SF_1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000038670

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4530-15-R-0002

5. SOLICITATION NUMBER

2015 JUL 17

6. SOLICITATION ISSUE

DATE

Rebecca Kanetani SS90212

a. NAME

Phone: 808-473-4267

b. TELEPHONE NUMBER (No Collect calls)

2015 AUG 17

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4530

DLA DISPOSTION SERVICES - PACIFIC

DLA DISP SVCS J762 SUITE 2000

1025 QUINCY AVENUE

PEARL HARBOR HI 96860-4512

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

562211NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

58PAGE 1 OF

02:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

NOTES TO OFFERORS

1. This is a COMMERCIAL solicitation for an award of a firm-fixed price indefinite delivery/indefinite quantity contract (IDIQ) written as performance-based. Services are to provide Hazardous Waste Removal, Transportation and Recycling/Treatment at Various Locations in the country of the Philippines, serviced by DLA Disposition Services. The resulting contract will provide for an 18 month base period and two 18-month option periods. The base period is estimated to begin on 23 November 2015.

2. This request for proposal (RFP) consists of one (1) price schedule (Attachment 2). Offerors must furnish prices for the entire price schedule (base, first and second option periods). Any omission of any line item pricing may result in the offer being considered non-responsive and will not be considered for award. NOTE: In the event of a discrepancy in the calculation of the extended amount, the Government will multiply the offeror’s unit price shown by the estimated quantity to ascertain the extended amount proposed.

3. It is expected this project will be performed in its entirety in the country of the Philippines. The successful offeror must have all the required permits, registrations and licenses to perform work in the country of the Philippines. Failure to submit such necessary permits and licenses as part of the prospective offeror’s proposal may render the proposal unacceptable. The successful offeror must be licensed and registered to enter and stay in the Philippines in compliance with local law(s). The U. S. Government does not provide the contractor with Status of Forces Agreement (SOFA) stamp/letter or any logistical support under the resulting contract.

4. In order to submit a complete proposal, Offerors shall follow instructions and complete all required forms in the solicitation, which includes the ADDENDUM TO SOLICITATION TO SP4530-15-R-0002. Offerors are advised to carefully read the Performance Work Statement (PWS) and Evaluation Factors – FULL AND OPEN COMPETITION in the Solicitation and note that this is a Best Value Source Selection. See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS for proposal format and content requirements. Proposals for this solicitation shall be submitted via electronic media. The email address for receipt of offers is DRMSHazardousContractsHawaii@dla.mil. The deadline for all proposals is on 17 August 2015, at 2:00 p.m.

Hawaii Standard Time (HST).

5. Addendum to FAR 52.212-2 Evaluation – Commercial Items, submittal of past performance information. DLA Disposition Services will not contact offeror’s past performance references to obtain past performance information. Offeror is responsible for requesting references complete the Past Performance Questionnaire and ensuring that the Questionnaire(s) is submitted to DLA Disposition Services via electronic media, email address DRMSHazardousContractsHawaii@dla.mil by the evaluator and not the offeror, by the solicitation closing date.

6. The contract will allow the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) (Attachment 01) is not met.

7. Offerors must submit their prices in U.S. Dollars. Proposals received in currency other than U.S. Dollars will be considered non-conforming and unacceptable to the solicitation.

8. In order to receive a contract award, offerors must be registered in the System for Award Management (SAM) at www.sam.gov.

9. Offerors must submit all questions regarding this solicitation via email to Ms. Rebecca Kanetani at Rebecca.Kanetani@dla.mil and Ms. Gwendolyn Rapoza at Gwendolyn.Rapoza@dla.mil. Questions must be submitted no later than 31 July 2015, 2:00 p.m. Hawaii Standard Time (HST), so that corresponding Government answers can be issued via solicitation amendment before closing. The Government is not obligated to answer questions submitted after this common cut-off date.

10. This solicitation does not commit the Government to pay any costs incurred in the submission

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SP4530-15-R-0002

of an offer, in making any necessary studies for the preparation thereof, or for any revision(s) the Contracting Officer may request for the purpose of clarification of the offer.

PERFORMANCE WORK STATEMENT

SAFETY REQUIREMENTS

FORCE PROTECTION

1. PHASES OF WORK

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

1.2 REMOVAL

1.2.1 SPILL AND CONTINGENCY RESPONSIBILITIES

1.2.2 SEGREGATION OF HAZARDOUS WASTE

1.2.3 CONTAINER CONDITION EVALUATION

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

1.2.5. TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

1.2.6 LOADING

1.2.7 WEIGHING OF PROPERTY

1.2.8 BULKING AND CONSOLIDATION

1.3 POST REMOVAL

1.3.1 TRANSPORTATION

1.3.2 RETURN OF SHIPPING DOCUMENTATION

1.3.3 MANIFEST TRACKING LOG, DLA FORM 2505

2. DISPOSAL/RECYCLING

2.1 REGULATED/NON-REGULATED ITEMS - OVERSEAS ENVIRONMENTAL BASELINE GUIDANCE DOCUMENT (OEBGD, DoD 4715.5-G)

2.1.1 REGULATED/NON-REGULATED TREATMENT / DISPOSAL / RECYCLING

2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs)

2.1.3 DETAILED ANALYSIS AND SAMPLING

2.1.4 MEDICAL ITEMS (NON-INFECTIOUS MEDICAL WASTES) CLIN NR07C4

2.1.5 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

2.1.6 DISPOSAL/RECYCLING OUTSIDE THE PHILIPPINES

2.1.7 RECYCLING

2.1.8 RECYCLING CLINS and CERTIFICATES

3.0 MILITARY TRAINING EXERCISE SUPPORT

4.0 FACILITIES AND TRANSPORTERS

4.1 to 4.5 FACILITY AND TRANSPORTER INFORMATION

4.6 ADDITIONAL TSDRFs AND TRANSPORTERS

5.0 ADDITIONAL DOCUMENTATION

5.1 CONTRACTOR LABOR HOUR REPORT

6.0 PERIOD OF PERFORMANCE – INCLUDING DISPOSAL AND REMOVAL

6.1 PERIOD OF PERFORMANCE

7.0 CONTRACTOR REPRESENTATIVE(S)

8.0 CONTRACT MINIIMUM/MAXIMUM

9.0 DISPOSITION SERVICES ISO 14001:2004(e) ENVIROMENTAL MANAGEMENT SYSTEM (EMS)

10. DISPOSITION SERVICES VOLUNTARY SAFETY PROGRAM

11. PUBLIC RELEASE OR DISSEMINATION OF INFORMATION

12. DEFENSE BASE ACT (DBA) INSURANCE

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13. DEFINITIONS

14. ACRONYMS

15. LIST OF ATTACHMENTS

PERFORMANCE WORK STATEMENT

a. The contractor agrees to provide all services necessary for the final treatment/disposal and removal of the hazardous and/or non-regulated property listed in the Schedule of Services in accordance with the respective Philippine national, prefecture, and local environmental laws and regulations, as well as any applicable international agreements governing the transportation of dangerous goods and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract to include inspecting, packaging, marking and labeling, loading, unloading, removal, transportation, and disposal/recycling of hazardous/special wastes. Contractor’s Acceptable Performance Levels (APL’s) are indicated in Attachment 01.

b. These services shall include all necessary personnel, including applicable subcontractors, labor, analysis, transportation, packaging, equipment, and the compilation and submission of all documentation required by this contract. The contractor shall ensure all operations conducted under this contract on Government installations are supervised by individuals with basic knowledge of industrial waste management and who are capable of addressing questions concerning the technical aspects of this contract. This work includes but is not limited to classification of waste, ensuring correct completion of documentation (including return manifests), inspection, and transportation of wastes designated for transport to the disposal facility.

c. The Government agrees that all hazardous waste, special waste, and solid waste placed on Task Orders (TOs) on this contract shall be containerized and will be accompanied by documentation and markings that comply with all applicable Philippine national, provincial, local environmental laws, and regulations relating to the generation and storage of hazardous property.

d. The Contractor shall provide non-personal services consisting of the inspection of packaged industrial/chemical waste and used petroleum products listed herein; the application of required Philippine identification and special handling labels; removal and transportation; unloading; interim storage (when necessary and permissible); and recycling and/or disposing in accordance with the terms and conditions of this contract, respective Philippine environmental laws and regulations and applicable international agreements governing the transportation of dangerous goods.

e. Contractor’s designated contract managers and site representatives must speak, read, and write English proficiently at a level to effectively participate in conversations on practical and professional levels with U.S. civilian and military personnel. All documentation written pursuant to this contract shall be in the English language. In the absence of the contract manager, the alternate contract manager shall have authority to act for the contractor during the operation of this contract, i.e., all arrangements and required coordination. The contractor agrees that notice by the U.S. Government to his 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. Contract personnel shall present a neat appearance and be easily recognized as Contractor’s employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name or the employee’s name.

f. Waste disposed of under this contract may possibly be contaminated with one or more substances not specifically identified in the Contract Line Item Number (CLIN). These contaminants may include, but are not

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limited to; water, dirt, grease, oils, fuels, solvents, and heavy metals. The list of CLINs (Schedule of Services) is provided in Attachment 02.

g. The standard removal time frame for all sites is 90 calendar days from the date of task order issuance.

The contractor agrees that, for those portions of the services provided on a Government site, the services will be provided on U.S. work days and during normal hours of operations (0800-1630) of the installation. U.S.

holidays are presented in Attachment 03. The pick-up sites are listed in Attachment 04.

SAFETY REQUIREMENTS

The contractor must perform all operations in a safe and professional manner. The contractor, to include sub contracted/joint venture personnel and equipment, shall comply with all applicable Philippine national and local safety and health regulations and procedures, as well as installation regulations, rules and procedures.

The contractor shall ensure all personnel involved in the execution of this contract are trained for the appropriate level of expertise required for their proper work performance and general first aid procedure.

The contractor shall provide waste handling and personal protective equipment that is appropriate for the level of protection needed to ensure safe work conditions for duties associated with hazardous substances and release/spill response.

The contractor agrees that his/her personnel and equipment shall be subject to inspection while on Philippine military and U.S. Government-controlled property.

The contractor shall conform to the safety and health requirements contained in this contract for all activities related to the accomplishment of this contract. The contractor shall ensure prior to initiating any work under this contract that all contractor personnel, including subcontractors have read and understood all safety and health requirements.

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

NOTE: Open toed shoes are not considered appropriate clothing in performance of this contract. Proper Personal Protective Equipment (PPE) will be worn at all time when operating equipment for handling, identifying, sampling and packaging industrial/hazardous wastes and/or industrial/hazardous waste containers.

Shorts and or T-shirts will be worn only when in accordance with health and safety precautions due to heat and humidity levels as determined by local health and safety officials.

FORCE PROTECTION

Under current U.S. DoD policy, the DoD has no legal obligation for force protection of contractors or contractor employees. Contractors will be required to comply with all force protection guidance or requirements that may be forthcoming from the Philippine and U.S. Governments.

Within the intent of the terms and conditions of this contract the contractor will not be sent into areas where there are anticipated hostilities. If the contractor considers a situation to be unsafe they may inform the Contracting Officer and negotiate an appropriate extension to the period of performance or until a safe environment can be re-established. Only when cognizant military officials have determined a site sufficiently stable will waste removal be required. The contractor shall refer all inquiries concerning the contract to the Contracting Officer. The contractor, employees of the contractor, or any subcontractor employee shall not release any statement to the news media or any additional outside source without conferring with the

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Contracting Officer.

1. PHASES OF WORK

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 his subcontractors, must perform at all times in a safe and professional manner.

The contractor is responsible for identifying and complying with all safety requirements set forth in applicable Philippine safety and health regulations and procedures and/or those of the U.S. activity.

Contractor personnel are required to wear PPE while working on U.S. activities and handling hazardous property or operating equipment. 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 PPE shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The contractor shall maintain standards designed to minimize the possibility of fire, explosion, or any unplanned release or migration of hazardous waste or its constituents to air, soil, surface or groundwater. When operating within a DoD Hazardous Waste (HW) storage facility, the contractor is required to use forklifts with specifications that meet the applicable permit requirements. The contractor agrees that his personnel and equipment are subject to safety inspections by government personnel while on government facility.

Specific locations for waste removal under this contract are indicated in Attachment 4. Other locations within the country may be added at a later date by contract modification.

1.1 PRE-REMOVAL

1.1.1 PERMIT/SPECIAL REQUIREMENTS

a. The contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing and obtaining any necessary licenses, permits, customs notifications (if applicable), other notifications, waste profiles, and/or reports, which result from a contractor’s transportation, recycling, or disposal decision. This includes acquiring any required permits or registrations necessary to operate on any installation. This includes signing (on behalf of the Government) waste profiles required by Treatment Storage Disposal Recycling Facilities (TSDRF) and/or Treatment Storage Disposal Facilities (TSDF). All contractor signed waste profile sheets shall be written for the actual waste stream using the generator’s profile for backup documentation. The contractor shall be responsible for all damages to persons or properties that occur as a result of his fault or negligence.

b. No TSDFs other than those submitted and approved for this contract shall be utilized. This shall also apply to unregulated wastes capable of being recycled unless alternate facilities are approved by the Contracting Officer (KO) after contract award. After contract award, the contractor may submit proposals for additional TSDFs in accordance with Paragraph 4.7, (Additional TSDFs and Transporters) of this contract. The Government is under no obligation to approve the utilization of such facilities. All disposal, storage, transportation, chemical analysis and additional authorization costs required for the delivery of wastes/materials to facilities added to this contract, after award, will be prepared and performed by the contractor at no additional charge to Government.

c. The contractor may be required to attend special required training, seminar, instruction, class provided by the Government in order to perform work or gain access to the U.S. DoD activities. Example: Pass and ID requirements, Anti-Terrorism training, Fork Lift training.

d. For wastes disposed outside the Philippines, the contractor shall comply with all applicable environmental laws and regulations. This includes any requirements for transboundary shipment notification in accordance

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with the May 1989 Basel Convention on the Control of Trans-boundary Movements of Hazardous Waste and their Disposal. This includes, but is not limited to, any provisions governing the prior notification of competent authorities, transportation, temporary storage, identification, customs clearances, packaging, labeling, and disposal of hazardous waste and/or dangerous goods. Immediately upon contract award, the contractor shall prepare any documents and notifications required to move and dispose of all wastes listed in the contract.

1.1.2 SHIPPING DOCUMENTATION

a. All references to manifests in this provision relate to the “appropriate shipping paper”. The contractor is responsible for ensuring regulated/hazardous waste under this contract leaving designated locations is accompanied by the appropriate Philippine shipping documents.

Prior to removal from a site identified as a pick-up point in this contract, completed copies of all national or local government manifests, or bills of lading, whichever is applicable, shall be furnished by the contractor. Each pick-up manifest and bills of lading (i.e., with a Government activity identified as a generator), as well as all other documentation required herein, shall be clearly and distinctly marked with the name of the servicing Disposition Services Office in addition to the generators, and the contract and TO number, as applicable.

b. For wastes disposed outside of the Philippines, the contractor shall prepare all necessary trans-boundary shipping documents; i.e., Basel notification and movement documents and/or any other shipping document required by the country where disposal is ultimately performed. If Basel notifications are required, then the contractor shall provide the Contracting Officer’s Representative (COR) a copy of the disposal facility's Basel notification of completion of disposal (Basel Convention, Article 6, paragraph 9).

c. While performing under this contract, the contractor is required to provide his drivers with the appropriate emergency action instructions and any other documentation as required by Philippine or local government and international transportation regulations, whichever may apply.

d. Order for Supplies or Services, DD Form 1155, Attachment 5, shall be completed for all items ordered or services performed on a task order, to include transportation, removal of waste, sampling and analysis, etc.

At the time of waste removal or service the contractor shall complete the applicable blanks on the DD Form 1155 for each removal/transport of wastes, to record the type of wastes, quantities removed, waste codes, manifest numbers and date removed. These quantities so annotated will be the basis for payment. The COR has the authority to decline the signing of any shipping papers for waste loads which are not in conformance with transportation or environmental regulations. The Contractor shall obtain the Governments representative’s signature and date to verify the waste removed.

e. The contractor shall provide the COR with a copy of the completed form(s), (i.e., DD1155, DENR and EMB permits, etc.), including handling codes for each manifest line, for review at least ten (10) business days prior to removal, except documentation submitted for expedited orders, which shall be in accordance with notification timeframes as listed elsewhere in this contract. Emergency response information and twenty-four hour emergency phone numbers shall be listed on the manifest as well as bills of lading. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document.

1.1.3. NOTIFICATIONS

a. Except as may otherwise be specified herein, the contractor shall notify the COR or other Government representative for each location, at least ten (10) business days BEFORE attempting site visits, sampling for analysis, or pick-ups.

(1) In addition to the notification above for pick-ups, the contractor shall provide the name of the driver, the driver’s Commercial Driver’s License (CDL) number and its expiration date to the COR or other Government

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representative at least 24-hours prior to removal. The contractor may also opt to provide a list of approved, multiple drivers designated for pick-ups under this specific contract to the COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified.

(2) If a driver other than the one specified 24-hours in advance for the specific task order; or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pick-up, the COR or other designated Government representative will verify the personnel switch with the prime contractor before the pick-up commences. This may require a written notice or fax from the prime contractor.

(3) The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation of negative past performance if the contractor fails to meet the above applicable notification timeframes and/or a different driver, other than the individual previously identified under this notification requirement, or whose name does not appear on the approval list, and/or if multiple drivers arrive at the pick-up location(s).

b. In the event the Government misidentifies a waste description on a TO the contractor has the responsibility to inform the COR as soon as the contractor becomes aware of the misidentification. The contractor shall provide lab analysis and other supporting documentation. 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, a task order modification will be issued with the correct CLIN which will allow the contractor to be paid the disposal price in accordance with the contract price of the actual waste removed.

1.1.4 TRAILER SECURITY, PADLOCKS

a. All containers and tankers must be padlocked prior to departing the pickup location(s). The contractor or driver shall provide the padlock and lock the trailer or tanker without assistance from the COR or other Government representative. Failure to meet this requirement could result in the Government’s halting of the pickup.

b. The COR or other Government representative has the right to request any identification and/or occupational endorsements from the driver beyond what is identified in section 1.1.3 in this contract and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrage associated with the driver verification process and/or the unexpected halt or commencement of pickups will not be grounds for reimbursement by the Government.

1.2 REMOVAL

1.2.1 SPILL & CONTINGENCY RESPONSIBILITIES

a. The contractor is solely responsible for containment, cleanup and disposal of any and all spills, leaks, spill residue, and/or debris, and includes appropriate container packaging, labeling and documentation for shipment during the performance of this contract that occurs as a result of or is contributed to by the actions of its agents, employees, or subcontractors. The contractor agrees to clean up such spills to the satisfaction of the COR as outlined in 1.2.1.b., the site specific Spill Response Plan(s), and in accordance with applicable local laws and regulations at no cost to the Government. The Spill Response Plan(s) is to be submitted after award but prior to performance.

b. The contractor shall report all such spills or leaks, regardless of their quantity, to the COR and KO immediately upon discovery. A written follow-up report shall be submitted to the KO no later than 24 hours after the initial telephonic report. Upon completion of the spill cleanup, the contractor shall submit a summary report to the COR and KO. The written report shall be in narrative form and as a minimum include the following:

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(1) Description of item spilled (including identity, quantity, manifest no., etc.).

(2) Exact date, time and location (physical address) of spill including a description of the area involved.

(3) Persons contacted and present at the time of the spill.

(4) Initial containment procedures initiated.

(5) Personal injury involved (if any).

(6) Required assistance (if any).

(7) Description of clean-up procedures employed at the site.

(8) Anticipated future clean up and disposal procedures.

(9) Name of facility and location to dispose of spill residue.

(10) Narrative summarizing any communications contractor has with any local military or Philippine Officials to include organization name, individual name(s), and phone numbers. This report will include any on scene visits by Philippine Officials. Copy of this report shall be attached to the spill report. Summary will include any communications contractor had with press or Government officials other than the KO.

(11) Precautions taken to prevent the event from reoccurring.

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated and kept physically separate from any other items until the initial disposal facility is reached. The items must be so marked that they are readily identified to this contract throughout this period.

1.2.3 CONTAINER CONDITION EVALUATION

The Government containerizes wastes in accordance with applicable US standards; therefore the Government does not warrant the containers are suitable for transportation in accordance with Philippine local or international regulations for removal from the pick-up sites. The offeror is cautioned to ascertain and assess the need for over-packing or repackaging based on the site visit.

The Government will not provide repackaging materials. The contractor will not be reimbursed separately for repackaging expenses and should include these charges in their disposal pricing. The contractor will be responsible for preparing all containers for transportation to a recycling/disposal facility in accordance with applicable Philippine regulations to assure safe arrival at destination without damage or loss. The contractor is required to use United Nations (UN) specification containers for all shipments of industrial and hazardous waste under this contract off the installation in accordance with Philippine transportation regulations, the Global Harmonization System, the International Maritime Dangerous (IMDG) Code and the International Carriage of Dangerous Goods by Road (ADR).

a. For the disposition of Government-owned containers the following applies:

(1) Contractor is responsible for removing all markings indicating Government ownership.

(2) Containers designated for re-use, the Government markings must be destroyed for permanent obliteration.

This includes removal of any stenciled markings and bar code labels.

b. Contractor will be responsible for repackaging any containers if the packaging integrity is compromised at or during pick-up to prevent leaking or contamination of the environment, transportation, and final disposition.

1.2.4 GOVERNMENT EQUIPMENT AND PERSONNEL

The contractor understands that dependent on the security requirements of the site the Government may not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance will occur only when access by the contractor’s equipment is denied by the site security and or safety officials. Otherwise only the use of Government-owned loading equipment (Section 1.2.6) and Government-owned scales (Section 1.2.7) may be authorized.

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1.2.5. TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted.

Treatment is defined as any process which meets the definition of treatment as set forth in applicable local Philippine laws and regulations and the U.S Overseas Environmental Baseline Guidance document (OEBGD, DoD 4715.5-G).

b. Draining will be allowed only to prevent leaking and meet Philippine regulations and local safety regulations.

c. Treatment, disposal, or release of gas to the atmosphere on Government premises is not permitted by this contract.

1.2.6 LOADING

Unless otherwise specified the contractor is responsible for loading including furnishing all the equipment necessary for loading. Loading will not be performed on Saturdays, Sundays, Federal holidays or any day that the installation where the items are located is closed, see Attachment 03. Unless otherwise provided in the contract, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the contractor. Locations where the Government may assist with loading are provided in Attachment 04.

1.2.7 WEIGHING OF PROPERTY

Weights specified on task orders may be estimated weights and shall require verification weighing by the contractor prior to departure from a facility. The contractor shall weigh all property before removal.

Government scales may be used when available, operable and authorized by a Government representative, see Attachment 06. The contractor shall be responsible for determining the availability of government scales. The contractor may use contractor-provided portable scales, as applicable, to accomplish weighing. An authorized Government representative will witness all weighing that occurs on site. The weight, agreed upon by both the contractor and the Government representative at the time of removal, will be the basis for payment to the contractor. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the contractor.

Pallets, boxes, strapping, or other materials which are not integral parts of the packaging and are not being removed by the Contractor will not be included in the weight. Containers and pallets that are to be destroyed along with the wastes/materials that they contain shall be included in the net weight.

1.2.8 BULKING AND CONSOLIDATION

a. Bulking is the act of pumping from an otherwise removable container into a tank truck. Containerized waste may be pumped into a tank truck only at the locations listed in Attachment 4.

b. Consolidation is the pouring, siphoning, pumping, draining, or packaging like-wastes (liquids, multiphase, or solids) from one container to another. Partially filled government-owned tanks or drums (approximately equal to 206 liters) may be pumped into other suitable containers to consolidate quantities and to obtain more economical removal. The liquid shall be removed to a residual depth of 5 cm or less. The contractor will not be required to clean the containers.

c. Bulking and consolidation will be allowed when the contractor has a spill contingency plan (reviewed by the COR prior to removal) and performs operations in a safe manner. The Government retains the right to stop operations if environmental or safety concerns arise.

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1.3 POST REMOVAL

1.3.1 TRANSPORTATION

1.3.1.1 The contractor shall transport waste in accordance with Philippine and international regulations governing identification, packaging, labeling, and placarding of dangerous goods containers and vehicles.

1.3.1.2 Transportation CLIN 6600 will be chargeable for transportation from locations requiring shipment by sea. CLIN 6600 shall be charged on a “1 EACH” basis. This CLIN will not be applicable for disposal outside of the Philippines. CLIN 6600 will be based on the equivalent volume of up to a 40 foot Sea Land Van.

a. If the equivalent in volume of a 20 foot Sea Land Van, regardless of the container size used is to be removed there will be one fee (i.e. the Unit Price for CLIN 6600 charged at 1 EA).

b. If the equivalent in volume of a 40 foot Sea Land Van is to be removed but the contractor chooses to use two 20 foot containers, there will be only one fee (i.e. the Unit Price for CLIN 6600 charged at 1 EA).

c. If the equivalent in volume of 2 1/2 - 40 foot Sea Land Vans (i.e. two 40 foot and one 20 foot Sea Land Van) is to be removed there will be three fees (i.e. the Unit Price for CLIN 6600 charged at a quantity of 3

EA).

The use of a chartered vessel is not a requirement of this solicitation. There will be no additional fees for such arrangements. The use of escorts during transportation is not a requirement of this solicitation. There will be no additional fees due the contractor for their use of escorts.

1.3.2 RETURN OF SHIPPING DOCUMENTATION

In addition to the manifest requirements to the generator the contractor shall furnish a copy of each manifest, signed by the designated TSDF, to the COR coordinating the waste disposal. If the contractor is unable to deliver the hazardous property to the designated or alternate facility on the manifest, the cognizant COR will be contacted for disposition instructions. The contractor shall provide a signed copy of the return manifest to the COR within the timeframes designated by the Government of the Philippines.

1.3.3 MANIFEST TRACKING LOG, DLA FORM 2505

The contractor shall complete DLAForm 2505, Manifest Tracking Log, Attachment 07, annotating all wastes removed, which are included on the invoice. An authorized company official shall sign the form.

2. DISPOSAL/RECYCLING

The U.S. Government encourages recycling to the maximum extent possible in order to optimize pollution prevention and minimize waste disposal. CLINs in this contract may be subject to Philippine and U.S. recycling requirements.

The contractor is required to use only Philippine Government approved recycling firms to include facilities that may receive waste under this contract at a stage where it remains regulated waste as defined by Philippine law.

The contractor shall provide identification of the facilities that recycle the waste, or any component thereof. (See Attachments 8 and 9)

If a waste indicated in this contract designated for recycling does not meet required parameters the

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contractor must notify the KO of the rejection rationale. If the KO concurs the applicable disposal CLIN for the waste will be assigned.

2.1 REGULATED/NON-REGULATED ITEMS - OVERSEAS ENVIRONMENTAL BASELINE GUIDANCE DOCUMENT (OEBGD, DoD 4715.5-G)

Restrictions indicated in this contract are not intended to contradict existing Philippine laws, regulations or subsequent binding instructions from competent Philippine authorities. If the contractor is aware of such contradictions or wishes to use alternative and effective treatment technologies they may request a waiver from the KO. The contractor shall not commence performance under a waiver request until the KO has granted approval of the waiver. Contractors should be aware that standards incorporated herein are based on U.S.

Department of Defense policies and may be more stringent than Philippine law. This is not considered a contradiction but merely a situation where the U.S. DoD is contractually requiring assurances this contract equals or exceeds Philippine law.

The OEBGD provides criteria, standards and management practices for environmental compliance at DoD installations, and operations outside of the customs territories of the U.S. These standards are those required to meet or exceed those of the U.S. and those nations within which the U.S. DoD has a presence. In accordance with the OEBGD, disposal/recycling CLINs BA01C7 to TX22C4 have been deemed to require compliance with the restrictions presented in that document.

2.1.1 REGULATED/NON-REGULATED TREATMENT / DISPOSAL / RECYCLING

2.1.1.1 Regulated/hazardous wastes under this contract shall be disposed of by treatment/disposal technologies that best limit the hazards to human health and the environment. The U.S. Government encourages disposal/recycling of waste in local disposal facilities provided the facilities are licensed by the competent Philippine authority and meet the specifications herein. For some wastes the Government may require recycling.

The contractor may elect to beneficially use, re-use, recycle or reclaim any waste in this contract.

2.1.1.2 Incinerators must be licensed or permitted by the competent Philippine authority. Hazardous waste incinerators must be designed and operated to achieve a destruction and removal efficiency of 99.99% for the organic hazardous constituents.

2.1.1.3 Land disposal facilities must be authorized by the competent Philippine authority.

2.1.1.4 Wastes may be treated to recover organic compounds using one or more of the following technologies:

distillation; thin film evaporation; steam stripping; carbon absorption; critical fluid extraction;

liquid-liquid extraction; precipitation/crystallization or chemical phase separation techniques such as decantation, filtration and centrifugation when used in conjunction with one of the above techniques.

2.1.1.5 Wastes may be treated in such a way that soluble heavy metals are fixed by oxidation / reduction or other means that render the metals immobile in a landfill environment.

2.1.1.6 Wastes may be treated to recover the metal fraction by thermal processing; precipitation; exchange;

carbon adsorption, or other techniques that yield non-hazardous levels of heavy metals in the residuals.

2.1.1.7 Used oil, hazardous waste, or oil product contaminated with any hazardous waste are not to be used for dust suppression or road treatment.

2.1.1.8 Fuel substitution shall meet technical operating requirements that achieve destruction of hazardous constituents and control emissions as efficiently as a hazardous waste incinerator.

2.1.2 CERTIFICATES OF DISPOSAL/DESTRUCTION (CDs)

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The contractor shall obtain and provide necessary documentation to prove that final disposal has been accomplished. Certificates of final treatment or disposal shall be provided to the COR within thirty (30) calendar days after disposal occurs or as specified in Paragraph 6.1, Period of Performance.

2.1.3 DETAILED ANALYSIS AND SAMPLING (CLINs 6621A - 6621G)

2.1.3.1 The proper identification of waste rests with the generator. Waste identification by the generator may be by Safety Data Sheet (SDS) (e.g., shelf life expired or unused items), Hazardous Waste Profile Sheet (HWPS) (e.g., motor pool, maintenance, industrial processes) and/or laboratory analysis (e.g., motor pool, maintenance, industrial processes and unknowns).

2.1.3.2 The contractor can challenge a waste description through the COR. The contractor will be required to provide proof through laboratory analysis when challenging a DoD waste identification at no additional expense to the government for analysis that they, or any subcontractor, opted to conduct independently of a TO. The contactor shall furnish at no additional charge copies of the actual analytical results and quality control checks (written in English) to the COR. If the U.S. Government misidentifies a waste on a task order, the contractor has the responsibility to inform the COR as soon as the contractor becomes aware of the misidentification. The contractor shall notify the COR either prior to removal or within 10 working days of the removal and prior to disposal. The contractor is not obligated to remove the waste if the Government misidentifies it. The contractor shall demonstrate through lab analysis and/other supporting documentation that the Government has misidentified the waste. The waste shall not be treated or disposed of until the Government has a determination on the matter. Once a determination has been made, the contractor shall be paid the disposal price in accordance with the contract price of the actual waste removed.

2.1.3.3 The contractor may be requested through TOs to perform analytical analysis and/or provide assistance/guidance to the generator for the identification of waste in accordance with Philippine laws and or the OEBGD. These requests will be in accordance with CLINs 6621A through 6621G, whichever are requested. CLIN 6621G is provided for the cost of the sampling kit(s) and the mailing of sampling kits to and from the Government requestor. These CLINs are not intended to supplant the obligations designated elsewhere in this contract. Only laboratories demonstrating professional or government recognized accreditation, license, or certification for hazardous/industrial waste analysis shall be used to perform waste analysis. The contractor shall provide assurance that laboratories used under this contract are competent to perform sampling and waste analysis in accordance with the United States Environmental Protection Agency (USEPA) or equivalent Philippine or international methods when CLIN for analysis is ordered.

a. The Government may order any of these CLINs on a task order in units of issue as “each”. One each equals one waste stream (or one kit) to be analyzed by the contractor.

(1) Samples shall be taken and testing shall be performed in accordance with Philippine National Standards, USEPA SW-846, American Society for Testing of Materials (ASTM) or other internationally recognized methods.

(2) Sample kits provided by the contractor may be mailed back to the contractor or designated laboratory. It is otherwise the responsibility of the contractor to transport samples from the pickup point to the analytical laboratory. The contractor must complete a chain of custody form for each sample taken with completed forms to be provided to the COR along with the analytical data.

(3) If there is sample left over after analysis, the contractor is responsible for its disposal.

b. The original analytical data and chain of custody forms shall be provided to the COR within thirty (30) calendar days of issuance of a written task order.

2.1.4 MEDICAL ITEMS (NON-INFECTIOUS MEDICAL WASTES) CLIN NR07C4

Medical items, as pertaining to this contract are limited to non-infectious, non-controlled medical wastes:

prescription and non-prescription non-regulated pharmaceuticals. No U.S. Drug Enforcement Agency (DEA)

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restricted medications for thermal destruction Certificate of Destruction required.

These wastes are created in medical and dental treatment facilities which do not require special management.

These wastes are classified as industrial and or hazardous waste in accordance with the OEBGD or are regulations of the government of the Philippines and/or local government laws.

2.1.5 ALTERNATE DOCUMENTATION OPTION FOR FUELS BLENDING, ANTIFREEZE RECYCLING, BATTERY RECYCLING/RECLAMATION, AND FLUORESCENT LIGHT TUBES AND HIGH INTENSITY DISCHARGE LAMPS

Contingent upon approval from DLA Disposition Services the contractor may utilize a plan for fuels blending, antifreeze recycling, battery recycling/reclamation, and/or fluorescent light tubes and high intensity discharge lamps to demonstrate the additional burden of providing documentation past the initial treatment facility. Contractor must submit a plan to the Contracting Officer that includes, at a minimum, the guidelines set forth in paragraphs (1), (2), (3), and (4) below. Upon Contracting Officer approval, the plan(s) will remain valid for the life of the contract.

(1) Fuels Blending – Fuels blending does not apply to blending for destructive incineration. In addition to the guidelines the plan must specify maximum processing time that property would remain in the fuel blending tank farm (sixty (60) days or less)

(2) Antifreeze Recycling – The plan must specify maximum processing time that property would remain in the storage/consolidation facility (sixty (60) days or less).

(3) Battery Recycling/Reclamation – The plan must describes the procedure for the disposition/sale of the recovered products (e.g., lead nickel, cadmium, zinc, and lithium), and describes the treatment/disposition methods for liquids in wet-filled batteries.

(4)…