AFFF_Performance_Work_Statement082918.doc

Notes to Offerors

1. This Defense Logistics Agency (DLA) Disposition Services disposal contract is for the removal, destruction and disposal of Aqueous Film-Forming Foam (AFFF) related wastes, including AFFF concentrates, rinsates, contaminated water and solids. Removals will be performed at various Department of Defense (DOD) and Department of Homeland Security (DHS) military installations throughout the Continental United States (CONUS). This requirement is split up into three regions as follows:

Eastern Region of the United States. This region includes installations located in any of the following states: Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin.

Western Region of the United States. This region includes installations located in any of the following states: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

Mid-America Region of the United States. This region includes installations located in any of the following states: Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas.

2. All AFFF-related wastes being discarded by the Government under this contract will meet the EPA definition of a solid waste, but will not meet the definition of a hazardous waste under the Resource Conservation and Recovery Act (RCRA) at the time of award of this contract. See Section 1.1.1.b for additional information.

3. All AFFF-related wastes will be thermally destroyed at a fully permitted RCRA incineration facility that is currently listed on the DLA Qualified Facility List (QFL). AFFF concentrates, rinsates, and solids are defined in Section 1.2.10.3 of this contract. For purposes of this contract, incineration will constitute treatment and ultimate disposal.

4. Generators are responsible for ensuring their containerized wastes turned in for disposal are in appropriate packaging for safe and secure transportation and storage.

5. Scheduling of removals will be coordinated between the Contractor and the local DLA Contracting Officer Representative (COR) identified in the AFFF inventory attached to this contract. CORs will coordinate with the military Generators.

6. The Contractor will prepare a Non-Hazardous Waste Manifest or a Uniform Hazardous Waste Manifest for each load removed from a pickup point. Advanced copies of manifests will be sent to the COR at least seven (7) days prior to removal of items. Return copies of manifests and other related documents will be submitted to the COR within 35 calendar days following removal. Bill of Lading (BOL) forms are not authorized for use under this contract.

7. The standard removal time for containerized wastes (including pails, drums, cubic yard boxes, tri-wall boxes, and totes removed via box truck or van trailer) for all sites is 30 calendar days from the date of order issuance. The standard removal time for bulk wastes (including liquids and solids removed via tanker truck, vacuum truck, or rolloff box) for all sites is 15 calendar days from the date of order issuance. The Contractor agrees that all services will be provided during normal hours of operations for each installation.

8. Disposal pricing under Base CLINs NR91, NR93, and NR94 in the Bid Schedule will include labor, removal, transportation, document preparation/submission, and treatment/disposal of all bulk and containerized wastes. Pricing for containerized waste (CLIN suffixes C1-C6) removed in pails, drums, cubic yard boxes and military tri-wall boxes will be based upon the size of these containers, not on their actual volumetric contents, and will be ordered as each (EA). Pricing for bulk heavy solids (CLIN suffixes B1-B4) removed via rolloff box will be based on the net weight of removed solids and will be ordered as pounds (LB). Pricing for bulk liquid disposal (CLIN suffix B5) applies both to totes and bulk liquids removed via tanker or vacuum truck, and will be ordered as gallons (GL). Removal in totes will be based upon the size of each tote, and not on their actual volumetric contents. E.g., a 275-gallon tote will be ordered as 275 GL of CLIN NR93B5 or NR94B5, as applicable, regardless of the actual gallons contained in the tote. See performance work statement paragraphs 1.2.10.1(c) and 1.2.11(g) for information on lightweight solids in rolloff boxes and bulk liquid removals under 1,500 gallons.

9. Rolloff boxes used in the performance of this contract will be placed by the Contractor or Subcontractor at specified locations within 15 days of order issuance under Daily/Monthly Rental CLINs 6372DR or 6372MR, or Expedited Placement CLIN 6372EE. Rental time begins at time of placement. Rolloff boxes are removed under the appropriate bulk solids disposal CLIN. See sections 3.4 - 3.6 of the Performance Work Statement for additional information.

10. This contract consists of one (1) 30-month Base Period, and one (1) 30-month Option Period. It 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 grade on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met (see Section 4.0).

11. Within 14 calendar days after Award, the Contractor shall provide the KO with a listing of all intended interim and final disposal facilities by EPA ID number (where applicable) for each Base CLIN listed in the Bid Schedule of this contract (see Facility-CLIN Assignment Sheet). The purpose for this is to allow the Government to assign in the Distribution Standard System (DSS) those facilities that will receive waste under those CLINs ordered for treatment and disposal. If this is not done, Task Orders (TOs) cannot be processed.

12. All questions regarding this solicitation must be received no later than 1200 EST August 13, 2018. Answers will be via amendment to the solicitation. Any questions submitted after this date may not be addressed.

13. This solicitation will close at 12:00 Noon Eastern Standard Time (EST) on 10 September 2018.

14. The email addresses for submission of offers are as follows:

Stephen.ngotho@dla.mil.

Roger.lonoza@dla.mil.

HazardousContractsWest@dla.mil.

DLA AFFF Contract

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

0.1 INDEMNIFICATION

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 BASE CLIN SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 TRUCK/TRAILER SECURITY, PADLOCKS

1.1.6 HOURS OF OPERATION

1.1.7 PUBLIC AFFAIRS COORDINATION

1.1.8 RAPID GATE/DBIDS SECURITY INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

1.1.10 CONTRACTOR PERSONNEL

1.1.11 CERTIFICATES OF DESTRUCTION/DISPOSAL

1.2 REMOVAL

1.2.1 PACKAGING, MARKING AND LABELING

1.2.2 GOVERNMENT INSPECTIONS

1.2.3 SPILL RESPONSIBILITY

1.2.4 SEGREGATION OF HAZARDOUS WASTE

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT

FACILITIES

1.2.6 STATEMENT ON CONTAINERS

1.2.7 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.8 LOADING

1.2.9 WEIGHING OF CONTAINERS

1.2.9.1 TASK ORDER ADJUSTMENTS

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE, AFFF

CONCENTRATES, RINSATES, AND SOLIDS

1.2.10.1 BULK WASTE

1.2.10.2 CONTAINERIZED WASTE

1.2.10.3 AFFF CONCENTRATES, RINSATES, AND SOLIDS

1.2.11 BULK LIQUID PUMPING

1.2.12 BULKING AND CONSOLIDATING

1.3 POST-REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 TREATMENT AND DISPOSAL

2.1 RCRA/NON-RCRA REGULATED WASTES

3.0 SPECIAL SERVICES

3.1 PROVIDE NEW 275-GALLON CAGED PLASTIC TOTE WITHIN 21 DAYS

3.2 PROVIDE NEW 275-GALLON CAGED PLASTIC TOTE WITHIN 14 DAYS

3.3 PROVIDE NEW 275-GALLON CAGED PLASTIC TOTE WITHIN 7 DAYS

3.4 DAILY RENTAL FEE FOR A 20-YD3 LINED ROLLOFF BOX

3.5 MONTHY RENTAL FEE FOR A 20-YD3 LINED ROLLOFF BOX

3.6 PROVIDE EXPEDITED PLACEMENT OF A 20-YD3 ROLLOFF BOX WITHIN 7 DAYS

3.7 SURCHARGE FOR EXPEDITED CONTAINERIZED WASTE REMOVAL WITHIN 15

DAYS

3.8 SURCHARGE FOR EXPEDITED BULK WASTE REMOVAL WITHIN 7 DAYS

3.9 SURCHARGE FOR ADDITIONAL WASTE REMOVAL AND/OR DELIVERY OF

TOTE(S)

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTERS LIST

5.1 USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 MANPOWER REPORTING REQUIREMENTS

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8. DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

8.1 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES DISTRIBUTION STANDARD SYSTEM/ULTIMATE DISPOSAL (DSS/UD) PHASE II ONLY

8.2 PHASE I SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2.1 ACCEPTANCE AND INVOICING

8.3 POST-PAYMENT TRACKING

8.4 REMEDIES FOR NON-COMPLIANCE

0.0 PERFORMANCE WORK STATEMENT

a. Contractor work will consist largely of the removal, transportation, treatment and disposal of Aqueous Film-Forming Foam (AFFF) related wastes, characterized as non-hazardous, non-RCRA waste at the time of award of this contract. The Government may also order the delivery of 275-gallon Intermediate Bulk Containers (IBCs/totes) prior to waste removal at some locations. DLA Disposition Services will order the removal, transportation and disposal of AFFF-related liquid and solid wastes, both containerized and bulk, from Department of Defense (DOD) and Department of Homeland Security (DHS) installations as identified in the following Continental United States: Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin

b. Pricing for each disposal Contract Line Item Number (CLIN) will include all labor, removal, transportation, disposal, and required documentation of waste represented by each CLIN. Payment for containerized waste (i.e., pails, drums, boxes) will be based upon container size and ordered as each (EA). Payment for waste removed in Intermediate Bulk Containers (IBCs/totes) will be based upon the full volumetric capacity (e.g., 275 gallons) of the IBC/tote, and will be ordered in gallons (GL). Payment for removal of bulk liquids via tanker or vacuum truck will be based upon actual gallons (GL) removed with a 1,500-gallon minimum charge per Task Order (TO). Payment for bulk heavy solids will be based upon actual pounds (LB) removed. Payment for bulk lightweight solids will be based upon cubic yards (CD) with a 15-CD minimum charge for a 20-CD rolloff box. Refer to Sections 1.2.10 and 1.2.11 for details.

c. The Government agrees that all items placed on a TO on this contract will be accompanied by documentation and markings that comply with all applicable federal, state, and local laws and regulations relating to the generation and storage of waste. The Contractor shall deliver the services required by this contract in accordance with (IAW) all federal, state, and local laws and regulations, DOD Instructions, the installation’s operating Permit, and all other terms and conditions contained herein. These services shall include the compilation and submission of all documentation required by this contract.

d. The Government agrees that all items placed on a TO under this contract will conform to the corresponding waste profiles, be distinctly labeled, and be packaged in containers that sufficiently contain the waste for transportation and storage. Labeling and packaging will be compliant with all local, state, and/or federal regulations that may apply.

e. The Contractor agrees to provide all services necessary for the safe transportation, treatment and disposal of the items listed in the Bid Schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and compilation and submission of all documentation required by this contract. Every item ordered for destruction and disposal is being discarded by the Government and will require thermal destruction via incineration at a fully RCRA permitted Treatment, Storage, and Disposal Facility (TSDF). Under no circumstances will any items be sold, transferred, donated, or used for personal or commercial uses.

f. The 6-character disposal CLIN consists of two parts: The “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 wastestream. The “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. See link at http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx to view the Master Base CLIN Catalog, CLIN Suffix Table, and Profile-Based CLIN Overview.

(1) Example #1: Base CLIN “NR91” represents Non-RCRA AFFF-Contaminated Solids/Sludges/Debris for RCRA Incineration, e.g., Soil, PPE, Filter Media, and the CLIN suffix “C4” designates the unit of measure as a 55-Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) EA of CLIN NR91C4, regardless of the actual volume contained in the drum. CLIN suffix “B4” designates the unit of measure as pounds (LB) for a bulk heavy solids load with a net weight that is greater than 30,000 pounds. Accordingly, for a bulk heavy solids load weighing 31,500 pounds, the Government would order 31,500 (LB) of CLIN NR91B4.

(2) Example #2: Base CLIN “NR93” represents Non-RCRA AFFF Concentrate Liquid for RCRA Incineration, Pumpable, Unused or >10% AFFF Product, and the CLIN suffix “C1” designates the unit of measure as a 5-Gallon Container. Accordingly, one (1) 5-gallon pail of this waste would be represented by ordering one (1) EA of CLIN NR93C1, regardless of the actual volume contained in the pail. Base CLIN NR93 is typically applied to unused product, normally turned-in in the original manufacturer’s packaging, or, unused product removed from installed equipment (e.g., hangar systems, storage tanks, and fire trucks) and repackaged by the Government.

(3) Example #3: Base CLIN “NR94” represents Non-RCRA AFFF Rinsate or Contaminated Water for RCRA Incineration, Pumpable, >90% Water, and the CLIN suffix “B5” designates the bulk liquid unit of measure as Gallons (GL). Accordingly, one (1) 275-gallon tote of this waste would be ordered as 275 (GL) of CLIN NR94B5, regardless of the actual volume contained in the tote. Alternatively, if removed via tanker or vacuum truck, a bulk liquid load consisting of an actual volume of 4,650 gallons would be represented by ordering 4,650 (GL) of CLIN NR94B5. Base CLIN NR94 is typically applied to rinsate generated after the removal of concentrate (Base CLIN NR93) from installed equipment (e.g., hangar systems, storage tanks, fire trucks) that have been subsequently rinsed, or, it can be used for contaminated ground or surface waters.

g. The Contractor will be required to obtain specific access credentials for all Contractor and Subcontractor personnel for installation access as required by the Installation’s Security Plans (ISP). The Contractor agrees that personnel and equipment are subject to safety and security inspections by Government personnel while on Federal property.

h. Photographic or image recording devices, and their media in any form, shall not be permitted. The Government will not be held accountable or liable for any confiscation, loss or damage caused to photographic or image recording devices, and/or the media found in violation of this requirement.

i. Publications and attachments applicable to this contract will be made available upon request. It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, and/or deletions to those listed at the time of award.

j. Generators will ensure, and the Contractor will confirm that all non-DOT regulated waste containers are compatible with their contents and properly closed to fully contain their contents prior to shipment. Should AFFF-related materials become effectively regulated during the lifetime of this contract, Generators are required to offer all Department of Transportation (DOT) regulated waste in containers meeting specifications identified in 49 CFR Parts 100-185.

k. This multi-state, multi-site contract is for various military and Government activities related to the operations at DOD/DHS installations. Standard performance and removal timeframe for all containerized waste including IBCs/totes, at all sites is 30 calendar days from the date of order issuance unless otherwise coordinated with the contracting officer’s representative (COR). The standard removal timeframe for all bulk liquids via tanker or vacuum truck, and all bulk solids via rolloff box, is 15 calendar days, unless multiple bulk removals are required at a single location (e.g., holding ponds or Government-loaded stockpiles) under one TO. In this latter case, the work must commence within 15 calendar days from the date of order issuance, unless otherwise coordinated with the COR, and be fully removed within a timeframe that is reasonably agreeable to the Contractor and the COR.

l. The Contractor agrees that services will be provided during normal hours of operations at each installation, which are available upon request from the local/regional COR.

m. Within 14 calendar days after Award, the Contractor must provide the KO with a list referencing any and all intended interim and disposal TSDFs by Environmental Protection Agency (EPA) ID number for every disposal Base CLIN listed in the Bid Schedule of this contract. See the Facility-CLIN Assignment Sheet. The purpose for this is to ensure that those facilities have been assigned the AFFF-related CLINs in the Government tracking system, allowing TOs to be properly processed. The Contractor may utilize alternate qualified TSDFs during the course of this contract, but must first notify the KO.

0.1 INDEMNIFICATION

Upon receipt/removal of items from the various Government installations, the Contractor assumes full accountability and physical custody of such items. The Government assumes no liability for any damage to the property of the Contractor, to the property of any person or public property, or for personnel injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control or any other person including members of the general public; caused in whole or in part by, (a) the Contractor’s breach of any term or provision of this contract; or, (b) any negligent or willful act or omission of the Contractor, its employees or Subcontractors in the performance of this contract. The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of RCRA, CERCLA, DOT, or any similar state enforcement program(s) under which the Government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incidental to the processing, transporting, and disposal of any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

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 perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide Material Handling Equipment (MHE) and Personal Protective Equipment (PPE) unless otherwise stated, and must be appropriate to ensure safe handling of the waste. While operating on a DOD/DHS facility, Contractor-operated forklifts must meet specifications listed in the applicable facility permit. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 BASE CLIN SELECTION CRITERIA

a. The Base CLIN selection for each waste stream under this contract is based on Generator knowledge and is determined by applying the following CLIN Selection Criteria:

(1) Base CLIN NR91 will be selected for non-RCRA, AFFF-contaminated solids, sludges, and/or debris, any of which may contain some free liquids, for RCRA incineration, e.g., soil, gravel, PPE, filter media, and tank bladders. See section 1.2.10.1.d for more information regarding tank bladders. No large rock or masonry debris greater than 10” in any dimension.

(2) Base CLIN NR93 will be selected for non-RCRA, AFFF concentrate liquid for RCRA incineration, pumpable, unused or greater than 10% AFFF product.

(3) Base CLIN NR94 will be selected for non-RCRA, AFFF rinsate or contaminated water for RCRA incineration, pumpable, greater than 90% water.

b. All wastes turned in under this contract are believed by the Government to contain or potentially contain unknown concentrations of per- or polyfluoroalkyl substances (PFASs) such as perfluorooctane sulfonate (PFOS) and/or perfluorooctanoic acid (PFOA). These constituents are not state or federally regulated at the time of award of this contract. Should they become regulated during the lifetime of this contract, the Government will not be responsible for additional costs incurred by the Contractor, unless more costly treatment and/or disposal requirements other than RCRA incineration are promulgated by the regulatory agency. For EPA guidelines, health advisories, and a “Technical Fact Sheet” [for PFOS and PFOA], go to https://www.epa.gov/fedfac/technical-fact-sheet-perfluorooctane-sulfonate-pfos-and-perfluorooctanoic-acid-pfoa-0.

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 submitted to the Contracting Specialist. In addition, 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 CO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract.

b. If after removal the Contractor asserts that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor to provide evidence that a different CLIN needs to be assigned or added to the contract. The Contractor must ensure that the waste in question shall not be treated or disposed of until the Government has made a final CLIN determination – otherwise the dispute is considered null and void. The Contractor must provide documentation electronically to the KO via the COR which supports 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. Written documentation solely requesting a CLIN addition without supporting documents will not be accepted. Supporting documentation does not include any documentation provided to the contractor prior to removal from the site except for comparison purposes to the documentation being provided that supports a CLIN change request. After receipt of the supporting documentation, said documents will be reviewed to determine if adding a new CLIN is applicable. The Contractor will be notified by the KO of the final determination.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expense to the Government, the Contractor shall be responsible for paying all fees, preparing or obtaining any necessary plans, licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s management, transportation or disposal decision. If applicable, this includes acquiring any required permits or registrations necessary to operate on an 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 State regulators for waste disposal. If applicable, this includes obtaining, and submitting to the COR and Generator, a copy of the TSDF notification required by 40 CFR, 264.12(b) prior to the removal of any regulated waste from the installation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of a Generator must be coordinated with and concurred with by the Generator and/or COR prior to submission to any federal or state agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR and Generator.

b. Any incidental state or local fee, tax or penalty assessed against the Government arising from the Contractor’s decisions in the performance of this contract will be paid by the Contractor, including, but not limited to any fee, tax, or penalty levied as a result of a Contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

c. If the Contractor uses a TSDF which requires the waste Generator(s) to register with an out-of-state hazardous waste management facility prior to utilizing the facility, then the Contractor must adhere to the requirements of the paragraph above.

d. The Contractor, their employees, agents or any Subcontractors 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, e.g., Pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, range safety briefs and Government inspections of Contractor cranes and/or forklift training.

e. The Contractor and any Subcontractor(s) shall use only the facilities and transporters currently (at the time of shipment) listed in the DLA Disposition Services Qualified Facilities List (QFL) and Qualified Transporters List (QTL) per Section 5.0. The QFL and QTL can be found at the following link: http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx.

f. Under this contract, the Contractor may not ship waste outside of the United States for treatment and/or disposal unless first approved by the KO. If approved, any export shipment outside the United States must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the DOD activity, the Contractor will provide to the COR a current copy of the Acknowledgment of Consent (AOC) with all other required shipping documentation.

1.1.2.1 REPORTING REQUIREMENTS

a. If/when applicable, the Contractor shall prepare and provide a Summary Manifest Report, including the return copies of shipping documents (signed by the TSDF representative), to the Generator through the COR for filing with the state regulatory offices. This Summary Manifest Report will be provided in sufficient time to allow the Generators to file the reports within the time frames allotted by their state.

b. The content of this Summary Manifest Report will be IAW the regulations of the state requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this contract refer to the appropriate shipping documents. The Contractor shall use only a Non-Hazardous Waste Manifest or a Uniform Hazardous Waste Manifest for shipments of waste under this contract. Bill of Lading (BOL) documents are prohibited for use under this contract. Some states may require the use of state-specific waste codes and/or have unique requirements regarding the use of manifests. The Contractor will comply with all such state requirements in the performance of this contract.

b. At least five (5) business days prior to each removal, a completed advance copy of the manifest(s) shall be provided to the coordinating COR for pre-removal review, with the exception of an expedited removal under CLIN 6333AH, in which case the advance copy of the manifest will be provided within two (2) business days prior to removal (see 7.0.c). All documentation shall be clearly marked with the name of the servicing DLA Disposition Services Field Activity, the waste Generator activity site name and address, and the contract and TO number. Contractor emergency response information and 24-hour emergency phone number(s) shall also be identified on the manifest. If a block for emergency information is not provided on the manifest, this information shall be placed in the upper right-hand corner of each manifest.

1.1.4 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR or other Government representative at least five (5) business days BEFORE attempting site visits, providing services, or removal efforts.

(1) In addition to the notification above for removal efforts, the Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number and its expiration date, to the COR or other Government representative at least 24 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR, or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified.

(2) If a driver, other than the one specified 24 hours in advance for the specific TO, or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written or email notice from the Contractor.

b. For TOs containing Special Services CLIN(s) 6314TP, 6314TQ, 6314TR, 6372DR, 6372MR, and/or CLIN 6333AG, the Contractor shall notify the COR or other coordinating Government representative at least five (5) business days prior to the scheduled delivery, provision, placement or removal. For TOs containing Special Services CLIN(s) 6372EE and/or CLIN 6333AH, the Contractor shall notify the COR or other coordinating Government representative at least two (2) business days prior to the scheduled delivery, placement or removal.

c. Written acknowledgement and agreement via email correspondence between the Contractor and the COR of a scheduled time and date for delivery, provision, placement or removal can serve as notification to the COR.

d. Rapid Gate and/or Defense Biometric Identification System (DBIDS) protocol may be mandatory for access to some DOD/DHS facilities. See 1.1.8 for further information. At some military installations, Contractors and Subcontractors may be required to be escorted to and from the place of duty. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, or any Subcontractors are required to remain at the designated work area until released or escorted by the COR or other Government representative.

1.1.5 TRAILER SECURITY, PADLOCKS

a. All Contractor trailers and tankers capable of being padlocked must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government’s halting of the pickup. All trailers and tankers capable of being padlocked must also be padlocked prior to departure from the pickup location. The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR. Only waste(s) managed under this contract, or another DOD/DLA contract, may be transported onto other DOD installations.

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific Sections in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.1.6 HOURS OF OPERATION

a. The service to be performed under this contract shall be performed during normal Government working days, as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal holidays. Work that cannot be completed by close-of-business for the TO site(s) shall be discontinued and resumed the next business day, unless approved by the CO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation.

New Year’s Day - 1 January*

Martin Luther King's Birthday - 3rd Monday in January

Presidents Day - 3rd Monday in February

Memorial Day - Last Monday in May

Independence Day - 4 July*

Labor Day - 1st Monday in September

Columbus Day - 2nd Monday in October

Veterans Day - 11 November*

Thanksgiving Day - 4th Thursday in November

Christmas Day - 25 December* *The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government activities of which may have different work schedules. Excluding weekends and observed Federal holidays, the Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during the normal hours of operations for the installation.

1.1.7 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the CO. Under no circumstances shall any statement be released to the news media directly by the Contractor, their employees, agents, or any Subcontractors.

1.1.8 RAPID GATE/DBIDS SECURITY INSTALLATION ACCESS

a. Some installations utilize Rapid Gate for Contractor access to the installation. 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 in order 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. Additional information can be found at: http://www.rapidgate.com/index.php.

b. Navy and Marine Corps installations now require that all Contractors and their representatives be enrolled in Defense Biometric Identification System (DBIDS) to gain access to these installations. DBIDS replaces the former Rapid Gate access system and also requires a security background check for all Contractors, their employees, agents, or any Subcontractors. For DBIDS enrollment information, go to: https://www.cnic.navy.mil/om/dbids.html.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services implemented Environmental Management System (EMS) IAW ISO 14001:2004(E) and DOD/DLA policy requirements at all appropriate DLA Disposition Services facilities. The EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in the agency Environmental Management System (EMS) core instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant and host DOD/DLA facility programs. Contractors and their personnel are required to be aware that each DLA Disposition Services facility has an EMS and to be aware of related policies to perform work and/or gain access to an installation. Each DLA Disposition Services facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local COR.

1.1.10 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this contract shall be qualified through training and experience, commensurate with the duties being fulfilled, to the minimum requirements under relevant 29CFR (OSHA), 40CFR (EPA), 49CFR (DOT), and EM 385 regulations and standards. The Contractor shall be responsible for all initial and refresher training required by contract personnel and it shall be completed in the appropriate timeframes. Upon request, the Contractor shall provide proof that these credentials were met.

1.1.11 CERTIFICATES OF DISPOSAL/DESTRUCTION

a. The Contractor will not be required to provide Certificates of Disposal/Destruction (CDs) under this contract. The Contractor will provide and the Government will utilize return manifest copies indicating Method Management Code H040 (Incineration – thermal destruction other than use as a fuel) as proof of destruction and disposal. (See 1.3.1)

1.2 REMOVAL

1.2.1 PACKAGING, MARKING AND LABELING

a. Prior to loading the transporter’s vehicle, the Contractor will mark and label all containers in such a manner that all applicable federal, state, and local regulations are met. Packaging, proper shipping names, marking, labeling, etc., under the terms of this contract will be IAW 49 CFR and 40 CFR.

b. The Contractor shall provide and affix the appropriate placards and markings as applicable to each vehicle prior to leaving Government premises.

1.2.2 GOVERNMENT INSPECTIONS

a. All services will at all times be subject to inspection by the KO and authorized representatives to include authorized contract audit companies. The Government and/or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, and approvals issued by any Governmental entity or agency to the Contractor or its Subcontractors which are applicable to the performance of services under this contract; to inspect and test, at its own expense, transportation vehicles or vessels, containers, and disposal facilities provided by the Contractor; and to inspect the handling, loading, transportation, storage and disposal operations conducted by the Contractor or its Subcontractors in the performance of this contract.

b. The Government and/or its representatives shall be afforded free access to any facility used by the Contractor and any Subcontractors in performing services under this contract, including offices and facilities where contract-related records are retained. Government inspections of Contractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the Government in determining the conformance of services with contract requirements.

c. The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government's right to conduct inspections at Government, Contractor, or Subcontractor facilities does not relieve the Contractor of this responsibility. Neither Government failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the Government thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly IAW the contract.

d. The Contractor, in its agreements with Subcontractors, shall ensure that the inspection rights described herein are afforded the Government and/or its representatives by each Subcontractor performing services under this contract.

e. As part of the Government’s right to conduct inspection of services under this contract, it shall further be allowed to obtain information from federal, state, and/or local regulators that may be relevant to assessing the Contractor’s history of, or current compliance with environmental laws and regulations.

1.2.3 SPILL RESPONSIBILITY

a. The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit on hand during movements of items to capture and contain any potential spills or releases. The Contractor is solely responsible for the proper cleanup and disposal of any spills or releases occurring during the performance of this contract as a result of actions attributed to its agents, employees, or Subcontractors. This includes spills caused by Contractor-provided defective totes. Cleanup scope will be to the satisfaction of the Government, and at no additional cost to the Government. Residues from such cleanups shall be removed off-site within 24 hours of the cleanup completion. The Contractor shall prepare and provide a separate manifest for the spill residue removals.

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

(1) Description of material spilled (including identity, quantity, manifest number, etc.)

(2) Whether quantity spilled is EPA or state reportable, and if so, whether it was reported

(3) Approximate time and location of spill, including a description of the area involved

(4) Containment and cleanup procedures initiated or to be initiated

(5) Summary of any communications Contractor has had with anyone other than the CO.

(6) Disposition of the cleanup residue

c. In the event that the Contractor causes a release of any hazardous material, including gases, and the release is not considered "incidental" as defined below, the Contractor shall immediately call the installation Police/Fire Dispatch, and notify the COR or other Government representative to provide available information on the spill. Under no circumstances will the Contractor contact Federal or state regulatory agencies to report the spill. If the release is considered “incidental”, the Contractor will still notify the COR or other Government Representative. An incidental release is a release of a hazardous material that:

(1) Does not pose a significant safety or health hazard to employees in the immediate vicinity of the release (i.e. minor safety or health hazards are presented to employees in the immediate work areas);

(2) Does not pose a significant safety or health hazard to the employee conducting the cleanup;

(3) Does not have the potential to become an emergency within a short timeframe; and

(4) Limited in quantity, exposure potential, and toxicity.

d. If Government assistance (e.g., labor, material, equipment, clothing, sample analysis, etc.) is requested or required, the Contractor will reimburse the Government at market rate for such assistance. The Government must initiate its own spill cleanup procedures for Contractor-responsible spills, when:

(1) The Contractor has not begun spill cleanup within one (1) hour of spill discovery/ occurrence; or

(2) if, in the Government's judgment, the Contractor's spill cleanup is not adequately abating life threatening situation and/or is a threat to any body of water or environmentally sensitive areas.

e. Post-cleanup confirmation sampling and analysis may be required by the KO within ten (10) calendar days of the collection date.

1.2.4 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to the current EPA Hazardous Waste Compatibility Chart that can be found on https://www.epa.gov/sites/production/files/2016-03/documents/compat-haz-waste.pdf when/if applicable. The items must be so marked, that they are readily linked to this contract throughout this period. The Contractor shall annotate the TO and line item number on each item being removed for disposal. The Contractor may bring other waste onsite while conducting Milk Runs, or picking up waste at multiple locations, as long as the waste is listed on the current TO being picked up.

1.2.5 TREATMENT OF WASTE ON GOVERNMENT FACILITIES

a. Treatment of waste (including solidification) on Government facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR 260.10 and/or the facility Permit.

b. The use of an absorbent material to contain and remove spills does not constitute treatment.

1.2.6 STATEMENT ON CONTAINERS

The Generator will offer all DOT regulated waste, if applicable, in containers that are packaged as specified by 49 CFR Parts 100-185. All non-DOT regulated waste containers must be compatible with their lading, closed in a manner such that the contents are fully contained when placed in any orientation, safe to handle, and free of severe corrosion or oxidation. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity. The Contractor is responsible for all repackaging costs associated with special packaging required for DOT segregation purposes and/or container acceptance criteria at the TSDF.

1.2.7 GOVERNMENT EQUIPMENT & PERSONNEL

The Government is not required to furnish any equipment or personnel to assist in the performance of this contract. Upon request by the Contractor, should the Government agree to assist, the Government will do so at no risk to the Government. The Government assumes no responsibility for personal injury to the Contractor representative(s), damage to containers or the Contractor’s equipment, or spills associated with such assistance. The Contractor shall not request or accept Government assistance in the performance of this contract if the Contractor does not assume full responsibility for any mishaps that could occur as a result of utilizing such Government assistance. Only Government employees shall operate equipment used in assisting the Contractor. Typically, assistance will be limited to the use of Government-owned and operated loading equipment, e.g., forklifts, pallet jacks, and cranes.

1.2.8 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

b. The Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the Government will make the initial placement of the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the Government.

1.2.9 WEIGHING OF ITEMS

a. Government scales will be used when available, operable, and authorized by the Government. The Contractor shall be responsible for determining the availability of Government scales. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Government shall ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration.

b. At the Government's option, the use of Government scales will be ordered at any location in or around designated pickup points identified in or added to this contract.

c. Before bulk loading, the Contractor will…