Attachment 00 - Sasebo PWS UPDATED 20190917.pdf

Notes to Offerors

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

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

3. Disposal costs will be calculated with transportation fees.

4. This request for proposal (RFP) consists of two thirty (30) month Price Schedules, Attachment 01.

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

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

C. In the event of a discrepancy in the calculation of the extended amount, the U.S.

Government will multiply the Offerors unit price shown by the estimated quantity to ascertain the extended amount proposed.

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

5. Email address for submissions of offers is: hazardouscontractswest@dla.mil mailto:hazardouscontractswest@dla.mil

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

0.1 INDEMNIFICATION

0.2 DEFENSE BASE ACT (DBA) INSURANCE

0.3 RESERVED

0.4 USE OF THE WORD ‘CLIN’

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 BASE CLIN CATEGORIES

1.1.1.1 CLIN ASSIGNMENTS AND CHANGES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 TRANSPORTATION

1.1.6 STATEMENT ON CONTAINERS

1.1.7 TRAILER SECURITY, PADLOCKS

1.1.8 RESERVED

1.1.9 HOURS OF OPERATION

1.1.10 PUBLIC AFFAIRS COORDINATION

1.1.11 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.12 DBIDS INSTALLATION ACCESS

1.2 REMOVAL

1.2.1 CONTRACTOR PACKAGING, MARKING AND LABELING

1.2.2 U.S. GOVERNMENT INSPECTIONS

1.2.3 SPILL RESPONSIBILITY

1.2.4 SEGREGATION OF HAZARDOUS WASTE

1.2.5 TREATMENT OF HAZARDOUS WASTE ON U.S. GOVERNMENT

PREMISES

1.2.6 RESERVED

1.2.7 WEIGHING OF ITEMS

1.2.7.1 TASK ORDER ADJUSTMENTS

1.2.8 LOADING

1.2.9 U.S. GOVERNMENT EQUIPMENT & PERSONNEL

1.2.10 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.10.1 BULK WASTE

1.2.10.2 CONTAINERIZED WASTE

1.2.10.3 AFFF CONCENTRATES, RINSATES, AND SOLIDS

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 REGULATED, NON-REGULATED ITEMS

2.1.1 ITEMS REGULATED IAW JEGS/GOJ

2.1.2 ITEMS NOT REGULATED BY JEGS/GOJ

2.1.3 CONTRACTOR ELECTED DETAILED ANALYSIS AND SAMPLING

2.1.4 RESERVED

2.1.5 RESERVED

2.2 ASBESTOS MANAGEMENT

2.2.1 DISPERSAL (FRIABLE) ASBESTOS CONTAINING MATERIALS

(ACM) BUILDING MAINTENANCE MATERIALS (SHIW)

2.2.2 NON-DISPERSAL (NON-FRIABLE) ACM (IW)

2.2.3 NON-DISPERSAL BUILDING MAINTENANCE MATERIALS ACM

(IW)

2.3 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.4 RECYCLING

2.4.1 RECYCLE/RECOVERY

2.4.2 COMMODITY SPECIFIC RECYCLING REQUIREMENTS

2.4.2.1 FACILITIES USED FOR THE COMBUSTION OF USED OIL

2.4.3 WASTE NOT MEETING RECYCLING PARAMETERS

2.5 DEMILITARIZATION

2.5.1 MILITARY ITEMS

3.0 SPECIAL SERVICES

3.1 EXPEDITED PERFORMANCE

3.2 RESERVED

3.3 TRANSPORTATION CHARGES FOR RETURNED SHIPMENTS

3.4 CLEANING OF TANKS

3.5 BULK LIQUID PUMPING

3.6 PROVIDE CERTIFICATE OF DISPOSAL/DESTRUCTION (CD) OR

RECYCLING

4.0 ACCEPTABLE PERFORMANCE LEVELS

4.1 ACCEPTABLE PERFORMANCE LEVELS

5.0 QUALIFIED FACILITIES AND TRANSPORTER LISTS

5.1 POST AWARD USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE

TECHNICAL REPRESENTATIVE

6.1 MANPOWER REPORTING REQUIREMENTS

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 RESERVED

8.2 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2.1 ACCEPTANCE AND INVOICING

8.3 RESERVED

8.4 REMEDIES FOR NON-COMPLIANCE

9.0 CONTRACT MINIMUM/MAXIMUM

10. CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

ATTACHMENTS:

Attachment 00 Performance Work Statement (PWS) Attachment 01 Schedule of Services (Price Schedule) Attachment 02 Definitions Attachment 03 Acronyms Attachment 04 Primary Pick-up Locations Attachment 05 Acceptable Performance Levels Table (APL) Attachment 06 Quality Assurance and Surveillance Plan (QASP) Attachment 07 Qualified Facility List Application DLA Form 2507-1 Attachment 08 Qualified Facility List Update DLA Form 2507-2 Attachment 09 Transporter Application DLA Form 2503 Attachment 10 Manifest Tracking Log DLA Form 2505 Attachment 11 DD Form 1155, Order for Supplies or Services Attachment 12 Example of a Certificate of Recycling Attachment 13 Example of a Certificate of Destruction Attachment 14 USFJ LABEL NO 5 Asbestos Bag, English/Japanese Attachment 15 Loading assistance and Government Scales Attachment 16 Facility Profile Sheet Attachment 17 Japan Profile-Based CLIN Catalog Attachment 18 Example of a Certificate of Demilitarization Attachment 19 Past Performance Information (PPI) Questionnaire - Offeror

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the “Sasebo Hazardous Waste (HW) Disposal Contract” and requires the removal, transportation, and disposal of industrial waste as identified in the U.S.

Japan Environmental Governing Standards (JEGS) and wastes regulated by Government of Japan (GOJ) as Industrial Waste (IW), Specially Controlled Industrial Waste (SCIW), Specially Handled Industrial Waste (SHIW), and listed within Attachment 01, Price schedule. The disposition of all waste indicated in the PWS are to be performed in accordance with the respective Japanese national, prefecture and local environmental laws and regulations, as well as any applicable international agreements governing the transportation of dangerous goods and the terms and conditions of this contract. The JEGS may be located at:

https://www.usfj.mil/Portals/80/2018%20JEGS.PDF?ver=2018-04-26-195301-487

b. The Contractor agrees to provide all services necessary for the final recycling / treatment / disposal of the materials listed in the Price schedule of this solicitation. This includes ensuring all vehicles transporting materials subject to this contract are properly placarded in accordance with applicable Japanese transportation laws. These services shall include all necessary personnel, including applicable joint venture partners. Services shall also include all labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract to include inspecting, marking and labeling (as applicable), repackaging, loading, unloading, removal, of hazardous waste and hazardous materials subject to this contract from U.S. Department of Defense (DOD) installations throughout Sasebo, Japan.

c. Definitions of terms used in this PWS are provided in Attachment 02. A list of Acronyms used in the PWS are provided in Attachment 03.

d. All materials/wastes subject to this contract must be identified and transported in accordance with Japanese transportation and safety standards and/or those indicated in the Globally Harmonized System (GHS). All Contract Line Item Numbers (CLINs) regardless of condition are being discarded by the Government and are considered to be waste subject to recycling or disposal.

e. Contractor-designated site representatives and contract managers must be able to speak, read, and write English at a level to effectively participate in conversations on practical and professional levels with DOD civilian and uniformed services personnel. All documentation written pursuant to this contract shall be in the English language.

f. Evaluation of contract performance will be in accordance with Contractor’s Acceptable Performance Levels (APL) presented in Section 4, Table of APLs can be found in Attachment 05 and Quality Assurance and Surveillance Plan (QASP) in Attachment 06. The purpose of the QASP is to provide guidance on administering subject contract such that the best possible quality in performance can be assured through appropriate surveillance, and addressing of any performance failures as appropriate. The Acceptable Performance Level (APL) Matrix Table https://www.usfj.mil/Portals/80/2018%20JEGS.PDF?ver=2018-04-26-195301-487 states the surveillance methods and reductions for failures. Additional explanation and detail is provided as necessary.

0.1 INDEMNIFICATION

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

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

The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the work performed pursuant to this contract.

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

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

0.2 DEFENSE BASE ACT (DBA) INSURANCE

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

b. DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of

Labor (DOL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waivers for foreign nationals, if acceptable workers compensation benefits are provided by applicable local law. There is no current DBA waiver for the Japan, therefore, U.S citizens and foreign nationals will require DBA insurance coverage.

c. CLIN P7100J, listed in the Schedule of Services, Attachment 01, will be placed on a task order once in 12-month increments for DBA insurance coverage for foreign nationals. CLIN P7100J will reimburse the Contractor for actual costs for obtaining/maintaining the DBA insurance when applicable. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the U.S. A listing of firms who do provide such coverage can be accessed at:

https://www.dol.gov/owcp/dlhwc/carrier.htm.

Additional information regarding DBA can be referenced at http://www.dol.gov.

Offerors who do not include a unit price for CLIN P7100J may have their proposal considered to be non-responsive and ineligible for award.

0.3 RESERVED

0.4 USE OF THE WORD ‘CLIN’

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

1.0 REMOVAL PHASES

a. The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Representative must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and representatives involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide Material Handling Equipment (MHE) and Personal Protective Equipment (PPE), unless otherwise stated elsewhere in this document, and must be appropriate to ensure safe handling of the hazardous waste. While operating on a DOD facility, Contractor-operated forklifts must meet specifications listed in the applicable facility permit. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by USG personnel while on Federal property.

1.1 PRE-REMOVAL

a. The Contractor is encouraged to perform a pre-removal inspection of all containers at least five (5) days prior to the day of the removal. Any discrepancies associated with the https://www.dol.gov/owcp/dlhwc/carrier.htm http://www.dol.gov/ marking, and/or labeling of containers, as described in Section 1.2.1, shall be corrected during the pre-removal inspection, if not corrected discrepancies shall be reported to the COR for resolution.

b. The Generator shall provide a current Hazardous Waste Profile Sheet (HWPS) for each item offered for disposal; a laboratory analysis, and/or Safety Data Sheet (SDS) will be on file to validate the HWPS. User Knowledge HWPS shall be accompanied by supporting documentation to validate the hazardous waste identification. The HWPS shall be updated annually. HWPS older than a year must be re-certified by the Generator annually. A blanket or generic HWPS shall not be used for waste disposal. Safety Data Sheets (SDS) for expired material will be acceptable as long as it is the manufacturer’s material being turn-in for disposal; no generic SDS’s will be used.

1.1.1 BASE CLIN CATEGORIES

a. The waste description, generation process, physical state, and Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN suffix.

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

(1) Batteries (BA) – Used for all battery types, some or all of which may be turned in as Industrial Waste (IW) where no waste codes are assigned, or as Specially Controlled Industrial Waste (SCIW), where applicable waste codes are assigned.

(2) Corrosives (CS) – Used for all corrosive wastes meeting the JGEG/GOJ definition of corrosive and carrying the waste code D002, J002, or unless the waste is concurrently assigned a D001, J001 (ignitable) or D003 (reactive) waste code. Some corrosive acid oxidizers may carry the D001, J001 waste code and be assigned a CS CLIN.

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

(4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001, J001 waste code, unless it is a Lab Pack or Loose Pack containing other than paint-related materials, or unless the waste is concurrently assigned a D003 (reactive) waste code. FL CLINs may also be assigned to waste streams not carrying the D001, J001 waste code, but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals.

(5) Lab Packs/Loose Packs (LP) –

(6) Non-Regulated (NR) –

(7) PCB-Related (PC) – Containing or Contaminated by a Source >50 ppm (Not used in Standard Disposal Contracts in Japan)

(8) Recycle/Recovery (RE) –

(9) GOJ Regulated (RG) -

(9) Reactive (RX) –

(10) Toxic (TX) –

b. The Category and Base CLIN selection for each waste stream is determined by applying the following CLIN Selection Criteria using applicable EPA and JEGS waste codes:

1. PCB-Related, Containing or Contaminated by a Source >50 ppm (Not used in Standard Disposal Contracts in Japan)

2. Reactive (D003)

3. Ignitable/Oxidizer (D001, J001) – Including flammable/combustible waste, Subpart CC waste, but not chromic acid carrying a D001, J001 (Oxidizer), in which a corrosive CLIN is applied.

4. Corrosive (D002, J002)

5. Toxic (D004-D043, J004-J030)

6. Acutely Hazardous (P-Listed, F027)

7. Leachate (F039)

8. Electroplating-Related (F006-F012, F019)

9. Spent Solvent (F001-F005)

10. Other F-Listed

11. U-Listed

12. K-Listed

13. JEGS/GOJ-Regulated Waste (SCIW or SHIW)

14. JEGS/GOJ Non-Regulated Waste (IW)

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

1. The Contractor must notify the KO in writing at least five (5) business days before pickup, of the rationale and proof for waste rejection. This must include written input from at least two recycling facilities listed on the QFL, at least one of which is not owned by the Contractor.

2. The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to the applicable disposal CLIN is solely that of the U.S. Government (KO/COR). If the USG agrees with the CLIN change, the applicable disposal CLIN will be assigned.

1.1.1.1 CLIN ASSIGNMENT AND CHANGES

a. CLIN discrepancies on a Task Order noted during the pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and the Generator.

If the COR and the Generator concur with the CLIN change request, a Task Order Modification will be submitted to the Contract Specialist.

b. If the Contractor asserts that an inappropriate disposal CLIN has been assigned, and a new CLIN needs to be assigned, the burden of proof lies with the Contractor. The waste in question shall not be treated or disposed of until the USG has made a final CLIN determination.

The Contractor must provide documentation electronically to the KO via the COR which supports the assertion through independently acquired laboratory analysis, Treatment Storage Disposal Facilities TSRDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSRDF invoice at the Contractor’s expense. Written documentation solely requesting a CLIN addition without supporting documents will not be accepted. If the waste has been shipped and treated, no CLIN changes are applicable. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination.

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, Customs notifications (if applicable), other notifications, waste profiles, and/or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation. This includes signing waste profiles required by Treatment Storage, Recycling, Disposal Facilities (TSRDF) on behalf of the USG.

All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

b. After contract award, the Contractor may submit proposals for additional TSRDFs in accordance with Section 5. All disposal, storage, transportation, chemical analysis and additional authorization costs required for the delivery of wastes/materials to facilities added to this contract, after award, will be prepared and performed by the Contractor at no additional charge to the USG. The current lists of qualified facilities and transporters list may be accessed at:

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

c. The Contractor, their employees, agents or any representative may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the USG or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, and Environmental Management System (EMS).

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

1.1.2.1 REPORTING REQUIREMENTS

a. The Contactor shall provide an annual report summarizing hazardous waste movements from point of generation to disposal facility. The summary shall be utilized as the tracking log. This report shall be in English and include the installation pickup name, international waste description according to the United Nation standards, and shall include the following method of disposal (i.e. incineration, landfill, energy recovery, or recycling). The output shall be provided in Excel format no later than 15 January of each year, or the next business day should the 15th fall on a weekend, through the last TO issued under the contract and shall be provided to the KO and the competent authorities upon request. The Manifest Tracking Log, DLA Form 2505, provided in Attachment 10, may be utilized for format reference, however, it is not required the Contractor use this exact form. The tracking log should be kept current so that it may be supplied to the Generator upon request by COR/KO.

1. Company Name and address

2. Contract Number

3. Invoice amount

4. Task Order Number http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

5. Task Order Line item number

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

7. HIN (Hazardous Item Number)

8. Pickup Manifest Number

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

10. Quantity picked up

11. Applicable waste codes

12. Final treatment/and or disposal method description including recycling.

Handling or treatment codes if applicable for Japan.

13. Quantity disposed must match quantity picked up

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

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

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”.

Manifests will be provided and prepared by the Contractor and will be signed by the Generator in accordance with Japanese Laws. Disposition Services COR(s) may co-sign the manifest(s) when applicable and agreed upon if a signed agreement is in place. The Contractor shall provide to the DLA Disposition Services Contract Officer Representative (COR) coordinating the waste disposal a copy of the completed shipping papers for review at least five (5) business days prior to removal.

b. The Contractor shall prepare and provide, as required, Hazardous Waste Profile Sheets (HWPS) for acceptance of waste into a Qualified Facility and any other shipping documents to ensure appropriate tracking of the waste. The Generator/COR shall provide HWPS to the Contractor as requested to prepare documentation for acceptance of their waste into a Qualified Facility.

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

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

e. The Contractor shall record the waste codes, quantities removed, unit of issue, manifest numbers, page and line item code and date removed on DD Form 1155 or acceptable Enterprise Business System task order pickup report. A blank DD Form 1155 is provided in Attachment 11.

The Contractor shall obtain the COR’s signature and date on the last page of the task order to verify the wastes removed and shall provide the COR and the Generator with a copy of the completed task order pickup report.

1.1.4 NOTIFICATIONS

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

1. The Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number or Japanese equivalent and its expiration date, to the COR at least four (4) working days for local pass requirements prior to removal.

2. If a driver, other than the one specified four (4) working days in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated USG representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

1.1.5 TRANSPORTATION

a. Contractor-provided transportation will comply with all Japan laws and regulations for the transportation of hazardous materials and designated waste under this contract and U.S.

Military Base Safety requirements, DOD Safety and Security policies while on DOD installations. Failure to meet these requirements may result in the USG halting the pick-up. A Transporter Application, DLA Form 2503, Attachment 09 shall be submitted for each additional transporter proposed after contract award for use on this contract. The Transporter Application must be submitted for review/approval; no substitute forms will be accepted.

b. A transportation CLIN may be applicable per task order in case that a load needs to be returned to the Generator or when the removal requires more than one transporter, but not for the convenience of the Contractor.

1.1.6 STATEMENT ON CONTAINERS

a. The Generator will offer all regulated waste in UN specification containers. All non-regulated waste containers must be compatible with their lading, closed in a manner so that the contents are fully contained when placed in any orientation, safe to handle and shipping, free of severe rusting, or oxidation and not leaking. Containers made from a natural fiber material will be free of structural defects that have compromised their integrity. The Contractor is responsible for all repackaging costs associated with special packaging required for segregation purposes and container acceptance criteria at the TSRDF. The Contractor is responsible to ensure that all containers and packaging and crating received from the Generator are adequate for all modes of transportation required to transport the material to a TSRDF in accordance with applicable Japanese regulations to assure safe arrival at destination without damage or loss.

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

1.1.7 TRAILER SECURITY, PADLOCKS

a. All trailers and tankers used by the Contractor, capable of being padlocked, must be padlocked upon arrival and prior to departure at the pickup location. Failure to meet this requirement could result in the U.S. Government’s halting of the pickup. Flat bed and open top trailers are exempt from this requirement. The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative. Japanese transporters with an internal locking mechanism instead of padlocks are acceptable. Only waste(s) managed under this contract, or another DOD/DLA contract, may be transported onto other DOD installations.

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

1.1.8 RESERVED

1.1.9 HOURS OF OPERATION

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

January 1 New Year's Day

January 14 (3rd Monday in January) Birthday of Martin Luther King, Jr.

February 18 (3rd Monday in February) Washington's Birthday

May 27 (Last Monday in May) Memorial Day

July 4* Independence Day

September 2 (1st Monday in September) Labor Day

October 14 (2nd Monday in October) Columbus Day

November 11* Veterans Day

November 28 (4th Thursday in November) Thanksgiving Day

December 25* Christmas Day

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

b. Services will not be scheduled to be performed on a regular Japanese holiday or one designated by the Government of Japan:

January 8 (second Monday of January) Coming of Age Day

February 12 * Foundation Day

March 21 Vernal Equinox Day

April 30 * Shōwa Day

May 3 Constitution Memorial Day

May 4 Greenery Day

May 5 Children's Day

July 16 (third Monday in July) Marine Day

August 11 Mountain Day

September 17 (third Monday of September) Respect for the Aged Day

September 24 * Autumnal Equinox Day

October 8 (second Monday of October) Health and Sports Day

November 3 Culture Day

November 23 Labor Thanksgiving Day

December 24 * The Emperor's Birthday https://en.wikipedia.org/wiki/New_Year%27s_Day https://en.wikipedia.org/wiki/Martin_Luther_King_Jr._Day https://en.wikipedia.org/wiki/Washington%27s_Birthday https://en.wikipedia.org/wiki/Memorial_Day https://en.wikipedia.org/wiki/Independence_Day_(United_States) https://en.wikipedia.org/wiki/Labor_Day https://en.wikipedia.org/wiki/Columbus_Day https://en.wikipedia.org/wiki/Veterans_Day https://en.wikipedia.org/wiki/Thanksgiving_(United_States) https://en.wikipedia.org/wiki/Christmas_Day https://en.wikipedia.org/wiki/Coming_of_Age_Day https://en.wikipedia.org/wiki/National_Foundation_Day https://en.wikipedia.org/wiki/Vernal_Equinox_Day https://en.wikipedia.org/wiki/Sh%C5%8Dwa_Day https://en.wikipedia.org/wiki/Constitution_Memorial_Day https://en.wikipedia.org/wiki/Greenery_Day https://en.wikipedia.org/wiki/Children%27s_Day_(Japan) https://en.wikipedia.org/wiki/Marine_Day https://en.wikipedia.org/wiki/Mountain_Day#Mountain_Day_in_Japan https://en.wikipedia.org/wiki/Respect_for_the_Aged_Day https://en.wikipedia.org/wiki/Autumnal_Equinox_Day https://en.wikipedia.org/wiki/Health_and_Sports_Day https://en.wikipedia.org/wiki/Culture_Day https://en.wikipedia.org/wiki/Labor_Thanksgiving_Day https://en.wikipedia.org/wiki/The_Emperor%27s_Birthday

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

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

1.1.10 PUBLIC AFFAIRS COORDINATION

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

1.1.11 ENVIRONMENTAL MANAGEMENT SYSTEM

a. DLA Disposition Services implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in agency Environmental Management System (EMS) Core Instruction.

b. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local KO's Representative (COR).

1.1.12 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

b. Navy and Marine Corps installations require that all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations.

DBIDS replaces the former Rapid Gate access system.

c. For DBIDS enrollment information, go to:

https://www.cnic.navy.mil/om/dbids.html.

1.2 REMOVAL

1.2.1 CONTRACTOR PACKAGING, MARKING AND LABELING

a. . When the Contractor chooses to overpack or salvage materials, they shall package, mark, and label the containers IAW the JEGS and/or applicable Japanese regulations. The Contractor shall furnish all required materials to perform any over packing. When repackaging is performed, the Contractor shall be responsible for disposal of the original container(s) in a manner compliant with all applicable regulations.

b. If the Contractor elects to overpack compatible items they must provide an all-inclusive packing list showing each item and its respective quantity. The Contractor shall not package regulated waste together with non-regulated waste. This list shall be placed outside the outermost container. A copy of the packing list will be provided to the Generator and the COR.

Contractor furnished overpack containers and materials will not be included in the total weight calculations for payment purposes.

c. The Contractor shall not package regulated waste together with non-regulated waste.

d. Prior to loading the transporters vehicle, the Contractor will mark and label all containers in such a manner that all Japanese laws, prefecture, and local regulations are met.

Packaging, proper shipping names, marking, labeling, etc., under the terms of this contract will be IAW Japanese laws, prefecture, and local regulations.

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

1.2.2 U.S. GOVERNMENT INSPECTION

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

https://www.cnic.navy.mil/om/dbids.html

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

c. The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government's right to conduct inspections at Government, Contractor, or Subcontractor facilities does not relieve the Contractor of this responsibility.

Neither USG failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the USG thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly IAW the contract.

d. The Contractor shall ensure that the inspection rights described herein are afforded the USG and/or its representatives by each subcontractor performing services under this contract.

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

1.2.3 SPILL RESPONSIBILITY

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

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

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

2. Exact date, time and location (physical address) of spill including a description of the area involved.

3. Persons contacted or present at the time of the spill.

4. Initial containment procedures initiated.

5. Personal injury involved.

6. Required assistance.

7. Description of clean-up procedures employed at the site.

8. Anticipated future clean up and disposal procedures.

9. Name of facility and location to dispose of spill residue.

10. Narrative summarizing any communications Contractor has with any local military or Japanese Officials to include organization name, individual name(s), and phone numbers. This report will include any on scene visits by Japanese Officials. Copy of this report shall be attached to the spill report. Summary will include any communications Contractor had with media/press or USG officials other than the KO.

c. Upon completion of the cleanup and disposal of the residue the Contractor shall submit a summary report of the incident to the COR and KO. The report shall include: cleanup and disposal procedures taken, outside assistance required (if any), personal injury follow-up, and the names and telephone numbers of all national, regional, or local officials contacted during and after the spill incident and if possible precautions to be taken in the future prevent a reoccurrence of the event.

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

A copy of these reports will be provided to the KO.

1.2.4 SEGREGATION OF HAZARDOUS WASTE

a. All items collected on this contract must be segregated according to compatibility and kept physically separate from any other items until the initial Treatment, Storage, Disposal & Recycling Facility (TSRDF) is reached. This includes separation inside the shipping container.

The items must be so marked, that they are readily linked to this contract throughout this period.

The Contractor shall annotate the Task Order and line item number on each item being removed for disposal. USG reserves the right to inspect the vehicle to ensure segregation is completed and correct.

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

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

b. Draining will be allowed only to prevent leaking and to meet Japanese regulations and local safety regulations

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

1.2.6 RESERVED

1.2.7 WEIGHING OF ITEMS

a. USG scales will be used when available, operable, and authorized by the Government as established in Attachment 15. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The USG shall ensure that Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-USG scales are operable and accurate through certification or demonstration.

b. If the Contractor chooses not to accept the Government weights the Contractor shall provide portable scales for outweighing of property. Portable scales must have a minimum capacity of 2,000 pounds. For the purpose of this contract, scales permanently affixed or built into a vehicle are considered portable scales.

c. Prior to the use of portable scales at each pickup site, the Contractor must demonstrate reasonable weight accuracy to the COR or designated USG representative. Only materials to be removed by the Contractor will be weighed. Pallets, boxes, strapping, etc., which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight.

1.2.7.1 TASK ORDER ADJUSTMENTS

a. All task order weights are estimated amounts. The Contractor can expect that the task order weights will require adjusting as removals take place, and the actual pounds being removed are measured. Therefore, the KO has the unilateral right to increase or decrease the task order weight in those instances where the KO has underestimated or overestimated the weight that will be removed. In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage.

b. In addition, the KO may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending task order end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

1.2.8 LOADING

a. The Generator agrees to loading, including furnishing all the equipment necessary for loading if available. The USG will not load at any location on any day in which the facility is closed unless otherwise specified. Unless otherwise provided in this contract, the USG will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

b. The Government may accept assistance by the Contractor/Subcontractor with loading during normal hours of operation if the appropriate equipment are available for use and the assistance is otherwise appropriate.

The Generator will make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the USG (e.g., only load open top-style conveyances/trucks or trailers with a drop gate). Only USG employees and other authorized USG equipment operators shall operate equipment used pursuant to this paragraph. By requesting loading assistance of conveyance furnished by the Contractor, the Contractor agrees to indemnify and hold harmless the USG for any damage, incidental or otherwise, to the conveyance by the USG.

c. The Generator(s) is authorized to perform Contractor surveillance during a HW removal or during the performance of a service when the DLA-Disposition Services COR is not available.