SP4530-17-R-0005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000058604

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4530-17-R-0005

5. SOLICITATION NUMBER

2017 JUL 17

6. SOLICITATION ISSUE

DATE

Robert Jones DRJ0024

a. NAME

Phone: 808-473-4438

b. TELEPHONE NUMBER (No Collect calls)

2017 AUG 07

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

562920NAICS:

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

51PAGE 1 OF

03:00 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

NOTICE TO OFFERORS

1. This is a COMMERCIAL solicitation for an award of a one-time firm-fixed price contract written as performance-based. Services are to provide Management and Scrap Removal operations from the US Army Garrison Kwajalein Atoll (USAG-KA) scrap accumulation areas (see Attachment 14, page 4) including off island disposal and recycling. The resulting contract will provide for a 250 day performance period. The contract is estimated to begin on 28 September 2017. The 250 day performance period is to give the awardee adequate time to mobilize, obtain all necessary licenses/permits, etc., and complete the removal of scrap. The awardee should plan to be on island and begin removing scrap by 4 February 2018.

2. This request for proposal (RFP) consists of one (1) bid schedule, Attachment 11, for Contract Line Item Numbers (CLIN) 0001, Management and Removal of Scrap Collection Site Kwajalein Atoll Estimated 6 million pounds and 0002, Defense Base Act Insurance including an itemized breakdown of CLIN 0001. An omission of any line item pricing may result in the offer being considered non-responsive and may not be considered for award.

The total of these two CLINS must equal the total of the Itemized List of Requirements & Needs also on the bid schedule form. Feel free to revise the itemized list as necessary.

NOTE: Offerors must submit their prices in the United States local currency (dollars). Proposals received in currency other than dollars shall be considered non-conforming and non-responsive to the solicitation.

3. The removal will be performed in its entirety in Kwajalein which is located in the Republic of the Marshall Islands. Disposal and recycling can be performed elsewhere. The successful offeror must have all the required permits, registrations and licenses to perform work in Kwajalein. The successful Offeror shall 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.

4. In order to submit a complete proposal, Offerors shall follow instructions and complete all forms required by this solicitation. 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. Offerors are responsible for asking their references to complete the Past Performance Questionnaire and for ensuring that the completed questionnaires are submitted directly by them to DLA Disposition Services via email at DLADispSrvHazContHI@dla.mil by the solicitation closing date. Proposals for this solicitation shall be submitted via electronic media to DLADispSrvHazContHI@dla.mil. The deadline for receipt of proposals is on 07 August 2017, at 3:00 p.m. Hawaii Standard Time (HST).

5. 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) is not met.

6. SITE VISIT: A Site Visit is not scheduled for this project. Pictures that are representative of the type of materials, equipment and vehicles stored at the Kwajalein scrap accumulation areas are provided in Attachment 14, REPRESENTATIVE PHOTOS OF SCRAP. The pictures are only representative of the type of scrap and may not be an actual depiction of the scrap that will be removed. Actual scrap requiring removal will be identified at the site after contract award. Total weight of materials, equipment and vehicles to be removed under this project will not exceed 6 million pounds.

DISCLAIMER: PLEASE NOTE that all images are for illustrative purposes only and are being provided to give a general overview of the quality and type of mixed scrap being offered. Specific or individual items seen in the photos may not necessarily portray actual items included in the solicitation. These photos are not intended to form part of any contract or warranty under this solicitation.

7. PRE-PROPOSAL CONFERENCE: A Pre-Proposal teleconference is scheduled for 10:00 a.m., Monday, 24 July 2017. If you are planning to call in, please email Mr. Robert Jones at robert.1.jones@dla.mil at least 24 hours prior to the conference to receive an advance copy of the presentation slides, and the call-in number.

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SP4530-17-R-0005

If the presentation slides are not requested 24 hours prior to conference start time, there is no guarantee that the slides will be made available before the start of the conference. All pre-proposal presentation slides and meeting notes will be made available by solicitation amendment, within 3 days of the conclusion of the conference.

8. Offerors must submit all questions regarding this solicitation via email to Mr. Robert Jones at robert.1.jones@dla.mil. Questions must be submitted no later than 26 July 2017, 3:00 p.m. HST so that the Government can provide corresponding answers via an amendment to the solicitation and still provide offerors ample time to prepare their proposals. The Government is not obligated to answer questions submitted after this common cut-off date and time. The terms and conditions of the solicitation remain unchanged unless the solicitation is amended in writing.

Although we can entertain questions verbally from you, the responses are not official and should not be considered in preparing your proposal unless those questions are submitted and responses are provided in writing. This also holds true for any conversations via telephone or at the conference.

9. This solicitation does not commit the Government to pay any costs incurred towards submission of an offer, in making any necessary studies for the preparation thereof, or for any revisions(s) the Contracting Officer may request for the purpose of clarification of the offer.

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

1.0 GENERAL

2.0 PUBLIC AFFAIRS COORDINATION

3.0 CONTRACTOR RESPONSIBILITIES

3.1 CONTRACTOR RESPONSIBILITIES

3.2 MANAGEMENT OF THE SCRAP COLLECTION SITE

3.3 PERMITS

3.4 REPORTS

3.5 CONTRACTOR IDENTIFICATION

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

7.0 COMPLIANCE WITH LAWS

7.1 COMPLIANCE TERMS AND CONDITIONS

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 TRANSPORTING OUTSIDE OF THE MARSHALL ISLANDS

8.2 MISIDENTIFIED ITEMS

8.3 ENVIRONMENTAL CONTROLS

8.4 CONTRACTOR FURNISHED SUPPLIES, FACILITIES, AND SERVICES

8.5 CONTRACTOR PERSONNEL - CONTRACT MANAGER / ALTERNATE CONTRACT MANAGER / ON-SITE TECHNICAL REPRESENTATIVE

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8.5.1 CONTRACTOR POINTS OF CONTACT

8.5.2 CONTRACTOR MANAGERS

8.5.3 APPEARANCE

8.5.4 ENGLISH REQUIREMENTS

8.5.5 CONTRACTOR KNOWLEDGE

8.6 RESTRICTIONS

8.6.1 EMPLOYEE TRAINING

8.6.2 PROGRESS MEETINGS

8.7 GOVERNMENT FURNISHED MATERIAL

8.7.1 FORMS AND PUBLICATION

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 DEFENSE BASE ACT (DBA) INSURANCE

11.0 INDEMNIFICATION

ATTACHMENTS

ATTACHMENT 01 LOCATIONS

ATTACHMENT 02 ACCEPTABLE PERFORMANCE LEVELS (APLS)

ATTACHMENT 03 DEFINITIONS

ATTACHMENT 04 ACRONYMS

ATTACHMENT 05 COMPACT OF FREE ASSOCIATION

ATTACHMENT 06 SUBSIDIARY AGREEMENTS - COMPILATION FOR THE REPUBLIC OF THE MARSHALL ISLANDS

ATTACHMENT 07 DLA FORM 1822, END-USE CERTIFICATE, INSTRUCTIONS

ATTACHMENT 08 DLA FORM 1822, END-USE CERTIFICATE

ATTACHMENT 09 GOVERNMENT FURNISHED SERVICES AND FACILITIES TO CONTRACTOR AND CONTRACTOR PERSONNEL

ATTACHMENT 10 U.S. HOLIDAYS

ATTACHMENT 11 KWAJALEIN BID SCHEDULE 4.7.20 – DAU

ATTACHMENT 12 PAST PERFORMANCE INFORMATION (PPI) QUESTIONNAIRE-OFFEROR

ATTACHMENT 13 FORM 55 R

ATTACHMENT 14 PHOTOs

ATTACHMENT 15 MISCELLANEOUS Q&A

ATTACHMENT 16 QASP

PERFORMANCE WORK STATEMENT

1.0 GENERAL INFORMATION: The contractor shall provide all personnel, equipment, 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 contractor shall coordinate with USAG-KA regarding Government furnished services and facilities (Attachment 09), see paragraph 8.8.2. . Definitions of terms and acronyms used in this PWS are provided in Attachments 03 and 04 respectively. USAG-KA entry form 55 R is provided in Attachment 13.

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All contractor employees will be admitted on a form 55 R. Each person must complete form 55 R and return to USAG-KA. In addition to this document a photocopy of the individual’s passport must be included. The standard processing time for the background checks is two weeks for non-US personnel. However, due to the expected large number of requests, USAG-KA requests four weeks to process forms to ensure they are approved before travel is started.

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 Subsidiary Agreements – Compilation For The Republic Of The Marshal Islands, 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 05 and 06. 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.

3.2 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, national, and international laws 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.

4.0 REMOVAL OF CURRENT INVENTORIES: The contractor shall remove the current accumulation of scrap materials from the island (Kwajalein) within 250 days of the Contract Award. Removal shall be of materials from within the designated accumulation areas, above the high water mark and ground level.

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

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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.

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.

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.

7.2 CUSTOMS

7.2.1 Customs Duty Tax and Clearances: The contractor is responsible for coordinating and fulfilling any customs clearance requirements with the appropriate Republic of the Marshall Island (RMI) 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 from the island (Kwajalein) 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 07 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

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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 that 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 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 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.

8.2 Misidentified Items: In case the US Government misidentifies 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.

8.3 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

8.4 Contractor Furnished Supplies, Facilities And Services: 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: vehicles, material handling equipment (MHE), torches, baler, oxygen, acetylene, plasma cutters, shredders, scrap handlers and spill cleanup supplies.

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

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8.5.1 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.

The contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

The contractor agrees that notice to the contractor representative(s) listed constitutes notice to the contractor, and agrees to be bound by any commitments or representations made by this representative.

NAME

TITLE

PHONE NUMBER

24 HOUR EMERGENCY NUMBER

8.5.2 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.

8.5.3 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.

8.5.4 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.

8.5.5 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 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.

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8.6.1 Employee Training: The contractor shall ensure employees have current and valid certifications before starting work under this contract. DLA will provide “Recognition and Identification Training” for Contractor personnel to aid in recognizing and identifying Special handling property, such as Demilitarization, Mutilation and Hazardous property (Reference paragraph 8.9.1). 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).

8.6.2 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 contractor may also request a meeting directly with the COR to discuss technical requirements of the work. The Government reserves the right to choose telephonic meetings rather than face-to-face meetings.

8.7 GOVERNMENT FURNISHED MATERIAL

8.7.1 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 09) Attachment 09, Government Furnished Services and Facilities to Contractor and Contractor Personnel, provides a breakdown of services that are provided by the facility. In accordance with paragraph 1.0 above, upon award, the contractor shall contact USAG-KA to coordinate the Government furnished services and facilities.

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 and Points of Contacts (POCs) 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 10 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

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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 RESERVED

11.0 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.

(END OF PWS)

KWAJALEIN CLAUSES

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

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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 legally 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) 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.

AVAILABILITY AND USE OF UTILITY SERVICES

a. The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at rates in accordance with the Financial Policy and Rate Manual. The Contractor shall carefully conserve any utilities furnished without charge.

b. Schedule of utilities available from the Government without charge: None. The Government requires reimbursement for utilities used.

[End of Statement]

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 Regulation 190-10. This regulation is applicable to all persons, ships, and aircraft for entry into USAG-KA for official and unofficial purposes.

(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) The entry authorization request should list temporary duty (TDY) 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 Contractor 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 Contracting Officer in writing of its intent to employ for work in the Republic of the Marshall Islands under the contract 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

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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.

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

[End of Statement]

RESTRICTIONS ON LOCAL HIRE

(a) Local hire is limited to Marshallese and to citizens or legal alien residents of the United States, and shall be subject to the written approval of the Commander of USAG-KA. Where local hire is required, priority for hiring shall be given to Marshallese. However, the contractor is advised that there may be limited numbers of skilled Marshallese available for hire for this Contract.

(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. All requests for written approval of the Commander of USAG-KA for the local hire of Marshallese shall be accompanied by evidence of appropriate work permits issued by the Kwajalein Atoll Local Government and any other applicable permits necessary under local policies and procedures and the Government of the Marshall Islands 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.

[End of Statement]

MOVEMENT OF CARGO VIA CONTRACTOR-CHARTERED COMMERCIAL VESSELS

(a) With respect to Contractor cargo to be moved by the Contractor to Kwajalein on a commercial vessel from any port, the Contractor shall submit to the Contracting Officer at least twenty (20) days prior to arrival of such vessel at Kwajalein, a written report giving type cargo, long tons, measurement tons, port of loading, expected date of arrival of vessel and estimated time of arrival. The Contractor shall arrange to have Masters of vessels make periodic reports en route informing the port of destination of any change of hour and date of arrival at Kwajalein.

(b) Due to limited berthing facilities at the main cargo pier at Kwajalein, the Contractor shall be responsible for checking the Military Sealift Command (MSC) Schedule and shall coordinate commercial vessel shipments so that there will be no conflict in MSC and Commercial vessel arrival and use of the cargo pier facilities. The Contractor will use the Barge Slip Ramp (BSR).

COMMUNICATION FACILITIES

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Arrangements may be made through the Contracting Officer or his authorized representative for the installation of a limited number of telephones at desired locations on Input Location. There will be an installation charge and monthly service charge for each telephone instrument, based on prevailing rates, and the Contractor shall make payment for such services in a manner as determined and approved by the Contracting Officer.

ON-LOADING AND OFF-LOADING OF CARGO FROM SURFACE VESSELS OR AIRCRAFT; TRANSPORTATION TO JOBSITE

(a) The Contractor shall be responsible for all costs associated with on-loading and/or off-loading contract related material and equipment at Kwajalein involving vessels or aircraft. The Contractor shall be responsible for all movement and handling of material from dockside, aircraft or the USAG-KA staging area at Kwajalein to the scrap accumulation site, including all associated costs.

(b) If inter-island transportation is required in this contract, the Contractor shall be responsible for all inter-island transportation of personnel, material and equipment, including on-loading and/or off-loading of material and equipment.

[End of Statement]

COMPLIANCE WITH LOCAL LAWS

Contractor and subcontractor employees, shall be governed by, and subject to the military rules and regulations, and to the laws and regulations of the Marshall Islands and its political subdivisions.

Infraction 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.

[End of Statement]

DEPENDENTS

Dependents of Contractor personnel, either United States citizens or alien residents of the U.S. will not be permitted to visit or reside on Kwajalein Island.

[End of Statement]

MEDICAL AND DENTAL SERVICES

Medical and dental facilities will be made available to Contractor personnel at Kwajalein Island only at the current established rates. The Contractor will be responsible for insuring payment of medical and dental bills incurred by his employees.

[End of Statement]

POSTAL FACILITIES

Postal service, in accordance with regulations promulgated by the U.S. Postal Service, will be available at Kwajalein Island only.

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POL PRODUCTS

(a) Bulk POL products will be made available to the Contractor from Government sources in the Kwajalein Atoll for use as required in his operations. It will be the Contractor's responsibility to make arrangements and payments pursuant to established Government procedures.

(b) Payments by the Contractor to the Government will be made on a monthly basis, or other convenient basis, at the discretion of Contracting Officer.

(c) POL products will be provided by the logistics support Contractor as required at POL dispensing facilities in Kwajalein Island.

[End of Statement]

ORDNANCE DISPOSAL

The island on which scrap removal operations are to be performed was occupied by military forces during World War II and was within the combat zone. A demolition crew has removed visible ordnance from the islands.

However, additional unexploded ordnance including bombs, shells, etc., may be encountered during the Contractor's operations. Should any such objects be encountered, the Contractor will take immediate action to prevent disturbance of or tampering with such objects, and shall report the discovery to the USAG-KA Security and Law Enforcement Contractor and the Explosive Ordnance Disposal (EOD) office for disposal action.

[End of Statement]

STORM PROTECTION

Should warning of winds of gale force or stronger be issued, the Contractor shall take every practicable precaution to minimize danger to persons, to the work, and to adjacent property.

MARSHALLESE INCOME TAX

Contractor is advised that, under the terms of Article V of the Status of Forces Agreement, United States contractor personnel and dependents who are also 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 by United States contractors. Marshallese personnel are subject to income tax generally applicable in the Marshall Islands, without limitation.

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.

[End of Statement]

SAILING INSTRUCTIONS, PORT OF KWAJALEIN

1. The following is a listing of conditions which must be met prior to U.S.