PWS - Rheinland Pfalz.docx

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

RHEINLAND-PFALZ, GERMANY HAZARDOUS WASTE DISPOSAL CONTRACT ATTACHMENT 1 – PERFORMANCE WORK STATEMENT (PWS) SP4500-26-D-XXXX

TABLE OF CONTENTS

(PWS 09/02/2026)

INTRODUCTION TO PERFORMANCE WORK STATEMENT

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 CLIN DISPUTES

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE, TRAILER, AND SHIPPING CONTAINER SECURITY

1.1.6 HOURS OF OPERATION AND STANDARD BUSINESS DAYS

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF USG AND NON-USG HW

1.2.3 STATEMENT ON CONTAINERS

1.2.4 USG EQUIPMENT AND PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE (HW) ON U.S. MILITARY INSTALLATIONS

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS, BULK AND CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

1.2.8.2 CONTAINERIZED WASTE

1.2.9 BULK LIQUID PUMPING

1.2.10 BULKING AND CONSOLIDATION

1.2.11 STANDARD AND EXPEDITED PERFORMANCE TIMES

1.2.12 AQUEOUS FILM-FORMING FOAM (AFFF) AND OTHER PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS)-RELATED WASTES

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DISPOSAL/DESTRUCTION AND RECYCLING

2.2 HW TREATMENT AND DISPOSAL TECHNOLOGIES

2.3 RECYCLING

2.4 DEMILITARIZATION

3.0 SPECIAL SERVICES

3.1 GOVERNMENT OVERSIGHT AND PERFORMANCE DOCUMENTATION

3.2 GENERAL BULK CONTAINER RENTAL STANDARDS

3.2.1 ROLLOFF BOXES (ROB) SERVICES

3.3 ROB AND PORTABLE TANK LOGISTICS

3.3.1 INITIAL PLACEMENT OR REMOVAL OF EMPTY RENTED ROB OR PORTABLE TANKS

3.3.2 MOVE EMPTY ROB OR PORTABLE TANK WITHIN INSTALLATION

3.4 INDUSTRIAL CLEANING SERVICES (ICS)

3.4.1 ICS CLINs & UNITS OF ISSUE

3.4.2 SPECIALIZED ADD-ONS AVAILABLE

3.4.2.1 WEEKEND WORK

3.4.2. PERMIT REQUIRED CONFINED SPACE ENTRY

3.5 WASTE SAMPLING, ANALYSIS, AND PROFILING

3.5.1 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS

3.5.2 HOST NATION SAMPLING, ANALYSIS AND PROFILING REQUIREMENTS

3.6 LOOSE AND OVER PACKING SERVICES

3.7 LAB PACKING SERVICES

3.8 WASTE REPORTING SERVICES

3.9 TRANSPORTATION CLINS

3.9.1 TRANSPORTATION SERVICES AND CONTAINERS PROVISION

3.9.2 COORDINATION. TRUCK SIZING AND ORDERING AUTHORIZATION

3.9.3 CONTAINERS REPROVISIONIG, BASELINE SWAPS, AND EPISODIC GENERATIONS

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

6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR HW REMOVALS AND PERFORMANCE OF SPECIAL SERVICES

7.1 EXPEDITED REMOVALS/PERFORMANCE OF 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 CONTRACTOR INSTALLATION ACCESS

11.0 PERIOD OF PERFORMANCE

12.0 ACRONYMS AND TERMS

INTRODUCTION TO PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Rheinland-Pfalz Hazardous Waste (HW) Disposal Contract. Contractor work under this contract will consist primarily of the removal, transportation, treatment, recycling, and disposal of hazardous and non-hazardous wastes. HW is generated at United States (U.S.) Department of Defense (DoD) military installations identified in the Pickup and Service Locations Table (PSLT) located in the States of Rhineland-Phalz and Baden-Württemberg, Germany. The U.S. Government (USG) may order various additional services in accordance with (IAW) this contract including but not limited to the provision of supplies, sampling and analytical services, Bulk rental equipment services, overpacking/loose-packing services, lab packing services, and industrial cleaning services. Medical infectious or biohazardous medical wastes, controlled pharmaceutical wastes, explosives, radioactive wastes, and Materials Potentially Presenting an Explosive Hazard (MPPEH) will not be offered for removal under this contract.

b. For purposes of this contract, the terms waste, wastes, and HW may be interchangeably used throughout this document and shall always refer to a regulated substance, material, or property, all considered wastes, corresponding to a European Waste Catalogue (EWC) number. Wastes turned in for removal from DoD installations under this contract may or may not be hazardous according to Host Nation (HN) environmental laws and regulations.

c. For purposes of this contract, “TSDF” shall refer to a permitted Treatment, Storage, or Disposal Facility. It shall also refer to recycling facilities and interim facilities used to bulk, consolidate, and/or repackage HW before transporting to a final TSDF. TSDFs are only qualified for use in support of this contract when they are licensed by the 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/.

d. Handling and management of HW performed by the Contractor under this contract shall be performed in strict compliance with all HN and European Union (EU) standards, laws, and regulations including the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), International Maritime Dangerous Goods (IMDG), Environmental Final Governing Standards (FGS) for Germany, and all updates thereto.

e. The Contractor shall provide the Generators all the ADR-compliant containers used for the collection, removal, transportation, and disposal of HW under this contract to include but are not limited to drums, barrels, pails, a wide variety of Pallet Boxes, Cubic Meter Bags, Intermediate Bulk Container (IBCs)/totes, Abfall-Sammel-Behälter für pastöse und feste Sonderabfälle (ASP), Abfall-Sammel-Behälter fur flüssige Sonderabfälle (ASF) and boxes as required for collecting, storage, and transportation of all dangerous goods including HW. The Contractor will coordinate the dropping off all supplies/containers with the COR. The USG may procure other supplies from the Contractor through this contract that are identified on the Price Schedule for delivery within 15 business days.

f. 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.

g. Performance requirement times under this contract vary by services ordered. The standard removal time for containerized and bulk wastes is 20 business days. Business days are defined in Section 1.1.6. The performance times for provision of other services are identified in Section 7.0 of this PWS.

h. Except where otherwise specified in this contract, the minimum charge for each Task Order (TO) is €1,500.00. This minimum charge excludes transportation and special services. Containerized and bulk hazardous waste (HW) removals must be ordered on separate, dedicated TOs.

i. 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.

j. The contract consists of one (1) 30-month Base Period followed by one (1) 30-month Option Period.

k. 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 any other term or condition of the contract.

Note: The Term IEO and Generator may be used interchangeably throughout this document.

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 (JVP), 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 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. 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. 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.

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

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 HW are properly and currently trained per HN and DoD installation requirements to the level of expertise required for performing in the areas of chemical compatibility, general first aid procedures, and HW spills. 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.

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, and procedures IAW applicable laws, codes, and FGS for Germany in connection with the execution of work requirements. All Contractor personnel must be fully trained, and physically capable 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 HW must receive accredited ADR training and maintain annual certification as applicable. Other training requirements may include, Technische Regeln für Gefahrstoffe 520 (TRGS 520), Contractor pass and identification (ID) requirements, 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 while 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 that occur due to fault or negligence.

e. The Contractor shall ensure correct European Waste Catalogue (EWC) numbers are assigned to the Generator’s waste streams as established by European Commission (EC) directive 2001/118/EC, and updates thereto, prior to their removal from the installation. Should the USG question or disagree with the Contractor’s assigned EWC number, a bilateral resolution will be reached before the waste is removed from the installation.

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. Manifest refers to the Hazardous Waste Shipping Documents required by HN to transport hazardous waste. The Contractor shall prepare (in duplicate), complete, and return signed copies of manifests and other shipping documents as required by law in Germany and other HN countries through which the HW is transported or disposed. Manifest documents will be serial numbered and in bilingual (German/English) format. If a bilingual format is not available, the Contractor shall complete and provide a German manifest meeting HN laws and regulations, or equivalent written in English for each removal and invoice package.

b. All shipping documents shall include the designated Generator, Transporter, and TSDF Identification (ID) numbers, even if not required under HN transportation laws and regulations. The Contractor shall obtain these designated ID numbers for inclusion on manifests from the Generator. 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 and HW Generator at least five (5) business days prior to the removal of the HW from the installation.

d. The COR will attempt to notify the Contractor of any required corrections to the 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 HW 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, HW Generator, and HN authorities as required on or before the same day as shipment.

g. The COR and Installation Environmental Office (IEO) have authority prior to shipment, to decline signing of documents for loads not prepared in compliance with applicable transportation or environmental regulations.

h. All HW will remain within the borders of Germany from the point of generation or pickup location to the final TSDF when qualified facilities are available. When exportation from Germany is required, all HW shall remain within the boundaries of the European Union (EU) where HN laws and FGS shall apply. Where FGS do not exist, the current DoD Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Document (OEBGD) and updates thereto shall apply.

i. Transboundary Shipping Documents:

(1) When applicable for transboundary movements and disposal of HW within the EU, the Contractor shall prepare and provide all shipping documents and notifications as required to the applicable HN regulatory agencies. The Contractor shall act as the “exporter” and “importer” of the HW. Photocopies of the application for all notifications shall be provided to the COR.

(2) Once the Contractor has received approval notifications from HN competent authorities, the Contractor shall provide both the KO and COR with photocopies of the approvals. Upon removal of the waste from the installation, the Contractor shall provide the COR with signed and dated copies of the related documents.

(3) Photocopies of all completed shipping documents shall be submitted with the invoice package to DLA Disposition Services by the Contractor, to include certification of HW acceptance at the TSDF. Submissions of these documents shall refer to the contract number and TO number.

(4) Under this contract, Basel Convention notifications would apply only to transboundary movements of HW from Germany to countries outside the EU. Such shipments are not anticipated under this contract, but the Contractor shall have the right to request authorization from the KO to ship HW outside the EU if/when unique circumstances arise. In such circumstances, the Contractor shall ensure Basel notifications are executed and maintained as required to ensure timely removals are completed per the performance times and firm-fixed prices in the contract. All documents corresponding to Basel notifications shall be provided to KO and COR following preparation and authorizations.

j. Additional Reporting Requirements

(1) European Waste Code and Treatment, Storage, Disposal and Recycling Facility Listing by Contract Line-Item Number: Within 14 calendar days after award, the Contractor shall email the COR and HW Generator a spreadsheet listing the EWC and TSDF to be used for each disposal/recycling Contract Line-Item Number (CLIN). This spreadsheet must be updated and resubmitted to the COR within five calendar days of a change in EWC or TSDRF for any disposal/recycling CLIN. The spreadsheet must be in a format with all fields capable of being sorted and queried by the user.

(2) Disposal Manifest and Collective Disposal Manifest: At beginning of contract, prior to any HW removals, The Generator will provide the Contractor the required information to generate the 5-year disposal manifest (Entsorgungsnachweis, EN). The Contractor will provide the HW Generator with the 5-year disposal manifest for waste streams >20 metric tons per calendar year and collective disposal manifest Sammelentsorgungsnachweis, SN) for each waste streams <20 tons per calendar year which will be disposed of by U.S. Government installations. The Contractor shall prove the appropriate disposal of HW by using the disposal manifest or the collective disposal manifest prior to disposal of HW for each waste type, comprising a completed cover sheet for records of proper waste management (Deckblatt Entsorgungsnachweis, DEN), declaration of the waste generator (Verantwortliche Erklärung, VE) that includes a declaration analysis of the waste (Deklarationsanalyse, DA), declaration of acceptance from the waste disposal facility (Annahmeerklärung, AE), and, if required, confirmation from the appropriate German authority responsible for certifying the disposal facility (Behördenbestätigung, BB).

(3) Monthly and Annual Waste Reports: Reference Section 3.8.

1.1.3 CLIN DISPUTES

a. CLIN discrepancies noted on a TO during waste removal by the Contractor will be addressed immediately via the COR and Generator. If the COR, Generator, and KO concur with the CLIN change request, a TO Modification will be issued.

b. The USG may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO 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 change(s), the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. At the Contractor’s expense, electronic documentation must be submitted within 10 business days to the KO and COR following the TSDF receipt date supporting the assertion. Requests for a CLIN change without supporting documentation will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the USG’s final determination.

d. The Contractor must ensure that the waste in question is not treated or disposed of until the USG has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the USG’s final determination, the Contractor will be deemed to have waived its objection to the USG’s CLIN assignment, and the disposal or service must be invoiced based on the CLIN designation on the issued TO. Failure to timely dispute a CLIN designation on the TO in accordance with this provision, when the basis of the dispute was or should have been known to the Contractor, is itself a breach of the contract’s terms and cannot form the basis for a later claim under the Disputes clause of the contract.

e. If the CLIN dispute cannot be resolved to the satisfaction of the parties, the KO will treat the dispute as a Contractor claim involving the interpretation of contract provisions applicable to the assignment of CLINs. The Contractor shall be provided the opportunity to provide additional information or evidence, and the KO shall issue a final decision within 60 calendar days, or such other reasonable time as may be appropriate under the Contract Disputes Act.

1.1.4 NOTIFICATIONS

a. Unless otherwise specified in this contract, the Contractor shall notify the COR, Generator 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 HW removal efforts, the Contractor shall provide the COR with the following transporter information:

1. Transporter company name,

2. Driver’s name, and telephone number

3. Commercial Driver’s ADR Certification number and expiration date,

4. Contractor Personnel badge number and expiration date, if applicable,

5. Truck badge number and expiration date, where applicable, and

6. Other information as required by the Security office

(2) A local Dangerous Goods Advisor (DGA), Installation Safety Officer and/or the IEO may attend HM/HW removals to perform safety checks and verify contractor credentials.

(3) 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.

(4) 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.

b. For TOs containing expedited performance CLINs, the Contractor shall notify the COR and/ Generator for each location BEFORE attempting installation access for any reason IAW the timeframes set forth in Section 7.

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 HW 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:

1. The KO 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.

2. 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.

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

4. 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.

1.1.5 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 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. USG and German 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.

1.1.6 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 typically 0730-1600 hours. Standard business days are Mondays through Fridays, except when U.S. Federal Holidays are observed. German holidays listed below also will not constitute standard business days for Contractor employees.

b. Work that cannot be completed by the close of business (COB) shall be discontinued and resumed by the next standard business day unless authorization to complete work outside normal business hours is agreed upon by the Contractor and Generator. In rare cases, the USG may have a requirement for provision of services outside normal hours of operation. In such cases, a TO will be issued having the corresponding CLIN(s) for these special services. Routine services will not be scheduled for non-standard business days including U.S. federal holidays, German holidays, and other days designated by national government proclamation. The following is a list of current U.S. Federal holidays and Germany Public Holidays:

USG FEDERAL HOLIDAYS

*The dates of these holidays can change every year.

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

Rheinland-Pfalz and Baden-Wuerttemberg PUBLIC HOLIDAYS

Note: Dates with an * are flexible

1.1.7 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 this contract in any forum or industry symposium without approval from the KO.

1.2 REMOVAL

At the time of HW removal or other service being performed, the Contractor shall complete the DD Form 1155 for each removal/transport of wastes, to record the type of wastes, quantities removed and EWC numbers. The quantities so annotated shall 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 COR’s signature to confirm the quantities removed, and to verify the removal services. No payment for removal of HW or any other requested service shall be paid without a signed DD Form 1155. The latest version of the DD Form 1155 is available at http://www.esd.whs.mil/DD/.

1.2.1 SPILL RESPONSIBILITY

a. The Contractor shall provide a one-time Spill Contingency Plan to the KO following contract award and prior to conducting the first HW removal under the contract. The driver shall have a copy of the plan in their possession during all removals and will be made available to the USG representative upon request. The plan shall satisfactorily demonstrate to the USG that the Contractor possesses the fundamental skills and knowledge needed to contain a small liquid spill or leak up to 20 liters in volume, and to overpack a leaking container when necessary.

b. The Contractor shall maintain serviceable, waste-compatible, and fully stocked spill kit(s) that are readily available to contain small spills and leaks during all HW removals. The Contractor shall allow any USG representative who is present during the removal process access to the spill kit(s) for visual inspection. Failure of the Contractor to demonstrate they are equipped with adequate spill kit(s) to respond to small spills and leaks during the removal process may result in cancellation of the removal and will be considered Contractor performance failure.

c. The Contractor is solely responsible for the proper cleanup and disposal of all spills or leaks occurring during the performance of this contract that occur because of, or are attributed to, the Contractor. Cleanup will be to the satisfaction of, and at no additional cost to the USG. HW cleanup residues that are generated as a result of such spills or leaks shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with the approval of the IEO, spill cleanup residues may be moved to an on-site permitted storage or accumulation area until they can be separately manifested and shipped off-site for disposal.

d. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all IEO spill reporting and clean-up requirements. A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

1. Description of material spilled or leaked, estimated quantity spilled, manifest number, etc.

2. Whether quantity spilled is reportable, and if so, whether it was reported.

3. Time, date, location, and description of spill; including but not limited to the area involved, weather, terrain, and any drainage concerns.

4. Containment procedures initiated.

5. Summary of Contractor communications with anyone other than the KO.

6. Description of cleanup procedures utilized at the site including disposal location of spill cleanup residue.

7. A copy of the Contractor’s spill contingency plan shall be attached to the written report.

1.2.2 SEGREGATION OF USG AND NON-USG HW

a. The Contractor shall not commingle or consolidate USG-generated HW with non-USG generated HW.

b. The Contractor shall ensure that no USG HW of any kind, including used oil and other petroleum-based products, shall be used for dust suppression or road treatment.

1.2.3 STATEMENT ON CONTAINERS

a. USG Generators are responsible for ensuring their HW is properly packaged in UN-rated containers that are provided by the contractor for shipment that meets or exceeds minimal packaging specifications required per International Maritime Dangerous Good (IMDG) Code, ADR regulations, and the licensed hazardous waste treatment and disposal acceptance criteria. Unless specified in the disposal CLIN description, the Contractor is responsible for all repackaging costs associated with special waste acceptance criteria at the hazardous waste treatment and disposal facility. Only new and unused containers will be used for packaging wastes containing free liquids for over-water shipments.

b. If over-water transport of HW is required, prior to placing containers, totes, and pallets on the conveyance vehicle, the Contractor and COR shall perform a pre-shipment inspection of all container packages. Both parties shall have the right to reject containers staged for removal that do not appear suitable for transport. The Contractor is ultimately responsible for ensuring all containers are properly packed, labels, secured, and closed for transport by land and/or sea prior to shipment.

1.2.4 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 1.2.6) and USG-owned scales (Section 1.2.7). 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.

1.2.5 TREATMENT OF HW ON U.S. MILITARY INSTALLATIONS

a. Treatment of HW on U.S. military installations is not permitted. For purposes of this contract, treatment shall be defined as any method, technique, or process, including solidification and neutralization, that renders a hazardous waste non-hazardous, less hazardous, reduced in volume, or more amenable for transport. Crushing of empty containers is not considered treatment.

b. Bulking of like wastes from multiple smaller containers into a single container is not considered treatment.

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

1.2.6 LOADING

a. Prior to scheduled removals, the Generator will have containers staged at ground or loading dock level as applicable. The containers may or may not be palletized. It is the Generators responsibility to ensure the HW being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO, to gain access to the HW being removed.

b. 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 COR and Generator with whom the scheduled appointment was made.

c. The Contractor is responsible for loading and furnishing all equipment appropriate for the safe and efficient loading of containers, totes, and pallets, etc.. 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.

d. 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.

1.2.7 WEIGHING OF ITEMS

a. Verification of TO weights is required prior to removal. 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 for containerized wastes shall include the weight of the containers and pallets that will be destroyed or disposed of with the wastes at the TSDF. Weights for bulk wastes shall only be the weight of wastes being destroyed or disposed.

c. If the HW Generator has previously weighed the waste and the Contractor agrees with the weight, weighing of the HW is not required.

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

TO weights and volumes are 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. 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 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.

1.2.8 DEFINITIONS, BULK AND CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

a. Bulk Waste for purposes of this contract refers to waste that is typically removed and transported via rolloff box, vacuum or sludge box, dump truck, tank truck, vacuum truck, pump truck, and trucks with vacuum-loaded or pump-loaded tanker trailers. Bulk waste does not refer to containerized wastes including waste contained in drums, totes, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste. Bulk wastes may be HW or non-regulated.

b. Bulk Liquid Wastes shall be ordered using the bulk liquid CLIN Suffix “B8” and the Unit of Measure (U/M) will be kilograms (KG). Bulk liquid wastes will be pumpable and consist primarily of liquids, but they may contain some solids. Weights will be verified using certified USG scales when available, or certified commercial scales when USG scales are not available. Prior to removal, and when possible, the net weight of the waste shall be determined and agreed upon by both the USG representative and the Contractor.

c. Bulk Solid Wastes shall be ordered using the bulk CLIN Suffix “B8” and the U/M will be kilograms (KG). Bulk solid wastes consist primarily of solid matter, but they may contain some free liquids. Weights shall be determined using certified USG scales when available, or certified commercial scales when USG scales are not available. Prior to removal, and when possible, the net weight of the waste shall be determined and agreed upon by both the USG representative and the Contractor.

1.2.8.2 CONTAINERIZED WASTE

a. Containerized Waste for purposes of this contract refers to waste that is typically removed and transported via box truck or semi-truck and trailer or van, including but not limited to waste contained in drums, barrels, canisters, pails, totes, boxes, bags/super sacks, compressed gas cylinders, and palletized wastes. Containerized wastes may be HW or non-regulated.

b. Containerized Liquid and Solid Wastes shall be ordered using the containerized CLIN Suffix “C8” and the U/M will be KG. Weights shall be determined using certified Contractor or USG scales. Prior to removal, and when possible, the itemized weights of the containers shall be determined and agreed upon by both the USG representative and the Contractor.

c. Drums larger than 210 liters (55 gallons) are to be used only for overpacking smaller drum(s) when they are severely damaged, leaking or have potential to leak.

1.2.9 BULK LIQUID PUMPING

a. When a bulk liquid pumping is ordered, the Contractor is required to pump or vacuum bulk liquid wastes from tanks, drums, totes, scrubbers, 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 shall 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. A 5000-KG minimum charge will apply for the pumping/vacuuming and removal of bulk liquid waste on a single TO. This minimum charge will not apply and will not be ordered when the tank or vat from which the bulk waste was removed was also cleaned under an Industrial Cleaning Services (ICS) CLIN on the same TO or when the Contractor has elected to pump/vacuum containers for convenience to the Contractor at no additional cost to the USG. Refer to Sections 3.4 for more information on ICS.

b. 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 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 as defined in Section 1.2.5, or when any risk of reaction due to incompatibility exists.

c. Bulk liquid pumping will be allowed only when the Contractor has a current spill contingency plan on file with the COR and performs operations in a safe manner (Section 1.2.1.). The USG retains the right to stop operations if environmental or safety concerns arise.

d. When bulk liquid pumping is performed, all containers must be emptied to within 5 cm or less residue remaining in the container.

e. The actual weight of the material picked up must be identified on the manifest(s). Bulk liquid removals may be ordered from any location on the installations.

1.2.10 BULKING AND CONSOLIDATION

a. Bulking shall be defined as the act of stinging, vacuuming, and/or pumping, as permitted by regulation, from an otherwise removable container(s) into a vacuum truck or tanker.

b. Consolidation shall be defined as any method that involves pouring, draining, or packaging like waste items, liquids, sludges, solids and/or debris from one or more containers into another container.

c. Bulking and consolidation, where permitted by the installation, may be performed at the discretion of the Contractor at no additional cost to the USG. This will only be allowed when the Contractor has a current spill contingency plan on file with the COR (Section 1.2.1) and performs operations in a safe manner. The USG retains the right to stop operations if environmental or safety concerns arise.

1.2.11 STANDARD AND EXPEDITED PERFORMANCE TIMES – EXPEDITE CLINs 1095SV-1098SV

a. The standard removal time for bulk and containerized wastes under this contract are identified in Section 7.0. The clock for removal begins on the first full business day following issuance of the written TO.

b. The standard performance time for performance of special services under this contract varies with different services per Section 7.0.

c. When expedited performance of services is ordered, performance must begin within the specified timeframe, per Section 7.0. The clock for expedited performance of services begins on the first full business day following issuance of the written TO. Expedited performance CLINs may be ordered in conjunction with any service CLIN(s) at any pick-up location(s) on the contract other than Industrial Cleaning Services (ICS) CLINs. Expedited commencement of ICS work is not available under this contract.

(1) Ordering an expedited removals and/or performance CLIN will supersede the standard removal/performance timeframes specified in Section 7.0. Minimum TO charges will not apply to a TO containing an expedited performance CLIN. When expedited performance is required, one each (1 EA) of the identified CLINs in Section 7.0 will be ordered based upon the timeframe for which the commencement of service is required and will be ordered for no more than five (5) Special Service TO lines. Ordering of an expedited performance CLIN is further limited to one each (1 EA) per pickup location, including all sites located on a single installation.

(2) Expedited performance CLINs are provided to Generators for urgent, mission essential services and are NOT to be used to circumvent TO minimum charges. CLIN 1095SV is ordered for a one (1) business day expedited performance, and is reserved solely for emergencies, e.g., major weather events, natural disasters, unforeseen compliance issues, etc.

d. The Contractor shall submit paperwork to the COR no later than the requirements identified in Section 7.0.

1.2.12 AFFF AND OTHER PFAS-RELATED WASTES

a. Scope: This section covers AFFF and other PFAS related wastes. All CLINs specifically designed for these wastes require the Contractor to provide a CD for the final disposition method.

b. Facility Requirement: At the time of this contract's award, AFFF and other PFAS-related wastes may be turned in for incineration and disposal only at TSDFs specifically approved in the host nation.

c. AFFF Solids: Refers to AFFF-contaminated solids, sludges, and debris (e.g., soil, PPE, filters).

d. AFFF Concentrates: Refers to undiluted, pumpable AFFF liquid product, typically greater…