FBO FINAL Turkey PWS -3-12-19 Amend 2.docx

SP452018R0005 Amend 0002 - 12 March 2019

0. PERFORMANCE WORK STATEMENT

1. REMOVAL

1.1 PRE-REMOVAL

1.1.1 PERMITS

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

1.2.3 STATEMENT ON CONTAINERS

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

1.2.6 LOADING/TRANSPORTATION

1.2.7 WEIGHING OF ITEMS

1.2.8 TRANSPORTATION SERVICES (CLINs N6028 through N6035)

1.2.9 BULK LIQUID PUMPING

1.2.10 TASK ORDER ADJUSTMENTS

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

2. DISPOSAL/RECYCLING

2.1 STORAGE RESTRICTIONS

2.1.1 LAND DISPOSAL REQUIREMENTS

2.1.2 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING

2.1.3 DETAILED ANALYSIS

2.1.4 TREATMENT TECHNOGOLIES

2.2 RECYCLING

2.3 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

4. ACCEPTABLE PERFORMANCE LEVELS

5. USE OF FACILITIES AND TRANSPORTERS

5.1 QUALIFIED FACILITIES

5.2 QUALIFIED TRANSPORTERS

5.3 ADDITIONAL TSDRFS AND TRANSPORTERS

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

5.5 TREATMENT, STORAGE, DISPOSAL & RECYCLING FACILITIES (TSDRFS)

6. ADDITIONAL REQUIREMENTS

6.1 INDEMNIFICATION

6.2 PLACES OF GOVERNMENT INSPECTION

6.3 CONTRACTOR REPRESENTATIVE

6.4 INCIDENTAL FEES

6.5 MANPOWER REPORTING REQUIREMENTS

6.6 PASSES FOR ENTRY INTO MILITARY PREMISES

6.7 SAFETY REQUIREMENTS

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

8.2 REMEDIES FOR NON-COMPLIANCE

8.3 CONTRACT MINIMUM/MAXIMUM

8.4 PARTIAL PAYMENTS UPON FINAL DISPOSAL

0. PERFORMANCE WORK STATEMENT

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 United States (US) Government (hereby defined as “Government” in this contract) and Allied Forces Installations in the Republic of Turkey (Turkey) at the locations listed in the list below.

INClRLIK: Defense Logistics Agency Disposition Services Incirlik (JH-AWK);

Unit 7175 Box 235 Incirlik Hava USSU Adana, Turkey 01340 ANKARA: Defense Logistics Agency Disposition Services Incirlik (JH-AWK);

Unit 7175 Box 235 Incirlik Hava USSU Adana, Turkey 01340 IZMIR: 425th Air Base Squadron Cigli Hava USSU, Cigli, Izmir SITE “D”: 720th Expeditionary Air Base Squadron (720 EABS), Diyarbakir, Turkey SITE "G": Air Defense Artillery Site-G, Gaziantep, Turkey SITE "K": Task Force Atlantic Sentry, Site-K, Kurecik, Malatya, Turkey NOTE: The majority of hazardous/special waste for which services are required under this contract will be generated at Incirlik Air Base (AB). Installations in or around Izmir and Ankara, Turkey will also require periodic removals of small quantities. Removals at Izmir and Ankara may be requested in conjunction with removals scheduled for Incirlik AB. In addition, removals at Site D, Site-K and Site-G will also require periodic removals of small quantities. Removals from other sites such as Site-K and Site-G will be coordinated with the governmental COR to get precise site location and any necessary pick-up information.

b. Additional services include laboratory analysis and waste reports. 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.

c. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with Turkish 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. The contractor shall furnish all labor, supervision, supplies, materials, services, equipment to include (but not limited to) the following: suction trucks, pumping equipment, repackaging equipment, container trucks, bulk containers, cleaning equipment, incidental spill cleanup supplies, transportation, permits and authorizations to accomplish the work in a timely and efficient manner.

d. The contractor shall furnish any necessary or required material, to protect the shipment during periods of inclement weather. This will ensure the safety of containers and hazardous material/waste that is packed in absorbent type containers. For example, any wooded boxes containing asbestos or florescent light tubes should be covered with a tarp during periods of rain or snow. Any other types of material/waste accepted for shipment that are stored openly or in open containers, on the truck should be covered also during inclement weather.

e. The removal, transportation, storage, treatment and disposal of wastes offered under this contract are to be performed in accordance with any and all environmental laws and regulations of the country/countries in which the waste is located (including, but not limited to Turkish environmental laws and the environmental laws of those countries through which transport takes place) as well as any 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, including the United States of America.

f. The requirements in this statement of work are not intended to contradict existing host country laws, regulations, decrees and orders or subsequent binding instructions from competent authorities. If the contractor is aware of such a contradiction, the contractor is responsible for identifying it to the Contracting Officer. The Contracting Officer will determine if a waiver is required. The contractor shall not commence performance under a waiver request until the Contracting Office has granted written approval of the waiver.

g. PERFORMANCE PERIOD The contract includes a base period of 12-months, plus four option periods of 12-months each.

Base Period: 1 April 2019 – 31 March 2020 Option I: 1 April 2020 – 31 March 2021 Option II: 1 April 2021 – 31 March 2022 Option III: 1 April 2022 – 31 March 2023 Option IV: 1 April 2023 – 31 March 2024 NOTE: This Period of Performance (POP) is notional, and true POP presented here and in PWS may adjust based on award date of contract.

h. CONTRACTING OFFICER'S REPRESENTATIVE AND CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE:

The Contracting Officer's Representative (COR) and Contracting Officer’s Technical Representative (COTR) are individuals designated by the Contracting Officer (CO) and is authorized in writing to perform specific technical or administrative functions. The contractor will receive a copy of the written designation. It will specify the extent of the COR's/COTR’s authority to act on behalf of the CO. The COR/COTR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

1. REMOVAL

The requirements for removal of wastes under this contract are divided into three main phases – Pre-Removal, Removal, and Post-Removal. The contractor, and his subcontractors, shall perform at all times in a prudent, conscientious, safe and professional manner. The contractor shall ensure that its agents, employees, and subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Handling and Personnel Protective Equipment (PPE) shall be provided by the contractor and shall be appropriate to ensure safe handling of the hazardous waste. When operating in a location or facility identified for service under this contract, the contractor is required to provide forklifts with specifications that meet the applicable permit requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property.

1.1 PRE-REMOVAL

1.1.1 PERMITS

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 Turkey and transit countries during the performance of this contract. The contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses, permits, notifications, and customs procedures, if applicable laws, codes, all Final Governing Standards (FGS) documents to include the loading/unloading register, and regulations in connection with the execution of the work. This includes acquiring all required permits, registrations, authorizations or notifications necessary to operate in any country or on any installations listed in this contract or intended to be used by the contractor for transit or disposal.

b. The US Government, as waste producer, is responsible for identifying the Europe Waste Catalog Numbers (EWCs) according to EC directive number 2001/118/CE. The contractor shall only remove waste under the European Waste Code provided by the waste producer that identifies the process generating the waste. Should the contractor disagree with the pre-assigned Waste Catalog Number, the contactor shall immediately notify the discrepancy to the COR for resolution.

1.1.2 SHIPPING/DISPOSAL DOCUMENTATION

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

b. The contractor shall prepare, complete, and provide copies of the appropriate shipping documentations to the COR and designated, installation representative at least 5 days prior to the removal of the waste from the installation.

c. All hazardous waste leaving the installation shall be tracked in the online Waste Management Model of Turkey (MOTAT) https://ecbs.cevre.gov.tr/KullaniciIslemleri/Giris to ensure a complete audit trail from point of origin to ultimate disposal.

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

e. The COR shall endeavor to notify the contractor of any COR requested corrections to the appropriate shipping documents before pickup, if possible. Removal may be halted by the COR until the required documentation is provided or the COR may allow the removal to continue depending on the severity of the errors.

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

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

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

i. Waste Identification:

“When Defense Logistics Agency (DLA) Form 2511 - Hazardous Waste Profiles Sheets (HWPSs) are produced by the contractor, the contractor shall use the latest version available in Attachment 6.

j. Misidentified Items:

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

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

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

1.1.3 NOTIFICATIONS

Except as otherwise specified herein and if required, the contractor shall notify the COR and the Generator or other installation representative for each location, at least five (5) working days BEFORE attempting site visits, analysis or pickups.

In addition to the notification above for pickups, the contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number or photo identification and its expiration date to the COR/COTR or other Government representative at least 48 hours prior to removal. The contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR/COTR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the contractor, the 48 hour notification requirement is moot for the remainder of the contract unless otherwise modified, unless a driver not on the list is intended for use by the contractor, in which case the 48 hour notice and information is required. 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 Government requires updated information as required when additional contract personnel are used. Upon award of this contract the contractor is required to contact the Contracting Officer for these requirements.

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

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

c. Waste Report:

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

2. The contractor shall provide an annual report in the host nation language summarizing hazardous/waste movements from point of generation to disposal facility. The report shall indicate how much of each waste stream from each waste generator went to which disposal facility and how much of that waste was recycled. This report shall be provided to the COR electronically on 15 January of each year, through the last task order issued under the contract.

3. Manifest Tracking Log: The contractor shall complete DLA Form 2505 – 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 13). 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.

d. Removals at Site "K" will have to be coordinated through the DLA Disposition Services COR at Incirlik AFB. The location is situated on top of a mountain; therefore, it has no physical address. The location is near Kuricek, Turkey, approximately 400 KM from lncirlik AB; Access procedures may change without notification.

e. Removals at Site “G” will have to be coordinated through the DLA Disposition Services COR at Incirlik AB. The location is situated on a Turkish military base and has no physical address. It is located approximately 200KM from Incirlik AB on highway D400 within the Gaziantep city limits (Northwest). Access procedures may change without notification.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All contractor trailers utilized for hazardous waste pickup shall be padlocked upon arrival at the pickup location. Failure to meet this requirement may result in the Government’s halting of the pickup. All trailers capable of being padlocked shall also be padlocked again prior to departure of the pickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other Government representative(s).

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver and, refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. The contractor shall assert no claim against the Government for any costs or demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups Government for reasons specified in this section.

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

1.1.5 HOURS OF OPERATION

a. The Government anticipates, unless different hours/days are specified for a particular service, that all services performed under this contract shall be performed, on a daily basis, during regular working hours (0730 through 1630 hours) Monday through Friday. Service may be needed on local, national and US holidays (only with prior COR approval/contractor concurrence). The specific date and time for off-site removal services, shall be established by the COR and the contractor via email or a facsimile pickup request which shall constitute a call against a task order (refer also to Section 1.3 Notifications). The COR shall forward the pickup request information to the generator. The COR shall meet the contractor at the scheduled pickup site at time agreed upon by the contractor and COR. This date/time shall be at least two work days prior to the date scheduled. The US holidays are:

*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 services performed under this contract shall not be performed during official national public holidays in Turkey.

1.1.6 PUBLIC AFFAIRS COORDINATION

The contractor shall refer all inquiries concerning this contract to the CO. Under no circumstances shall any statement be released to the news media, or any other outside source, directly by the contractor, employees of the contractor, or any subcontractor employees.

1.1.7 ENVIRONMENTAL MANAGEMENT SYSTEM

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 10).

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.

3. The contractor shall ensure its personnel are aware of the DLA EMS, its purpose, and content.

1.2 REMOVAL – CLINS N0400 through N3050

DD Form 1155 – Order for Supplies or Services (Attachment 2) (latest version available in the Department of Defense (DoD) Directives Website at http://www.esd.whs.mil/DD/) 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 – Order for Supplies or Services (latest version available in the DoD Directives Website at http://www.esd.whs.mil/DD/) 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.

1.2.1 SPILL RESPONSIBILITY

a. The contract shall be both financially responsible and legally liable for any and/or release of HW material waste that occurs as a result of the contractor’s action or inaction during the course of HW removal.

b. The contractor shall clean up spills and releases to the satisfaction of the COR/COTR, US Government representative and Installation Environmental Office to ensure compliance with all applicable laws and regulations. Contractor shall dispose of all spill residues and debris at no additional cost to the 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 Base Installation Spill Notification Procedures.

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

e. At a minimum, the immediate notification to the CO, COR, COTR, and Installation Environmental Office shall include: Item spilled; Quantity released; Type of area contaminated (e.g., cement, soil, floor, etc.); Exact date, time, and location of spill; Actions taken and the time/date performed; Anticipated cleanup and disposal procedures; Persons contacted and present at the time of the spill.

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

1.2.2 SEGREGATION OF HAZARDOUS WASTE

a. Commingling or consolidation of hazardous waste: Any commingling or consolidation of Government waste with non-Government waste by the contractor or third parties shall result in the indemnification of the 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 DD Form 1155 – Order for Supplies or Services 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 waste that has accumulated in an area other than a hazardous waste accumulation point. The contractor shall provide an itemized inventory of these wastes including:

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

e. Weight in kilograms (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 is responsible for preparing all containers, including Intermediate Bulk Containers (IBCs) 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.

b. Government containers will be used for disposal of waste under this contract. Government IBC, Bulk and Special Containers require COR approval prior to disposal. If compressed gas cylinders are not destroyed in the treatment process, the contractor shall ensure the gas cylinder is rendered to scrap and unable to hold a positive pressure.

c. Contractor Owned Waste Containers: The contractor will occasionally need to provide containers for repackaging. All containers provided by the contractor for packaging/repackaging of wastes for transportation shall meet UN specifications for performance oriented packaging, clean, free of residue and graffiti, and only labeled with markings that identify the current waste. The containers must have a current inspection/certification and be capable of being operated as intended (i.e. lids must close tightly and prevent the intrusion of rainwater, safety hooks to hold lids open must be in place and operational, containers must be able to be locked, etc.). Containers must be weighed at the placement site using the contractor’s scales or government scales. The container must be labeled with the date weighed as well as the actual weight. Containers of a 1 CBM size or smaller must be weighed at the location they will be placed.

d. Government owned containers shall not be reused by the contractor until all markings indicating US Government ownership have been removed. The contractor is responsible for removal of all markings indicating US Government ownership, and containers which are not reused must be crushed or incinerated.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

The contractor understands that this is a firm-fixed price contract where contractor is responsible for all costs of performance, unless expressly stated to the contrary in the contract. The Government shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor’s responsibilities under the contract. The contractor understands that any such offers of assistance by Government personnel are unauthorized, and the contractor shall not accept any such offers. The only exceptions regarding contractor use of Government equipment are (1) usage of Government loading equipment, and (2) usage of Government scales for weighing purposes. However, in both cases, usage of such equipment is only permitted when authorized by the generator, and only if such equipment is available for use. Finally, as it pertains to usage of Government loading equipment, contractor personnel must be licensed to operate such equipment in accordance with local host nation procedures, and bears responsibility for any damage caused as a direct result of operating such equipment.

a. Contractor Personnel:

1. The contractor shall provide a list of the names and telephone numbers of the contractor’s contract manager, alternate contract manager and on-site COTR. This list shall be updated within 5 calendar days of a change in personnel or phone number.

2. The contract manager and his alternate shall have full authority to act for the contractor on all contract matters relating to the performance of this contract, i.e., all contract arrangements and required coordination. The contractor agrees that notice by the 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. Contractor personnel shall present a neat appearance and be easily recognized as contractor’s employees. Contractor shall require its subcontractors to likewise comply with this requirement. Contractor and subcontractor personnel shall have the ability to communicate (i.e., cellular telephones) with the DLA Disposition Services CORs and the contractor’s Contract Manager when they are on-site or transporting hazardous waste.

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

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

The contractor shall NOT undertake treatment of hazardous waste on a military installation. Treatment includes, but is not limited to the dilution of waste to make it less 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. The contractor is responsible for loading, including furnishing all the equipment for loading. Unless otherwise specified*, the Government shall not load at any location. *The Government reserves the right to load and/or assist in the loading of wastes via material handling equipment (MHE). If in question, the operator of the MHE will be determined after issuance of the DD Form 1155 – Order for Supplies or Services and prior to removal.

b. Where it is provided that the Government shall load, the Government shall make the initial placement of the item on conveyance(s) furnished by the contractor and the initial placement on the contractor’s conveyance shall be as determined by the Government.

c. Unless otherwise provided in the contract, the Government shall not block, shock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor. All outgoing shipments or loads shall be secured in accordance w/host nation laws and regulations.

d. 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.

e. The contractor shall transport waste in accordance with all applicable host nation and transit rates and international laws and regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All hazardous property/dangerous goods shall be transported in United Nations specification containers where required. The contractor shall prepare all appropriate documentation for waste movement. The standards set forth in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), International Maritime Dangerous Goods (IMDG) Code, and Rail (RID) and other applicable regulations shall be utilized by the contractor for all shipments.

f. The contractor’s drivers shall have the appropriate emergency action instructions and any other documentation as required by ADR, IMDG, Turkish, European Union (EU) and international transportation regulations. All vehicles shall be equipped with the appropriate emergency equipment and the drivers shall have the proper training and instructions for transporting hazardous property and reporting spills as required by ADR, IMDG, Turkish, EU and international transportation regulations.

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. (Note: if the Installation Environmental Office has previously weighed the waste and the contractor agrees to the weight from the Installation Environmental Office. Weighing of the waste in the presence of the COR is not required.) The contractor shall use contractor provided portable scales when Government scales are not made available for use. The annual calibration certificate shall be provided to the COR when the contractor’s portable scales are used. Government scales may be used when available, operable and authorized by a Government representative. Should Government scales not be made available and the container to be weighed is too large for contractor’s portable scale, the contractor may weigh the waste at public scales at no additional cost to the Government. In such case, the contractor shall provide weight tickets to the COR within 2 calendar 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, and Turkish 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 TRANSPORTATION SERVICES (CLINs N6028 through N6035)

a. Specific locations for waste removals in Turkey are stated in Section 0. The inclusive transportation cost CLIN will be chargeable on a (one) “EACH” per truck basis for all routes and locations.

b. Should the Government order multiple pickups from different locations on one task order, or issue multiple task orders that are combined for different sites, within a one week period; only a singular CLIN for transportation - the CLIN for the farthest destination - shall be used for transportation on any singular Task Order (TO) ordered. Transportation fee is ordered per Task Order, and not per vehicle or conveyance being used on the Task Order. Deviations to this principle (e.g., unusually large or bulky orders, but w/in the MIN/MAX standards of the clause at 52.216-19 ORDER LIMITATIONS) can only be bilaterally addressed according the commercial clause. e.g., if a task order is issued for Ankara, and it covers the equivalent volume of a truck at Adana, the contractor will be paid a “1 EACH” fee using the Transportation CLIN for Adana. All transportation charges are covered under Transportation CLINs, specifically for this purpose. The transporter 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 be responsible for the vehicle's hazardous waste transport certificate and the driver's hazardous waste transportation certificate. The US Government will be responsible to complete and provide the National Waste Transport Form (Manifest) to the driver at point of pick-up. The standards set forth in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), and other applicable regulations shall be utilized for all shipments.

c. The waste generator will package the waste to the best extent possible to be in accordance with the acceptance criteria set forth by the contractor. If repackaging is required, and the Government does not have the proper containers or parts for compliant repacking, the contractor shall provide these services and parts/containers/pallets; however, this will be considered the exception rather than the rule.

d. The contractor will not be required to remove and transport hazardous waste which is clearly unfit for transport; however, the contractor should be prepared for some minor repackaging- not to exceed 5% of the total quantity of containers to be removed (i.e. the intent of this clause is not to require the contractor to provide repacking containers for every drum to be shipped, but require the contractor to be prepared to provide repacking containers for every drum to be shipped, but require the contractor to be prepared to provide a few containers, or to keep a minor inventory of over pack containers on site). This clause does not pertain to any containers that the contractor elects to repackage solely for convenience. If repackaging is required at any time by the contractor, CLIN 6920Z will be ordered based on the weight of the container requiring repackaging.

e. The contractor’s drivers must have the appropriate emergency action instructions and any other documentation as required by the Turkish, ADR and international transportation regulations. All vehicles shall be equipped with the appropriate emergency equipment and the drivers shall have the proper training and instructions for transporting hazardous property and reporting spills as required by Turkish, ADR, and international transportation regulations.

f. The contractor is solely responsible for researching, arranging and making any necessary contacts to verify all transportation methods and routes proposed and shall perform the necessary notifications and obtain any required approvals. The US government shall not be liable for any additional costs/fines incurred because of delays caused by transportation shipping companies.

1.2.9 PUMPING TANKS AND DRUMS

Bulk liquid items collected in Government tanks or drums (>190 liters) may be pumped by the contractor to a larger container to obtain a more economical removal. The liquid shall be pumped to a depth of 5 cm or less residue remaining in the Government container. The contractor shall not be required to clean the Government owned 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, subject to the 5 cm or less residue level as stated above.

1.2.10 TASK ORDER ADJUSTMENTS

All task order weights are estimated amounts. Reference the addendum to the Commercial Clause at 52.212-4 and the addendum to the clause at 52.212-4c.

1.3 POST REMOVAL

1.3.1 RETURN OF SHIPPING DOCUMENTATION

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

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

c. Any transportation and host nation documentation requirements established by the ADR, the IMDG Code, shall be provided to the COR prior to removal.

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

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

Civilian Address:

DLA Disposition Services, Incirlik (JH-AWK) ATTN: Hazardous Waste COR Building 200 10th Tanker Base Command Incirlik Hava USSU Adana, Turkey 01340 Military Address:

DLA Disposition Services Incirlik (JH-AWK) Unit 7175 Box 235

APO AE 09824

2. DISPOSAL/RECYCLING, CLINS N0400 – N3050

2.1 STORAGE RESTRICTIONS:

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

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

2.1.1 LAND DISPOSAL REQUIREMENTS

Hazardous wastes shall only be land disposed when there is a reasonable degree of certainty that there shall be no migration of hazardous constituents from the disposal site for as long as the wastes remain hazardous. Hazardous waste may be land disposed only in facilities having the appropriate licenses from the authorities in the country in which they are located. Hazardous waste may be land disposed only when it is chemically inactive, or inert and in solid form.

2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION, CLIN N6635

a. The contractor shall obtain and provide necessary documentation to prove to the Government that final disposal of CLINs N0400 – N3050, N6910 and N8000 – N8010 has been accomplished. Certificates of final treatment or disposal shall be provided to the generating activity identified on the shipping/disposal documentation with a copy to the COR. Certificates of Disposal/Destruction require certifications from agents, officials, or employees of the Qualified Facilities that provided final treatment and/or disposal. Certificates of Disposal/Destruction shall be provided within thirty (30) calendar days after disposal occurs. CLIN N6635 shall be ordered one (1) each for every Certificates of Disposal/Destruction desired per task order line item and shall contain the information found in Attachment 9 – Example Certificate of Disposal/Destruction. “The contractor shall properly recycle hazardous wastes and materials in a manner that effectively mitigates hazards to human health and the environment. Recycling, reuse, and reclamation are preferred over treatment and disposal and shall be performed whenever environmentally sound, economically feasible.

2.1.3 DETAILED ANALYSIS – CLINS N6600-N6625

a. If it is requested, the contractor shall perform detailed analysis of a hazardous waste prior to disposal, the results correlating to each specific CLIN shall be provided to the COR. The contractor shall be responsible for the proper disposal of all samples.

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

2.1.4 TREATMENT TECHNOGOLIES, CLINS N0400 through N3050

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

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

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

d. Corrosives. The contractor shall neutralize corrosive wastes to a pH value between 6.0 and 9.0.