2. SPAIN - PWS HW 20191121.docx

Table of Contents

DLA-DS Europe Hazardous Waste Contract Performance Work Statement for Spain

PERFORMANCE WORK STATEMENT

a. This contract covers the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from United States (U.S.) Military Installations at Moron Air Base (AB) and Rota Naval Base in the Host Nation of Spain. Additional services include: expedited removals, Waste Management Services (WMS), receiving services, laboratory analysis, preparation of DD Form 1348-1 (Attachment 6), sampling and analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services and removal of appliances containing ozone depleting substances (ODS). Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste (HW), shall not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

b. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with Host Nation law, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards, laws, regulations, and agreements apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract.

c. The Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement (PWS).

NOTE: The words container and drum are used interchangeably throughout the PWS.

d. The Contractor shall furnish any necessary or required material, to protect the shipment during periods of inclement weather. This will ensure the safety of containers and hazardous material/waste that is packed in absorbent type containers. For example, any wooded boxes containing asbestos or florescent light tubes should be covered with a tarp during periods of rain or snow. Any other types of material/waste accepted for shipment that are stored openly or in open containers on the truck should also be covered during inclement weather.

e. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with any and all environmental laws and regulations of the country/countries in which the waste is located (including, but not limited to Host Nation environmental laws and the environmental laws of those countries through which transport takes place) as well as any international environmental, safety and health laws and regulations; international agreements governing the transportation of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported, including the United States of America.

f. The requirements in this statement of work are not intended to contradict existing host country laws, regulations, decrees and orders or subsequent binding instructions from competent authorities. If the Contractor is aware of such a contradiction, the Contractor is responsible for identifying it to the Contracting Officer (CO). The CO will determine if a waiver is required. The Contractor shall not commence performance under a waiver request until the Contracting Office has granted written approval of the waiver.

g. PERIOD of PERFORMANCE and Compensation for Services This contract will be Firm-Fixed Price, Indefinite Delivery-Indefinite Quantity type contract with a 30 month base period and one 30 month option period. See Federal Acquisition Regulation (FAR) 52.217-8 and 52.217-9 for more information about contract extensions.

Base Period: 1 January 2020 – 30 June 2022 Option I: 1 July 2022 – 31 December 2024 NOTE: This Period of Performance (POP) is notional, and true POP presented here and in PWS may adjust based on award date of contract.

All CLIN (Contract Line Item Number) prices (attachment 1, Bid/Price Schedule for Hazardous Waste Services Spain) shall include all costs for performing under this contract. Transportation services shall be separately priced, in addition to waste and other CLINs. Lab analysis CLINs shall be priced in cases where DLA Disposition Services requests lab analysis. All CLIN prices shall not exceed 2 digits right of the decimal.

h. CONTRACTING OFFICER'S REPRESENTATIVE AND CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE:

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

PRE-REMOVAL, REMOVAL, POST REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal, Removal, and Post-Removal. The Contractor, and his Subcontractors, shall 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 HW 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. Material Handling Equipment (MHE) and Personnel Protective Equipment (PPE) shall be provided by the Contractor unless otherwise stated and shall be appropriate to ensure safe handling of the HW. When operating in a location or facility identified for service under this contract, the Contractor is required to provide forklifts with specifications that meet the applicable permit requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by U.S. Government personnel while on federal property.

PRE-REMOVAL

PERMITS/SPECIAL REQUIREMENTS

a. The Contractor warrants that they have been duly authorized to operate and do business in the country or countries in which this contract is to be performed and that they shall fully comply with all laws, decrees, labor standards and regulations of the Host Nation and transit countries during the performance of this contract. The Contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs procedures in accordance with applicable laws, codes and Final Governing Standards (FGS) for Spain (Attachment 15) in connection with the execution of the work. This includes acquiring all required permits, registrations, authorizations or notifications necessary to operate in any country or on any installations listed in this contract or intended to be used by the Contractor for transit or disposal. The Contractor’s and its Subcontractor personnel must be qualified and available to provide all the services specified in the PWS at contract award.

b. The Contractor must supply personnel fully trained and capable of performing the work under this contract. However, the Contractor may be required to attend any special required training, seminar, instruction, class, etc. provided by the U.S. Government or to provide information to perform work or gain access to the installation, for example: pass and identification (ID) requirements and antiterrorism training. The Contractor will not be paid by the Government for the time of its Contractor personnel attending such Government provided training or instruction. If additional requirements are necessary, they shall be negotiated with the Contractor. The Contractor’s personnel and/or Subcontractor providing this service shall wear an ID badge (required) at all times while on the U.S. Government installation.

c. The Contractor agrees that his personnel and equipment shall be subject to inspection while on U.S. Government controlled property.

d. The Contractor shall take such additional immediate precautions as the CO or other U.S. Government personnel may reasonably require for safety and mishap prevention purposes. The CO/COR and other U.S. Government personnel have the right to halt all work if it is not being conducted in a safe manner.

e. The Contractor shall be responsible for all damages to persons or properties that occur due to fault or negligence.

f. The U.S. Government, as waste producer, is responsible for identifying the Europe Waste Catalog (EWC) Numbers according to European Commission (EC) directive number 2001/118/EC. The Contractor shall only remove waste under the EWC Code provided by the waste producer that identifies the process generating the waste. Should the Contractor disagree with the pre-assigned Waste Catalog Number, the Contactor shall immediately notify the discrepancy to the COR for resolution.

SHIPPING/DISPOSAL DOCUMENTATION

1. The Contractor shall prepare, complete and return signed copies of appropriate shipping documentation, as required by the host nation, transit nations or nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations.

h. The Contractor shall prepare, complete, and provide copies of the appropriate shipping documentation to the COR and Installation Environmental Office (IEO) at least 5 days prior to the removal of the waste from the installation.

i. All HW leaving the installation shall be accompanied by a serial numbered manifest/shipping documentation to ensure a complete audit trail from point of origin to ultimate disposal.

j. Host Nation or international form(s) are required.

k. The COR will endeavor to notify the Contractor of any COR requested corrections to the shipping documents before pickup, if possible. Removal may be halted by the COR until the required documentation is provided or the COR may allow the removal to continue depending on the severity of the errors.

l. Any waste scheduled to be removed from the installation that continues to not have the proper documentation shall be shipped at a later date when the proper documents are provided. The Contractor shall bear all costs as a result of such a delayed shipment.

m. Copies of outgoing shipping documentation shall be furnished to the COR, IEO, and any other related parties at time of shipment. The Contractor shall provide to the COR returned signed copies of appropriate shipping documents as required by the Host Nation and/or any other applicable national or international environmental laws and regulations.

n. The COR and installation U.S. Government representative have the authority, prior to shipment, to decline the signing of any appropriate shipping documents for waste loads which are not in conformance with transportation, safety or environmental regulations.

o. Transboundary Shipping Documents:

1. The Contractor shall prepare the appropriate shipping documents and notifications to applicable regulatory agencies (hereafter “notifications”) required to move and dispose of all waste listed in the contract. The Contractor shall prepare all notification documents and act as the “exporter” and “importer” of the waste. Photocopies of the application for notifications shall be provided to the COR.

2. Once the Contractor has received approved notifications from the competent authority, the Contractor shall also provide the COR photocopies of the completed approved notification. After waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated Basel Transboundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 60 days following acceptance of the waste by the Treatment, Storage, Disposal and Recycling Facility (TSDRF).

3. Photocopies of all completed shipping documents shall be forwarded with the invoice submitted by the Contractor, to include the Basel showing acceptance of the waste at the TSDRF. Submissions of these documents shall reference their applicable contract and delivery order number. The Contractor shall ensure that no break in Basel approval exists to allow for the removal of HW from any installation.

4. Upon contract award or four months prior to the expiration of annual notifications (whichever is sooner) the Contractor shall provide bi-weekly reports to the CO outlining status and action taken to ensure there is no lapse in service.

p. Waste Identification: When Defense Logistics Agency (DLA) Form 2511 - Hazardous Waste Profiles Sheets (HWPSs) are produced by the Contractor, the Contractor shall use the latest version available in Attachment 6.

q. Misidentified Items:

1. In case the U.S. Government/Contractor/other related parties misidentifies a waste description on a Task Order (TO), the Contractor has the responsibility to inform the COR and IEO as soon as the Contractor becomes aware of the misidentification.

2. The Contractor shall notify the COR and IEO prior to removal or within 3 work days of the removal and prior to disposal.

3. In the event the Contractor believes the U.S. Government misidentified a particular HW, the Contractor shall demonstrate, through lab analysis and/or other supporting documentation, that the U.S. Government has misidentified a waste. The waste shall not be treated or disposed of until the U.S. Government has made a determination on the matter. Once a determination has been made and the HW found to be misidentified, the Contractor shall be paid the analysis and disposal price in accordance with the contract price of the actual waste removed/sampled. If the HW is found to be correctly identified, Contractor shall incur price of analysis.

NOTIFICATIONS

a. Except as otherwise specified herein and if required, the Contractor shall notify the COR and the IEO, at least 5 working days BEFORE attempting site visits, analysis or pickups.

b. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number or photo ID and its expiration date to the COR/COTR/IEO at least 48 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/COTR or other U.S. Government representative prior to any attempted removals. If this option is elected and the list is approved by the U.S. Government and maintained by the Contractor, the 48-hour notification requirement is moot for the remainder of the contract unless otherwise modified, unless a driver not on the list is intended for use by the contractor, in which case the 48-hour notice and information is required. The Contractor shall provide the COR with all information required to obtain a badge, vehicle passes, ID card, etc. needed for Contractor personnel to perform work on this contract within 15 calendar days of contract award. The U.S. Government requires updated information as required when additional contract personnel are used. Upon award of this contract the Contractor is required to contact the CO for these requirements.

c. The Contractor shall provide a list of packing and disposal requirements of the disposal facilities to be utilized for the HW removed for the installation. Changes or modifications to those requirements shall be immediately forwarded to the COR and IEO.

d. The U.S. Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance, if the Contractor fails to meet the above applicable notification time frames and/or a different driver, other than the one previously identified under this notification requirement or whose name does not appear on the list of approved, multiple drivers, arrives at the pickup location(s).

e. For TOs containing Expedited Removals, Services, or Performance Contract Line Item Numbers (CLINs) the Contractor shall notify the COR and IEO at each location, at least 2 working days BEFORE attempting site visits, analysis, or pickups. In addition, the Contractor is still required to provide the information identified in paragraph 1.1.3 a. above, under Notifications, at least 48 hours prior to removal. If applicable, where removals are ordered under either the 1) two working day or the 2) five working day expedited CLINs, the Contractor shall provide the information identified in paragraph 1.1.3 a. above, under Notifications, at least 8 hours prior to pick up. However, 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 elsewhere within this clause apply to any of the aforementioned Expedited Removals, Services or Performance CLINs.

f. Waste Report:

1. The Contractor shall provide the IEO, COR and the CO on a monthly basis a report that summarizes HW/material movements from the point of generation to the final TSDRF. The monthly report shall be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user. The report shall be provided electronically by the 10th day of the following month. An example of the report to be used or the information required in a contractor-generated report is located in Attachment 14 – Example Monthly Waste Report.

2. The Contractor shall provide an annual report in the Host Nation language summarizing hazardous/special waste movements from point of generation to disposal facility. The report shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR electronically and on a CD ROM on 15 January of each year, through the last TO issued under the contract.

3. Manifest Tracking Log: The Contractor shall complete DLA Disposition Services Contracting Form DL2505 – Manifest Tracking Log (Attachment 7), annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up (column 5) and the actual quantity disposal/recycled (column 13). The Contractor may use attachments to the form if necessary. The Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

NOTE: All fields in report formats will be completely filled in, reliable and accurate.

TRAILER SECURITY, PADLOCKS

a. All Contractor trailers utilized for HW pickup shall be padlocked upon arrival at the pickup location. Failure to meet this requirement may result in the U.S. Government’s halting of the pickup. All trailers capable of being padlocked shall also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other U.S. Government representative(s).

b. The COR or other U.S. Government representative have the right to request any ID and/or occupational endorsements from the driver and, refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. The Contractor shall assert no claim against the U.S. Government for any costs or demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups shall not be grounds for reimbursement by the U.S. Government.

c. The U.S. Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance, if Contractor trailers capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or Contractor personnel refuse to cooperate with any requests for additional ID and/or professional endorsements.

HOURS OF OPERATION

The U.S. Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract shall be performed, on a daily basis, during regular working hours (0730 through 1630 hours) Monday through Friday. The specific date and time for off-site removal services, shall be established by the COR and the Contractor via email or a facsimile pickup request which shall constitute a call against a TO (refer also to Section 1.3 Notifications). The COR shall forward the pickup request information to the IEO. The COR shall meet the Contractor at the scheduled pickup site at the time agreed upon by the Contractor and COR. This date/time shall be at least 2 work days prior to the date scheduled. The services performed under this contract shall not be performed during U.S. holidays and official national public holidays in the Host Nation. The U.S. holidays are:

*If this date falls on a Saturday, the preceding day (Friday) is the U.S. holiday. If this date falls on a Sunday, the following day (Monday) is the U.S. holiday.

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, or any other outside source, directly by the Contractor, employees of the Contractor, or any Subcontractor employees.

ENVIRONMENTAL MANAGEMENT SYSTEM

a. The DLA Disposition Services implemented Environmental Management System (EMS) in accordance with International Organization for Standardization (ISO) 14001:2015, Department of Defense (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 DLA DISPOSITION SERVICES - I 6050.2 (Attachment 13).

b. Site supplements 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 systems 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.

c. 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.

d. The Contractor shall ensure its personnel are aware of the DLA EMS, its purpose, and content.

REMOVAL – CLINs N04000 through N36990 DD Form 1155 – Order for Supplies or Services (Attachment 5) (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) shall be completed for all items ordered or services performed on a TO, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service the Contractor shall complete the applicable fill-ins on the DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes. These quantities so annotated shall be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the Contractor shall obtain the IEO’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste or any other requested service shall be paid without the certified form.

SPILL RESPONSIBILITY

a. The Contractor shall be both financially responsible and legally liable for any spill and/or release of HW material waste that occurs as a result of the Contractor’s action or inaction during the course of HW removal.

b. The Contractor shall clean up spills and releases to the satisfaction of the COR/COTR, U.S. Government representative and IEO to ensure compliance with all applicable laws and regulations. Contractor shall dispose of all spill residues and debris at no additional cost to the U.S. Government and provide proof of disposal.

c. The Contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment and disposal of waste under this contract. This plan shall be used in conjunction with the Base Installation Spill Notification Procedures.

d. The Contractor shall immediately notify the CO and the COR/COTR, U.S. Government representative and IEO of any spills or releases resulting from the performance of this contract. Contractor shall provide a written report to the CO no later than 24 hours after the spill or release. For spills or releases occurring on U.S. Government controlled property, the Contractor shall notify the IEO and follow Installation Spill Notification Procedures and provide a copy of the written spill report to the IEO and COR.

e. At a minimum, the immediate notification to the CO, COR, COTR, and IEO shall include: item spilled; quantity released; type of area contaminated (e.g., cement, soil, floor, etc.); exact date, time, and location of spill; actions taken and the time/date performed; anticipated cleanup and disposal procedures; and the persons contacted and present at the time of the spill.

f. At a minimum, the written report to the CO, COR, COTR, and IEO shall include: cleanup and disposal procedures taken; outside assistance required (if any); personal injury involved; and the names and telephone numbers of all national, regional or local officials contacted.

SEGREGATION OF HAZARDOUS WASTE

a. Commingling or consolidation of HW: Any commingling or consolidation of U.S. Government waste with non-U.S. Government waste by the Contractor or third parties shall result in the indemnification of the U.S. Government concerning any and all claims that result from such commingling or consolidation. Compensation to the Contractor shall be limited to the CLINs ordered and removed on the DD Form 1155 – Order for Supplies or Services, prior to the commingling or consolidation.

b. The Contractor shall ensure that used oil, HW, or oil product contaminated with any HW shall not be used for dust suppression or road treatment.

c. The Contractor shall segregate, sort, package, re-containerize, identify shipping name, and label waste containers for assorted HW that has accumulated in an area other than a Hazardous Waste Accumulation Point (HWAP). The Contractor shall provide an itemized inventory of these wastes including:

1. International waste nomenclature, EWC and hazard class.

2. Weight in kilograms (kg) of each item and number and size of containers.

The services shall be ordered according to the estimated weight of the items to be segregated and packaged and shall be priced per kilogram. The CLIN unit price shall include the cost of containers required but it shall not include the cost of disposal.

STATEMENT ON CONTAINERS

a. The Contractor shall provide, place and remove HW containers, when required under this contract, for the collection and/or transportation of waste and they shall be United Nations (UN) approved, clean, free of residue and graffiti, and only labeled with markings that identify the current waste. The containers shall have a current inspection/certification and be capable of being operated as intended (i.e. lids shall close tightly and prevent the intrusion of rainwater, safety hooks to hold lids open shall be in place and operational, containers shall be able to be locked, etc.). Containers greater than 1.1 cubic meter (CBM) shall be weighed each time before they are placed into service. The container shall be labeled with the date weighed as well as the actual weight. Containers shall be unmarked, structurally sound and containing no, free standing, residue(s).

NOTE: CLINs N67000 to N68990 are only for the supply of containers when purchased/ordered by the Government. Containers purchased under these CLINs are solely for discretionary use by the U.S. Government and shall not be used for services where Contractor-provided containers are required under waste management services

b. All Contractor provided containers shall be labeled by the Contractor. The labels shall be resistant to fading from moisture and sunlight. All containers of HW shall be labeled in English as follows: the words ‘hazardous waste’; any hazard warnings; the internationally recognized name of the substance; the European Waste Code; the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN Number; proper shipping name; hazard label number(s); packing group; the name, address and telephone number of the DLA DISPOSITION SERVICES CONTRACTING Contractor; the generator ID number; the Environmental Office point of contact; the fire and emergency services telephone numbers for the installation; all precautionary and health (P&H) phrases, in accordance with Global Harmonization System (GHS) and that are applicable to each waste stream and the CLIN number. There shall be no other labels, signs or symbols incorporated onto the HW label.

NOTE: CLIN N69200 is for the supply of labels when purchased by the U.S. Government. Labels purchased under this CLIN are solely for discretionary use by the U.S. Government and shall not be used for services where Contractor provided labels are required under waste management services

c. U.S. Government owned containers shall not be reused by the Contractor until all markings indicating U.S. Government ownership have been removed. If compressed gas cylinders are not destroyed in the treatment process, they shall be rendered to scrap and unable to hold a positive pressure.

d. The Contractor shall be required to provide all the containers at the Hazardous Waste Storage Areas (HWSA) and the HWAPs. The Contractor shall ensure that sufficient quantity and type of containers are maintained for proper execution of the contract. For spill response purposes, the Contractor shall ensure that a minimum inventory of 50 each, 200-liter capacity containers, approved for both liquid and solid wastes resulting from spills are on-hand.

e. The Contractor is responsible for preparing all containers, including Intermediate Bulk Containers (IBCs) for transportation to a recycling/disposal facility in accordance with applicable transportation laws and regulations, and in accordance with recycling/disposal facility requirements. The Contractor shall ensure all containers are properly marked, labeled and packaged as required by applicable regulations prior to any transportation. If items must be repackaged for proper shipment, the Contractor shall perform such repackaging and furnish all required materials.

f. All areas managed under this contract by the Contractor shall be marked with the appropriate signage for the hazards contained in accordance with all DoD, EU, and Host Nation laws; the signs shall be in English and the Host Nation language.

U.S. GOVERNMENT EQUIPMENT & PERSONNEL

The Contractor understands that this is a firm-fixed price contract where the Contractor is responsible for all costs of performance, unless expressly stated to the contrary in the contract. The U.S. Government shall not furnish any equipment or personnel to assist the Contractor in the performance of the Contractor’s responsibilities under the contract. The Contractor understands that any such offers of assistance by U.S. Government personnel are unauthorized, and the Contractor shall not accept any such offers. The only exceptions regarding Contractor use of U.S. Government-owned equipment are (1) usage of U.S. Government loading equipment, and (2) usage of U.S. Government scales for weighing purposes. However, in both cases, usage of such equipment is only permitted when authorized by the Generator, and only if, such equipment is available for use; as a result, the Contractor is highly encouraged to supply their own equipment whenever possible, as lack of availability of U.S. Government-owned equipment will not be considered grounds for a subsequent request for equitable adjustment. Finally, as it pertains to usage of U.S. Government-owned loading equipment, Contractor personnel must be licensed to operate such equipment in accordance with local Host Nation procedures, and bears responsibility for any damage caused as a direct result of operating such equipment.

a. Contractor Personnel:

1. The Contractor shall provide a list of the names and telephone numbers of the Contractor’s Contract Manager, alternate Contract Manager and On-Site Technical Representative (OSTR) to the COR. This list shall be updated within 5 calendar days of a change in personnel or phone number.

2. The Contract Manager and his alternate shall have full authority to act for the Contractor on all contract matters relating to the performance of this contract, i.e., all contract arrangements and required coordination. The Contractor agrees that notice by the U.S. Government to the designated Contract Manager or alternate Contract Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the employees so designated.

3. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. The Contractor shall require its Subcontractors to likewise comply with this requirement. Contractor and Subcontractor personnel shall have the ability to communicate (i.e., cellular telephones) with the DLA Disposition Services CORs and the Contractor’s Contract Manager when they are on-site or transporting HW.

4. The Contract Manager, alternate Contract Manager, and the OSTR shall be able to read, write, speak, and understand English proficiently and be able to actively participate in English conversations concerning technical issues associated with this contract. All correspondence related to this contract shall be in the English language.

TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT FACILITIES

The Contractor shall NOT undertake treatment of HW on a military installation. Treatment includes, but is not limited to, the dilution of waste to make it less harmful, chemically changing the pH, and mechanically crushing/compacting waste (including metal or plastic containers). Bulking of waste (i.e. combining the same waste stream from several small containers into a larger container) is not considered treatment.

LOADING/TRANSPORTATION

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. Unless otherwise specified, the U.S. Government shall not load at any location.

b. Unless otherwise provided in the contract, the U.S. Government shall not block, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Contractor. All outgoing shipments or loads shall be secured in accordance with Host Nation laws and regulations.

c. Unless otherwise provided in the contract, loading shall not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the items are located is closed.

d. The Contractor shall transport waste in accordance with all applicable transit rates and Host Nation and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods (HP/DG) shall be transported in UN-specification containers where required. The Contractor is responsible for ensuring that all hazardous property leaving a U.S. facility is accompanied by a manifest to ensure a complete audit trail from point of origin to ultimate disposal. The Contractor shall purchase and prepare all manifests for waste movement. The standards set forth in the ADR, International Maritime Dangerous Goods (IMDG) Code, and the European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID) and other applicable regulations shall be utilized by the Contractor for all shipments.

e. The Contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, Host Nation, EU and international transportation regulations.

f. All vehicles shall be equipped with the appropriate emergency equipment and the drivers shall have the proper training and instructions for transporting hazardous property and reporting spills as required by ADR, IMDG, Host Nation, EU and international transportation regulations.

g. The waste generator will package the waste to the best extent possible to be in accordance with the acceptance criteria set forth by the contractor. If repackaging is required, and the U.S. Government does not have the proper containers or parts for compliant repacking, the Contractor shall provide these services and parts/containers/pallets; however, this will be considered the exception rather than the rule.

h. The Contractor will not be required to remove and transport HW which is clearly unfit for transport; however, the Contractor should be prepared for some minor repackaging – not to exceed 5% of the total quantity of containers to be removed (i.e. the intent of this clause is not to require the Contractor to provide repacking containers for every drum to be shipped, but require the Contractor to be prepared to provide a few containers, or to keep a minor inventory of over pack containers on site). This clause does not pertain to any containers that the Contractor elects to repackage solely for convenience. If repackaging is required at any time by the Contractor, CLIN N69400 will be ordered based on the weight of the container requiring repackaging.

i. The Contractor is solely responsible for researching, arranging and making any necessary contacts to verify all transportation methods and routes proposed and shall perform the necessary notifications and obtain any required approvals. The U.S. Government shall not be liable for any additional costs/fines incurred because of delays caused by transportation shipping companies.

WEIGHING OF ITEMS

a. Verification of TO weights is required. The Contractor shall weigh the wastes in the presence of the COR prior to departure from the installation. The Contractor shall use Contractor-provided portable scales when U.S. Government-owned scales are not made available for use. The annual calibration certificate shall be provided to the COR when the contractor’s portable scales are used. U.S. Government-owned scales may be used when available, operable and authorized by a U.S. Government representative. Should U.S. Government-owned scales not be made available, and the container to be weighed is too large for the Contractor’s portable scale, the Contractor may weigh the waste at calibrated public scales at no additional cost to the U.S. Government. In such case, the Contractor shall provide weight tickets to the COR within 2 work days of removal.

NOTE: if the IEO has previously weighed the waste and the Contractor agrees to the weight from the IEO. Weighing of the waste in the presence of the COR is not required.

b. The weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging which shall not be removed by the Contractor prior to disposal, and is required by ADR, IMDG, EU, international, and/or Host Nation laws and/or regulations. Containers and pallets that are to be destroyed or disposed along with the wastes/materials that they contain shall be included in the net weight. Containers and pallets that are being used at the convenience of the Contractor, but are not disposed of with the waste, shall not be included in the net weight.

BULK LIQUID PUMPING

a. Bulk liquid items collected in U.S. Government-owned tanks or drums (>206 liters) may be pumped to obtain a more economical removal. The liquid shall be pumped to a depth of 5 cm or less residue remaining in the container. The Contractor shall not be required to clean the container. When bulk liquid pumping is ordered, it may be necessary for the Contractor to pump material from tanks, scrubbers and sumps. The Contractor shall furnish a collection vehicle equipped with pumps, hoses and a metering device. Pumps and hoses shall have the capacity to safely handle the types of waste to be collected, and be able to remove all liquids and sludge from tanks that can be removed without agitation or introduction of other materials to the tank, subject to the 5 cm or less residue level as stated above.

b. The Contractor shall be required to remove all liquids and sludge from tanks that can be removed without agitation or introduction of other materials to the tank under the standard CLIN. Tank pumping should be ordered prior to tank cleaning or in conjunction with tank cleaning. Normally, bulk removal is ordered for bulk tanks only. Sludge, debris, etc. remaining inside the tank after the bulk removal is completed shall be removed during the tank cleaning process. Cleaning can involve human access to a tank, washing with a solvent or other detergent, scraping, scrubbing, shoveling, brushing, and containerizing of solids/sludge until no visible residue remains. Stains are not considered residue. CLINs N70100 to N70300 shall be ordered according to the type of tank. Tank cleaning requiring respirators and/or confined space entry shall comply with Occupational, Safety and Health Administration (OSHA) and EU regulations.

c. The disposal of un-pumpable sludge/solids removed as part of the cleaning process shall be ordered under the appropriate disposal CLIN, based on the most previous known contents in the tank. This CLIN shall appear on the same TO issued for tank cleaning. However, the quantity listed on the TO shall be an estimated quantity and may be corrected with a modification after the fact.

d. When removing/pumping flammable liquids the proper equipment must be used to prevent sparks and/or fire and have a containment system to prevent spills or leaks from reaching the environment. Contractor must follow OSHA/host nation/EU regulations.

CHARGES FOR EXPEDITES

When any CLIN specified in the bid schedule requires immediate action with a period of performance other than that specified in the bid schedule, an expedited CLIN may be ordered in conjunction with the supporting TO. Minimum TO quantities shall not apply for expedited removals. When expedited removal is required for waste removal, the maximum amount of waste shall be limited to 35,000 kg of either a single waste stream or a combination of waste streams. No minimum/maximum quantity is applicable for non-waste removal services. Unit of issue reflects each time the Contractor is requested to perform a service in an expedited manner. Time period begins upon the issuance of a TO. The Contractor is expected to utilize the services of Subcontractors if required to meet the timeframe.

TASK ORDER ADJUSTMENTS

All task order quantities are estimated amounts. The Contractor can expect that the task order quantities will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. Therefore, the Government has the unilateral right to increase the task order quantities in those instances where the Government has underestimated the quantity required to be removed so the Contractor can continue performance. The government has the unilateral right to decrease the task order quantity in those instances where the Government has overestimated the quantity required to be removed. In instances of decreasing quantities, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the Government to issue task order modification (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The Contractor will be paid for the actual items and quantities removed per the awarded contract Price Schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the CO. These modifications are only against TO. No changes are made to the terms and conditions of the contract.

POST REMOVAL

RETURN OF SHIPPING DOCUMENTATION

a. A copy of the disposal documentation recording completion of disposal shall be returned to the CO and COR no later than 10 work days following disposal of the waste.

b. The Contractor shall ensure that the copy of the appropriate shipping documentation showing contract number and completion of transportation is returned to the COR no later than 30 calendar days following delivery of the waste to the disposal facility.

c. Any transportation and Host Nation documentation requirements established by the ADR, the IMDG Code, the Basel (if applicable) shall be provided to the COR prior to removal.

d. At the time of removal from the installation, the Contractor/COR shall include the contract number, TO, disposal turn-in document (DTID) number, and line item numbers on the shipping documentation.