Additional_Clauses.pdf

PASSES FOR ENTRY INTO MILITARY PREMISES

(a) All contractor personnel are required to have appropriate current and valid working permits and training for the jobs they will perform. Contractor personnel that are required to work on a military installation must acquire authorization for entry and must use this authorization only for the purpose of performing under this contract.

(b) Not later than 5 calendar days after award of the contract and prior to commencement of any work, the contractor shall furnish to the Contracting Officers Representative (COR), in writing and in triplicate, a list of the personnel employed in the performance of the work under this contract. Installation access requirements can vary between installations and the exact requirements for submitting identification papers, passports, background checks, etc. will be provided after award of the contract.

(c) Not later than 5 calendar days after award of the contract and prior to commencement of any work, the contractor shall furnish to the Contracting Officer’s Representative (COR), in writing and in triplicate, a list of private and commercial vehicles, including those belonging to subcontractors, that will be used during contract performance. Installation access requirements can vary between installations, and the exact requirements for submitting permits, licenses, insurance documents, and driver identification will be provided after contract award.

(d) The contractor will establish procedures to control and account for installation passes and to ensure that they are immediately retrieved and returned when their employees no longer need them (for example, when an employee transfers or is no longer employed by the contractor). These procedures will include the actions required by applicable base regulations for lost and stolen passes. Copies of applicable base regulations shall be obtained from the COR after contract award. The contractor shall inform employees that they are subject to search when entering and leaving U.S. installations.

(e) The issuance and surrender of passes shall be accomplished in accordance with procedures established by each installation Commander.

CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum for the base period and each of the priced options shall be 10% of the total estimated value of the contract period. The maximum for the base and each of the priced options shall be 200% of the total estimated value of each contract period.

In either case, the minimum/maximum is based only on the total estimated value of the period, and not on the estimated amounts of each CLIN.

CONTAINERS

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.

CONTAINER PLACEMENT

The contractor shall provide all containers needed to the locations identified in PWS Section 1.5. The containers must meet the requirements outlined in the PWS and all containers must be placed no later than 21 calendar days from date of award.

VEHICLES

The contractor is responsible for ensuring all vehicles transporting wastes are properly placarded in accordance with applicable European Union transportation laws and regulations and meet all ADR/IMDG/RID or other applicable requirements.

MARKING AND IDENTIFICATION

All containers and signs deliverable under this contract shall be marked or tagged with the following information: (a) contract number, (b) task order number; (c) the name and address of prime contractor and (d) the CLIN number and description of item.

INSPECTION AND ACCEPTANCE (CERTIFICATE)

(a) The inspection of removal and the purchase of supplies shall be performed by the Contracting Officers Representative (COR) in accordance with contract clauses FAR 52.246-2 or -4 by certification on the DD Form 1155, Task Order Form, for removal and transportation of wastes, sampling and analysis, and the purchase of containers and signs.

(b) Final acceptance of services/supplies rendered shall be by DLA Disposition Services J-761 certification on the contractor's invoice. DLA Disposition Services J-761 shall verify that the supplies received and the removal and disposal has been completed in accordance with the terms and conditions of the contract by checking for:

(1) Completion of all blocks on the DD Form 1155 for each line item removed/accepted and last continuation page COR signature.

(2) Checking that the Manifest/Shipping Papers, DRMS Form 1683E, Manifest Tracking Log (Attachment 3), or any other pertinent transportation/disposal documents have been correctly completed, and

(3) Checking that all copies of chemical analyses required have been submitted.

(4) Checking that only facilities approved under contract clauses entitled ‘USE OF FACILITIES AND TRANSPORTERS,’ ‘ADDITIONAL TSDRs AND TRANSPORTERS,’ USE OF TRANSPORTERS AND TREATMENT, STORAGE, DISPOSAL & RECYCLING (TSDR) FACILITIES,’ ‘and ‘TSDR FACILITIES.’

(5) Checking that only transporters approved under the contract clauses cited in (4) above are used.

PLACES OF GOVERNMENT INSPECTION

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

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

(c) The contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government's right to conduct inspections at Government, contractor, or subcontractor facilities does not relieve the contractor of this responsibility. Neither Government failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the Government thereafter to reject services, nor relieve the contractor of its obligation to perform work strictly in accordance with the contract.

(d) The contractor, in its agreements with subcontractors, shall ensure that the inspection rights described herein are afforded the Government and or its representatives by each subcontractor performing services under this contract.

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

PERIOD OF PERFORMANCE

(a) The contractor shall begin contract performance upon issuance of each written task order and provide all services listed on the price schedule in accordance with all terms and conditions of this contract. Task orders against this contract may be written for a period up to 18 months from 1 June 2015 (NOTE: Date may be extended if option periods are exercised).

(b) If applicable, immediately upon award of the contract, the successful contractor must apply for Transboundary notifications (i.e., Basel notifications) and provide COR with biweekly reports on the status.

(c) The services listed below shall be accomplished within the number of days (from issuance of a task order, except as noted) as shown below:

(1) Complete removal/service – to include waste removal, container provision or replacement, waste segregation and packaging/repackaging – no later than: 25 calendar days

(2) Sampling and Analysis, Result returned in: 14 calendar days

(3) Generators copy of manifest returned to the DLA Disposition Services COR – after receipt of waste by the treatment facility: 30 calendar days

(4) Submission of Invoices with Manifest Tracking Log: 180 calendar days

(5) Submission of Disposal Facility’s Basel Notification of completion of disposal (if applicable): 240 calendar days

(6) Annual Host Nation Environmental Reports (N6650): 45 calendar days

(d) All waste shall be removed from the Government facilities within the number of days shown in (c) above from issuance of a written task order except as noted below. Removals, regardless of their performance timeframe, will not commence until the COR or other Government representative has confirmed the identity of the contractor’s driver via a current Commercial Driver’s License (CDL).

Disposal of all items identified in this contract shall be completed within the number of days shown in (c) above, after issuance of each written task order.

(e) Expedited removals – CLINs N6000 and N6010

(1) Two work day expedited removals: N6010

i. Complete removal/service no later than: 2 work days

ii. Submission of W/Manifest Tracking Log: 180 calendar days

iii. Submission of Disposal Facility’s Basel Notification of completion of disposal (if applicable): 240 calendar days

(2) Five work day expedited removals: N6000

i. Complete removal/service no later than: 5 calendar days

ii. Submission of W/Manifest Tracking Log: 180 calendar days

iii. Submission of Disposal Facility’s Basel Notification of completion of disposal (if applicable): 240 calendar days

(f) Waste Management Service Implementation and Ordering Timeframes: The contractor shall commence rendering WMS upon the date of issuance of the Task Order. All Task Orders for WMS shall be issued for a minimum period of six (6) months, however, the only exception is when there is less than six months left in the contract period, the follow-on Task Order may then be issued for the remaining number of months left in the contract period with compensation to the contractor prorated accordingly.

All waste shall be removed from the Government facilities in accordance with a written task order for each removal in accordance with (c) above.

(g) Minimum Task Order Service Charge: CLINs N6000 and N6010 shall be ordered in conjunction with a task order that does not meet the €1,000 minimum requirement.

(h) The minimum task order amounts do not apply to Laboratory and Analysis services under CLINs N6600--N6621X and all other items within the range of these CLINs.

CONTRACT EFFECTIVE PERIOD

(a) This contract shall be effective for a period of 18 months commencing on 1 June 2015.

(b) The Government has the option to extend the contract for two (2) eighteen (18) month periods IAW clause FAR 52.217-9, entitled "Option to Extend the Term of the Contract (MAR 2000)" which is included as part of this contract.

(c) In addition to the options stated herein, the US Government may choose to extend more than once the current contract performance with the total extension period not exceeding six (6) months IAW FAR 52.217-8 entitled "Option to Extend Services (NOV 1999), which is also included as part of this contract.

DOCUMENTATION REQUIREMENTS, ACCEPTANCE, INVOICING, AND TRACKING

(a) Submission of Documentation to Facilitate Acceptance for Payment

(1) The contractor shall submit one complete set of documents per task order to allow acceptance for payment, as follows:

(i) A copy of the final waste disposal manifest, a copy of the Basel Convention Transboundary Movement of Waste Movement Document (applicable for international shipments) and any IMO or IMDG shipping documents (also applicable for international shipments) after the document(s) have been signed by the final treatment/disposal facility. Also see PWS Sections 3.3.9.3 and 4.7.1 as these documents are required to be submitted with the invoice.

(ii) DD Form 1155 for pick-up certification, listing all wastes removed, sampling and chemical analysis performed, purchase of containers and labels, waste identification, segregation and packaging/repackaging.

(iii) A copy of all chemical analyses performance, if any.

(iv) A copy of the completed DRMS Form 1683, Manifest Tracking Log.

(2) The above documentation shall be submitted to DLA Disposition Services Battle Creek via e-mail at DRMSEUROPETRACKING@dla.mil.

(b) Acceptance and Invoicing

(1) Upon receipt of accurate and complete contractor Manifest Tracking documentation, the Government shall generate and electronically transmit a Disposal Manifest Report(s) (591E) covering all items on the task order within 20 days of receipt of the contractor’s original submittal. The contractor will be paid using the Evaluated Receipt Settlement (ERS) process, wherein the Manifest Payment Approval (MPA) will be used as both a goods receipt and an invoice. The contractor will not provide the Paying Office an invoice for services or products provided. Payment to the contractor will be made through Electronic Funds Transfer (EFT) in accordance with the Prompt Payment Act.

(2) Reserved

(3) For any discrepancies in payment, contact the Contract Specialist or Contracting Officer at DLA Disposition Services J-761 assigned to this contract

(c) Remedies for Non-Compliance

(1) Failure to submit timely and complete documentation for acceptance of payment on a task order will result in no payment of the entire task order. Payment may be approved upon resubmission of the correct documentation for all line items on the task order. The Government, at the discretion of the Contracting Officer, can utilize other remedies including those indicated below.

(2) Note that consideration pursuant to contract clause FAR 52.246-4 can be taken against any open task order under the contract, not necessarily the task order with documented deficiencies.

(3) By submitting for payment in accordance with the above terms including post-payment documentation requirements, the contractor certifies that all services, including receipt at initial Qualified TSDR and ultimate disposition of the items, conform in all respects with contract requirements.

CONTRACT MANAGER/ATERNATE CONTRACT MANAGER/ON-SITE TECHNICAL REPRESENTATIVE

The contractor shall list below the names and point of contact information for the Contract Manager, Alternate Contract Manager and On-Site Technical Representatives (OST) as required in PWS Section 4.4.1.

NAME POINT OF CONTACT INFO

Contract Manager Phone:

Mobile:

Fax:

E-mail:

Alternate Phone:

Contract Manager Mobile:

Fax:

E-mail:

On-Site Technical Phone:

Contract Manager Mobile:

Fax:

E-mail:

CONTRACTOR REPRESENTATIVE

(a) The contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

(b) The contractor agrees that notice to the contractor representative(s) listed constitutes notice to the contractor, and agrees to be bound by any commitments or representations made by this representative.

NAME _____________________________________________________

TITLE _____________________________________________________

PHONE ____________________________________________________

24 HOUR EMERGENCY NUMBER ________________________________

USE OF FACILITIES AND TRANSPORTERS

(a) The contractor shall use only the transporters and facilities from the Qualified Facilities List and Qualified Transporters List. These lists are located on the World Wide Web (www) at either http://dispositionservices.dla.mil/newenv/documents/qualtran.pdf or http://dispositionservices.dla.mil/newenv/documents/qualfac/pdf. Contractors who do not have access to the World Wide Web may request a copy of the above lists from the Contracting Officer.

(b) DLA Disposition Services has reviewed these facilities and transporters in the past and has no reason to believe that they do not meet the standards included herein. Inclusion of facilities and transporters on the Qualified List does not constitute a determination of the acceptability of these facilities and transporters for the requirements of this solicitation and any resultant contract or relieve the contractor of any responsibility for performing the contract resulting from this solicitation. It is the offeror's responsibility to ensure that it can perform all work required by this RFP with the firms listed on the World Wide Web, and to propose additional firms to perform the work required if the firms on the qualified lists cannot meet the requirements. It does not imply consent by the Government to any subcontracts let by the contractor in performance of the contract resulting from this solicitation.

(c) At any time during the period of this contract, the Government may remove a facility from the Qualified Facilities List located on the World Wide Web if any of the following apply:

(1) The facility is currently closed.

(2) The facility is identified as a significant non-complier (exhibiting RCRA Class 1 violations for groundwater monitoring, closure, post-closure, or financial responsibility), and has not entered into a compliance schedule of similar action.

(3) The facility has been cited via an administrative order or judicial action, and the facility has not entered into a compliance schedule or similar action within 180 days from the time order or judicial action was issued.

(4) The facility has exhibited a history of noncompliance or exhibited a lack of "good faith" in correcting violations. A "good faith" effort would be exhibited through promptly signing a consent agreement with the regulatory authorities, and performing in compliance with the agreement for at least six months.

Repeated violations may be considered as a lack of "good faith".

http://dispositionservices.dla.mil/newenv/documents/qualtran.pdf http://dispositionservices.dla.mil/newenv/documents/qualfac/pdf

(5) The facility has been identified as having groundwater contamination or is not acceptable under the local groundwater anti-degradation policy.

(6) The facility is not permitted to and/or is not capable of handling the property proposed.

(7) The facility received a negative recommendation as a result of a DLA Disposition Services inspection visit without substantive evidence of corrected deficiencies.

(8) The facility stores/treats the waste, and then ships out the regulated DLA Disposition Services hazardous waste to a facility excluded under the requirements of this paragraph.

(9) The facility's financial assurance is not sufficient to protect the Government's long term interests.

(10) Facilities are unable to track property from entry to exit.

(11) The facility manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42 or EU equivalent.

(12) The facility has not received any DLA Disposition Services wastes for a period of twelve consecutive months.

(13) The facility operates in a manner that is not in accordance with DLA Disposition Services contract

PWS.

(14) The facility does not have/does not enforce 24 hour security measures.

(d) At any time during the period of this contract, the Government may remove a transporter from the Qualified Transporter List if any of the following apply:

(1) The transporter does not have the appropriate EU/ Host Nation/local permits to transport property under this contract (hazardous or non-hazardous).

(2) The transporter has exhibited a history of noncompliance (including ADR and local regulations governing hazardous material hauling and motor cannier/ marine safety).

(3) The transporter has been cited via an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time the order or judicial action was issued.

(4) The transporter does not have/does not enforce 24 hour security measures.

(5) The transporter manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42 or EU equivalent.

(6) The transporter received a negative recommendation as a result of a DLA Disposition Services inspection visit without substantive evidence of corrected deficiencies.

(7) Transporter transfer locations are unable to track property from entry to exit.

(8) The transporter has not shipped any DLA Disposition Services wastes for a period of twelve consecutive months.

(9) The transporter co-mingles DOD and non-DOD waste prior to receipt at the manifested facility.

(10) The transporter operates in a manner that is not in accordance with DLA Disposition Services contract PWS.

(e) Transporters or facilities may be deleted at any time from the facilities or transporters lists. DLA Disposition Services will inform contractors that currently hold DLA Disposition Services contracts, via letter or facsimile, when facilities or transporters are deleted. Contractors should consult the Qualified Facilities and Qualified Transporters list prior to any actual use under the contract. Facilities or transporters appearing on a qualified list the day a task order is issued are in effect for the duration that task order is open unless the facility loses its accreditation during the task order’s period of performance.

(f) The contractor will not add a fuels blender/burner or ship any subsequent residual waste derived from fuels blending to any facility/burner without prior approval from DLA Disposition Services.

ADDITIONAL TSDR FACILITIES AND TRANSPORTERS

(a) During the solicitation process or performance of work under the contract resulting from this solicitation, the contractor may request to add TSDRs or transporters to the Qualified Facilities List or Qualified Transporters List located on the worldwide web (www). TSDRs or Transporters submitted at solicitation closing under this clause will be reviewed and the offeror will be informed if the firm is:

Acceptable, Unacceptable, or Acceptable with additional information. If the TSDR or transporter is Acceptable with additional information, the offeror will be given an opportunity to submit the additional information in regards to these firms prior to the request for Final Proposal Revision. Offerors will be informed the reason why a firm is considered unacceptable. Offerors are cautioned that DLA Disposition Services must have sufficient time to adequately review submittals under this clause.

Request for additions to the Qualified List(s) shall be submitted at solicitation closing date, additions after closing date may not provide sufficient time for evaluation. The offeror is responsible for submittal in a timely manner.

(b) The proposed TSDRs or transporters will not be added to the Qualified Facilities List or Qualified Transporters List if any of the reasons in the contract clause ‘USE OF FACILITIES AND TRANSPORTERS’ apply. The request by the contractor to have a TSDR or transporter added to the Qualified Facilities List or Qualified Transporters List does not relieve the contractor of his contractual obligation to perform in accordance with the contract terms and conditions including the existing Qualified Facilities List or Qualified Transporters List and existing prices.

Firms submitted by offerors (and approved by DLA Disposition Services) for addition to the qualified lists prior to contract award will not be added to the www unless the offeror submitting the addition(s) receives award of the contract for which the addition(s) was/were requested. Post-award requests for additions to the Qualified List(s) or requests from TSDRs and transporters to have their firm added to the qualified list(s) will be added to the www upon approval.

(c) The contractor shall provide the following information for TSDRs including, but not limited to:

(1)

(i) complete address, telephone number and ID number

(ii) cover page/section of permit,

(iii) permit excerpts specifying acceptable waste streams,

(iv) permit excerpts specifying storage, treatment and disposal processes,

(v) evidence that closure funding is current IAW permit,

(vi) Copy of the most recent regulatory inspections (within the previous 18 months), as well as any deficiencies and a status of corrective actions,

(vii) Evidence of funding for environmental damage incidents.

NOTE: Providing specific regulatory points of contact may expedite DLA Disposition Service’s review.

The TSDR EPA identification number will be utilized as the DLA Disposition Services number for administrative purposes.

(2) The contractor shall provide the following information for each facility including, but not limited to:

(i) complete address and telephone number,

(ii) cover page/section of primary operating permit(s),

(iii) permit excerpts specifying acceptable waste streams,

(iv) permit excerpts specifying storage, treatment and disposal processes,

(v) evidence that closure funding is current IAW permit. If there is no permit or regulatory requirement for closure funding, then evidence of satisfactory financial assurance or pollution liability or environmental impairment insurance shall be provided. For those facilities (TSCA, recycling exempt, etc.) having only an authorization letter from the regulator, the contractor shall provide the facility’s official application letter(s)/package(s) which specify the required information (b-d) above. Providing specific regulatory points of contact may expedite DLA Disposition Service’s review. A DLA Disposition Services created number will be assigned for the approved non-RCRA facility for administrative purposes.

(3) Each facility proposed by the offeror must have, as a minimum, a permit, insurance, and be in good standing with the regulatory community. The facility must be subject to a regular compliance schedule with the regulatory community. A regular compliance schedule will include, at a minimum, one federal, state or local regulatory inspection during a calendar year.

(d) The contractor shall provide the following information for proposed transporters:

(1) Name and address of transporter and Local National identification number.

(2) Evidence of a “satisfactory” rating from the Local National Office of Motor Carriers or equivalent agency.

(3) For each water shipment, provide appropriate Certificates of Documentation, Financial Responsibility and Inspection.

(4) For each railroad company proposed, provide the 2-4 digit unique alpha code used in the industry for identification purposes.

(e) The TSDRs and transporters listed on the Qualified Facilities List or Qualified Transporters List for use under this contract are only listed for use subject to all services being performed in accordance with all federal, state, and local laws and regulations and the TSDR’s and transporter’s permit.

USE OF TRANSPORTERS AND TREATMENT, STORAGE, DISPOSAL & RECYCLING (TSDR) FACILITIES

(a) The contractor shall not use or subcontract for the services of any transporters or TSDR facilities without prior approval of the Contracting Officer. The Government reserves the right to prohibit the Contractor from employing the services of a transporting company or a TSDR facility which does not possess the ability to satisfactorily perform in accordance with the provisions of this contract.

The use of a subcontractor, however, does not relieve the contractor of any requirement set forth in this contract. The contractor is responsible for ensuring that all subcontractors perform in accordance with the terms and conditions of this contract.

(b) If during performance of work under the contract resulting from this solicitation, the contractor requests approval of additional transporters or TSDR facilities, the Government must be allowed a reasonable amount of time to evaluate such requests. When the contractor requests additional transporters or TSDR facilities, the information required in the contract clause entitled ‘ADDITIONAL TSDRs AND TRANSPORTERS’ must be submitted. The contractor is not relieved of his contractual obligation to remove and dispose/treat all waste streams identified in the price schedule within the contractual time frames while the Government is evaluating such request(s). However, the Government agrees to consider such requests and respond to the contractor in writing as to whether such a proposal is acceptable.

(c) Treatment, Storage, Disposal and Recycling Facilities and Laboratory Facilities. A Facility Profile Sheet must be submitted for each treatment, storage, disposal or recycling facility, as well as each laboratory, proposed for use on this contract. The supporting documentation requirements found in the contract clause entitled ‘ADDITIONAL TSDRs AND TRANSPORTERS’ also apply. The Facility Profile Sheets located at Attachment 10(a) and Transporter Profile Sheet (Attachment 10b) must be submitted;

no substitute forms will be accepted.

(d) During the evaluation of offerors or at any time during the period of this contract, the Government may refuse the use of a proposed or previously approved transporter or TSDR facility if any of the following apply:

(1) The transporter or TSDR facility has ceased operations.

(2) The transporter or TSDR facility is identified as a significant violator of environmental laws or regulations by a competent authority, and has failed to enter into a compliance schedule or similar action.

(3) The TSDR facility has been identified as having contributed to groundwater contamination or is not acceptable under a competent authority's groundwater anti-degradation policy.

(4) The transporter or TSDR facility is not permitted and/or is not technically or fiscally capable of handling the property proposed.

(5) The transporter or TSDR facility received a negative finding as a result of a Government inspection during the preceding 12 months and failed to correct such deficiencies in a timely manner.

(6) The transporter or TSDR facility stores/treats the waste and then ships it to a TSDR facility currently excluded under the provisions of this section.

(7) The Government determines that the transporter or TSDR cannot or will not perform in accordance with the terms and conditions of the contract.

(e) The contractor agrees that no transporters/facilities other than those approved shall be used without obtaining prior written approval of the CO.

(f) TSDR facilities approved for use under this contract are only approved subject to all services being performed in accordance with all applicable regulations, their permit if one is required, and the terms and conditions of the contract. The contractor must have the capability to meet the removal and disposal for all waste streams in the timeframes required by the contract under the contract clause entitled ‘PERIOD OF PERFORMANCE.’

TSDR FACILITIES

(a) The contractor shall identify each TSDR facility to perform a service under this contract. Each facility must be in good standing with the regulatory community. The contractor agrees that no facility, other than those approved for use under this contract, will be used without first obtaining written approval of the Contracting Officer.

(b) In accordance with FAR 52.246-4, DLAD 52.246-9072, and the contract clause entitled ‘PLACES OF GOVERNMENT INSPECTION,’ inspections of contractor or sub-contractor’s facilities shall incorporate, but not be limited to, the following baseline facility requirements:

(1) Security – The Security System for the facility must include either a 24-hour surveillance system or perimeter barriers designed to control entry into the facility. Entrances to the facility must be capable of being secured (i.e. locked) after work hours and during periods of non-operation (i.e. holidays).

(2) Waste Storage and Disposition – Waste storage area(s) shall be clearly designated and placarded. All wastes should be properly segregated and stored based on their chemical components and hazard class.

Containers must be in good condition, not leaking or corroded, closed when not in use and properly labeled. Storage areas must have containment to prevent leaks or spills from reaching land or water.

Smoking & open flames must be confined to specifically designated areas.

(3) Personnel Training – Personnel training records for all employees working directly with hazardous waste (loading, unloading, sampling, storage, blending, etc.) and the treatment processes used at the facility (incineration, neutralization, etc.) must include a description of the type and length of training and dates of training to include environmental, safety, health and operational training.

(4) Preparedness and Prevention – The facility layout and manner of operation must be designed to minimize risk of fire, explosion and contamination. Factors to be considered include the presence of spill control equipment and fire extinguishing capabilities, internal alarm system, sufficient aisle space to allow unobstructed movement of personnel and equipment, proper storage of waste, etc. The facility operator must insure that arrangements are in place for the appropriate response to accidents or environmental releases.

(5) Manifest System, Record keeping and Reporting – The facility must maintain a written operating record that includes a description & quantity of each HW received; methods & dates of treatment, storage & disposal; location & quantity of each HW; cross-references to manifests/shipping papers; records & results of waste analysis; report of incidents involving implementation of contingency plan; records of inspections and monitoring or testing analytical data. The facility must maintain copies of the waste disposal license; working plan and day book in the control office.

(6) General Inspection Requirements – The facility must maintain an inspection log that includes date & time of inspection, name of inspector, notation of observation & date & nature of repairs or remedial action. Inspections should be conducted regularly and include checks for container/tank leaks, monitoring equipment, safety & emergency equipment, security devices, operating & structural equipment & related problems.

(7) Disposal Process Inspection – The Government or its designated representative will evaluate the handling and treatment of waste at the facility. The inspection may include waste receipt and analysis, waste storage and segregation, the actual treatment of waste (incineration, neutralization, landfill, etc.), the disposal of any treatment residues (i.e. incinerator ash, waste water), processing of empty containers and general housekeeping.

(8) Compliance with Permits – facility operations and processes and environmental monitoring data must be consistent with permit conditions and/or requirements. Facilities that discharge waste water must have permits to do so. Facilities that treat HW must have permits identifying the treatment methods.

(9) Regulatory Inspection Reports – the Government inspector or his representative shall be provided with copies of local, federal and state regulatory inspection reports/results. If reports are not available at the facility, permission shall be provided to the Government inspector or his representative to obtain copies of the reports from the regulators and to hold discussion with regulators on the environmental compliance of the facility.

(c)TSDR facilities approved for use under this contract are only approved subject to all services being performed in accordance with all applicable regulations, permits, and conditions of the contract. The

Contractor must have the capability to meet the removal and disposal for all waste streams in the timeframes required by the contract.

INCIDENTAL FEES

Any incidental fee, tax, or penalty assessed against DLA Disposition Services arising from any act or omission of the contractor during its performance of work under this contract will be paid by the contractor, including but not limited to any fee, tax, or penalty levied as a result of contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

The contractor shall not seek reimbursement from the Government for any such fee, tax, or penalty.

INDEMNIFICATION

Upon receipt/removal of waste from the various Government installations, the contractor assumes full accountability and physical custody of such waste. The Government assumes no liability for any damage to the property of the contractor, to the property of any person, or public property or for personal injuries, illness, disabilities or death to the contractor, contractor’s employees, and any other person subject to the contractor’s control or any other person including members of the general public, caused in whole or in part by, (a) the contractor’s breach of any term or provision of this contract (with the exception of breaches caused by acts of God or force majeure); or, (b) any negligent or willful act or omission of the contractor, its employees or subcontractors in the performance of this contract (with the exception of acts/omissions resulting from acts of God or force majeure). The contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting, and disposal or any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this waste, material or substance, whether intentional or accidental.

ACCEPTABLE PERFORMANCE LEVELS (APLs)

(a) Acceptable Performance Levels (APLs) are the minimum performance levels of specific requirements which the contractor must achieve or risk having the Government considering performance unsatisfactory, resulting in monetary consideration from the contractor (See Attachment 6).

Specification of an acceptable performance level below 100% does not allow the contractor to knowingly provide defective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. As long as the performance percentage does not fall below the specified acceptable performance level, the Government will not deduct for poor performance.

However, the contractor shall be required to re-perform or correct the defective service or product at no additional cost to the Government.

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

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

ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION

(a) The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

(b) Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2015. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

http://www.ecmra.mil/ http://www.ecmra.mil/