SP4500-21-R-0002 Guam Scrap.pdf

SP4500‐21‐R‐0002

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

1.0 GENERAL INFORMATION

1.1 GENERAL

1.2 STATEMENT OF SERVICES

1.3 CONTRACT INFORMATION

1.4 CLIN FORMAT AND COMPENSATION OF SERVICES

1.5 CONTRACTOR RESPONSIBILITIES

1.6 LICENSES AND/OR PERMITS

1.7 SPECIAL REQUIREMENTS

1.8 REPORTS

1.9 REQUIRED INFORMATION

1.10 CONTRACTOR IDENTIFICATION

1.11 RAPID GATE SECURITY

2.0 MANAGEMENT OF COLLECTION SITES

2.1 REMOVAL OF CURRENT INVENTORIES

2.2 EXPEDITED REMOVALS

2.3 DESIGN / ORGANIZE/SET UP

2.4 FORWARD COLLECTION SITES

3.0 CONTAINER MANAGEMENT

3.1 DROP OFF, PICKUP, AND LOADING

3.2 WEIGHING

3.3 REMOVAL

3.4 TRANSPORTATION

3.5 SPILL RESPONSIBILITIES

3.6 SPILL REPORTING REQUIREMENTS

3.7 SPILL REPORT

4.0 RECYCLING AND DISPOSAL

4.1 RECYCLING

4.2 DISPOSAL

5.0 COMPLIANCE WITH LAWS

5.1 COMPLIANCE TERMS AND CONDITIONS

6.0 DELETED

7.0 DEMILITARIZATION (DEMIL) / MUTILATION (MUT)

7.1 CLINs 0044_B AND 1044_B

7.2 OFF SITE DEMIL / MUT PLANS

7.3 WEIGHING OF DEMIL / MUT ITEMS

7.4 TRANSPORTATION OF DEMIL / MUT REQUIRED PROPERTY

8.0 REQUIRED REPORTS

8.1 ACCOUNTING

8.2 COLLECTION REPORTS

8.3 MONTHLY REPORTS

8.4 SEMI-ANNUAL REPORT

8.5 SHIPPING DOCUMENTS

8.6 SHIPPING DOCUMENT TRACKING LOG

8.7 HM / HW REPORT

8.8 TRADE SECURITY CONTROL CLEARANCE (TSCC)

8.9 DEMIL CODE CHANGE NOTICES

8.10 CONTRACTOR MANPOWER REPORTING

9.0 SAFETY REQUIREMENTS

9.1 SAFETY AND HEALTH PRECAUTIONS

9.2 VOLUNTARY PROTECTION PROGRAM (VPP)

10.0 WEATHER

10.1 ADVERSE WEATHER

11.0 OBLITERATION OF DOD MARKINGS

11.1 REMOVAL OF DoD MARKINGS

12.0 DISPOSAL / RECYCLING OUTSIDE THE COUNTRY OF ORIGIN

12.1 TRANSPORTING SCRAP TO OTHER COUNTRIES

13.0 MISIDENTIFIED ITEMS

13.1 NOTIFICATION REQUIREMENT

14.0 ENVIRONMENTAL CONTROLS

14.1 WASTE REMOVAL

14.2 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

15.0 CONTRACTOR-FURNISHED SUPPLIES, FACILITIES, AND SERVICES

15.1 EQUIPMENT AND MATERIALS

16.0 CONTRACTOR PERSONNEL: CONTRACT MANAGER / ALTERNATE CONTRACT MANAGER

/ ON-SITE TECHNICAL REPRESENTATIVE

16.1 CONTRACTOR POINTS OF CONTACT

16.2 CONTRACTOR MANAGERS

16.3 APPEARANCE

16.4 ENGLISH REQUIREMENTS

16.5 CONTRACTOR KNOWLEDGE

16.6 RESTRICTIONS

16.7 EMPLOYEE TRAINING

16.8 PASSES FOR ENTRY INTO MILITARY INSTALLATIONS

17.0 PROGRESS MEETINGS

17.1 MEETINGS

18.0 U.S. GOVERNMENT-FURNISHED MATERIAL

18.1 FORMS AND PUBLICATIONS

19.0 U.S. GOVERNMENT-FURNISHED SERVICES AND FACILITIES

19.1 U.S. GOVERNMENT PERSONNEL

19.2 DEMIL CERTIFICATION TRAINING / INSTRUCTIONS

19.3 UTILITIES

19.4 OFFICE SPACE

19.5 INSTALLATION / EMERGENCY POINTS OF CONTACT

20.0 DUAL USE U.S. GOVERNMENT EQUIPMENT

20.1 AVAILABILITY

21.0 SECURITY

21.1 PHYSICAL SECURITY

21.2 KEY CONTROL

21.3 CLASSIFIED / CONFIDENTIAL MATERIAL

21.4 MPPEH

21.5 CLASSIFIED / CONFIDENTIAL REPORT

21.6 RANGE RESIDUE

22.0 POST-AWARD ORIENTATION CONFERENCE

22.1 POST AWARD ORIENTATION CONFERENCE

23.0 PHASE OUT

23.1 SITE VISITS

24.0 REVERSION

24.1 CANCELLATION OF SERVICES

25.0 PUBLIC AFFAIRS COORDINATION

25.1 PUBLIC RELEASE OR DISSEMINATION OF INFORMATION

26.0 DELETED

27.0 DELIVERIES AND PERFORMANCE

27.1 PERIOD OF PERFORMANCE

27.2 PLACE OF PERFORMANCE

27.3 CONTRACT EFFECTIVE PERIOD

27.4 TIME OF PERFORMANCE

27.5 CONTAINER PLACEMENT

27.6 CONTRACTOR NOTICE – LATE DELIVERY AND/OR PERFORMANCE

27.7 ACCEPTABLE PERFORMANCE LEVELS (APLs)

28.0 TRANSPORTERS AND TREATMENT, STORAGE, DISPOSAL AND RECYCLING FACILITIES

(TSDRF)

28.1 QUALIFIED FACILITIES AND TRANSPORTERS

28.2 POST AWARD USE OF FACILITIES AND TRANSPORTERS

28.3 FACILITY REMOVAL

28.4 TRANSPORTER REMOVAL

29.0 INDEMNIFICATION

30.0 INVOICE PROCEDURES

30.1 INVOICE SUBMISSION

30.2 REQUIRED SUPPORTING DOCUMENTATION

30.3 CREDITS TO THE GOVERNMENT

PERFORMANCE WORK STATEMENT

1.0 GENERAL INFORMATION

1.1 General: The contractor shall provide all personnel, equipment, containers, tools, materials, supervision, vehicles and other items or services necessary to perform scrap removal, demilitarization (DEMIL) / mutilation (MUT) on-site/offsite operations including disposal and recycling. The contractor shall meet the standards including disposal and recycling as defined in this Performance Work Statement for DLA Disposition Services site(s) located at US Territory of Guam. Additional pick-up locations within the listed installation(s) above may be added at no additional cost to the government.

1.2 Statement of Services:

1.2.1. Background: DLA Disposition Services disposes of foreign excess personal property of the United States Department of Defense (DoD). DLA Disposition Services receives property that is no longer required for use in the DoD and makes a determination whether the property is usable or scrap. If usable property is not needed for redistribution within the Federal U.S. Government, it may be donated to state and local U.S. Governments, sold to the general public, or processed for reclamation of specific metals and materials required for use by the DoD. Only material that has not been disposed of by these outlets or is determined to be scrap shall be subject to this contract.

1.2.2. Purpose: The purpose of this contract is management services to include collecting, transporting, recycling, disposing, demilitarizing and de-manufacturing of scrap and recyclable material in an environmentally responsible and compliant manner. This contract does NOT involve disposal of hazardous materials (HM) or hazardous waste (HW). Scrap and recyclable materials may include range residue that have been assessed as safe (MDAS = Material Documented as Safe).

1.2.3. Objectives: The objectives of contracting for scrap services are to ensure compliant scrap disposal management; to decrease disposal costs; to maximize economic off-sets; to reduce the U.S.

Government's capital investment (facilities and equipment costs) and infrastructure; to reduce solid waste disposal through increased recycling; and to move property efficiently.

1.2.4. Definitions: A list of definitions is provided in Attachment 2.

1.2.5. Permits: The U.S. Government will not seek facility or equipment permits for regulatory compliance.

Therefore, contractor-proposed changes to current operations that trigger permitting requirements within U.S. Government installations will not be allowed.

1.3 Contract Information:

1.3.1. Term of the Contract: The contract includes one (1) 30-month base period and one (1) 30-month option period.

1.3.2. Contract Type: The contract(s) awarded from this solicitation will be a Firm Fixed Price, Indefinite Delivery / Indefinite Quantity, Performance-Based, Commercial Service contract.

1.3.3. Contract Minimum/Maximum: The minimum amount for the base period shall be $25,000.00, with no minimum for the option periods. The maximum amount for the base and priced option shall be 200% of the estimated value of the period.

1.3.4. Task Orders: Task Orders (see Attachment 3, DD Form 1155) will be issued based upon the unit prices established in the contract price schedule. No task order will be issued unless funds are available. The accounting and appropriation data will be stipulated on each task order. The issuance of a task order shall constitute notice of availability and obligation of funds for the items listed on the task order.

1.3.5. Task Order Adjustments: All task order quantities are estimated amounts. The contractor can expect that the task order quantities will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. Therefore, the Government has the unilateral right to increase the task order quantity in those instances where the Government has underestimated the amount of weight that is required to be removed so the Contractor can continue performance. The Government has the unilateral right to decrease the task order weight in those instances where the Government has overestimated the quantity that is required to be removed. In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the Government to issue task order modification (i.e.

quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the contractor does not agree with the change or changes, the contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

1.4 CLIN Format and Compensation of Services:

The Schedule of Prices (Attachment 1) displays the CLIN, description and estimated quantity (weight) of each type of scrap material available for recycling and/or disposal. These quantities are forecasted thirty (30) month future generations based on historical data. When possible and for informational purposes only, U.S. Government Scrap Classification codes (SCL) are listed for each scrap item within the Schedule of Prices. Information describing the service or type of scrap material, collection/pickup area, and special handling requirements (demilitarization/mutilation and/or destruction, and de-manufacturing) are contained in each Contract Line Item Number (CLIN) format as follows:

a. The first four (4) positions are numeric and indicate service or scrap material for transportation, recycling, and disposal (e.g. “0007” is Insulated Copper Wire and Cable).

b. The fifth (5TH) position is an alpha-character and indicates the DLA Disposition Services site collection/pickup area. If sites are added during the duration of this contract, some characters will represent these additional pickup areas.

DLA Disposition Services Sites:

K = Guam

c. The sixth (6th) position indicates special handling requirements as follows:

A = Scrap / Recyclable material. No special handling requirements.

B = DEMIL \ MUT Scrap Material requiring demilitarization and / or destruction in accordance with PWS 7.0.

d. For CLINs 0001, 1001, and 2001 only, the sixth (6th) position differentiates the various levels of service. If sites are added during the duration of this contract, some characters will represent these additional pickup areas level of service.

A = Full time (40 hrs./wk.), Full Service (Contractor load)

e. Special Services CLINs - Demilitarization (DEMIL) / Mutilation (MUT) CLINs X044_B:

CLINs identified by “B” in the sixth position require DEMIL/MUT. This CLIN shall be ordered by the “pound”. The unit of issue of “pound” will represent a per pound rate. The contractor must be able to perform DEMIL/MUT of property during normal operating hours at U.S. Government collection sites designated by the Contracting Officer.

Exception to this is the demilitarization of fired cartridges that require DEMIL by smelting (offsite).

See the definitions of Demilitarization and Mutilation in Attachment 2.

The contractor shall ensure a DEMIL/MUT Certificate is completed and signed by an approved certifier and verifier after the property is completely destroyed. The contractor shall provide written certification that DEMIL/MUT of the property has been accomplished in accordance with DoD regulations. Disposal of residual material (hazardous waste and / or solid waste) not listed under is the responsibility of the U.S. Government. Employees performing the DEMIL/MUT are required to be in possession of all required permits and licenses (for example: torch cutting permit, shredder operator license, crane operator license, forklift operator license) and must comply with all local, state federal, and, international and prefectural laws. DEMIL work is intended at DLA Disposition Services sites as designated by Contracting Officer.

Once DEMIL / MUT work is performed and certified, the contractor shall segregate scrap items into scrap containers and removal will be requested under the appropriate. See PWS 7.0 titled, “Demilitarization (DEMIL) / Mutilation (MUT),” for further requirements. All circuit cards and microprocessors removed from the DEMIL/MUT process shall be returned to the U.S. Government.

1.5 Contractor Responsibilities:

a. The contractor is responsible for performing all services necessary in connection with management of scrap collection site(s), transportation, removal, recycling, and disposal of scrap materials.

Required contractor services include all staff, equipment, management of scrap collection sites, documentation, provision and maintenance of containers, and coordination with the Contracting Officer Representative (COR) on the placement of material into containers. All scrap property shall be maintained in containers and will not be left stored on the ground or outside of containers overnight except for “oversized items,” such as vehicles, boilers, expended cartridges, and cases. For material stored on the ground or outside of containers, the contractor shall maintain that material in a neat and clean condition to prevent collection of rainwater. The contractor shall provide a sufficient number of containers to efficiently remove full containers while ensuring enough containers are available to prevent new generations of property from being stored on the ground or outside of containers overnight.

b. When X044_B is ordered, the contractor is responsible for the DEMIL/MUT of special handling property as designated by the COR. All CLINs identified by a “B” in the sixth position of the CLIN require DEMIL / MUT. See PWS 7 for additional requirements.

1.5.1. CLIN 0001 Management of Scrap Collection Site(s):

a. Includes all staff, equipment, coordination, waste management and documentation necessary to perform the services described below. The U.S. Government plans to issue task orders for management services during the entire period that the contract is in effect subject to adequate funds availability. However, prospective offerors are reminded that this is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract and the quantity of management services specified in the Schedules are estimates only and are not purchased by this contract on the date of award. In accordance with FAR 52.216-22, entitled “Indefinite Quantity (Oct 1995), the contractor’s performance shall be made only as authorized by task orders issued in accordance with the Ordering clause.

b. Contractor is responsible for performing all services necessary in connection with establishing and maintaining a scrap material collection site at locations and operating hours specified in Attachment 4, with the exception of those services provided by the U.S. Government. Contractor shall maintain a neat, clean collection site and shall operate the collection site in accordance with all Federal, State and Local laws, and DoD requirements specified herein. The contractor shall maintain the containers so that material does not overflow, overhang the containers, or otherwise create unsafe conditions.

c. In addition to receiving the management of scarp collection site fee, the contractor shall be paid the weight-based (“per pound”) disposal fee for any materials it processes and return a “percent of index” fee to the U.S. Government (where applicable).

d. Segregation is the process of identifying the material for its basic material content. The DLA

Disposition Services personnel establish the basic material content, which includes packing material, i.e. shrink-wrap, paper, etc. on scrap content. This determination is based on the predominant composition by weight of an item in the best interest of the U.S. Government. Questionable items will be determined in conjunction with the CO, COR, and contractor.

e. The contractor personnel may further break down an item into its individual basic material contents and sort for better scrap grouping. Further segregation by the contractor must not negatively influence storage and generator scrap receipt operations and does not include packaging material from scrap. This process is accomplished by the onsite contractor personnel at no additional cost to the U.S. Government. Scrap material being further segregated shall be stored in containers. Further segregation shall be completed within 2 weeks of receipt or placed in the original CLIN identified by DLA Disposition Services personnel.

f. The contractor must staff and equip location so that it can demilitarize / mutilate material from DoD generating activities and DLA Disposition Services Sites in coordination with the COR during each site’s operating hours. The contractor must be able to perform DEMIL / MUT of property Monday through Friday at all DLA Disposition Services Sites when CLINs requiring DEMIL / MUT are identified on a task order. The U.S. Government may order these services on a monthly basis as long as this contract is in effect. Contractor shall be responsible to staff and equip each site with the appropriate amount of personnel to provide the required services. During the DEMIL / MUT process, the contractor shall collect, in U.S. Government-provided containers, any residual hazardous material or hazardous waste generated from these processes that are not listed under.

Once collected, the containers shall be turned over to the U.S. Government for disposal.

1.6 Licenses and/or Permits:

The contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses and/or permits to conduct these services in accordance with all local, state, federal and international laws, ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap materials. The contractor shall maintain all licenses and/or permits during the entire life of the contract. All renewals and/or changes to licenses and/or permits shall be provided to the Contracting Officer within 5 calendar days of any renewal and/or change.

1.7 Special Requirements:

The Contractor, at their own expense, is required to attend special training, seminar, instruction, class, etc. provided by the U.S. Government, to perform the work or gain access to the installation. Some examples include but are not limited to: Pass and ID requirements, anti-terrorism/force protection training, Environmental Management System policies training, forklift training, DEMIL training and safety training.

1.8 Reports:

Contractor shall prepare and submit all reports mandated by the US Government such as notifications, annual reports, Annual Waste Balance Sheet, required quantity forecasts, proof of recovery or recycling, scrap material logs, and five-year plans. The contractor must meet reporting requirements established by U. S. Federal, State and local law, International ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap, and other materials generated from the scrap processes. Contractor shall submit reports in accordance with PWS 8.0 titled, “Required Reports” and as stated below:

1.8.1. Required information:

Task Order, Actual Amount Removed, CLIN, Material Content, Weight, Sold, Recycled, Landfilled, Incinerated, Other Disposition – [When used, provide specific details]

Below is the desired format of the report:

SAMPLE REPORT - ONLY

Final Disposition of Material

Contract Number:

Task Order Number:

SAMPLE REPORT ONLY

Pickup Date:

Disposition of Material, CLIN

Metal Type

Quantity and Unit of Issue e.g., Recycled, incinerated, land-filled

0014XX Aluminum 300 lbs. Recycled 0009XX Brass 100 lbs. Recycled Bronze Copper Ferrous, mixed

Ferrous, light Total

Weight

SAMPLE

REPORT

- ONLY

The commodities listed in the report sample above are only examples. The contractor shall list all commodities that are actually sold, recycled, or disposed. The report will reflect the final dispositions of all commodities on each task order. The report shall be submitted upon completion of each task order.

The COR shall certify the report for acceptance of services provided under the task order.

1.9 Contractor Identification:

All contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with U.S. Government personnel. In addition, all contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

1.10 Rapid Gate Security:

All Navy and Marine Corps installations require Navy Commercial Access Control System (NCAC) badges to gain access. Rapid Gate requires a security background check for Contractors and Contractor employees and once approved, the individual has access to that installation for the length of the contract.

Contractors and Contractor personnel must be enrolled in NCAC to access installations. There is a “per person/per location” fee. It takes approximately one month for initial company background investigations to be completed and enrollments to be processed. Any Rapid Gate Security fees shall be included in the pricing for this contract. Costs of enrolling in the program are outlined below.

a. Company Enrollment for one year is $199 for a single installation (base) OR $249 for two or more installations.

b. Employee Enrollment for one year is $159 for a single installation OR $199 for two or more installations.

c. There is a 90-day subscription option for $59. This is for one employee for a single installation. Each additional installation is an additional $59.

d. Additional information can be found at: http://www.rapidgate.com/index.php

NOTE: Prices may be subject to change.

2.0 MANAGEMENT OF COLLECTION POINTS

This effort will start with the first working day of the basic contract period and will entail the establishment of the collection points, placement of contractor’s containers while performing in accordance with this contract.

2.1 Removal of Current Inventories:

The contractor shall provide containers and remove current inventory of scrap materials and incoming generations once container is full. If not full, within 30 days of issuance of the first task order for this work. Upon completion of current inventory, the contractor is responsible to perform all other work in accordance with the performance periods identified within the contract and as specified in PWS 27.0 titled, “Deliveries and Performance.” A sample inventory January 2020 is listed in Attachment 5 titled, “DLA Disposition Services Inventory Snapshot.” Additional Workload History for Fiscal Year (FY) 2018 and FY 2019 are provided in Attachment 6 titled, “Workload History” for each DLA Disposition Services site. Because the current inventory is only a snapshot in time January 2020, an updated inventory list will be provided upon request within ten (10) calendar days after contract award date. The updated inventory list may not accurately represent future inventory quantities.

2.2 Expedited Removals:

When the expedited removal CLINs are ordered, scrap property must be removed within the specified calendar day timeframe. Expedited removal CLINs may be ordered in association with any CLIN(s) at any site(s) in the contract. This is an exception to the standard removal timeframe as specified in Section

27. Minimum TO charges will not apply to a TO containing an expedited removal CLIN. When expedited removal is required, CLINs 6332-6333 will be ordered based on the amount of scrap to be removed. One (1) each will be ordered for 40-foot containerized scrap up to 10,000 pounds.

When the expedited performance CLINs are ordered, performance must be accomplished within the specified calendar day timeframe. Expedited service CLINs may be ordered in association with any service CLIN(s) at any site(s) on the contract. This is an exception to the standard performance timeframe as specified in Section 7. Minimum TO charges will not apply to a TO containing an expedited service CLIN. When expedited service is required, CLIN 6342-6343 will be ordered based on the amount of service to be performed. One (1) each of CLIN 6342-6343 will be ordered for up to five

(5) Service TO lines. Ordering of an expedited CLIN is further limited to one (1) each expedited CLIN per site including the surrounding area (i.e. all pick up sites on an installation).

Contractor shall provide the COR with the required paperwork IAW section 1.1.2 as follows:

CLINs Description Paperwork Submission

6333, 6343 5-Day Expedite 2 Days Prior to Performance 6332, 6342 7-Day Expedite 4 Days Prior to Performance

2.3 Design/Organize/Set-Up:

The contractor shall establish efficient scrap collection points at DLA Disposition Services Guam and at future collection sites as required/requested by the US Government. Collection points shall be designed to utilize current allocated space, establish optimal efficiencies in collecting, transporting, recycling and disposing of the scrap material in an environmentally compliant manner without triggering the requirement for the U.S. Government to obtain any new permits. The contractor will be given a 30-day commencement period after contract award to complete design and set up. The Government has the right to reject any contractor proposed design scrap collection site.

The U.S. Government does not intend to construct permanent fixtures. The collection point should be tailored to the scrap material received and containers shall be sufficient for each type of scrap generated.

The objective is to have adequate containers in place to begin performance of the contract effective 30 days after contract award. All additional containers must be in place by the close of business on the last day of the first work week of the contract performance period. All containers must be identified by an attached visible magnetic placard with the minimum overall dimensions 40 cm x 60 cm with 4 cm lettering and at a minimum the following information in English: CLIN for applicable site (example _005WA, _013WA, etc.) and the Basic CLIN description. Additional information may be added as specified by the COR.

At DLA Disposition Services site, the scrap yard space utilized will be based on the history of generations and may be reduced to reflect current requirements. While maintaining compliance, the DLA Disposition Service Scrap COR decides how many and what type of containers will be used at each collection point to meet the contract requirements.

2.4 Forward Collection Sites (FCSs):

Forward Collection Sites may be designated after award of the contract and will be identified by the Contracting Officer. Forward collection sites and scrap materials not already identified may be added via modification and will include individual CLINs based on location and the types of materials / commodities anticipated. The contractor is required to load their conveyance at forward collection sites.

See PWS 27.2 titled, “Place of Performance” for additional information on places of performance.

3.0 CONTAINER MANAGEMENT

3.1 Drop off, Pickup, and Loading:

As part of the management of the scrap collection sites, the contractor shall drop off containers, pickup, and load at the designated sites during the hours specified in Attachment 4 and in accordance with PWS

27.5 titled, “Container Placement.” Contractor will ensure Local and Installation safety requirements are met. Date and time for loading at the sites will be coordinated with the COR. Removal / exchange of containers will be determined by the DLA Disposition Service Scrap COR. Containers must be covered at all times to prevent collection of rainwater, except when placing or removing scrap material.

Containers must be covered except when placing or removing scrap material to prevent collection of rainwater. CLINS requiring DEMIL and MUT must be secured at all times. Questionable removal and replacement of containers will be determined in conjunction with the CO, COR, and contractor.

3.2 Weighing:

Each conveyance shall be weighed by the contractor, utilizing U.S. Government scales at DLA Disposition Sites Guam, before and after scrap material is loaded onto the contractor’s conveyance. An authorized U.S. Government representative will witness the weighing on U.S. Government scales.

Weight tickets will be provided to the COR for the tare weight and loaded weight. The loaded and tare weight of each shipment shall be recorded on the shipping document. The weight, agreed to by the contractor and the U.S. Government representative at the time of removal, shall be the basis for invoice payment calculations.

At forward collection sites or locations other than established DLA Disposition Services sites, unless the U.S. Government indicates a U.S. Government scale may be available and shall be used, the contractor shall have a portable scale that can weigh scrap material. The portable scale must be certified by the U.S. Government as to proper weighing ability and must be approved by the Contracting Officer. The driver of the truck carrying the portable scales must keep the annual calibration certificate readily available for COR inspection. An authorized U.S. Government representative will witness the weighing on U.S. Government or other certified scales. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the contractor will not be included in the weight.

Containers and pallets that are to be destroyed along with the scrap materials that they contain shall be included in the net weight.

3.3 Removal:

The contractor in conjunction with the COR determines when and how often containers shall be removed for disposal and will be completed within 72 hours after notification from the COR.

3.4 Transportation:

The contractor shall provide all transportation services related to pick up, loading, marking, and any means used to secure the cargo on contractor-furnished conveyances. All transportation shall be in accordance with International, Federal, State and Local solid waste transportation regulations. The Contractor shall be responsible for procurement and preparation of all shipping forms required for scrap movement as required by US and International regulations. In cases where scrap materials are being transported from U.S. Territory of Guam, the regulations governed by the International Maritime of Dangerous Goods (IMDG) Code and other applicable regulations shall be utilized for shipment. While performing under this contract, the contractor is required to provide his drivers with the appropriate emergency action instructions and any other documentation as required by local, federal, and international transportation regulations, whichever may apply.

3.5 Spill Responsibilities:

The contractor shall be responsible for all spills and leaks caused by the contractor’s performance of work. All materials used to control and clean up the spill will be supplied and maintained by the contractor at each DLA Disposition Services site where demilitarization or mutilation is performed. The contractor is not required to remediate pre-existing site contamination. Clean up involves spills and leaks from contractor operations in performance of this contract only. The contractor agrees to immediately clean up such spills or leaks as soon as the spill occurs. Cleanup will be performed in compliance with site spill plan provided by the COR and all applicable local, state, federal, and international laws, and regulations. The contractor shall dispose of all residue and debris generated from the spill at no additional cost to the U.S. Government and in compliance with local, state, and federal laws governing solid and hazardous waste disposal.

3.5.1. Spill Reporting Requirements:

The contractor is responsible for reporting any spills in accordance with local and federal regulation.

Contractor is responsible for reporting to the COR and CO all spills of special (or hazardous) wastes, regardless of quantity. Spills shall be reported by telephone to the COR immediately following the incident conveying to the COR, the item spilled, quantity spilled and the exact date, time, and location of the spill. In addition to the telephonic report, the Contractor shall provide a written report to the CO no later than two (2) calendar days after the telephonic report. When reporting a spill, the following information shall be furnished:

a. Item spilled.

b. Quantity spilled.

c. Exact date, time, and location of spill.

d. Initial actions taken and time actions were taken.

e. Anticipated cleanup and disposal procedures.

f. Persons contacted or present at the time of the spill

3.5.2. Spill Report:

Upon completion of the spill cleanup and disposal of the spill residue, the contractor shall submit a summary report of the spill to the COR and CO. The report shall include cleanup and disposal procedures taken, outside assistance required (if any), personal injury involved, and the names and telephone numbers of all federal, state, regional or local officials contacted.

4.0 RECYCLING AND DISPOSAL

4.1 Recycling:

When economically feasible, the contractor shall recycle scrap material to the greatest extent possible.

Scrap material shall be segregated, identified with magnetic signs, and accounted for in accordance with the CLIN descriptions in the Schedule of Prices. The contractor shall report the volume and percentage of scrap material recycled for each scrap CLIN. For reporting purposes under this contract, incineration shall not be included as recycling.

4.2 Disposal:

The contractor shall be responsible for the proper disposal of all non-salable scrap materials. Disposal shall be in accordance with all U.S. environmental laws and regulations.

5.0 COMPLIANCE WITH LAWS

5.1 Compliance Terms and Conditions:

The contractor shall be knowledgeable of and comply with all applicable portions of the most current Federal, State and Local environmental laws and regulations governing the requirements of this contract.

The contractor shall identify and obtain all licenses and pay all fees and other charges required with no reimbursement from the U.S. Government.

6.0 DELETED

7.0 DEMILITARIZATION (DEMIL) / MUTILATION (MUT)

7.1 CLINs 0044_B, 1044_B:

a. The contractor is responsible to operate the U.S. Government Approved offsite demilitarization performance area and to perform required DEMIL/MUT. See the definitions of the two processes in

Attachment 2.

b. Employees performing the DEMIL are required to be in possession of all required permits (i.e. torch cutting permits, shredder operator license, etc.) and must comply with all U.S. regulations applicable.

A site-specific plan for the offsite shall be prepared by the contractor and approved by CO within 30 days of contract award. Employees performing DEMIL / MUT must complete all required training and be qualified DEMIL certifiers per U.S. Government requirements; see PWS 1.5, 16.6 and 19.2.

Certification will be completed immediately after the DEMIL/MUT is complete. Performance is not complete until the certificates are signed and dated.

c. If it is determined DEMIL/MUT must be accomplished on US Government site(s), a site-specific plan will be prepared by the contractor within five (5) calendar days after issuance of the task order, and provided to the COR and DEMIL Coordinator for approval prior to commencing work. DEMIL must be accomplished within the appropriate DLA Disposition Services collection site. The contractor shall supply all necessary equipment to include metal deck plating within all DEMIL/MUT assigned area to ensure environmental compliance is adhered to. Exception to this is the DEMIL of fired cartridges (DEMIL by smelting).

d. The COR at each U.S. Government collection site will provide the method and degree of

DEMIL/MUT for DEMIL required items, to the contractor prior to performance.

e. Some DEMIL/MUT required items may contain hazardous components. The contractor is responsible for the collection of all hazardous materials and wastes that are not listed under and generated by the DEMIL/MUT process. The U.S. Government shall conduct all disposal of hazardous property.

f. Both onsite (U.S. Government collection sites) and offsite performance requires 100% surveillance by U.S. Government and/or approved contractor representatives (Certifier and Verifier).

g. Once DEMIL/MUT work is performed and certified, residue generated from the DEMIL/MUT process will be segregated by the contractor appropriate. Circuit cards/boards and computer processors shall be returned to the U.S. Government.

7.2 Off Site Demilitarization/Mutilation Plans:

The contractor is required to begin and complete DEMIL/MUT on specified items removed from the U.S. Government collection site on the date of removal and during the U.S. Government collection site’s operating hours. Processing will begin immediately after arrival at the contractor’s facility and the breaking of the sealed container witnessed by the COR. Property identified by the U.S. Government as DEMIL/MUT required shall be stored and processed separately from non- DEMIL/non-Mutilation required property. The property shall be stored in a manner that allows and facilitates U.S. Government inspection. The contractor shall adhere to the plan provided and accepted by the CO that describes how and where DEMIL/MUT of specific items will be performed and completed. Contractor personnel performing DEMIL/MUT certification will be required to attend U.S. Government-sponsored training.

No additional monetary compensation will be given to the contractor for attending the training. The contractor shall ensure one (1) U.S. Government verifier (must be a U.S. citizen) is present and shall provide one (1) contractor certifier who is technically trained and qualified, to witness 100% Demilitarization/Mutilation. Note: The contractor shall only schedule an amount of property they reasonably believe can be destroyed within one workday. If the contractor cannot complete the task within the date and time specified the contractor must return all remaining property (material not yet demilitarized/mutilated or de-manufactured) to a U.S. Government installation to be properly secured or secure at CO approved offsite DEMIL/MUT secured facility.

7.2.1. Weighing of DEMIL / MUT required items:

In addition to the requirements described in PWS 3.2 titled “Weighing,” the weight of each shipment shall be recorded on the shipping document as witnessed by the COR. The gross and the tare weight of each shipment shall be recorded on DLA Form 1367; see Attachment 7 titled, “DLA Form 1367, Shipment Receipt/Delivery Pass.” Upon re-weighing of DEMIL / MUT scrap at the contractor’s facility, any discrepancy of weight shall be reported immediately to the CO followed with a detailed written report provided within 24 hours of the discovery.

7.3 Transportation of DEMIL/MUT Required Property:

The contractor's conveyance will be locked and sealed to ensure security of property requiring DEMIL/MUT. The DLA Disposition Services Guam US Government representative will provide numbered seals. The COR will seal the conveyance. Contractor and COR shall witness the sealing of the conveyance at the U.S. Government facility. The COR will view the breaking of the seals prior to unloading at the contractor’s facilities. Any discrepancies will be reported to the COR immediately. The contractor will provide a written report of explanation to the CO within 24 hours of discovery.

Regardless of any other provision of this contract, the U.S. Government reserves the right not to accept and pay the contractor for transportation related services that do not conform to the specific physical security requirements stated herein.

8.0 REQUIRED REPORTS

8.1 Accounting:

From removal to disposal, the contractor is responsible for maintaining an accurate, updated record of U.S. Government scrap / recyclable materials. The contractor shall maintain complete and accurate records to substantiate the weight of scrap / recyclable materials received and disposed of, the amount owed by the U.S. Government for management and processing fees, and off-sets to the U.S. Government for positive value items and the actual payments made by the U.S. Government for negative value Category 2 items. The contractor shall retain copies of all shipping records; records verifying contractor's weight calculations; and dates of disposal / recycling. Copies shall be retained for a length of time mandated by local, state, or federal regulations, but in no event shall any records pertaining to this contract be destroyed prior to the time this contract is closed and settled. The contractor shall provide the U.S. Government access to such records and any other records that are maintained under this contract for the purpose of audit. All records shall be provided to the U.S. Government within three (3) calendar days of request from the CO or COR.

8.2 Collection Reports:

8.2.1. Monthly Report:

The contractor shall provide a monthly report to the COR specifying disposition of scrap/recyclable materials removed by material content/commodity. This report will reflect each task order issued and the actual amount of scrap/recyclable materials removed per CLIN. It will indicate, by material content, the weight of scrap/recyclable material recycled as well as any other disposition, such as landfill or incineration.

8.2.2. Semi-Annual Report:

The contractor shall prepare and provide to the COR a summary of the monthly information every 6 months. The required information is for the completion of the annual report (Annual Waste Balance Sheet) for each scrap material producer. Information must be submitted by 15 July (for performance period January 1 to June 30) and by 15 January (for performance period July 1 to December 31) each year for all CLINs used under this contract. The semi-annual report shall specify disposition of scrap/recyclable materials removed by material content/commodity. This report will reflect all task orders issued for the report period and the actual amount of scrap/recyclable materials removed per CLIN. It will indicate, by material content, the weight of scrap/recyclable material recycled as well as any other disposition, such as landfill or incineration.

8.3 Shipping Documents:

For transport of industrial waste designated for disposal under this contract, the Contractor at all sites shall provide and prepare a U.S. Industrial Waste Shipping Documents. The Contractor shall provide the prepared U.S. Industrial Waste Shipping Documents to the Generator, DLA COR for signature. The completed shipping document, with all appropriate signatures shall be submitted with the invoice. No invoice shall be paid without a completed U.S. Industrial Waste Shipping Documents signed by the appropriate disposal/recycling facility. In addition to the regulated distribution of the U.S. Industrial Waste Shipping Documents, a copy of the completed document must be forwarded to the COR no more than ten (10) days after it is signed by the disposal facility.

8.3.1. Shipping Documents Tracking Log:

The contractor shall complete a Shipping Documents Tracking Log; see Attachment 8 titled, “Shipping Documents Tracking Log” for each task order requiring disposal of industrial waste, annotating all industrial waste removed that are included on the invoice. The shipping document tracking log must be completed in the English language. It is essential that the contractor describe the method of disposal, i.e., recycling, incineration for energy recovery, and provide the actual facility where the waste was destroyed. An authorized contractor official shall sign the form.

8.3.2. HM/HW Report:

For sanitization of vehicles and vehicle parts/components and waste generated by DEMIL/MUT, a semi-annual report will be provided to the CO and COR by 15 July (for performance period January 1 to June

30) and by 15 January (for performance period July 1 to December 31) each year listing the hazardous waste recovered from these processes. Identify by common name (e.g. vehicle, computer, computer monitor) the scrap materials containing hazardous components and provide in your report the following information:

a. Description of HM/HW collected.

b. Weight of hazardous material collected.

c. Date collected and presented to U.S. Government.

d. Generating or recycling process (i.e. Vehicle Sanitation or vehicle parts).

e. Weight of non-hazardous scrap sent to landfill, incineration, or any other disposal method.

8.4 Trade Security Control Clearance (TSCC):

The contractor shall submit Attachment 9 titled, “DLA Form 1822, End-Use Certificate.” This form is mandatory and instructions for completion are included in Attachment 9a. The Government will review the intended disposal/recycling methods to ensure material is not projected to go to export controlled countries (i.e. North Korea). Approval is required for all CLINs on this contract; however, the contractor may consolidate CLINs on a single DLA 1822 for the same disposal/recycling method. The Government approval is valid up to 5 years; however, a new End-Use Certificate must be filed with DLA Disposition Services if the intended disposition of the property changes. For example, if the property on the first task order was recycled but the contractor intends to mutilate and export property on the second task order, a new End-Use Certificate specifying the change in disposition must be filed with the U.S. Government.

8.4.1. DEMIL Code Change Notices:

Occasionally, DOD property will undergo a DEMIL Code Change notice. For example, an item with no DEMIL requirements coded DEMIL “A” may be changed to a higher DEMIL Code. When property that was released to the contractor undergoes a DEMIL code change, the Contracting Officer will provide a notification of change to the contractor. When this occurs, the contractor is required to identify the disposition of the property. If the property has not been recycled or disposed at an approved facility at the time of notification, the contractor shall return the item(s) to the nearest DLA Disposition Service site for proper DEMIL/MUT. If this is not possible, a report of disposition shall be provided to the CO within 14 days of being notified, identifying what happened to the property.

9.0 SAFETY REQUIREMENTS

9.1 Safety and Health Precautions:

The contractor shall take proper safety and health precautions to protect the work, the workers, the public, the property of others, and the environment. The contractor is responsible for identifying and complying with all safety requirements set forth in the Defense Reutilization and Marketing Service

(now called DLA Disposition Services) Instruction 6055.1, Enclosure 4. The contractor is responsible for ensuring that his agents, employees, or subcontractors perform the work in a safe manner, including wearing the appropriate clothing for the work to be performed. The contractor shall also comply with the US military installation safety requirements for Personal Protective Equipment (PPE) while on the installation. The contractor shall ensure that all personnel involved in the handling and transportation of the scrap material listed herein are trained in the area of spill response and general first aid procedures.

9.2 Voluntary Protection Program (VPP):

The Defense Logistics Agency Disposition Services announced in May 2009 that it would improve its approach to safety and health at all installations and initiated the U.S. Department of Labor, Occupational Safety and Health Administration’s (OSHA) Voluntary Protection Program (VPP). VPP is a program that assists organizations in continuing to improve safety and occupational health program excellence. VPP is based on the sustained safety excellence programs that are already in place. Under VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Contractors and their personnel are to be aware that each Disposition Services facility is engaged in this program and must be aware of VPP policies in performing their work and/or gaining access to an installation. More information on VPP may be found at: http://www.osha.gov/dcsp/vpp/index.html

10.0 WEATHER

10.1 Adverse Weather:

The contractor will abide by all installation and safety requirements for evacuation and closures during inclement weather. The contractor shall contact the COR before traveling to U.S. Government facilities to ensure the facilities will be open for normal business and access to the facilities is available. The contractor may be required to leave during duty hours. COR will notify the contractor if evacuation is necessary. In the event of a hurricane/typhoon, DLA Disposition Services sites require scrap and equipment that can be blown away by strong winds be brought inside and or U.S. Government-provided cargo nets be placed over all scrap/recyclables. With advance notice by COR, Contractor will be required to adhere to local property securing measures to ensure scrap property and equipment controlled by the contractor is not blown away by strong winds.

11.0 OBLITERATION OF DOD MARKINGS

11.1 Removal of DoD Markings:

The contractor shall ensure that it does not sell any recyclable scrap material, standard industry materials, or intact items that contain any DoD markings or markings of any DoD installation or generator facility. The contractor shall ensure its processes are adequate to remove any such markings and agrees that the removal of all DoD markings is a responsibility it maintains under this contract.

12.0 DISPOSAL / RECYCLING OUTSIDE THE COUNTRY OF ORIGIN

12.1 Transporting Scrap to Other Countries:

When scrap and recyclable materials listed in the schedule are transported to another country for disposal or recycling, the contractor shall comply with all applicable international and environmental laws and regulations of the exporting / importing and transit countries, including, but not limited to:

Basel notification and any provisions governing the prior notification of competent authorities, transportation, temporary storage, identification, customs clearances, packaging, and labeling.