1. PWS PR24-BE-031.docx

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

1.0 REMOVAL PHASES

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

1.1.1.1 CLIN DISPUTES

1.1.2 PERMIT/SPECIAL REQUIREMENTS

1.1.2.1 REPORTING REQUIREMENTS

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

1.1.4 NOTIFICATIONS

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

1.1.6 HOURS OF OPERATION

1.1.7 CONTRACT RELATED INFORMATION DESCLOSURE

1.1.8 DBIDs INSTALLATION ACCESS

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

1.1.10 CONTRACT PERSONNEL

1.2 REMOVAL

1.2.1 SPILL RESPONSIBILITY

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2.0 DISPOSAL/RECYCLING

2.1 CERTIFICATE OF DISPOSAL/DESTRUCTION (CD) OR RECYCLING

2.2 EMPTY CONTAINERS

2.3 PCB-RELATED WASTE

2.4 AFFF AND OTHER PFAS-RELATED WASTES

2.5 COMPRESSED GAS CYLINDERS AND CARTRIDGES

2.6 RECYCLING OR RECOVERY

2.6.1 RESERVED

2.6.2 TREATMENT TECHNOLOGIES

2.7 DEMILITARIZATION

2.7.1 RESERVED

2.7.1 MILITARY ITEMS

3.0 SPECIAL SERVICES

3.1 – 3.10 RESERVED

3.11 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2

3.12 INDUSTRIAL CLEANING SERVICES (ICS), WEEKLY, CREW OF 2

3.13 RESERVED

3.14 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3

3.22 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2 or 3

3.23 PERFORM ANALYSIS

3.24 PREPARE WASTE PROFILE SHEET

3.25 PERFORM WASTE CHARACTERIZATION TO IDENTIFY WASTE AND PROVIDE HWPS

3.26 LAB PACKING//LOOSE PACKING SERVICE

3.27 PERFORM WASTE MANAGEMENT-RELATED SERVICES

3.28 RESERVED

3.29 RESERVED

3.30 RESERVED

3.31 RESERVED

3.32 RESERVED

3.33 RESERVED

3.34 PROVIDE GENERATOR ELECTRIC MANIFEST ACCESS

3.35 CONTRACTOR PROVIDED PACKAGING CONTAINERS/MATERIALS

3.36 PEPARATION OF ANNUAL WASTE REPORT

3.37 PERFORM MANAGEMENT-RELATED SERVICES, RECEIVING SERVICES

4.0 ACCEPTABLE PERFORMANCE LEVELS

5.0 QUALIFIED FACILITIES AND TRANSPORTER LISTS

5.1 POST AWARD USE OF FACILITIES AND TRANSPORTERS

5.2 FACILITY REMOVAL

5.3 TRANSPORTER REMOVAL

6.0 ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF U.S. USG INSPECTION

6.3 CONTRACTOR REPRESENTATIVE

6.4 INCIDENTAL FEES

7.0 PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES

ACCEPTANCE, INVOICING AND TRACKING

8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

8.2 ACCEPTANCE AND INVOICING

9.0 CONTRACT MINIMUM/MAXIMUM

10.0 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES

11.0 PERIOD OF PERFORMANCE

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the Hessen Regional Hazardous Waste (HW) Disposal Contract and requires the removal, transportation, recycling, and disposal of hazardous and regulated substances, and Per- and Polyfluoroalkyl Substances (PFAS) located in or around military installations in the state of Hessen and the state of Rheinland-Pfalz, Germany or within a 80-kilometer (50-mile) radius of any pickup point listed on this contract. Pickup point locations for waste removals and other required services are identified in Attachment 3 of the contract. The Contractor is advised that some requirements for information may be required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8, and 5.1.

b. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period.

c. Pricing for containerized wastes will most commonly be based on kilograms. Pricing for bulk wastes will most commonly be based on liters, kilograms, or cubic meters, as applicable.

d. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance-based contract.

e. The USG agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and federal laws and regulations relating to the generation, storage, and transportation of waste.

f. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) with Final Governing Standards (FGS) for the Host Nation of Germany. Additionally, the Contractor shall perform work under this contract in accordance with Host Nation law, European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the generation, storage, transportation, and disposal/recycling of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards, laws, regulations, and agreements apply to not only the country in which the waste is generated, treated, and disposed, but also to 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 latest version of the OEBGD is available on the DoD Directives Website at http://www.esd.whs.mil/DD/ and the FGS available at the time of this PWS issuance for the Host Nation of Germany where services will be required for this contract are included as Attachment 4. For the remainder of this PWS when referencing FGS these standards apply. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the USG and will require recycling or disposal as identified via the ordered Contract Line-Item Number (CLIN).

g. The Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, containers, 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 shall be qualified via training and experience, commensurate with the duties they will perform.

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

j. Publications and attachments applicable to this contract will be made available upon request. During the solicitation and life of this contract, the USG may make requirement changes, additions, and/or deletions to those initially identified.

k. Industrial Cleaning Services (ICS) CLINs, when offered under this contract, require Contractor provision of all labor and equipment necessary to perform these services as specified under Section 3.0, Management Services.

l. Minimum TO charges under this contract will be $1,000.00, except where exceptions are otherwise specified in the contract, including but not limited to most management services, expedited removals and performance.

m. Required time frames for Contractor performance of services including waste removal are expressed in business days. For timekeeping purposes in the performance of services, the day in which the Task Order (TO) is issued to the Contractor will constitute “Day 0” (zero), and the following business day will constitute “Day 1”. All business days thereafter, whether in whole or in part, will constitute one (1) day for timekeeping purposes. A business day will be defined as any day in which normal business is conducted. It does not include weekends, federal holidays, or other days in which the Contractor is denied installation access due to force protection or other conditions.

n. Time frames pertaining to equipment rental periods are expressed in calendar days. For timekeeping purposes related to equipment rental, the day of equipment placement, regardless of time, will constitute “Day 0” (zero), and the following calendar day will constitute “Day 1”. All subsequent calendar days thereafter, whether in whole or in part, will constitute one (1) day toward the ordered rental period. For purposes of this contract, a calendar day will be defined as every day of the calendar year.

1.0 REMOVAL PHASES

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

1.1 PRE-REMOVAL

1.1.1 CLIN SELECTION CRITERIA

a. CLINs are assigned to waste streams by the waste description, generation process, and physical state. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Base CLINs offered to Generators for use in the Price Schedule have a corresponding potential European Waste Code(s) (EWC). Potential EWCs for purposes of this contract does not imply that any or all those waste codes so listed will apply. This information is offered as additional reference information. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows:

(1) Alcohol and Solvents (AS) – Used for alcohol and solvent wastes.

(2) Batteries (BA) – Used for all battery types.

(3) Corrosives (CA, CB) – Used for corrosive acid and base wastes.

(4) Chlorine Containing (CL) – Used for chlorine containing wastes. Includes chlorine gas in cylinders.

(5) Compressed Gas Cylinders/Cartridges (CY) – Used for all types of compressed gas cylinders, vessels, canisters, and cartridges.

(6) Heavy Metal (HM) – Used for heavy metal containing wastes. Includes (but not limited to) mercury, chromium, chromium VI, lead, iron, and beryllium

(7) Miscellaneous Wastes (MS) – For purposes of this contract includes both hazardous and non-hazardous EWC wastes that are not necessarily associated with or identified by its physical or chemical characteristics.

(8) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of polychlorinated biphenyls (PCBs) that is equal to or greater than 50 parts per million (ppm). Some Generators of PCB-related wastes may choose to utilize “PC” Base CLINs, even when PCB concentrations fall below regulatory thresholds.

(9) POL (PL) – Used for petroleum, oil, and lubricate wastes.

(10) Printing and Photographic (PP) – Used for printing and photographic products. Includes halogenated and non-halogenated toners, inks, fixers, bleaches, and developers.

(11) Pesticides (PS) – Used for pesticides, herbicides, fungicides, and insecticides

(12) Paint Waste (PT) – Used for halogenated and non-halogenated paints, glues, adhesives, and resins.

1.1.1.1 CLIN DISPUTES

a. 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 the Generator. If the COR and the Generator concur with the CLIN change request, a TO Modification will be issued.

b. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and COR within 15 business days from the Treatment, Storage and Disposal Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “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 USG’s final determination.

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

1.1.2 PERMIT/SPECIAL REQUIREMENTS

a. Without additional expense to the U.S. USG, the Contractor shall be responsible for paying all fees, preparing, or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes signing (on behalf of the U.S. USG) waste profiles requested by TSDFR. All Contractor-signed waste profile sheets shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with German or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to Germany or any state agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR.

f. Disposal Manifest and Collective Disposal Manifest: At beginning of contract, prior to any HW removals, Contractor will provide the DPW-Environmental Division the digital 5-year disposal manifest (Entsorgungsnachweis) for waste stream >20 tons per calendar year and collective disposal manifest (Sammelentsorgungsnachweis) for each waste streams <20 tons per calendar year which will be disposed of by U.S. USG installations. The contractor shall prove the appropriate disposal of HW by using the disposal manifest (Entsorgungsnachweis, EN) or the collective disposal manifest (Sammelentsorgungsnachweis, SN) prior to disposal of HW for each waste type, comprising a completed cover sheet for records of proper waste management (Deckblatt Entsorgungsnachweis, DEN), declaration of the waste generator (Verantwortliche Erklärung, VE) that includes a declaration analysis of the waste (Deklarationsanalyse, DA), declaration of acceptance from the waste disposal facility (Annahmeerklärung, AE), and, if required, confirmation from the appropriate German authority responsible for certifying the disposal facility (Behördenbestätigung, BB). See Germany FGS for additional information.

g. European Waste Code and Treatment, Storage, Disposal and Recycling Facility Listing by Contract Line-Item Number: Within 14 calendar days after award, the Contractor shall email the COR and designated DPW- Environmental Division a spreadsheet listing the European Waste Code (EWC) and Treatment, Storage, Disposal and Recycling Facility (TSDRF) to be used for each disposal/recycling CLIN (i.e., CLINs BA01 – PL99, N04000 to N39999 & N80000 to N80999). This spreadsheet must be updated and resubmitted to the COR and designated garrison representatives within five calendar days of a change in EWC or TSDRF for any disposal/recycling CLIN. The spreadsheet must be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user.

1.1.2.1 REPORTING REQUIREMENTS

a. The contractor shall provide the designated garrison representative, COR and the CO a report that summarizes hazardous waste/material movements from the point of generation to the final TSDRF. The Monthly HW Report Form (Attachment 9) 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 (all fields must be reliable and accurate). The report shall be provided electronically latest by the 15th day of the following month and must 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

· CLIN

· Waste Description (as per CLIN)

· European Waste Code

· Container Type

· Quantity of Containers

· Disposal/Recycle Weight in kilograms (kg)

· Disposal/Recycle Cost in contract currency

· Manifest Number

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

· Final TSDRF

· United Nations (UN) Number

· Proper Shipping Name

· Hazard Class

· Packing Group

· Tunnel Restriction Code

· Additional Information (as necessary)

b. The contractor shall provide an annual report summarizing hazardous/special waste movements from point of generation to disposal facility. The output shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR and the DPW- Environmental Division electronically and on a CD ROM on 15 January of each year. The report shall contain all of the data elements identified in the monthly hazardous report form.

1.1.3 SHIPPING/DISPOSAL DOCUMENTATION

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

b. The contractor shall be ready for signature under ZKS (Zentrale Koordinierungsstelle der Länder) at least two (2) days prior to the removal of the waste from the installation.

c. The contractor shall prepare, complete, and provide original shipping papers (Uebernahmeschein/Begleitschein, other related documents) to the designated garrison representative signing the shipping papers and copies plus signed 1155 to the COR and the DPW-Environmental Division personnel at time of shipment.

d. All hazardous waste leaving the installation shall be accompanied by a serial numbered manifest/shipping paper to ensure a complete audit trail from point of origin to ultimate disposal. German State or international form(s) are required.

e. The contractor shall be notified of any COR requested corrections to the shipping paper before pickup, if possible. Removal may be halted by the COR until the required documentation is provided.

f. 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.

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

h. The designated garrison representative is responsible for signing the Uebernahmeschein/ Begleitschein. The designated garrison representative has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation, safety or environmental regulations to COR and designated garrison representative.

i. The use of mock EPA identification (ID) numbers:

1. When adding a TSDF to the Qualified Facility List (QFL), a unique mock EPA ID number will be created by DLA Disposition Services for any non-RCRA TSDF within United States (US) territories (CONUS, AK, HI, GU, and PR) and for any TSDF located outside of United States territories. Some states have issued EPA IDs to TSDFs outside US territories to track HW shipments. In these scenarios, mock EPA IDs will not be created to replace the state issued EPA ID.

1. When adding transporters to the Qualified Transporter List (QTL), a unique mock EPA ID number will be created by DLA Disposition Services for any non-reg only transporter within United States territories and for any transporter located outside of United States territories.

1. Mock EPA ID numbers for TSDFs and transporters will be used on DLA Form 2505, Manifest Tracking Log, when submitted to DLA for invoicing purposes.

1. Mock EPA IDs for TSDFs and transporters must be entered on manifests. Regulations may dictate where the mock ID will be entered on a manifest, example: When exporting from US territories, 40 CFR section 262.83(c) requires only the destination company name and address be used in block 8 of the Uniform Hazardous Waste Manifest (EPA Form 8700-22) when the export destination does not have an EPA ID. In this scenario, the mock EPA ID number will be entered in Block 14, “Special Handling Instructions and Additional Information.”

1.1.4 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR or other USG representative, at least four (4) business days BEFORE attempting site visits, providing services, or removal efforts.

1. In addition to the notification above for removal efforts, the Contractor shall provide the name of the driver, the driver's Commercial Driver License (CDL) number and its expiration date and the ADR certificate to the COR or other USG representative 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, or other USG representative prior to any attempted removals. If this option is elected and the list is approved by the USG and maintained by the Contractor, the 48-hour notification requirement is not required for the remainder of the contract unless otherwise modified.

2. If a driver, other than the one specified 48 hours in advance for the specific TO; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated USG representative will verify the personnel switch with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor.

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

Note: Not all these Expedited Service CLINs may be offered under this contract. Refer to the Price Schedule.

See Section 1.2.10 for additional information on expedited service CLINs.

1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY

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

b. The USG has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The USG 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 USG believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for USG reimbursement to the Contractor.

1.1.6 HOURS OF OPERATION

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

US Holidays

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

German Holidays

*The contractor shall provide prior to the beginning of the year, a list of all local holidays that vary from year to year.

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

1.1.7 CONTRACT RELATED INFORMATION DISCLOSURE

The Contractor may not publicly release or share any data, reports, or other information relating to the contract with other firms or individuals who are not performing as subcontractors under the contract with a need to know and must keep such information confidential. Other than waste disposal data or other information that is required pursuant to laws and regulations implemented by regulatory authorities and applicable to all businesses, the release of any information pertaining to this contract is conditioned on the Contracting Officer providing approval in writing prior to release. The Contractor shall immediately notify the Contracting Officer upon receipt of any request for information from any entity, including regulatory authorities or the Press, to include any order to disclose information received from any competent judicial or administrative authority (e.g., federal, state, local or host nation officials or entities in a foreign country). Disposition Services will respond promptly to advise the contractor regarding whether it authorizes the requested disclosure of information. The contractor is also prohibited from sharing information related to the contract in any forum or industry symposium without approval from the Contracting Officer.

1.1.8 DBIDS INSTALLATION ACCESS

a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel and credential status, law enforcement warrants, lost/stolen cards, and force protection conditions.

b. DoD installations now require all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations. DBIDS replaces the former Rapid Gate access system and requires a security background check for all Contractors and their representatives. The Contractor should plan accordingly. For DBIDs enrollment, go to https://dbids-global.dmdc.mil/enroll.

c. Additional credentials and documentation may be required at some installations. The Contractor will consult the COR for additional info regarding additional credentialing requirements.

d. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

f. Failure to comply with these requirements may result in withholding of final payment.

1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM

DLA Disposition Services implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in agency Environmental Management System (EMS) Core Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities' EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local KO's Representative (COR).

1.1.10 CONTRACT PERSONNEL

a. All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, and in accordance with applicable DoD guidance and HN environmental and safety rules and regulations. Contract personnel performing work under this contract will have at a minimum Technical Rules for Hazardous Substances 520 (TRGS 520) basic training. Contract personnel performing duties under the management service CLINs appearing on the Price Schedule shall require additional training and competency skills. See Section 3 of this PWS for additional information. The Contractor shall be responsible for all initial and refresher training required of Contractor personnel and it shall be completed in the appropriate timeframes. Upon request by the USG, the Contractor shall provide proof that these trainings were completed.

b. The Contractor shall provide a list of the names and telephone numbers of the contract manager, the alternate contract manager and the on-site technical representative (OST) to the COR. This list shall be updated within 5 calendar days of a change in personnel.

c. The Contract manager and his alternate shall have full authority to act for the contractor on all contract matters relating to the operation of this contract, i.e., all contract arrangements and required coordination. The contractor agrees that notice by the USG 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.

d. Contract personnel shall present a neat appearance and be easily recognized as contractor's employees. Contractor and sub-contractor personnel shall have the ability to communicate (i.e. cellular telephones) with the CORs, DPW-Environmental Division point of contact (POC), and the Contract Manager when they are on-site or transporting hazardous waste.

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

f. All Contractor personnel are required to have appropriate current and valid working permits and shall be qualified via training and experience, commensurate with the duties they will perform.

1.2 REMOVAL

DD Form 1155, Task Order Form (Attachment 2) shall be completed for all items ordered or services performed on a Task Order, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service the contractor shall complete the applicable fill-ins on the DD Form 1155 for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes. These quantities so annotated shall be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the contractor shall obtain the Generator's signature to confirm the type of wastes and quantities removed, and to verify the removal services. No payment for removal of waste shall be paid without the certified form.

1.2.1 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for containment, cleanup and disposal of all spills, leaks, spill residue, and/or debris, and includes appropriate container packaging, labeling, and documentation for shipment during the performance of this contract that occurs as a result of, or is contributed to by the actions, of its agents, employees, or representatives. The Contractor agrees to clean up such spills as outlined in the following, the site specific Spill Response Plan(s), and in accordance with applicable local laws and regulations at no cost to the USG.

b. Contractor shall dispose of all spill residues and debris at no additional cost to the USG and provide proof of disposal.

c. The contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment and disposal of waste under this contract. This plan shall be used in conjunction with the USAG Wiesbaden Spill Notification Procedures (Attachment 10 - Red Plan for Immediate Spill Response Actions).

d. The contractor shall immediately notify the DPW-Environmental Division POCs, CO, and the COR of any spills or releases resulting from the performance of this contract (for both spills occurring on USG controlled property and non-USG controlled property). Contractor shall provide a written report to the DPW-Environmental Division POCs, CO, and COR, no later than 24 hours after the spill or release.

e. At a minimum, the immediate notification to the CO, COR, and DPW-Environmental Division POCs shall include: Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, storm drains, etc.); personal injury involved, outside assistance required (if any); Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill.

f. At a minimum, the written report to the CO, COR, and DPW-Environmental Division POCs shall include: Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, storm drains etc.); personal injury involved, Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill; outside assistance required (if any); personal injury involved; and the names and telephone numbers of all national, regional or local officials contacted.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to compatibility and kept physically separate from any other items until the initial Treatment, Storage, Disposal & Recycling Facility (TSDRF) is reached. This includes separation inside the shipping container. The items must be so marked, that they are readily linked to this contract throughout this period. The Contractor shall annotate the Task Order and line item number on each item being removed for disposal. USG reserves the right to inspect the vehicle to ensure segregation is completed and correct.

1.2.3 STATEMENT ON CONTAINERS

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

b. All Contractor provided containers shall be labeled by the Contractor. The labels shall be resistant to fading from moisture and sunlight. All containers of hazardous waste shall be labeled in English and German, with the following 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 identification (ID) number; the DPW-Environmental Division POC; the fire and emergency services telephone numbers for the installation, all precautionary and health (P & H) phrases (in accordance w/ Global Harmonization System (GHS)) that are applicable to each waste stream, and the CLIN number and CLIN description. Also, the Gefahrensymbole (hazard symbols) for the associated P & H phrases shall be affixed to the containers. There shall be no other labels, signs or symbols incorporated onto the hazardous waste label.

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

d. The Contractor shall be required to provide all the containers at locations identified as “contractor provided containers”. The Contractor shall insure that sufficient quantity and type of containers are maintained for proper execution of the contract.

e. The USG has determined the pick-up locations within each US Installation per pickup point locations (Attachment 3). The Contractor shall provide containers for HW for these locations within 15 business days of being provided a listing of waste streams per each Installation. HW container quantities shall be estimated based on bid schedule quantities identified for each contract period. Container collection capacity, placement and removal shall be executed in accordance with the Management Services sections of this contract.

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

g. All containers and signs deliverable under this contract shall be marked or tagged with the following information:

1. contract number,

2. task order number,

3. the name and address of prime contractor, and

4. the CLIN number and description of item

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

1.2.4 U.S. GOVERNMENT EQUIPMENT & PERSONNEL

a. The USG shall not typically furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of USG-owned loading equipment (Section 1.2.6) and USG-owned scales (Section 1.2.7), and where applicable, various management services. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The Contractor is responsible for providing all equipment necessary to safely move and transport all containers while performing duties under this contract.

b. The Contractor shall ensure that Contractor and USG provided equipment (scales, forklift, and truck) shall be managed in a prudent and responsible manner. In the event, in which, USG equipment is used by the Contractor and becomes damaged while conducting waste management services or while in the care of the Contractor, the Contractor shall be held responsible for its repair.

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

a. Treatment of hazardous waste, except for elementary neutralization, on USG facilities is not permitted.

1.2.6 LOADING

a. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The USG will not load at any location on any day in which the facility is closed unless otherwise specified. Unless otherwise provided in this contract, the USG will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor. For purposes of this contract, conveyance meanings any mode of transportation the Contractor uses, such as vehicles, trucks, ships, rail cars, etc.

b. Where it is provided that the USG will load, the USG will make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the USG (e.g., only load open top-style conveyances/trucks or trailers with a drop gate).

1.2.7 WEIGHING OF ITEMS

a. Verification of task order weights is required. The Contractor shall weigh the wastes in the presence of the COR prior to departure from the installation. The Contractor shall use Contractor-provided calibrated portable scales. The annual calibration certificate shall be available for COR inspection when portable scales are used. Should contractor scales not be available and the container to be weighed is too large for a portable scale, then calibrated public scales can be used at no additional cost to the USG. In this case, the Contractor shall provide weight tickets to the COR within 2 work days of removal.

b. The weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging, shall not be removed by the Contractor prior to disposal, and is required by regulation, such as ADR, International Maritime Dangerous Goods (IMDG) Code, or German law. Containers and pallets that are to be destroyed or disposed along with the wastes/materials that they contain shall be included in the net weight. Containers and pallets that are being used at the convenience of the Contractor, but are not disposed of with the waste, shall not be included in the net weight.

1.2.7.1 TASK ORDER (TO) ADJUSTMENTS

a. All task order quantities are estimated amounts. The Contractor can expect that the task order quantities will be required to be adjusted upward or downward as removals take place and the actual quantities being removed are determined.