SP452018R0001 RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

1000066620

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP4520-18-R-0001

6. SOLICITATION ISSUE

DATE

2018 SEP 06

a. NAME

Phil Ake DPA0004 -- phil.ake@dla.mil

b. TELEPHONE NUMBER (No Collect calls)

Phone: (+49) 06317-106-9649

8. OFFER DUE DATE/

LOCAL TIME

2018 OCT 19

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

NAICS: 562211

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

10:00 AM CEST

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)

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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.

PERIOD OF PERFORMANCE

Base: 1 1 February 2019 - 31 July 2021 Option I: 1 August 2021 - 31 January 2024

*Proposed - May be subject to adjustment based on date of contract award

NOTES TO OFFERORS

1. The Notes to Offerors section will not be included in any award document.

2. Offeror proposal must be submitted in the English Language.

3. All submission and deadline times specified in the solicitation are based on Central European Standard Time (CEST).

4. The cut-off date for the receipt of further offeror questions is 10:00 CEST on 19 September 2018, in order for DLA Disposition Services to provide relevant answers to those questions. Questions received after that time may not receive an answer

5. A complete list of definitions and acronyms can be found in Attachment 17

6. This solicitation anticipates the award of a single contract, to one vendor, consisting of two 30-month performance periods: One base period and one option period.

7. Offerors are responsible for thoroughly familiarizing themselves with these notes, all terms, conditions, and requirements of the solicitation, and with accessing all clauses, attachments, and documents associated with it, including those incorporated by reference and/or having hot links.

8. This competitive solicitation is for a fixed-price indefinite-delivery, indefinite-quantity (IDIQ) contract, with firm-fixed-price task orders to be issued thereunder, written as a performance-based contract that allows the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor's Past Performance when an Acceptable Performance Level (APL) is not met.

These APLs are the minimum acceptable levels of performance. It is imperative that offerors fully understand that these APLs will be strictly enforced. The offeror's successful performance under these APLs may lead to DLA Disposition Services' decision to exercise options, as well as to past performance evaluations that may give the contractor a competitive advantage on future `best value' procurements by DLA Disposition Services and other Governmental and non-Governmental entities that may access the Contractor Performance Assessment Reporting System (CPARS) past performance evaluations. Failure to achieve successful performance levels shall produce the opposite result.

9. Important: Please read carefully the Past Performance Information (PPI) information in the Addendum to FAR 52.212-01 (Instructions to Offerors - Commercial Items) section, as the submission process for past performance information has changed. DLA Disposition Services may or may not contact the offeror's past performance references to obtain past performance information. The Offeror is responsible for requesting that references complete the Past Performance Questionnaire (Attachment 10) and ensuring that the Questionnaire(s) is submitted to DLA Disposition Services by the solicitation closing date.

10. The Contracting Officer will have very limited capability to answer questions the week of 8-12 October and responses submitted during this time may be delayed. Recommended that offerors plan accordingly.

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A. PRICE SCHEDULE

AFRICA (Base Period and Option 1) - see ATTACHMENT 1

B. PERFORMANCE WORK STATEMENT

SCOPE OF WORK

a. The United States Government (USG) agrees that all hazardous property placed on task order(s) on this contract will be accompanied by documentation and markings that comply with all applicable local, Host Nation, Environmental Baseline Guidance Document (OEBGD, ref: Attachment 19); the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR); the International Maritime Dangerous Goods Code (IMDG), European Agreement Concerning the International Carriage of Dangerous Goods by Rail (RID); and U.S. Federal law and Department of Defense (DOD) regulations relating to the generation, transportation and storage of hazardous property.

b. 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 locations within the countries of Cameroon, Djibouti, and Niger. The following countries are anticipated, but not guaranteed, to be future locations for HW disposal service on the continent of Africa; Ethiopia, Gabon, Nigeria, Ghana, Senegal, Libya, Tunisia, Uganda, Egypt, Liberia and Kenya. In the event that the Government requests service in one of the countries mentioned above, the contractor shall provide a copy of commercial registration for each country within operations are proposed. If the contractor is unable to register, the contractor shall provide Commercial Registration document(s) of partner(s) along with a copy of the partnership agreement(s).

c. Specific pick up locations within these countries are listed in Attachment 4. Additional services include laboratory analysis, preparation of the DD Form 1348-1, sampling & analysis services, reports and forms, and 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 of under this contract may possibly be contaminated with one or more substances not specifically identified. All items, regardless of the condition, discarded by the USG shall require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN).

d. The US Government has the right to request additional removal services at any location on the African Continent under the terms of this contract, the contract CLIN pricing shall apply, except for the addition of a new transportation CLIN by modification to the contract.

In addition, the contractor shall provide a copy of commercial registration for the countries within which operations are proposed. If the contractor is unable to register, the contractor shall provide Commercial Registration document(s) of partner(s) along with a copy of the partnership agreement(s). The Government reserves the right to contract separately for any of these new countries.

e. All USG expressed quantities listed in Column(s) `C' of the Bid Schedule (ref: Attachment 1) are estimated quantities only. The USG may order the estimated quantities for facilities in the countries listed in paragraph (b) above and more specifically listed in Attachment 4 (Pick-up Locations) or any combination of those areas depending on mission requirements.

f. The contractor shall furnish all labor, supervision, supplies, materials, services, equipment (to include but not limited to the following:

suction trucks, pumping equipment, sea land containers and container trucks, portable scales for weighing drums and bulk containers, sampling equipment and cleaning equipment, incidental spill cleanup supplies, forklifts, lift gate trucks, pallet jacks and waste collection containers) transportation, permits and authorizations to accomplish the work in a timely and efficient manner. The U.S. Government shall not furnish any personnel or equipment to assist the contractor in the performance of the contract unless specified. The Contractor understands that any other offers of assistance or use of Government equipment made by U.S. Government personnel other than the Contracting Officer are unauthorized and the contractor shall not accept any such offers.

g. The U.S. Government is not responsible for providing force protection to the contractor; however, the intent of the terms and conditions of the contract is that the contractor will not be sent into an area where there is anticipated to be live fire. 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.

h. The removal, transportation, storage, treatment and disposal of wastes offered under this contract shall 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, but also any transit countries through which the waste is transported.

i. List of Definitions and Acronyms see attachment 17

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1. REMOVAL

a. The requirements for removal of wastes under this contract are composed into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor, and their subcontractors, must 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 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) for Contractor personnel shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste. The Contractor agrees that his personnel and equipment are subject to safety inspections by United States Government personnel while on Federal property.

1.1 PRE-REMOVAL

a. Except as otherwise specified herein, the contractor shall notify the Contracting Officer's Representative (COR) or other Government representative for each location, at least fifteen (15) calendar days BEFORE attempting site visits, analysis or pickups.

b. The contractor shall provide the COR with all information required to obtain a badge, vehicle passes, identification card, etc.

needed for contractor personnel to perform work on this contract within 15 days of contract award. The U.S. Government requires updated information as required when additional contract personnel are used. Upon award of this contract the contractor is required to contact the CO for these requirements.

c. In addition to the notification above for pickups, the Contractor shall provide:

(1) The name of the driver; the driver's Commercial Driver's License/International Driver's License number and its expiration date to the COR or other Government representative at least 15 calendar days prior to removal.

(2) The contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Base Access Officials and maintained by the contractor, the 15 calendar day notification requirement is reduced to identify the number of drivers, the truck information, and arrival times.

d. If a driver, other than the one specified 15 calendar days in advance for the specific task order; or, one whose name does not appear on the optional list of approved multiple drivers arrives for pickup, the COR or other designated Government representative will verify the personnel switch with the prime contractor before the pickup commences. Voice communication should be initiated by the contractor to notify the COR of this situation. This may require a written notice or fax from the prime contractor. It may not be possible to make last minute changes and the driver(s) may not be given base access. The Government is not liable for any damages incurred by the contractor as a result of untimely or incomplete notifications.

e. 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 timeframes 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 arrive at the pickup locations(s).

f. The contractor will be responsible for locking of all vehicles, capable of being locked, after loading of waste on this contract.

The driver shall use his own padlock or other securing method. However, inspection at all base inspection points shall require the removal of the lock, as required.

NOTE: U.S. military base regulations will override all contract language for entry and exit to the base, including inspection of trucks and drivers.

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. The contractor warrants that they have been duly authorized to operate and conduct business in the country or countries in which this contract is to be performed, and that the contractor will fully comply with all host country laws, decrees, labor standards, and other regulations in force at the location where performance is taking place. The contractor shall, without additional expense to the U.S. Government, be responsible for obtaining any necessary licenses, permits, notifications, and customs applicable with the execution of the work, as required by applicable laws, codes, and regulations.

b. The contractor shall be responsible for all damages to persons or properties that arise out of performance of this contract.

c. Any shipments outside the country where the waste resides must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the Department of Defense (DOD) activity, the Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the COR with the shipping documentation in accordance with 1.1.2.

1.1.2 SHIPPING DOCUMENTATION

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a. All references to manifests in this provision relate to the “appropriate shipping paper.” The Contractor shall obtain and prepare all manifests, Hazardous Waste Profile Sheets (ref: Attachment 5) required for acceptance of waste into a Qualified Disposal Facility (QDF) and any other shipping documents. The Contractor shall provide the COR with a copy of the completed form(s) for review by the appropriate Government official at the time that property is removed from the installation. Additionally, any international transportation and Host Nation manifesting requirements established by the IMDG, ADR, RID or the 1989 Basel Convention on the Trans-boundary Movement of Hazardous Waste (e.g., ref Attach 13 - Sample Basel Agreement/Notification Form) and their Disposal must also be completed and provided to the COR upon removal of the waste from the installation. The COR has the authority to decline the signing of any manifest for waste loads which are not in conformance with transportation and environmental regulations.

b. DD Form 1155, Task Order Form issued by the Contracting Officer 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 COR'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.

c. The Contractor shall complete DLA Form 2505 (ref: Attachment 6), Manifest Tracking Log, annotating all wastes removed after each removal. The Contractor must describe and document in detail any differences between the actual quantities picked up (column 5) and the actual quantity disposed/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; this document is a deliverable IAW para 12(c)(4).

d. Mock EPA ID numbers created by DLA Disposition Services shall be entered on all applicable shipping documentation such as waste manifests and bills of lading (BOL). The same mock EPA ID number shall be used on DLA Form 2505, Manifest Tracking Log, ref: Attachment 6).

1.1.3 DISPOSAL/RECYCLING INSIDE/OUTSIDE THE COUNTRY OF ORIGIN

a. If Basel approval is required, the Contractor shall prepare appropriate notifications (against Miscellaneous CLINs A7000A- A7000L as appropriate) required to move and dispose of all waste listed in the schedule; however, the Contractor shall only initiate a Basel request upon receipt of a Task Order requiring Basel notification(s), and thereafter maintain any approved BASEL notifications for the lifecycle of the Basel (i.e., typically 12-months each). The contractor shall prepare all notification documents and act as the “IMPORTER” of the waste. The generator will act as the “EXPORTER” signing the appropriate block on the form. Photocopies of the application for notifications shall be provided to the Contracting Officer (KO); once these notifications are approved by National Competent Authorities, copies of approved notifications shall be provided to the KO. Once the waste has been removed from the installation, the Contractor shall provide the COR with a copy of the signed and dated Basel Trans-Boundary Movement Document (Basel Convention, Article 6, Paragraph 9; ref Attach 13) no later than 60 days following the acceptance of the waste by the TSDR. Photocopies of all completed shipping documents (ref 1.1.2.a. above) shall be forwarded with the invoice to include the Basel showing acceptance of the waste at TSDR. The documents must reference the applicable contract number and task order number. Upon release of a task order for Basel permits, the Contractor shall provide weekly reports to the KO outlining the step at which the Contractor is at obtaining follow-on notifications to ensure there is no lapse in service.

b. The contractor will ensure that the waste streams and the geographic distances involved in the transboundary movement of waste are reduced to the minimum necessary to comply with the treatment/disposal technologies specified in this contract and with any applicable international agreements.

NOTE: All costs associated with the Basel Notification process shall be priced within the schedule (ref: Attach 1) under each Miscellaneous CLIN required (i.e., A7000A- A7100L. No additional CLINs shall be ordered (other than periodic Miscellaneous CLINs A7000A- A7100L, and only as necessary and appropriate to technical proposal) to compensate for costs associated with the Basel request and approval process.

c. All Hazardous Waste may be disposed and exported out of country unless the specific country does not allow exportation of Hazardous Waste.

d. Recycling of waste such as Used Oil/Oily Rags/Used Oil/fuel Filters/Used Coolant/Antifreeze can be disposed in-country if a TSDRF is available and is approved by DLA. Recyclable are CLINs A2105, A2130, A2170, A2190, A2210, A2570 however DSD DLA- Disposition Services Environmental program office is authorized to add additional CLINs.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All Contractor furnished trailers, containers and tankers must be padlocked upon arrival at the pickup location. Failure to meet this requirement could result in the Government's halting of the pickup. All trailers and tankers must be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other

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Government representative.

b. The Government reserves the right to take appropriate action, such as pursuit of monetary consideration and/or annotation of negative past performance if the Contractor trailer capable of being padlocked arrives and/or departs from the pickup location(s) without meeting the padlock requirements mentioned above.

c. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in additional specific sections in this contract 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 will not be grounds for reimbursement by the Government.

1.1.5 HOURS OF OPERATION-

a. The Contractor agrees that, for those portions of the services provided on a Government installation, the services shall be provided during normal hours of operations for the installation. The normal hours of operations for installations on this contract are available, upon request, from the COR.

b. Known deviations from normal hours of operation are during U.S. holidays and Host Nation holidays.

1.2 REMOVAL

1.2.1 SPILL AND CONTINGENCY RESPONSIBILITIES

a. The character of the mission and the operations covered by this contract requires the contractor to have the ability to be responsive to unforeseen immediate and urgent circumstances should they arise, including injury, illness of key contractor personnel, denial of access to or removal from U.S. military facilities, and spill response.

b. The contractor is solely responsible for any and all spills or leaks occurring during or resulting from the performance of this contract.

The contractor agrees to clean up such spills or leaks to the satisfaction of the U.S. Government as represented by the COR and in compliance with all applicable laws and regulations of the country in which the spill occurs. The clean-up and disposal of all spill residues and debris shall be at no additional cost to the U.S. Government.

c. The contractor shall arrive at the pickup site with all required spill prevention and containment equipment and supplies, including salvage (overpack) drums, absorbent material, non-sparking tools, spark-free shovel, and the appropriate personal protective equipment, including but not limited to respirators, gloves, and boots.

d. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all Host Nation and Installation spill reporting and clean-up requirements as posted/notified. A written follow-up report shall be submitted to the KO no later than 24 hours after the initial telephonic report. The summary report 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. The written report shall be in narrative form and as a minimum include the following:

(1) Description of material spilled (including identity, quantity, manifest number, etc.);

(2) Whether quantity spilled is EPA/state reportable, and if so, whether it was reported;

(3) Exact time and location of spill, including a description of the area involved;

(4) Containment procedures initiated;

(5) Summary of any communications Contractor has with anyone other than the KO; and

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

(7) Provide the name, address, and phone number of persons involved in the incident.

1.2.2 SAFETY REQUIREMENTS

a. The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor shall comply with all applicable Host Nation, DOD, EU and international safety and health regulations as well as installation where performing services.

b. The Contractor shall ensure that all personnel involved in hazardous substances management are properly trained for the level of expertise required to perform the tasks.

c. The Contractor shall conform to the safety and health requirements contained in this contract for all activities related to the accomplishment of work. The Contractor shall ensure that, prior to initiating any work under this contract, all Contractor personnel, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 59 PAGES

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including subcontractors have read and understood all safety and health requirements.

d. The Contractor shall take such additional immediate precautions as the KO or designated Representative may reasonably require for safety and mishap prevention purposes. The COR / COTR has the right to stop all work it is not being conducted in a safe manner.

1.2.3 SEGREGATION OF HAZARDOUS WASTE AND PACKAGING / REPACKAGING/INVENTORY

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

1. International waste nomenclature, European Waste Code and hazard class. Weight (kg) of each item and number and size of containers.

2. 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 (A6900) unit price shall include the cost of containers required but it shall not include the cost of disposal.

1.2.4 MISIDENTIFIED ITEMS

In case the U.S. Government misidentifies a waste description on a task order, the contractor has the responsibility to inform the COR as soon as the contractor becomes aware of the misidentification.

The contractor shall notify the COR either prior to removal or within 3 work days of becoming aware of the U.S. Government's misidentification. The contractor shall demonstrate through lab analysis and/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, plus any lab analysis costs incurred for proper identification.

1.2.5 RESERVED

1.2.6 RESERVED

1.2.7 GOVERNMENT EQUIPMENT AND PERSONNEL-

Base access restrictions and installation regulations prohibit the Contractor from bringing/operating heavy material handling equipment (MHE) at the time of removal. The Government shall arrange to furnish the loading equipment and (USG) operator necessary to assist this particular phase for the performance of this contract.

1.2.8 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste on USG facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable Host Nation, FGS, OBEGD, DOD, and Federal (including 40 CFR 260.10) laws and regulations.

b. The Contractor shall not drain and/or flush PCB items at any USG installations. Draining shall be permitted only to prevent leaking and mitigate spills.

c. Treatment, disposal, or release of gas (other than inert) to the atmosphere on USG installations is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.9 LOADING-

a. At all the pickup locations (ref: Attachment 4), the USG will provide the initial loading of waste onto the Contractor's conveyance;

however, all blocking, bracing, lashing, banding, or securing of cargo must be performed by the Contractor. The Contractor shall be required to furnish all material handling equipment required to perform tasks associated with loading beyond the Government's obligation stated above.

b. All loading and bracing operations shall be performed simultaneously for best efficiency/economy of operations [e.g., the USG tailgate loads trucks with heavy MHE, while the contractor light MHE (hand dolly, pallet jack ,etc.) places on their truck for block, brace, and tie-down procedures]. Under no condition will the Contractor conveyance be permitted to move or depart the installation until it has been inspected by both the COR and the Generator and determined in compliance with all applicable transportation requirements.

1.3 WASTE IDENTIFICATION, WEIGHING OF WASTE

a. Waste Identification - The contractor or sub-contractors may be called upon to provide guidance and assistance to the generator and/or the COR for the identification of waste in accordance with EU laws. The final decision on waste classification resides with the

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generator; however, the contractor can challenge a waste description through the COR. The contractor shall provide proof (lab analysis, etc.) when challenging a DoD waste identification.

b. Weighing of wastes- 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.)

Each drum/container shall be weighed by the waste stream (CLIN). Example one - one pallet of four drums, all four drums on the pallet are the same CLIN - then the pallet can be weighed as one unit. Second example - all drums/containers are the same CLIN and placed in a 40-foot shipping container - then the shipping container can be weighed as one unit. Example three - four drums on a pallet and all four drums are different CLINs - then each individual drum has to be weighed separately. The contractor shall use contractor-provided portable scales. The annual calibration certificate must be available for COR inspection when portable scales are used. Should contractor scales not be available and the container to be weighed is too large for a portable scale, then public scales can be used at no additional cost to the U.S. Government. In this case, the contractor shall provide weight tickets to the COR within 2 work days of removal.

i. The net weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging, will not be removed by the contractor prior to disposal, and is required by regulation, such as ADR, IMDG, or the disposal country national 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.

c. Waste repackaging and loading shall be conducted in a safe and environmentally sound manner. Any garbage or trash resulting from consolidation of waste must be disposed of by the contractor off the installation and at no additional cost to the U.S. Government.

d. Under no circumstance will the contractor remove any waste from an installation without the issuance of a DD Form 1155 (task order) and in addition, a COR must be present to witness and document the removal.

e. Waste Analysis- Only laboratories having proper laboratory certification and accreditation 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 international methods.

1.3.1 PUMPING LIQUIDS

a. Bulk 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 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. The contractor shall coordinate with the COR to determine specific equipment requirements based on the location of tank(s) to be pumped. Pumps and hoses shall have the capacity to safely handle the types of waste to be collected and be able to remove all liquids from tanks without reaction or introduction of other materials to the tank. The generator has the option of having bulk liquids pumped from drums and retaining the drums or having the contractor remove the containers under the applicable CLIN in the price schedule. The actual weight of the material picked up must be identified on the shipping paper.

b. In the event the removal of bulk liquids is ordered, it is the Contractor's responsibility to have trucks weighed before and after pumping and submit weight tickets with invoices. U.S. Government scales will be used if available. The Contractor shall invoice for the net weight of all bulk liquid shipments.

c. The contractor will 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. Normally, bulk removal is ordered for bulk tanks only.

1.3.2 TREATMENT AND DISPOSAL RESTRICTIONS

a. Combing or consolidation of hazardous waste: Any commingling or consolidation of U.S. Government waste with non-U.S.

Government waste by the contractor or third parties shall result in the indemnification of the U.S. 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.

b. The contractor shall properly treat hazardous wastes and materials in a manner that effectively mitigates hazards to human health and the environment.

c. 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.

d. 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.

e. Land Disposal Requirements: Hazardous wastes will only be land disposed when there is a reasonable degree of certainty that there

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will 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.

f. Hazardous waste may be land disposed only when it is chemically inactive, or inert and in solid form.

g. Hazardous waste will only be landfilled in host country-approved facilities meeting the criteria stated in the landfill's permit.

1.3.3 TREATMENT TECHNOLOGIES

a. 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 is at least as efficient, and hazardous emissions are no greater those produced by incineration.

3. Biodegradation. Wastes are degraded by microbial action. Such units will 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 must occur and the process time vary depending on the hazardous waste being biodegraded.

4. Wastes are treated to recover organic compounds. This will 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.

b. Heavy Metals (CLINS A1800 - A1899) 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 adsorption, or other techniques that yield non-hazardous levels of heavy metals in the residuals.

c. Reactives 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.

d. 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.

e. Batteries. Mercury, nickel-cadmium, lithium, and lead-acid batteries will be processed in accordance with Section 1.3.3(b), Heavy Metals to stabilize, fix or recover heavy metals, as appropriate, and in accordance with Section 1.3.3(b), Corrosives to neutralize any corrosives before disposal.

f. Any PCB waste at concentrations greater than 50 ppm will be disposed of in a land-based, high temperature incinerator licensed by the Environment Agency for PCB disposal, or in a landfill licensed by the Environment Agency to receive PCB waste provided all the PCB articles are first drained of all free flowing liquids.

g. Treatment of hazardous wastes that are categorized as hazardous, that no longer exhibit any hazardous characteristic may be disposed of as solid waste. Treatment residues of wastes that are categorized as hazardous waste on the basis of EWC will continue to be managed as hazardous waste, including for disposal.

1.4 RESERVED

1.5 STORAGE RESTRICTIONS

a. 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.

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

1.6 RECYCLING RESTRICTIONS

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a. 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 and economically feasible.

b. Dilution in the recycling process, to include blending down of hazardous waste contaminants, is prohibited on U.S. Government controlled property.

c. To the maximum extent possible, waste disposal should be minimized through recycling, reuse, and energy recovery. The U.S.

Government may withdraw any items on task order for use, reuse, or recycling.

d. Energy recovery facilities must meet applicable air quality standards. Used POL and fuels must have a PCB content of <50 ppm PCB to be recycled using energy recovery, in accordance with international standards or regulations.

e. If a waste designated for recycling does not meet required parameters, the contractor must notify the CO, in writing, of the rationale for waste rejection. If the Government concurs, the applicable disposal CLIN for the waste shall be assigned.

f. If compressed gas cylinders are recycled for their basic metal content (scrap), the contractor is required to render compressed gas cylinders unserviceable by crushing, cutting or other means, but at the very least removing the valve and cutting a hole in the cylinder which removes the specification marking and renders the cylinder unable to hold a positive pressure. If it is not possible to cut a hole in the cylinder, the specification markings and Government-ownership markings shall be removed by grinding or other means. The valve must be removed or punctured so that the cylinder cannot be pressurized.

1.7 PERFORMANCE TIME- INCLUDING DISPOSAL AND REMOVAL

a. All items listed on each task order shall be removed from the Government facilities within 45 calendar days after issuance of the task order except as noted below. Removals, regardless of their performance timeline, will not commence until the COR or other Government representative has confirmed the identity of the driver via a Commercial Driver's License (CDL) or host nation equivalent.

Disposal of all items identified in this contract shall be completed as follows: within two hundred twenty five (225) calendar days after issuance of each written task order for hazardous items with a final disposal method other than destructive incineration. For hazardous items that must be disposed of via destructive incineration, disposal of all items shall be completed within three hundred fifteen (315) calendar days after issuance of each written task order.

*NOTE: Performance times for other work items:

A6600-A6099 (Sampling/Analysis): Results returned within 45 calendar days

A6630-A6650 (Document Preparation): 30 calendar days

A6700-A6900 (Containers): Delivered within 30 calendar days

A7000A- A7000L (Basel Notification): Copy of completed approvals within 90 calendar days

b. All work under this contract, including submittal of all required reports and disposal documentation shall be completed/submitted to the Contracting Officer within two hundred seventy (270) calendar days after issuance of each written task order for hazardous items with a final disposal method other than destructive incineration. For hazardous items which must be disposed of via destructive incineration, all work under this contract, including submittal of all required reports, and disposal documentation shall be completed/ submitted to the Contracting Officer within three hundred sixty (360) calendar days after issuance of each written task order.

*NOTE: A contractor opting to dispose of hazardous items via destructive incineration (as opposed to hazardous items which can ONLY be disposed via destructive incineration) shall provide all required reports and disposal documentation within 270 calendar days after issuance of each task order.

1.3 POST REMOVAL

1.3.1 TRANSPORTATION

a. The Contractor shall transport waste in accordance with Host Nation, ADR, IMDG, Basel Convention and international regulations governing identification, packaging, labeling, marking and placards of dangerous goods containers and vehicles for transportation. All hazardous property and dangerous goods shall be transported in UN specification containers. The Contractor is responsible for ensuring that shipping documents (manifest) will accompany all hazardous property to ensure cradle to grave audit. The standards set forth in the ADR, IMDG, RID; DOD or Host Nation regulations shall be utilized during shipment.

b. The contracted drivers must possess the appropriate emergency action instructions and any other documentation/training required by ADR, IMDG, Host Nation and international transportation regulations. All transport vehicles shall be equipped with the appropriate emergency response equipment and spill response materials.

c. The Contractor shall comply with all laws and regulations associated with the transport of hazardous waste containers outside the

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country of origin and in all transit countries. These include but are not limited to, any provisions governing the prior notification of competent authorities, temporary storage and custom clearance. To the extent that the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal or European Union notifications are applicable to movements of hazardous/special waste under this contract, the Contractor or his subcontractor shall act as the “exporter” and the “importer”.

1.3.2 TRANSPORTATION CHARGE (Applicable to…