Pearl Harbor Solid Waste PWS with Bid Schedule.docx

Bid Schedule Base Period

Base period Total

1st Option Period

Base period Total

2nd Option Period

Base period Total

3rd Option Period

Base period Total

4th Option Period

Base period Total

Contract Total_________________

***Please fill in Highlighted boxes as Appropriate*** 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

PERFORMANCE WORK STATEMENT (PWS)

1.1 INTRODUCTION:

DLA Disposition Services Hawaii has a requirement for continuous use of disposal services for industrial solid waste as well as excess and used military textiles which require final disposal. These textiles, as further described in paragraph 1.4 below, are non-hazardous, non- EPA regulated, non-RCRA, waste. These materials include items with DEMIL codes “A”, “B”, “D”, “E” and “Q”. In accordance with DoD 4160.28-M Demil B, D, E and Q property requires destruction of materials and components to a state that they cannot be restored nor repaired to a usable condition. Performance period for the contract will be four years with one-12 month base and four-12 month option periods.

1.2 RECYCLING/DISPOSAL PROCESS

The contractor shall provide 40 cubic yard (CY) containers and collection and disposal services of industrial solid waste on an on-call basis at Bldgs. 490/491 and 1656, Joint Base Pearl Harbor Hickam. The contractor shall provide all properly trained labor, equipment, transportation, tools, personal protective equipment, material, fees, certifications, supervision, and all other items and services necessary to perform the disposal of industrial solid waste made available by the DoD Customer.

The contractor shall provide disposal in accordance with established commercial practices. The contractor agrees to provide all services/items necessary for the disposal of all solid waste listed in the schedule in accordance with all local, state and federal laws and regulations, and the terms and conditions of this contract. The Contractor is encouraged to dispose of waste at Oahu’s H-POWER plant in support of the Government’s zero landfill initiative and to utilize recycling opportunities.

Contractor’s personnel and equipment shall comply with applicable federal, state, local and installation laws, safety and environmental regulations and procedures. Contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling and disposal of industrial solid waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of use of material handling equipment, general first aid procedures, and spills.

The Contractor shall provide all non-personal services necessary for the disposal of the items listed on the schedule in accordance with all the terms and conditions of this contract. The contractor is responsible for obtaining access for their service vehicles and personnel for Joint Base Pearl Harbor Hickam (JBPHH) approximately 10 days before the execution date of the contract. This shall be at no additional expense to the U.S. Government.

For DEMIL required textiles DoD representatives will escort the textiles to the contractor's specified delivery site / incinerator. Delivery/drop-off days will be Monday through Friday, 7:00 am to 1:00 pm, except on holidays. For each delivery the DoD representative Point of Contact (POC) will notify the contractor at least three business days before the requested removal by 3:00 pm. The contractor shall be responsible for off-loading the textiles at their delivery site.

Upon incineration of DEMIL required textiles the contractor will sign a certificate of destruction. The certificate of destruction form must be completed before the DoD representatives departs the disposal site. If discrepancies are discovered at this time the contractor and the DoD representatives are to resolve the issue immediately.

Contractor will be notified of names of DoD representatives and contract POC at time of contract award.

The contractor shall provide all properly trained labor, equipment, tools, personal protective equipment, material, licenses, fees, permits, certifications, supervision, manifests, and all other items and services necessary to perform the destruction of these materials. The contractor agrees to provide and perform all services necessary for the final disposal of all property listed in the schedule in accordance with all federal, state and local laws and regulations and the terms and conditions of this contract. Handling and personnel protective equipment shall be utilized by the contractor and must be appropriate to ensure safe handling of the material. The contractor shall without additional expense to the Government be responsible for obtaining all necessary licenses and/or permits, and for complying with all applicable federal, state, and local laws, codes, and regulations in connection with the performance of this performance work statement. This includes acquiring all required permits or registration necessary for transporting these materials.

1.3 DELIVERY OF CONTAINER / REMOVAL OF WASTE

Provide Collection and Disposal Services, Industrial Waste (CLIN 0001)

The Contractor will deliver the number of 40 CY containers requested to Bldg. 490/491 and/or Bldg. 1656 on Joint Base Pearl Harbor, Hawaii within 2 business days of request. Each order will be for no more four containers. The Government may keep the container on-site for up to 15 days. Upon notification via phone call or e-mail that the container is full and ready for pick-up, removal for disposal will occur within 2 business days. Containers located at Bldg. 1656 shall be weighed using Government provided scale located at Bldg. 1656 prior to removal. Weight tickets shall be provided to the DoD customer. Containers located at Bldg. 490/491 are not required to be weighed.

The request for placement of a 40 CY container at the site will be considered a call order under the contract and allows the contactor to begin performance.

The Contractor shall deliver containers that are in good condition and free of offensive odor. In instances where the Government identifies defective containers, the Contractor shall remove and replace the defective containers from service within two (2) business days of notification.

Contractor shall position the container to provide easy access by the user and minimize interference with adjacent parking lots, sidewalks, fire hydrants, etc. The Government reserves the right to designate collection points and direct placement of containers as approved by the CO. Contractor shall be responsible for any damages to the surrounding fixtures or landscape caused by his/her operations.

The Contractor is not responsible to pick up waste that is placed outside of the container, but will notify the COR in these instances. However, the contractor is responsible for any spillage that it causes.

CLIN 0001 does not include mattresses. Weight of contents will not exceed 5 tons, unless otherwise specified.

Special Handling Charge in the Event of Weight of Containers Exceeds 5 Tons (CLIN 0002).

Contractor may propose an extra charge if the contents in the container exceeds 5 tons. This charge will be per ton exceeding the initial 5 tons included in CLIN 0001.

Provide Collection and Disposal Services, Mattresses (CLIN 0003)

Same requirement as CLIN 0001, however, the contents of the container will only include mattresses. This price is inclusive of all fees, including dump fees.

Special Handling Charge for Containers containing Carpet (CLIN 0004).

Contractor may propose an additional charge if the contents of the container under CLIN 0001 contain carpet. This charge is per ton.

Additional Charge for Container on-site exceeding 15 calendar days (CLIN 0005)

The Government does not intend to keep the container on-site longer than 15 days. In the event the container remains on-site longer than 15 calendar days, the Contractor may charge an additional amount for a rental fee for each day exceeding the initial 15 days which is included in CLIN 0001.

Provide Collection and Disposal Services, Tires (CLIN 0006) 40 CY Roll-off. Tires will be off the rim and include, vehicular tires, aircraft tires, forklift tires. Container roll-off will not exceed 7.5 Tons

Provide Collection and Disposal, Industrial Waste for Military Textiles for direct incineration (CLIN 0007). Military textiles include but are not limited to uniforms, clothing, camouflage netting, parachutes and harnesses with DEMIL Codes A, B, D, E and Q by mandatory incineration. Container roll-off will not exceed 9 Tons.

1.4 ACRONYMS

CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act of 1980 COR - Contracting Officer Representative DEMIL - Demilitarization DFARS - Defense Federal Acquisition Regulations Supplement DoC - Department of Commerce FAR - Federal Acquisition Regulation IDIQ - Indefinite Quantity, Indefinite Delivery KO - Contracting Officer MUT - Mutilation OSHA - Occupational Safety and Health Administration, U.S. Department of Labor RCRA - Resource Conservation and Recovery Act

1.5 DEFINITIONS

Certifier - a DoD contracted person or a Government employee who actually performs or witnesses the DEMIL. A DEMIL certificate shall be executed for all line items demilitarized.

Contracting Officer (KO) – The KO is the government employee identified in this contract who has the authority to enter into, administer, and/or terminate this contract and make related determinations and findings on behalf of the DLA Disposition Services.

DEMIL - The act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, crushing, shredding, melting, burning, etc. DEMIL is required to prevent property from being used for its originally intended purpose and to prevent the release of inherent design information that could be used against the United States. DEMIL applies to DoD personal property in both serviceable and unserviceable condition.

DEMIL code - A code assigned to DoD personal property. It indicates the degree of required physical destruction, identifies items requiring specialized capabilities or procedures, and identifies items that do not require DEMIL but may require Trade Security Control (TSC). It is used throughout the total life cycle systems management process to identify control requirements required before release of DoD personal property from DoD control. DoDM 4160.28-M-V3, June 7, 2011:

a. Code “A” –Non-USML (U.S Munitions List)/Non-CCLI (Commerce Control List) Items – No DEMIL or TSC (Trade Security Controls) required. Department of Commerce (DoC) may impose licensing requirements to certain destinations.

b. Code “B” – MLI (Munitions List Items) in which DoD Demilitarization Program Office has determined require total mutilation (destruction).

c. Code “D” - Material that is MLI in which the DoD Demilitarization Program Office has determined require total destruction.

d. Code “E” – Material that is MLI in which the DoD Demilitarization Program Office has determined require total destruction.

e. Code “Q” - CCLI in which DoD Demilitarization Program Office has determined require total mutilation (destruction).

DoD representative - The government representative, DEMIL certifier/verifier, at time of delivery of the textiles to the contractor site.

Final Disposal – Final disposal means the processing of the material at a facility that is appropriately licensed, permitted, registered by local and/or state agencies to accept and incinerate excess, used textiles.

Hazardous Waste –wastes identified by name or specified characteristics in accordance with 40 CFR 261, RCRA Subtitle C, Chapter 1: Hazardous Waste Identification, Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Note: Radioactive waste is not included in this definition as DoD 4160.21-M, CHAPTER 3, RECEIPT, HANDLING AND ACCOUNTING, B. PROPERTY ACCEPTANCE states: a. DRMOs may not accept (either physically or on its account) the following categories of property and no reutilization or sale service shall be given. (1) Radioactive waste, and unsalable material of a nonhazardous nature.

Textiles – Includes but not limited to materials listed in the National Stock Number (NSN) 8415 01 519 xxxx series such as Army Combat Uniform (ACU) - combat uniform worn by the United States Army Battle Dress Uniform (BDU) - predecessor to ACU, Desert Camouflage Uniform (DCU) - worn from the 1980s through the early 2000s, military camouflage netting, parachutes and harnesses.

Tires – Includes but not limited to: Various Passenger / Light Truck, Motorcycle, Forklift, Aircraft, Off the Road and Oversize Tires. All tires will be off of the rim.

Verifier – A government employee or technically qualified DoD contracted person who witnesses the DEMIL of the material or inspected the residue.

1.6 FINAL DISPOSAL

Only facilities that are appropriately licensed / permitted by federal, state, or local agencies may be used. The disposal facility shall provide all Certificates of disposal and other applicable documents to the DoD representative.

To satisfy Trade Security Control requirements the contractor may not resell textiles received under this contract. The contractor shall incinerate all textiles received under this contract.

1.6 WEIGHING OF PROPERTY

The conveyance delivering the textiles will be weighed using certified commercial scales provided by the contractor prior to and after unloading. The difference between the weight of the empty conveyance and the loaded conveyance will be the agreed upon weight for payment purposes. The DoD representative will witness weighing at contractor drop off site. The weight agreed upon by both the Contractor and the DoD representative at the time of drop off will be the basis for payment to the Contractor.

1.6 ESTIMATED QUANTITIES

The quantities listed in the Bid Schedule are estimated quantities. The contractor will be paid based upon actual quantities delivered under the task order.

1.7 DOCUMENTATION SUBMITTAL

The contractor shall submit the following documentation within 30 days of destruction to the designated address below:

Attn: Admin DLA Disposition Services Pearl Harbor PO Box 140

JBPHH, HI 96860

Weight Ticket. Original and one copy.

Contractor invoice showing the breakdown of charges for services performed and accepted by CLIN and Quantity. Additionally, the contractor shall submit a signed DLA Form 1367 Shipment Receipt / Delivery Pass form for each roll-off removed with their monthly invoice.

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

If there are deficiencies in the documentation submitted by the contractor the DLA Disposition Services POC will issue the contractor a written notification of deficiency within ten (10) calendar days. Contractor shall correct any deficiencies and resubmit documentation. Documentation must be correct before contractor submits invoice to Wide Area Workflow (WAWF) for payment. This will ensure that the DLA Disposition Admin can accept services and approve the invoice in the WAWF.

The contractor may bill DLA Disposition Services for disposal services provided not more than once a month through WAWF. Contractor will provide information required by FAR 52.212-4(g) and other information required by WAWF when invoicing for completed work.

1.8 PERIOD OF PERFORMANCE

For the base period task orders may be written for a period of 12 months from the date of award or until the maximum number of units in tons have been reached whichever occurs first. If exercised, the four option periods will allow the Government to continue issuance of task orders for a maximum of an additional 12 months per option period or until the maximum is reach whichever occurs first.

1.9 ESTIMATED QUANTITIES

This contract will be a firm-fixed price, Basic Purchase Agreement (BPA) with estimated quantities for each period listed.

1.10 USE OF FACILITIES

The contractor shall only use storage, recycling or disposal facilities approved by federal, state or local agencies authorized to regulate the management and disposal of these materials. The contractor shall provide the following information for facilities including, but not limited to, complete facility address, telephone number, written declaration that the facility is listed in the applicable State waste recycling/disposal database, EPA identification number where applicable, and regulatory points of contact. Contractor will submit facilities information with submission of its proposal.

If the State wherein the contractor performs recycling / disposal does not regulate these materials the contractor may designate facilities that treat, store or dispose of this commodity that are listed on the DLA Disposition Services Qualified Facilities List web-site. Contractor will notify the Contracting Officer immediately of any change in the use of facilities.

Facilities proposed for use other than those identified in Section 1.10, require the contractor to submit documentation to demonstrate that the facility is operating in compliance with applicable federal, state and local environmental regulations. This shall consist of a copy of the most recent inspection by the authority having jurisdiction attesting to the facility's acceptable compliance with applicable laws and regulations and where applicable a copy of the page from the facility's operating permit documenting that the permit is current and the facility is authorized to dispose of these materials. Contractor shall submit documentation with its proposal.

It is the contractor’s responsibility to ensure that it can perform all work required by the RFP with the firms they submit for approval and to propose additional firms under Section 1.11 to perform the work required if the contractor does not use facilities in Section 1.10 (a) or (b). However this does not imply consent by the Government to any subcontracts let by the contractor in the performance of the contract resulting from this solicitation.

At any time during the period of this contract the Government may disapprove a facility if any of the following occur:

The facility is closed.

The facility is identified as a significant non-complier (exhibiting RCRA Class I, or Clean Water Act violations for groundwater monitoring, inadequate or lack of closure, post-closure, or financial responsibility when required), and has not entered into a compliance schedule or similar action.

The facility has been cited via an administrative order or judicial action, and the TSDF has not entered into a compliance schedule or similar action within 180 days from the time the order or judicial action was issued.

The facility has exhibited a history of noncompliance (including, but not limited to RCRA Class I and II violations, OSHA violations, state and local violations, and DoT violations) or exhibited a lack of good faith in correcting the violations. A "good faith" effort would be exhibited through promptly signing a consent agreement with the regulatory authorities, and performing in compliance with the agreement for at least six months. Repeated violations may be considered as a lack of "good faith."

The facility has been identified as having groundwater contamination or is not acceptable under the state's groundwater anti-degradation policy.

The facility is not permitted to and/or is not capable of handling the property proposed.

The facility received a negative recommendation as a result of a DLA Disposition Services inspection visit during the preceding twelve (12) months without substantive evidence of corrected deficiencies.

The facility ships the material to a facility excluded under any of the B.18 requirements.

Where required, the facility’s financial assurance is not sufficient to protect the Government’s long term interests.

Facility is unable to track property from entry to exit.

The facility manages property in a manner that causes the generator of the manifest to file exception reports IAW City and County of Honolulu and/or State of Hawaii requirements.

DLA Disposition Services is unable to validate/update the required elements noted in Section 1.11.

1.11 ADDING FACILITIES

During the solicitation process and life of this agreement the contractor may request to add additional facilities to the DLA Disposition Services approved list. Facilities submitted under this section will be reviewed and the offeror will be informed if the facility is acceptable or unacceptable. If the requested facility is unacceptable offerors will be informed of the reason why and that they cannot use that facility until the required information or permits are submitted as requested. Offerors are cautioned that DLA Disposition Services must have sufficient time to adequately review submittals under Section 1.11. The proposed facilities will not be approved if any of the reasons in 1.10(e) apply. The request by the contractor to have a facility approved does not relieve the contractor of his contractual obligation to perform in accordance with the terms and conditions of the contract.

Each facility proposed by the offeror must be at a minimum approved by the State and local governments and otherwise in good standing with the regulatory community. The facility must also be subject to regular compliance inspections. A regular compliance inspection is defined as, at a frequency specified by the state or local regulatory authority having jurisdiction for the subject category of facility.

1.12 CALL ORDERS

a. The Contracting Officer (KO) may issue funded task orders for extended periods of time against which the Government may place orders orally or in writing. The Order Limitations clause FAR 52.216-19 applies to each call order. Only the KO may authorize the task orders. At the beginning of the agreement and as needed the contractor will designate to whom the call orders shall be issued. Under these types of task orders the contractor will perform work when specifically requested by the POC.

b. When oral call orders are placed against the funded task order an estimated quantity of material to be delivered will be established between the contractor and POC making the call order. The contractor shall not exceed the call order quantity without prior notification to and approval of the POC. In no case, may the total tonnage of the funded task order be exceeded without prior notification to, and approval of, the KO.

The amount of funds available under the funded task order will decrease by the amount spent on the call order.

1.13 DLA DISPOSITION SERVICES ENVIROMENTAL MANAGEMENT SYSTEM (EMS) (FAR 23.1005(c)(7))

DLA Disposition Services has implemented the EMS in accordance with ISO 14001:2004(e), DOD and DLA requirements at all appropriate DLA Disposition Services facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. Details of the DLA Disposition Services EMS program are provided in DLA Disposition Services Instruction 6050.02. Disp Svcs-I

6050.02 may be viewed online at https://www.dispositionservices.dla.mil/gov/publications/4160.14/6050.2.pdf. If the document is not accessible at this link copies may be obtained from DLA Disposition Services under the Freedom of Information Act (FOIA).

Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program.