FINAL_Kwajalein_Scrap_Removal_Rev_PWS_20160518.doc

SP4530-16-R-0003

Kwajalein Scrap

Amendment No. 0002 18 May 2016

REVISED PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

1.0

GENERAL

2.0

PUBLIC AFFAIRS COORDINATION

3.0

CONTRACTOR RESPONSIBILITIES

3.1

CONTRACTOR RESPONSIBILITIES

3.1.1

CLEARANCE, ENTRY AND SECURITY REQUIREMENTS

3.1.2

RESTRICTIONS ON LOCAL HIRE

3.1.3

MARSHALLESE INCOME TAX

3.1.4 UTILIZATION OF MARSHALL ISLANDS SUBCONTRACTORS AND EMPLOYMENT OF MARSHALL ISLANDS PERSONNEL 3.2

MANAGEMENT OF THE SCRAP COLLECTION SITE

3.3

PERMITS

3.4

REPORTS

3.5

CONTRACTOR IDENTIFICATION

3.6

AUTHORIZATION FOR TRAVEL

4.0

REMOVAL OF CURRENT INVENTORIES

5.0

DESIGN/ORGANIZE/SET UP

5.1

THE COLLECTION SITE

6.0

TRANSPORTATION

6.1

SPILL RESPONSIBILITIES

6.2

SPILL REPORTING REQUIREMENTS

6.3

SPILL REPORT

6.4

SAILING INSTRUCTIONS, PORT OF KWAJALEIN

7.0

COMPLIANCE WITH LAWS

7.1

COMPLIANCE TERMS AND CONDITIONS

7.1.1

COMPLIANCE WITH LOCAL LAWS

7.2

CUSTOMS

7.2.1

CUSTOMS DUTY TAX AND CLEARANCES

7.2.2.

TRADE SECURITY CONTROL CLEARANCE (TSCC)

7.3

SAFETY REQUIREMENTS

7.3.1

SAFETY AND HEALTH PRECAUTIONS

7.4

WEATHER

8.0

OBLITERATION OF DOD MARKINGS

8.1

QUALITY CONTROL

8.2

DISPOSAL/RECYCLING OUTSIDE THE COUNTRY OF ORIGIN

8.3

MISIDENTIFIED ITEMS

8.4

ENVIRONMENTAL CONTROLS

8.5

CONTRACTOR FURNISHED SUPPLIES, FACILITIES, AND SERVICES

8.6 CONTRACTOR PERSONNEL - CONTRACT MANAGER / ALTERNATE CONTRACT MANAGER / ON-SITE TECHNICAL REPRESENTATIVE 8.6.1

CONTRACTOR POINTS OF CONTACT

8.6.2

CONTRACTOR MANAGERS

8.6.3

APPEARANCE

8.6.4

ENGLISH REQUIREMENTS

8.6.5

CONTRACTOR KNOWLEDGE

8.6.6

RESTRICTIONS

8.6.7

EMPLOYEE TRAINING

8.6.8

PROGRESS MEETINGS

8.7

GOVERNMENT FURNISHED MATERIAL

8.7.1

SIERRA RB6000 BALER

8.7.2

FORMS AND PUBLICATIONS

8.8

GOVERNMENT-FURNISHED SERVICES AND FACILITIES

8.8.1

GOVERNMENT PERSONNEL

8.8.2 GOVERNMENT FURNISHED SERVICES AND FACILITIES TO CONTRACTOR AND CONTRACTOR PERSONNEL 8.8.3

INSTALLATION/EMERGENCY POINTS OF CONTACT

8.9

SECURITY

8.9.1

PHYSICAL SECURITY

8.9.2

KEY CONTROL

8.9.3 MATERIAL POTENTIALLY PRESENTING AN EXPLOSIVE HAZARD (MPPEH), MISSILE OR MISSILE RELATED MATERIAL (MMRM) 8.9.4

CLASSIFIED/CONFIDENTIAL REPORT

9.0

POST-AWARD ORIENTATION CONFERENCE

10.0

ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) ISO 14001

11.0

DEFENSE BASE ACT (DBA)

12.0

INDEMNIFICATION

ATTACHMENTS

ATTACHMENT 01

LOCATIONS

ATTACHMENT 02

ACCEPTABLE PERFORMANCE LEVELS (APLS)

ATTACHMENT 03

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

ATTACHMENT 04

DEFINITION

ATTACHMENT 05

ACRONYMS

ATTACHMENT 06

COMPACT OF FREE ASSOCIATION

ATTACHMENT 07

SUBSIDIARY AGREEMENTS - COMPILATION FOR THE REPUBLIC OF THE MARSHALL ISLANDS

ATTACHMENT 08

DLA FORM 1822, END-USE CERTIFICATE”

ATTACHMENT 09

QUALITY CONTROL PLAN (EXAMPLE)

ATTACHMENT 10

GOVERNMENT FURNISHED EQUIPMENT (GFE)

ATTACHMENT 11

GOVERNMENT FURNISHED SERVICES AND FACILITIES TO CONTRACTOR AND CONTRACTOR PERSONNEL

ATTACHMENT 12

U.S. HOLIDAYS

ATTACHMENT 13

REPRESENTATIVE PHOTOS OF SCRAP

ATTACHMENT 14

PPI PART 1

ATTACHMENT 15

PPI PART 2

ATTACHMENT 16

PPI PART 3

ATTACHMENT 17

PPI PART 4C

ATTACHMENT 18

PPI PART 5

ATTACHMENT 19

BID SCHEDULE

ATTACHMENT 20

USAG-KA FORM 55-R

ATTACHMENT 21

ORDER OF REMOVAL PICTURES

ATTACHMENT 22

LIST OF ROLLING STOCK ITEMS

PERFORMANCE WORK STATEMENT

1.0 GENERAL INFORMATION: The contractor shall provide all personnel, equipment, containers, tools, materials, supervision, and other items or services necessary to perform scrap removal operations from the US Army Garrison Kwajalein Atoll (USAG-KA) scrap accumulation site including off island disposal and recycling. The contractor shall meet the standards including disposal and recycling as defined in this Performance Work Statement (PWS) for scrap removal from the USAG-KA scrap accumulation site (Attachment 01) and the Acceptable Performance Level (APL) (Attachment 02). The Government shall provide quality assurance using Attachment 03, Quality Assurance Surveillance Plan (QASP). The contractor shall coordinate with USAG-KA regarding Government furnished services and facilities, see paragraph 8.8.2. Definitions of terms and acronyms used in this PWS are provided in Attachments 04 and 05 respectively.

2.0 PUBLIC AFFAIRS COORDINATION: There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of the Contracting Officer (KO). All technical reports shall be given proper review by appropriate authority to determine which Distribution Statement is to be applied prior to the initial distribution of these reports by the Contractor.

3.0 CONTRACTOR RESPONSIBILITIES:

3.1 Contractor Responsibilities: The contractor is responsible for complying with Compact of Free Association and the Subsidiary Agreements’ requirements including but not limited to the hiring of local nationals and wages, customs requests, taxes and duties, etc. A copy of the Compact of Free Association and Subsidiary Agreements are provided in Attachments 06 and 07. The contractor is responsible for providing all the requested information on all personnel going to Kwajalein to the facility’s security system (i.e. visas for non-residents, information for security background checks, etc.). In addition to host government requirements USAG-KA may have personnel requirements that may result in the rejection of individual contractor personnel.

3.1.1 CLEARANCE, ENTRY AND SECURITY REQUIREMENTS

(a) Entry to and exit from US Army Garrison - Kwajalein Atoll (USAG-KA) will be accomplished in strict compliance with the latest version of USAG-KA regulations governing such entry and exit applicable to all persons, ships, and aircraft.

(b) Entry Requests for employees will be submitted to the Commander, USAG-KA, ATTN: E/E Supervisor, between 0800 and 1600, Tuesday through Saturday for approval.

(c) In the event a Contractor employee or representative intends to stay in USAG-KA for 90 days or more, the entry authorization request should list permanent change of station (PCS) as the Reason for Visit.

(d) The contractor is responsible for all travel arrangements and expenses incurred by its employees and representatives as a result of the travel.

(e) Requests for entry authorizations must be submitted so as to reach the E/E Supervisor, at least 14 days prior to the desired entry date.

(f) Upon entry into USAG-KA all individuals shall have on their person and present to authorities an approved Entry Authorization and official identification. All individuals entering USAG-KA are subject to a security inspection upon arrival, to include screening of their luggage for contraband.

(g) Employment of third country nationals. Procedures for obtaining entry authorization for third country national employees are the same as set forth in subparagraph (b) of this Clause. However, requirements for authorization to employ third country national employees at the site of the work are separate from requirements to gain entry authorization for such persons, and are set forth in paragraph 2, Article IV, Utilization of Contractors and Employment of Labor, of the Status of Forces Agreement. The Contractor must adhere to the requirements contained therein. The Contractor must submit requests to the Kwajalein Resident Office in writing concerning its intent to employ for work in the Republic of the Marshall Islands under the contract of any third country national (including citizens of the Federated States of Micronesia residing in the Republic of the Marshall Islands). This request must be made at least thirty (30) calendar days prior to the desired arrival date of each such employee. This written request shall include a description of the special nature of the work to be performed by each prospective third country national employee and that no US or RMI citizens are available to perform this work. Prior to receiving award of any contract resulting from this solicitation, the apparently successful offeror shall notify the Contracting Officer of its intent to employ third country personnel or utilize third country contractors so that the US Government can fulfill its obligation to notify, and if requested consult with, the Republic of the Marshall Islands.

(h) The contractor is required to notify the E/E office 7days prior to the permanent departure of any employee.

3.1.2 RESTRICTIONS ON LOCAL HIRE

(a) Local hire is limited to Marshallese and to citizens or legal alien residents of the United States. Where local hire is required, priority for hiring shall be given to Marshallese.

(b) The Contractor is advised that consistent with Sections 321 and 323 of Title Three, Article II of the Compact of Free Association Act of 1985, PL 99-239, the United States has entered into two agreements with the Government of the Republic of the Marshall Islands, concerning United States use and operation of the USAG-KA. These implementing agreements are: (1) the Military Use and Operating Rights Agreement (MUORA) and (2) the Status of Forces Agreement (SOFA). The Contractor must ensure that its performance under this contract is in compliance with all applicable provisions of the Compact of Free Association and its implementing agreements.

(c) The Contractor is advised that there may be policies and procedures, applicable to the hiring and housing of Marshallese, which are promulgated and enforced by the local civilian government. It is the responsibility of the Contractor to comply with such policies and procedures.

(d) Persons who are not United States citizens or legal alien residents of the United States will not be permitted to reside on any United States defense site in the Kwajalein Atoll without written permission from the Commander of USAG-KA.

3.1.3 MARSHALLESE INCOME TAX

Contractor is advised that, under the terms of Article V of the Status of Forces Agreement, United States contractor personnel are not exempt from a personal income tax generally applicable within the Marshall Islands up to a level of five percent of their annual income derived from their employment in the Marshall Islands. Marshallese personnel and third country contractor personnel are subject to income tax generally applicable in the Marshall Islands. Accordingly, the Contractor must withhold income tax from the compensation paid to all employees, as appropriate, and in accordance with applicable laws of the Republic of the Marshall Islands.

With respect to United States taxes, the Contractor must make its own determination, considering its own legal status, as to whether withholding or payment of such taxes is required.

3.1.4 UTILIZATION OF MARSHALL ISLANDS SUBCONTRACTORS AND EMPLOYMENT OF MARSHALL ISLANDS PERSONNEL

(a) In accordance with Article IV, "Utilization of Contractors and Employment of Labor," of the Status of Forces Agreement (the SOFA) concluded pursuant to Section 323 of the Compact of Free Association (Title II of the Compact of Free Association Act of 1985, Pub. L. 99- 239), employment preference shall be given by the Contractor, without discrimination, to citizens, nationals, and permanent resident aliens of the Marshall Islands and of the United States. Subcontracts placed under this contract shall reference Article IV of the SOFA and include a statement that the employment preference provisions of Paragraph 1(a), Article IV of the SOFA apply to persons hired under the subcontract. Furthermore, for its subcontracts, the Contractor shall utilize without discrimination, consistent with the laws and regulations of the United States, qualified local contractors and contractors which are legal entities of the United States. Subcontracts placed under this contract shall include a statement that subcontractors, for their subcontracts, shall utilize without discrimination, consistent with the laws and regulations of the United States, qualified local contractors and contractors which are legal entities of the United States.

(b) An offeror shall state in its offer in response to this solicitation whether it intends to employ third country personnel or third country contractors and shall include a description of the special nature of the work to be performed by each employee.

(c) The Contractor hereby agrees to carry out the policy stated in subparagraph (a) above in the awarding of subcontracts and in the hiring of labor to the fullest extent practicable. The Contractor further agrees to cooperate in any studies or surveys that may be conducted by the United States and/or the Republic of the Marshall Islands as may be necessary to determine the extent of the Contractor's compliance with this clause.

3.2 Management of the Scrap collection Site: The contractor is responsible for performing all services necessary in connection with management, transportation, removal, recycling and disposal of scrap materials from the USAG-KA scrap accumulation site to include maintenance of their equipment. Required contractor services include all staff, equipment, management of the USAG-KA scrap accumulation site, host and/or USAG-KA required documentation, maintenance of equipment and coordination with the Contracting Officer Representative (COR) during the removal of the scrap from the accumulation site.

3.3 Permits: The contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits to conduct these services in accordance with all national, international, local laws, ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap. The contractor is responsible to provide such licenses and permits as part of their proposal. The contractor shall maintain all licenses and permits during the entire life of the contract. All renewals and/or changes to licenses/permits will be provided to the KO within 5 calendar days of any renewals/changes.

3.4 Reports: The contractor must meet reporting requirements established by local, International ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap, and other materials.

3.5 Contractor Identification: All contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, all contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

3.6

AUTHORIZATION FOR TRAVEL

Attachment 21, USAG-KA Form 55-R, is required before arriving on Kwajalein. A completed Form 55-R and a copy of the individual’s passport shall be submitted to the COR or KO four weeks in advance for approval.

4.0 REMOVAL OF CURRENT INVENTORIES: The contractor shall provide containers and remove the current accumulation of scrap materials from the atoll within 180 days of the Post Award conference. Removal shall be of materials from within the designated accumulated area fence line, above the high water mark and ground level, and items in the designated boneyard.

Order of removal shall be the materials in the loose scrap accumulation area, progressing to the rolling stock and large individual items located in the bone yard, see Attachment 20.

See Attachment 22 for a list of rolling stock items (subject to change).

5.0 DESIGN/ORGANIZE/SET UP: In coordination with USAG-KA the contractor shall establish operation sites and operating hours in the designated contractor operations areas. These sites should be designed to utilize current allocated space and to establish procedures for segregating and moving the scrap in an environmentally compliant manner.

5.1 The collection sites: The sites shall be organized to facilitate the segregation of scrap materials and excess/scrap equipment subject to this contract by type. The contractor shall provide sufficient containers for the removal of the scrap. The contractor must provide and have in place adequate containers to begin performance of the contract within 30 days after contract award.

6.0 TRANSPORTATION: The contractor shall provide all transportation services related to pick up, loading, marking, and any means used to secure the cargo on contractor-furnished conveyances. All transportation shall be in accordance with US Government, international and local solid waste transportation regulations.

6.1 Spill Responsibilities: The contractor shall be responsible for all spills and/or leaks of petroleum, chemical or other hazardous liquids caused by the contractor’s performance of work. All materials used to control and clean up the spill and/or leak shall be supplied and maintained by the contractor. Clean up involves spills and/or leaks from contractor operations in performance of this contract only. The contractor is not required to remediate pre-existing site contamination. The contractor shall immediately report the spills and/or leaks in accordance with the following sub-paragraph 6.2. Cleanup shall be in compliance with the Government site spill plan and all applicable government and local, laws and regulations.

6.2 Spill Reporting Requirements: The contractor shall report all spills and/or leaks in accordance with the spill and emergency plans, government and local law and or regulation. Contractor is responsible for reporting to the COR and KO all spills of special (or hazardous) wastes, regardless of quantity. Spills shall be reported to the COR immediately following the incident. The Contractor shall provide a written report to the KO no later than two (2) calendar days after the initial report. When reporting a spill the following information shall be furnished:

i. Item spilled;

ii. Quantity spilled;

iii. Exact date, time, and location of spill;

iv. Initial actions taken and time actions were taken;

v. Anticipated cleanup and disposal procedures; and

vi. Persons contacted or present at the time of the spill

6.3 Spill Report: Upon completion of spill cleanup and disposal of the spill residue, the contractor shall submit a summary report of the spill to the COR and KO. The report shall include outside direction/assistance required (if any), cleanup procedures taken, personal injury involved, and the names of all local officials contacted.

6.4 SAILING INSTRUCTIONS, PORT OF KWAJALEIN

1. The following is a listing of conditions which must be met prior to USAG-KA accepting marine cargo for discharge at Kwajalein, They are as follows:

a. Vessel must meet the International Safety of Life at Sea Safety Standards (SOLAS). Vessel Master must be capable of presenting, upon request of the USAG-KA Pilot, SOLAS safety certificate.

b. Vessel Master must accept the USAG-KA Pilot as outlined in U.S. Sailing Directions for the Pacific Islands, volume 126, page 134.

c. Upon request of the USAG-KA Pilot, the Vessel Master must present 3 copies of the crew manifest and certificate certifying that the crew is free of communicable diseases. They will also be required to request free pratique on arrival.

d. Vessel Master must contact the USAG-KA Harbor Control 72 hours prior to arrival at the Pilot station. The USAG-KA Harbor Control can be reached on frequency 2716.0 kilocycles (USB) or Kwajalein Tech Control on MHz82961.0 (USB). Vessel Master must provide USAG-KA Harbor Control with the following information 72 hours prior to arrival:

(1) Draft fore and aft,

(2) Nature of cargo to be discharged/loaded,

(3) Plus any change in logistic requirements which would include provisions for water and fuel, and any special cargo handling requirements. Vessel Master will update draft data not later than 24 hours prior to arrival at the Pilot station.

e. Vessel Master is cautioned that maximum draft is 27 feet at the port of Kwajalein.

f. Vessel must be insured by a recognized marine underwriter such as Lloyd's of London. Insurance certificates may be requested upon arrival by USAG-KA Pilot.

g. Vessel must be of internationally recognized register. Vessel Master may be requested to present registration certificates to USAG-KA Pilot.

h. Ship's crew assigned to assist with discharge/loading of cargo must comply with USAG-KA safety regulations which requires use of approved hard hats, safety shoes, and gloves.

i. Vessel must have internationally registered 406 MHz Emergency Position Indicating Beacon(s).

j. Vessel Master must comply with direction from the USAG-KA Pilot regarding Pilot station, use of mooring facilities, and lagoon entry access.

k. Vessel Master must insure that barge and tow complies with American Bureau of Standards (ABS) and that ABS certificate is current and available for inspection by the USAG-KA Pilot upon request.

l. Vessel Master will be responsible for repatriation of crew members from Kwajalein. Vessel Master must insure that adequate U.S. currency is available for same.

m. Vessel Master may be required to settle all outstanding debts accumulated while in port at the direction of the vessel's agent.

n. USAG-KA Marine Department and Pilot may be contacted telephonically at (805) 238-7994, extension 2182, facsimile extension 1814.

o. Vessel's agent will be required to repatriate USAG-KA Pilot should Pilot be required to remain with the vessel under circumstances which are beyond his control.

p. The port of USAG-KA is a drug-free facility. All vessels will be inspected by a drug dog team prior to being cleared into the port.

2. The USAG-KA points of contact are Marine Operations, DSN 480-3421, and Engineering, DSN 480-3779.

7.0 COMPLIANCE WITH LAWS

7.1 Compliance Terms and Conditions: The contractor shall be knowledgeable of and comply with all applicable portions of the most current local regulations and laws. The contractor shall identify and obtain all licenses with USAG-KA and pay all fees and other charges required at no additional cost to the Government.

7.1.1 COMPLIANCE WITH LOCAL LAWS

(a) Contractor and subcontractor employees shall be governed by, and be subject to the military rules and regulations, and to the laws and regulations of the Marshall Islands and its political subdivisions. Infractions of such laws and regulations or such other conduct as may render employees undesirable, may be cause for removal from the project site or the Marshall Islands. The Contractor shall take immediate action in such matters as may be directed by the Contracting Officer. It is the Contractor's responsibility to ensure that all Contractor and subcontractor personnel are thoroughly instructed regarding applicable laws and regulations, and it shall be his responsibility to effect adequate policing of such personnel to avoid infractions.

7.2 CUSTOMS

7.2.1 Customs Duty Tax and Clearances: The contractor is responsible for coordinating and fulfilling any customs clearance requirements with the appropriate Compact of Free Association (CFA) office for removals at no additional cost to the Government. The contractor must provide documentation of payment or clearance to the contracting officer before removal of the property shall be allowed.

7.2.2 Trade Security Control (TSC) Clearance: The contractor shall submit a completed Trade Security Control (TSC) clearance through DLA Disposition Services, “DLA Form 1822, End-Use Certificate” with their proposal. See Attachment 08 for instructions. The TSC clearance is required for this contract. A new DLA Form 1822 must be filed with DLA Disposition Services if the intended disposition of the property changes.

7.3 SAFETY REQUIREMENTS

7.3.1 Safety and Health Precautions: The contractor shall take proper safety and health precautions to protect the work, the workers, the public, the property of others, and the environment. The contractor is responsible for identifying and complying with all safety requirements. The contractor is responsible for ensuring that his agents, employees, or subcontractors perform the work in a safe manner, including wearing the appropriate clothing for the work to be performed. The contractor shall also comply with the US Army Kwajalein Site Safety Plan while on the installation. The Safety Plan will be provided upon award. The contractor shall ensure that all personnel involved in the handling and transportation of the scrap material listed herein are trained in the area of spill response and general first aid procedures.

7.4 WEATHER: The contractor shall abide by all installation and safety requirements for evacuation and closures during inclement weather. The contractor shall contact the COR before traveling to Kwajalein to ensure the facilities are open for normal business and access to the facilities is available. The contractor may be required under emergency conditions to leave the facility during duty hours. The COR shall notify the contractor if evacuation is necessary. In the event of a typhoon, secure all equipment that can be blown about by strong winds. In the event of significant weather events encumber contractor operations the contractor may request an extension to the term date of the contract.

8 OBLITERATION OF DOD MARKINGS: The contractor shall remove all DoD markings or markings of any DoD installation or generator facility appearing on scrap materials subject to this PWS.

8.1 Quality Control Plan: The contractor shall maintain and implement a complete Quality Control Plan (QCP) to ensure the requirements of this contract are provided for as specified. QCP shall be submitted to the CO within ten (10) calendar days of contract award date. See Attachment 09 for a sample QCP.

8.2 Transporting Outside of the Marshall Islands: When scrap and recyclable materials are transported to another country, the contractor shall comply with all applicable international and environmental laws and regulations of the exporting / importing and transit countries, including, but not limited to: Basel notification and any provisions governing the prior notification of competent authorities, transportation, temporary storage, identification, customs clearances, packaging, and labeling. See paragraph 7.2.2, Trade Security Control Clearance.

8.3 Misidentified Items: In case the US Government misidentifies a scrap material the contractor shall inform the COR as soon as the contractor becomes aware of the misidentification. The material shall not be treated or disposed of until the Government has made a determination on the matter. In the case of DEMIL-required property, the contractor shall notify the COR as soon as the contractor becomes aware of the misidentification. The contractor shall not proceed processing the item in question until receiving instructions from the Government.

8.4 Environmental Controls: This contract does not include hazardous waste. However, should hazardous waste, materials which may present an explosive hazard (MPPEH), or radioactive material outside the scope of this contract be discovered, the contractor shall immediately notify USAG-KA and the COR. The contractor shall submit a written report to the KO with a copy to the COR within 24 hours of discovery. The report shall contain:

a. Description of the material discovered

b. Time and place the material was discovered

c. Describe the classified markings noted on the material

d. Names of contractor personnel and any visitors coming in contact with the material

e. If possible the origin of the material

f. Synopsis of the incident

g. Steps taken to prevent further exposure

h. Method used to return the material to the Government

8.5 Contractor Furnished Supplies, Facilities And Services: With the exception of Government Furnished Equipment, see paragraph 8.7, the contractor shall furnish all other equipment and supplies necessary for the performance of this contract. Contractor-furnished equipment, materials and services shall include, but are not limited to the following: containers, vehicles, material handling equipment (MHE), torches, baler, oxygen, acetylene, plasma cutters, shredders, scrap handlers and spill cleanup supplies.

8.6 Contractor Personnel - Contract Manager / Alternate Contract Manager / On-Site Technical Representative

8.6.1 Contractor Points of Contact: The contractor must provide the names and telephone numbers of the main and alternate points of contact, who for the purposes of this contract, shall be designated as contract manager, alternate contract manager and on-site technical representative.

8.6.2 Contractor Managers: The contract manager, and the alternate contract manager in the absence of the contract manager, shall have authority to act for the contractor during the operation of this contract, i.e., makes all arrangements and required coordination. The contractor agrees that notice by the KO to contactor’s 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.

8.6.3 Appearance: Contractor personnel shall present a neat appearance, and be easily recognized as contractor 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 and employee’s name.

8.6.4 English Requirements: The contract manager, alternate contract manager and on-site technical representative must be able to understand, speak, read and write English proficiently. All correspondence pertaining to this contract shall be in the English language.

8.6.5 Contractor Knowledge: The contractor shall ensure that all operations conducted under this contract on Government installations are supervised by an on-site technical representative who possess a working knowledge of the scrap recycling industry. This individual must be capable of resolving questions / inquiries concerning technical aspects of the work involved. Examples of such work include but are not limited to classification of scrap material, completion of required documentation (including manifests), and preparation of scrap material designated for transport.

8.6.6 Restrictions: The contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. Nor shall the contractor employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval in accordance with Government regulations. The contractor shall perform checks to ensure local national or third country national employees do not present a health, safety, or security risk to Government personnel or property. The contractor shall not allow employees to perform duties under this contract if any of the required checks reveal sufficient derogatory information to indicate that the employee is unfit for work in support of this contract. This includes the required pending charge certification, criminal record and background investigation for each employee. The Government reserves the right to direct the Contractor to remove from Government premises any contractor employee that the Government deems to be either a security risk, health risk or who is otherwise considered unsuitable for work under this contract. The contractor shall not allow any employee access to the work site who has possession of or who is under the influence of, alcohol or drugs that would impair an employee's ability to perform work or compromise safety at the work site. Local or U.S. Government regulations, general orders, laws, directives and requirements issued during the contract term relating to law and order, administration, and security apply to all contractor personnel or representatives who enter any work site or perform any function pursuant to this contract in the area of operations. Violation of such rules, regulation, laws, directives or requirements shall be grounds for removal (permanent or temporary as the Government determines) from the work site.

8.6.7 Employee Training: The contractor shall ensure employees have current and valid professional certifications before starting work under this contract. Contractor must provide to the KO and COR, documentation of all employees' training applicable to the performance of this requirement to include certifications to operate heavy equipment such as scrap handlers, forklifts, scoop loaders, baler and tractor-trailers prior to commencement of operations. These records, accounts and certifications must be provided prior to performance by the employee(s).

8.6.8 Progress Meetings: Monthly meetings may be held between the KO, COR, DLA Disposition Services Pacific personnel and contractor to discuss contract status and/or issues. The contractor may request a meeting through the KO. The Government reserves the right to choose telephonic meetings rather than face-to-face meetings.

8.7 GOVERNMENT FURNISHED MATERIAL

8.7.1 Sierra RB6000 Baler

8.7.1.1 The U.S. government will provide the contractor exclusive use of a Sierra RB6000 Baler for the duration of the contract. See Attachment 10 for a description of the baler.

8.7.1.2 The contractor, at the contractor’s expense, shall maintain adequate public liability and property insurance during the term of the contract insuring the contractor against all claims for theft and injury to any person or property resulting from use of the baler.

8.7.1.3 The U.S. government shall in no event be liable or responsible for damage to the baler or injury to any person or property through the contractor’s use, maintenance or operation of the baler. The government shall be indemnified and held harmless by the contractor against claims for damage or injury in such cases.

8.7.1.4 The baler is provided on an “as is” condition in accordance with FAR sections 52.245-1(d) 2(iii) and 52.245-2. The Government makes no warranty that the baler is service able or suitable for contract performance.

8.7.2 Forms and Publications: The Government shall provide in electronic format, U.S. specified forms and publications required for use of Government Equipment to perform the work in this performance work statement. The contractor shall be responsible for any accounting, auditing, and any other forms for waste reporting as required by other government agencies.

8.8 GOVERNMENT-FURNISHED SERVICES AND FACILITIES

8.8.1 Government Personnel: The U.S. Government shall not furnish any personnel to assist the contractor in the performance of the contract. The Contractor understands that any offers of assistance by U.S. Government personnel are unauthorized and the contractor shall not accept any such offers.

8.8.2 Government Furnished Services and Facilities to Contractor and Contractor Personnel . Attachment 11 is deleted from this solicitation. In accordance with paragraph 1.0 above, upon award the contractor is to contact the USAG KA point of contact to coordinate the services required for their operations and personnel. Some of the items to be furnished are:1) Administrative Office Space – Provide office space for 2 personnel for projects expected to last more than 30 days; 2) Food Service. Includes preparation and service of food to authorized personnel, and related dining facilities operations; 3) Housing and Lodging Services. For projects lasting more than 30 days, provide for a maximum of 15 rooms. Rooms will be set for double occupancy; 4) Fuel Services – Provided as needed at a cost of $1.90 per gallon of diesel and $1.94 per gallon of midgrade unleaded gasoline; and 5) Stevedoring and other pierside support services as needed.

During the performance of the contract, when the contractor foresees requirements for oxygen, acetylene gases, liquid oxygen, they are to submit their request to the government for these gases 90 days prior to the projected need.

8.8.3 Installation/Emergency Points of Contact: The Government shall provide fire prevention and protection, inspection and maintenance of Government-furnished fire extinguishers and systems, pest control, and ground maintenance. Information below will be provided at the Post-Award Conference.

8.9 SECURITY

8.9.1 Physical Security: The contractor shall be responsible for safeguarding all contractor property and equipment in its control under this contract. Demilitarization-required and mutilation-required property shall be transferred to the host installation for disposition.

8.9.2 Key Control: There shall be no keys issued to contractors for Government facilities. Contractors shall have access to enter the collection site operating hours. Contractor access to Government facilities after normal operating hours and/or holidays listed in Attachment 12 must be coordinated with the COR and USAG-KA.

8.9.3 Material Potentially Presenting an Explosive Hazard (MPPEH), Missile or Missile Related Material (MMRM): Performance of this contract does not require nor authorize the contractor to handle ammunition, explosives or other dangerous articles. However if MPPEH or MMRM is discovered, the contractor shall take necessary action to protect personnel and property, isolate area and notify USAG-KA and the COR, KO. The Government shall arrange the pickup and removal of the material.

8.9.4 Classified/Confidential Report: Performance of this contract neither requires nor authorizes the contractor to handle classified property nor documents. Should contractor employees encounter actual or suspected classified property or documents, the contractor shall immediately secure the documents or property from both physical loss and compromise and notify the COR and KO of the discovery. If possible the contractor shall provide information as to which collection point provided the material. The Government shall arrange for pick up and removal of such material. The contractor shall provide a written report to the KO and provide a copy to the COR within 24 hours of discovering classified/confidential material or documents. The report shall contain:

a. Description of the material discovered

b. Time and place the material was discovered

c. What classified markings were noticed on the material

d. Names of contractor personnel and any visitors coming in contact with the material

e. Where the material originated

f. Synopsis of the incident

g. Steps taken to prevent further exposure

h. Method used to return the material to the Government

9.0 POST-AWARD ORIENTATION CONFERENCE: A Post Award Orientation Conference will be arranged by KO: Within 10 calendar days following the award of this contract. The COR will assist with contractor access and base clearance.

10.0 Environmental Management System (EMS) ISO 14001

DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), 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 agency Environmental Management System (EMS) Core Instruction. Site supplements may 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 procedures 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. 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. Contractors may request current copies of EMS information identified in this paragraph by contacting the local Contracting Officer's Representative (COR).

11.0 DEFENSE BASE ACT (DBA) INSURANCE

The Defense Base Act (DBA) provides workers compensation type insurance coverage for contractor employees performing under government contracts outside of the United States. It is intended to be a counterpart to domestic workers compensation coverage and as such, is the sole recourse for workers who suffer on-the-job injuries or death while engaged in work in foreign locations under government prime contracts and subcontract. Since an Act is an action required by law, this contract must include the DBA coverage as applicable.

DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of Labor (DoL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waives for foreign nationals, if acceptable workers compensation benefits are provided by applicable local law. There is no current DB A waiver for the Compact of Free Association, therefore, U.S. citizens and foreign nationals will be required to obtain D BA insurance coverage.

CLIN 0002, DBA insurance, will reimburse contractors for actual cost for obtaining/ maintaining the DBA insurance when applicable. If CLIN 0002 is applicable, this cost will be included in the contract value upon award. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the U.S. a listing of firms who do provide such coverage can be assessed at: http://www.dol.gov/owcp/dlhwc/lascarrier.htm. Additional information regarding DBA can be referenced at http://www.do.gov. Offerors who do not include a unit price for CLIN 0002 may have their proposal considered to be non-responsive and ineligible for award.

12.0 INDEMNIFICATION

Upon receipt/removal of items from the various Government installations, the contractor assumes full accountability and physical custody of such items. The Government assumes no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personal injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control or any other person including members of the general public, caused in whole or in part by, a) the Contractor’s breach of any term or provision of this contract; or, b) any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract. The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting, and disposal of any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.