Attachment_00_-_12Oct18_Okinawa_14-D-0002_Final_Renewal_PWS.docx

Notes to Offerors

1. DLA Disposition Services launched a new Profile-Based CLINs (PBCs) hazardous waste disposal contract model on July 1, 2013. (PBCs are replacing previous disposal CLINs that were based primarily on waste codes. PBCs are descriptive in nature with the intent of helping Contractors pre-determine appropriate treatment and disposal technologies when formulating proposals. Pricing for this contract will remain by the pound.

2. “Offerors are invited and highly encouraged to conduct a scheduled site visit(s) prior to price submission, to discuss and/or see first-hand the scope of work associated with this Contract.

3. This request for proposal (RFP) consists of two (30) month Schedule of Services (Price schedules), Attachment 1.

A. Offerors must furnish prices for the entire price schedule including the base and option period.

B. An omission of any line item pricing may result in the offer being considered non-responsive and will not be considered for award.

C. In the event of a discrepancy in the calculation of the extended amount, the U.S. Government will multiply the Offerors unit price shown by the estimated quantity to ascertain the extended amount proposed.

D. Zero ($0.00) unit pricing will be considered non-conforming and will not be considered for award.

4. Email address for submissions of offers, is hazardouscontractswest@dla.mil and Denna.Crandall@dla.mil

5. Please disregard Technical Requirements on page 3 of Form 1449 continuation sheet.

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

1.0 REMOVAL PHASES

1.1.4 NOTIFICATIONS

1.1.5 TRANSPORTATION

1.1.6 STATEMENT ON CONTAINERS

1.1.7 TRAILER SECURITY, PADLOCKS

1.1.8 PACKAGING REQUIREMENTS

1.1.9 HOURS OF OPERATION

1.1.10 PUBLIC AFFAIRS COORDINATION

1.1.11 ENVIRONMENTAL MANAGEMENT SYSTEM

2.0 DISPOSAL/RECYCLING

2.1 REGULATED/NON-REGULATED ITEMS

2.1.1 ITEMS REGULATED IN ACCORDANCE WITH JEGS/GOJ

2.1.2 ITEMS NOT REGULATED BY JEGS/GOJ

2.1.3 CONTRACTOR ELECTED DETAILED ANALYSIS AND SAMPLING

2.1.4 RESERVED

2.1.5 EMPTY CONTAINERS

2.2 RESERVED

2.3 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.4.2.1 FACILITIES USED FOR THE COMBUSTION OF USED OIL

2.4.3 WASTE FOUND TO NOT MEET RECYCLING PARAMETERS

3.0 SPECIAL SERVICES

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVELS

5.0 QUALIFIED FACILITIES AND TRANSPORTER LISTS

5.1 USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE TECHNICAL REPRESENTATIVE

6.1 MANPOWER REPORTING REQUIREMENTS

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

8.1 RESERVED

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

ATTACHMENTS

Attachment 00 PWS Attachment 01 Schedule of Services (Price schedule) Attachment 02 Definitions Attachment 03 Acronyms Attachment 04 Primary Pick-up Sites Attachment 05 Acceptable Performance Levels Table (APL) Attachment 06 Quality Assurance and Surveillance Plan (QASP) Attachment 07 QFL Application DLA Form 2507-1 Attachment 08 QFL Additional Facility Application DLA Form 2507-2 Attachment 09 Transporter Application DLA Form 2503 Attachment 10 Manifest Tracking Log DLA Form 2505 Attachment 11 DD Form 1155, Order for Supplies or Services Attachment 12 Example of a Certificate of Recycling Attachment 13 Example of a Certificate of Destruction Attachment 14 Facility Profile Sheet Attachment 15 Japan Profile-Based CLIN Catalog Attachment 16 Example of a Certificate of Demilitarization

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the “Okinawa On-Island Hazardous Waste (HW) Disposal Contract” and requires the removal, transportation and disposal of industrial waste as identified in the U.S. Japan Environmental Governing Standards (JEGS) and wastes regulated by Government of Japan (GOJ) as Industrial Waste (IW), Specially Controlled Industrial Waste (SCIW), Specially Handled Industrial Waste (SHIW), and listed within Attachment 01 Price schedule. The disposition of all waste indicated in the PWS are to be performed in accordance with the respective Japanese national, prefecture and local environmental laws and regulations, as well as any applicable international agreements governing the transportation of dangerous goods and the terms and conditions of this contract. The JEGS may be located at:

http://www.navfac.navy.mil/content/dam/navfac/NAVFAC%20Pacific/NAVFAC%20Far%20East/PDFs/PWD_Yokosuka_EVfiles/2012%20JEGS.pdf

0.1 INDEMNIFICATION

Upon receipt/removal of items from the various Government installations, the Contractor assumes full accountability and physical custody of such items.

DLA, its officials, agents, contractors, subcontractors, employees and representatives shall be held harmless from any and all claims or causes of action arising from, or on account of, negligent or other wrongful acts, omissions of the Contractor, its officers, directors, employees, agents, or subcontractors, in performing the Work pursuant to this contract. In addition, the Contractor agrees to pay the United States all costs incurred by the United States, including but not limited to attorney’s fees and other expenses of litigation and settlement, arising from or on account of claims made against the United States based on negligent or other wrongful acts or omissions of the Contractor, its officers, directors, employees, agents, subcontractors and any persons acting on its behalf or under its control, in performing the Work pursuant to 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 any law, regulation, order, right, or public or private enforcement program 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 the work performed pursuant to this contract.

The United States shall not be held out as a party to any contract entered into by or on behalf of the Contractor in performing the Work pursuant to this Contract. Neither Contractor nor any such subcontractors shall be considered an agent of the United States.

The United States shall give Contractor notice of any claim for which the United States plans to seek indemnification pursuant to this Section and shall consult with Contractor prior to settling such claim.

0.2 DEFENSE BASE ACT (DBA) INSURANCE

a. The Defense Base Act (DBA) provides workers compensation type insurance coverage for Contractor employees performing under USG contracts outside the United States (OCONUS). It is intended to be a counterpart to domestic workers compensation coverage and as such, is the sole recourse for workers who suffer on-the-job injuries or death while engaged in work in foreign locations under USG prime contracts and subcontract. Since an Act is an action required by law, this contract must include the DBA coverage as applicable.

b. DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of Labor (DOL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waivers for foreign nationals, if acceptable workers compensation benefits are provided by applicable local law. There is no current DBA waiver for the Philippines, therefore, U.S citizens and foreign nationals will require DBA insurance coverage. CLIN P7100J, listed in the Schedule of Services, Attachment 01, will be placed on a task order once in a12-month period (most DBA coverage is sold in 12-month increments) for DBA insurance coverage for foreign nationals. CLIN P7100J will reimburse Contractors for actual cost for obtaining/maintaining the DBA insurance when applicable. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the U.S. A listing of firms who do provide such coverage can be accessed at https://www.dol.gov/owcp/dlhwc/carrier.htm. Additional information regarding DBA can be referenced at http://www.dol.gov. Offerors who do not include a unit price for CLIN P7100J may have their proposal considered to be non-responsive and ineligible for award.

0.3 U.S. GOVERNMENT HAZARDOUS WASTE STORAGE AREA (HWSA)

In no case shall the Contractor perform any type of construction or alteration to the USG facility or area before, during or after the establishment of a Hazardous Waste Accumulation Point (HWAP) or HWSA without the proper authorization, in writing, from the appropriate installation authority. The USG is responsible for its facilities and maintaining them.

0.4 USE OF THE WORD ‘CLIN’

All references to the word CLIN in this contract is synonymous with Profile-Based CLIN or PBC.

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 Representative must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and representatives 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 elsewhere in this document, 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 USG personnel while on Federal property.

1.1 PRE-REMOVAL

The Contractor is encouraged to perform a pre-removal inspection of all containers at least five (5) 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 corrected during the pre-removal inspection, if not corrected discrepancies shall be reported to the COR for resolution. See Section 1.1.1.1 for CLIN disputes below.

1.1.1 BASE CLIN CATEGORIES

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 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. In addition, the USG 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. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If, upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

b. If the Contractor asserts that an inappropriate disposal CLIN has been assigned, and a new CLIN needs to be assigned, the burden of proof lies with the Contractor. The waste in question shall not be treated or disposed of until the USG 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, TSRDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSRDF invoice. Written documentation 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. After receipt of the supporting documentation by the Hazardous Disposal Branch/J331, 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.

c. If the Contractor fails to meet these requirements, the CLIN dispute will be null and void. The Contractor will be paid for the actual items and quantities removed per the awarded contract price.

1.1.2 PERMIT/SPECIAL REQUIREMENTS

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

c. Offerors must submit Attachment 07, Qualified Facilities List Application, DLA Form 2507-1, and Facility Profile Sheet Attachment 14, Facility Profile Sheet, with their proposal, for their primary TSRDF. After contract award, the awardee will request all joint venture partners and representatives not already on the Disposition Services Qualified Facilities List be added. The U.S. Government is under no obligation to approve the utilization of such facilities. All disposal, storage, transportation, chemical analysis and additional authorization costs required for the delivery of wastes/materials to facilities added to this contract, after award, will be prepared and performed by the Contractor at no additional cost to the US Government. The awardee may request additional firms be added to the Disposition Services Qualified Facilities List by completing and submitting Attachment 08, Qualified Facility List Application, DLA Form 2507-2 to the KO for approval. The awardee may also request additional transporters be added to the Disposition Services Qualified Transporters List by completing and submitting Attachment 09, Transporter Qualification Review Application DLA Form 2503 to the KO for approval. Application is to include verification of vehicle and personnel insurance.

Note: The absence of firms on these lists does not mean they are not acceptable. The presence of firms on these lists only indicates a request for their addition to the list for work under Disposition Services contracts were reviewed for licenses, permits and compliance records and were approved for those specific contracts.

1.1.2.1 REPORTING REQUIREMENTS

a. The contactor shall provide an annual report summarizing hazardous waste movements from point of generation to disposal facility. The summary shall be utilized as the tracking log. This report shall be in English and include the installation pickup name, international waste description according to the United Nation standards, and shall include the following method of disposal (i.e. incineration, landfill, energy recovery, or recycling). The output shall be provided in Excel format on 15 January of each year, or the next business day should the 15th fall on a weekend, through the last TO issued under the contract and shall be provided to the KO and the competent authorities upon request. The Manifest Tracking Log, DLA Form 2505, provided in Attachment 10, may be utilized for format reference, however, it is not required the Contractor use this exact form. The tracking log should be kept current so that it may be supplied to the Generator upon request by COR/KO.

1. Company Name and address

2. Contract Number

3. Invoice amount

4. Task Order Number

5. Task Order Line item number

6. Document number (Distribution Standard System (DSS) number)

7. HIN (Hazardous Item Number)

8. Pickup Manifest Number

9. Disposal Facility and any other facilities utilized for storage, disposal, and recycling if different than a. above.

10. Quantity picked up

11. Applicable waste codes

12. Final treatment/and or disposal method description including recycling. Handling or treatment codes if applicable for Japan.

13. Quantity disposed of (must match quantity picked up

14. Date of final treatment, and/or disposal, and/ or recycling.

b. The content of this Summary Manifest Report will be in accordance with the regulations of the Japanese prefecture requiring the report.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. Manifests will be provided and prepared by the Contractor and will be signed by the Generator in accordance with Japanese Laws. The Contractor shall comply with all applicable Japan environmental laws and regulations.

The Contractor shall provide to the DLA Disposition Services Okinawa Contract Officer Representative (COR) coordinating the waste disposal a copy of the completed shipping papers for review at least five (5) business days prior to removal.

b. The Contractor shall provide, if required, Hazardous Waste Profile Sheets for acceptance of waste into a Qualified Facility and any other shipping documents to ensure appropriate tracking of waste. Prior to removal from a site identified as a pickup point in this contract, completed copies of all host nation manifests, or bills of lading, whichever is applicable, shall be furnished to the COR.

c. Each pickup manifest and bills of lading (i.e., with a Government activity identified as a Generator ), as well as all other documentation required herein, shall be clearly and distinctly marked with the name DLA Disposition Services Okinawa in addition to the Generator s and the contract and task order number, as applicable. Contractor is responsible for any local Japanese emergency response requirements.

d. Any transportation and host nation manifesting requirements established by the International Maritime Dangerous Goods (IMDG) Code, the May 1989 Basel convention on the Trans-boundary movement of Hazardous Waste and their Disposal, or the International Carriage of Dangerous Goods by Rail (RID), (if applicable), must be completed and provided to the COR within 5 business days of removal. The COR has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation or environmental regulations.

e. The Contractor shall complete a DD Form 1155 Order for Supplies or Services Form for all items ordered or services performed on a task order (TO). A blank example of DD Form 1155 is provided in Attachment 11. The Contractor shall record the type of waste, quantities removed, waste codes, manifest numbers, and date removed. The Contractor shall obtain the COR’s signature and date to verify the wastes removed.

1.1.4 NOTIFICATIONS

1.1.5 TRANSPORTATION

1.1.6 STATEMENT ON CONTAINERS

1.1.7 TRAILER SECURITY

1.1.8 RESERVED

1.1.9 HOURS OF OPERATION

a. The service to be performed under this contract shall be performed during normal USG 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. 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 (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 USG 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 USG installation, the services will be provided during the normal hours of operations for the installation. There will be no pickups during the hours of 1100 – 1300.

1.1.10 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 representative.

1.1.11 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).

1.2 REMOVAL

1.2.1 PACKAGING, MARKING AND LABELING

1.2.2 U.S. 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 USG 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 Representative 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 Representative in the performance of this contract.

b. The USG and/or its representatives shall be afforded free access to any facility used by the Contractor and any representative in performing services under this contract, including offices and facilities where contract-related records are retained. USG inspections of Contractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the USG 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 USG failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the USG thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly IAW the contract.

d. The Contractor shall ensure that the inspection rights described herein are afforded the USG 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 is solely responsible for containment, cleanup and disposal of all spills, leaks, spill residue, and/or debris, and includes appropriate container packaging, labeling, and documentation for shipment during the performance of this contract that occurs as a result of, or is contributed to by the actions, of its agents, employees, or rRepresentatives. The Contractor agrees to clean up such spills as outlined in the following, the site specific Spill Response Plan(s), and in accordance with applicable local laws and regulations at no cost to the U.S. Government.

NOTE: Each USG installation may have specific spill reporting requirements. COR shall coordinate with Contractor to ensure installation spill reports are completed and submitted to proper installation spill coordinators.

1.2.4 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to compatibility and kept physically separate from any other items until the initial Treatment, Storage, Disposal & Recycling Facility (TSDF) is reached. This includes separation inside the shipping container. The items must be so marked, that they are readily linked to this contract throughout this period. The Contractor shall annotate the Task Order and line item number on each item being removed for disposal. USG reserves the right to inspect the vehicle to ensure segregation is completed and correct.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT PREMISES

a. Recycling, treatment or disposal of hazardous waste by the Contractor on USG premises is prohibited. Treatment is any process which meets the definition of treatment set forth in the JEGS and/or applicable local Japanese laws and regulations.

1.2.6 RESERVED

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER ADJUSTMENTS