shall provide to the

COR and IEO evidence and justification for repackaging.

2.2.7.5. The Contractor is solely responsible for researching, arranging, and making any necessary contacts to verify all transportation methods and routes proposed and shall perform the

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Version Date: 12 June 2020 necessary notifications and obtain any required approvals. The U.S. Government will not be liable for any additional costs/fines incurred because of delays caused by transportation shipping companies.

2.2.8. WEIGHING OF ITEMS

2.2.8.1. The Contractor shall utilize either U.S. Government owned and maintained truck scales

(weighbridges) or offsite commercial truck scales (weighbridges) that are operable and accurate through certification or demonstration. This weight will be documented on a certified weight ticket and provided to the COR and IEO.

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

Contractor to maintain and calibrate, without reimbursement, the scales IAW manufacturer guidelines, industry standards and applicable regulations. U.S. Government-owned truck scales

(weighbridges) listed in the table below are maintained and calibrated by the U.S. Government and are an exception to the requirement for the Contractor to maintain and calibrate. At the COR and IEO's discretion, the use of U.S. Government-owned scales may be allowed at the following sites:

Site Weighing Equipment Available Capacity (kg)

Incirlik Air Base Bldg.

Truck Scale 60,000

Incirlik Air Base

HWSA, Bldg. 202

Floor Scale 2,000

Site K Floor Scale 1,000

2.2.8.3. Containers and pallets that are to be destroyed or disposed along with the wastes/materials that they contain will be included in the net weight. Containers and pallets that are being used at the convenience of the Contractor, but are not disposed of with the waste, will not be included in the net weight.

2.2.8.4. RESERVED

2.2.9. TASK ORDER ADJUSTMENTS

All task order weights and/or volumes are estimated. The Contractor can expect that the task order weights and/or volumes will require adjustment upward or downward as removals take place and the actual weights/volumes being removed are determined. Therefore, the U.S.

Government has the unilateral right to increase or decrease the task order weight/volume in those cases where the U.S. Government has underestimated or overestimated the weight/volume ordered for removal, allowing the Contractor to complete the performance. In cases of adjustments resulting in a decreased weight/volume, these decreases are not subject to FAR

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52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the U.S. Government to issue task order modifications unilaterally for quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending task order end dates, etc.

The Contractor shall be paid for the actual items and quantities removed per the awarded BPA price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the U.S. Government’s change(s), the Contractor reserves the right to seek resolution through the KO. These modifications pertain only to issued task orders, and no changes will be made to the terms and conditions of the BPA.

2.2.10. PHYSICAL STATE & WASTE TYPE DEFINITIONS

2.2.10.1. Liquid(s) – The term Liquid(s) used in this document and the Price Schedule refers to liquid material which is pumpable by conventional pumping devices designed to pump low-viscosity liquids and largely free of suspended or settled (vs. dissolved) solids. A liquid that has become frozen due to ambient freezing temperatures but would otherwise be of liquid state at

22.2°Celsius, will still meet the definition of liquid for purposes of this BPA.

2.2.10.2. Sludge(s) – The term Sludge(s) used in this document and the Price Schedule refers to material that is either (a) a multiphasic material with some combination of a liquid phase and a solid phase as defined above, (b) a slurry or mud-like material, such as liquid-saturated soil or tank bottoms, whereby solids are largely or completely suspended in liquid and typically flows under gravity, and may or may not be conveyable by high capacity pumping or vacuuming devices designed to move heavy material, or (c) a highly viscous liquid not pumpable by conventional pumping devices designed to pump low-viscosity liquids.

2.2.10.3. Solid(s) – The term Solid(s) used in this document and the Price Schedule refers to solid material, which is largely free of free liquids, e.g., soil, silt, sand, gravel, filter cake, powder, granules, crystals, fines, and artifacts that do not meet the definition of debris.

2.2.10.4. Debris – The term Debris used in this document and the Price Schedule refers to (a) solid artifacts, fragments, or rubbles exceeding 60 millimeters particle size which are present, but not primarily present, and are intermingled or suspended in an otherwise fully solid, liquid, or sludge waste stream as described above.

2.2.10.5. Containerized Waste - The term containerized waste refers to waste that is typically transported by a box truck or semi-truck and trailer or van, including waste contained in drums, cubic-meter boxes, military tri-wall boxes, cubic-meter bags or super sacks, lamp boxes, cylinders, or palletized waste. IBCs are considered containerized waste if the waste remain in the

IBC for transportation to an offsite disposal or recycling facility.

2.2.10.6. Bulk Waste - The term bulk waste refers to waste that is typically removed via roll off boxes, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Pumpable liquid wastes that are removed via IBC are considered bulk waste if the IBCs are emptied and consolidate at the pickup location by the Contractor prior to shipment offsite.

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NOTE: The bulk waste definition in this PWS would meet the “Mixed” or “Various” Physical

State designation indicated in the Price Schedule for this BPA, as CLINs with a “Mixed” or

“Various” physical state refers to solids, liquids, sludges, debris, or any combination thereof.

2.2.11. CONTAINERIZED WASTE PROCEDURES

2.2.11.1. Containers will be counted, weighed, and documented against the task order by the

Contractor prior to removal. Only materials being removed by the Contractor will be weighed, including the containers, pallets, and dunnage.

2.2.11.2. Excluding IBCs, drums larger than 208 liters (55 gallons) (e.g., 360-liter drums) will only be used for overpacking smaller drums when the smaller drum(s) are leaking or have the potential to leak. Generators will be required to pay the Contractor based on the size of the overpack drum and not on the size of the inner, overpacked drum(s).

2.2.11.3. “CMB” refers to Cubic-Meter Boxes, Cubic-Meter Bags or Super Sacks, Gaylord

Boxes, and Military Tri-Wall Boxes.

2.2.12. BULK WASTE LIQUID PROCEDURES

2.2.12.1. When a bulk, pumpable liquid is ordered for removal, the Contractor is required to pump or vacuum waste from tanks, drums, IBCs, sumps, surface, storm, and groundwater sources. The Contractor is responsible to furnish all equipment and personnel needed to complete this task, including but not limited to a collection vehicle equipped with a pump/vacuum mechanical device, hoses, filters, fittings, etc. Pumps/vacuums and hoses will have a capacity and chemical resistance to safely handle the types of waste to be collected, and remove all pumpable liquids from tanks, drums or totes that can be removed without agitation or introduction of other materials. Bulk waste liquids will be pumpable by conventional pumps typically used on tank trucks and trailers, even if loaded by vacuum truck or trailer, and will be ordered using the unit of measure L, indicating liters. A 2,000-liter minimum charge will apply for the pumping/ vacuuming and removal of bulk liquid waste on a single task order. This minimum charge will not apply and will not be used in conjunction with disposal of tank residue associated with tank cleaning CLINs and/or when the Contractor has elected to pump/vacuum/sting containers for convenience as described in Section 2.2.13 – Bulking &

Consolidation.

2.2.12.2. Where removal from more than one tank and/or container is performed using a single vacuum or tanker truck, only compatible wastes of the same disposal CLIN may be pumped and commingled into the same vacuum or tanker truck for transport. This service will not be ordered or performed as a means of treatment per FGS or when any risk of reaction due to incompatibility exists.

2.2.12.3. When removing/pumping flammable liquids the proper equipment must be used to prevent sparks and prevent spills or leaks from reaching the environment. Bulk liquid pumping

Performance Work Statement (PWS) for the Republic of Turkey

Version Date: 12 June 2020 will be allowed only if the Contractor has a spill contingency plan and performs operations in a safe manner. The U.S. Government retains the right to stop operations if environmental or safety concerns arise.

2.2.12.4. The actual weight of the material picked up must be identified on the manifest. Bulk liquid removal may be ordered from any location in or around military installations listed previously in this PWS.

2.2.12.5. Liters are measured by metering or tank strapping or can be calculated using the density of the waste. Volumes are rounded to the nearest whole liter using conventional (non-scientific) rounding rules. EXAMPLE: A tanker load of water with a density of 1.12 kilograms per liter and weighing 10,951 kg would be calculated as 10,951 kg / (1 liter /1.12 kg) = 9,777.67 liters.

This will be rounded up to 9,778 liters. The density of the waste will be obtained from the waste profile sheet or SDS.

2.2.12.6. Tank strapping may be used to calculate the volume of liquid in a tank or tanker given a strapping rod depth measurement. The graduated rod is inserted vertically through the top surface of the liquid to the bottom of the tank and a measurement is taken to determine the depth of the liquid. The depth, usually measured in inches, is compared to a table, or spreadsheet, which shows the conversion to liters. Only tables specifically calibrated to the tank or tanker being strapped may be used. These measurements will be made by the Contractor and verified and agreed upon by the U.S. Government representative. If this method is used, tanks and tankers must be on a level surface or measured at the center of the tank.

2.2.12.7. The Generator reserves the right to choose which method will be used to determine total liters of waste offered. The net volume (liters) of the waste will be determined and agreed upon by both the U.S. Government and the Contractor prior to removal, when possible.

2.2.13. RESERVED

2.2.14. AQUEOUS FILM FORMING FOAM CONCENTRATES, RINSATES, AND

SOLIDS – CLINs N36010 to N36050

2.2.14.1. The term Aqueous Film Forming Foam (AFFF) Concentrate(s), for purposes of this

BPA, refers either to undiluted, pumpable AFFF-related liquid product that is unused, or is greater than 10% AFFF product by volume (less than 90% diluted with water). Concentrates are typically technical grade product as sold by the manufacturer. Disposal CLIN N36010 will be selected for bulk AFFF concentrates designated for incineration. Disposal CLIN N36020 will be selected for AFFF concentrates submitted for disposal in containers <208 liters (55 gallons).

2.2.14.2. The term AFFF Rinsate(s), for purposes of this BPA, refers to diluted, pumpable

AFFF-related liquids such as rinse water that has been generated because of a rinse out process of various tanks and firefighting equipment. The term will also apply to AFFF-contaminated water, including surface, storm, and groundwater. Rinsates contain at least 90% water, and typically contain <1% technical grade product as sold by the manufacturer. Disposal CLIN

N36030 will be selected for bulk AFFF concentrates designated for incineration. Disposal CLIN

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N36040 will be selected for AFFF concentrates submitted for disposal in containers <208 liters

(55 gallons).

2.2.14.3. The term AFFF Solid(s), for purposes of this BPA, refers to AFFF-contaminated solids, sludges, and/or debris that has been contaminated with AFFF concentrate or rinsate.