Attachment 2- PWS Europe-Africa Scrap.pdf

PERFORMANCE WORK STATEMENT

1. INTRODUCTION

1.1 Background. The DLA Disposition Services Europe and Africa disposes of foreign excess personal property of the United States Department of Defense (DOD). DLA Disposition Services Europe and Africa receives property that is no longer required for use in the DoD and determines whether the property is usable or scrap. If usable property is not needed for redistribution within the Federal U.S. Government, it may be donated to state and local Governments, sold to the public, or processed for reclamation of specific metals and materials required for use by the DOD. Only material that has not been disposed of by these outlets or is determined to be scrap shall be the subject to this contract.

1.2 Purpose. The purpose of this solicitation is to award a contract to manage, collect, transport, recycle, mutilate, demilitarize and dispose of scrap and recyclable material in an environmentally responsible and compliant manner.

1.2.1 This solicitation does NOT involve disposal of hazardous materials or hazardous waste except:

1.2.1.1 Those components specifically regulated as waste by both the Waste Electrical & Electronic Equipment (WEEE) Directives and the European Waste Catalogue (EWC); or

1.2.1.2 Those components, which may become a waste when generated from vehicle sanitation, vehicle parts/components, demilitarization, mutilation, and electronic demanufacturing or otherwise generated by the Contractor during the disposal process

1.3 Objectives. The objectives of contracting for scrap management services are to ensure compliant scrap disposal management; to reduce the U.S. Government's capital investment (facilities and equipment costs) and infrastructure; to reduce solid waste disposal through increased recycling; to move property efficiently; to decrease disposal costs; and to maximize economic offsets.

1.4 Permits. The U.S. Government will not seek facility or equipment permits for regulatory compliance. Therefore, Contractors must understand that if they propose changes to current operations that trigger permitting requirements, this will be evaluated negatively

2. CONTRACT INFORMATION

2.1 Term of the Contract. The base contract period will begin on 1 March 2021 or effective date of award, whichever is later, for an eighteen (18) month period. There are two (2) eighteen

(18) month option periods.

2.2 Contract Type. The contract awarded from this solicitation will be a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity, Task Order, Service type contract. Task Orders will be issued based upon the unit prices established in the contract price schedule.

Attachment 2 Performance Work Statement (PWS) Europe Scrap

SP4500-21-R-0003

2.3 Pricing. There is one (1) price schedule for each performance period; base, first and second option periods. The price schedule lists each DLA Disposition Services sites and includes their respective area. Not all of the areas will have scrap generations for all of the CLINs.

2.3.1 CLIN 0001, Project Management (See PWS 7)

2.3.2 CLIN 0002-0025, Transport and Disposal, are grouped into one of two categories as described below. Index information: The Index is from the publication EUWID (European Economic Service) and has the prices for ferrous scrap, non-ferrous scrap, paper and cardboard scrap, etc. It can be viewed (by subscription) at:

www.euwid-recycling.com

Europäischer Wirtschaftsdienst GMBH Bleichstrasse 20-22 D-76593 Gernsbach

Tel. 07224/9397-0

Fax 07224/9397-904

Email: recycling@euwid.de

2.3.3. The EUWID publication which contains the steel scrap prices (usually the third week of each month) shall be used for invoicing purposes. The specific EUWID book to be used shall be the one published in the preceding month as a corresponding Task Order’s issuance date. For example, all Category 1 items on Task Orders that will be issued in March 2021will reference the weekly EUWID published in February 2021, which contains the steel scrap prices. It is the responsibility of the Contractor to obtain a subscription to the EUWID and supply access to the Contracting Officer (CO) for verification purposes. The Contractor shall provide the prices to the CO nine calendar days prior to the last day of each month.

2.3.3.1 Category 1: Scrap materials with an index. For CLINs 0002-0015 the Offeror must propose a fixed unit price for transporting, processing, and disposing scrap materials released. In addition, Offerors must propose a percentage of the appropriate EUWID index which shall be used to calculate an amount to be returned to the U.S. Government. The transporting, processing, and disposal fee, as well as the EUWID index amount to be returned to the U.S. Government, shall be based on total scrap weight removed from the U.S. Government facility before processing. For example, assume an Offeror bid €.025 for the unit price processing fee and 75% for the percent of index share for CLIN 0004, Aluminum, Mixed. If 1,000 kg were removed and the relevant EUWID price for this material is €1.00 per kg, then the calculation would be as follows:

Attachment 2 Performance Work Statement (PWS) Europe Scrap

SP4500-21-R-0003

http://www.euwid-recycling.com/ mailto:recycling@euwid.de

(A*B = C) Fixed Total Price

([(E/1000)/100]*D-B)*-1 = F Index Adjusted Unit Price

F*A = G Total Amount

Total Amount in ( ) is a Cost benefit to the U.S. Government

Total Amount without ( ) is due to the Contractor.

2.3.3.2 Category 2: Scrap materials without an index. CLINs 0016 - 0025 are scrap materials that may hold either a positive or negative market value. The Offeror shall propose a fixed unit price for transporting, processing, and disposing only, there is no percentage of index calculation. Offerors must propose a unit price of at least €0.01 for any Category 2 CLINs.

Note: Detailed Contract Line Item Information (CLIN) in Attachment 1, Price Schedule.

3. CONTRACT MINIMUM/MAXIMUM

3.1 This is a firm-fixed price indefinite quantity contract. The contract minimum shall be €250,000.00. The maximum shall be 200% of the estimated value of the contract. There is no contract minimum for any option period if included in the contract.

4. PRICE SCHEDULE FORMAT AND COMPENSATION OF SERVICES

4.1 Attachment 1 Price Schedule displays the description and estimated quantity of each type of scrap material available for recycling and/or disposal. These quantities are based upon historical generations. A three-year workload history by CLIN and weight is attached to this solicitation (Attachment 5). Level 3 Service workload historical data is provided in Attachment 4, page 2.

When possible and for informational purposes only, U.S. Government Scrap Classification codes (SCL) and European Waste Codes (EWC) are listed for each scrap item within the Attachment 1 Price Schedule. Information describing the service or type of scrap material, collection/pickup area, and special handling requirements (demilitarization/mutilation and/or destruction, and demanufacturing) is contained in each Contract Line Item Number (CLIN) as follows:

4.1.1 The first four (4) positions are numeric and indicate the period and service of performance required (e.g. “0001” is Project Management service in the Basic Period, “2002” is Cardboard and Mixed Paper disposal service in the 2nd Option Period).

Item Desc

Est Qty (A)

U/M

Unit Price (B)

Fixed Total Price (C)

% of Index (D)

Index Price for Evals Euro/1000

KG

(E)

Index Adjusted Unit Price (F)

Total Amount (G)

Aluminum, Mixed 1,000 KG .025 25.0000 75 1000.0000 (0.72500) (725.00)

Attachment 2 Performance Work Statement (PWS)

4.1.2 For CLINs 0001 – 0025, the fifth position indicates the collection/pickup area (e.g. “G” is the Germersheim area, “K” is the Kaiserslautern area). See table below for a complete list

Germany Italy United Kingdom Spain Level 3 Germersheim = G Aviano = A Molesworth = M Rota = O EU member = W Grafenwoehr = R Sigonella = S Europe = U Kaiserslautern = K Africa = Y

CAC = Z

Portugal-Azores Lajes = L

All Sites = X

4.1.3 For CLINs 0002 – 0025, the sixth character indicates special handling requirements as follows:

6th Character Special Handling Requirements A indicates no special handling requirements B indicates scrap material requiring demilitarization and/or destruction in accordance with PWS 12 D indicates electronic scrap requiring demanufacturing in accordance with PWS

R indicates non-ozone depleting substance (ODS) refrigerators refrigeration equipment

4.1.4 For CLIN 0001, the sixth character differentiates the various levels of service.

6th Character Service Level A Service Level 1 B Service Level 2 C Service Level 3 D Service Level 4

5. DEFINITIONS

5.1 Certifier. A technically qualified U.S. Government representative (U.S. or foreign) appointed to sign the certification (there is a permanent waiver to allow contract labor to certify, and actually perform/supervise the required Demilitarization/mutilation).

5.2 Classified Item. An item which must be protected from unauthorized disclosure in the interest of national security. Items of this nature are assigned a security classification.

Attachment 2 Performance Work Statement (PWS)

5.3 Containers. Any portable device with lid in which a scrap material is stored, transported, disposed of or otherwise handled. Containers must be capable of being locked and sealed.

Containers at Container Service Sites require hydraulic open top roll off containers, which can be loaded, from top and back.

5.4 Contracting Officer (CO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)'' refers to a contracting officer who is administering contracts”. Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation to administrative contracting officer or termination contracting officer does not a. Require that a duty be performed at a particular office or activity or b. Restrict in any way a contracting officer in the performance of any duty properly assigned

5.5 Contracting Officer’s Representative (COR). Individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

The CORs under this contract will be located at DLA Disposition Services sites Germersheim, Grafenwöhr, Kaiserslautern, Molesworth, Rota, Lajes, Aviano and Sigonella. The CORs will be the Contractor's primary points of contact for the duration of this contract. 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.

5.6 DLA Disposition Services Europe and Africa. Located in Kaiserslautern, Germany, provides oversight of operations to DLA Disposition Services sites outside of the United States located in Europe and Africa.

5.7 DLA Disposition Services Sites. The field offices of the DLA Disposition Services Europe and Africa that process and dispose of Foreign Excess Personal Property.

5.8 Demanufacturing. To render specified unusable or obsolete U.S. Government-owned electrical and electronic equipment completely unusable by total disassembly, shredding or destroying it, recovery of hazardous components and proper disposal

5.9 Demilitarization (DEMIL). A U.S. Government term used to define the requirement and the process of destroying U.S. Government surplus property. Demilitarization is the act of eliminating the functional capabilities and/or inherent military design features from DOD personal property. Scrap materials received by the Contractor may be coded as requiring demilitarization, or as requiring special handling under The Defense Material Disposition Manual DOD 4160.21-M and 4160.22 or Defense Logistics Agency Regulation (DLAR) 2030.1 Trade Security Control (TSC) Procedures.

5.10 U.S. Government Personal Property. Property other than real property (buildings/lands) and records (files/documents) of the Federal U.S. Government.

Attachment 2 Performance Work Statement (PWS)

5.11 Hazardous Material (HM). Any material that is capable of posing an unreasonable risk to health, safety and property that is regulated under the appropriate host nation or European Union storage and transportation laws or regulations.

5.12 Hazardous Waste (HW). Any wastes requiring special handling, manifesting or disposal as defined by host nation law, or EU regulations or directives.

5.13 Incineration. A thermal treatment technology involving destruction by controlled burning at high temperatures at U.S. Government approved facilities.

5.14 Material Potentially Presenting an Explosive Hazard (MPPEH): Material owned or controlled by the DOD that, before determination of its explosives safety status, potentially contains explosives or munitions (e.g., munitions containers and packaging material; munitions debris remaining after munitions use, demilitarization, or disposal; and range-related debris) or potentially contains a high enough concentration of explosives that the material presents an explosive hazard (e.g., equipment, drainage systems, holding tanks, piping, or ventilation ducts that were associated with munitions production, demilitarization, or disposal operations).

Excluded from MPPEH are: Military munitions and military munitions-related materials, including wholly inert components (e.g., fins, launch tubes, containers, packaging material), that are to be used or reused for their intended purpose and are within a DOD Component-established munitions management system. Non-munitions-related material (e.g., horseshoes, rebar, other solid objects) and munitions debris that are solid metal fragments that do not realistically present an explosive hazard Other items (e.g., gasoline cans, compressed gas cylinders) that are not munitions or munitions-related material but may present an explosion hazard.

5.15 Mutilation. The act of making material unfit for its originally intended purposes by cutting, tearing, scratching, crushing, breaking, punching, shearing, burning, neutralizing, etc.

5.16 Oversized Item. For the purpose of this contract is defined as an item that exceeds the volume capacity of a 40 cubic meter container.

5.17 Quality Assurance. A planned and systematic pattern of all actions necessary to provide confidence to the U.S. Government that adequate technical requirements are established;

products and services conform to established technical requirements; and satisfactory performance is achieved.

5.18 Scrap. Recyclable, waste, and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit and function have been destroyed.

5.19 Segregating/Sorting. The process of identifying the material for its basic material content.

The DLA Disposition Services personnel establish the basic material content. This determination is based on the predominate material composition by weight of an item in the best interests of the U.S. Government. Questionable items will be determined in conjunction with the CO, COR and Contractor. The Contractor personnel may further segregate an item into its individual basic material contents and sort for better scrap grouping. The onsite Contractor personnel accomplish this process.

Attachment 2 Performance Work Statement (PWS)

5.20 Staging Area. A location with scrap generations within a radius of 50 km of a site included in Level 1 Service listed under Attachment 4, page 1, where removal is performed by the Contractor and loading is accomplished by U.S. Government

5.21 Solid Waste. Includes garbage, refuse and other discarded materials including solid waste materials resulting from industrial, demilitarization/mutilation/demanufacturing processes, commercial, and agricultural operations, and from community activities. Mining and agricultural solid wastes, hazardous wastes, sledges, construction, demolition wastes and infectious wastes are not included in this category.

5.22 Task Order. A contractual order for services or a call against an existing order.

5.23 Verifier. A technically qualified U.S. Government representative (American Citizen) designated to the certification and actually witnessed the DEMIL/mutilation or inspected the residue, and who has the expertise to determine adequacy of DEMIL/mutilation.

6. GENERAL INFORMATION

6.1 The Contractor shall provide all personnel, equipment, tools, materials, supervision, vehicles and other items or services necessary to perform scrap management and demilitarization/mutilation operations including disposal and recycling for eight DLA Disposition Services sites throughout Europe. For site specific information please refer to Attachment 4.

6.2 The estimated quantities of Project Management and scrap disposal required are listed in Attachment 1 Price Schedule. The Contractor shall, without additional expense to the U.S.

Government, be responsible for obtaining and maintain during the life of the contract, all necessary licenses and permits to conduct these services. Copies of renewals shall be provided to the CO at least 7 days prior to permit expiration. The Contractor shall also be responsible for all damage to property or injuries to persons that occur as a result of Contractor’s fault or negligence.

6.3 Contractor shall prepare and submit electronically all reports mandated by the local host nation government such as notifications, annual reports, “Annual Waste Balance Sheet,” required quantity forecasts, proof of recovery or recycling, and scrap material logs in accordance with

PWS 15.

6.4 The Contractor must meet all Local, State, National, European and International laws, ordinances and regulations that govern collection, transportation, processing, recycling and disposal of scrap materials.

6.5 Unless a specific time for report submission is stated elsewhere in the contract, the Contractor shall provide reports within two (2) weeks of request by the CO or COR.

7. DETAILED CONTRACT LINE ITEM (CLIN) INFORMATION

7.1 CLIN 0001 Project Management includes all staff, equipment, coordination, engineering services, provision of containers, waste management and documentation necessary to perform

Attachment 2 Performance Work Statement (PWS) the services described below. These project management services will be ordered in addition to the usual disposal/processing services for CLINs 0002 – 0025. In addition to receiving the project management fee, the Contractor shall be paid the weight based (“per kg”) disposal fee for any materials it processes and return a “percent of index” fee to the U.S. Government (where applicable).

7.1.1 SubCLIN 0001[alpha]A Level 1 (Full Service): Contractor is responsible for performing all services necessary in connection with establishing and maintaining a scrap material collection site as specified in Attachment 4, including the provision and maintenance of containers.

Contractor shall maintain a neat, clean collection site and shall operate the collection site in accordance with all host nation laws and any DOD requirements specified herein. Except for “oversized items,” such as vehicles and boilers, all scrap property shall be maintained in containers and should not be left stored on the ground or outside of containers overnight.

Contractor shall maintain the containers so that material does not overflow or overhang the containers or does not otherwise create unsafe conditions. Containers must be covered to prevent collection of rainwater and/or snow. CLINS requiring mutilation and/or demilitarization must be secured at all times. The Contractor is responsible for receiving scrap material property from “DOD Generators,” offloading generator conveyances, any segregating, sorting, or moving of property it deems necessary to manage the scrap materials, and for placing the materials into containers. Contractor must staff each location so that it can receive turn-ins of material from DOD Generators during each DLA Disposition Services site “operating hours.” Operating hours for each DLA Disposition Services site are specified in Attachment 4. The Contractor must be able to perform receipt of property Monday through Friday (as long as it is not a holiday, see PWS 39). For material generated at staging areas within a 50 km radius of a Service Level 1 site, Contractor shall be responsible for removal; the U.S. Government will be responsible for loading material onto contractor’s conveyance. Contractor may opt to provide loading assistance at staging areas, when adjacent MHE is available (truck equipped with claw crane) to speed up loading and increase removal quantity, at no additional cost to the U.S. Government. The U.S.

Government will order these project management services on a monthly basis, for each DLA Disposition Services site in operation, as long as this contract is in effect.

7.1.2 SubCLIN 0001[alpha]A Level 1 (Limited Service): Contractor is responsible for performing all services necessary in connection with establishing and maintaining a scrap material collection site as specified in Attachment 4, including the provision and maintenance of containers. Contractor shall maintain a neat, clean collection site and operate the collection site in accordance with all host nation laws and any DOD requirements specified herein. Except for “oversized items,” such as vehicles and boilers, all scrap property will be maintained in containers and will not be left stored on the ground or outside of containers overnight. Contractor shall maintain the containers so that material does not overflow or overhang the containers or does not otherwise create unsafe conditions. Containers must be covered to prevent collection of rainwater and or snow. CLINs requiring mutilation and/or demilitarization must be secured at all times. The Contractor is responsible for receiving scrap material property from “DOD Generators,” offloading generator conveyances, any segregating, sorting, or moving of property it deems necessary to manage the scrap materials, and for placing the materials into containers.

Attachment 2 Performance Work Statement (PWS)

Contractor must staff each location so that it can receive turn-ins of material from DOD Generators at days and times specified in Attachment 4. For material generated at staging areas within 50 km radius of a Service Level 1 site, Contractor is responsible for removal; U.S.

Government is responsible for loading onto contractor’s conveyance. Contractor may opt to provide loading assistance at staging areas, when adjacent MHE is available (truck equipped with claw crane) to speed up loading and increase removal quantity, at no additional cost to the U.S. Government. The U.S. Government will order these project management services on a monthly basis, for each DLA Disposition Services site in operation, as long as this contract is in effect.

7.1.3 SubCLIN 0001[alpha]A Level 1 (Container Service): Contractor is responsible for the provision, placement, exchange, removal of roll-off containers, and loading and removal of oversized items at locations specified in Attachment 4. The type containers provided shall have back side doors and hydraulic opening tops to be used for storage, transportation and disposal of scrap material. Containers must have the capability of being padlocked and sealed. The U.S.

Government is responsible for receiving scrap material property from “DOD Generators,” offloading generator conveyances, any segregating, sorting, or moving of property it deems necessary to manage the scrap materials, and for placing the materials into containers. For material generated at staging areas within a 50 km radius of a Service Level 1 site, Contractor is responsible for removal; the U.S. Government is responsible for loading onto contractor’s conveyance. Contractor may opt to provide loading assistance at staging areas, when adjacent MHE is available (truck equipped with claw crane) to speed up loading and increase removal quantity, at no additional cost to the U.S. Government. The U.S. Government will order these container rental services once per month for monthly service at identified location in operation as long as this contract is in effect.

7.1.4 SubCLIN 0001[alpha] B Level 2: This service will be ordered independently from Level 1 service. The contractor shall perform pick up (including loading) and removal of non-mutilation/demilitarization required scrap (see list below) at Government maintained collection sites beyond a 50 km radius and within the responsibility of the Level 1 site but not exceeding national borders (See Attachment 4). The Government will coordinate these pickups. The unit of measure 'each' is defined as a load equivalent to two (2) forty (40) cubic meter containers. The waste included in any single order of Level 2 service will be located at one pick- up location, and an order for Service Level 2 is complete when the two 40 cubic meter load limit has been reached. Containers are limited to one CLIN per container.

7.1.4.1 List of CLINS (X denotes variable within CLIN number categories)

X002XA X003XA X004XA X005XA

X006XA X008XA X009XA X010XA

X011XA X014XA X016XA X017XA

X018XA X019XA X021XD X022XA

X023XA X024XA

Attachment 2 Performance Work Statement (PWS)

7.1.5 SubCLIN 0001 [alpha] C Level 3: This service shall be ordered independently from Level 1 Service. Contractor performs pick up (including loading), removal, and disposal of scrap material from site where US troops have generated property, within EU member countries, other European countries, Central Asia, and Caucasus (CAC) countries or African countries (see Attachment 4, page 2, for possible locations). Upon receipt of a task order, it shall be the Contractor’s responsibility to obtain permissions and/or prepare all necessary documentation for removing the material and recycling/disposing of them in a manner compliant with all host nation and/or U.S. Government laws and regulations including applicable environmental, transportation, or customs requirements

7.1.6 SubCLIN 0001[alpha] D Level 4: This service shall be ordered independently from Level 1 Service and applies to DLA Disposition Services Kaiserslautern only. The Contractor must be able to perform demilitarization/mutilation of property Monday through Friday as specified in Attachment 4 (minimum 80 man hours a week). In the event the workload does not require the mentioned man hours, the Contractor personnel will be released by the CDD-Chief or his representative to assist in the Level 1 Service.

7.6.1 The Contractor is responsible to operate the demilitarization performance area and performs required demilitarization/mutilation and reduction to scrap of usable items by either torch cutting, shearing, shredding or other means approved by an authorized U.S. Government official.

7.6.1.1 Disposal of residual material (hazardous waste and/or solid waste not listed under a CLIN for Level 1) shall be the responsibility of the Contractor. Proper Disposal Documentation shall be provided to the Contracting Officer. Employees performing the demilitarization are required to be in possession of all required permits (i.e. torch cutting permits, shredder operator license, etc...) and must comply with all US and German regulations applicable. Employees performing demilitarization/mutilation must complete all required training and be qualified DEMIL certifiers per U.S. Government requirements. (PWS 5.2, PWS 12.3 and PWS 26.2)

8. MANAGEMENT OF COLLECTION POINTS

8.1 This effort will start with the first working day of the basic contract period and will entail the establishment of the collection points, placement of contractor’s containers while performing the receipt of scrap material in accordance with this contract

8.1.1 Design/Organize/Set. The Contractor shall establish and manage an efficient scrap collection point at each DLA Disposition Services sites as listed and described in Attachment 4 and 4b and at forward collection sites as required. Collection points should be designed to utilize current allocated space, establish optimal efficiencies in collecting, transporting, recycling and disposing of the scrap material in an environmentally compliant manner without triggering the requirement for the U.S. Government to obtain any new permits.

8.1.1.1 The U.S. Government does not intend to construct permanent fixtures. The collection point plan should be tailored to the scrap material received, defining specific containers for each

Attachment 2 Performance Work Statement (PWS) type scrap. The Contractor shall submit a plan per DLA Disposition Services site location with the Management Plan as part of their proposal. As such, the Offeror shall demonstrate in this plan how generated scrap will be collected while they are in the process of establishing the collection. The objective is to have placement of adequate containers to begin performance of the contract effective the first workday of the contract performance period. All additional containers must be in place by the close of business on the last day of the first workweek of the contract. All containers must be identified by an attached visible magnetic placard with the minimum overall dimensions 40 cm x 60 cm with 4 cm lettering and at a minimum the following information in English and host nation language:: CLIN for applicable site (example _015KA, _002MB, etc...)

the Basic CLIN description. Additional information may be added as specified by the COR.

8.1.1.2 At each DLA Disposition Services site the scrap yard space utilized will be based on the past history of generations and may be reduced to reflect current requirements. While maintaining compliance, the Contractor decides how many and what type of containers will be used at each collection point.

8.1.1.3 For sites requiring container management only (Attachment 4), Contractor is responsible for provision and placement of containers, the U.S. Government is responsible for loading.

Oversize items (such as vehicles, commercial trailers, boilers, conex containers) are required to be loaded by the Contractor

8.1.1.4 For material generated at staging areas within 50 km radius of a Service Level 1 site, Contractor is responsible for removal; U.S. Government is responsible for loading onto Contractor’s conveyance

8.2 Forward collection sites.

8.2.1 This is incorporated into the Service Level 2, subCLIN 0001[alpha]B, where the U.S.

Government collects and schedules pickups within Europe in contractor-provided containers while the Contractor loads, removes and disposes of the scrap material. The CO shall designate forward collection sites and which types of scrap materials are to be collected/disposed.

8.2.2 This is incorporated into the Service Level 3, subCLIN 0001[alpha]C, where the U.S.

Government collects and schedules pickups within countries noted in Attachment 4, page 2, in contractor- provided containers while the Contractor loads, removes and disposes of the scrap material. The CO shall designate forward collection sites and which types of scrap materials are to be collected/disposed at the time of requirement.

8.3 Removal. As part of the collection site management, the Contractor in conjunction with the COR determines when and how often containers shall be removed for disposal for Full and Limited Service sites.

8.3.1 For Container Service sites, removal/exchange will be determined by COR and will be completed within 48 hours after notification from COR.

8.3.2 For staging areas, removal will be coordinated between COR and Contractor

8.4 Transportation, Pick-up, Weighing and Loading.

Attachment 2 Performance Work Statement (PWS)

8.4.1 The Contractor shall provide all transportation services related to pick up, loading, marking, and any means used to secure the cargo on contractor-furnished conveyances. All transportation shall be in accordance with the European Union, International and Host Nation solid waste transportation regulations. The Contractor shall purchase and prepare all manifests for waste movement. The regulations governed by the International Maritime of Dangerous Goods (IMDG) Code, the International Carriage of Dangerous Goods by Road (ADR) and Rail (RID) and other applicable regulations shall be utilized for all shipments.

8.4.2 While performing under this contract, the Contractor is required to provide his drivers with the appropriate emergency action instructions and any other documentation as required by host nation and international transportation regulations, which ever may apply. All vehicles carrying scrap material must be properly placarded prior to leaving a military installation. The Contractor shall load at the installation (with the exception of the Level 1 staging areas) and weigh the scrap material on a U.S. Government scale. If a U.S. Government scale is not available, the nearest public or certified scales will be used at the cost of the Contractor and witnessed by the U.S.

Government representative. The weight at the time of removal shall be the basis for invoice payment calculations. If there is a discrepancy on the weight at the time of removal, all discrepancies will be resolved by the CO.

8.5 Level 2 Management. When required, the appropriate Sub CLIN 0001 for Level 2 Service shall be ordered in conjunction with scrap CLINs 0002-0024 for pick-up and transportation of scrap material from sites with low scrap generations and no Level 1 collection service. The contractor shall perform this service for any site identified on a Task Order that is beyond a 50-kilometer radius and within the responsibility of the Level 1 site but not exceeding national borders (Attachment 4). When Level 2 service is ordered, the corresponding processing/disposal CLINs from the servicing DLA Disposition Services site’s price schedule (Attachment 1) shall be used. Prior to removal, the contractor is responsible for obtaining customs clearances from the appropriate office. On the day of removal, the contractor is responsible for loading scrap material into a contractor provided container(s) and transporting the containers to the disposal destination.

8.6 Level 3 Management. When required, the appropriate Sub CLIN 0001 for Level 3 service shall be ordered in conjunction with the corresponding processing disposal CLINs (PWS 4.1.2)) 0002- 0025 for pick-up and transportation of scrap material from sites or areas which have low scrap generations and no Level 1, Level 2 collection service. The known eligible Level 3 countries are listed in Attachment 4, page 2, and shall be specified by the CO. The Contractor shall perform this service for any site identified on a Task Order that is within the listed country.

Prior to removal the Contractor will identify the facility and provide the Facility Profile Sheet, copies of permits, appropriate licenses, and certificates (Attachment 12) to the CO. Pertinent information on permits, licenses and certificates are required to be translated into the English language. The Contractor will also obtain all permission from the host country to accomplish removal. Prior to removal Contractor is responsible for obtaining customs clearances from the appropriate office. On the day of removal, the Contractor is responsible for segregating and

Attachment 2 Performance Work Statement (PWS) loading scrap material in a contractor-provided container(s), weighing it on the nearest certified scale (to include portable scales if necessary), and transportation to the disposal destination.

8.7 Level 4 Management. This CLIN will be ordered monthly to accomplish demilitarization/mutilation of usable material at DLA Disposition Services Kaiserslautern daily.

The Contractor will be responsible to operate the demilitarization performance area and will be responsible for the timely and proper demilitarization/mutilation of usable material provided by the Centralized Demil Division (CDD). Workload history data is provided in Attachment 7.

8.7.1 Design/Organize/Set. The Contractor shall manage an efficient demilitarization/mutilation performance point designated by CDD Kaiserslautern. The Contractor’s demilitarization/mutilation point will utilize current allocated U.S. Government space and equipment (Attachment 9), establish optimal efficiencies in performing demilitarization/mutilation (see Standard Operating Procedure in Attachment 7), collecting, moving, recycling and disposing of the residual scrap material in an environmentally compliant and timely manner without triggering the requirement for the U.S. Government to obtain any new permits. It is the Contractor’s responsibility to maintain the provided facility, to include TÜV (Technischer Überwachungsverein – German association for technical inspection) inspection, and equipment in accordance with applicable US and German Laws and Regulations.

Contractor is responsible for providing staff, additional equipment as it deems necessary, supplies ((Acetylene, Oxygen, rods and burning bar rods etc.) (see Attachment 7 for History Data)), services, waste management and movement of residual material to the collection site. It is the Contractor’s responsibility to provide personnel for the purpose of fire watch during all demilitarization/mutilation processes. The Contractor is responsible for segregating and loading scrap material in a contractor-provided container(s), weighing it on the DLA Disposition Services site scale, and moving it to the scrap collection area (see Standard Operation Procedure in Attachment 7). The Contractor will be solely responsible to sample and dispose of hazardous material and solid waste not covered by a CLIN in Level 1 Service generated during this process.

8.7.2 Performance of Demilitarization/Mutilation: The degree and method for items requiring demilitarization/mutilation by torch cutting, shredding, shearing as outlined in DOD 4160.28-M will be communicated to the Contractors employee by the CDD Demilitarization coordinator.

Material provided to the Contractor’s employees on a daily basis shall be demilitarized/mutilated and moved into the proper CLIN’s by close of business on each workday. Areas shall be kept clean and presentable at all time. The Contractor’s personnel are required to possess an excellent knowledge of the English language and will be required to certify the proper demilitarization/mutilation after completion of each item and document such (see Attachment 7).

Contractor employees performing these duties must attend and pass the required DEMIL training courses. Contractor will be responsible for all expenses related to the course for themselves and their employees excluding the cost of the course. Contractor shall ensure sufficient back up personnel is available to perform required demilitarization/mutilation on a workday basis.

8.7.3 There will be a 30-day transition period beginning of the base period established upon contract award to familiarize the Contractor with the demilitarization/mutilation process and requirements. During the orientation period the DLA DEMIL Awareness course and DEMIL

Attachment 2 Performance Work Statement (PWS)

Certifier course will be offered online for all on-site Contractor employees, engaged in the certification process.

9. RECYCLING AND DISPOSAL

9.1 When economically feasible, the Contractor shall recycle scrap material to the greatest extent possible but not less than 75 percent by weight of all scrap materials collected from all sites.

Scrap material shall be segregated, placarded, and accounted for in accordance with the CLIN descriptions in Attachment 1 Price Schedule.

9.2 For reporting purposes under this contract, the Contractor shall keep track separately of scrap and its weight that is incinerated, disposed by landfill and recycled. Landfill and incineration are not considered recycling for the purposes of this contract. The Contractor shall report the volume and percentage of scrap material recycled for each scrap SubCLIN.

10. COMPLIANCE WITH LAWS

10.1 The Contractor shall be knowledgeable of and comply with all applicable Host Nation and European Union Directives, National, State, and local laws, regulations, and requirements regarding regulated wastes to include the Law on the Circulation of Materials and Waste-- Kreislaufwirtschafts- und Abfallgesetz, Craw- /AbfG relating to the duties, obligations, and performance under this contract. The Contractor shall complete the Notification of Regulated Waste Activity form for the generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal. The Contractor shall identify and obtain all licenses and pay all fees and other charges required. This includes all environmental, safety and health laws and regulations (i.e. the 4.Ordinance of the German Federal Clean Air Act (4.BimSchV), the Law on Circulation of Materials and Waste (Krw-/AbfG) and the Ordinance on Transport Licensing (TgV)). Any liabilities or claims resulting from the Contractor's failure to do so are his responsibility.

10.2 In the event environmental laws/regulations change during the term of this contract, the Contractor is required to comply as such laws come into effect. The Contractor shall also furnish a copy of the law, excerpt, or impact statement that affects performance to the Contracting Officer within 5 working days after public notice or becoming knowledgeable.

11. CUSTOMS

11.1 The property included on this contract is surplus property formerly owned or purchased by the U.S. Government under customs exemptions contained in international agreements.

Therefore, removal of property from US Installation (and US control) may require advance approval of the appropriate customs officials, preparation of customs documentation, posting of bonds, and payments of customs duties.

11.2 The U.S. Government has determined the material to be scrap under its internal regulations.

Regardless of how the U.S. Government has characterized it, officials may still impose fees, charges, or custom duties, etc. DLA Disposition Services makes no representation that this material is exempt from such duties. The U.S. Government will make every effort to provide

Attachment 2 Performance Work Statement (PWS) information required by customs officials. However, the Contractor awarded this contract shall be solely responsible for obtaining custom approval, paying any fees, duties, or other charges required by customs officials, and for timely coordinating of such approval in order to comply with the performance timeframe required by PWS 38, Period of Performance, of this contract. A copy of the obtained customs clearance must be furnished to the COR prior to removal. Note that there may be local differences in customs procedures, practices, or interpretation of National and International law. It is recommended that the Contractor consult the appropriate custom official for the sites included on this contract to ensure an understanding of the efforts that may be required and the amount of time needed, to obtain customs approval of property removed from the various location of this contract

12. DEMILITARIZATION/MUTILATION

12.1 Specific demilitarization instructions for fired cartridge casings, tank track, road wheels and sprockets are included in Attachment 7. Also included in Attachment 7 are generic demilitarization/mutilation instructions for Level 4 service. All demilitarization will be totally destroyed to include components, so as to preclude restoration or repair to a usable condition by melting, cutting, shredding or crushing. The demilitarization coordinator from the CDD shall determine the method and degree of demilitarization/mutilation and whether the process will be performed off-site or on-site.

12.1.1 If determined by the demilitarization coordinator that demilitarization must be accomplished off site, a specific demilitarization plan will be established and approved.

Demilitarization/Mutilation must be accomplished within a 100 km radius of the generating DLA Disposition Services site. If in the best interest of the U.S. Government other exceptions may be granted upon request. The sixth (6) character of the CLIN identifies property requiring special handling demilitarization/mutilation, with the letter "B”.

12.2 Demilitarization/Mutilation Plans off Site. The Contractor is required to begin demilitarization/mutilation on specified items within five (5) working days of removing from the military installation collection point. Property removed must be secured during the time at the Contractor’s facility. Property identified by the U.S. Government as demilitarization/mutilation required shall be stored separately. The Contractor shall submit a demilitarization/mutilation plan describing how and where they will demilitarize/mutilate specific items. The Contractor personnel performing demilitarization/mutilation certification will be required to attend U.S.

Government sponsored training (PWS 12.3 and PWS26.2). The Contractor shall ensure that each site performing demilitarization/mutilation of scrap has a minimum of two (2) employees that are U.S. Government approved demilitarization/mutilation certifiers. The Contractor will be responsible for providing certification of demilitarization/mutilation. An authorized US employee, appointed as verifier, will verify that demilitarization/mutilation is completed correctly.

12.3 Demilitarization/Mutilation Plans on Site. The Contractor’s personnel shall perform demilitarization/mutilation on a daily basis at the CDD Kaiserslautern. Method and degree of demilitarization/mutilation will be obtained from DOD 4160.28 M and will be communicated to

Attachment 2 Performance Work Statement (PWS) the Contractor’s personnel by an authorized CDD Demilitarization Coordinator. Some items may contain solid wastes, hazardous components and/or waste. The Contractor is solely responsible for the disposal of all hazardous materials and wastes generated by the demilitarization/mutilation process. Hazardous property disposal shall be conducted in accordance with all European, National, state and local environmental laws and regulations. The Contractor personnel performing demilitarization/mutilation certification will be required to attend U.S. Government training. The Contractor shall ensure back up personnel are available and in possession of the required training. The Contractor employee will be required to sign the DRMS Form 145 (see Attachment 7) or other applicable certificates after demilitarization/mutilation has been performed, as the certifier.

12.4 Transportation. The contractor shall transport all material inside lockable conveyances except for any oversize item that exceeds the volume or weight capacity of a 40 cubic meter container. The Government representative, acting as verifier, will escort all oversize items requiring demilitarization.

12.4.1 Container Security - Lockable conveyances will have the capability to be sealed by the Government with Government’s seals to ensure security of property requiring off-site demilitarization and mutilation. The Contractor and Government representatives shall witness the sealing of the lockable conveyance at the Government facility. The Government representative acting as the verifier will witness the breaking of the seals prior to re-weighing and unloading at the contractor’s facilities. Any broken seals or discrepancies with respect to the sealing of the conveyance will be explained in a report to the CO within 24 hours of discovery.

Regardless of any other provision of this contract, the Government shall not be deemed to have accepted services nor be liable for payment for services until any discrepancies related to sealing of the conveyance have been resolved to the Government’s satisfaction. The Government may reduce the contract price for any discrepancies that are not resolved to its satisfaction and take consideration (decrement the contract price) in the amount of 10% – 100%. In any case where a discrepancy relating to broken seals or the potential loss of trade-controlled material has not been resolved to CO’s satisfaction, the CO will refer the matter to the competent authorities.

12.5 Weighing. Each conveyance shall be weighed before the vehicle is loaded and after loading is complete. All conveyances shall be weighed upon entering the disposal facility and prior to departing the disposal facility. If scales are not available on the military installation, the contractor shall use certified scales closest to the military installation and pay for any fee required at no additional cost to the Government. In the case of “demilitarization and mutilation required” material, lockable conveyances will be locked and sealed. Seals are applied by the government representative. The weight of each shipment shall be recorded on the shipping document, as well as the seal numbers (see Attachment 8, DLA Form 1367). The net weight of each shipment shall be recorded on the shipping document, with a completed weight ticket attached. The driver shall inspect the load prior to departure from the Government’s facility and assure all shipping documents are properly filled out and maintained during shipment. Upon re-weighing of demilitarization and mutilation required material at the contractor’s treatment plant, discrepancies of greater than 5% shall be reported by the US Government representative

Attachment 2 Performance Work Statement (PWS) immediately to the Contracting Officer with a detailed written report provided within 72 hours of the discovery.

12.6 Inert Munitions Certification.

12.6.1 Material Potentially Presenting an…