SF1449_SP450024D0010.PDF

PDF 2 MB Posted Jun 21, 2024

Attached to: Philippines HW Removal and Disposal Federal contract opportunity
Solicitation number: SP4500-24-R-0012
Issued by: Defense Logistics Agency

About this file

Written by GovTribe AI · Jun 21, 2024

This document is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract for the removal, transportation, and disposal of hazardous and non-hazardous wastes generated by U.S. Department of Defense (DoD) installations in and around the Philippine Islands. The contract has a 30-month base period and a 30-month option period. Pricing is based on container sizes for containerized wastes and gallons, pounds, or cubic yards for bulk wastes. The contract is performance-based, allowing the Contracting Officer to make monetary deductions or provide negative past performance assessments if acceptable performance levels are not met. The contractor, Sadath Business Group Pty Ltd, is required to use DLA-qualified transporters and disposal facilities. Key requirements include ensuring proper documentation, packaging, and labeling of waste, as well as compliance with host nation and DoD regulations. The total contract value is $615,489.90.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

SP4500-24-D-0010

2. CONTRACT NO.

2024 JUN 24

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4500

DLA DISPOSTION SERVICE - EBS

DLA DISP SVCSS HAZ CONTRACT

74 NORTH WASHINGTON

BATTLE CREEK MI 49037-3092

USA

Local Admin: Erik Rundquist S9D4441 Tel: 269-961-4891 Email: Erik.Rundquist@dla.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

562211NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

Net 30 days

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SP4500

SEE BLOCK 9

Criticality: PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

Z10W2

SADATH BUSINESS GROUP PTY LTD

5 BELLAVISTA COURT

NARRE WARREN NORTH VIC 3804

AUSTRALIA

TELEPHONE NO. +61 401 332 886

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

$615,489.90

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED

Erik Rundquist Erik.Rundquist@dla.mil

31b. NAME OF CONTRACTING OFFICER (Type or Print)

2024 JUN 21

31c. DATE SIGNED

SBG Offer dates 5/20/2024

2024-May-20

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

Erik Rundquist

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 4 PAGES

SP4500-24-D-0010

1. This contract is referred to as the “Philippines HW Disposal Contract.” Work will consist of the removal, transportation, and disposal of hazardous and non-hazardous wastes with the estimated monetary values indicated below:

Base Period: $129,304.60 Option Period: $148,700.29 Base + Option: $278,004.89 Max (200%) of Base + Options (FAR 52.217-8 & 9): $615,489.90

2. The contract's thirty (30) month base period shall be from 24JUN2024 to 23DEC2026; and the thirty (30) month option period shall be from 24DEC2026 to 23JUN2029, if exercised.

3. This contract contains the below attachments and other documents:

Attachment 1 Performance Work Statement Attachment 2 Price Schedule Attachment 3 Pickup Point Locations Attachment 4 CAC Application Process Attachment 5 Philippines Facility Profile Sheet Attachment 6 Philippines Transporter Profile Sheet Attachment 7 DD Form 1155 Example Attachment 8 DLA Form 2505 Attachment 9 Terms and Conditions

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 4 PAGES

SP4500-24-D-0010

Part 12 Clauses

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2023) DFARS

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- PROHIBITION (DEC 2023) FAR

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

Attachments

List of Attachments

Description File Name ATTACH_Clauses Attach 9 Terms and

Conditions Philippines.docx ATTACH_Clauses Attach 9 Terms and

Conditions Philippines.docx ATTACH_PWS Attachment 1 - PWS_Final

022624.docx ATTACH_Bid_Schedule Attachment 2 - Bid

Schedule sheet.xlsx ATTACH_Pick_up_Locatio ns Attachment 3 - Pick Up

Locations.pdf ATTACH_CAC_Application

_Process Attachment 4 - CAC

Application Process.pdf ATTACH_Facility_Profile_

Sheet Attachment 5 - Philippines-

Facility Profile Sheet.pdf ATTACH_Transporter_Prof ile_Sheet Attachment 6 - Philippines - Transporter Profile Sheet.

pdf ATTACH_DD_Form_1155_

Example Attachment 7 - DD Form

1155_Order for Supplies or Services.pdf

ATTACH_DLA_Form_2505 Attachment 8 - DLA Form 2505.xlsx

Attachment 9 SP450024D0010 Page 3 of 68

CLAUSES THAT APPLY:

DFARS 252.201-7000 Contracting Officer's Representative

FAR 52.203-3 Gratuities

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7003 Agency Office of The Inspector General

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

DFARS 252.211-7003 Item Unique Identification and Valuation

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

*The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-27 Prohibition on a ByteDance Covered Application

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.229-12 Tax on Certain Foreign Procurements

52.232-33, Payment by Electronic Funds Transfer --System for Award Management

*The following clauses cited under 52.212-5(c) are applicable to this acquisition:

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost –

Modifications, Alt IV

DFARS 252.225-7012 Preference for Certain Domestic Commodities

DFAS 252.225-7021 Trade Agreements

DFARS 252-225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

DFARS 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020- O0015)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian

Small Business Concerns

FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act)

FAR 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

FAR 52.242-15 Stop-Work Order

DFARS 252.243-7002 Requests for Equitable Adjustments

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea—Basic

FAR 52.253-1 Computer Generated Forms

ADDITIONAL CLAUSES WITH FILL-IN INFORMATION THAT APPLY TO THIS ACQUISITION:

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the award/effective date of contract through contract expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $200,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the 360th day after contract ends.

FAR 52.217-8 Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.ecfr.gov/

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

image1.png

Attachment 9 SP450024D0010 Page 3 of 68

CLAUSES THAT APPLY:

DFARS 252.201-7000 Contracting Officer's Representative

FAR 52.203-3 Gratuities

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7003 Agency Office of The Inspector General

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

DFARS 252.211-7003 Item Unique Identification and Valuation

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

*The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-27 Prohibition on a ByteDance Covered Application

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.229-12 Tax on Certain Foreign Procurements

52.232-33, Payment by Electronic Funds Transfer --System for Award Management

*The following clauses cited under 52.212-5(c) are applicable to this acquisition:

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost –

Modifications, Alt IV

DFARS 252.225-7012 Preference for Certain Domestic Commodities

DFAS 252.225-7021 Trade Agreements

DFARS 252-225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

DFARS 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020- O0015)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian

Small Business Concerns

FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act)

FAR 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

FAR 52.242-15 Stop-Work Order

DFARS 252.243-7002 Requests for Equitable Adjustments

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea—Basic

FAR 52.253-1 Computer Generated Forms

ADDITIONAL CLAUSES WITH FILL-IN INFORMATION THAT APPLY TO THIS ACQUISITION:

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Aug 2020)

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $200,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

FAR 52.216-22 INDEFINITE QUANTITY

FAR 52.217-8 Option to Extend Services

FAR 52.217-9 Option to Extend the Term of the Contract

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

FAR: https://www.ecfr.gov/

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

image1.png

0.0 PERFORMANCE WORK STATEMENT (PWS) (v.04/14/2022)

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

1.1.8 ACCESS TO U.S. DEPARTMENT OF DEFENSE INSTALLATIONS

1.1.9 RESERVED

1.1.10 CONTRACTOR PERSONNEL

1.1.11 DEFENSE BASE ACT (DBA) INSURANCE

1.1.12 FORCE PROTECTION

1.1.13 MILITARY TRAINING EXERCISE SUPPORT

1.1.14 TRANSPORTATION

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

1.2.8 DEFINITIONS

1.2.8.1 RESERVED

1.2.8.2 CONTAINERIZED WASTE

1.2.9 – 1.2.13 RESERVED

1.2.14 TRANSPORTATION

1.2.15 PACKAGING, MARKING AND LABELING

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATES OF DESTRUCTION

2.4 RESERVED

2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANISTERS

2.6 RECYCLING OR RECOVERY

2.6.1 COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

2.6.2 FACILITIES USED FOR THE COMBUSTION OF USED OIL

2.6.3 WASTE FOUND TO NOT MEET RECYCLING PARAMETERS 2.7 RESERVED

2.8 REGULATED/NON-REGULATED ITEMS BY OVERSEAS ENVIRONMENTAL

BASELINE GUIDANCE DOCUMENT (OEBGD)

3.0 MANAGEMENT SERVICES

3.1 -3.23 RESERVED

3.24 PERFORM ANALYSIS

3.24.1 CONTRACTOR-ELECTED ANALYSIS

3.25 – 3.34 RESERVED

3.35 MEDICAL ITEMS

3.36 TRANSPORTATION CHARGES

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

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 PACKAGING, MARKING, LABELING AND PLACARDING

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

7.0 STANDARD TIMES FOR WASTE REMOVALS AND 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 ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT (PWS)

a. This contract is referred to as the Philippines Hazardous Waste (HW) Disposal Contract. The selected contractor will provide expertise, management and all services required to arrange the removal, transportation, storage, disposal (or recycling) of hazardous wastes generated by United States (U.S.) Department of Defense (DoD) installations in and around the Philippine Islands identified in the attachment. Additional removal locations within the Philippine Islands may be added at any time throughout the duration of this contract as needed, and at no additional cost to the U.S. Government (USG).

This contract requires the removal, transportation, and disposal of wastes, regulated by the Republic of the Philippines, the Philippines Department of Environment and Natural Resources (DENR), and as managed by the Generator under the Overseas Environmental Baseline Guidance Document (OEBGD). The OEBGD is found at this link: https://www.denix.osd.mil/international/policy/oebgd/

The Contractor is advised that some requirements for information may be required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8, 3.29, and 5.1.

b. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized wastes will most commonly be based on container sizes. Pricing for bulk wastes will most commonly be based on gallons, pounds, or cubic yards, as applicable.

d. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract and allows the Contracting Officer (KO) to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.

e. The USG agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, Host Nation (HN), OEBGD, and DoD regulations relating to the generation, storage, and transportation of waste. Waste turned in for disposal under this contract will only be shipped by transporters appearing on the Defense Logistics Agency (DLA) Qualified Transporter List (QTL) to facilities appearing on the DLA Qualified Facility List (QFL) per Sections 5.0 and 5.1 of this PWS.

f. The Contractor agrees to provide all services necessary for the final recycling, treatment, or disposal of the materials listed in the Price Schedule of this contract in accordance with the Host Nation (HN) and respective national and local environmental laws and regulations, as well as any applicable international agreements governing the transportation of dangerous goods and the terms and conditions of this contract. This includes ensuring all vehicles transporting materials subject to this contract are properly placarded in accordance with applicable HN and DENR transportation laws applicable to this requirement. These services shall include all necessary personnel, including applicable joint venture partners, representatives, labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract to include inspecting, packaging, marking and labeling, loading, unloading, removal, transportation, and disposal/recycling of materials subject to this contract from U.S. DOD facilities in and around the Philippine Islands.

h. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description according to the waste profile for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Example: Base CLIN “CS01” represents Corrosive Acids, Inorganic other than HF and HNO3, <50% in Water, and the CLIN Suffix “C4” designates the unit of issue as a 55-Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) Each of CLIN CS01C4. General information regarding Profile Based CLINs may be found at: http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx for more details.

i. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., some polychlorinated biphenyls (PCBs), demilitarization-required items, etc. The Contractor is cautioned to closely read all CLIN descriptions where such requirements are indicated. Unless explicitly written elsewhere in this PWS, the Contractor must only provide a CD when so reflected in the Price Schedule CLIN description and IAW Section 2.1.

j. Publications and attachments applicable to this contract will be made available upon request. During the solicitation and life of this contract, the Government may make requirement changes, additions, and/or deletions to those initially identified.

k. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract are in UN approved packaging.

l. Minimum TO charges under this contract will be $2,000.00, except where exceptions are otherwise specified in the contract.

m. Required time frames for Contractor performance of services including waste removal are expressed in calendar days. For timekeeping purposes in the performance of services, the day in which the Task Order (TO) is issued to the Contractor will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”.

n. All materials/wastes subject to this contract must be identified and transported in accordance with all HN and DENR transportation and safety standards and/or those indicated in the Globally Harmonized System (GHS).

o. All Contractor personnel performing work under this contract shall be qualified via applicable HN and DENR training regulations and have appropriate work experience. Upon request by the Government, the Contractor shall provide proof that these trainings were completed and/or that the Contractor has relevant work experience.

p. It is the Contractor’s responsibility to obtain all required HN permits for transport of waste (e.g., over the water and over the road transport permits). The Contractor shall obtain these permits at no additional cost to the U.S. Government (USG).

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

r. For purposes of this Contract, the term Treatment, Storage, and Disposal Facility (TSDF) shall also include recycling facilities.

1.0 REMOVAL PHASES

The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must always perform in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. 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 federal property.

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

CLINs are assigned to waste streams by the USG, and are designed around US EPA regulations, treatment, and disposal technology standards, though. The waste description, generation process, physical state, and EPA Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN Suffix.

a. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:

(1) Batteries (BA) – Used for all battery types, some, or all of which may be turned in as Universal Waste (UW) where no EPA Waste Codes are assigned, or as Hazardous Waste (HW), where applicable EPA Waste Codes are assigned.

(2) Corrosives (CS) – Used for all corrosive wastes meeting the EPA definition of corrosive and carrying the EPA Waste Code D002, unless it is a Lab Pack/Loose Pack, or unless the waste is concurrently assigned a D001 (ignitable) or D003 (reactive) Waste Code. Some corrosive acid oxidizers may carry the D001 Waste Code and be assigned a CS CLIN.

(3) Compressed Gas Cylinders/Cartridges/Vessels (CY) – Used for all types of compressed gas cylinders, vessels, canisters, and cartridges. Base CLINs are assigned based on the specific chemical name of the gas or gases comprising the contents of the cylinder, vessel, or canister. Cartridges are assigned Base CLINs based on whether the gas is flammable or inert.

(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001 Waste Code, unless it is a Lab Pack or Loose Pack containing other than paint-related materials, or unless the waste is concurrently assigned a D003 (reactive) Waste Code. FL CLINs may also be assigned to waste streams not carrying the D001 Waste Code but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

(5) Lab Packs/Loose Packs (LP) – Used for most overpacked small containers of chemicals and consumer commodity-type products. “Lab Pack” refers predominantly to the overpacking of multiple containers of like laboratory chemicals into a single outer container. The chemicals must be of the same DOT hazard class and a detailed inventory must be affixed to the outer container. Lab packing is a packaging method performed by the Contractor (or Subcontractor) under a separate service CLIN. “Loose Pack” refers predominantly to the overpacking of multiple containers of like consumer commodity products (e.g., paints, lubricants, expired products, etc.) into a single outer container and does not require the preparation of a detailed inventory. Generators of this waste may be authorized to loose-pack containers for turn-in. Lab-packed and loose-packed drums and boxes containing smaller containers of same type wastes provide the best alternative when consolidation is impractical. For purposes of disposal, Lab Packs and Loose Packs share the same Base CLIN depending upon the contents of the inner containers and their assigned EPA Waste Code(s) when applicable.

(6) Non-Regulated (NR) – Used for wastes that are not deemed hazardous under the OEBGD and carry no Waste Code(s). Some such wastes may be HN regulated and may carry HN-specific Waste Code(s). The Contractor is required to comply with HN regulations, as applicable, in the management of such non-Regulated wastes.

(7) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of polychlorinated biphenyls (PCBs) that is equal to or greater than 50 parts per million (ppm). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below the 50 ppm thresholds. The Contractor is required to comply with HN regulations, as applicable, in the management of such PCB-related wastes.

(8) Recycle/Recovery (RE) – Used for various wastes that require by contract and/or regulation the recycling/recovery of constituents and/or components contained in the waste stream, including some universal wastes, lamps, high mercury devices and residues, antifreeze, used oil, oil filters, and fully drained fuel filters. When “RE” CLINs are ordered, the Contractor is required to recycle/recover the waste under which the CLIN was ordered.

(9) Reactive (RX) – Used for various reactive wastes bearing the D003 Waste Code or potentially bearing reactive characteristics. All wastes bearing the D003 Waste Code will be turned in for disposal using an “RX” Base CLIN, except for waste also contaminated by a source of PCBs that is equal to or greater than 50 ppm.

(10) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive waste bearing the D001, D002, or D003 Waste Codes, respectively, apart from hexavalent chromium (Cr+6) related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6.

b. Base CLIN selection criteria is further based upon information found in the waste profile sheet to include the waste description, physical state of the waste, and the presence of assigned EPA Waste Code(s). Every Base CLIN offered to Generators for use in the Price Schedule has corresponding permissible EPA Waste Code(s), unless the CLIN is for non-EPA regulated waste. “Permissible EPA Waste Codes” does not imply that any or all those waste codes so listed will apply, but that no other EPA Waste Code(s) are allowed to be carried for the waste under the assigned CLIN. Furthermore, the term “Listed" for purposes of this contract does not imply that all EPA Listed (F, K, P, and U) Waste Codes may apply. The USG will ensure that all wastes being turned in for removal will carry the applicable EPA Waste Code(s) for management of waste on the DoD installation/activity.

A Base CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence:

(1) PCB-Related, Containing or Contaminated by a Source >50 ppm

(2) Reactive (D003)

(3) Ignitable/Oxidizer (D001), other than Cr+6 related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6.

(4) Corrosive (D002)

(5) Toxic (D004-D043 and any additional D-Codes newly established by EPA)

(6) Acutely Hazardous (P-Listed)

(7) Leachate (F039)

(8) Electroplating-Related (F006-F012, F019)

(9) Spent Solvent (F001-F005)

(10) Other F-Listed

(11) U-Listed

(12) K-Listed

(13) HN-Regulated Waste

(14) Non- Regulated Waste

c. Base CLIN sequence number – Refer to the Master Disposal CLIN Catalog.

d. CLIN Suffix – Refer to the following CLIN Suffix Table:

CLIN Suffix Table

Containerized Wastes

CLIN Suffix→

Container Size:

Type:

Up to 5 Gal or 30 Liters

(DM/DF)

Up to 15 Gal or 60 Liters

(DM/DF)

Up to 30 Gal or 120 Liters

(DM/DF)

Up to 55 Gal or 200 Liters

(DM/DF)

Unit of Issue:

CLIN Suffix→

Container Size:

Type:

Up to 110 Gal or 360 L

(DM/DF)

Pallet, CYB, or Tri-Wall Box

Containerized Pounds

Containerized Kilograms

Unit of Issue:

Compressed Gas Cylinders (Sizes do not include valve or handle.)

CLIN Suffix→

Size Category:

Lecture

Small

Medium

Large

Size Up To:

3" x 12"

4" x 24"

12" x 36"

16" x 56"

Unit of Issue:

CLIN Suffix ME (Misc. Each) also has other applications, e.g., on-site vacuumed/pumped 55-gal drums.

e. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the USG. If the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters:

(1) The Contractor must notify the KO in writing of the rationale and proof for waste rejection at least five (5) business days before pickup. This must include written input from at least two recycling facilities listed on the Qualified Facilities List (QFL), at least one of which is not owned by the Contractor.

(2) The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to a disposal CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

FUELS BLENDING: Unless expressly prohibited by HN regulations, fuels blending will meet the recycling/recovery requirements for wastes with a minimum energy value of 2,500 BTUs/Lb, including wastes containing solvents, paints, antifreeze, and used oil..

1.1.1.1 CLIN DISPUTES

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

b. The Government 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 or changes, 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. The Contractor must provide documentation electronically to the KO and COR within 10 business days from the Treatment, Storage and Disposal Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. a. The Contractor shall, without additional expense to the USG, be responsible for paying all fees, preparing, or obtaining any necessary licenses, permits, customs notifications (if applicable), other notifications, waste profiles, and/or reports, which result from a Contractor's transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations required by the HN and/or DENR or as necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable regulators for waste disposal. This includes signing (on behalf of the USG) waste profiles required by Treatment, Storage, and Disposal Facilities (TSDF), which includes recycling facilities. All Contractor signed waste profile sheets shall be written for the actual waste stream using the Generator's profile for backup documentation. The Contractor shall be responsible for all damages to persons or properties that occur because of Contractor negligence.

b. The Contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, and/or forklift training.

c. The Contractor and any Subcontractor(s) shall use only the facilities and transporters currently (at the time of removal) listed in the Defense Logistics Agency Disposition Services (DLADS) Qualified Facilities List (QFL) and Qualified Transporters List (QTL), per Section 5.0.

1.1.2.1 REPORTING REQUIREMENTS

a. The Contactor shall provide an annual report summarizing hazardous waste movements from point of generation to disposal facility. The summary shall be utilized as the tracking log.

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File details come from the government source that posted it. Updated Jun 21, 2024.