DRAFT_PWS_-_APPENDIX_6_-_Memorandum_of_Agreement_(DLA).pdf

MEMORANDUM OF AGREEMENT BETWEEN

THE COMMANDER, 35TH FIGHTER WING, MISAWA AIR BASE, JAPAN,

UNITED STATES AIR FORCE

AND

THE DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES

FOR

DISPOSAL SERVICES

1. This is a Memorandum of Agreement (MOA) between the Commander, 35th Fighter Wing, Misawa Air Base, Japan, United States Air Force, and the Defense Logistics Agency (DLA)

Disposition Services (DLADS). When referred to collectively, the 35 FW/CC, MAB, USAF, and the DLADS are referred to as the “Parties.”

2. PURPOSE: This MOA addresses the roles and responsibilities of all parties regarding continuous disposal services to Draughon Range, Misawa Air Base, (hereinafter referred to as

“the Generator”) and outlines the working relationship between the parties. The DLADS mission is to provide disposal of excess range residue materials. DLADS will then provide continuous disposal services to the Generator under the conditions states herein.

3. REFERENCES:

a. Department of Defense (DoD) 5100.76-M, Physical Security of Sensitive Conventional

Arms, Ammunition and Explosives

b. DoD 4160.21-M, Defense Material Disposition Manual

c. DoD 4160.28-M, Defense Demilitarization Manual

d. DoD Instruction (DoDI) 4140.62, Material Potentially Presenting an Explosive Hazard

4. RESPONSIBILITIES OF THE PARTIES:

a. The Generator will

(1) Provide an on-site central storage, inspection site, and workspace on Draughon

Range where disposal agents will be able to inspect the Material Documented as Safe (MDAS) residue proposed for disposal. Said location will hereinafter be referred to as the

“inspection/pick up area.” The Generator will ensure that the property stored at this site and prepared for disposal is segregated and identified in accordance with paragraph 3.1.4 below, prior to referral to DLADS, Misawa, for inspection/removal.

(2) Provide physical security and have overall responsibility for the security of the material as to safeguarding and protecting the material from damage or theft in accordance with

Reference 2.1, to ensure the integrity of process for managing MDAS is maintained through the release from DoD control.

(3) Provide a complete list of all types of fired ordnance and targets/target material used on the range and a list of what is in each segregated group proposed for disposal.

(4) Segregate the range residue into Group 1a, 1b, and Group 2 in accordance with

Reference 2.2 prior to inspection and disposal. BDU-33 practice bombs will be kept separate from the rest of the Group 2 material.

(5) Provide primary and alternate points of contact including name, rank, organization and telephone numbers so that DLADS may be kept fully informed of on-going plans and actions.

(6) Provide completed and signed copies of the attached documents by DoD Explosive

Ordnance Disposal (EOD) and Radiation Protection Officer (RPO) technically qualified personnel who are authorized to inspect residue, complete, and sign the sample documents attached certifying that the range residue is safe and inert in accordance with Reference 2.2; and provide technically qualified DoD representatives (U.S. citizens) for verification in accordance with Reference 2.2. Certification and verification is required for all material removed from the range. EOD personnel will be available from 0730-1600 hours weekdays (except on Federal holidays) to ensure only MDAS is released to the disposal agent/public.

(7) Provide for quality control/assurance inspection, certification, and venting (where applicable) by U.S. Army Corps of Engineers (Ordnance Disposal/Safety) or similarly technically qualified personnel in accordance with Reference 2.2.

(8) Provide EOD/Quality Assurance Specialist Ammunition Safety (QASAS) personnel and RPO for purposes of re-inspection at the designated disposal inspection/pick up area to re-certify range residue material identified/certified as MDAS prior to the property being loaded into the disposal agent’s conveyance.

(9) In coordination with the DLADS Demilitarization Coordinator, identify material that requires mutilation/demilitarization and the appropriate methods of mutilation/demilitarization.

Segregate mutilation/demilitarization required property from non-mutilation/non-demilitarization required property, and provide qualified personnel to certify and verify mutilation/demilitarization has been accomplished in accordance with Reference 2.2. The

Generator will comply with the “two-man rule” for all certifications, meaning that both the

Generator and the Certifier will agree on all decisions regarding this process and whether they were accomplished properly when moving through all steps.

(10) Ensure that all demilitarization, declassification, and mutilation are accomplished prior to referral to DLADS Misawa and release of MDAS material to the disposal agent. For property that has been demilitarized during the collection process, provide a demilitarization certificate at the time of referral.

(11) Provide qualified personnel to certify range residue contains no hazardous or radioactive residue and ensure that all material is checked prior to being loaded into the disposal agent’s conveyance and released from DoD control. Each load will be certified as radiation checked and free of hazardous radioactive residue.

(12) Provide EOD escort service during the hours of inspection and/or removal.

(13) Prepare and sign a DD Form 1348-1A, Issue Release/Receipt Document, (containing the appropriate radiation check, safe/inert, demilitarization, and declassification certifications) for each load of MDAS certified material removed from Draughon Range.

(14) Be responsible for re-inspection, re-certification, retrieval, accountability and custody of material which has been identified as containing live or suspected live ordnance, classified material, and/or hazardous/radioactive material before and after removal.

(15) Provide prior to the removal of any material, local EOD, or other qualified individuals who will give a briefing to the disposal agent and DLADS personnel regarding the types of ordnance being disposed of, recognition, and identification of associated hazards and response/actions to be taken (including written procedures to be followed) in the event that live or suspected Material Potentially Presenting an Explosive Hazard (MPPEH), and/or hazardous/radioactive residue is discovered either during or after removal. An illustrative guide of the ordnance, including explosive color-coding, will be provided to the disposal agent.

Disposition will be made in accordance with Reference 2.2.

(16) Provide a list of the personnel and their sample signatures that are technically qualified and authorized to inspect, certify, and verify MPPEH residue, range residue, and

Explosive Contaminated Property (ECP). This list will identify certifiers and verifiers who will sign the demilitarization certificates and the MPPEH inert certificates required by this

Agreement.

(17) Have MDAS mutilated and made unfit for its intended purpose by CUTTING, TEARING, SCRATCHING, CRUSHING, BREAKING, PUNCHING, SHEARING, BURNING, SMELTING, OR NEUTRALIZING THE ITEM TO THE POINT THAT THERE

ARE NO USABLE PARTS REMAINING.

(18) Provide a certification that the material has been mutilated to the point that there are no usable parts remaining and that it has been made unfit for its intended purpose. The mutilation certification must be signed by the U. S. Government representative-witness after mutilation has been completed and prior to referral to DLADS Misawa.

(19) Provide for disposal only Range Residue that is Category 5X which is defined as item(s) that are completely decontaminated and entirely safe and may be released for general use provided that:

(a) All demilitarization requirements for the item are met.

(b) Items are only classified as 5X through visual inspection when every surface is visible and capable of being inspected. Visual inspection is only applicable to pieces of metal that have no cavities, holes, blind spaces, rivets, cracks, or other obscured features.

(c) Probes are not used to inspect any blind cavities. Probes may not be used to satisfy visual inspection requirements for purposes of documentation as having an explosives safety status of safe.

(d) Variations from these general practices by other than qualified active duty EOD personnel require approved SOPs.

(20) As part of the MPPEH management process, manage MDAS in such a manner to prevent it from being:

(a)Commingled with MPPEH or Material Documented as an Explosive Hazard

(MDEH).

(b) Misidentified as MPPEH or MDEH once it has been determined to be safe.

(c) The material is fully documented (certified) as having an explosives safety status of safe. Note: Thermal or Chemical processing is the most effective way to ensure that material is 5X as long as it does not trigger additional environmental treatment permitting requirements.

b. DLADS will

(1) Receive documentation and weight tickets from the Generator regarding the property, to include DD Form 1348-1A (with hazardous/radiation check, safe/inert, mutilation/demilitarization and declassification certifications as appropriate).

(2) Provide technical assistance and guidance in identifying property requiring demilitarization or mutilation and the appropriate methods of demilitarization or mutilation.

Review demilitarization/mutilation performance to ensure adequacy and compliance with

References 2.2 and 2.3 above.

(3) Provide disposal assistance for range residue materials that will be removed on a disposal contract. Determine the conditions of removal, e.g., hours of inspection, appointment only, 48-hour advanced pick up notification, loading hours.

(4) Provide a DLADS point of contact including name, grade/rank, telephone number, and e-mail so that the Generator may be kept fully informed of on-going disposal/removal actions.

(5) Provide accountability through a wash-post transaction from weight tickets, to include a running total of weight removed. DLADS Misawa will receive copies of certified DD

Form(s) 1348-1A acknowledging receipt of property and providing a return copy to the generator. The receipt and release of property will be recorded in the DLADS Distribution

Standard System and Enterprise Business System and a DLA Form 1367 will be processed removing the property from the inventory.

(6) Attached are sample copies of INERT Certificate; MPPEH Appointment Letter;

Material Documented As Safe (MDAS); Electronic/Disposal Turn In Document (ETID/DTID), DD 1348-1A; Radioactive Property Certificate to be completed and signed by Radiation

Protection Officer (RPO) located in attachment 1 - 5 of this agreement.

c. Both Parties: MPPEH incidents pose a significant safety threat to all parties involved in the disposal of range residue material. The Generator and DLADS agree to work cooperatively and in good faith to carry out the purpose of this Agreement. Each will direct their subordinate personnel to adhere to the terms of this Agreement and ensure SAFETY remains paramount.

5. REVIEW OF AGREEMENT: This MOA will be reviewed triennially in its entirety.

6. MODIFICATION OF AGREEMENT: This MOA may only be modified by the written agreement of the Parties.

7. DISPUTES: Any disputes relating to this MOA will, subject to any applicable law, Executive

Order, Directive, or Instruction, be resolved by consultation between the Parties. Unresolved disputes will be elevated to Headquarter DLADS and to the Commander, 35th Fighter Wing, Misawa Air Base, Japan.

8. TERMINATION OF AGREEMENT: This MOA may be terminated by either Party by giving at least 60 days written notice to the other Party.

9. TRANSFERABILITY: This Agreement is not transferable except with the written consent of the

Parties.

10. ENTIRE AGREEMENT: It is expressly understood and agreed that this MOA embodies the entire agreement between the Parties regarding the MOA’s subject matter.

11. EFFECTIVE DATE: This MOA takes effect beginning on the day after the last Party signs.

12. EXPIRATION DATE: This MOA expires on 1 August 2024 unless earlier terminated.

13. CANCELLATION OF PREVIOUS AGREEMENT: This MOA cancels and supersedes the previously signed agreement between the same parties with the subject Disposal Services dated

25 September 2013.

TIMOTHY J. SUNDVALL, Colonel, USAF

Commander, 35th Fighter Wing

Misawa Air Base, Japan

Date:

JOE ARNOLD,

Director, Pacific DLA Disposition Services

Date: