Attachment 2 Updated 2020 AFG PWS.pdf

0.0 PERFORMANCE WORK STATEMENT

1.0 REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

1.1.2 SHIPPING DOCUMENTATION

1.1.3 NOTIFICATIONS

1.1.4 TRAILER SECURITY, PADLOCKS

1.1.5 HOURS OF OPERATION

1.1.6 PUBLIC AFFAIRS COORDINATION

1.1.7 ENVIRONMENTAL MANAGEMENT SYSTEM

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 STATEMENT ON CONTAINERS

1.2.4 U.S GOVERNMENT EQUIPMENT AND PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT

FACILITY

1.2.6 LOADING/TRANSPORTATION

1.2.7 WEIGHING OF ITEMS

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 STORAGE RESTRICTIONS

2.1.1 CERTIFICATES OF DISPOSAL, DESTRUCTION AND RECYCLING

2.1.2 DETAILED ANALYSIS

2.2 DEMILITARIZATION

3.0 SPECIAL SERVICES

3.1 TRANSPORTATION CHARGE

3.2 IN-TRANSIT VISIBILITY DEVICES CLINs

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

5.0 QUALIFIED FACILITIES LIST AND QUALIFIED TRANSPORTERS LISTS

5.1 FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PACKING, MARKING AND LABELING

6.3 PLACES OF GOVERNMENT INSPECTION

6.4 CONTRACTOR REPRESENTATIVE

6.5 INCIDENTAL FEES

6.6 SAFETY REQUIREMENTS

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVEICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTENCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0. 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 waste and regulated substances from U.S. Military Installations within the country of Afghanistan. Known locations for performance are Bagram Airfield, (BAF) and Kandahar Airfield, (KAF).

b. The U.S. Government may order the estimated quantities for service in the country outlined above. Should the U.S. Government require services in any new locations in Afghanistan, other than Bagram and Kandahar, the contract CLIN pricing shall apply, except for the addition of a new transportation CLIN by modification to the contract. The Government does, however, reserve the right to contract separately for any of these new locations.

c. The Contractor shall furnish all labor, supervision, supplies, materials, services, equipment (to include but not limited to) the following: sea land containers and container trucks, portable scales for weighing drums and bulk containers, labeling, and cleaning equipment, incidental spill cleanup supplies, forklifts, lift gate trucks, pallet jacks and waste collection containers, transportation, permits and authorizations to accomplish the work in a timely and efficient manner.

d. The U.S. Government shall furnish personnel and equipment to assist the Contractor in the performance of the contract unless otherwise specified. The Contractor understands that any other offers of assistance or use of Government equipment made by U.S. Government personnel other than the Contracting Officer (KO) are unauthorized and the Contractor shall not accept any such offers.

e. The U.S. Government is not responsible for providing force protection to the Contractor;

however, the intent of the terms and conditions of the contract is that the Contractor will not be sent into an area where there is anticipated to be live fire. If the Contractor considers a situation exists which constitutes an unsafe environment due to regional hostilities, they may inform the KO and negotiate an appropriate extension to the period of performance, until a safe environment can be reestablished. Only after cognizant military officials have determined that a site has been sufficiently stabilized, will waste removal be required.

f. The removal, transportation, storage, treatment, disposal, and recycling of wastes offered under this contract are to be performed in accordance with European Union (EU) and 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 to also any transit countries through which the waste is transported.

g. The contract includes a base period of 12-months, plus four (4) option periods of 12-months.

1.0 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 their Sub-Contractor’s must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Sub-Contractors 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 handling equipment and Personal Protective Equipment (PPE), unless otherwise stated, and must be appropriate to ensure safe handling of the hazardous waste. 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.

1.1 PRE-REMOVAL

a. Except as otherwise specified herein, the Contractor shall notify the Contracting Officer

Representative (COR) or other Government representative for each location, at least fifteen (15) calendar days BEFORE attempting site visits, analysis or pickups.

b. Upon receipt of a written Task Order (TO) the Contractor shall provide the COR with all information required to obtain a badge, vehicle passes, identification card, etc. for Contractor personnel to perform work on this contract.

c. The Contractor shall provide the names of the drivers as shown on Taskara, Taskara number, vehicle identification number, make, model, year, color and any other information required by the base to the COR or other Government representative at least 15 calendar days prior to removal.

d. The 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 timeframes 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 arrive at the pickup locations(s).

e. Military base regulations will override all contract language for entry and exit to the base, including inspection of trucks and drivers.

1.1.1 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 this country 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, applicable laws, codes, and regulations 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.

The Contractor’s and its Sub-Contractor personnel must be qualified and available to provide all the services specified in this Performance Work Statement PWS at contract award.

b. 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 ID requirements and antiterrorist training. The Contractor’s personnel and/or Sub-Contractor providing this service shall wear an identification badge (Required) at all times while in the U.S. Government installation. If additional requirements are necessary, they shall be negotiated with the Contractor.

c. U.S. Government controlled property.

d. The Contractor shall take such additional immediate precautions as the KO or other U.S.

Government personnel may reasonably require for safety and mishap prevention purposes. The KO/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.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

a. The Contractor shall prepare, complete and return signed copies of appropriate shipping papers, as required by the host nation and/or any other applicable national or international environmental laws and regulations.

b. The Contractor shall prepare, complete and provide copies of the appropriate shipping papers to the COR and designated installation representative at least 5 days prior to the removal of the waste from the installation.

c. All manifest and /or shipping papers must be completed by the Contractor in accordance with all applicable laws and regulations concerning manifesting of the waste.

d. All hazardous waste leaving the installation shall be accompanied by a serial numbered manifest/shipping paper to ensure a complete audit trail from point of origin to ultimate disposal or recycling.

e. Host nation or international form(s) are required.

f. The Contractor shall provide returned signed copies of shipping papers as required by the host nation and/or any other applicable national or international environmental laws and regulations.

g. Any transportation and host nation manifesting /documentation requirements established by the International Maritime Dangerous Goods (IMDG) code, the May 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and their Disposal (if applicable), and European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) must also be provided to the COR upon removal.

h. The designated installation U.S. Government representative has the authority to decline the signing of any shipping papers for waste loads, which are not in conformance with transportation, safety or environmental regulations.

i. Trans Boundary Shipping Documents:

1. The Contractor shall prepare the appropriate shipping documents and 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 KO.

2. Once the Contractor has received approved notifications from the competent authority, the Contractor shall also provide the KO photocopies of the completed notification.

After waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated Basel Trans Boundary Movement Document

(Basel Convention, Article 6, Paragraph 9) no later than 60 days following acceptance of the waste by the Transportation, Storage, Disposal or Recycling Facility (TSDRF).

3. Photocopies of all completed shipping documents shall be forwarded with the invoice 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 there is no break in Basel Approval exists to allow for the removal of waste.

4. Upon TO issuance the Contractor shall provide bi-weekly reports to the KO outlining subsequent notifications.

j. Waste Identification: The Contractor or sub-Contractor shall be required to provide and assist the Generator and / or COR to classify all hazardous waste and batteries according to their chemistry for the proper identification of waste in accordance with EU laws. The final decision on waste classification resides with the Generator; however the Contractor can challenge a waste description through the COR. The Contractor shall provide (lab analysis, SDS, etc.) when challenging a DoD waste identification.

k. Misidentified Items:

1. In case the U.S. Government/Contractor/Other related parties misidentifies a waste description on a TO, the Contractor has the responsibility to inform the COR and designated installation U.S. Government representative as soon as the Contractor becomes aware of the misidentification.

2. The Contractor shall notify the COR and designated Generator representative prior to removal or within three (3) workdays of the removal and prior to disposal.

3. The Contractor shall demonstrate through lab analysis and/other supporting documentation that the U.S. Government/Contractor/Other related parties has misidentified a waste. The waste shall not be treated or disposed of until the U.S.

Government/Contractor/Other related parties has made a determination on the matter.

Once a determination has been made, the Contractor shall be paid the disposal price in accordance with the contract price of the actual waste removed.

1.13 NOTIFICATIONS

a. Except as otherwise specified herein and if required, the Contractor shall notify the COR and the designated installation U.S. Government representative for each location, at least 15 working days BEFORE attempting site visits, analysis or pickups.

b. The Contractor shall provide a list of packing and disposal requirements of the disposal facilities to be utilized. Changes or modifications to those requirements shall be immediately forwarded to the COR and the designated installation U.S. Government representative.

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 the Contractor fails to meet the above applicable notification time frames and/or a different driver arrives at the pickup location(s), other than the one previously identified under this notification requirement or whose name does not appear on the approved multiple drivers list.

NOTE: U.S. military base regulations will override all contract language for entry and exit to the base, including inspection of trucks and drivers.

d. Waste Report:

1. The Contractor shall provide the Environmental Office, COR and the KO a report that summarizes hazardous waste/material movements from the point of generation to the final TSDRF. The Monthly Waste 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 latest by the 10th day of the following month.

2. The Contractor shall provide an annual report, in the host nation language and English, summarizing hazardous/special waste movements from point of generation to disposal facility. The output 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.

3. Manifest Tracking Log: The Contractor shall complete DLA DISPOSITION SERVICES CONTRACTING Form DL2505, Manifest Tracking Log, annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up and the actual quantity disposal/recycled. 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.

1.1.4 TRAILER SECURITY, PADLOCKS

a. The Contractor will be responsible for locking of all vehicles after loading of waste on this contract. The driver shall use his own padlock or other securing method and the Government will provide seals for each container. However, inspection at all base inspection points shall require the removal of the lock, as required.

b. The COR or other U.S. Government representatives have the right to request any identification and/or occupational endorsements from the driver 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 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 the Contractor has a trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

1.1.5 HOURS OF OPERATION

a. The specific date and time removal services, shall be established by the COR and the

Contractor via email pickup request. The COR shall forward the pickup request information to the generating activity/representative. The COR shall meet the Contractor at the base entry point at time agreed upon by the Contractor, COR and designated installation U.S. Government representative. This date/time shall be agreed upon at least 15 workdays prior to the date.

1.1.6 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, or any other outside source, directly by the Contractor, employee of the Contractor, or any Sub-Contractor employees.

1.1.7 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

a. The DLA Disposition Services implemented EMS in accordance with ISO 14001:2015, 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

1. 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.

2. 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.

1.2 REMOVAL

DD Form 1155, TO Form 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 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 Generator’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste shall be paid without the certified form.

1.2.1 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for cleanup and proper disposal of any and 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 U.S. Government and at no cost to the U.S. Government to ensure compliance with all applicable laws and regulations.

b. 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 KO and the COR/COTR, U.S. Government representative and Installation Environmental Office (IEO) of any spills or releases resulting from the performance of this contract. Contractor shall provide a written report to the KO, 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 the COR.

e. At a minimum, the immediate notification to the KO, 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; Persons contacted and present at the time of the spill.

f. At a minimum, the written report to the KO, COR, COTR, and Environmental Office 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.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

a. Commingling or consolidation of hazardous waste: 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 DD1155 prior to the commingling or consolidation.

b. The Contractor shall ensure that used oil, hazardous waste, or oil product contaminated with any hazardous waste 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 hazardous property that also 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, European Waste Code and hazard class.

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

d. 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.

1.2.3 STATEMENT ON CONTAINERS

a. The Contractor shall provide, supply, place and remove hazardous waste containers, when required under this contract, for the collection and/or transportation of waste and they shall be 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: The words container and drum are used interchangeably throughout the contract.

CLINs N67000 to N68200 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 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 hazardous waste shall be labeled in English, with the following words ‘hazardous waste’, any hazard warnings; the internationally recognized name of the substance; the European Waste Code, the 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 identification (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 w/ 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 hazardous waste label.

NOTE: CLIN N6660 are for the supply of labels when purchased by the Government. Labels purchased under this CLIN are solely for discretionary use by 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 locations identified as “Contractor provided containers”. The Contractor shall insure that sufficient quantity and type of containers are maintained for proper execution of the contract.

e. The Contractor is responsible for preparing all containers, including Intermediate Bulk Containers (IBC's) 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 containers and signs deliverable under this contract shall be marked or tagged with the following information:

1. contract number

2. TO number

3. name and address of prime Contractor

4. CLIN number and description of item

NOTE: All areas managed under this contract by the Contractor shall be marked with the appropriate signage for the hazards contained within in accordance with all DOD, European Union, and host nations’ laws; the signs shall be in English and the host nation language.

1.2.4 U.S. GOVERNMENT FURNISHED EQUIPMENT AND PERSONNEL

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 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-owned loading equipment, and (2) usage of U.S. Government-owned 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, 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 contract manager, the alternate contract manager and the on-site technical representative (OST) to the COR. This list shall be updated within five (5) calendar days of a change in personnel.

2. The Contract manager and his alternate shall have full authority to act for the Contractor on all contract matters relating to the operation 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. Contract personnel shall present a neat appearance and be easily recognized as Contractor’s employees. Contractor and Sub-Contractor personnel shall have the ability to communicate (i.e. cellular telephones) with the CORs and the Contract Manager when they are on-site or transporting hazardous waste.

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

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

The Contractor shall NOT treat waste 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.

1.2.6 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. Where it is provided that the U.S. Government shall load, the U.S. Government shall 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 U.S.

Government. 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 w/host nation laws and regulations.

c. Contractor is responsible for removing containers from waste lockers (with secondary containment), which may involve driving on uneven surfaces, gravel, dirt, grass, etc.

d. The Contractor shall transport waste in accordance with host nation and international 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, IMDG Code, and Rail (RID) and other applicable regulations shall be utilized for all shipments.

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

1.2.7 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. (Note: if the installation Environmental Management Office (EMO) has previously weighed the waste and the Contractor agrees to the weight from the EMO, weighing of the waste in the presence of the COR is not required). The Contractor shall use Contractor-provided calibrated portable scales. The annual calibration certificate shall be available for COR inspection when portable scales are used.

Should Contractor scales not be available and the container to be weighed is too large for a portable scale, then calibrated public scales can be used at no additional cost to the U.S.

Government. In this case, the Contractor shall provide weight tickets to the COR within two (2) workdays of removal.

b. The weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging, shall not be removed by the Contractor prior to disposal, and is required by regulations, such as ADR, IMDG, EU, international or Portuguese law.

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.

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

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

b. The Contractor shall ensure that the copy of the manifest/shipping paper showing Contract Number and completion of transportation is returned to the COR no later than 30 days following task of the waste to the disposal facility.

c. Any transportation and host nation manifesting/documentation requirements established by the IMDG Code, the May 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and their Disposal, shall also be provided to the COR upon removal.

d. At the time of removal from the installation, the Contractor shall include the contract number, TO, DTID number and line item numbers on the shipping documentation. A copy of all signed, dated and completed manifests shall be submitted with the Contractor’s invoices. No invoice shall be paid without this copy. In addition to the normal distribution of manifest copies, a copy of all signed, dated and completed manifests shall be forwarded to the COR within 30 calendar days of receipt of waste at the disposal facility. The COR shall distribute the copy to the appropriate Generator(s).

e. The DLA DISPOSITION SERVICES COR’s address is as follows:

DLA DISPOSTION SERVICES, Camp Arifjan, Kuwait ATTN: Roosevelt Terrell Roosevelt.Terrell@dla.mil or Calvin Taylor, Calvin.Taylor@dla.mil

2.0 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN

a. When exporting waste outside of Afghanistan for disposal, the contractor is required to obtain Basel notification approvals as required by the Basel Convention and the laws and regulations of Afghanistan and import and transit countries prior to the removal of the waste under a TO. This includes but may not be limited to obtaining export consents, transit consents, import consents, customs clearance, and any other requirements that the contractor is required to follow at the time of removal. The Contractor shall prepare appropriate notifications required to move and dispose of all waste listed in the schedule; however, the Contractor shall only initiate a Basel request upon receipt of a TO requiring Basel notification(s), and thereafter maintain any approved BASEL notifications for the lifecycle of the Basel (i.e., typically 12-months each). The contractor shall prepare all notification documents and obtain all the signatures required to mailto:Roosevelt.Terrell@dla.mil mailto:Calvin.Taylor@dla.mil receive the appropriate consents and customs clearance required for the removal. The contractor shall work with the Afghanistan National Environmental Protection Agency (NEPA) as required for the removal and export of the waste. The contractor is required to act as the “IMPORTER” of the waste. The contractor will act as the “EXPORTER” signing the appropriate block on the form. Photocopies of the application for notifications shall be provided to the KO and COR.

Once these notifications are approved by National Competent Authorities, copies of approved notifications shall be provided to the KO and COR. Once the waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated Basel Trans-Boundary Movement Document (Basel Convention, Article 6, Paragraph 9; ref Attach 13) no later than 60 days following the acceptance of the waste by the TSDR. Photocopies of all completed shipping documents shall be forwarded with the invoice to include the Basel showing acceptance of the waste at TSDR. The documents must reference the applicable contract number and TO number.

b. The contractor will ensure that the waste streams and the geographic distances involved in the transboundary movement of waste are reduced to the minimum necessary to comply with the treatment/disposal technologies specified in this contract and with any applicable international agreements.

c. The contractor may request assistance from the COR in obtaining signatures or approvals from different Governmental entities involved in the Basel or the removal process, e.g., Embassies and Ministries. Assistance may also be offered to the contractor to assist them with obtaining signatures or approvals.

NOTE: All costs associated with the Basel Notification process shall be priced within the schedule under CLIN N7000 to compensate for costs associated with the Basel request and approval process.

d. Recycling of waste such as Used Oil/Oily Rags/Used Oil/fuel Filters/Used Coolant/Antifreeze can be disposed in country if a TSDRF is available and is approved by DLA (See section 5.0).

2.1 STORAGE RESTRICTIONS

a. The Contractor shall properly store hazardous wastes and materials in a manner that effectively mitigates hazards to human health and the environment. Incompatible chemicals shall be segregated, all containers shall be non-leaking, in good condition and labeled. Storage areas shall be properly labeled and have a containment system to prevent spills or leaks from reaching the environment.

b. Storage of waste cannot exceed the TSDRFs permit restrictions, but in all cases shall not exceed one year.

2.1.1 CERTIFICATES OF DISPOSAL, DESTRUCTION AND RECYCLING

a. Certificates of Disposal/Destruction: The Contractor shall obtain and provide necessary documentation to prove that final disposal has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the manifest or shipping paper with a copy to the DLA DISPOSITION SERVICES/COR. Certificates of Disposal/Destruction (CDs) require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after disposal occurs.

b. The Contractor shall properly recycle hazardous wastes and materials in a manner that effectively mitigates hazards to human health and the environment. Recycling, reuse, and reclamation are preferred over treatment and disposal and shall be performed whenever environmentally sound, economically feasible or required by U.S. in addition, international law.

c. Dilution in the recycling process, to include blending down of hazardous waste contaminants, is prohibited. To the maximum extent possible, waste disposal should be minimized through recycling, reuse, and energy recovery. The U.S. Government may withdraw any items on TO for use, reuse, or recycling.

d. Energy recovery facilities shall meet applicable air quality standards. Used POL and fuels shall have a PCB content of <50 ppm PCB to be recycled using energy recovery, in accordance with EU law.

e. If a waste designated for recycling does not meet required parameters, the Contractor shall notify the KO, in writing, of the rationale for waste rejection. If the U.S. Government concurs; the applicable disposal CLIN for the waste shall be assigned.

f. To the maximum extent possible, waste disposal must be minimized through recycling, reuse, and energy recovery. The U.S. Government may withdraw any items on TO for use, reuse, or recycling.

2.1.2 DETAILED ANALYSIS

a. If the Contractor shall perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the COR. The Contractor shall be responsible for the proper disposal of all samples.

b. Only laboratories having proper laboratory certification, accreditation and approval for use from the Contracting Office shall be used to perform waste analysis under this contract. The Contractor shall provide documentation that each laboratory proposed to be used under this contract is certified to perform waste analysis in accordance with international methods.

2.2 DEMILITARIZATION

a. Demilitarization via Service Contract:

1. Property requiring demilitarization by the U.S. Government shall be so listed on the DD Form 1155 Order for Supplies or Services by the DLA Disposition Services Site.

When property requiring DEMIL is ordered the Contractor is required to dispose of this property and provide all documentation, in addition to the documentation requirements for invoicing, per DoD commodity specific requirements as stated below and within 30 days of appropriate disposal. Specified documentation shall be returned to the Generator, and the DLA Disposition Services COR, unless otherwise noted.

2. When CLIN N26500 is ordered for the demilitarization of Chemical Defense Equipment Kit (CDE) the Contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed certified and verified hazardous waste manifest receipt copy and a certificate of disposal.

3. When CLIN N14200 is ordered for the demilitarization of DS-2 Decontaminating Agent, the Contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed certified and verified hazardous waste manifest receipt copy and a certificate of disposal.

4. When CLIN N18000 is ordered for the demilitarizataion of Whetherlite Charcoal Filters the Contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed certified and verified hazardous waste manifest receipt copy and a certificate of disposal.

5. When CLIN N19200 is ordered for Chemical Agent Resistant Coating (CARC) Paint the Contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed certified and verified hazardous waste manifest receipt copy and a certificate of disposal.

3.0 SPECIAL SERVICES

CLINs N6060 and N6065 (Shipment of Contractor-furnished sea land containers)

3.1 TRANSPORTATION CHARGE

a. The inclusive transportation cost will be chargeable on a (one) “EACH” basis for all methods of shipment, whether by road, rail or ship to the final disposal facilities under CLINs N6060 and/or N6065.

b. Transportation will be ordered and chargeable via 40-foot container volume size under CLIN N6060, regardless of the size of container ultimately selected and utilized by the Contractor. For example, shipment of one 40-foot container and two 20-foot containers will be reimbursed at the rate for two “EACH” 40-foot volume transportation CLIN N6060.

c. The CLIN for utilization of 20-foot container will be ordered under N6065, will only be ordered in situations where two 20-foot containers cannot be paired to make the equivalent volume of a 40-foot container. Thus, if a shipment is comprised of seven 20-foot containers, then the chargeable transportation fee will consist of three “EACH” 40-foot container volume CLINs (N6060) and one “EACH” 20-foot container volume CLIN (N6065).

d. All transportation costs, including those related to performing export/customs clearances and approvals must be included in each Transportation CLIN unit price.

e. All transportation charges are covered under Transportation CLINs, specifically for this purpose; as a result, unit pricing for waste disposal CLINs or Basel Notifications should not include any charges related to transportation. All other costs for performing should be included in the cost of the disposal or special services CLINs.

f. Any export route through Iran is not acceptable.

3.2 IN-TRANSIT VISIBILITY DEVICES CLINs N6089T and N6089V

g. The Government may require installation of in-transit visibility (ITV) devices on sea-land containers removed from Bagram AB and Kandahar Airfield, Afghanistan for export to final disposal facilities. ITV devices must allow for multiple online access for tracking of sea-land containers by Contractor and the U.S. Government. Specific information for each CLIN, when ordered, is listed below.

h. When CLIN N6089T is ordered the Contractor shall provide one ITV device per sea-land container to be placed within the interior of the sea-land container to enable tracking of container from Bagram AB and Kandahar Airfield, Afghanistan, to the final disposal facility. ITV device to provide a feedback rate of 1 ‘ping’ every 12 hours, and be sufficiently powered to provide tracking capability for the entire journey to the final disposal facility.

i. When CLIN N6089V is ordered the Contractor shall provide one ITV device per sea-land container to be placed on the exterior of the sea-land container to enable tracking of container from Bagram AB and Kandahar Airfield, Afghanistan, to the port of Karachi, Pakistan. ITV device to provide a feedback rate of 1 ‘ping’ every hour, and be sufficiently powered to provide tracking capability for the entire journey to the port of Karachi.

4.0 ACCEPTABLE PERFORMANCE LEVEL (APL)

a. Acceptable Performance Level (APL) is the minimum performance of each requirement before the Government considers performance unsatisfactory. Specification of an acceptable performance level does not allow the Contractor to knowingly provide defective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. As long as the performance percentage does not fall below the specified acceptable performance level, the Government will not deduct for poor performance. However, the Contractor shall be required to re-perform or correct the defective service or product at no additional cost to the Government.

b. The surveillance method shall be from Collection Summary Report(s) (CSR) furnished by the COR, customer feedback, and tracking of final disposal/recycling submittals. All negative and positive actions/performance shall be the basis for monetary deductions and/or past performance annotations.

c. Performance incentives for the Contractor shall include, but are not necessarily limited to, favorable impact on option exercise decisions, future awards of the same requirement, and future awards of similar requirements by DLADS as well as other Government and non-Government entities that may review performance of this contract.

4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE

DELIVERABLE STANDARD TIME

FRAME

Including, but not restricted to Section

ACCEPTABLE

PERFORMANCE

LEVEL (APL)

METHODS OF SURVEILLANCE

Timely TO Performance

Timely performance of TO.

As stated in contract for service specified.

7.0 and other areas throughout the PWS.

No more than 3 occurrences during a 12-month period.

100% Review of Collection Summary Reports (CSRs) and Contractor Work Surveillance Checklist.

Compliant Pre-Removal

The Contractor completes all requirements, documents and notifications.

As stated in contract.

1.1 and other areas throughout the PWS.

No more than 5 occurrences were submissions were returned for missing or incorrect data and no more than 3 occurrences for late submissions during a 12-month period.

100% Review of Collection Summary Reports (CSRs).

Compliant Removal

The Contractor arrived on time and with the required equipment in good working order to safely complete removal.

As stated in contract.

1.2. and other areas…