SF1449_SP452017R0002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000052547

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4520-17-R-0002

5. SOLICITATION NUMBER

2017 JAN 25

6. SOLICITATION ISSUE

DATE

Nathanial Gaunt PZMPO00

a. NAME

Phone: 314-483-5328

b. TELEPHONE NUMBER (No Collect calls)

2017 FEB 28

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

62PAGE 1 OF

03:00 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

PAGE 3 OF 62 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP4520-17-R-0002

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN ‘R’ OR AN ‘I’ NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK:

1(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 US Military Installations in the state of Bavaria, Germany. Additional services include: expedited removals, Waste Management Services (WMS), Receiving Services, laboratory analysis, preparation of DD Form 1348-1, sampling & analysis for each waste stream and reports and forms, tank cleaning, labels and repackaging services, and removal of appliances containing ozone depleting substances from some locations outside the military installations. Infectious, controlled, and radioactive wastes, or mixtures of such wastes with hazardous waste, shall not be included under this contract. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified.

1(b). The removal, transportation, storage, treatment and disposal of wastes (CLINs N0400 – N3699; N8000-N8199) offered under this contract are to be performed in accordance with German, 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 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.

1(c). The contract includes a base period of 18-month, plus two option periods of 18-month each. See FAR 52.217-8 and 52.217-9 for more information about contract extensions.

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 facility identified for service under this contract, the contractor is required to provide loading equipment with specifications that meet the applicable permit requirements.

2(a). PRE-REMOVAL:

2(a)(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, labor standards and regulations of Germany and transit countries during the performance of this contract. The contractor shall, without additional expense to the U.S. Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs procedures, if 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.

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2(a)(1)(i). Responsibilities:

2(a)(1)(i)(A). The Contractor may be required to attend any special required training, seminar, instruction, class, etc. provided by the Government or 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.

2(a)(1)(i)(B). The contractor agrees that his personnel and equipment shall be subject to inspection while on US government controlled property.

2(a)(1)(i)(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.

2(a)(1)(i)(D). The contractor shall be responsible for all damages to persons or properties that occur due to fault or negligence.

2(a)(2) Shipping Documentation:

2(a)(2)(i). 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.

2(a)(2)(ii). The contractor shall prepare, complete, and provide copies of the appropriate shipping papers to the COR and designated, garrison representative at least five (5) days prior to the removal of the waste from the installation.

2(a)(2)(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.

2(a)(2)(iv). German State or international form(s) are required.

2(a)(2)(v). 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 or the COR may allow the removal to continue depending on the severity of the errors.

2(a)(2)(vi). Any waste removed from the installation without the proper documentation shall be shipped at a later date when the proper documents are provided. The contractor shall bear all costs as a result of such a delayed shipment.

2(a)(2)(vii). Copies of outgoing shipping papers shall be furnished to the COR, the designated garrison representative and any other related parties at time of shipment. The contractor shall provide returned signed copies of shipping papers as required by the host nation and/or any other applicable national or international environmental laws and regulations.

2(a)(2)(viii). The government 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.

2(a)(2)(ix). Trans Boundary Shipping Documents:

The contractor shall prepare the appropriate shipping documents and 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 Contracting Officer. Once the contractor has received approved notifications from the competent authority, the contractor shall also provide the Contracting Officer photocopies of the completed notification. After waste has been removed from the installation, the contractor shall provide the COR with a copy of the signed and dated Basel Transboundary Movement Document (Basel Convention, Article 6, Paragraph 9) no later than 60 days following acceptance of the waste by the Transportation, Storage, Disposal or Recycling Facility (TSDRF). Photocopies of all completed shipping documents shall be forwarded with the invoice to include the Basel showing acceptance of the waste at the TSDRF. Submissions of these documents shall reference their applicable contract and task order number. The contractor shall ensure

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that there is no break in Basel Approval to allow for the removal of waste. Upon contract award or four months prior to the expiration of annual notifications (whichever is sooner) the contractor shall provide bi-weekly reports to the CO outlining the step at which the contractor is at in obtaining follow-on notifications to ensure there is no lapse in service.

2(a)(2)(x). Electronic Manifest:

2(a)(2)(x)(A). The contractor shall provide for the ability for the Hazardous Waste Generator, or their assigned agents, to sign Electronic shipping documentation for hazardous waste identified for disposal on an issued task order. The contractor shall also provide the Hazardous Waste Generator with the onsite ability to electronically sign permits associated with hazardous waste removal.

2(a)(2)(x)(B). Signature cards for use in the electronic manifesting system may be purchased using CLINs N7051.

2(a)(2)(x)(C). The contractor shall provide the portable electronic manifest equipment required for the U.S. government representative to use his electronic signature card to sign manifests at the point of removal. The contractor shall provide the U.S. Government representative one paper copy of the signed electronic manifest or send an e-mail with attachment containing the electronically signed manifest at the time of waste removal. In addition, the contractor shall electronically mail copies to the U.S. Government representative when the waste is received at the disposal facility. The same time frames apply as with hardcopy manifest.

2(a)(2)(x)(D). The contractor shall provide a means for the COR and garrison representative to access pertinent historical hazardous waste disposal data at any time after the expiration of this contract and at no cost to the government.

2(a)(2)(xi). Waste Identification:

When Hazardous waste profiles sheets (HWPS), DLA form 2511 are produced for Army installations under this contract, use form Attachment 5.

2(a)(2)(xii). Misidentified Items:

2(a)(2)(xii)(A). In case the US Government misidentifies a waste description on a task order, the contractor has the responsibility to inform the COR and designated garrison government representative as soon as the contractor becomes aware of the misidentification.

The contractor shall notify the COR and designated garrison government representative prior to removal or within 3 work days of the removal and prior to disposal. 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, the contractor shall be paid the disposal price in accordance with the contract price of the actual waste removed.

2(a)(3). Notifications:

2(a)(3)(i). Except as otherwise specified herein and if required, the Contractor shall notify the Contracting Officer’s Representative (COR) and the Generator or other garrison representative for each location, at least two (2) working days BEFORE attempting site visits, analysis or pickups.

2(a)(3)(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 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 for driver identification is moot for the remainder of the contract unless otherwise modified.

2(a)(3)(iii). The contractor shall provide a list of packing and disposal requirements of the disposal facilities to be utilized. Changes or modifications to those requirements shall be immediately forwarded to the COR, and the Government Representative.

2(a)(3)(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

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driver, other than the one previously identified under this notification requirement or whose name does not appear on the list of approved, multiple drivers arrive at the pickup location(s).

2(a)(3)(v). For Task/delivery orders containing Expedited Removals, Services or Performance Contract Line Item Numbers (CLINs) the Contractor shall notify the COR/COTR or other Government representative for each location, at least 2 working days BEFORE attempting site visits, analysis or pickups. In addition, the Contractor is still required to provide the information identified in paragraph 2(a)(3)(ii) above, under Notifications, at least 48 hours prior to removal. If applicable, where removals are ordered under either the less than 48 hours or two or the five business day expedited CLINs, the Contractor shall provide the information identified in paragraph 2(a)(3)(ii) above, under Notifications, at least eight hours prior to pick up. However, if the Contractor elects to provide the list of approved multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated elsewhere within this clause apply to any of the aforementioned Expedited Removals, Services or Performance

CLINS.

2(a)(3)(vi). Waste Report:

2(a)(3)(vi)(A). The contractor shall provide the Environmental Office, COR and the Contracting Officer 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 13.

2(a)(3)(vi)(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 Garrison Environmental Division electronically and on a CD ROM on 15 January of each year, through the last task order issued under the contract.

2(a)(3)(vi)(C). Preparation of the Annual Waste Report (Abfallbilanz), CLIN N6650, shall be completed as prescribed by Host Nation law and if ordered, the contractor shall complete the report for the requested calendar year. The report shall not be submitted to the regulatory authorities, but to the COR. The report shall be completed within 45 calendar days after issuance of the task order.

2(a)(3)(vi)(D). 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 Contract Manager or Alternate Contract Manager shall sign the form certifying its accuracy and completeness.

2(a)(4). Trailer and Security:

2(a)(4)(i). All Contractor trailers 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 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).

2(a)(4)(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. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups shall not be grounds for reimbursement by the Government.

2(a)(4)(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 the Contractor arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professional endorsements.

2(a)(5). Hours of Operation:

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2(a)(5)(i). All services performed under this contract shall be performed during regular working hours (0730 through 1600 hours) Monday through Friday. Services will not be performed on local, national and American holidays except 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 facsimile pickup request which shall constitute a call against a task order (refer to paragraph 2(a)(3)(ii), 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 agreed upon at least two work days prior to the date.

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.

2(a)(5)(ii). The German Holidays are:

Holiday Date

New Year's Day 01 January Epiphany, Three Kings 6 January Good Friday varies yearly Easter Monday varies yearly* Labor Day 01 May Ascension Day varies yearly* Whit Monday varies yearly Corpus Christi varies yearly Assumption 15 August German Unity Day 3 October All Saints Day 01 November Christmas Eve 24 December Christmas Day 25 December 2nd Day of Christmas 26 December

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

2(a)(5)(iii). The services performed under this contract shall not be performed during official, local holidays.

2(a)(6). Drums and Removals:

2(a)(6)(i). The contractor shall provide containers in accordance with 4(c)(1)(ix) for the collection and/or transportation of waste as an included task when performing Waste Management Services (WMS). The Government may purchase containers under CLINs N6700

– N6899 when they are not included in WMS (i.e. location where WMS is not performed). All containers 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).

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2(a)(6)(ii). 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 (which shall be provided by the Installation Environmental Office), the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN number and hazard class number; the name, address and telephone number of the DLA DISPOSITION SERVICES CONTRACTING contractor; the generator identification (ID) number; the Environmental Office point of contact; the name, address and telephone number of the generator, the fire and emergency services telephone numbers for the installation, all precautionary and health (P & H) phrases (in accordance w/ Global Harmonization System (GHS) and that are applicable to each waste stream and the CLIN number. There shall be no other labels, signs or symbols incorporated onto the hazardous waste label. Also, the Gefahrensymbole for the associated P & H phrases shall be affixed to the containers.

2(a)(6)(iii). Government Owned Containers shall not be reused by the contractor until all markings indicating US Government ownership have been removed. If compressed gas cylinders are not destroyed in the treatment process, they shall be rendered to scrap and unable to hold a positive pressure.

2(a)(6)(iv). 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.

2(b). REMOVAL:

DD Form 1155, Task Order Form (Attachment 1) 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.

2(b)(1). Spill Responsibility:

2(b)(1)(i). The liability for spills or releases resulting from the performance of this contract rests solely with the contractor and its agent.

2(b)(1)(ii). The contractor shall clean up spills and releases to the satisfaction of the COR/COTR, government representative and Installation Environmental Office to ensure 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 provide proof of disposal.

2(b)(1)(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. This plan shall be used in conjunction with the Installation Spill Notification Procedures. The plan should be provided to the COR and the installation Environmental Office. The contractor shall follow also all requirements of the Installation Spill Response Plan.

2(b)(1)(iv). The contractor shall immediately notify the CO and the COR/COTR, government representative and Installation Environmental Office of any spills or releases resulting from the performance of this contract. Contractor shall provide a written report to the CO 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 Installation Environmental Office and follow Installation Spill Notification Procedures and provide a copy of the written spill report to the Installation Environmental Office and the COR.

2(b)(1)(v). At a minimum, the immediate notification to the Contracting Officer, COR, COTR, and Installation Environmental Office 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.

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2(b)(1)(vi). At a minimum, the written report to the Contracting Officer, COR, COTR, and Environmental Office 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(b)(2). Segregation of Hazardous Waste:

2(b)(2)(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.

2(b)(2)(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.

2(b)(2)(iii). The contractor shall segregate, sort, package, re-containerize, identify shipping name, and label waste containers for assorted hazardous property that also has accumulated in an area other than a Hazardous Waste Accumulation Point (HWAP). This is included in Receiving Services or ordered under CLIN N6900 where Receiving Services are not performed. The contractor shall provide an itemized inventory of these wastes including:

2(b)(2)(iii)(A). International waste nomenclature, European Waste Code and hazard class.

2(b)(2)(iii)(B). Weight (kg) of each item and number and size of containers.

2(b)(2)(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.

2(b)(3). Government Equipment and Personnel:

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 than any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government owned loading equipment, and Government owned scales.

2(b)(4). Contractor Personnel:

2(b)(4)(i). 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. This will also apply in cases of sick or annual leave.

2(b)(4)(ii). 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 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.

2(b)(4)(iii). 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 DLA DISPOSITION SERVICES CONTRACTING CORs and the Contract Manager when they are on-site or transporting hazardous waste. Means of communication (cell phones, email) must be worked during regular work times. The contractor needs to provide personnel trained in hazardous waste classification, handling and storage and has to provide certificates of training to the COR.

2(b)(4)(iv). 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.

2(b)(5). Treatment of Hazardous Waste on Government Facilities

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The contractor shall NOT treat 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.

2(b)(6). Loading:

2(b)(6)(i). The contractor is responsible for loading, including furnishing all the equipment necessary for loading. Unless otherwise specified the Government shall not load at any location.

2(b)(6)(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. 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.

2(b)(7). Transportation:

2(b)(7)(i). The contractor shall transport waste in accordance with host nation and international 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 of Dangerous Goods (IMDG) Code, and Rail (RID) and other applicable regulations shall be utilized for all shipments.

2(b)(7)(ii). The contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, German, EU and international transportation regulations.

2(b)(8). Weighing of Property:

2(b)(8)(i). Verification of task order weights is required. The contractor shall weigh the wastes in the presence of the COR/COTR prior to departure from the installation. The contractor shall use contractor-provided calibrated portable scales. The annual calibration certificate shall be available for COR/COTR 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 US Government. In this case, the contractor shall provide weight tickets to the COR/COTR within 2 work days of removal.

2(b)(8)(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, 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.

2(b)(9). Bulk Liquid Pumping:

2(b)(9)(i). Bulk liquid items collected in government owned tanks or drums (>190 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 shall not be required to clean the container unless ordered under a separate CLIN. When bulk liquid pumping is ordered, it may be necessary for the contractor to pump material from tanks, scrubbers and sumps. The contractor shall furnish a collection vehicle equipped with pumps, hoses and a metering device. Pumps and hoses shall have the capacity to safely handle the types of waste to be collected, and be able to remove all liquids and sludge’s from tanks that can be removed without agitation or introduction of other materials to the tank. Pumps must be explosion proof and must be able to pump larger quantities.

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2(b)(9)(ii). 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 under the standard CLIN. Tank pumping should 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. CLINS N7010, N7020, and N7030 shall be 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.

2(b)(9)(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 task order issued for tank cleaning. However, the quantity listed on the task order shall be an estimated quantity and may be corrected with a modification after the fact.

2(b)(10). Charges for Expedites:

When any CLIN specified in the bid schedule requires immediate action with a period of performance other than that specified in the PWS, an expedited CLIN may be ordered in conjunction with the supporting task order. Minimum task order quantities shall not apply for expedited removals. When expedited removal is required for waste removal, the maximum amount of waste shall be limited to 35,000 KG of either a single waste stream or a combination of waste streams. No minimum/maximum quantity is applicable for non-waste removal services. Unit of issue reflects each time the contractor is requested to perform a service in an expedited manner.

Time period begins upon the issuance of a task order. The contractor is expected to utilize the services of sub-contractors if required to meet the timeframe.

2(c). POST REMOVAL:

2(c)(1). Return of Shipping Documentation:

2(c)(1)(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 (via German law) days following disposal of the waste.

2(c)(1)(ii). The contractor shall ensure that the copy of the manifest/shipping paper showing Contract No. and completion of transportation is returned to the COR no later than 30 days following delivery of the waste to the disposal facility.

2(c)(1)(iii). Any transportation and host nation manifesting/documentation requirements established by the International Maritime Dangerous Goods (IMDG) Code, the May 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and their Disposal (if applicable), shall also be provided to the COR and installation representative upon removal.

2(c)(1)(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).

2(c)(1)(v). The DLA DISPOSITION SERVICES COR’s address is as follows:

DLA DISPOSITION SERVICES, Grafenwoehr ATTN: Hazardous Waste COR Bldg 4051 92655 Grafenwoehr-Lager, Germany

3. DISPOSAL/RECYCLING

3(a). DISPOSAL:

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3(a)(1). Demilitarization Via Service Contract:

3(a)(1)(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 dispose of this 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.

3(a)(1)(ii). When CLIN N2650 is ordered for the demilitarization of Chemical Defense Equipment Kit (CDE) 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.

3(a)(1)(iii). When CLIN N1420 is 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.

3(a)(1)(iv). When CLIN N1800 is ordered for the demilitarization of Whetherlite Charcoal 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.

3(a)(1)(v). When CLIN N1920 is 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.

3(a)(2). Certificates of Disposal/Destruction CLIN N6635:

The contractor shall obtain and provide necessary documentation to prove that final disposal of CLINs N0400 – N3510 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 N6635 shall be ordered one (1) each for every CD desired per task order line item. (Reference Attachment 16)

3(a)(3). Detailed Analysis:

3(a)(3)(i). If the contractor shall perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples.

3(a)(3)(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 methods.

3(a)(4). Storage Restrictions:

3(a)(4)(i). The contractor shall properly store hazardous wastes and materials 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.

3(a)(4)(ii). Storage of waste cannot exceed the TSDRFs permit restrictions, but in all cases shall not exceed one year.

3(a)(5). Lab packing Wastes:

The US Government may have laboratory chemicals from a school or medical facility that require packaging for shipment and disposal. The containers of chemicals are small (less than 5 liters) and shall already be inventoried by the US Government. The

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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 N6910 includes the cost of containers, packaging, transporting, and disposal of the miscellaneous laboratory chemicals.

3(a)(6). Land Disposal Requirements:

3(a)(6)(i). Hazardous wastes shall only be land disposed when there is a reasonable degree of certainty that there shall be no migration of hazardous constituents from the disposal site for as long as the wastes remain hazardous. Hazardous waste may be land disposed only in facilities having the appropriate licenses from the authorities in the country in which they are located.

3(a)(6)(ii). Hazardous waste may be land disposed only when it is chemically inactive, or inert and in solid form.

3(a)(7). Treatment Technologies:

3(a)(7)(i). Organic Waste shall be treated using one of the following: (1) Incineration in facilities licensed by the country in which they are located to accept the type of HW being offered for disposal. (2) Fuel substitution where the units are operated such that destruction of hazardous constituents are at least as efficient, and hazardous emissions are no greater than those produced by incineration. (3) Biodegradation. Wastes are degraded by microbial action. Such units shall be operated under aerobic or anaerobic conditions so that the concentrations of a representative compound or indicator parameter (e.g., total organic carbon) have been substantially reduced in concentration. The level to which biodegradation shall occur and the process time vary depending on the hazardous waste being biodegraded. (4) Wastes are treated to recover organic compounds. This shall be done using, but not limited to, one or more of the following technologies: distillation; thin film evaporation; steam stripping; carbon adsorption; critical fluid extraction; liquid extraction; precipitation/crystallization or phase separation techniques, such as decantation, filtration and centrifugation when used in conjunction with one of the above techniques. (5) Chemical Degradation. The wastes are chemically degraded in such a manner so as to destroy hazardous constituents and control harmful emissions.

3(a)(7)(ii). Heavy Metals shall be treated using one of the following: (1) Stabilization or Fixation where wastes are treated in such a way that soluble heavy metals are fixed by oxidation/reduction, or by some other means which renders the metals immobile in a landfill environment. (2) Recovery where wastes are treated to recover the metal fraction by thermal processing, precipitation, exchange, carbon absorption, or other techniques that yield non-hazardous levels of heavy metals in the residuals.

3(a)(7)(iii). Reactive substances shall be treated using a method that changes the chemical or physical composition of a material such that it no longer exhibits the characteristic for reactivity.

3(a)(7)(iv). Corrosives. The contractor shall neutralize corrosive wastes to a pH value between 6.0 and 9.0. Other acceptable treatments include recovery, incineration, chemical or electrolytic oxidation, chemical reduction, or stabilization.

3(a)(7)(v). Batteries. Mercury, nickel-cadmium, lithium, and lead-acid batteries shall be to treated to stabilize, fix or recover heavy metals, as appropriate and neutralize any corrosives before disposal.

The poles of lithium batteries must be taped before packaging and transporting to prevent a short circuit.

3(a)(7)(vi).