Solicitation No. SP4520 14 R 0008

8/10/2019 Solicitation No. SP4520 14 R 0008

1/75

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFERORTOCOMPLETEBLOCKS12, 17, 23, 24,&30 1000028801

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVEDATE

4. ORDER NUMBER

SP4520-14-R-0008

5. SOLICITATION NUMBER

2014 SEP 26

6. SOLICITATION ISSUEDATE

Jon Machacek PXMPHA4

a. NAME

Phone: +49-631-411-5

b. TELEPHONE NUMBER (No Collectcalls)

2014 OCT 27

8. OFFER DUE DATE/LOCAL TIME

9. ISSUED BY CODE SP4520

DLA DISPOSITION SERVICES J-761MANNHEIMERSTRASSEKLEBER KASERNE BLDG 3227 67657D- KAISERSLAUTERN

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESS

562211NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-TION UNLESS BLOCK ISMARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODEOFFEROR

FACILITYCODE

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 (ForGovt.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 RETURNCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANYADDITIONAL 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 ARESET 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

1

SEE SCHEDULE

7. FOR SOLICITATIONINFORMATION CALL:

SEE SCHEDULE

75PAGE 1 OF

03:00 PM

STANDARD FORM 1449(REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB


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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)BAC

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 GOVERNMENTREPRESENTATIVE

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

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIV

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIEDCORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)


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CONTINUED ON NEXT PAGE

PAGE 3 OF 75 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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Form

PRICE SCHEDULEBase Period

(1 February 2015 31 July 2016)

BATTERIES N0400 TO N0450

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EXTENDED AMOUNT

N0400 Batteries, Lithium 1,700,000 KG

N0410 Batteries, Magnesium 500 KGN0420 Batteries, Nickel-Cadmium 500 KGN0440 Batteries, Dry Cell, Mixed including

but not limited to Alkaline, CarbonZinc, and Manganese (pre-sorted fordisposal)

5,000 KG

TRANSPORTATION SERVICES N6000 TO N6100


N6060 Transportation of hazardouswaste from Afghanistan tofinal disposal facility (equivalentvolume of 40-foot container) via souththrough Pakistan

80 EA


10 EA

N6070 Transportation of hazardouswaste from Afghanistan to

final disposal facility (equivalentvolume of 40-foot container) vianorthern route

80 EA

N6075 Transportation of hazardouswaste from Afghanistan tofinal disposal facility (equivalentvolume of 20-foot container) vianorthern route

10 EA

LABELS N6660


N6660 Container/drum labels, self adhesiveand weather resistant

1,000 EA

PURCHASE OF CONTAINERS N6700 TO N6799


N6780 Purchase of 200 liter containers UNapproved for hazardous solids metal

100 EA

N6785 Purchase of 200 liter containers UNapproved for hazardous solids plastic

1,000 EA

SPECIAL N6900 to N7200


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N6900 Battery segregation andpackaging/repackaging inventory,minimum order 100kg

2,000 KG

N7000 Basel notification for all waste

streams listed above (U/M of eachconsists of a notification for a 12-month period

2 EA

N7100 Defense Base Act insurance Afghanistan (U/M of each consists ofcoverage for all contract personnelworking in-country during a 12-monthperiod

2 EA

Option Period I(1 August 2016 31 January 2018)


CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EXTENDED AMOUNTN0400 Batteries, Lithium 300,000 KG

N0410 Batteries, Magnesium 500 KGN0420 Batteries, Nickel-Cadmium 500 KGN0440 Batteries, Dry Cell, Mixed including

but not limited to Alkaline, CarbonZinc, and Manganese (pre-sorted fordisposal)

2,000 KG




final disposal facility (equivalentvolume of 40-foot container) via souththrough Pakistan

40 EA


10 EA


40 EA

N6075 Transportation of hazardous

waste from Afghanistan tofinal disposal facility (equivalentvolume of 20-foot container) vianorthern route

10 EA

LABELS N6660


N6660 Container/drum labels, self adhesiveand weather resistant

500 EA


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100 EA


300 EA




2,000 KG

N7000 Basel notification for all wastestreams listed above (U/M of eachconsists of a notification for a 12-month period

2 EA

N7100 Defense Base Act insurance

Afghanistan (U/M of each consists ofcoverage for all contract personnelworking in-country during a 12-monthperiod

2 EA

Option Period II(1 February 2018 31 July 2019)



N0400 Batteries, Lithium 250,000 KG

N0410 Batteries, Magnesium 500 KGN0420 Batteries, Nickel-Cadmium 500 KG

N0440 Batteries, Dry Cell, Mixed includingbut not limited to Alkaline, CarbonZinc, and Manganese (pre-sorted fordisposal)

1,000 KG




20 EA

N6065 Transportation of hazardous

waste from Afghanistan tofinal disposal facility (equivalentvolume of 20-foot container) via souththrough Pakistan

10 EA


20 EA


10 EA


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final disposal facility (equivalentvolume of 20-foot container) vianorthern route

LABELS N6660

CLIN DESCRIPTION EST QTY UNIT UNIT PRICE EXTENDED AMOUNTN6660 Container/drum labels, self adhesive

and weather resistant100 EA




40 EA


1,000 EA




2,000 KG

N7000 Basel notification for all wastestreams listed above (U/M of eachconsists of a notification for a 12-month period

2 EA

N7100 Defense Base Act insurance Afghanistan (U/M of each consists ofcoverage for all contract personnelworking in-country during a 12-monthperiod

2 EA

PERFORMANCE WORK STATEMENT

1. GENERAL

1.1 This contract covers the non-personal services for inspection, packaging/repackaging, loading, unloading, containerization,removal, transportation, storage, recycling, reuse, recovery, treatment, and disposal of battery and regulated substances fromU.S. military installations within the country ofAfghanistan; specifically, immediate removal of an estimated backlog of several millionpounds of battery waste, followed by regular removals of accumulated battery wastes. At this time, the known location for performanceis Bagram AB, Afghanistan.

1.2 The U.S. Government may order the estimated quantities for services in the country outlined above. Should the U.S. Governmentrequire services in any other new locations in Afghanistan other than Bagram AB, the contract CLIN pricing shall apply, except for theaddition of a new transportation CLIN by modification to the contract. The Government does, however, reserve the right to contractseparately for any of these new locations.

1.3 The contractor shall furnish all labor, supervision, supplies, materials, services, equipment (to include but not limited to) thefollowing: sea land containers and container trucks, portable scales for weighing drums and bulk containers, labeling, and cleaningequipment, incidental spill cleanup supplies, forklifts, lift gate trucks, pallet jacks and waste collection containers transportation, permitsand authorizations to accomplish the work in a timely and efficient manner, subject to the following concept of operations:


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1.3.1 The U.S. Government will pack batteries in containers suitable for transportation, and then load the packaged batteries intotwenty-foot U.S. Government-owned containers, braced and ready for shipment. The contractor will be required to load thesecontainers onto trucks for export from Afghanistan.

1.3.2 After delivery of batteries to suitable disposal facilities, the contractor will transport/return the empty U.S. Government-ownedcontainers to the Defense Logistics Agency (DLA) Disposition Services site in Kaiserslautern, Germany. There, the U.S. Government

will offload the twenty-foot containers.

1.4 The U.S. Government shall not furnish any personnel or equipment to assist the contractor in the performance of the contractunless otherwise specified. The Contractor understands that any other offers of assistance or use of Government equipment made byU.S. Government personnel other than the Contracting Officer are unauthorized and the contractor shall not accept any such offers.

1.5 The U.S. Government is not responsible for providing force protection to the contractor; however, the intent of the terms andconditions of the contract is that the contractor will not be sent into an area where there is anticipated to be live fire. If the contractorconsiders a situation exists which constitutes an unsafe environment due to regional hostilities, they may inform the Contracting Officerand negotiate an appropriate extension to the period of performance, until a safe environment can be reestablished. Only aftercognizant military officials have determined that a site has been sufficiently stabilized, will battery waste removal be required.

1.6 The removal, transportation, storage, treatment, disposal, and recycling of wastes offered under this contract are to be performedin accordance with European Union (EU) and international environmental, safety and health laws and regulations; internationalagreements governing the transportation of dangerous goods; and in conformance with industry standards that minimize risks to human

health and the environment. These standards apply not only to the country in which the waste is generated, treated and disposed, butalso any transit countries through which the waste is transported.

2 DEFINITIONS

2.1 Contracting Officer (CO): A Contracting Officer is a person duly appointed with the authority to enter into, change, and administercontracts on behalf of the U.S. Government.

2.2 Contracting Officer's Representative (COR): A person appointed by the Contracting Officer, in accordance with subsection201.602-2 of the Defense Federal Acquisition Regulation Supplement (DFARS), as CORs to perform specific technical or administrativefunctions. The CORs shall be the contractors day-to-day primary points of contact for the duration of this contract.

2.3 Controlled Substances: Narcotics, depressants, stimulants, hallucinogens, or pharmaceuticals regulated under U.S. law orcontrolled by international treaty, convention, or protocol.

2.4 Corrosives: Wastes with a pH of less than or equal to 2 or greater than or equal to 12.5.

2.5 Delivery Order: An order for supplies placed against an established contract or with Government sources.

2.6 Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into, or on, land or water. Properdisposal effectively mitigates hazards to human health and the environment.

2.7 DLA Disposition Services site: Provides local support to battery waste generators. Formerly a DRMO site.

2.8 DLA Disposition Services Europe and Africa: Provides regional environmental support to DLA Disposition Service sites. FormerlyDRMS DSD-E.

2.9 Environmental Office: The office responsible for all environmental programs on a U.S. military reservation.

2.10 Hazardous Materials (HM): Any material that is capable of posing an unreasonable risk to health, safety and property that isregulated in accordance with international environmental standards or regulations or EU Directives.

2.11 Hazardous/Special Waste: Wastes which meet one or more hazardous characteristic, such as ignitable, corrosive, reactive, toxicor are defined as special or hazardous waste in accordance with international environmental standards or EU Directives.

2.12 Hazardous Waste Accumulation Point (HWAP): Areas at or near the point of waste generation where the waste istemporarily stored until removed to a Hazardous Waste Storage Area or shipped for disposal.

2.13 Hazardous Waste Storage Area (HWSA): Location where battery waste is stored after generation (Hazardous WasteAccumulation Point). Hazardous waste is stored at a HWAP prior to shipment to a TSDR (Treatment Storage Disposal Recycling)facility.


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2.14 International Maritime Dangerous Goods Code: International regulations for the shipment of dangerous goods by sea.

2.15 Incinerator: A device used to thermally destroy a waste.

2.16 Manifest: A shipping paper used to control and track the movement of battery waste.

2.17 On-Site Technician (OST): The contractor's authorized representative performing work at the installation under a contract.

2.18 Reactive Wastes: Reactive wastes are compounds or mixtures that are unstable, react with water, contain cyanide, bear sulfideor are capable of generating toxic gases when exposed to acidic or basic compounds; or are readily capable of detonation, explosivedecomposition or reaction at standard temperature and pressure.

2.19 Recovery (Metal Wastes): Treatment using one or more of the following technologies: thermal processing; precipitation;exchange; carbon adsorption, or other techniques that yield enriched or concentrated levels of metals in the residuals.

2.20 Recycling: Beneficial use, reuse, recovery, or reclamation as defined by EU regulations.

2.21 Shipping papers: Transport documents used to track the shipment of battery wastes and materials.

2.22 Stabilization or Macroencapsulation: Treatment that uses oxidation, reduction, or other means to render the batterys hazardous

characteristics or constituents immobile to prevent their release into the environment.

2.23 Task Order: An order for services placed against an established contract or with Government services.

2.24 Treatment: Any method, technique, or process designed to change the physical, chemical, or biological character or compositionof any battery waste. Treatment includes neutralization, energy or material resource recovery, or any process rendering a waste non-hazardous or less hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable for storage, or reduced involume.

3 ACRONYMS

ADR European Agreement Concerning the International Carriage of Dangerous Goods by RoadBTU British Thermal UnitCLIN Contract Line Item NumberCO Contracting Officer

COR Contracting Officers RepresentativeCOTR Contracting Officers Technical RepresentativeDG Dangerous GoodsDLA Defense Logistics AgencyDoD Department of DefenseDoT Department of TransportationDTID Defense Turn-In DocumentEA EachEMO Environmental Management OfficeEO Enviromental OfficeEU European UnionENU Elementary Neutralization UnitEWC European Waste CodeFGS Federal Governing StandardsGSU Geographically Separated UnitsHG Hazardous GoodsHW Hazardous WasteHWAP Hazardous Waste Accumulation PointHWPS Hazardous Waste Profile SheetHWSA Hazardous Waste Storage AreaIAW In Accordance WithIBC International Bulk ContainerIEC Installation Environmental CoordinatorIMDG International Maritime Dangerous Goods CodeJB JobKG Kilogram


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L/I Line ItemMO MonthMOCC Ministry of Climate ControlMSDS Material Safety Document SheetOCONUS Outside the Continental United StatesODS Ozone Depleting Substance

OSH Occupational Safety and HealthOST On-Site TechnicianPCB/PCT Polychlorinated Biphenyl/Polychlorinated TriphenylPOL Petroleum, Oil and LubricantsPPM Parts per MillionQFL Qualified Facilities ListQTL Qualified Transporters listRID European Agreement Concerning the International Carriage of Dangerous Goods by RailSOW Statement of WorkTO Task OrderTSDRF Treatment, Storage, Disposal or Recycling FacilityU/M Unit of MeasureUN United NationsUSEPA United States Environmental Protection AgencyWMS Waste Management Services

4 CONTRACTOR PERSONNEL

4.1 The contractor must provide the names and telephone numbers of the main and alternate points of contact, who for thepurposes of this contract, shall be designated as contract manager and alternate contract manager and on-site technicalrepresentative to the Contracting Officer within seven (7) calendar days of award. See contract clause entitledDOCUMENTATION REQUIREMENTS, ACCEPTANCE, INVOICING, AND TRACKING.

4.2 The contract manager, and the alternate contract manager in the absence of the contract manager, shall have authority to act forthe firm during the operation of this contract, i.e., for all arrangements and required coordination. The contractor agrees that notice bythe U.S. Government to the designated contract manager or alternate contract manager, shall constitute notice to the firm, and agreesto be bound by any commitments or representations made by the employees so designated. Contract personnel shall present a neatappearance and be easily recognized as contractors employees. This may be accomplished by wearing distinctive clothing bearing thename of the company or by wearing appropriate badges that display the companys name or the employees name.

4.3 All correspondence pursuant to this contract shall be in the English language. The contract manager, his alternate, and his OSTmust be able to understand English language and be able to speak the English language with sufficient structural accuracy andvocabulary to participate effectively in conversations on practical and professional levels. They must also be able to proficiently readand draft official correspondence and reports in the English language.

4.4 The contractor shall ensure that all operations conducted under this contract on Government installations are supervised by anindividual with basic training in battery waste identification and management, who is capable of resolving questions/inquiries concerningtechnical aspects of the work involved. Examples of such work include, but are not limited to, classification of battery chemistry,packaging/repackaging, completion of required documentation (including manifests), sampling, and inspection of battery wastesdesignated for transport. If the contractor tasks a driver or any other individual with these duties, he/she must be qualified and able toperform as required in this contract.

4.5 The contractor shall be prepared to provide personnel information for access to any military installation to the Contracting Officerand on-site COR at least five (5) days prior to the requested timeframe for any scheduled site visits or to conduct site visits,repackaging or labeling activities. In addition, the contractor must insert the telephone and fax numbers and e-mail addresses of themain and alternate points of contact, who for the purposes of this contract, shall be designated as contract manager and alternatecontract manager.

5 PERMITS AND RESPONSIBILITIES

5.1 Permits:

5.1.1 The contractor warrants that they have been duly authorized to operate and do business in the country or countries in which thiscontract is to be performed and that they will fully comply with all laws, decrees, labor standards and regulations of this country andtransit countries during the performance of this contract. The contractor shall, without additional expense to the U.S. Government, beresponsible for obtaining any necessary licenses, permits, notifications, and customs procedures, if applicable laws, codes, and


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regulations in connection with the execution of the work. This includes acquiring any required permits, registrations, authorizations ornotifications necessary to operate in any country or on any installations listed in this contract.

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

Responsibilities:

5.2.1 The contractor shall only utilize Transporters and Treatment, Storage, Disposal/Recycling facilities (TSDRFs) listed on theQualified Facilities List posted on the DLA Disposition Services website(http://dispositionservices.dla.mil/newevn/documents/qualtran.pdf orhttp://dispositionservices.dla.mil/newenv/documents/qualfac.pdf )for transport/disposal of hazardous waste. This also applies to unregulated wastes capable of being recycled unless alternate facilitiesare approved by DLA Disposition Services Europe and Africa after contract award.

5.2.2 After contract award, the contractor may propose the use of additional TSDR facilities in accordance with procedures outlined inthe contract clause entitled ADDITIONAL TSDFs AND TRANSPORTERS. However, the U.S. Government is under no obligation toapprove the use of such facilities. All disposal, storage, transportation, chemical analysis and additional authorizations required for thedelivery of wastes/materials to such facilities will be prepared and performed at no additional charge to the Government. (It should benoted that when in-country facilities become available the contractor should provide the CO information as directed in the contractclause entitled ADDITIONAL TSDFs AND TRANSPORTERS).

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

5.2.3.1 The contractor shall prepare, complete, and provide copies of the appropriate shipping papers to the cognizant COR at leastfive (5) days prior to the removal of the waste from the installation.

5.2.3.2 All manifests and/or shipping papers must be completed by the contractor in accordance with all applicable laws andregulations concerning manifesting of the waste.

5.2.3.3 All battery waste leaving the installation must be accompanied by a serially numbered manifest/shipping paper to ensure acomplete audit trail from point of origin to ultimate disposal or recycling.

Appropriate host nation or international form(s) are required.

5.2.3.5 The contractor shall be notified of any COR requested corrections to the shipping paper before pickup, if possible. Removal

may be halted by the COR until the required documentation is provided or the COR may allow the removal to continue depending onthe severity of the errors.

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

5.2.3.7 Copies of outgoing shipping papers shall be furnished to the COR at time of shipment. The contractor shall provide returnedsigned copies of appropriate shipping papers as required by the host nation and/or any other applicable national or internationalenvironmental laws and regulations.

5.2.3.8 The contractor shall ensure that the copy of the manifest/shipping paper showing completion of transportation is returned to theCOR, at a minimum, no later than 30 calendar days following delivery of the waste to the disposal or recycling facility.

5.2.3.9 The copy of the manifest recording completion of disposal shall be returned to the CO and to the COR, at a minimum, no laterthan 30 calendar days following disposal of the waste.

5.2.3.10 At the time of removal, one copy of the completed shipping paper(s) shall be given to the COR.

5.2.3.11 Any transportation and host nation manifesting/documentation requirements established by the International MaritimeDangerous Goods (IMDG) Code, the May 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and theirDisposal (if applicable), and European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) mustalso be provided to the COR upon removal.

5.2.3.12 The COR has the authority to decline the signing of any shipping papers for waste loads which are not in conformance withtransportation or environmental regulations at which time the Contracting Office should be notified.


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5.2.3.13 The contractor shall prepare, complete and return signed copies of all shipping documentation (manifests) as required by thehost nation, international law and contract requirements and shall have an effective system for tracking the movement of battery wasteto its ultimate destination. At the time of removal from the installation, the contractor/COR shall include the contract number, task orderand line item numbers on the shipping documentation (See PWS Paragraph 18.1). A copy of all signed, dated and completed manifestsshall be submitted with the contractors payment documentation submitted in accordance with the contract clause entitledDOCUMENTATION REQUIREMENTS, ACCEPTANCE, INVOICING, AND TRACKING. No invoice shall be paid without this copy. In

addition to the normal distribution of manifest copies, a copy of all signed, dated and completed manifests shall be forwarded to theCOR within 30 calendar days of receipt of waste at the disposal or recycling facility. The COR shall distribute the copy to theappropriate generator(s).

5.2.4 Contractor shall not bring any pets (animals) of any kind onto U.S. military installations.

6 WASTE CONTAINERS

6.1 Contractor shall provide containers for the collection and/or transportation of waste on an as needed basis and they must be UNapproved, clean, free of residue and graffiti, and only labeled with markings that identify the current waste. This requirement applies tobatteries exported from Afghanistan or containers used for land disposal purposes. The containers must have a currentinspection/certification and be capable of being operated as intended (i.e. lids must close tightly and prevent the intrusion of rainwater,safety hooks to hold lids open must be in place and operational, containers must be able to be locked, etc.). The containers must beweighed each time before they are placed into service. Containers must be weighed at the placement site using the contractors scalesor government scales. The container must be labeled with the date weighed as well as the actual weight. Containers of a 1.1.cm size or

smaller must be weighed at the location they will be placed.

6.1.1 All contractor-provided containers must be labeled by the contractor. The labels must be resistant to fading from moisture andsunlight and must be replaced when a minimum of five per cent (5%) of the label area becomes defaced or faded. All containers ofbattery waste must be labeled in English and Host Nation language, with the following words hazardous waste, any hazard warnings;the internationally recognized name of the substance; the European Waste Code (which will be provided by the Environmental Office),the ADR UN number and hazard class number; the name, address and telephone number of the DRMS contractor; the generatoridentification (ID) number; the Environmental Office point of contact; the name, address and telephone number of the generator, the fireand emergency services telephone numbers for the installation, all R & S phrases that are applicable to each waste stream and theCLIN number. There shall be no other labels, signs or symbols incorporated onto the battery waste label.

6.1.2 If one does exist, the host nations hazard symbol shall be a separate label apart from the battery waste label. This label shall bethe appropriate color and it shall be placed on the container immediately adjacent to the battery waste label. The hazard symbol labelshall meet the following size requirements:

Container Volume (liters) Required Label Size (mm)

< 3 52 x 74

350 74 x 105

51-500 105 x 148

> 500 148 x 210

Prior to use as a transporting container, the appropriate hazard class label shall also be affixed to the container IAW ADR. Thecontractor shall remove all U.S. markings and labels prior to any re-use of the containers.

6.1.3 Types and sizes of original Government containers may vary greatly but are normally commercial packaging sizes, ranging fromfifty five (55) gallon/(320 liter) drums to eighty-five (85) gallon/(320 liter) overpack drums. The U.S. Government does not guarantee the

integrity of the containers; therefore, the contractor shall be required to repackage any property not suitable for transportation at noadditional cost to the Government. Generally, the U.S. Government will stock additional supplies (supplies (i.e. bands, bungs, lids,etc.) should repackaging be required for safe transport of the battery waste.

6.1.3.1 If repackaging is required, and the Government does not have the proper containers or parts for compliant repacking, thecontractor will be required to provide these services and parts/containers at no additional expense to the Government, not to exceed5% of the total quantity of containers to be removed.

6.1.3.2 Contractor has the option to provide repackaging containers through any number of methods, provided that these containersare on-site and ready for use at the location at the time of removal.


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6.1.3.3 Contractor has the option of removing the excess containers brought for repackaging with the disposal shipment, or leave themat the site, provided storage of the containers can be agreed upon between the contractor, the COR, and the base environmentalpersonnel (i.e. the unused portion of the containers brought for this purpose). These can be marked as contractor property for the nextremoval, or included in an order to purchase containers.

6.1.3.4 The 5% limitation on repackaging containers does not pertain to any containers that the contractor elects to repackage solely

for convenience or as required to gain acceptance to a disposal facility, nor to containers ordered for purchase under a Task Order.

6.1.4 As needed, waste producers may purchase containers. The contractor shall provide UN Specification containers/overpacks forcontainers/overpacks purchased under CLINs A6780 through A6899. Containers must be delivered to the U.S. Government with 90%of the life span of the containers available for use (i.e. a 120 l drum should have at least 4.5 years of use left before the UN certificationexpires.)

6.1.5 Government Owned Containers shall not be reused by the contractor until all markings indicating U.S. Government ownershiphave been removed.

C-7 WASTE IDENTIFICATION, WEIGHING OF WASTE

7.1 Waste Identification - The contractor or sub-contractors shall be required to provide guidance and assistance to the generatorand/or COR to classify all batteries according to their chemistry for the identification of waste in accordance with EU laws. The finaldecision on waste classification resides with the generator; however the contractor can challenge a waste description through the COR.

The contractor shall provide proof (lab analysis, SDS, etc.) when challenging a DoD waste identification.

7.2 Weighing of wastes

7.2.1 Verification of task order weights is required. The contractor shall weigh the wastes in the presence of the COR prior todeparture from the installation. Each drum/container shall be weighed by the waste stream (CLIN). Example one one pallet of eightboxes, all eight boxes on the pallet are the same CLIN then the pallet can be weighed as one unit. Second example alldrums/containers are the same CLIN and placed in a 40-foot shipping container then the shipping container can be weighed as oneunit. Example three four drums on a pallet and all four drums are different CLINs then each individual drum has to be weighedseparately. The contractor shall use contractor-provided portable scales. The annual calibration certificate must be available for CORinspection when portable scales are used. Should contractor scales not be available and the container to be weighed is too large for aportable scale, then public scales can be used at no additional cost to the U.S. Government. In this case, the contractor shall provideweight tickets to the COR within 2 work days of removal.

7.2.2 The weight of waste shall not include weight of pallets, boxes, strapping, etc., unless this is an integral part of the packaging, will

not be removed by the contractor prior to disposal, and is required by regulation, such as ADR, IMDG, or the disposal country nationallaw. Containers and pallets that are to be destroyed or disposed along with the wastes/materials that they contain shall be included inthe net weight. Containers and pallets that are being used at the convenience of the contractor, but are not disposed of with thewaste, shall not be included in the net weight.

7.2.3 Waste repackaging and loading are to be conducted in a safe and environmentally sound manner. Any garbage or trashresulting from consolidation of waste must be disposed of by the contractor off the installation and at no additional cost to the U.S.Government.

7.2.4 Under no circumstance will the contractor remove any waste from an installation without the issuance of a DD Form 1155 (taskorder) and in addition, a COR must be present to witness and document the removal.

8 TREATMENT AND DISPOSAL RESTRICTIONS

8.1 Commingling or consolidation of battery waste: Any commingling or consolidation of U.S. Government waste with non-U.S.Government waste by the contractor or third parties shall result in the indemnification of the U.S. Government concerning any and allclaims that result from such commingling or consolidation. Compensation to the contractor shall be limited to the CLINs ordered andremoved on the DD1155 prior to the commingling or consolidation.

8.2 The contractor shall properly treat battery wastes and materials in a manner that effectively mitigates hazards to humanhealth and the environment.

8.3 The contractor shall NOT treat waste on a military installation unless prior written approval has been given by the CO. Treatmentincludes, but is not limited to the dilution, encapsulation or thermal treatment of waste to make it less harmless; chemically oxidizing orchanging the pH and mechanically crushing/compacting waste, including metal or plastic containers. Bulking of waste (i.e. combiningthe same waste stream from several small containers into a larger container) is not considered treatment.


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8.4 Land Disposal Requirements: Hazardous wastes will only be land disposed when there is a reasonable degree of certainty thatthere will be no migration of hazardous constituents from the disposal site for as long as the wastes remain characteristicallyhazardous. Hazardous waste may be land disposed only in facilities having the appropriate licenses from the authorities in thecountry in which they are located.

8.4.1 Hazardous waste may be land disposed only when it is chemically inactive, or inert and in solid form with no free liquids.

8.4.2 Hazardous waste will only be land filled in host country-approved facilities meeting the criteria stated in their permit.

8.5 Treatment Technologies:

8.5.1 The Contractor shall determine best available technology for the treatment of batteries disposed under this contract. Theselected technology can include those processes listed in 8.5.1.1 through 8.5.1.6 below that are licensed and located within the hostnation or another consenting country. The Contractor can also submit a technical proposal to the CO for consideration if an alternatetechnology to those listed in (a) through (f) is selected. The following general technology descriptions have been determined by theGovernment to be viable disposal options that the Contractor shall consider:

8.5.1.1 Incineration at facilities licensed by the country in which they are located to accept the type of battery being offered for disposal

8.5.1.2 Cryogenic pre-treatment and mechanical classification and separation, followed by auto-thermal atmospheric pyrolysis or auto-

thermal vacuum pyrolysis.

8.5.1.3 Mechanical classification and separation including cryogenic pre-treatment followed by a form of hydrometallurgical aqueouschemistry, which results in the extraction of concentrates or other metals enriched materials.

8.5.1.4 Macroencapsulation of waste using surface coating materials such as polymeric organics (e.g., resins and plastics) or use of ajacket of inert inorganic materials to substantially reduce surface exposure to potential leaching. Encapsulating material mustcompletely encapsulate battery and be resistant to degradation by the battery and its contaminants and materials into which it maycome into contact after placement into a land disposal cell.

8.5.1.5 Electrolyte Neutralization with Metallurgical Conversion. High speed mechanical puncture system followed by immersion in anelementary neutralization unit (ENU). ENU converts hazardous electrolytes into near neutral pH residual material suitable for landdisposal. If land disposal is not feasible residual material can be introduced into a molten conversion bath producing enriched metalsmaterial.

8.5.1.6 Thermal deactivation and reduction of waste in remote controlled concrete burn units that thermally oxidize reactive metals andother underlying hazardous characteristics making the residual material suitable for land disposal.

8.5.2 Reactive wastes shall be treated using a method that changes the chemical or physical composition of a material such that itno longer exhibits the characteristic for reactivity.

8.5.3 Treatment of battery wastes that no longer exhibit any hazardous characteristic may be disposed of as solid waste. Treatmentresidues of wastes that are categorized as hazardous waste on the basis of EWC will continue to be managed as hazardous waste,including for disposal.

9 STORAGE RESTRICTIONS

9.1 The contractor shall properly store battery wastes and materials in a manner that effectively mitigates hazards to human health andthe environment. Batteries shall be segregated by chemistry in non-leaking containers, in good condition and labeled. Storage areasshall be properly labeled and have a containment system to prevent spills or leaks from reaching the environment.

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

10 RECYCLING RESTRICTIONS

10.1 To the extent possible, battery waste disposal should be minimized through recycling, recovery of metals enriched materials orconcentrates. The U.S. Government may withdraw any items on task order for use, or reuse. When possible, contractor shall properlyrecycle battery wastes and residual materials in a manner that effectively mitigates hazards to human health and the environment.Recycling, reuse, and reclamation are preferred over treatment and disposal and shall be performed whenever environmentally soundand economically feasible.


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10.1.1 If a waste designated for recycling does not meet required parameters of the TSDRF, the contractor must notify the CO, inwriting, of the rationale for waste rejection. If the Government concurs, the applicable disposal CLIN for the waste shall be assigned.

11 TRANSPORTATION

11.1 The contractor shall transport batteries in accordance with host nation and international regulations governing identification,

packaging, labeling, and placarding of dangerous goods containers and vehicles for transportation. All batteries/dangerous goods shalbe transported in UN specification containers where required. The contractor is responsible for ensuring that all batteries leaving a U.S.facility is accompanied by a manifest to ensure a complete audit trail from point of origin to ultimate disposal. The contractor shallpurchase and prepare all manifests for waste movement. The standards set forth in the ADR, International Maritime of DangerousGoods (IMDG) Code, and Rail (RID) and other applicable regulations shall be utilized for all shipments.

11.2 The contractors drivers must have the appropriate emergency action instructions and any other documentation as required byADR, IMDG, Host Nation, and international transportation regulations. All vehicles shall be equipped with the appropriate emergencyresponse equipment and spill cleanup materials to include adequate amounts of absorbent, a broom, shovel and a container forcollecting spill residue. Additionally the drivers shall have the proper training and instructions for transporting the chemicals andreporting spills.

11.3 The contractor shall comply with all laws and regulations associated with the transport of batteries, waste residuals, metalsenriched materials, concentrates, or containers outside the country of origin and in all transit countries. This includes, but is not limitedto, any provisions governing the prior notification of competent authorities, transportation, temporary storage, identification, customs

clearances, packaging, labeling, and disposal of battery waste and/or dangerous goods. To the extent that the 1989 Basel Conventionon the Control of Transboundary Movements of Hazardous Waste and their Disposal or European Union notifications are applicable tomovements of battery/special waste under this contract, the contractor or his subcontractors shall act as the "exporter" and "importer" ofwaste.

12 TRANSPORTATION CHARGE CLINs N6060 and N6065

12.1 The inclusive transportation cost CLIN will be chargeable on a (one) EACH basis for all routes, whether by road, rail or ship,subject to the following conditions:

12.1.1 Unless the exception at 12.1.2 applies, transportation will be ordered and chargeable via 40-foot container volume size (N6060)regardless of the size of container ultimately utilized. For example, shipment of one 40-foot container and two 20-foot containers will bereimbursed at the rate for two EACH 40-foot volume transportation CLINS (N6060).

12.1.2 The CLIN for utilization of 20-foot containers (N6065) will only be ordered in situations where two 20-foot containers cannot be

paired to make the equivalent volume of a 40-foot container. Thus, if a shipment is comprised of seven 20-foot containers, then thechargeable transportation fee will consist of three EACH 40-foot container volume CLINs (N6060) and one EACH 20-foot containervolume CLIN.

12.2 All transportation costs, including those related to performing export/customs clearances and approvals, as well as return ofcontainers to the U.S. Government, must be included in each Transportation CLIN unit price. Offerors are reminded to keep in mind theconditions outlined in PWS Paragraphs 1.3.1 and 1.3.2 when calculating a transportation price.

12.3 Once an award is made on this solicitation, the charge (with Unit of Issue EACH) is fixed and covers all modes of transportationthroughout the length of the contract, regardless of the route used. No additional costs will be paid in association with a failure to usethe primary disposal method and routes unless such costs are warranted under FAR 52.212-04(c), Changes.

12.4 All transportation charges are covered under Transportation CLINs, specifically for this purpose; as a result, unit pricing for batterywaste disposal CLINs or Basel Notifications should not include any charges related to transportation. All other costs for performingshould be included in the cost of the disposal or special services CLINs.

13 SAFETY REQUIREMENTS

13.1 The contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, thecontractor, to include personnel and equipment, shall comply with all applicable local, host nation, DoD safety regulations, EU,international safety and health regulations and procedures, as well as installation regulations, rules and procedures.

13.2 The contractor shall ensure that all personnel involved in hazardous substances management are trained for the level of expertiserequired for proper work performance and for chemical compatibility, general first aid procedure, and spill response.

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needed to ensure safe work conditions for duties associated with hazardous substances.

13.4 The contractor agrees that his personnel and equipment shall be subject to inspection while on U.S. Government-controlledproperty.

13.5 The contractor shall conform to the safety and health requirements contained in this contract for all activities related to the

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

13.6 The contractor shall take such additional immediate precautions as the CO or designated representative may reasonablyrequire for safety and mishap prevention purposes. The CO/COR/COTR has the right to halt all work if it is not being conducted in asafe manner.

NOTE: Shorts, T-shirts, open toed shoes are not considered appropriate clothing and equipment for handling, identifying,sampling and packaging battery wastes and/or battery waste containers.

14 SPILL AND CONTINGENCY RESPONSIBILITIES

14.1 The character of the mission and the operations covered by this contract requires the contractor to have the ability to beresponsive to unforeseen immediate and urgent circumstances should they arise, including injury, illness of key contractor personnel,on site contractor personnel refusal of access to military facilities, and spill response.

14.2 The contractor is solely responsible for any and all spills or leaks occurring during or resulting from the performance of thiscontract, which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The contractoragrees to clean up such spills or leaks to the satisfaction of the U.S. Government as represented by the COR and in compliance with alapplicable laws and regulations of the country in which the spill occurs. The clean up and disposal of all spill residues and debris shallbe at no additional cost to the U.S. Government.

14.3 The contractor shall arrive at the pickup site with all required spill prevention and containment equipment and supplies, includingsalvage (overpack) drums, absorbent material, non-sparking tools, spark-free shovel, and the appropriate personal protectiveequipment, including but not limited to respirators, gloves, and boots.

14.4 Contractor shall report to the COR and CO all spills within the hour of discovery, regardless of quantity. Spills shall first bereported by telephone/other communication device to the COR immediately following the incident and shall be followed with a writtenreport to the CO no later than five (5) calendar days after the telephonic report.

14.5 When reporting a spill the following information shall be furnished by the contractor to the COR:

14.5.1 Description of item spilled (including identity, quantity, manifest number).

14.5.2 Whether amount spilled is reportable by law of country where the spill occurs and whether it was reported.

14.5.3 Exact time and location of spill including a description of the area involved.

14.5.4 Containment procedures initiated.

14.5.5 Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

14.5.6 Provide the name, address, and phone number of persons involved in the incident.

14.5.7 Summary of any communications contractor has with the press or officials where the spill occursand U.S. Government officials other than the CO (once approval to release information has been granted by the CO) (See Public AffairsCoordination paragraph 19 below).

14.6 Upon completion of the spill cleanup and disposal of the spill residue:

14.6.1 The contractor shall submit a summary report of the spill to the COR and CO.

14.6.2 The report shall include cleanup and disposal procedures taken, outside assistance required (if any), personal injury involved,and the names and telephone numbers of all national, regional, or local officials contacted.

15 PRE-REMOVAL SCHEDULING REQUIREMENTS AND PROCEDURES


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15.1 Except as otherwise specified herein, the contractor shall notify the Contracting Officers Representative (COR) or otherGovernment representative for each location, at least five (5) calendar days BEFORE attempting site visits, analysis or pickups.

15.2 The contractor shall provide the COR with all information required to obtain a badge, vehicle passes, identification card, etc.needed for contractor personnel to perform work on this contract within 15 days of contract award. The U.S. Government requires

updated information as required when additional contract personnel are used. Upon award of this contract the contractor is required tocontact the CO for these requirements.

15.3 In addition to the notification above for pickups, the Contractor shall provide:

15.3.1 The name of the driver; the drivers Commercial Drivers License/International Drivers License number and its expiration date tothe COR or other Government representative at least 2 calendar days prior to removal.

15.3.2 The contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract tothe COR or other Government representative prior to any attempted removals. If this option is elected and the list is approved by theBase Access Officials and maintained by the contractor, the 2 calendar day notification requirement is reduced to identify the number ofdrivers, the truck information, and arrival times.

15.4 If a driver, other than the one specified 2 calendar days in advance for the specific task order; or, one whose name does notappear on the optional list of approved multiple drivers arrives for pickup, the COR or other designated Government representative will

verify the personnel switch with the prime contractor before the pickup commences. Voice communication should be initiated by thecontractor to notify the COR of this situation. This may require a written notice or fax from the prime contractor. It may not be possibleto make last minute changes and the driver(s) may not be given base access. The Government is not liable for any damages incurredby the contractor as a result of untimely or incomplete notifications.

15.5 The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation ofnegative past performance if the contractor fails to meet the above applicable notification timeframes and/or a different driver, otherthan the one previously identified under this notification requirement or whose name does not appear on the list of approved, multipledrivers arrive at the pickup locations(s).

15.6 The contractor will be responsible for locking of all vehicles after loading of waste on this contract. The driver shall use his ownpadlock or other securing method. However, inspection at all base inspection points shall require the removal of the lock, as required.

NOTE: U.S. military base regulations will override all contract language for entry and exit to the base, including inspection oftrucks and drivers.

16 QUALITY ASSURANCE

Performance Evaluation Meetings. The contracting officer or his authorized representative may require the contract manager to meetwith him or her and other government personnel as deemed necessary. The contractor may request a meeting with the contractingofficer or his authorized representative when he or she believes such a meeting is necessary. These meetings shall not result in anyadditional cost to the U.S. Government.

17 RESERVED

18 REQUIRED REPORTS

18.1 SHIPPING PAPERS For transporting waste under this contract, the contractor shall prepare any/all appropriate shippingdocumentation (manifest). At the time property is removed from the installation, a copy of the completed manifest shall be provided tothe COR as per PWS Paragraph 5.2.3.13. Additionally, any international transportation and host nation manifesting requirementsestablished by the IMDG; ADR, RID or the 1989 Basel Convention on the Transboundary Movement of Hazardous Waste and theirDisposal must also be completed and provided to the COR upon removal of the wastes from the installation. Copies of all of the abovesigned, dated and completed applicable documents shall be provided to the COR and shall also be provided with the invoice (seecontract clause entitled DOCUMENTATION REQUIREMENTS, ACCEPTANCE, INVOICING, AND TRACKING and PWS Paragraph18.3 for transboundary shipping document requirements). The COR has the authority to decline the signing of any manifests for wasteloads which are not in conformance with transportation or environmental regulations.

18.1.1 If batteries are exported from Afghanistan, the contractor shall provide the Environmental Office, COR and the ContractingOfficer a report that summarizes battery waste/material movements from the point of generation to the final TSDRF for each TaskOrder. This report shall be in a Microsoft Excel Format (Microsoft Office Excel 2003) with all fields capable of being sorted and queried


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applicable international agreements.

21 RESERVED

22 WASTE SEGREGATION AND PACKAGING/REPACKAGING/INVENTORY

22.1 The contractor shall segregate, sort, identify, package, re-containerize, identify shipping name, and label waste containers forassorted battery property that has accumulated in an area other than a HWAP. The contractor shall provide an itemized inventory ofthese wastes including:

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

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

22.1.3 The services shall be ordered according to the estimated weight of the items to be segregated and packaged and shall bepriced per kilogram. The CLIN (N6900) unit price shall include the cost of containers required but it shall not include the cost ofdisposal.

23 RESERVED

24 MISIDENTIFIED ITEMS

In case the U.S. Government misidentifies a waste description on a task order, the contractor has the responsibility to inform the CORas soon as the contractor becomes aware of the misidentification. The contractor shall notify the COR either prior to removal or within3 work days of the removal and prior to disposal. The contractor shall demonstrate through lab analysis and/other supportingdocumentation that the Government has misidentified a waste. The waste shall not be treated or disposed of until the Government hasmade a determination on the matter. If the supporting documentation establishes that the Government misidentified a waste, theContractor will be reimbursed for any analytical costs. Once a determination has been made, the contractor shall be paid the disposalprice in accordance with the contract price of the actual waste removed.

25 TRAILER SECURITY, PADLOCKS

25.1 All Contractor trailers or sea land containers must be padlocked upon arrival at the pickup location. Failure to meet thisrequirement may result in the Governments halting of the pickup. All trailers must also be padlocked again prior to departure of thepickup location(s). The driver shall provide the padlock and lock the trailer without assistance from the COR or other Governmentrepresentative(s).

25.2 The COR or other Government representative has the right to request any identification and/or occupational endorsements fromthe driver beyond what is identified in PWS Paragraph 15, PRE-REMOVAL SCHEDULING REQUIREMENTS AND PROCEDURES,and refuse commencement and/or completion of pickups if any unusual or suspicious actions occur. Any potential demurrageassociated with the driver verification process and/or the unexpected halt or commencement of pickups shall not be grounds forreimbursement by the Government.

25.3 The Government reserves the right to take appropriate action, such as the pursuit of monetary consideration and/or annotation ofnegative past performance if the Contractor has a trailer that arrives and/or departs from the pickup location(s) without meeting thepadlock requirements mentioned above and/or refuses to cooperate with any requests for additional identification and/or professionalendorsements.

26 PERFORMANCE ON U.S. GOVERNMENT PREMISES

Disposal of any waste is not permitted on U.S. Government facilities. Repacking of wastes and loading operations are subject toapproval of the COR or the Contracting Officer regarding safe and environmentally acceptable practices. The contractor shall disposeof any garbage or trash resulting from consolidation efforts in a proper manner, off the installation(s).

27 CLOTHING

The individual contractor or contingency contractor personnel are responsible for providing their own personal clothing, including casualand work clothing. Generally, commanders shall not issue military clothing to contingency contractor personnel or allow the wearing ofmilitary or military look-alike uniforms. However, geographic Combatant Commanders may authorize certain contingency contractorpersonnel to wear standard uniform items for operational reasons. This authorization shall be in writing and carried by authorizedcontingency contractor personnel. When commanders issue any type of standard uniform item to contingency contractor personnel,care must be taken to ensure, consistent with force protection measures, the contingency contractor personnel are distinguishable from


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military personnel through the use of distinctive patches, arm bands, nametags or headgear.

28 RESERVED

29 DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

29.1 DLA Disposition Services implemented an EMS in accordance with ISO 14001:2004(E), DOD, and DLA requirements at all DLADisposition Service 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 maintainingthe environmental policy of an organization. The DLA Disposition Services is designed to ensure that all personnel, including contractpersonnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports theEMS 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 DRMS-I 6050-2, Environmental Management System (EMS) CoreInstruction. Copies of the DRMS-I 6050.2 may be requested by sending an e-mail [email protected]. Site supplements detailinformation required by EMS at a local level such as local, state, and host environmental regulations as well as local emergencyprocedures and operating systems unique to the location. Site supplements also contain information concerning the local interactionbetween the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program.

29.2 Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS andto be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facilitymaintains 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.

29.3 The current list of DLA Disposition Services appropriate facilities can be viewed at:http://www.drms.dla.mil/special/misc/contractingEMS.pdf.

30 APPLICABLE DOCUMENTS/REPORTS

Required documents/reports are listed below, but are not limited to:

Title Delivery PWS/Contract Reference

Waste Report By 10thday of the month following

pickup18.1.1

Basel Notification Applications (copies) Upon submission 18.3, 20.2

Basel Notification Status Updates Every two weeks after release oftask order

18.3

Basel Notification Approvals (copies) Upon receipt from competentauthorities

18.3, 20.2

Outgoing Shipping Manifests, to includeany international/host nation manifestrequirements (copies)

Upon removal of waste frominstallation; also with submissionof invoice after wasteremoval/disposal

5.2.3.7, .10, & .11; C-18.1;DOCUMENTATIONREQUIREMENTS, ACCEPTANCE,INVOICING, AND TRACKING

Completed Disposal Manifest (copies)and Certificates of Disposal (copies if

applicable)

Within 15 days afterdisposal/demilitarization to

CO/COR; also with submission ofinvoice after wasteremoval/disposal

5.2.3.12; 5.2.3.13;DOCUMENTATION

REQUIREMENTS, ACCEPTANCE,INVOICING, AND TRACKING

Basel Transportation MovementDocuments, per Article 6, Paragraph 9of Basel Convention (copies ifapplicable) OR Completed ShippingManifests (copies)

Within 30 days after acceptanceof waste from TSDRF to COR;also with submission of invoiceafter waste removal/disposal

5.2.3.8; 18.3; DOCUMENTATIONREQUIREMENTS, ACCEPTANCE,INVOICING, AND TRACKING

Form 1683E - Manifest Tracking Log Submitted with invoice after wasteremoval/disposal

18.4; DOCUMENTATIONREQUIREMENTS, ACCEPTANCE,INVOICING, AND TRACKING


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Form DD1155 - Order for Supplies orServices (copies)

Upon removal of waste frominstallation; also with submissionof invoice

18.2.1; DOCUMENTATIONREQUIREMENTS, ACCEPTANCE,INVOICING, AND TRACKING

Main/Alternate Points of Contact Within 7 days after contract awardto Contracting Officer

4.1

Notification of Installation Visit At least 5 working days before site

visit/pickup to COR

4.5; 15.1

TSDRF Facilities/Transporters Approval Prior to utilization 5.2.1; USE OF FACILITIES ANDTRANSPORTERS

Contractor Inspection System File Upon CO request PLACES OF GOVERNMENTINSPECTION

Submission of Invoice Within 270 days after issuance oftask order

PERIOD OF PERFORMANCE INCLUDING DISPOSAL ANDREMOVAL

Manpower Report By October 31 of each year 32.1 and .2

31 ACCEPTABLE PERFORMANCE LEVELS (APLs)

31.1 Acceptable Performance Levels (APLs) are the minimum performance levels of specific requirements which the contractor mustachieve or risk having the Government consider performance unsatisfactory, resulting in monetary consideration from the contractor(See Attachment 4). Specification of an acceptable performance level below 100% does not allow the contractor to knowingly providedefective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. As long as theperformance percentage does not fall below the specified acceptable performance level, the Government will not deduct for poorperformance. However, the contractor shall be required to re-perform or correct the defective service or product at no additional cost tothe Government.

31.2 The surveillance method shall be from Contracting Officer Representative (COR) checklists, Collection Summary Report(s) (CSR)furnished by the COR, on-site inspections, customer feedback, and/or tracking of final disposal/recycling submittals. All negative andpositive actions/performance shall be the basis for monetary deductions and/or past performance annotations.

31.3 Performance incentives for the contractor shall include, but are not necessarily limited to, favorable impact on option exercisedecisions, future awards of the same requirement, and future awards of similar requirements by DLA Disposition Services as well asother Government and non-Government entities that may review performance of this contract.

32 CONTRACTOR MANPOWER REPORTING FOR PERFORMANCE OF SERVICES

32.1 The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of servicesprovided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completelyfill in all required fields using the following web address: http://www.ecrnra.mil/.

32.2 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), whichruns October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later thanOctober 31 of each calendar year, beginning with 2015. Contractors may direct questions to the help desk at help desk at:http://www.ecmra.mil.

33 PRIME CONTRACTOR CONTINGENCY RESPONSE CAPABILITY (DOWN-RANGE)

The character of the mission in the theater of operations covered by this contract requires the contractor to have the ability to beresponsive to unforeseen immediate and urgent circumstances should they arise. (i.e., including but not limited to: spill response whilethe waste is in-transit, accident, injury or illness of key contractor personnel, on site contractor personnel refusal of access to military

facilities (to include Base Support Contractor facilities if these contain Military waste covered under the contract) or negligence on thepart of contractor personnel) These situations will require the ability of the prime contractor to respond with experienced and qualifiedpersonnel, and/or equipment to the work site(s) (i.e., base X or base Z, etc.)

Part 12 Clauses


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52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of thiscontract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. TheGovernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increasein contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an

equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government mustexercise its post-acceptance rights(1) Within a reasonable time after the defect was discovered or should have been discovered; and(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contractto a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment ofClaims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchasecard), the Contractor may not assign its rights to receive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties tothis contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to thiscontract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein byreference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising undethe contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond thereasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of theGovernment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severeweather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonablypossible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy suchoccurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of suchoccurrence.(g) Invoice.(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in thecontract to receive invoices. An invoice must include(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of

lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shallhave submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration, or 52.232-34, Payment by Electronic Funds TransferOther Than Central Contractor Registration), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903)and Office of Management and Budget(OMB) prompt payment regulations at 5 CFR Part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includingcosts, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent,trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims andproceedings.(i) Payment.(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinationsset forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903)and promptpayment regulations at 5 CFR Part 1315.(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.


SP4520-14-R-0008
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(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For thepurpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the paymencheck or the specified payment date if an electronic funds transfer payment is made.(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government hasotherwise overpaid on a contract financing or invoice payment, the Contractor shall(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including

the(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the datedue until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary ofthe Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period inwhich the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixedby the Secretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demandfor payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify thesame due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as acredit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2of the Federal

Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contractshall remain with the Contractor until, and shall pass to the Government upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Governments convenience. The Government reserves the right to terminate this contract, or any part hereof, forits sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediatelycause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid apercentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonablecharges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resultedfrom the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles forthis purpose. This paragraph does not give the Government any right to audit the Contractors records. The Contractor shall not be paidfor any work performed or costs incurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by theContractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request,with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to theContractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and allrights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, suchtermination shall be deemed a termination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government uponacceptance, regardless of when or where the Government takes physical possession.(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the partic