ATT10_Knox-Campbell-Columbus_PWS_v.pdf

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

0.1 INDEMNIFICATION

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 BASE CLIN CATEGORIES

1.1.1.1 CLIN ASSIGNMENT AND CHANGES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 TRAILER SECURITY, PADLOCKS

1.1.6 HOURS OF OPERATION

1.1.7 PUBLIC AFFAIRS COORDINATION

1.1.8 DBIDS INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.10 CONTRACTOR PERSONNEL

1.1.11 CERTIFICATES OF DISPOSAL/DESTRUCTION & RECYCLING

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 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER ADJUSTMENTS

1.2.8 LOADING

1.2.9 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE

1.2.10.2 CONTAINERIZED WASTE

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 DISPOSAL/RECYCLING

2.1 RCRA/NON-RCRA ITEMS

2.1.1 BULK NON-RCRA WASTEWATER MANAGEMENT

2.1.2 DETAILED ANALYSIS

2.1.3 PROCESS AUTHORIZATION PLAN FOR ALTERNATE

DOCUMENTATION OPTION FOR FUELS BLENDING & RECYCLING

OF ANTIFREEZE, USED OIL, BATTERIES, & LAMPS

2.1.4 EMPTY CONTAINERS

2.2 DISPOSAL OF PCB, PCB-RELATED WASTE

2.3 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.5 DEMILITARIZATION

2.5.1 OTHER MILITARY ITEMS

3.0 SPECIAL SERVICES

3.1 OVERPACKING FOR COMPLIANCE

3.2 LOOSE PACKING/REPACKAGING SERVICES

3.3 CONTRACTOR PROVIDED PACKAGING CONTAINERS & MATERIALS

3.4 LAB PACKING SERVICES

3.5 CHARGES FOR EXPEDITES

3.6 CLEANING OF TANKS AND OTHER MISCELLANEOUS EQUIPMENT

3.7 RESERVED

3.8 ROLLOFF & STORAGE CONTAINER RENTAL CHARGES

3.8.1 RELOCATE ROLLOFFS WITHIN INSTALLATION

3.9 LIGHT LOAD MINIMUM CHARGES FOR BULK LIQUIDS

3.10 TOTE DISPOSAL SURCHARGE

3.11 PREPARE HAZARDOUS WASTE PROFILE SHEET

3.12 PERFORM ANALYSIS

3.13 IDENTIFY UNKNOWN WASTESTREAM & PREPARE HAZARDOUS

WASTE PROFILE SHEET TWO-STEP ANALYSIS

3.14 GENERAL SERVICE SUPPORT

3.15 PROVIDE CERTIFICATE OF DISPOSAL/DESTRUCTION (CD) OR

RECYCLING

3.16 EVALUATION/IDENTIFICATION OF CYLINDERS

3.17 ANALYSIS TO IDENTIFY CYLINDER CONTENTS

3.18 RECONTAINERIZATION / REPLACEMENT OF VALVES

3.19 ZONE “A” POISON GASES SURCHARGE

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVEL TABLE

5.0 QUALIFIED FACILITIES AND TRANSPORTER LISTS

5.1 USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 CONTRACTOR REPRESENTATIVE

6.2 MANPOWER REPORTING REQUIREMENTS

7. 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

9.0 CONTRACT MINIMUM/MAXIMUM

10. CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

11. PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the “Knox/Campbell/Columbus Regional HW Disposal Contract”. Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, TSCA, State- Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on Department of Defense (DOD) Installations in the State(s) of Kentucky, Tennessee, West Virginia and Ohio. The Contractor is cautioned that some requirements for information and plans are required before start of work on this contract, i.e., Sections 1.1.2, 2.1.1 and 2.1.3.

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

c. Pricing for containerized waste will largely be based upon container sizes and the assigned disposal profile, rather than pricing on a per pound basis. The exception is bulk wastes as defined in paragraph 1.2.10.1 and containerized waste with the CLIN suffix C7.

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

e. The Government agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable 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 (if applicable) and all other terms and conditions contained herein. These services shall include the compilation and submission of all documentation required by this contract.

f. The Contractor may be required to obtain Specific Access Badges for all Contractor and Subcontractor personnel for installation access as required by Installation’s Security Plans (ISP).

g. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule 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 the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN).

h. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN is an alpha-numeric identifier of the waste category and sequential order within that category. Each Base CLIN is assigned a unique waste description based on profile for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Example: Base CLIN “CS01” represents Corrosive Acids, Inorganic other than HF and HNO3, <50% in Water, and the CLIN Suffix “C4” designates the unit of issue as a 55- Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) Each of CLIN CS01C4. See Profile-Based CLIN Guidelines and Master CLIN Schedule at http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx for more details.

i. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., certain Demilitarization items and PCB-related wastes. The Contractor is cautioned to closely read all CLIN descriptions where such requirements are indicated. Unless explicitly required and written into this contract, only those CLINs requiring CDs, as described in the Price Schedule, will require that the Contractor provide a CD.

j. 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.

k. The Contractor is cautioned that all tank cleaning CLINs will include the team leader, technician(s), PPE, confined space entry if applicable, and all equipment used to perform these services. Tank decommission cleaning also requires a person that is qualified to provide the required certification. The Contractor should price accordingly.

l. The Generators are required to offer all Department of Transportation (DOT) regulated waste in containers specified by 49 CFR. All non-DOT regulated waste containers must be compatible with their lading, closed in a manner so that the contents are fully contained when placed in any orientation, safe to handle, free of severe rusting, or oxidation for containers made from a natural fiber material, and free of structural defects that have compromised their integrity.

m. This multi-state, multi-site contract is for various military and Government activities related to the operations at DOD military installations. Standard performance and removal timeframe for all sites is 21 calendar days from the date of order issuance unless otherwise specified. The Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during normal hours of operations for the installation, which are available, upon request, from the COR. (See 1.1.6).

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 or any similar state enforcement programs 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 incident 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 hazardous 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 hazardous waste.

While operating on a DOD 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

The Contractor is encouraged to perform a pre-removal inspection of all containers at least fifteen (15) days prior to the day of the removal. Any discrepancies associated with the marking, and/or labeling of containers, as described in

Section 1.2.1, shall be reported to the COR for resolution. See Section 1.1.1.1 for CLIN assignment and changes below.

1.1.1 BASE CLIN CATEGORIES

a. Base CLIN categories and their associated prefixes used in waste disposal CLINs under this contract are as follows:

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

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

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

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

(5) Lab Packs/Loose Packs (LP) –

(6) Non-RCRA, Non-State and State-Regulated (NR) –

(7) PCB-Related (PC) – Containing or Contaminated by a Source >50 ppm

(8) Recycle/Recovery (RE) –

(9) Reactive (RX) –

(10) Toxic (TX) –

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

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

NOTE: Unless prohibited by State regulations, fuels blending does meet the recycling/recovery requirements for certain wastes, including solvents, paints, antifreeze, and used oil.

(2) The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal

CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned.

1.1.1.1 CLIN ASSIGNMENT AND CHANGES

a. CLIN discrepancies on a Task Order noted during the pre-removal inspection and/or during removal by the Contractor on CLINs already on the Price Schedule will be addressed immediately via the COR and the Generator. If the COR and the Generator concur with the CLIN change request, a Task Order Modification will be submitted to the Contracting Specialist. The Government may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending task order end dates, etc. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change(s), the Contractor reserves the right to seek resolution with the KO. These modifications are only against task orders. 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 waste in question shall not be treated or disposed of until the Government has made a final CLIN determination. 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, and/or a current Safety Data Sheet for the material in question. Hazardous waste profile sheets from the Generator will not be use as supporting documentation. Written communication with the KO solely requesting a CLIN addition without supporting documents will not be accepted. If the waste has been shipped and treated, no CLIN changes are applicable as the Contractor will be paid for the actual items and quantities removed per the awarded contract price.

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, recycling, or disposal decision. 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. 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 DOD/DLA Disposition Services 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 Generator(s) of hazardous waste 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. Example: 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) listed in the DLA Disposition Services Qualified Facilities List (QFL) and Qualified Transporters List (QTL).

f. Any import or 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 a current copy of the Acknowledgment(s) of Consent to the KO Representative (COR) or other Government representative with the shipping documentation IAW Section 1.1.3.

g. The Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR) unless domestic treatment capability does not exist or domestic facilities are unable to meet EPA LDR requirements within the United States (e.g., Lithium batteries). High level mercury (>260 mg/kg) will not be exported outside the United States.

h. The Contractor shall perform all dry weight computations for those hazardous wastes destined for land disposal in Texas and shall provide all such computations to the COR for recordkeeping purposes. This computation shall be furnished along with the copy of the Generator manifest.

1.1.2.1 REPORTING REQUIREMENTS

a. If the contractor uses a TSDF, which requires the generator(s) of hazardous waste 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 Paragraph 1.1.2, and DLA Disposition Services Instructions.

b. The contractor shall prepare and provide a Summary Manifest Report, including the completed manifest documents, to the generator through the COR for filing with the state regulator 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 each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the generator through the COR (see paragraph 1.1.2.).

c. The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision refer to the appropriate shipping papers.

Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests and LDR notifications shall be furnished to the Disposition Services Field Activity coordinating the waste disposal. All documentation shall be clearly marked with the name of the servicing Disposition Services Field Activity in addition to the Generator, contract, and TO number, as applicable. Emergency response information and 24-hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document.

b. Electronic Manifest System (e-Manifest system): Generators may continue to use paper manifests until the e-Manifest system is implemented and fully operational. Before using electronic manifests, The Contractor must ensure all transporters have adopted the electronic manifest system. If using electronic manifests, the Generator may still retain a paper copy signed by the initial transporter. The Contractor shall provide the COR and the Generator with a copy of the completed form(s) for review by the appropriate Government official at least five (5) business days prior to removal. Notifications for expedited orders shall be performed IAW timeframes as listed in Section 3.5.

c. Mock EPA ID numbers created by DLA Disposition Services for use at non-RCRA TSDFs must be entered on all applicable shipping documentation such as non-hazardous waste manifests and bills of lading (BOL). The same mock EPA ID number must be used on DLA Disposition Services Form 2505, Manifest Tracking Log.

d. The “Universal Waste” Rule, 40 CFR, Part 273, does not require the use of a hazardous waste manifest to ship universal waste within, to, or through a state that has adopted the Universal Waste Rule. Whenever universal waste is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used. The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” Block when universal waste is being transported (e.g., “Universal Waste Shipment”). Shipments of universal waste must comply with the requirements specified in 40 CFR 273.18 and 273.38. The term “Universal Waste” includes batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR 260.10. The regulations allow the Generator to make the determination about whether to handle these specific wastes as universal waste or as hazardous waste under specifications listed in 40 CFR. The Contractor will be advised on the task order if these wastes are to be handled as “Universal Waste”.

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 notice or fax from the Contractor.

b. For Task Orders (TO) containing Expedited Removals, Services, or Performance CLINs, the Contractor shall notify the COR or other Government representative for each location in the following timeframes BEFORE attempting site visits, providing services, or removal efforts: 5 day expedites – at least 2 calendar days; and 4 days or less expedites – at least 1 calendar day. In addition, the Contractor is still required to provide the information identified in subparagraph (1) above at least 4 hours prior to removal. If applicable, any removals ordered under a 24-hour or one business day expedited CLIN requires the Contractor to provide the information identified in subparagraph (1) above at least 4 hours prior to pickups if the Contractor elects to provide the identity of the driver for each specific TO. (See Section 3.5 for additional information on expedite services CLINs).

NOTE 1: If the Contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated in the Contract will apply to any of the aforementioned Expedited Removals, Services, or Performance CLINs.

NOTE 2: Rapid Gate and/or DBIDS may be mandatory for access to some DOD facilities. See 1.1.8 for further information. Where DBIDS is deployed, the 24-hour advance notification in Paragraph 1.1.4 is not required. At some Military Installations the Contractor and/or 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 again 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 task order, with specific office hours available from the COR on the task order, except for Federal Holidays. Known schedule deviations are as follows:

Blue Grass Army Depot, Richmond, KY – Not open on Fridays 180th Fighter Wing, Swanton, OH – Not open on Fridays

Work that cannot be completed by close-of-business for the task order site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be schedule to be performed on a regular Federal holiday, or one designated by Presidential proclamation.

b. 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 KO. 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 DBIDS INSTALLATION ACCESS

a. 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 and their representatives.

b. For DBIDS enrollment information, go to: https://www.cnic.navy.mil/om/dbids.html.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An 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 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 appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate 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 facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local KO's Representative (COR).

1.1.10 CONTRACTOR PERSONNEL

All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, to the minimum requirements under relevant 29CFR-OSHA, 40CFR- EPA, 49CFR-DOT, and EM 385 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 by the Government, the Contractor shall provide proof that these trainings were completed.

1.1.11 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

a. Generators may require Certificates of Disposal/Destruction (CD) or Recycling for any and all items at their discretion. The Government recognizes there are additional costs to the Contractor associated with obtaining these certificates from the final/ultimate disposal, destruction, or recycling facility. Unless otherwise stated in this contract, such certificates will only be required as specified in the Price Schedule/Performance Work Statement (PWS) or if CLIN 6503 is ordered. CLIN 6503 will not be ordered in conjunction with a CLIN that is already identified as requiring a CD or Certificate of Recycling. Example: CLIN 6503 will not be ordered to provide the CD for a CLIN that is greater than 50 ppm PCB because contract Section 2.2 already requires the Contractor to provide CDs for all PCB-related waste containing, or contaminated by, a source that is equal to or greater than 50 ppm PCBs.

b. CLIN 6503 will be ordered one each for every CD or Certificate of Recycling desired per TO line item.

c. CDs and Certificates of Recycling shall be provided to the Generator and the COR within 30 calendar days after destruction, disposal or recycling occurs.

1.2 REMOVAL

1.2.1 PACKAGING, MARKING AND LABELING

a. The Generator must package their waste, mark and label all containers IAW 49 CFR, and 40 CFR. The Generator will also mark the containers with the Task Order and Line Item Number.

b. Prior to loading the transporters’ vehicle, the Contractor will ensure that all containers are marked and labeled in such a manner that all applicable federal, state, and local regulations are met. The Contractor will mark each container with applicable manifest markings, and will match each container against the TO ensuring that all containers matched the manifest and the TO.

c. If items must be packaged for proper shipment or acceptance at the TSDF, the contractor shall perform such repackaging and furnish all required materials. The contractor shall not package RCRA or state regulated waste together with non-regulated waste. When repackaging is necessary, the contractor shall be responsible for disposal of the original container and for packaging in a manner that complies with all applicable Federal, state, and local EPA and DoT regulations (49 CFR).

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

1.2.2 GOVERNMENT INSPECTION

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 be allowed to obtain information from host nation regulators that may be relevant to assessing the Contractor’s history of, or current, compliance with host nation environmental laws and regulations.

1.2.3 SPILL RESPONSIBILITY

a. The Contractor and/or Sub-Contractor shall have a serviceable, compatible and operable spill kit(s) on-site to capture and contained the spill or released. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Sub-Contractors to the satisfaction of the Government and at no additional cost to the Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or Sub-Contractors shall be removed off-site within 24-hours of the cleanup. The Contractor shall prepare a separate manifest for the spill cleanup removals.

b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all Host or 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/state reportable, and if so, whether it was reported.

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

(4) Containment procedures initiated.

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

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

c. In the event that the Contractor causes a release of any hazardous substances, 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 still notifies the COR or other Government Representative. An incidental release is a release of a hazardous substance 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 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 will always be required. Certified analytical laboratory results, from post site cleanup activities (confirmation sampling), must be provided to the COR or other Government representative 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. The EPA Hazardous Waste Compatibility Chart is available upon written request to the KO. The items must be so marked, that they are readily linked to this Contract during transit. 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 Task Order being picked up.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

a. Treatment of hazardous 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 Contractor shall not drain and/or flush PCB items at any location on this contract. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gases, other than graded breathing air to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction for other gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 STATEMENT ON CONTAINERS

a. The Generator will offer all DOT regulated waste in containers that are packaged as specified by 49 CFR.

All non-DOT regulated waste containers must be compatible with their lading, closed in a manner so that the contents are fully contained when placed in any orientation, safe to handle, free of severe rusting, 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 special container acceptance criteria at the TSDF.

b. The Contractor shall not remove any gas cylinder whose contents cannot be identified, or confirmed, or when no known disposal method is available. The Contractor will provide the COR with a written explanation for each cylinder refusal. Refused cylinders must be identified by serial number or other identifiable markings and the container identification number assigned by the Generator. These numbers/markings must be included in the written explanation of refusal.

1.2.7 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 allowed at the following sites:

SITE EQUIPMENT AVAILABLE

Bldg. 500, KY ANG 1,500 lb Platform

DRMO, Ft. Knox 1,000 lb Platform DRMO, Ft. Knox 100,000 lb Truck

Ft Campbell PPOC Yard 5,000 lb Platform

Bldg. 220, 1200 N Camp Perry E Rd, Port Clinton, OH

2,000 lb Platform

Scale House, 1200 N Camp Perry E Rd, Port Clinton, OH

1,000 Ton Truck

Bldg 123, Yeager Airport Charleston, WV 1,000 lb Platform Bldg 206, Youngstown Air Reserve Station, Vienna, OH 2,000 lb Platform

Yearling Rd Gate, DSC Columbus, OH 125,000 lb Truck WV USP&FO 5,000 lb Platform

WV CSMS 5,000 lb Platform Base Supply Bldg. #15, 178th Airlift Wing, Springfield, OH 4,000 lb Platform

180th Fighter Wing, 2660 South Eber Rd, Swanton, OH

1,000 lb

Bldg. 206, 3976 King Graves Rd, Vienna, OH 2,000 lb Platform BLDG 162 Boone Center, Frankfort, KY 1,000 lb Bench BLDG 139, Boone Center, Frankfort, KY 5,000 lb Platform BLDG 120, Boone Center, Frankfort, KY 10,000 lb Platform

c. Before loading, the Contractor will weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the rolloff box, dump truck, tanker truck, etc. When utilizing a commercial scale for the tare weight, a copy of the certified weight ticket will be provided to the COR before proceeding with the removal effort.

The actual (net) weight of the waste shall then be calculated by subtracting the tare weight from the gross weight. When onsite Government scales are available, weights must be agreed upon by both the Contractor and the Government before removal. When offsite commercial scales must be used, a certified weight ticket will be provided to the COR and shall be the basis for payment to the Contractor. The COR will provide signed paper copies of all shipping documents, LDRs, Task Orders and Modifications thereof to the Generator upon completion of an off-site removal or services completed.

1.2.7.1 TASK ORDER ADJUSTMENTS

a. All Task Order (TO) quantities are estimated amounts. The Contractor can expect that the TO quantities will be required to be adjusted upward or downward as removals take place and the actual quantities being removed are measured. Therefore, the Government has the unilateral right to increase or decrease the TO quantities in those instances where the Government has underestimated or overestimated the quantity that will be removed. In instances of decreasing quantities, these decreases are not subject to FAR 52.212-4, termination for convenience coverage

1.2.8 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not load at any location on any day in which the facility is closed unless otherwise specified. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the Government. Unless otherwise provided in this contract, 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.

The Government may tailgate load at the following locations:

Location Item(s) 200th REDHORSE Squadron Drums and Bulk Solids

WV USP&FO and CSMS Drums and Bulk Solids

TN USP&FO Nashville Drums CSMS Smyrna Drums AASF Smyrna Drums

b. The Government may offer to assist with loading during operations in remote areas, if the appropriate equipment is currently in use for Government operations and the offer is accepted by the Contractor (e.g., Government crane is on-site to move wreckage/debris and the Contractor needs to load cubic yard bags of soil to a transport vehicle). If both parties concur, the Government will make the initial placement of the item(s) on conveyance(s) furnished by the Contractor. The initial placement will be as determined by the Government.

1.2.9 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.

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE

a. The term Bulk Waste refers to waste that is typically removed via rolloff boxes, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Pumpable liquid wastes that are removed via totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are considered bulk waste and have a surcharge associated with them (e.g., Tote surcharge CLIN 6386TS). Bulk waste does not refer to containerized wastes including waste contained in drums, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste.

b. The term Heavy…