Solicitation_SP4520R180004_11-1-18_(Modified).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

1000068174

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP4520-18-R-0004

6. SOLICITATION ISSUE

DATE

2018 NOV 01

a. NAME

James Smith DJS0147

b. TELEPHONE NUMBER (No Collect calls)

Phone: 4941106314112

8. OFFER DUE DATE/

LOCAL TIME

2018 DEC 07

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

05:00 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)

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SP4520-18-R-0004

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NOTES TO OFFERORS

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

2. The email address for submission of offers is james.e.smith@dla.mil

3. This contract consists of two 30-month performance periods: A base period and one option period.

4. Offerors must make the acceptance period for their offers at least 120 days from proposal submission receipt/close date.

Any offer with an acceptance period of less than 120 day will be deemed nonresponsive and not considered for evaluation.

5. The resulting contract will cover US Military Installations in the state of Hessen, and the state of Rheinland-Pfalz, Germany. Other locations on the Hessen contract not referenced in either the current PWS or pricing schedule, may be added after contract award at the discretion of the Government.

6. The Contractor is cautioned that some requirements for information and plans are required before start of work on this contract, Reference PWS Sections 1.1.1.

7. Pricing is on a per kilogram basis, unless noted otherwise.

8. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract 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.

9. The Contractor agrees that, for those portions of the services provided on a Government installation, the services are provided during normal hours of operations for the installation, which are available, upon request, from the Contracting Officer's Representative (COR).

10. The disposal CLIN prices include transportation.

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11. Offerors are encouraged to familiarize themselves with customs requirements and processes for Hessen, Germany referenced in the PWS, as the Awardee shall be responsible for knowing and adhering to these requirements in order to remove hazardous waste.

12. Qualified Facilities List (QFL) and Qualified Transporters Listings (QTL). Offerors are encouraged to explore the use of these facilities and transporters, but are cautioned that DLA Disposition Services does not guarantee any of these possible sources will be approved for the QFL/QTL upon receipt of the required documents. Links to these lists are located on the Defense Logistics Agency (DLA) Disposition Services (DLA-DS) website: http://www.dla.mil/DispositionServices/ Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

13. The Offeror shall provide DLA Disposition Services with a list referencing all intended interim and final disposal/recycle facilities for disposal CLINs listed in the Bid Schedule of this contract; see Facility-CLIN Assignment Sheet.

PERFORMANCE WORK STATEMENT PWS

1. REMOVAL

1.1. PRE-REMOVAL

1.1.1. PERMIT/SPECIAL REQUIREMENTS

1.1.2. SHIPPING DOCUMENTATION

1.1.3. NOTIFICATIONS

1.1.4. TRAILER SECURITY, PADLOCKS

1.1.5. HOURS OF OPERATION

1.1.6. PUBLIC AFFAIRS COORDINATION

1.1.7. ENVIRONMENTAL MANAGEMENT SYSTEM

1.2. REMOVAL

1.2.1. SPILL RESPONSIBILITY

1.2.2. SEGREGATION OF HAZARDOUS WASTE

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1.2.3. STATEMENT ON CONTAINERS

1.2.4. US GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5. TREATMENT OF HAZARDOUS WASTE ON US GOVERNMENT FACILITY

1.2.6. LOADING/TRANSPORTATION

1.2.7. WEIGHING OF ITEMS

1.2.8. TASK ORDER ADJUSTMENTS

1.2.9. BULK LIQUID PUMPING

1.2.10. CHARGES FOR EXPEDITES

1.3. POST REMOVAL

1.3.1. RETURN OF SHIPPING DOCUMENTATION

2. DISPOSAL/RECYCLING

2.1. STORAGE RESTRICTIONS

2.1.1. LAND DISPOSAL

2.1.2. CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

2.1.3. DETAILED ANALYSIS

2.1.4. TREATMENT TECHNOLOGIES

2.2. DEMILITARIZATION

3. SPECIAL SERVICES

3.1. PERFORM ANALYSIS

3.2. PREPARE WASTE PROFILE SHEET

3.3. IDENTIFY UNKNOWN WASTE STREAMS & PREPARE WASTE PROFILE SHEETS

3.4. LAB PACKING SERVICES

3.5. MANAGEMENT SERVICES

4. ACCEPTABLE PERFORMANCE LEVELS

5. USE OF FACILITIES AND TRANSPORTERS

5.1. QUALIFIED FACILITIES

5.2. QUALIFIED TRANSPORTERS

5.3. ADDITIONAL TSDFS AND TRANSPORTERS

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

5.5. TREATMENT, STORAGE, DISPOSAL & RECYCLING (TSDR) FACILITIES

6. ADDITIONAL REQUIREMENTS

6.1. INDEMNIFICATION

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6.2. REPORTING REQUIREMENTS

6.3. PACKING, MARKING AND LABELING

6.4. PLACES OF US GOVERNMENT INSPECTION

6.5. CONTRACTOR REPRESENTATIVE

6.6. INCIDENTAL FEES

6.7. MANPOWER REPORTING REQUIREMENTS

6.8 PASSES FOR ENTRY INTO MILITARY PREMISES

7. PERIOD OF PERFORMANCE- INCLUDING DISPOSAL AND REMOVAL

8. DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND

TRACKING

8.1. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

8.1.1. ACCEPTANCE AND INVOICING

8.2. REMEDIES FOR NON-COMPLIANCE

8.3. CONTRACT MINIMUM/MAXIMUM

8.4. PARTIAL PAYMENTS UPON FINAL DISPOSAL

PERFORMANCE WORK STATEMENT PWS

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 Hessen and the state of Rheinland-Pfalz, Germany. Additional services include: expedited removals, Waste Management Services (WMS), Receiving Services, laboratory analysis, preparation of DD Form 1348-1, sampling and 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.

b. The removal, transportation, storage, treatment and disposal of wastes 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.

d. The contract includes a base period of 30-month, plus one option period of 30-months. See FAR 52.217-8 and 52.217-9 for more information about contract extensions.

1. REMOVAL

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The requirements for removal of wastes under this contract are divided into three main phases: Pre- Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Sub- contractors must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Sub-contractors 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 equipment and Personal Protective Equipment (PPE) shall be provided by the Contractor, unless otherwise stated, and must 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 forklifts with specifications that meet the applicable permit requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by U.S. Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. 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.

The contractor's and its sub-contractor personnel must be qualified and available to provide all the services specified in this PWS at contract award.

b. Furthermore, the contractor's personnel and/or sub-contractor providing the services listed in this PWS shall have all necessary documents, Army and/or Host Nation required training certificates, clearances, background checks etc. completed, to start providing the services described in this PWS at the required performance level within one week after start of the performance period.

c. The Contractor may be required to attend any special required training, seminar, instruction, class, etc.

provided by the U.S. Government or to provide information to perform work or gain access to the installation, for example: pass and ID requirements and antiterrorist training. The contractor's personnel and/or sub-contractor providing this service shall wear an identification badge (Required) at all times while in the Garrison.

If additional requirements are necessary, they shall be negotiated with the contractor.

d. The contractor agrees that his personnel and equipment shall be subject to inspection while on U.S.

Government controlled property.

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

f. The contractor shall be responsible for all damages to persons or properties that occur due to fault or negligence.

g. Kickoff Meeting: Not later than (NLT) 15 workdays after notice to proceed (NTP). The Contractor shall meet with the COR and the Customer. The meeting will be held at USAG Wiesbaden. The contractor shall ensure that all the contractor's personnel and/or sub-contractor, providing the services listed in this SOW, shall be present as well as the Contractor's project manager.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

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

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

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

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

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

f. Any waste scheduled to be removed from the installation that continues to not have the proper documentation shall be shipped at a later date when the proper documents are provided. The contractor shall bear all costs as a result of such a delayed shipment.

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

h. The designated garrison representative is responsible for signing the Uebernahmeschein/ Begleitschein.

The designated garrison representative has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation, safety or environmental regulations.

i. Electronic Manifest: CLIN N70510

1. 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.

2. The contractor shall provide the portable electronic manifest equipment required for the designated garrison representative to use his electronic signature card to sign manifests at the point of removal. The contractor shall provide the designated garrison representative and the COR one paper copy each of the signed electronic manifest at the time of waste removal.

3. The contractor shall register and provide access for designated garrison representative to ZKS (Zentrale Koordinierungsstelle der Länder) through portal usage during the life of the contract. The designated garrison representative will have administrative rights to create, edit or modify all documents related to the installation (Entsorgungsnachweis, Begleitschein, Ubernahmeschein) within ZKS (Zentrale Koordinierungsstelle der Länder), NSUITE or any other portal.

j. Waste Identification:

k. When under this contract Hazardous waste profiles sheets (HWPS), are produced for Army installation generators, use DLA form 2511 under this contract 1, NOV 2016 (Attachment 6).

l. Misidentified Items:

1. In case the US Government/Contractor/Other related parties misidentifies a waste description on a task order, supporting documentation must be verified, the contractor has the responsibility to inform the COR and designated garrison representative as soon as the contractor becomes aware of the misidentification.

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2. The contractor shall notify the COR and designated generator representative prior to removal or within 3 work days of the removal and prior to disposal.

3. If the Contractor asserts that an inappropriate CLIN has been assigned, and a new CLIN needs to be added to the Contract, the burden of proof lies with the Contractor. The Contractor must provide documentation, which supports the assertion through independently acquired laboratory analysis at the Contractor's expense, TSDF fingerprinting results, and/or other written supporting documentation. Supporting documentation does not include information provided to the contractor prior to removal from the site. The waste shall not be treated or disposed of until the US Government/Contractor/Other related parties 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.

1.1.3 NOTIFICATIONS

Except as otherwise specified herein and if required, the Contractor shall notify the Contracting Officer's

Representative (COR) and the designated garrison representative for each location, at least four (4) working days BEFORE attempting site visits, analysis or pickups.

a. 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 and the ADR certificate to the COR and other U.S. 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 or designated garrison representative prior to any attempted removals. If this option is elected and the list is approved by the U.S. 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.

b. 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 designated garrison representative

c. The U.S. 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 drivers arrives at the pickup location(s), other than the one previously identified under this notification requirement or whose name does not appear on the approved multiple drivers list

d. For Task/delivery orders (DO) containing Expedited Removals, Services or Performance Contract Line Item Numbers (CLINs) the Contractor shall notify the COR and designated garrison 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 1.1.3 a 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 1.1.3 a 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.

e. Waste Report:

1. The contractor shall provide the designated garrison representative, COR and the CO a report that summarizes hazardous waste/material movements from the point of generation to the final TSDRF.

The Monthly HW Report Form (Attachment 9) shall be in a Microsoft Excel Format (Microsoft Office Excel 2007 or later) with all fields capable of being sorted and queried by the user (all fields must be

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reliable and accurate). The report shall be provided electronically latest by the 15th day of the following month.

2. The contractor shall provide an annual report summarizing hazardous/special waste movements from point of generation to disposal facility. The output shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR and the DPW-ED electronically and on a CD ROM on 15 January of each year.

3. The contractor shall ensure that a Hazardous Waste Profile Sheet (HWPS) (e.g. DLA form 2511, NOV 2016 (Attachment 6)) has been filled in by the generating activity prior to movement of Hazardous Waste (HW) to any other location. Prior to movement, the contractor will check whether the HWPS has been filled out by the generating activity correctly. No (HW) will be moved without a completed HWPS. For tracking purposes the contractor shall note a unique HWPS reference number on the upper right of the HWPS (e.g. Building#-CLIN-Date of pick-up (YYYYMMDD)). The contractor must track all container supplies and movements of HW by using the Tracking Sheet for Placement Movement to Storage Removal (Attachment 19). The Tracking Sheet for Placement Movement to Storage Removal applies to all HW moved including containers, Underground Storage Tanks (USTs) and Above Ground Storage Tanks (ASTs). Prior to movement of containers off the installation the collected HWPSs will be provided by the contractor to the COR and the designated garrison representative.

4. Preparation of the Annual Waste Report (Abfallbilanz), CLIN N66500, 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 DPW- ED POC. The report shall be completed within 45 calendar days after issuance of the task order.

5. The contractor shall provide HWAP-HWSA Inspection Logs (Attachment 12) and HW Receiving Logs (Attachment 13). Both (HWAP and HWSA Inspection Logs and HW Logs) result from the Waste Management Service (WMS) that the contractor shall conduct on a weekly basis on all assigned HWAPs and HWSA. A hardcopy of both logs shall be left at the day of the site visit with the generating activity. A digital copy shall be sent to the DPW-ED POC within three working days after HWAP/HWSA site visit.

6. For tracking of quantities, waste streams and generating activities that is turned-in at the Hazardous Waste Storage Area (HWSA) during the Receiving Service the contractor shall use the Internal Hazardous Waste Audit Trail Document (Attachment 18).

7. Manifest Tracking Log: The contractor shall complete DLA DISPOSITION SERVICES CONTRACTING Form DL2505, 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.

Note: All fields in report formats will be completely filled in.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All Contractor trailers capable of being padlocked shall be padlocked upon arrival at the pickup location.

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

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b. The COR or other US Government representatives have 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 US Government.

c. The US 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 has a trailer capable of being padlocked 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.

1.1.5 HOURS OF OPERATION

a. All services performed under this contract shall be performed during regular working hours (Contact the COR for specific working hours) Monday through Friday. Services will not be performed on local, national and American holidays. The specific date and time for off-site removal services, shall be established by the COR and the contractor via FAX pickup request which shall constitute a call against a task order (refer to paragraph 1.1.3, NOTIFICATIONS). The COR shall forward the pickup request information to the generating activity/ representative. The COR shall meet the contractor at the scheduled pickup site at time agreed upon by the contractor, COR and designated garrison representative. 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.

b. The Germany Holidays are:

Holiday Date New Year's Day 01 January

Epiphany, Three Kings 06 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

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Assumption 15 August

German Unity Day 03 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.

1.1.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (CO). Under no circumstances shall any statement be released to the news media directly by the Contractor or any agents of the Contractor.

1.1.7 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

a. The DLA Disposition Services implemented EMS in accordance with ISO 14001:2015, DoD, and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services Mission. The DLA Disposition Services EMS program is explained in DLA DISPOSITION SERVICES - I 6050.2 (Attachment 20).

1. Site supplements detail information required by EMS at a local level such as local, state, and host environmental regulations as well as local emergency procedures and operating systems unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DoD/DLA host facility EMS program.

2. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities' EMS program.

b. The current list of DLA Disposition Services qualified facilities can be viewed at http://www.dla.mil/ DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

1.2 REMOVAL

DD Form 1155, Task Order Form (Attachment 2) shall be completed for all items ordered or services performed on a Task Order, to include transportation and removal of waste, sampling and analysis, container procurement, etc. At the time of waste removal or service the contractor shall complete the applicable fill-ins on the DD Form 1155 for each removal/transport of wastes, to record the type of wastes, quantities removed and waste codes. These quantities so annotated shall be the basis for payment. Once wastes have been loaded onto the conveyance, and prior to departing the military installation, the contractor shall obtain the Generator's signature to confirm the type of wastes and quantities removed, and to verify the removal services.

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No payment for removal of waste shall be paid without the certified form.

1.2.1 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for cleanup and proper disposal of any and all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Sub-contractors to the satisfaction of the US Government and at no cost to the US Government to ensure compliance with all applicable laws and regulations.

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

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

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

e. At a minimum, the immediate notification to the CO, COR and DPW-ED POCs 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.

f. At a minimum, the written report to the CO, COR and DPW-ED POCs 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.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

a. 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.

b. 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.

c. 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). The contractor shall provide an itemized inventory of these wastes including:

d. International waste nomenclature, European Waste Code and hazard class.

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

f. 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.

1.2.3 STATEMENT ON CONTAINERS

a. The contractor shall provide containers, when required under this contract, for the collection and/or

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

b. All contractor provided containers shall be labeled by the contractor. The labels shall be resistant to fading from moisture and sunlight. All containers of hazardous waste shall be labeled in English and German, with the following words `hazardous waste', any hazard warnings; the internationally recognized name of the substance; the European Waste Code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) UN Number, Proper Shipping name, Hazard Label Number(s), Packing group;

the name, address and telephone number of the DLA DISPOSITION SERVICES CONTRACTING contractor; the generator identification (ID) number; the DPW-ED point of contact; 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 and CLIN description. Also, the Gefahrensymbole (hazard symbols) for the associated P & H phrases shall be affixed to the containers. There shall be no other labels, signs or symbols incorporated onto the hazardous waste label.

c. US 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.

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

e. The US Government has determined the pick-up locations within each US installation per Service Locations (Attachment 8). The contractor shall provide containers of HW for these locations within 21 days of being provided a listing of waste streams per each Installation. HW container quantities shall be estimated based on bid schedule quantities identified for each contract period. Container collection capacity, placement and removal shall be executed in accordance with the section (c) Management Services, of this contract.

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

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

1. contract number,

2. task order number,

3. the name and address of prime contractor, and

4. the CLIN number and description of item

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

1.2.4 US GOVERNMENT EQUIPMENT & PERSONNEL

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The US Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor's responsibilities under the contract. The contractor understands that any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers.

a. Contractor Personnel:

1. 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.

2. 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.

3. Contract personnel shall present a neat appearance and be easily recognized as contractor's employees. Contractor and sub-contractor personnel shall have the ability to communicate (i.e.

cellular telephones) with the CORs, DPW-ED POCs and the Contract Manager when they are on-site or transporting hazardous waste.

4. 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.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON US GOVERNMENT FACILITIES

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 harmful; 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.

1.2.6 LOADING/TRANSPORTATION

a. 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 US Government shall load, the US 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 US Government. Unless otherwise provided in the contract, the US 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.

b. Contractor is responsible for removing containers from waste lockers (with secondary containment), which involves driving on uneven surfaces, gravel, dirt, grass, etc.

c. 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.

d. 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.

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1.2.7 WEIGHING OF ITEMS

a. Verification of task order weights is required. The contractor shall weigh the wastes in the presence of the

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

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

1.2.8 TASK ORDER ADJUSTMENTS

All task order weights are estimated amounts. The contractor can expect that the task order weights will be required to be adjusted upward or downward as removals take place and the actual pounds being removed are measured. Therefore, the US Government has the unilateral right to increase the task order weight in those instances where the US Government has underestimated the amount of weight that is required to be removed so the contractor can continue performance. The US Government has the unilateral right to decrease the task order weight in those instances where the US Government has overestimated the amount of weight that is required to be removed. In instances of decreasing weight, these decreases are not subject to FAR 52.212-4, termination for convenience coverage. In addition, it is agreed that it is acceptable for the US Government to issue task order modification (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally.

The contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral task order modification, the contractor does not agree with the change or changes, the contractor reserves the right to seek resolution with the Contracting Officer (CO).

These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

1.2.9 BULK LIQUID PUMPING

a. Bulk liquid items collected in US 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. 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.

b. 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 N70100, N7035A 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.

c. The disposal of unpumpable sludge/solids removed as part of the cleaning process shall be ordered under the

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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.

1.2.10 CHARGES FOR EXPEDITES - CLINs N60000, N60100, N60150, N60160

When any CLIN specified in the bid schedule requires immediate action with a period of performance other than that specified in the bid schedule, an expedited CLIN may be ordered in conjunction with the supporting task order.

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