Attachment 2 Updated HW PWS v20200701.pdf

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

Version Date: 1 July 2020

Table of Contents

1. PERFORMANCE WORK STATEMENT

1.1. PERFORMANCE PERIOD

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

1.3. WASTE REPORTING

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

1.5. INDEMNIFICATION

1.6. CONTRACT MINIMUM/MAXIMUM

1.7. MINIMUM TASK ORDER SERVICE CHARGE

1.8. HOURS OF OPERATION

1.9. CONTRACTOR PERSONNEL

1.10. PUBLIC AFFAIRS COORDINATION

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

2. REMOVAL PHASES

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.3. TRANSBOUNDARY SHIPPING DOCUMENTS

2.1.4. CONTRACT LINE ITEM NUMBER (CLIN) DISPUTES

2.1.5. NOTIFICATIONS

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

2.2. REMOVAL – CLINs N04000 - N36990

2.2.1. SPILL RESPONSIBILITY

2.2.2. SEGREGATION OF HAZARDOUS WASTE

2.2.3. STATEMENT ON CONTAINERS

2.2.4. UNITED STATES (U.S.) GOVERNMENT EQUIPMENT & PERSONNEL

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

2.2.6. LOADING

2.2.7. TRANSPORTATION

2.2.8. WEIGHING OF ITEMS

2.2.9. TASK ORDER (TO) ADJUSTMENTS

2.2.10. PHYSICAL STATE AND WASTE TYPE DEFINITIONS

2.2.11. CONTAINERIZED WASTE PROCEDURES

2.2.12. BULK WASTE LIQUID PROCEDURES

2.2.13. BULKING & CONSOLIDATION

2.2.14. AQUEOUS FILM FORMING FOAM CONCENTRATES, RINSATES, AND

SOLIDS – CLINS N36010 to N36050

2.2.15. CHARGES FOR EXPEDITES - CLINs N63310-N63360, N63410-N63450

2.3. POST REMOVAL

2.3.1. RETURN OF SHIPPING DOCUMENTATION

3. DISPOSAL/RECYCLING – CLINs N04000 - N35990 & N80000 - N89999

3.1. STORAGE RESTRICTIONS

3.2. LAND DISPOSAL REQUIREMENTS

3.3. CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING – CLIN N66350

3.4. RECYCLING OR RECOVERY

3.4.1. COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS

3.5. DEMILITARIZATION

3.5.1. OTHER MILITARY ITEMS

4. SPECIAL SERVICES

4.1. PREPARE WASTE PROFILE SHEET – CLIN N66400

4.2. PERFORM ANALYSIS – CLINs N66000 through N66999

4.3. IDENTIFY UNKNOWN WASTE STREAMS & PREPARE WASTE PROFILE

SHEETS – CLINS N66000 & N66050

4.4. LAB PACKING SERVICES – CLIN N69100

4.5. TANK & WASH RACK CLEANING - CLINs N6350A-N6350C, N6351B, N6351C, N6352B, N6352C

4.6. PROVIDE PACKAGING CONTAINERS / MATERIALS – CLINS N67000 to N68990

4.7. COMPRESSED GAS CYLINDERS & CARTRIDGES

4.8. WASTE MANAGEMENT SERVICES – CLINs N61000 through N63999

5. ACCEPTABLE PERFORMANCE LEVELS

6. THE QUALIFIED FACILITIES AND TRANSPORTERS LISTS

6.1. USE OF FACILITIES AND TRANSPORTERS

6.2. FACILITY REMOVAL

6.3. TRANSPORTER REMOVAL

7. ADDITIONAL REQUIREMENTS

7.1. PACKAGING MARKING AND LABELING

7.2. PLACES OF U.S. GOVERNMENT INSPECTION

7.3. CONTRACTOR REPRESENTATIVE

7.4. INCIDENTAL FEES

7.5. PASSES FOR ENTRY INTO MILITARY PREMISES

7.6. SAFETY REQUIREMENTS

8. TIMEFRAMES FOR SERVICES

9. ACCEPTANCE AND INVOICING DOCUMENTATION REQUIREMENTS

9.1. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

9.2. ACCEPTANCE AND INVOICING

9.3. PARTIAL PAYMENTS UPON FINAL DISPOSAL

10. LIST OF ATTACHMENTS

11. ABBREVIATIONS, ACRONYMS AND TERMS

1. PERFORMANCE WORK STATEMENT

1.0.1. This contract covers the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from United States (U.S.) Military Installations at Aviano, Livorno, Vicenza, Naples, Gaeta, and Sigonella, as well as commercial ports in the Host Nation(s) of Italy. Additional services include: expedited removals, Waste Management Services (WMS), receiving services, laboratory analysis, preparation of DD Form 1348-1A – Issue Release/Receipt Document (latest version available on the Defense Logistics Agency (DLA) Official Forms website at https://www.dla.mil/Forms/), sampling and analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services and removal of appliances containing ozone depleting substances (ODS). Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste (HW), shall not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

1.0.2. The removal, transportation, storage, characterization, treatment, disposal, and recycling or recovery of wastes offered under this contract are to be performed in accordance with Final Government Standards (FGS) for the Host Nation or Overseas Environmental Baseline Guidance Document (OEBGD) if no FGS exist for the Host Nation, Host Nation law, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards, laws, regulations, and agreements apply to not only the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. The Contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract. The FGS/OEBGD available at the time of this PWS issuance for the Host Nation(s) where services will be required for this contract are included as Attachment 2.

For the remainder of this PWS, when referencing FGS/OEBGD, it should be understood that if FGS exists for the Host Nation(s) than these standards apply and that OEBGD only applies in the absence of FGS for a particular Host Nation(s).

1.0.3. The Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement (PWS). All Contractor personnel are required to have appropriate current and valid working permits and training for the jobs they will perform.

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

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

1.0.5. The requirements in this statement of work are not intended to contradict existing host country laws, regulations, decrees and orders or subsequent binding instructions from competent authorities. If the Contractor is aware of such a contradiction, the Contractor is responsible for identifying it to the Contracting Officer (KO). The KO will determine if a waiver is required.

The Contractor shall not commence performance under a waiver request until the Contracting Office has granted written approval of the waiver.

1.1. PERFORMANCE PERIOD

1.1.1. The contract includes a base period of 30 months, plus 1 option period of 30 months. See Federal Acquisition Regulation (FAR) 52.217-8 and 52.217-9 for more information about contract extensions.

Base Period: 01 Oct 2020 – 30 April 2023

Option Period: 1 May 2023 – 30 Sep 2025

NOTE: This Period of Performance (POP) is notional, and true POP presented here and in PWS may adjust based on award date of contract.

1.2. CONTRACTING OFFICER'S REPRESENTATIVE

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

1.3. WASTE REPORTING

1.3.1. EWC and TSDRF Listing by CLIN: Within 14 calendar days after award, the Contractor shall email the COR and Installation Environmental Offices (IEOs) a spreadsheet listing the European Waste Code (EWC) and Treatment, Storage, Disposal and Recycling Facility (TSDRF) to be used for each disposal/recycling CLIN (CLINs N04000 - N35990 & N80000 - N89999). This spreadsheet shall be updated and resubmitted to the COR and IEOs within 5 calendar days of a change in EWC or TSDRF for any disposal/recycling CLIN. The spreadsheet 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.

1.3.2. Monthly Waste Report: The Contractor shall provide the Installation Environmental Office (IEO), COR and the KO on a monthly basis a report that summarizes all waste movements from the point of generation to the final Treatment, Storage, Disposal and Recycling Facility (TSDRF). The monthly report shall be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user. The report shall be provided electronically no later than the 10th calendar day of the following month and shall contain the following data fields in English for each Disposal Turn-In Document (DTID):

• DTID Number

• Removal Date

• Installation Name

• Pickup Point (Building Number and Organization)

• Delivery Order Number

• Contract Line Item Number (CLIN)

• Waste Description (as per CLIN)

• European Waste Code

• Container Type

• Quantity of Containers

• Disposal/Recycle Weigh (kg)

• Disposal/Recycle Cost (in contract currency)

• Manifest Number

• European Council Directive 91/156/EEC Annex II Disposal Method

• Final Disposal/Recycling Facility

• United Nations Number

• Proper Shipping Name

• Hazard Class

• Packing Group

• Tunnel Restriction Code

• Additional Information (as necessary)

1.3.3. Annual Waste Report: The Contractor shall provide an annual report in the English summarizing all waste movements from point of generation to disposal facility. The report shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR and IEO electronically no later than 15 January of each year, through the last Task Order (TO) issued under the contract. The annual report shall include all data elements as identified in 1.3.1 above.

1.3.4. Manifest Tracking Log: The Contractor shall, within 90 calendar days of receipt of waste at TSDRF, complete DLA Form 2505 – Manifest Tracking Log (latest version available on the DLA Official Forms website at https://www.dla.mil/Forms/), annotating all wastes removed. The Contractor shall describe and document in detail any differences between the actual quantity picked up (column 5) and the actual quantity disposal/recycled (column 13). The Contractor may use attachments to the form if necessary. The Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

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

1.4. HAZARDOUS WASTE REMOVAL LOCATIONS

1.4.0. The Contractor is required to conduct HW removals in and around the military installations listed below. For each military installation listed, the primary HW removal site(s) is (are) listed. Pickups may also be required at other HW removal sites in and around the military installations listed in Attachment 3:

1.5. INDEMNIFICATION

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

1.5.2. 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.

1.5.3. The Contractor also agrees to hold the U.S. Government harmless and indemnify the U.S.

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 U.S.

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.

1.5.4. 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.

1.5.5. 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.

1.6. CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum for the contract shall be 25,000 euros, of the base period. The maximum shall be 200 % of the estimated value of the contract. No other options on this contract have a minimum.

1.7. MINIMUM TASK ORDER SERVICE CHARGE

Minimum TO Service Charge shall be ordered in conjunction with a TO that does not meet the 1,500 Euro-minimum requirement and the amount ordered on this CLIN shall be the difference of the actual TO and 1,500 respectively.

1.8. HOURS OF OPERATION

1.8.1. The U.S. Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract shall be performed, on a daily basis, during regular working hours (0730 through 1630 hours) Monday through Friday. The specific date and time for off-site removal services, shall be established by the COR, IEO and Contractor via an email pickup request which shall constitute a call against a TO (refer also to Section 2.1.5

– Notifications). The COR and IEO will meet the Contractor at the scheduled pickup site at the agreed upon time.

1.8.2. The services performed under this contract shall not be performed during U.S. holidays and official national public holidays in the Host Nation. The U.S. holidays are:

January 1st* 1st Monday in September

3rd Monday in January 2nd Monday in October

3rd Monday in February November 11th*

Last Monday in May 4th Thursday in November

July 4th* December 25th*

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

1.9. CONTRACTOR PERSONNEL

1.9.1. All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled

1.9.2. The Contractor shall provide within 14 calendars of contract award a list of the names and telephone numbers of the Contractor’s Contract Manager, alternate Contract Manager and On- Site Technical Representative (OSTR) to the COR. This list shall be updated within 5 calendar days of a change in personnel or phone number.

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

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

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

1.10. PUBLIC AFFAIRS COORDINATION

1.10.1. 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 or any agents of the Contractor.

1.11. ENVIRONMENTAL MANAGEMENT SYSTEM

1.11.1. DLA Disposition Services (DLA-DS) implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA-DS 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-DS 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-DS EMS program is explained in agency Environmental Management System (EMS) Core Instruction (available at https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_0925201 5.pdf). 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-DS tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA-DS appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA-DS appropriate facility maintains EMS awareness posters that identify the DLA-DS 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 section by contacting the COR and

IEO.

https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_09252015.pdf https://www.dla.mil/Portals/104/Documents/DispositionServices/Library/DISP_6050.2_09252015.pdf

2. REMOVAL PHASES

2.0.1. The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal, Removal, and Post-Removal. The Contractor, and his Subcontractors, shall perform at all times in a prudent, conscientious, safe and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the HW be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide handling equipment and Personnel Protective Equipment (PPE) unless otherwise stated and shall be appropriate to ensure safe handling of the HW. When operating in a location or facility identified for service under this contract, the Contractor is required to provide forklifts with specifications that meet the applicable permit requirements.

The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by U.S. Government personnel while on federal property.

2.1. PRE-REMOVAL

2.1.1. PERMITS/SPECIAL REQUIREMENTS

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

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

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

2.1.1.4. 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.

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

2.1.2. SHIPPING/DISPOSAL DOCUMENTATION

2.1.2.1. The Contractor shall prepare, complete and return signed copies of appropriate shipping documentation, as required by the host nation, transit nations or nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations. The Contractor shall prepare the appropriate shipping documents and notifications to applicable regulatory agencies (hereafter “notifications”) required to move and dispose of all waste listed in the contract. The Contractor shall prepare all notification documents and act as the “exporter” and “importer” of the waste.

2.1.2.2. Any transportation and Host Nation documentation requirements established by the ADR or the IMDG Code shall be provided to the COR and IEO prior to removal. The Contractor shall prepare, complete, and provide copies of the appropriate proposed shipping documentation to the COR and IEO five calendar days prior to the removal of the waste from the installation.

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

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

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

2.1.2.6. Any waste scheduled to be removed from the installation that continues to not have the proper documentation shall be shipped at a later date when the proper documents are provided.

The Contractor shall bear all costs as a result of such a delayed shipment.

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

2.1.2.8. The IEO has the authority, prior to shipment, to decline the signing of any appropriate shipping documents for waste loads that are not in conformance with transportation, safety or environmental regulations.

2.1.3. TRANSBOUNDARY SHIPPING DOCUMENTS

2.1.3.1. If transboundary shipping of waste is required as part of this contract, within14 calendar days of contract award, the successful Contractor must apply for a Basel Transboundary Movement Document (i.e. Basel notifications) and provide photocopies of the application to the COR and IEO. After submittal of the application for the Basel Transboundary Movement Document, Contractor shall provide weekly status reports to the COR and IEO until the application has been approved. The weekly status reports shall outline all required steps in the application approval process, exactly where the application is at in the approval process and what actions are being taken by the Contractor to ensure timely approval of the application.

2.1.3.2. Upon receipt of the approved Basel Transboundary Movement Document from the competent authority, the Contractor shall no later than within 3 calendar days, provide the COR and IEO with photocopies of the completed and approved Basel Transboundary Movement Document.

2.1.3.3. After waste has been removed from the installation, the Contractor shall provide the COR and IEO with a copy of the signed and dated Basel Transboundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 60 days following acceptance of the waste by the TSDRF.

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

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

2.1.4. CONTRACT LINE ITEM NUMBER (CLIN) DISPUTES

2.1.4.1. Contract Line Item Number (CLIN) discrepancies noted on a TO during a pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and IEO. If the COR and the IEO concur with the CLIN change request, a TO Modification will be issued.

2.1.4.2. The U.S. Government may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO lines, extending TO 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 TO 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 TOs. No changes are made to the terms and conditions of the contract.

2.1.4.3. If the Contractor asserts that an inappropriate CLIN has been assigned, that no existing contract CLIN is appropriate, and a new CLIN needs to be added to the contract, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 calendar days from the TSDRF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDRF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDRF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the U.S. Government’s final determination.

2.1.4.4. The Contractor must ensure that the waste in question is not treated or disposed of until the U.S. Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the U.S. Government’s final determination, the Contractor will be deemed to have waived its objection to the CLIN assignment.

2.1.5. NOTIFICATIONS

2.1.5.1. The Contractor shall, within 14 calendar days of contract award, provide a list of packing and disposal requirements of the TSDRFs to be utilized for the HW removed from the installation. Modifications to the packing and disposal requirements of the TSDRF shall be forwarded to the COR and IEO within 3 calendar days.

2.1.5.2. Except as otherwise specified herein and if required, the Contractor shall notify the COR and IEO, at least five (5) working days BEFORE attempting site visits for providing services or removal efforts.

2.1.5.3. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number or photo ID and its expiration date to the COR and IEO at least 48 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR and IEO prior to any attempted removals. If this option is elected and the list is approved by the U.S. Government and maintained by the Contractor, the 48-hour notification requirement is moot for the remainder of the contract unless otherwise modified.

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

2.1.5.5. For TOs containing expedited removal or performance CLINs, the Contractor shall notify the COR and IEO for each location in the following timeframes BEFORE attempting site visits for any reason:

CLINs Description Notification Required

N63350, N63450 1-Day Expedite 4 Hours Prior to Performance

N63340, N63440 3-Day Expedite 1 Day Prior to Performance

N63330, N63430 5-Day Expedite 2 Days Prior to Performance

N63320, N63420 7-Day Expedite 4 Days Prior to Performance

N63310, N63410 10-Day Expedite 5 Days Prior to Performance

See Section 2.2.15 – Charges for Expedites, for additional information on expedite services CLINs.

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

2.1.6. CONVEYANCE VEHICLE AND TRAILER SECURITY

2.1.6.1. All Contractor trailers utilized for HW pickup shall be secured when unattended. Failure to meet this requirement may result in the U.S. Government’s halting of the pickup.

2.1.6.2. The U.S. Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The U.S. Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the U.S. Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for U.S.

Government reimbursement to the Contractor.

2.1.6.3. The U.S. Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance, if Contractor trailers are not secured when unattended and/or Contractor personnel refuse to cooperate with any requests for additional ID and/or professional endorsements.

2.2. REMOVAL – CLINs N04000 - N36990

2.2.0. DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) shall be completed for all items ordered or services performed on a TO, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service, the Contractor shall complete the applicable fill-ins on the DD Form 1155 – Order for Supplies or Services (latest version available on the DoD Directives Website at http://www.esd.whs.mil/DD/) for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes.

These quantities so annotated shall be the basis for payment. Once wastes have been loaded onto http://www.esd.whs.mil/DD/ http://www.esd.whs.mil/DD/ the conveyance, and prior to departing the military installation, the Contractor shall obtain the IEO’s signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste or any other requested service shall be paid without the certified form.

2.2.1. SPILL RESPONSIBILITY

2.2.1.1. 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 U.S. Government and at no additional cost to the U.S. Government. The Contractor shall clean up spills and releases to the satisfaction of the COR and IEO to ensure compliance with all applicable laws and regulations. Contractor shall dispose of all spill residues and debris at no additional cost to the U.S. Government and shall be removed off-site within 72-hours of the cleanup. The Contractor shall prepare a separate manifest for the spill cleanup removals and provide completed copies of the manifests to the COR and IEO.

2.2.1.3. 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 Installation Spill Notification Procedures.

2.2.1.4. The Contractor shall immediately notify via telephone the COR and IEO of any spills or releases resulting from the performance of this contract. For spills or releases occurring on U.S.

Government controlled property, the Contractor shall follow Installation Spill Notification Procedures. Contractor shall provide a written report to the KO, COR and IEO no later than 24 hours after the spill or release.

2.2.1.5. At a minimum, the immediate notification via telephone to the COR, and IEO shall include:

• Description of material spilled (including identity and estimated quantity);

• Date, time, and location of spill;

• Anticipated cleanup and disposal procedures.

2.2.1.6. At a minimum, the written report to the KO, COR, and IEO shall include:

• Description of material spilled (including identity, quantity, manifest number, etc.);

• Exact date, time, and location of spill including type of area contaminated (e.g., cement, soil, floor, etc.);

• Persons present at the time of the spill;

• Cleanup and disposal procedures completed and the time/date performed;

• Disposal location of spill residues and debris;

• Outside assistance obtained (if any);

• Personal injury involved;

• Names and telephone numbers of all U.S. Government and Host Nation officials (if any) contacted.

2.2.2. SEGREGATION OF HAZARDOUS WASTE

2.2.2.1. Commingling or consolidation of HW: Any commingling or consolidation of U.S.

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

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

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

2.2.2.4. International waste nomenclature, EWC and hazard class.

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

2.2.2.6. 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.

2.2.3. STATEMENT ON CONTAINERS

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

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

2.2.3.2 below for additional information on Contractor provided containers.

2.2.3.2. All Contractor provided containers shall be labeled by the Contractor. The labels shall be resistant to fading from moisture and sunlight. All containers of HW shall be labeled in English as follows: the words ‘hazardous waste’; any hazard warnings; the internationally recognized name of the substance; the European Waste Code; the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN Number; proper shipping name; hazard label number(s); packing group; the name, address and telephone number of the DLA DISPOSITION SERVICES CONTRACTING Contractor; the Generator ID number;

the IEO point of contact; the fire and emergency services telephone numbers for the installation;

all precautionary and health (P&H) phrases, in accordance with Global Harmonization System (GHS) and that are applicable to each waste stream and the CLIN number. There shall be no other labels, signs or symbols incorporated onto the HW label.

NOTE: CLIN N69200 is for the supply of labels when purchased by the U.S. Government.

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

2.2.3.3. 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.

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

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

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

2.2.3.7. The Contractor shall include within the Attachment 1 unit of measure pricing for disposal/recycling (CLINs N04000 - N35990 & N80000 - N89999) the cost of providing containers and preparing them for transport. For example, if the Government orders 100 kg of any given disposal/recycling CLIN, the Contractor shall ensure the unit pricing provided for Attachment 1 includes the cost of a providing a container appropriate for holding the waste and preparing it for transport. The Government shall strive in general to order disposal/recycling CLINs in quantities that would result in full containers. However, there will be instances when the Government will order disposal/recycling CLINs in quantities that may result in containers that are not full and the Contractor shall ensure to submit unit pricing for Attachment 1 considering that this will occasionally occur.

2.2.4. UNITED STATES (U.S.) GOVERNMENT EQUIPMENT & PERSONNEL

2.2.4.1. With few exceptions, the U.S. Government shall not furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of U.S. Government-owned loading equipment (Section 2.2.6 - Loading) and U.S. Government-owned scales (Section

2.2.8 – Weighing of Items). However, in both cases, usage of such equipment is only permitted when authorized by the COR or the IEO, and only if, such equipment is available for use; as a result, the Contractor is highly encouraged to supply their own equipment whenever possible, as lack of availability of U.S. Government-owned equipment will not be considered grounds for a subsequent request for equitable adjustment. Finally, as it pertains to usage of U.S. Government-owned loading equipment, Contractor personnel must be licensed to operate such equipment in accordance with local Host Nation procedures, and bears responsibility for any damage caused as a direct result of operating such equipment. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

2.2.5. TREATMENT OF HAZARDOUS WASTE ON MILITARY INSTALLATIONS

2.2.5.1. The Contractor shall NOT undertake treatment of HW on a military installation.

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

2.2.6. LOADING

2.2.6.1. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered Material Handling Equipment (i.e., forklift or equivalent) to load individual containers or pallets into cargo trucks. The U.S. Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor.

2.2.6.2. The U.S. Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the U.S. Government will make the initial placement or “tailgate” the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the U.S. Government

2.2.6.3. It is the U.S. Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this PWS as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO in order to gain access to the waste that is scheduled for removal.

2.2.6.4. The U.S. Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level.

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

2.2.7. TRANSPORTATION

2.2.7.1. The Contractor shall transport waste in accordance with all applicable transit rates and Host Nation and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods (HP/DG) shall be transported in UN-specification containers where required. The Contractor is responsible for ensuring that all hazardous property leaving a U.S.

facility is accompanied by a manifest to ensure a complete audit trail from point of origin to ultimate disposal. The Contractor shall purchase and prepare all manifests for waste movement.

The standards set forth in the ADR, International Maritime Dangerous Goods (IMDG) Code, and the European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID) and other applicable regulations shall be utilized by the Contractor for all shipments.

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

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

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

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

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

2.2.8. WEIGHING OF ITEMS

2.2.8.1. The Contractor shall be responsible for providing at the pickup location all scales necessary to weigh containerized wastes and Intermediate Bulk Containers (IBCs).