ANNISTON ARMY DEPOT BLAST MEDIA TX71B3

WATSON.MICHELLE.L.1260903850 Digitally signed by WATSON.MICHELLE.L.1260903850 Date: 2020.06.30 13:46:54 -04'00' CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 2 OF 123 PAGES SP4500-20-D-0021 NOTES: 1. The contract’s 30-month base period shall be from 15JUL2020 to 14JAN2023 (est. $6,080,660.25), and if exercised, the 30-month option period shall be from 15JAN2023 to 14JUL2025 (est. $6,010,900.25). 2. The standard removal timeframe for this contract is 14 calendar days from order issuance. 3. The contractor’s emergency POC is Dennis Dabbs, (423) 499-8707 Ext 2, or (423) 645-2836. ATTACHMENTS: 1. Performance Work Statement (PWS) 2. Price Schedule 3. Pickup Points 4. Contractor Work Surveillance Checklist (ICS) 5. Contractor Work Surveillance Checklist (ROB) THIS AWARD CONSISTS OF THE FOLLOWING OTHER DOCUMENTS: Certificate of Recycling (APR 2004)

href="http://www.dla.mil/Portals/104/Documents/DispositionServices/hazardous/Certificate_of_Recycling.doc" target="_blank">www.dla.mil/Portals/104/Documents/DispositionServices/hazardous/Certificate_of_Recycling.doc Department of Labor Wage Determination (1996-0223) Revision 48, dated 2/26/2020 https://beta.sam.gov/wage-determination/1996-0223/48/document Report of Compressed Gas Cylinders (INERT/NON-INERT) (FEB 05) www.dla.mil/Portals/104/Documents/DispositionServices/hazardous/Compressed_Gas_Cylinders.doc Evaluation Data for Rejected Cylinders (MAR 06) www.dla.mil/Portals/104/Documents/DispositionServices/hazardous/RejectedCylinders.pdf CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUN 2020) FAR (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate]. X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U. S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) Reserved. (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) Reserved. (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a). (ii) Alternate I (MAR 2020) of 52.219-3. X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (MAR 2020) of 52.219-4. (13) Reserved (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020 (15 U.S.C. 644). (ii) Alternate I (MAR 2020). (iii) Alternate II (Nov 2011). (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). (ii) Alternate I (MAR 2020) of 52.219-9. (iii) Alternate II (MAR 2020 of 52.219-9. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) (iv) Alternate III (JUN 2020) of 52.219-9. (v) Alternate IV (JUN 2020) of 52.219-9. (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657 f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. 43,500 (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)). 43501 (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644®). 43526 (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). 43527 X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26 X (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ii) Alternate I (Jul 2014) of 52.222-35 X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (ii) Alternate I (Jul 2014) of 52.222-36 X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (35)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Oct 2015) of 52.223-13. (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) (48) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83). (49)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (57) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332). (58) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). X (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate] X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U. S.C. chapter 67). (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67). (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xiii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.203-3 GRATUITIES (APR 1984) FAR CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR 52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) DLAD 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (JUN 2020) FAR 52.242-15 STOP-WORK ORDER (AUG 1989) FAR 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JUN 2013) DFARS 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS—PROHIBITION ON FEES AND CONSIDERATION (MAY 2020) DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS 52.216-19 ORDER LIMITATIONS (OCT 1995) FAR As prescribed in 16.506(b), insert a clause substantially the same as follows: (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $200,000.00 [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of $500,000.00 [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum- order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR As prescribed in 16.506(e), insert the following clause: (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.” CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the 360th day after contract ends. [insert date]. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days prior to contract expiration. [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) FAR a) The Government may extend the term of this contract by written notice to the Contractor within 01 day [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months (months) (years). (End of clause) 252.211-7003 ITEM IDENTIFICATION AND VALUATION (MAR 2016) DFARS (a) Definitions. As used in this clause -- “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. “Concatenated unique item identifier” means -- (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. “Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. “Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. “DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. “Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. “Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. “Government's unit acquisition cost” means -- (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. “Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459. “Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier. “Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. “Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. “Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. “Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. “Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. “Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. “Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. “Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. “Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. “Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. “Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: Contract Line, Subline, or Exhibit Line Item Number Item Description (ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: Contract Line, Subline, or Exhibit Line Item Number Item Description (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number . (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number . (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that -- (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier. (i) The Contractor shall -- (A) Determine whether to -- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. (ii) The issuing agency code -- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government's unit acquisition cost. (11) Unit of measure. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) (12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. (e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http:// dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods -- (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/ uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract (s), including subcontracts for commercial items. (End of clause) 252.216-7006 ORDERING (SEP 2019) DFARS (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from contract award/effective date through contract expiration. [insert dates]. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of clause) 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS As prescribed in 243.205-71, use the following clause: (a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations. (b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor: I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief. (Official's Name) (Title) (c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including (1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and (2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required. (d) The certification requirement in paragraph (b) of this clause does not apply to (1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or (2) Final adjustments under an incentive provision of the contract. (End of clause) 252.247-7023 TRANSPORATION OF SUPPLIES BY SEA -- BASIC (FEB 2019) DFARS (a) Definitions. As used in this clause -- “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. “Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. “Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. “Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. “Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. (ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing. “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- (i) This contract is a construction contract; or (ii) The supplies being transported are -- (A) Noncommercial items; or (B) Commercial items that -- (1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 123 PAGES CONTINUED ON NEXT PAGE SP4500-20-D-0021 Part 12 Clauses (CONTINUED) items that it subcontracts for f.o.b. destination shipment); (2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that -- (1) U.S.-flag vessels are not available for timely shipment; (2) The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. (d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum -- (1) Type, weight, and cube of cargo; (2) Required shipping date; (3) Special handling and discharge requirements; (4) Loading and discharge points; (5) Name of shipper and consignee; (6) Prime contract number; and (7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. (e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: (1) Prime contract number; (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5) Port of loading; (6) Port of final discharge; (7) Description of commodity; (8) Gross weight in pounds and cubic feet if available; (9) Total ocean freight in U.S. dollars; and (10) Name of steamship company. (f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief -- (1) No ocean transportation was used in the performance of this contract; (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or (4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: * ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY TOTAL (g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 123 PAGES SP4500-20-D-0021 Part 12 Clauses (CONTINUED) Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall -- (1) Notify the Contracting Officer of that fact; and (2) Comply with all the terms and conditions of this clause. (i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (End of clause) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019) DFARS Attachment 1 SP4500‐20‐D‐0021 Page 15 of 123 0.0 PERFORMANCE WORK STATEMENT (PWS) 1.0 REMOVAL PHASES 1.1 PRE-REMOVAL 1.1.1 CLIN SELECTION CRITERIA 1.1.1.1 CLIN DISPUTES 1.1.2 PERMIT/SPECIAL REQUIREMENTS 1.1.2.1 REPORTING REQUIREMENTS 1.1.3 SHIPPING/DISPOSAL DOCUMENTATION 1.1.4 NOTIFICATIONS 1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY 1.1.6 HOURS OF OPERATION 1.1.7 PUBLIC AFFAIRS COORDINATION 1.1.8 DBIDS INSTALLATION ACCESS 1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM 1.1.10 CONTRACTOR PERSONNEL 1.2 REMOVAL 1.2.1 SPILL RESPONSIBILITY 1.2.2 SEGREGATION OF HAZARDOUS WASTE 1.2.3 STATEMENT ON CONTAINERS 1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL 1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITY 1.2.6 LOADING 1.2.7 WEIGHING OF ITEMS 1.2.7.1 TASK ORDER ADJUSTMENTS 1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE 1.2.8.1 BULK WASTE 1.2.8.2 CONTAINERIZED WASTE 1.2.9 BULK LIQUID PUMPING 1.2.10 BULKING & CONSOLIDATION 1.2.10.1 AFFF CONCENTRATES, RINSATES, AND SOLIDS 1.2.11 CHARGES FOR EXPEDITES 1.2.12 OVERPACKING FOR COMPLIANCE 1.2.13 PACKAGING/REPACKAGING FOR COMPLIANCE 1.3 POST REMOVAL 1.3.1 RETURN OF SHIPPING DOCUMENTATION 2.0 DISPOSAL/RECYCLING 2.1 CERTIFICATES OF DISPOSAL, DESTRUCTION, & RECYCLING 2.2 EMPTY CONTAINERS 2.3 DISPOSAL OF PCB-RELATED WASTE 2.4 CONTRACTOR-PROVIDED CONTAINERS 2.5 COMPRESSED GAS CYLINDERS, CARTRIDGES, VESSELS & CANNISTERS 2.5.1 RESERVED Attachment 1 SP4500‐20‐D‐0021 Page 16 of 123 2.5.2 RESERVED 2.5.3 RECONTAINERIZATION/REPLACEMENT OF VALVES 2.6 RECYCLING OR RECOVERY 2.6.1 COMMODITY SPECIFIC RECYCLING/RECOVERY REQUIREMENTS 2.7 DEMILITARIZATION 2.7.1 RESERVED 2.7.2 OTHER MILITARY ITEMS 3.0 MANAGEMENT SERVICES 3.1 RENTAL EQUIPMENT SUMMARY – ROLLOFF BOX (ROB), VACUUM BOX, OR FRAC TANK 3.2 DAILY RENTAL OF A 20-, 25-, 30-, and 40-YD3 LINED ROLLOFF BOX (ROB) WITH COVER 3.3 WEEKLY RENTAL OF A 20-, 25-, 30-, and 40-YD3 LINED ROLLOFF BOX (ROB) WITH COVER 3.4 MONTHLY RENTAL OF A 20-, 25-, 30-, and 40-YD3 LINED ROLLOFF BOX (ROB) WITH COVER 3.5 ANNUAL RENTAL OF A 20-, 25-, 30-, and 40-YD3 LINED ROLLOFF BOX (ROB) WITH COVER 3.6 DAILY RENTAL OF A 20- or 25-YD3 VACUUM BOX 3.7 WEEKLY RENTAL FEE FOR A 20- or 25-YD3 VACUUM BOX 3.8 WEEKLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT 3.9 MONTHLY RENTAL OF A FRAC TANK WITH SECONDARY CONTAINMENT 3.10 INITIAL PLACEMENT OR REMOVAL OF EMPTY RENTED ROLLOFF BOX OR VACUUM BOX 3.11 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 2 3.12 INDUSTRIAL CLEANING SERVICES (ICS), WEEKLY, CREW OF 2 3.13 INDUSTRIAL CLEANING SERVICES (ICS), MONTHLY, CREW OF 2 3.14 INDUSTRIAL CLEANING SERVICES (ICS), DAILY, CREW OF 3 3.15 INDUSTRIAL CLEANING SERVICES (ICS), WEEKLY, CREW OF 3 3.16 INDUSTRIAL CLEANING SERVICES (ICS), MONTHLY, CREW OF 3 3.17 SURCHARGE FOR WEEKEND WORK, DAILY, CREW OF 2 3.18 SURCHARGE FOR WEEKEND WORK, DAILY, CREW OF 3 3.19 ADDITIONAL CHARGE FOR HYDRO/WATER BLASTING WORK, DAILY, CREW OF 3 3.20 ADDITIONAL CHARGE FOR PERMIT-REQUIRED CONFINED SPACE WORK, DAILY, CREW OF 3 3.21 ADDITIONAL CHARGE FOR SUPER VACUUM TRUCK WORK, DAILY, CREW OF 3 3.22 SURCHARGE FOR EXPEDITED COMMENCEMENT OF ICS WORK, CREW OF 2-3 3.23 SPECIALITY EQUIPMENT USED IN CONJUNCTION WITH INDUSTRIAL CLEANING SERVICES Attachment 1 SP4500‐20‐D‐0021 Page 17 of 123 3.24 MOVE EMPTY ROLLOFF BOX (ROB), VACUUM BOX, OR FRAC TANK WITHIN INSTALLATION 3.25 PERFORM ANALYSIS 3.26 PREPARE WASTE PROFILE SHEET 3.27 IDENTIFY UNKNOWN WASTE STREAMS & PREPARE WASTE PROFILE SHEET(S) 3.28 LAB PACKING SERVICES 3.29 BULK NON-RCRA WASTEWATER MANAGEMENT 3.30 CONTAINER RETURN FEE 3.31 PROVIDE 53’ ENCLOSED SEMI TRAILER AND RENTAL 3.32 PROVIDE 25 YD3 VAULT BOX/MACROENCAPSULATION BOX 4.0 ACCEPTABLE PERFORMANCE LEVEL (APL) 4.1 ACCEPTABLE PERFORMANCE LEVEL (APL) TABLE 5.0 THE QUALIFIED FACILITIES AND TRANSPORTERS LISTS 5.1 FACILITIES AND TRANSPORTERS 5.2 FACILITY REMOVAL 5.3 TRANSPORTER REMOVAL 6.0 ADDITIONAL REQUIREMENTS 6.1 INDEMNIFICATION 6.2 PACKAGING, MARKING AND LABELING 6.3 PLACES OF GOVERNMENT INSPECTION 6.4 CONTRACTOR REPRESENTATIVE 6.5 INCIDENTAL FEES 7.0 PERIOD OF PERFORMANCE INCLUDING DISPOSAL AND REMOVAL 7.1 EXPEDITED REMOVAL/PERFORMANCE 8.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVEICES ACCEPTANCE, INVOICING AND TRACKING 8.1 SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT 8.2 ACCEPTENCE AND INVOICING 8.3 CONTRACT MINIMUM/MAXIMUM 8.4 CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES 8.5 PERIOD OF PERFORMANCE Attachment 1 SP4500‐20‐D‐0021 Page 18 of 123 0.0 PERFORMANCE WORK STATEMENT (PWS) a. This contract is referred to as the “Anniston/Huntsville Regional” HW Disposal Contract. Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State- Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, and Polychlorinated Biphenyls (PCBs) located on or around military installations or within a 50 mile radius of any pick up point listed on this contract in the states of Alabama, and Georgia. The Contractor is cautioned that some requirements for information are required before start of work on this contract, i.e., Sections 1.1.2, 1.1.8 and 3.7. b. This contract consists of one (1) 30-month Base Period, followed by one (1) 30-month Option Period. c. Pricing for containerized waste will largely be based upon container sizes and the assigned disposal profile, rather than pricing on a per pound basis. The exception is bulk wastes as defined in Section 1.2.8.1 and containerized waste with the suffix C7. d. This contract is a firm-fixed price indefinite delivery/indefinite quantity (IDIQ) contract written as a performance based contract and allows the Contracting Officer (KO) to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met. e. The Government agrees that all items placed on a Task Order (TO) on this contract will be accompanied by documentation and markings that comply with all applicable local, state, and federal laws and regulations relating to the generation, storage and transportation of waste. f. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with (IAW) all local, state, and federal laws and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable Subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal as identified via the ordered Contract Line Item Number (CLIN). g. The six-character disposal CLIN consists of two parts. The term “Base CLIN” refers to the first four characters of the CLIN. The Base CLIN represents the waste description according to the waste profile for a particular waste stream. The term “CLIN Suffix” refers to the last two characters of the CLIN. The CLIN Suffix designates the unit of measure for purposes of tracking and Contractor payment. Example: Base CLIN “CS01” represents Corrosive Acids, Inorganic other than HF and HNO3, 50% in Water, and the CLIN Suffix “C4” designates the unit of issue as a 55-Gallon Container. Accordingly, one (1) 55-gallon drum of this waste would be represented by ordering one (1) Each of CLIN CS01C4. General information of Profile Based CLINs may be found at: http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx for more details. h. Some CLINs ordered under this contract require the Contractor to provide Certificates of Destruction or Disposal (CD), e.g., certain Demilitarization items and PCB-related wastes. The Contractor is cautioned to Attachment 1 SP4500‐20‐D‐0021 Page 19 of 123 closely read all CLIN descriptions where such requirements are indicated. Unless explicitly required and written into this contract, only those CLINs requiring CDs, as described in the Price Schedule, will require that the Contractor provide a CD, See section 2.1. i. Publications and attachments applicable to this contract will be made available upon request. It should be noted that during the solicitation and life of this contract, the Government may make changes, additions, and/or deletions to those listed. j. The Contractor is specifically cautioned that all tank cleaning CLIN quoted prices will include provision for necessary personnel, Material Handling Equipment (MHE), Personal Protective Equipment (PPE), confined space entry if applicable, and all equipment used to perform these services. The Contractor should bid accordingly. k. Generators are responsible for ensuring their containerized wastes sent for disposal via this contract are in Department of Transportation (DOT) shippable packaging. l. Minimum TO charges under this contract will be $1,500.00, except where exceptions are otherwise specified in the contract, including but not limited to, some management services and all expedited removals and performance. 1.0 REMOVAL PHASES The requirements for removal of wastes under this contract are divided into three main phases: Pre-Removal (1.1), Removal (1.2), and Post-Removal (1.3). The Contractor and their Subcontractors must perform at all times in a prudent, conscientious, safe, and professional manner. The Contractor shall ensure that its agents, employees, and Subcontractors involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. The Contractor shall provide all MHE and PPE, unless otherwise stated. The MHE and PPE must be appropriate to safely handle the hazardous waste to include meeting any additional military installation specific requirements. The Contractor agrees that all personnel and equipment used in the performance of this contract are subject to safety inspections by Government personnel while on federal property. 1.1 PRE-REMOVAL 1.1.1 CLIN SELECTION CRITERIA CLINs are assigned to waste streams by the Government, and are designed around EPA RCRA regulations, treatment, and technology standards. Department of Transportation (DOT) regulations, including Proper Shipping Name (PSN) and Hazard Class are not a basis for CLIN selection. The waste description, generation process, physical state, and EPA Waste Code(s) are the primary considerations for CLIN selection. CLIN selection begins with the identification of a Base CLIN category and sequence number. It is selected, if available, from the Price Schedule, and is completed with the assignment of a CLIN suffix. Attachment 1 SP4500‐20‐D‐0021 Page 20 of 123 a. Base CLIN categories and their descriptions used for waste disposal CLINs under this contract are as follows: (1) Batteries (BA) – Used for all battery types, some or all of which may be turned in as Universal Waste (UW) where no EPA Waste Codes are assigned, or as Hazardous Waste (HW), where applicable EPA Waste Codes are assigned. (2) Corrosives (CS) – Used for all corrosive wastes meeting the EPA definition of corrosive and carrying the EPA Waste Code D002, unless it is a Lab Pack/Loose Pack, or unless the waste is concurrently assigned a D001 (ignitable) or D003 (reactive) Waste Code. Some corrosive acid oxidizers may carry the D001 Waste Code and be assigned a CS CLIN. (3) Compressed Gas Cylinders/Cartridges (CY) – Used for all types of compressed gas cylinders, vessels, canisters and cartridges. Base CLINs are assigned based on the specific chemical name of the gas or gases comprising the contents of the cylinder, vessel or canister. Cartridges are assigned Base CLINs based on whether the gas is flammable or inert. (4) Flammable/Combustible/Ignitable (FL) – Used for all ignitable and other than reactive or corrosive oxidizers carrying the D001 Waste Code, unless it is a Lab Pack or Loose Pack containing other than paint-related materials, or unless the waste is concurrently assigned a D003 (reactive) Waste Code. FL CLINs may also be assigned to waste streams not carrying the D001 Waste Code, but containing flammable/combustible/ignitable constituents such as organic solvents or chemicals. (5) Lab Packs/Loose Packs (LP) – Used for most overpacked small containers of chemicals and consumer commodity-type products. “Lab Pack” refers predominantly to the overpacking of multiple containers of like laboratory chemicals into a single outer container. The chemicals must be of the same DOT hazard class and a detailed inventory must be affixed to the outer container. Lab packing is a packaging method performed by the Contractor (or Subcontractor) under a separate service CLIN. “Loose Pack” refers predominantly to the overpacking of multiple containers of like consumer commodity products (e.g., paints, lubricants, expired products, etc.) into a single outer container and does not require the preparation of a detailed inventory. Generators of this waste may be authorized to loose-pack containers for turn-in. Lab-packed and loose-packed drums and boxes containing smaller containers of same type wastes provide the best alternative when consolidation is impractical. For purposes of disposal, Lab Packs and Loose Packs share the same Base CLIN depending upon the contents of the inner containers and their assigned EPA Waste Code(s) when applicable. (6) Non-RCRA, Non-State and State-Regulated (NR) – Used for wastes that are not deemed hazardous under the United States Environmental Protection Agency (USEPA) Resource Conservation and Recovery Act (RCRA) regulations and carry no USEPA Waste Code(s). Some such wastes may be State regulated and may carry state-specific Waste Code(s). The Contractor is required to comply with state regulations, as applicable, in the management of such non-RCRA hazardous wastes. (7) PCB-Related (PC) – Used for all wastes containing or contaminated by a source of polychlorinated biphenyls (PCBs) that is equal to or greater than 50 parts per million (ppm) and regulated under the Toxic Substances Control Act (TSCA). Some Generators of PCB-related wastes may choose to utilize “PC” Attachment 1 SP4500‐20‐D‐0021 Page 21 of 123 Base CLINs, even when PCB concentrations fall below regulatory thresholds. Additionally, some states regulate PCB-related wastes to a concentration threshold that is lower than 50 ppm. The Contractor is required to comply with state regulations, as applicable, in the management of such PCB-related wastes. (8) Recycle/Recovery (RE) – Used for various wastes that require by contract and/or regulation the recycling/recovery of constituents and/or components contained in the waste stream, including some universal wastes, lamps, high mercury devices and residues, antifreeze, used oil, oil filters, and fully drained fuel filters. When “RE” CLINs are ordered, the Contractor is required to recycle/recover the waste under which the CLIN was ordered. (9) Reactive (RX) – Used for various reactive wastes bearing the D003 Waste Code or potentially bearing reactive characteristics. All wastes bearing the D003 Waste Code will be turned in for disposal using an “RX” Base CLIN, with the exception of waste also contaminated by a source of PCBs that is equal to or greater than 50 ppm. (10) Toxic (TX) – Used for various toxic wastes that are not ignitable, corrosive, or reactive waste bearing the D001, D002,or D003 Waste Codes, respectively, with the exception of hexavalent chromium (Cr+6) related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6. b. Base CLIN selection criteria is further based upon information found in the waste profile sheet to include the waste description, physical state of the waste, and the presence of EPA Waste Code(s) assigned (only to regulated HW). Every Base CLIN offered to Generators for use in the Price Schedule has corresponding permissible EPA Waste Code(s), unless the CLIN is for Non-RCRA regulated waste. Permissible EPA Waste Codes for purposes of this contract are those Waste Code(s) identified in the Master Base CLIN Catalog and/or Price Schedule of this contract in the column so titled. Permissible EPA Waste Codes does not imply that any or all of those waste codes so listed will apply, but that no other Waste Code(s) are allowed to be carried for the waste under the assigned CLIN. Furthermore, the term “Listed" for purposes of this contract does not imply that all EPA Listed Waste Codes may apply. Uncommon EPA Listed Waste Codes may be handled on a case-by-case basis, with consideration given to those Waste Codes that are permitted and accepted by the Contractor’s TSDF of choice. The Government will ensure that all wastes being turned in for removal will carry only EPA Waste Code(s), if any, which are listed as permissible under this contract. The Government is responsible for assigning proper profile-based CLINs to every waste stream being turned-in for removal. See Master Base CLIN Catalog link at http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx for additional information. A Base CLIN is generally authorized for use by the Government when the subject waste meets the waste description, physical state, and permissible EPA Waste Codes, as specified for that CLIN in the contract. Base CLINs will be selected using the following Waste Codes and other descriptions as the order of precedence: (1) PCB-Related, Containing or Contaminated by a Source >50 ppm (2) Reactive (D003) Attachment 1 SP4500‐20‐D‐0021 Page 22 of 123 (3) Ignitable/Oxidizer (D001), other than Cr+6 related waste bearing the D001 Waste Code exclusively due to the oxidizing properties of Cr+6. (4) Corrosive (D002) (5) Toxic (D004-D043) (6) Acutely Hazardous (P-Listed) (7) Leachate (F039) (8) Electroplating-Related (F006-F012, F019) (9) Spent Solvent (F001-F005) (10) Other F-Listed (11) U-Listed (12) K-Listed (13) State-Regulated Waste, Non-RCRA (14) Non-RCRA, Non-State Regulated Waste c. Base CLIN sequence number – Refer to the Master Base CLIN Catalog. d. CLIN Suffix – Refer to Section 1.1.1 for use of CLIN Suffixes. e. Recycle/Recovery Base CLINs beginning with “RE” are designated for mandatory recycling/recovery by the Government. If the Contractor asserts that a waste designated for recycling cannot be recycled because it does not meet the required recycling parameters: (1) The Contractor must notify the KO in writing at least five (5) business days before pickup, of the rationale and proof for waste rejection. This must include written input from at least two recycling facilities listed on the Qualified Facilities List (QFL), at least one of which is not owned by the Contractor. NOTE: Unless prohibited by State regulations, fuels blending will meet the recycling/recovery requirements for certain wastes, including solvents, paints, antifreeze, and used oil. (2) The KO will notify the COR to resolve requests to change the assigned mandatory recycling CLIN to the appropriate disposal CLIN. The final decision to change a mandatory recycling CLIN to a disposal CLIN is solely that of the Government. If the Government agrees with the CLIN change, the applicable disposal CLIN will be assigned. Attachment 1 SP4500‐20‐D‐0021 Page 23 of 123 1.1.1.1 CLIN DISPUTES a. CLIN discrepancies noted on a TO during a pre-removal inspection and/or during removal by the Contractor will be addressed immediately via the COR and the Generator. If the COR and the Generator concur with the CLIN change request, a TO Modification will be issued. b. The Government may unilaterally issue TO modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting TO lines, extending TO end dates, etc. The Contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. If upon receipt of a unilateral TO modification, the Contractor does not agree with the change or changes, the Contractor reserves the right to seek resolution with the KO. These modifications are only against TOs. No changes are made to the terms and conditions of the contract. c. If the Contractor asserts after removal that an inappropriate CLIN has been assigned, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 days from the Treatment, Storage and Disposal Facility (TSDF) receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination. d. If the Contractor asserts that an inappropriate CLIN has been assigned, that no existing contract CLIN is appropriate, and a new CLIN needs to be added to the contract, the burden of proof lies with the Contractor. The Contractor must provide documentation electronically to the KO and the COR within 14 days from the TSDF receipt date supporting the assertion through independently acquired laboratory analysis at the Contractor’s expense, TSDF fingerprinting results, Safety Data Sheet, and/or other written supporting documentation such as a TSDF “off-spec” notification. Requests for a CLIN change without supporting documents will not be accepted. After review of the documentation, the Contractor will be notified by the KO of the Government’s final determination. e. The Contractor must ensure that the waste in question is not treated or disposed of until the Government has made a final CLIN determination. If the subject waste has been treated and/or disposed of prior to the Government’s final determination, the Contractor will be deemed to have waived its objection to the CLIN assignment. 1.1.2 PERMIT/SPECIAL REQUIREMENTS a. Without additional expense to the Government, The Contractor shall be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, notifications, waste profiles, or reports, which result from a Contractor’s transportation, recycling, or disposal decision. This includes any fees associated with requirements of the Environmental Protection Agency (EPA) national electronic manifest (e-Manifest) system. This includes acquiring any required permits or registrations necessary to operate on any installation listed in this contract and completing the Notification of Regulated Waste Activity form for the Generator(s) of hazardous waste to sign and file with the applicable state regulators for waste disposal. This includes signing (on behalf of the Government) waste profiles requested by TSDF. All Contractor-signed waste profile sheets Attachment 1 SP4500‐20‐D‐0021 Page 24 of 123 shall be written for the actual waste stream using the Generator’s profile for backup documentation. All Generator forms or other means of notifications including correspondence with federal or state agencies on behalf of a Generator must be coordinated with and concurred with by the affected Generator prior to submission to any federal or state agency. A copy of all forms and relevant documentation, including correspondence shall be provided to the COR. b. The Contractor may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, and/or forklift training. c. The Contractor and any Subcontractor(s) shall use only the facilities and transporters currently (at the time) listed in the Defense Logistics Agency Disposition Services (DLADS) Qualified Facilities List (QFL) and Qualified Transporters List (QTL), per Section 5. d. Any import or export shipment outside the United States must comply with all international agreements and all applicable foreign laws. If the Contractor will be exporting directly from the DOD activity, the Contractor is required to provide a current copy of the Acknowledgment(s) of Consent to the COR with the shipping documentation. e. The Contractor may not ship waste outside of the United States to circumvent Environmental Protection Agency (EPA) Land Disposal Restrictions (LDR) unless domestic treatment capability does not exist or domestic facilities are unable to meet EPA LDR requirements within the United States (e.g., Lithium batteries). High level mercury (>260 mg/kg) will not be exported outside the United States. 1.1.2.1 REPORTING REQUIREMENTS a. If the Contractor uses a TSDF which requires the Generator(s) of hazardous waste to register with an out-of-state hazardous waste management facility prior to utilizing the facility, then the Contractor must adhere to the requirements of Section 1.1.2. b. The Contractor shall prepare and provide a Summary Manifest Report, including the completed manifest documents, to the Generator through the COR for filing with the state regulator offices. This Summary Manifest Report will be provided in sufficient time to allow the Generators to file the reports within the time frames allotted by each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the Generator through the COR (see Section 1.1.2.). c. The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report. 1.1.3 SHIPPING/DISPOSAL DOCUMENTATION Attachment 1 SP4500‐20‐D‐0021 Page 25 of 123 a. All references to manifests in this contract refer to the appropriate shipping documents. The Contractor shall use only a Non-Hazardous Waste Manifest or a Uniform Hazardous Waste Manifest for shipments of waste under this contract. Bill of Lading (BOL) documents are prohibited for use under this contract. Some states may require the use of state-specific waste codes and/or have unique requirements regarding the use of manifests. The Contractor will comply with all such state requirements in the performance of this contract. Prior to removal from a site identified as a pickup point in this contract, completed copies of all manifests and LDR notifications shall be furnished to the DLADS Field Activity coordinating the waste disposal. All documentation shall be clearly marked with the name of the servicing DLADS Field Activity in addition to the Generator, contract, and TO number, as applicable. Emergency response information and 24- hour emergency phone numbers shall be listed on the manifest. If blocks for emergency information are not provided, this information shall be placed in the upper right-hand corner of each document. b. Electronic Manifest System (e-Manifest system): Generators may continue to use paper manifests during their transition to fully electronic manifests in the e-Manifest system and the phase out of paper manifests. If presented with a paper manifest, the Contractor will provide the Generator a paper copy signed by the initial transporter. The Contractor shall provide the COR and the Generator with a copy of the completed form(s) for review by the appropriate Government official at least five (5) business days prior to removal. Notifications for expedited orders shall be performed IAW timeframes as listed in Sections 1.1.4. c. Mock EPA ID numbers created by DLADS for use at non-RCRA TSDFs must be entered on all waste manifests. The same mock EPA ID number must be used on DLA Form 2505, Manifest Tracking Log. d. The “Universal Waste” Rule, 40 CFR § 273, does not require the use of a hazardous waste manifest to ship Universal Waste (UW) within, to, or through a state that has adopted the Universal Waste Rule, in which case, under this contract, a non-hazardous waste manifest may be used. Whenever UW is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used. The Contractor will specify on the manifest in the “Special Handling Instructions and Additional Information” (or equivalent) block when UW is being transported (e.g., “Universal Waste Shipment”). Shipments of UW must comply with the requirements specified in 40 CFR § 273.18 and 273.38. UW includes but is not limited to batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR § 260.10. It may also include state-regulated UW such as antifreeze, paint and paint-related wastes (PPRW), cathode ray tubes (CRTs), electronics, and aerosol cans. The regulations allow the Generator to make the determination about whether to handle these and other specific wastes as UW or as HW per 40 CFR. The Contractor will be advised on the TO if these wastes are to be handled as “Universal Waste”. NOTE: While Generators have the option to manage some waste streams as UW, Generators under this contract may be required to order disposal/recycling CLINs that allow the waste to be properly managed based on the waste characteristics if it were otherwise managed as a HW. Example: Universal waste aerosol cans that would otherwise carry corrosive (D002) or reactive (D003) EPA Waste Codes, will be ordered under CLINs CS15C7 and RX01C7, respectively, and NOT CLIN FL01C7, even if managed and turned in as UW under state and/or federal regulations. This is because corrosive and reactive wastes cannot typically be processed using fuels blending technologies for energy recovery as hazardous waste derived fuels. Other scenarios may apply. 1.1.4 NOTIFICATIONS Attachment 1 SP4500‐20‐D‐0021 Page 26 of 123 a. Except as may otherwise be specified herein, the Contractor shall notify the COR or other Government representative, at least five (5) business days BEFORE attempting site visits, providing services, or removal efforts. (1) In addition to the notification above for removal efforts, the Contractor shall provide the name of the driver, the driver’s Commercial Driver License (CDL) number and its expiration date, to the COR or other Government representative at least 24 hours prior to removal. The Contractor may also opt to provide a list of approved, multiple drivers designated for pickups under this specific contract to the COR, or other Government representative prior to any attempted removals. If this option is elected and the list is approved by the Government and maintained by the Contractor, the 24-hour notification requirement is mute for the remainder of the contract unless otherwise modified. (2) If a driver, other than the one specified 24 hours in advance for the specific TO, or, one whose name does not appear on the optional list of approved, multiple drivers arrive for pickup, the COR or other designated Government representative will verify the personnel change with the Contractor before the pickup commences. This may require a written notice or fax from the Contractor. b. For TOs containing expedited removal or performance CLINs, the Contractor shall notify the COR or other Government representative for each location in the following timeframes BEFORE attempting site visits for any reason: CLINs Description Notification Required 6334, 6344 3-Day Expedite 1 Day Prior to Performance 6333, 6343 5-Day Expedite 2 Days Prior to Performance 6332, 6342 7-Day Expedite 4 Days Prior to Performance 6331, 6341 10-Day Expedite 5 Days Prior to Performance 6330, 6341 15-Day Expedite 5 Days Prior to Performance See Section 1.2.11 for additional information on expedite services CLINs. NOTE: If the Contractor elects to provide the list of approved, multiple drivers designated for use under this contract, this expedited notification is not required. All other terms and conditions stated in the contract will apply to any of the aforementioned expedited removals or performance CLINs. NOTE: Defense Biometric Identification System (DBIDS) may be mandatory for access to some DOD facilities. See Section 1.1.8 for further information. Where DBIDS is utilized, the 24-hour advance notification is not required. At some military installations, the Contractor and/or Subcontractors may be required to be escorted to and from the place of work. This requirement is for both safety and physical security purposes. Contractors, their employees, agents, and/or any Subcontractors are required to remain at the designated work area until released or escorted by the COR or other Government representative. 1.1.5 CONVEYANCE VEHICLE OR TRAILER SECURITY a. The Government will notify the Contractor when a conveyance vehicle or trailer must be locked and/or sealed due to Government policy or preference. The Contractor will provide the lock and, if needed, the Attachment 1 SP4500‐20‐D‐0021 Page 27 of 123 Government will provide the seal. The Contractor will in all cases comply with state and federal laws, including Department of Transportation (DOT) regulations as they pertain to conveyance vehicle and trailer security. b. The Government has the right to request identification and/or endorsement(s) from the driver, even beyond what is identified in this contract. The Government further has the right to refuse installation access and to stop Contractor/Subcontractor work of any kind, at any time, for any reason if/when the Government believes that a security risk may exist. Any demurrage resulting from the driver verification process will not be grounds for Government reimbursement to the Contractor. 1.1.6 HOURS OF OPERATION a. The service to be performed under this contract shall be performed during normal Government working days, as applicable for the site(s) on the TO, with specific office hours available from the COR on the TO, except for Federal holidays. Work that cannot be completed by close-of-business for the TO site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation. New Year’s Day - 1 January* Martin Luther King's Birthday - 3rd Monday in January Presidents Day - 3rd Monday in February Memorial Day - Last Monday in May Independence Day - 4 July* Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veterans Day - 11 November* Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December* *The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively. b. Installation specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and Government activities of which may have different work schedules. Excluding weekends and observed Federal holidays, the Contractor agrees that, for those portions of the services provided on a Government installation, the services will be provided during the normal hours of operations for the installation. 1.1.7 PUBLIC AFFAIRS COORDINATION The Contractor shall refer all inquiries concerning this contract to the Contracting Officer (KO). Under no circumstances shall any statement be released to the news media directly by the Contractor or any agents of the Contractor. 1.1.8 DBIDS INSTALLATION ACCESS Attachment 1 SP4500‐20‐D‐0021 Page 28 of 123 a. The Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point. b. Navy and Marine Corps installations now require that all Contractors and their representatives be credentialed via enrollment in the DBIDS to gain access to these installations. DBIDS replaces the former Rapid Gate access system and also requires a security background check for all Contractors and their representatives. The Contractor will plan accordingly. c. For DBIDS enrollment information, go to: https://www.cnic.navy.mil/om/dbids.html. 1.1.9 ENVIRONMENTAL MANAGEMENT SYSTEM DLADS implemented an Environmental Management System (EMS) in accordance with ISO 14001:2015(E), DOD, and DLA requirements at all appropriate DLADS facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLADS EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLADS mission. The DLADS EMS program is explained in the agency EMS Core Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the appropriate DLADS tenant facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each appropriate DLADS facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLADS facility maintains EMS awareness posters that identify the DLADS Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Contractors may request current copies of EMS information identified in this Section by contacting the local COR. 1.1.10 CONTRACTOR PERSONNEL All Contractor personnel performing work under this PWS shall be qualified via training and experience, commensurate with the duties being fulfilled, to the minimum requirements under relevant 29 CFR-OSHA, 40 CFR-EPA, 49 CFR-DOT, EM 385 standards, and updates thereto. The Contractor shall be responsible for all initial and refresher training required of Contractor personnel and it shall be completed in the appropriate timeframes. Upon request by the Government, the Contractor shall provide proof that these trainings were completed. 1.2 REMOVAL 1.2.1 SPILL RESPONSIBILITY Attachment 1 SP4500‐20‐D‐0021 Page 29 of 123 a. The Contractor and/or Subcontractor shall have a serviceable, compatible and operable spill kit(s) on- site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no additional cost to the Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with approval of the host’s Environmental Office, hazardous waste spill cleanups may be allowed to move to a permitted Satellite Accumulation Area until it can be shipped off-site. The Contractor shall prepare a separate manifest for the spill cleanup removals. b. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR (if not already present) and the KO immediately upon discovery. The Contractor shall adhere to all Host or Installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the KO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following: (1) Description of material spilled (including identity, quantity, manifest number, etc.). (2) Whether quantity spilled is EPA/state reportable, and if so, whether it was reported. (3) Exact time and location of spill, including a description of the area involved. (4) Containment procedures initiated. (5) Summary of any communications Contractor has with anyone other than the KO. (6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue. 1.2.2 SEGREGATION OF HAZARDOUS WASTE All items collected on this contract must be segregated according to the current EPA Hazardous Waste Compatibility Chart, and kept physically separate from any containers not associated with this contract until the initial TSDF is reached. The items must be so marked, that they are readily linked to this contract throughout this period. The Contractor may bring other waste onsite while conducting Milk Runs, or picking up waste at multiple locations, as long as the waste is listed on the current DOs being picked up. 1.2.3 STATEMENT ON CONTAINERS The Generator is responsible for ensuring their containers are DOT shippable, i.e., IAW current DOT regulations and standard TSDF acceptance. The Contractor is responsible for all repackaging costs associated with special container acceptance criteria at the TSDF. 1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL Attachment 1 SP4500‐20‐D‐0021 Page 30 of 123 With few exceptions, the Government shall not furnish equipment or personnel to assist in the performance of this contract. Exceptions may include the use of Government-owned loading equipment (Section 1.2.6) and Government-owned scales (Section 1.2.7), and where applicable, management services. Any other offers of assistance are unauthorized, and the Contractor shall not accept any such offers. 1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR § 260.10 and/or the facility Permit. b. The Contractor shall not drain and/or flush PCB items at Government facilities. Draining will be allowed only to prevent leaking and to meet DOT regulations. c. Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site. 1.2.6 LOADING a. The Contractor is responsible for loading and furnishing all the equipment necessary for loading to include powered Material Handling Equipment (i.e., forklift or equivalent) to load individual containers or pallets into cargo trucks. The Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor. b. The Government may offer to assist the Contractor/Subcontractor with loading during normal hours of operation if the appropriate personnel and equipment are available for use. If the offer is accepted by the Contractor, the Government will make the initial placement or “tailgate” the item(s) on conveyance furnished by the Contractor. The initial placement will be as determined by the Government c. It is the Government's responsibility to ensure that the waste being removed is readily accessible for loading by the Contractor at the time of removal. Accessible is defined in this Section as unobstructed and not requiring the movement of other containers or objects that are not scheduled for removal on the subject TO in order to gain access to the waste that is scheduled for removal. d. The Government may tailgate load from any location in or around pickup points listed for this contract and the Generators will have containers staged at ground level. 1.2.7 WEIGHING OF ITEMS a. Government scales will be used when available, operable, and authorized by the Government. The Contractor shall be responsible for determining the availability of Government scales. All scales used for purposes of this contract shall be calibrated IAW applicable regulations. The Government shall ensure that Attachment 1 SP4500‐20‐D‐0021 Page 31 of 123 Government scales are operable and accurate through certification or demonstration. The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration. b. At the Government's option, the use of Government scales will be allowed at the following sites: SITE EQUIPMENT AVAILABLE DLA Disposition Services Anniston, Anniston Army Depot, AL Truck (120,000 pound capacity) Building 527, Anniston Army Depot, AL Platform (20,000 pound capacity) Building 1057, Maxwell AFB, AL Platform (5,000 pound capacity) Building 900, Gunter Annex, AL Truck (150,000 pound capacity) TMO, 187th Fighter Wing, AL Portable (1,000 pound capacity) DLA Disposition Services Huntsville, Redstone Arsenal, AL Truck (100,000 pound capacity) Redstone Landfill, Redstone Arsenal, AL* Truck TMO, Arnold AFB, TN Truck (>80,000 pound capacity) DLA Disposition Services Anniston, Anniston Army Depot, AL Truck (120,000 pound capacity) Building 527, Anniston Army Depot, AL Platform (20,000 pound capacity) Building 1057, Maxwell AFB, AL Platform (5,000 pound capacity) Building 900, Gunter Annex, AL Truck (150,000 pound capacity) TMO, 187th Fighter Wing, AL Portable (1,000 pound capacity) DLA Disposition Services Huntsville, Redstone Arsenal, AL Truck (100,000 pound capacity) Redstone Landfill, Redstone Arsenal, AL* Truck *Scale located at Redstone Landfill, Redstone Arsenal, AL will only be available 0730-1500 daily. c. Before bulk loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor will reweigh the conveyance to establish the loaded (gross) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR. The actual (net) weight o