SP4520-16-R-0002-19Feb2016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000043481

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4520-16-R-0002

5. SOLICITATION NUMBER

2016 FEB 23

6. SOLICITATION ISSUE

DATE

Laura Welsh DLW0010

a. NAME

Phone: DSN-314-581-2

b. TELEPHONE NUMBER (No Collect calls)

2016 MAR 24

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4520

DLA DISPOSITION SERVICES J-761

MANNHEIMERSTRASSE

KLEBER KASERNE BLDG 3227 67657

D- KAISERSLAUTERN

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

562211NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

60PAGE 1 OF

04:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

Offerors are requested to submit any questions no later than 10:00 AM Central European Time on 17 March 2016 in order to allow sufficient time to provide responses.

The following clauses do not apply to this solicitation and resultant contract:

a) 52.204-9001, ELECTRONIC ORDER TRANSMISSION;

b) 252.225-7048, EXPORT CONTROLLED ITEMS; and

c) 52.211-9001, DELIVERY TERMS AND EVALUATION.

52.228-4, WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS, only applies to performance in Israel, while 52.228-3, WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT), applies to performance in all other countries.

A. PRICE SCHEDULE (ATTACHED)

Part 1 – Eastern/Southern European and Israel (Base Period, Option Period I, Option Period II)

B. PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK:

(a) This contract covers the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization, removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of hazardous and regulated substances from U.S. military installations within the Southern and Eastern Europe area of operation, to include the countries of Albania, Armenia, Austria, Azerbaijan, Bulgaria, Croatia, Cyprus, Estonia, Greece, Hungary, Bosnia and Herzegovina, Czech Republic, Republic of Georgia, Israel, Kosovo, Latvia, Malta, Lithuania, Macedonia, Moldova, Montenegro, Poland, Romania, Slovakia, Slovenia, and Ukraine. Specific pick up locations within the countries of Kosovo, Poland, Republic of Georgia, Czech Republic, Greece, Hungary, Bulgaria, Romania, Ukraine, Israel, Croatia, Estonia, Latvia, and Lithuania are listed in B.1(e). Additional services include laboratory analysis, preparation of DD Form 1348-1, sampling & analysis for each waste stream and reports and forms, labels and repackaging services. Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste, shall not be included under this contract. Waste disposed under this contract may possibly be contaminated with one or more substances not specifically identified.

(b) The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with the host country laws and the laws of nations thru which waste may be transited or disposed (if different from the host nation), European Union (EU) and international environmental, safety and health laws and regulations; international agreements and relevant host nation, transit nation, disposal nation, and European Union laws, regulations 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 standard laws, regulations, agreements apply not only to the country in which the waste is generated, treated and disposed, but also any transit countries through which the waste is transported. The contractor shall comply with any changes or new requirements identified by the above regulating bodies that should be promulgated during the performance of the contract.

(c) Contractor, unless specifically stated in this contract to the contrary, shall provide at its cost, without reimbursement, all supplies, material, transportation, equipment, and personnel necessary to perform the requirement of this Performance Work Statement.

(d) PERFORMANCE PERIOD:

Base: 1 June 2016 – 30 November 2017 Option I: 1 December 2017 – 31 May 2019 Option II: 1 June 2019 – 30 November 2020

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SP4520-16-R-0002

(e) DLA DISPOSITION SERVICES PICK-UP POINTS THROUGHOUT Eastern Europe, Greece and Israel

The contractor is required to make pick-ups in and around the points listed below. Some locations may have multiple pick-up sites and this listing may not include all required pick-up locations.

Albania: TBD Armenia: TBD Austria: TBD Azerbaijan: TBD Cyprus: TBD Bosnia and Herzegovina: TBD Malta: TBD Macedonia: TBD Moldova: TBD Montenegro: TBD Slovakia: TBD Slovenia: TBD

Specific pick up locations within the countries of:

Kosovo, Poland, Republic of Georgia, Czech Republic, Greece, Hungary, Bulgaria, Romania, Ukraine, Israel, Croatia, Estonia, Latvia, and Lithuania

Eastern & Southern Known Pick-Up / Removal Locations

KOSOVO

Camp Bondsteel

POLAND

Radzikowo Drawsko Pomorskie - Konotop Barracks Miroslawiec Air Base

CZECH REPUBLIC

Brdy

GREECE

Souda Bay (Crete)

HUNGARY

Papa Air Base

BULGARIA

Novo Selo Training Area

ROMANIA

Mihail Kogalniceanu Air Base Cincu training Area Navy Support Facility Deveselu

UKRAINE

Yavoriv Traning Area

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ISRAEL

Site 512

CROATIA

Viktor Lenac Shipyard, Rijeka

ESTONIA

Paldiski Barracks Tapa Barracks

LATVIA

Adazi Barracks

LITHUANIA

Rukla Barracks

REPUBLIC OF GEORGIA

Tbilisi National Training Area

2. WASTE REMOVAL PHASES:

The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal, Removal, and Post-Removal. The contractor, and his subcontractors, shall perform at all times in a prudent, conscientious, safe and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging the 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. Handling and Personnel Protective Equipment (PPE) shall be provided by the contractor and shall be appropriate to ensure safe handling of the hazardous waste. When operating in a location or facility identified for service under this contract, the contractor is required to provide forklifts with specifications that meet the applicable permit requirements.

The U.S. Government is not responsible for providing force protection to the contractor; however, the intent of the terms and conditions of the contact is that the contractor will not be sent into an area where live fire is anticipated. If the contractor considers a situation exists which constitutes an unsafe environment due to regional hostilities, they may inform the Contracting Officer and negotiate an appropriate extension to the period of performance, until a safe environment can be reestablished. Only after cognizant military officials have determined that a site has been sufficiently stabilized, will hazardous waste removal be required.

The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with European Union (EU) and international environmental, safety and health laws and regulations; international agreements governing the transportation of dangerous goods; and in conformance with industry standards that minimize risks to human health and the environment. These standards apply not only to the country in which the waste is generated, treated and disposed of, but also any transit countries through which the waste is transported.

(a) PRE-REMOVAL:

(1) Permits:

The contractor warrants that they have been duly authorized to operate and do business in the country or countries in which this contract is to be performed and that they shall fully comply with all laws, decrees, PAGE 5 OF 60 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

labor standards and regulations of the Host Country and transit countries during the performance of this contract. The contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs documents, all FGS documents to include the loading/unloading register, and complying with the terms thereof and all applicable laws, codes, and regulations in connection with the execution of the work. This includes acquiring all required permits, registrations, authorizations or notifications necessary to operate in any country or on any installations listed in this contract or intended to be used by the contractor for transit or disposal.

i. Responsibilities:

(A) The contractor must supply personnel fully trained and capable of performing the work under this contract. However, the Contractor may be required to attend any special required training, seminar, instruction, class, etc. provided by the Government. The contractor will not be paid by the Government for the time of its contractor personnel attending such Government provided training or instruction. The contractor will be expected to provide information to perform work or gain access to the installation, for example: pass and ID requirements and antiterrorist training. If additional requirements are necessary, they shall be negotiated with the contractor.

(B) The contractor agrees that his personnel and equipment shall be subject to inspection while on US Government controlled property.

(C) The contractor shall take such additional immediate precautions as the Contracting Officer (CO) or designated representative may reasonably require for safety and mishap prevention purposes. The CO/Contracting Officer Representative (COR)/Contracting Officer Technical Representative (COTR) have the right to halt all work if it is not being conducted in a safe manner.

(D) The contractor shall be responsible for all damages to persons, materials or properties that occur due to its fault or negligence.

(2) Shipping Documentation:

i. The contractor shall prepare, complete and return signed copies of appropriate shipping papers, as required by the host nation, transit nation or nation in which the waste will be disposed, and/or any other applicable national or international environmental laws and regulations.

ii. The contractor shall prepare, complete, and provide copies of the appropriate shipping papers to the COR and designated, installation representative at least five (5) days prior to the removal of the waste from the installation.

iii. 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.

iv. Host nation or international form(s) are required.

v. The COR shall endeavor to notify the contractor 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 or the COR may allow the removal to continue depending on the severity of the errors.

vi. Any waste 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.

vii. Copies of outgoing shipping papers shall be furnished to the COR, the designated installation representative and any other related parties at time of shipment. The contractor shall provide to the COR returned signed copies of shipping papers as required by the host nation and/or any other applicable national

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or international environmental laws and regulations. The contractor and the COR shall complete the DD1155 at the time of the hazardous waste shipment and prior to the hazardous waste departing the installation.

viii. The Government COR and installation representative has the authority, prior to shipment, to decline the signing of any shipping papers for waste loads which are not in conformance with transportation, safety or environmental regulations.

ix. Trans Boundary Shipping Documents:

(A) The contractor shall prepare the appropriate shipping documents and notifications to applicable regulatory agencies (hereafter “notifications”) required to move and dispose of all waste listed in the contract. The contractor shall prepare all notification documents and act as the “exporter” and “importer” of the waste. Photocopies of the application for notifications shall be provided to the COR.

(B) Once the contractor has received approved notifications from the competent authority, the contractor shall also provide the COR photocopies of the completed approved notification. After waste has been removed from the installation, the contractor shall provide the COR with a copy of the signed approved and dated Basel Trans boundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 30 days following acceptance of the waste by the Transportation, Storage, Disposal or Recycling Facility (TSDRF).

(C) Photocopies of all completed shipping documents shall be forwarded with each invoice submitted by the contractor, to include the Basel document showing acceptance of the waste at the TSDRF. Submissions of these documents shall reference the applicable contract and delivery order number. The contractor shall ensure that there is no break in Basel coverage with regards to any hazardous waste removed from any installation.

(D) Upon contract award and four months prior to the expiration of annual notifications the contractor shall provide bi-weekly reports to the CO outlining the step at which the contractor is at in obtaining follow-on notifications to ensure there is no lapse in service.

x. Waste Identification:

When Hazardous waste profiles sheets (HWPS), DRMS form 1930, are produced by the contractor for Air Force installations under this contract, the contractor shall use the form in Attachment 5.

xi. Misidentified Items:

(A) In case the US Government misidentifies a waste description on a delivery order, the contractor has the responsibility to inform the COR and designated installation Government representative as soon as the contractor becomes aware of the misidentification.

(B) The contractor shall notify the COR and designated installation Government representative prior to removal or within 3 work days of the removal and prior to disposal.

(C) In the event the contractor believes the Government misidentified a particular hazardous waste, the contractor shall demonstrate through lab analysis and/or other supporting documentation that the Government has misidentified a waste. The waste shall not be treated or disposed of until the Government has made a determination on the matter. Once a determination has been made and the hazardous waste found to be misidentified, the contractor shall be paid the analysis and disposal price in accordance with the contract price of the actual waste removed/sampled. If the hazardous waste is found to be correctly identified, contractor shall incur price of analysis.

(3) Notifications:

i. Except as otherwise specified herein and if required, the Contractor shall notify the COR and the

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Generator or other installation representative for each location, at least Seven (7) working days BEFORE attempting site visits, analysis or pickups.

ii. In addition to the notification above for pickups, the Contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number or photo identification and its expiration date to the COR/COTR or other Government 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/COTR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 48 hour notification requirement is moot for the remainder of the contract unless otherwise modified, unless a driver not on the list is intended for use by the contractor, in which case the 48 hour notice and information is required. Specific locations may require more than 48 hours’ notice for Base access.

iii. The contractor shall provide a list of packing and disposal requirements of the disposal facilities it intends to use for the hazardous waste removed for the Government installations. Changes or modifications to those requirements shall be immediately forwarded to the COR and the designated installation representative.

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

v. Waste Report:

(A) The contractor shall provide the Environmental Management Office (EMO), COR and the Contracting Officer on a monthly basis a report that summarizes hazardous waste/material movements from the point of generation to the final TSDRF. The monthly report shall be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user. The report shall be provided electronically by the 10th day of the following month. An example of the report to be used or the information required in a contractor-generated report is located in Attachment 12.

(B) The contractor shall provide an annual report in the host nation language summarizing hazardous/waste movements from point of generation to disposal facility. The report shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled.

This report shall be provided to the COR electronically and on a CD ROM on 15 January of each year, through the last delivery order issued under the contract.

(C) Manifest Tracking Log: The contractor shall complete DLA DISPOSITION SERVICES CONTRACTING Form 1683E, Manifest Tracking Log (Attachment 3), annotating all wastes removed. The contractor shall describe and document in detail any differences between the actual quantity picked up (Column 5) and the actual quantity disposal/recycled (Column 11). The contractor may use attachments to the form if necessary. The Contractor’s Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

(4) Trailer and Security:

i. All Contractor trailers utilized for hazardous waste pickup shall be padlocked upon arrival at the pickup location. Failure to meet this requirement may result in the Government’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 Government representative(s).

ii. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver and, refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. The contractor shall assert no claim against the Government for any costs or

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demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups Government for reasons specified in this section.

iii. The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance, if Contractor trailers capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or contractor personnel refuse to cooperate with any requests for additional identification and/or professional endorsements.

(5) Hours of Operation:

i. The Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract shall be performed, on a daily basis, during regular working hours (0730 through 1630 hours) Monday through Friday (Romania, and Bulgaria) and Sunday thru Saturday all other countries, and on local national and American holidays (only with prior COR approval/contractor concurrence).

The specific date and time for off-site removal services, shall be established by the COR and the contractor via email or a facsimile pickup request which shall constitute a call against a Task Order (refer also to section B.2.(a)(3), NOTIFICATIONS). The COR shall forward the pickup request information to the generator.

The COR shall meet the contractor at the scheduled pickup site at time agreed upon by the contractor and COR.

This date/time shall be at least two work days prior to the date scheduled.

The US holidays are:

1st of January* 1st Monday in September 3rd Monday in January 2nd Monday in October 3rd Monday in February 11th of November* Last Monday in May 4th Thursday in November 4th of July* 25th of December*

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

(b) REMOVAL:

DD Form 1155, Task Order Form (Attachment 2) shall be completed for all items ordered or services performed on a Task Order. 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 services provided. No payment for removal of waste shall or any other requested service be paid without the certified form.

(1) Spill Responsibility:

i. As between the Government and contractor, financial and legal liability as a result of a spill or release of hazardous material/waste occurring during the contractor’s performance of the contract, whether attributable to an over act, of failure to act, of the contract or any other reason, rests solely with the contractor.

ii. The contractor shall clean up spills and releases to the satisfaction of the COR/COTR, Government representative and EMO, such clean up to be in compliance with all applicable laws and regulations.

Contractor shall dispose of all spill residues and debris at no additional cost to the US Government and

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provide proof of disposal.

iii. 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. The contractor’s plan shall be used in conjunction with the Base Installation Spill Notification Procedures.

iv. The contractor shall immediately notify the CO and the COR/COTR, Government representative and EMO of any spills or releases occurring during the performance of this contract. Contractor shall provide a written report to the CO, COR, COTR, and EMO no later than 24 hours after the spill or release. For spills or releases occurring on US Government controlled property, the contractor shall notify the EMO and follow Installation Spill Notification Procedures and provide a copy of the written spill report to the EMO and the

COR.

v. At a minimum, the immediate notification to the Contracting Officer, COR, COTR, and EMO shall include:

Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, etc.); 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.

vi. At a minimum, the written report to the CO, COR, COTR, and EMO shall include: Cleanup and disposal procedures taken; outside assistance required (if any); personal injury involved; and the names and telephone numbers of all national, regional or local officials contacted.

(2) Segregation of Hazardous Waste:

i. Commingling or consolidation of hazardous waste: Any commingling or consolidation of US Government waste with non-US Government waste by the contractor or third parties shall result in the indemnification of the US Government concerning any and all claims that result from such commingling or consolidation. Compensation to the contractor shall be limited to the CLINs ordered and removed on the DD1155 prior to the commingling or consolidation.

ii. The contractor shall ensure that used oil, hazardous waste, or oil product contaminated with any hazardous waste shall not be used for dust suppression or road treatment.

iii. The contractor shall segregate, sort, package, re-containerize, identify shipping name, and label waste containers for assorted hazardous waste that has accumulated in an area other than a HWAP. The contractor shall provide an itemized inventory of these wastes including:

(A) International waste nomenclature, European Waste Code and hazard class.

(B) Weight (kg) of each item and number and size of containers.

iv. The services shall be ordered according to the estimated weight of the items to be segregated and packaged and shall be priced per kilogram. The CLIN unit price shall include the cost of containers required but it shall not include the cost of disposal.

(3) Government Equipment and Personnel:

The contractor understands that this is a firm-fixed price contract where contractor is responsible for all costs of performance, unless expressly stated to the contrary in the contract. The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The contractor understands that any such offers of assistance by Government personnel are unauthorized, and the Contractor shall not accept any such offers. The only exceptions regarding contractor use of Government-owned equipment are (1) usage of Government-owned loading equipment, and (2) usage of Government-owned scales for weighing purposes. However, in both cases, usage of

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such equipment is only permitted when authorized by the generator, and only if such equipment is available for use - as a result, contractor is highly encouraged to supply their own equipment whenever possible, as lack of availability of Government-owned equipment will not be considered grounds for a subsequent request for equitable adjustment. Finally, as it pertain to usage of Government-owned loading equipment, contractor personnel must be licensed to operate such equipment in accordance with local host nation procedures, and bears responsibility for any damage caused as a direct result of operating such equipment.

(4) Contractor Personnel:

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

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

iii. Contractor personnel shall present a neat appearance and be easily recognized as contractor’s employees.

Contractor shall require its subcontractors to likewise comply with this requirement. Contractor and sub-contractor personnel shall have the ability to communicate (i.e., cellular telephones) with the DLA DISPOSITION SERVICES CONTRACTING CORs and the contractor’s Contract Manager when they are on-site or transporting hazardous waste.

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

(5) Treatment of Hazardous Waste on Government Facilities

The contractor shall NOT undertake treatment of hazardous waste on a military installation. Treatment includes, but is not limited to the dilution of waste to make it less harmless; chemically changing the pH and mechanically crushing/compacting waste, including metal or plastic containers. Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.

(6) Loading:

i. The contractor is responsible for loading, including furnishing all the equipment necessary for loading.

Except as provided in accordance with paragraph (3) above, unless otherwise specified* the Government shall not load at any location. Where it is provided that the Government shall load, the Government shall 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 Government. Unless otherwise provided in the contract, the Government shall not block, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor. All outgoing shipments or loads shall be secured in accordance w/ host nation laws and regulations.

*The Government reserves the right to load and/or assist in the loading of wastes via material handling equipment (MHE). If in question, the operator of the MHE will be determined after issuance of the 1155 task order and prior to removal.

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

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(7) Transportation:

i. The contractor shall transport waste in accordance with all applicable host nation and transit rates and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods (HP/DG) shall be transported in UN specification containers where required. The contractor is responsible for ensuring that all hazardous property leaving a U.S. facility is accompanied by a manifest to ensure a complete audit trail from point of origin to ultimate disposal. The contractor shall purchase and prepare all manifests for waste movement. The standards set forth in the ADR, International Maritime Dangerous Goods (IMDG) Code, and Rail (RID) and other applicable regulations shall be utilized by the contractor for all shipments.

ii. The contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, Italian, EU and international transportation regulations.

(8) Weighing of Property:

i. 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. (Note: if the installation Environmental Management Office (EMO) has previously weighed the waste and the contractor agrees to the weight from the EMO. Weighing of the waste in the presence of the COR is not required.) The contractor shall use contractor provided portable scales when Government scales are not made available for use. The annual calibration certificate shall be provided to the COR when the contractor’s portable scales are used. Government scales may be used when available, operable and authorized by a Government representative. Should Government scales not be made available and the container to be weighed is too large for contractor’s portable scale, the contractor may weigh the waste at public scales at no additional cost to the U.S. Government. In such case, the contractor shall provide weight tickets to the COR within 2 calendar days of removal.

ii. 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, IMDG, and Italian 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.

(9) Bulk Liquid Pumping:

i. Liquid items collected in government owned tanks or drums (>206 liters) may be pumped to obtain a more economical removal. The liquid shall be pumped to a depth of 5 cm or less residue remaining in the container.

The contractor will not be required to clean the container. Liquids contained in bulk tanks shall be removed by a suction pump. It is at the contractor's discretion to use a tanker or container truck. The contractor shall supply the tanks or drums to which the bulk liquids are to be transferred. When bulk liquids are removed, it is the contractor's responsibility to have trucks weighed before and after pumping, and submit weight ticket with invoices. U.S. Government scales will be used if available. The contractor shall invoice for the net weight of all bulk liquid shipments. The contractor is required to have all the proper attachments and tools necessary for removing/pumping wastes from tanks, pods, and drums (60 liter and larger).

ii. When cleaning of a bulk tank is ordered, the contractor shall be required to remove all liquids and sludge from tanks that can be removed without agitation or introduction of other materials to the tank. Tank pumping will be ordered prior to tank cleaning or in conjunction with tank cleaning. Normally, bulk removal is ordered for bulk tanks only. Sludge, debris, etc. remaining inside the tank after the bulk removal is completed shall be removed during the tank cleaning process. Cleaning can involve human access to a tank, washing with a solvent or other detergent, scraping, scrubbing, shoveling, brushing, and containerizing of solids/sludge until no visible residue remains. Stains are not considered residue. CLIN N70120 shall be

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ordered according to the type of tank. Tank cleaning requiring respirators and/or confined space entry shall comply with Occupational, Safety & Health Administration (OSHA) and EU regulations.

iii. The disposal of un-pumpable sludge/solids removed as part of the cleaning process shall be ordered under the appropriate disposal CLIN, based on the most previous known contents in the tank. This CLIN shall appear on the same delivery order issued for tank cleaning. However, the quantity listed on the delivery order shall be an estimated quantity and may be corrected with a modification after the fact.

(c) POST REMOVAL:

(1) Return of Shipping Documentation:

i. A copy of the disposal documentation recording completion of disposal shall be returned to the CO and to the COR no later than 10 days following disposal of the waste.

ii. The contractor shall ensure that the copy of the manifest/shipping paper showing Contract number and completion of transportation is returned to the COR no later than 30 days following delivery of the waste to the disposal facility.

iii. Any transportation and host nation manifesting/documentation requirements established by the ADR, the International Maritime Dangerous Goods (IMDG) Code, the May 1989 Basel Convention on the Trans boundary Movement of Hazardous Waste and their Disposal (if applicable), shall be provided to the COR prior to removal.

iv. At the time of removal from the installation, the contractor/COR shall include the contract number, task order and line item numbers on the shipping documentation. A copy of all signed, dated and completed manifests shall be submitted with the contractor’s invoices. No invoice shall be paid without this copy. In addition to the normal distribution of manifest copies, a copy of all signed, dated and completed manifests shall be forwarded to the COR within 30 calendar days of receipt of waste at the disposal facility. The COR shall distribute the copy to the appropriate generator(s).

v. The DLA DISPOSITION SERVICES COR’s address is as follows:

DLA Disposition Services – Europe and Africa Mannheimer Str. 219 67657 Kaiserslautern, Germany

3. DISPOSAL/RECYCLING

(a) DISPOSAL:

(1) Demilitarization (DEMIL) Via Service Contract:

i. Property requiring demilitarization by the U.S. Government shall be so listed on the DD Form 1155 Order for Supplies or Services by the DLA Disposition Services Site. When property requiring DEMIL is ordered the contractor is required to undertake the physical DEMIL of the property, dispose of the DEMIL property and provide all documentation, in addition to the documentation requirements for invoicing, per DoD commodity specific requirements as stated below and within 30 days of appropriate disposal. Specified documentation shall be returned to the generator, and the DLA Disposition Services COR, unless otherwise noted.

ii. When CLINs N26500 are ordered for the demilitarization of Chemical Defense Equipment (CDE) Kit, the contractor is required to DEMIL and dispose of this property by incineration at a permitted disposal facility.

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The audit trail showing DEMIL was accomplished shall be a signed, certified, and verified hazardous waste manifest receipt copy and a certificate of disposal. The certificate shall state the DMIL method was incineration.

iii. When CLINs N14200 are ordered for the demilitarization of DS-2 Decontaminating Agent, the contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed, certified, and verified hazardous waste manifest receipt copy and a certificate of disposal. The certificate shall state the DEMIL method was incineration.

iv. When CLINs N18000 are ordered for the demilitarization of Whetherlite Charcoal Filters (not limited to and to include activated carbon Filters), the contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed, certified, and verified hazardous waste manifest receipt copy and a certificate of disposal. The certificate shall state the DMIL method was incineration.

v. When CLINs N19200 are ordered for Chemical Agent Resistant Coating (CARC) Paint, the contractor is required to dispose of this property by incineration at a permitted disposal facility. The audit trail showing DEMIL was accomplished shall be a signed, certified, and verified hazardous waste manifest receipt copy and a certificate of disposal. The certificate shall state the DMIL method was incineration.

(2) Certificates of Disposal/Destruction CLINs N66350

The contractor shall obtain and provide necessary documentation to prove to the Government that final disposal of CLINs N04000 – N35100 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the manifest or shipping paper with a copy to the DLA DISPOSITION SERVICES/COR. Certificates of Disposal/Destruction (CDs) require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. CDs shall be provided within thirty (30) calendar days after disposal occurs. CLIN N66350 shall be ordered one (1) each for every CD desired per task order line item. (Reference Attachment 11)

(3) Detailed Laboratory Analysis:

i. If it is requested, the contractor shall perform detailed analysis of a hazardous waste prior to disposal;

the results correlating to each specific contract line item shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples.

ii. Only laboratories having proper laboratory certification, accreditation and approval for use from the Contracting Office shall be used to perform waste analysis under this contract. The contractor shall provide documentation that each laboratory proposed to be used under this contract is certified to perform waste analysis in accordance with international accepted methods.

(4) Storage Restrictions:

i. The contractor shall properly store hazardous wastes and materials in accordance with, but not limited to, European host nation, IMDG and ADR laws and regulations in a manner that effectively mitigates hazards to human health and the environment. Incompatible chemicals shall be segregated, all containers shall be non-leaking, in good condition and labeled. Storage areas shall be properly labeled and have a containment system to prevent spills or leaks from reaching the environment.

ii. Storage of waste shall not exceed the TSDRFs permit restrictions, but in all cases shall not exceed one year.

(5) Lab Packing Wastes:

The US Government may have laboratory chemicals from a Government school or Government medical facility that

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require packaging for shipment and disposal. The containers of such chemicals are small (less than 5 liters) and shall already be inventoried by the US Government. The contractor shall be provided with a copy of the inventory and an estimated total weight and shall be required to pack the small containers for shipment and disposal. The contractor shall provide the COR/COTR with the total weight of the items for disposal. CLIN N69100 includes the cost of containers, packaging, transporting, and disposal of the miscellaneous laboratory chemicals.

(b) RECYCLING:

(1) The contractor shall properly recycle hazardous wastes and materials in a manner that effectively mitigates hazards to human health and the environment. Recycling, reuse, and reclamation are preferred over treatment and disposal and shall be performed whenever environmentally sound, economically feasible or required by the host country’s national or state law.

(2) Dilution in the recycling process, to include blending down of hazardous waste contaminants, is prohibited. To the maximum extent possible, waste disposal should be minimized through recycling, reuse, reclamation, and energy recovery. The US Government may withdraw any items on task order for use, reuse, or recycling.

(3) Energy recovery facilities used by the contractor shall meet applicable air quality standards. Used POL and fuels shall have a PCB content of <50 ppm PCB to be recycled using energy recovery, in accordance with the host country’s and EU law.

(4) If a waste designated for recycling does not meet required recycling as established in law, regulation or industry standard parameters, the contractor shall notify the CO, in writing, of the rationale for waste rejection by the recycling facility. If the Government concurs, the applicable disposal CLIN for the waste shall be assigned. If the Government disagrees, the contractor shall conduct detailed analysis. If the recyclable waste is found to be non-recyclable, the Government shall incur laboratory analysis and hazardous waste disposal fees. In the contrary, if the analysis results indicate recyclable content, the contractor shall recycle the waste and incur in analytical sampling expenses.

4. SPECIAL SERVICES

(a) PERFORM ANALYSIS:

(1) The ordering of specific chemical analysis services under this contract shall be at the discretion of the Government, and should not be considered either a precursor or prerequisite to the Government ordering the removal of wastes. When ordered by the Government, the analytical report shall be submitted to the Government as received from the laboratory (in the host nation language) and accompanied by an English translation of the data and returned to the COR no later than 14 calendar days after issuance of a delivery order for the analytical service. The analysis report shall include:

i. Testing parameters.

ii. Limits of detection for each identified constituent.

iii. Regulatory limits for each identified constituent.

iv. Analytical method, including reference number or description.

v. Laboratory conducting the analysis and chemist or laboratory manager signature.

vi. Sample number and sample type (grab, composite, solid, liquid, etc.).

(2) The contractor shall furnish, at no additional cost to the U.S. Government, the results of chemical analyses which the contractor, or any subcontractor, opted to conduct independently. Field tests shall not be authorized unless such test has been specifically approved by the host nation authorities. The U.S. Government may request copies of the actual analytical results such as atomic absorption (AA) & gas chromatography (GC) charts and graphs, calculations, retention times, attenuation, standard calibrations, spike and blank

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sample documentation, and quality control checks, which the contractor shall obtain from the laboratory and provide to the Government at no additional cost.

(3) After sampling/analysis, and prior to departing the military installation, the contractor shall provide a receipt for samples taken. The receipt shall include time, date, and unique sample number for each sample taken. Upon delivery of the chemical analysis report, the contractor shall obtain the COR’s signature on the DD Form 1155 to confirm that the services have been received and that a copy of the analytical report was provided to the COR. Sampling and analysis are included in the CLIN price for laboratory.