33-6047_Susquehanna_Multi_Term.pdf

INVITATION FOR BID (IFB)

FOR SALE OF

METALLIC and NON-METALLIC SCRAP

IFB 33-6047

SEALED BID

TERM SALE

For

DLA Disposition Services Susquehanna, PA

Offer Closing Date/Time: November 09, 2026, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period Begins October 9, 2026, 1:00 p.m. EST. By appointment only

Sales Point of Contact (SPOC) Susquehanna:

Travis Gettle; Travis.Gettle@dla.mil ; 717-769-0827

David Stokes; David.Stokes@dla.mil ; 614-693-0666

Sales Contracting Officer

EMAIL: dla.sales@dla.mil mailto:Travis.Gettle@dla.mil mailto:David.Stokes@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1: IFB Item Number Details:

A.5 Table 2: CLIN, Material, SCL, Descriptions:

A.6 Packing:

A.7 Loading and Removal:

A.8 Inspection:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Pre-Award Survey:

D.10 Environmental Responsibility Determination (ERD):

D.11 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.12 Contract Award:

D.13 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

E.4 Authority of Sales Contracting Officer (SCO):

E.5 Authority of Sales Point of Contact (SPOC):

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Pre-Payment/Deposit:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of late or short payments:

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

I.2 Material Referral:

I.3 Classified Material:

I.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.5 Radioactive Property:

I.6 Hazardous Waste:

I.7 Other than "Demilitarization Code A” Scrap Property:

I.8 Scrap Warranty and Exemptions from the scrapping requirement:

I.9 Demilitarization Code Assignment:

I.10 Safety of Use Message (SOUM) property:

I.11 Foreign Attachment:

I.12 Miscellaneous Debris and Dunnage:

I.13 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.14 Title Transfer:

I.15 Notice of Default:

I.16 Response to Notice:

I.17 Termination for Default:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Bureau of Industry and Security (BIS):

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Letter of Authorization (LOA):

K.4 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

K.5 Purchaser Use of Subcontractors:

K.6 Containers:

K.7 Container size and quantity:

K.8 Removal and Replacement of Containers:

K.9 Common Container Size Chart:

K.10 Segregation and Sorting of Scrap by SCL at Agency Locations:

K.11 Storage Charges:

L CONTRACT COMPLIANCE, AUDITS AND REVIEWS

L.1 Compliance with Applicable Laws and Regulations:

L.2 Licenses and Permits:

L.3 Duties of Care and Loyalty:

L.4 Prohibited Activities:

L.5 Purchaser’s Cooperation in Investigations/Audits/Compliance Reviews:

L.6 Post award inspections:

L.7 Purchaser Record Retention:

L.8 Inspection of Records and Workplace by Government:

L.9 Compliance Notification:

L.10 Contracts with Third Parties:

M DISPUTES AND CLAIMS

M.1 Disputes:

M.2 Alternative Dispute Resolution (ADR):

N MISCELLANEOUS PROVISIONS

N.1 Binding Effect:

N.2 Notices:

N.3 Severability:

N.4 Headings:

N.5 Survival:

N.6 Waiver:

N.7 Force Majeure:

N.8 Use of the Agency Name and Public Communications:

N.9 Tense and Gender:

N.10 Entire Agreement and Modification:

N.11 Computation of Time:

N.12 Electronic Communication:

N.13 No Reimbursements:

N.14 Market, Resale and/or Export:

O GOVERNMENT REQUIRED REPORTS

O.1 Government Use of Purchaser Reported Information:

O.2 Performance Measure Requirements and Reports:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Public Law Pertaining to Location Operations:

P.2 Public Law Pertaining to Material:

P.3 Resource Conservation and Recovery Act (RCRA) Notice:

P.4 Chemical Agent Resistant Coating (CARC) Paint:

P.5 Refrigerant:

P.6 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a three (3) year term contract for purchase of metallic and non-metallic scrap through this Invitation for Bid (IFB).

A.1 Base Access Requirements:

All locations where property is located may have strict rules that may prohibit access to some individuals. To access our facilities, an apparent high bidder (AHB) or their agent shall be required to obtain base access through the host installation. The local location will be able to provide information on how to obtain base access. Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser is performing requirements under this IFB and the resulting contract.

Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005 in order to register for enrollment in the Defense Biometric Identification System (DBIDS).

A.2 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx System for Award Management: https://sam.gov/ Bureau of Industry and Security: https://www.bis.doc.gov/ U.S. Department of the Treasury: https://home.treasury.gov/ Consolidated Screening List Search Engine: https://legacy.export.gov/csl-search

The following is for reference only and does not indicate endorsement of the information provided.

Commercial Scale Locator: https://catscale.com/cat-scale-locator/

A.3 Item Description:

Metallic and Non-metallic scrap located DLA Disposition Services Susquehanna, Pennsylvania.

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and other than the Scrap Warranty has no additional restrictions by this Agency. The scrap material issued under this contract shall be assigned a Demilitarization Code of A and will be categorized into the SCL(s) listed below. During the three (3) year base period of this contract, the Government estimates that it will provide 1,250,000 lbs. of total material subject to the variation in weight identified in A.4. Table 1.

Bidders are advised that removals may vary in both quantity and type. The only quantity the USG guarantees a Purchaser will receive/remove is the stated overall minimum of 625,000 lbs. which may be comprised of any combination of the Items/SCLs in this offering.

The estimated 1,250,000 lbs. of material may be comprised of material from each of the Items/SCLs below. The Government does not guarantee any specified quantity for any Item/SCL and there are no minimums or maximums for any specific Item/SCL. The Government guarantees only to tender the minimum quantity specified in Table 1.

The Government segregates items by SCL and the Purchaser will load items and weigh items by SCL. Material with different SCLs may not be loaded and weighed together. Each load will be sold at the bid price provided from the awardee for that Item/SCL.

https://www.dla.mil/DispositionServices.aspx https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://catscale.com/cat-scale-locator/

A.4 Table 1: IFB Item Number Details:

Table 1 provides specific information for the location, material, and quantity.

Base/Option Line Items Material Code Bid QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed QTY

(LBS.)

Base Items 1-2 1,250,000 625,000 12,500,000

Option 1 Items 1-2 N/A 210,000 4,100,000 Option 2 Items 1-2 N/A 210,000 4,100,000

Note: The Bid QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government guarantees only to tender the minimum quantities specified in Table 1.

A.5 Table 2: CLIN, Material, SCL, Descriptions:

Table 2 is material description(s) for the Contract Line-Item Number (CLIN) for the material listed in Table 1.

CLIN MATERIAL SCL DESCRIPTION

10 DS000E1LA E1L

Iron and steel scrap, mixed w/foreign attachments, highly enameled stock, coated paint cans, tin cans, borings and turnings highly corroded, dirty, and containing excessive oil and other inferior grades of metal prohibitive to other classifications, Zinc scrap, No. 1 heavy melting steel, No. 2 heavy melting steel, No. 1 steel busheling, No. 2 steel busheling, No. 1 steel bundles, No. 2 steel bundles, logged and bundled light steel, mixed iron and shell borings and turnings, tern plate, unprepared heavy melting iron. Random length, widths, and thickness not suitable for hydraulic compression, unprepared light melting steel suitable for compression into No.1 bundles, unprepared light melting steel suitable for compression into No.2 bundles, Mixed metals scrap, includes both stripped and un-stripped engine blocks, stove plate, heavy breakable cast, mixed cast, tool steel, steel chain/anchors. Commercial vehicles, autos/trucks.

20 DS000EWGA EWG White appliance goods.

A.6 Packing:

Property is loose on the ground that could be placed in tri-walls and containers/hoppers.

Once Purchaser places roll off containers with lids at the beginning of the contract, all property received and issued from that time will be placed in the containers. Flatbed trucks or box trucks may be needed at times for bigger, bulkier property. If these types of transports are required, the SPOC will provide photo and dimensions with removal requests.

A.7 Loading and Removal:

Monday-Friday 07:30AM-14:30PM Eastern Standard Time (EST) excluding federally recognized holidays.

Once Purchaser places bin/hopper/roll off containers at the beginning of the contract, all property received and issued from that time will be placed in the Purchaser provided containers for removal.

Purchaser may need to provide MHE only for oversized items when Government does not have the capability to load. Susquehanna personnel will notify through email of the oversized item and will give sufficient time for planning on oversized items. The SPOC must provide dimensions during the removal request of oversized items if MHE is needed for loading.

The Sales Point of Contact (SPOC) will contact the Purchaser by email with the removal request schedule. The Purchaser must respond within three (3) business days to the request with confirmation or a request for an alternate date, which will not exceed three (3) business days of the SPOC’s original requested schedule date. All change requests must be authorized by the SPOC.

When Purchaser executes a removal, the Purchaser will drop an empty bin/hopper/roll off container to replace the full bin/hopper/roll off container being removed.

Pick up locations:

At DLA Disposition Services Susquehanna:

• 5450 Carlisle Pike, Mechanicsburg, PA 17050 o Purchaser will provide one (1) container for EWG at all times.

o Purchaser will provide three (3) containers for E1L at all times.

• Scale location: 5450 Carlisle Pike, Mechanicsburg, PA 17050

• Alternate scale location: 1501 Harrisburg Pike, Carlisle, PA 17013 (12 Miles)

Container(s) shall be in place within five (5) business days after the Start of Work Meeting.

A.8 Inspection:

Monday-Friday 07:30AM-14:30PM Eastern Standard Time (EST) excluding federally recognized holidays.

Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection for the purposes of bidding on this IFB. A 48-hour notice is required.

Bidder must be legally allowed on Military installations. Bidder must have two (2) forms of identification to gain access to the installation. Bidder should wear protective shoes at site.

B TERMS AND CONDITIONS OF SALE

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general. Any historical data provided in support of this IFB was derived using existing sources and is presented for general reference only.

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 titled, Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment

The provision at FAR 52.204-24 requires an offeror to represent, on an Offer-by-offer basis, whether it will or will not provide any “covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

https://www.acquisition.gov/far/52.204-24

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to AHB as part of the pre-award process.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 titled, “Prohibition on Contracting for Certain Telecommunications and Video https://www.acquisition.gov/far/52.204-24

Surveillance Services or Equipment” is incorporated by reference from the federal Acquisition Regulation.

https://www.acquisition.gov/far/52.204-25

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in Agency’s Disposition Services pamphlet entitled the “Sale by Reference Instructions, Terms and Conditions Applicable to Department of Defense (DoD) Personal Property Offered for Sale by DLA Disposition Services”, published July 2012, are hereby incorporated by reference and become a part of this IFB and any contract resulting from acceptance of a bid submitted pursuant to this IFB as fully as though such instructions, terms and conditions had been specifically set forth herein:

The Terms and Conditions of this IFB supersede the Sales by Reference wherever conflicted.

Note: The following SBR Parts have been amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except: 2, 5, 8 & 12

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 12, 13(c), 28, 29 &

Modified Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: Does not apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed – Term Conditions: All Conditions apply except: 4, 5

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except: A, E, G

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: All articles do not apply except: G

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except: A, B, D, F, G, H, I, J, K, L, M, N, O, P, Q, U, V, W, X, Y

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: Does not apply.

https://www.acquisition.gov/far/52.204-25

C.9 SBR Part 9:

Special Spot Bid Conditions of Sale of Government Property: Does not apply.

C.10 SBR Part 10:

Sale of Government Property Special Auction Conditions: Does not apply.

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

This is a firm fixed-price sales contract where the bidder offers a price-per-pound for each of the two (2) line items.

Bidders should be aware of the risk factors outlined in this IFB. Under no circumstances is the Government responsible for any assumptions or planning factors the bidder used to determine their offered prices. At no time will the Government pay the Purchaser to take material offered.

The Government will evaluate bids and award the contract to the single bidder offering the highest total projected revenue.

The Government expects all the terms and conditions of the contract to be met at the bid price submitted. At no time will the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

D.2 Identification of Sales Purchaser:

Bidders should take care to ensure that their bid submission indicates whether they are submitting the bid as an authorized representative of a legal entity such as a corporation or limited liability company, or in their individual capacity or as owner of a sole proprietorship. The legal entity designated as the bidder on the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. Individuals or companies may use subsidiaries, affiliates or partners in a joint venture as subcontractors with SCO approval as per the contract terms (however such entities may also require an ERD) but may not substitute such entities as a party to the Agency’s sales contract. AHBs should ensure the SOI and other pre-award documentation identify any subcontractors that will be performing removals or processing materials on its behalf so that the appropriate reviews may be conducted.

D.3 How to Bid:

The bidder awarded this contract will be awarded the two (2) items or none of the items. Bidders must place a bid on each individual item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each item upon removal based on weight.

The bid will be determined by using the highest total price for the two (2) items.

Item 1 - Mixed metals - Unit Bid Price * 1,225,000 lbs. = $A Item 2 - White goods - Unit Bid Price * 25,000 lbs. = $B $A + $B = $X

$X = Highest Total Amount in US dollars for the estimate of 1,250,000 lbs. comprised of the 2 items offered for sale.

The bidder with the highest total amount in US Dollars will be considered the AHB and will be vetted prior to award in accordance with provisions in Section D below. It is expected that the awarded company will remove all the items in this IFB or none of the items in this IFB. Bidders shall use the SF114 and SF114A forms provided with this IFB to submit their bids. Bidders must enter a price-per-pound for each of the two (2) line items. Bids should not exceed five (5) decimal places (e.g., $0.01005). The minimum valid bid is $0.00001 per unit.

Your individual line-item prices will be used to calculate a total evaluated bid value for determining the apparent high bidder, as described in Section D.3. The winning bidder will pay the Government the actual price-per-pound they bid for each specific material upon removal.

For illustrative purposes: A bidder might offer different prices for each line item (e.g., $0.10/lb. for E1LA, $0.15/lb.

for EWGA). The Government will multiply each of those offered prices by the "Evaluation Weights" listed in Section D.3 to determine the projected revenue for each line item. The sum of those projected revenues will constitute the bidder's total evaluated bid for determining the winner.

Email bid to: dla.sales@dla.mil

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

D.4 A Responsive Bid:

Complies with the terms and conditions of the sales offering and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids will be considered for award. A responsive bid submission shall contain at a minimum:

mailto:dla.sales@dla.mil

• SF114 completed and signed.

• SF114A.

• The bid must remain valid 90 calendar days from the bid opening unless otherwise modified or cancelled.

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive.

Late bids are handled in accordance with provisions in 32 CFR § 273.15. The selling agency will consider late bids for award if the bid was delivered in a timely fashion to the address specified in the sales offering but did not reach the official designated to accept the bid by the bid opening time due to a Government delay.

The selling agency representative may consider late bid modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.

D.6 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, to modify a bid, submit a new bid in the same manner as the previous bid. Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid, submit a zero

(0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time and method of bid submission).

D.7 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee) and able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government.

The general standards in FAR Part 9 on contractor responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S.C § 545 but may be considered by the SCO in evaluating bidder responsibility.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid inclusive of all lines unless a determination is made to reject the bid under 41 CFR § 102-38.90. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the AHB since he/she would have the highest total amount priced responsive bid.

D.8 Ineligible Bidder:

A Bidder will not be eligible for award if they are:

• Indebted to the Government.

• Excluded from federal programs by the General Services Administration as identified in the System for

Award Management at https://sam.gov/.

• Subject to denial, suspension, debarment, or other sanctions pursuant to export control and related laws, regulations, or orders administered by the DOS, DOC, DHS, or USTD. The DOS, DOC, DHS, and USTD name these entities, individuals, and countries in the federal Register and at the following website:

Consolidated Screening List Search Engine (https://www.trade.gov/data-visualization/csl-search).

https://sam.gov/ https://www.trade.gov/data-visualization/csl-search

D.9 Pre-Award Survey:

The Agency will conduct a pre-award survey of only the AHB. The SCO will provide notification that you are the AHB, and SOI DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The pre-award survey may be conducted at the AHB’s facility. The pre-award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

The AHB shall cooperate in the pre-award process by assisting in arrangements and/or by providing requested information in a timely manner. Be advised that the pre-award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

To facilitate the pre-award Survey, you have 10 business days to:

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

D.10 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the IFB, SOI, federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the SOI. Do not list downstream recipients of processed property. A copy of the shipping paperwork will be provided to the SPOC at the time of removal.

The Purchaser is responsible for providing copies of requisite permits and/or registration numbers for downstream processors for the ERD.

Permits, licenses, and registration for the Commonwealth of Pennsylvania for the process of scrap metal includes but is not limited to:

- Industrial Stormwater Permit for processors of scrap metal

The Commonwealth of Pennsylvania requires scrap recycling facilities to obtain coverage under PAG-03 General Permit for Discharges of Stormwater Associated with Industrial Activity.

https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/stormwater-management.html

If the initial and/or downstream processing of property will occur outside of the Commonwealth of Pennsylvania, the Purchaser is responsible for understanding and ensuring compliance with the regulatory requirements of that State. The Purchaser is responsible for providing copies of the required permits, licenses, and registrations for the processing facilities in accordance with State requirements for that location.

Refrigerant:

Refrigeration equipment and appliances are subject to the Clean Air Act (CAA) Amendments of 1990 which prohibit the venting or release to the environment of Class I or Class II ozone depleting substances and are also subject to the Refrigerant Recycling Rule in 40 CFR Subpart F 82, 150-166, requiring the recovery and verification of refrigerant removal by a certified technician, using certified recovery equipment prior to final disposal as scrap or in a landfill.

Hazardous Property:

Performance of the contract does not require nor authorize the Purchaser to handle Hazardous Property. Despite all best efforts by the Government, should Hazardous Property be discovered, the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD outlined below. The Government will arrange for pick up and removal of such material.

https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/stormwater-management.html

DLA Environmental Support Branch may perform a cursory review of transporter based on the type of material(s) included as a part of the sale. Certain commodities may require special licensing or permitting for transport based on state regulations. The AHB will be responsible for ensuring the transporters meet those regulations.

ERDs typically take 10 business days to complete. Any findings annotated by the Government during an ERD must be corrected prior to a proposed destination/facility’s use. Purchasers are not authorized to process Government material at a site other than those listed on the SOI.

Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchasers are not authorized to use a facility that has not been through the ERD process.

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

D.11 Necessary Licenses, Permits and Certifications Shall be Reviewed:

Prior to the award of a contract, the Agency shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a subcontractor) to meet the terms and conditions and can comply with the applicable federal, state and local laws, ordinances and regulations.

If the Agency determines the AHB is not responsible, the next highest bidder will begin the same pre-award survey process. This same process of vetting the next highest bidder will continue until a responsible bidder is identified.

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

Whenever requested by the SCO to furnish information regarding the actual disposition made of the property awarded to the Purchaser, the Purchaser agrees to furnish the requested information within 30 calendar days after the date of the request.

D.12 Contract Award:

The SCO shall determine if each bid is responsive prior to the award of the contract. The contract shall be awarded to the highest responsive bid submitted by a responsible bidder. In the event of termination of the original Purchaser, the SCO may award the contract to the next highest responsive, responsible bidder if bids have not expired, and such award is otherwise determined to be in the Government's best interest.

Under 41 CFR § 102-38.90, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

When you have successfully completed the pre-award assessment as the AHB, you will receive a Statement indicating the amount of payment due. Submit payment within 10 business days of the Statement.

When payment is posted and confirmed by the SCO; and all other vetting has been completed, a Start of Work meeting will be scheduled.

D.13 Start of Work Meeting:

The purpose of the meeting is to ensure the Purchaser fully understands the terms and conditions of this contract.

The Agency shall determine the method, date, time, and location of the start of work meeting. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting, the official signed Notice of Award will be sent to the Purchaser and SPOC, and this will constitute the official award of the contract to the AHB.

After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of the contract award, the Purchaser shall provide the Agency the following information: Designation of key persons, to include their full name, title, telephone number, email address and a synopsis of their duties under the contract. Purchaser shall provide the SCO notification of any changes to the above within 10 calendar days of the change.

E.2 Transfer and Hypothecation:

General Prohibition - Except as specifically provided herein or specifically approved by the Agency in writing, the Purchaser shall not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract.

Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be invalid and shall constitute a material breach of this contract.

E.3 Contract of Sale:

Relationship of Parties - This contract is an agreement for the sale of the material by the Agency as seller to the Purchaser. Purchaser and the Agency expressly disavow the creation of any other relationship, including without limitation principal-agent, master-servant, employer-employee, general or limited partnership, or joint venture, between the Agency and the Purchaser.

Parties to the Contract: The parties to this contract are the Agency and the Purchaser.

E.4 Authority of Sales Contracting Officer (SCO):

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to the Agency from the Purchaser shall be deemed invalid unless addressed to the SCO.

Communications from the Purchaser to anyone other than an SCO shall not be deemed received by the Agency.

E.5 Authority of Sales Point of Contact (SPOC):

The SCO designates the SPOC to provide direct oversight of the Purchaser and/or their agents to ensure they meet the terms and conditions of the contract. The SPOC does not have the authority to make binding contractual obligations, such as adding, deleting, or modifying terms and provisions in this IFB. All changes or modifications to contractual provisions in this IFB must be approved in advance by the SCO.

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Pre-Payment/Deposit:

In accordance with DLA Disposition Services regulations for term contracts (SBR Part 4, Paragraph 2), the Purchaser is required to submit a pre-payment/performance deposit. This deposit is calculated as twenty percent (20%) of one year's estimated weight generation multiplied by the Purchaser's unit bid price per pound.

This deposit must be submitted within ten (10) business days of receiving the pre-award Statement of Account. The deposit will be retained by the Agency until contract closure, which will be initiated no later than 120 calendar days after the end of the performance period, to secure contract performance and offset any unpaid billings or claims.

Insurance and Bond Contract Requirements.

F.2 Insurance and Bond Contract Requirements:

Purchaser shall obtain the minimum coverage specified unless the Agency approves a variance from such minimum coverage. Purchaser shall obtain and maintain the insurance and bond requirements throughout the performance period.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB shall consist of a three (3) year base period, followed by two (2) one (1) year option periods that may be exercised at the SCO’s discretion. The entire length of the contract shall not exceed 60 months.

The option period in this IFB has its own defined minimum/maximum quantities as listed below. If a one (1) year option period is exercised, the minimum and maximum quantities applicable to the option period are as follows:

Option Line Items Material Code Total QTY

(LBS.)

Minimum

Guaranteed

QTY (LBS.)

Maximum Allowed QTY

(LBS.)

Option Year 1 Items 1-2 N/A 210,000 4,100,000

Option Year 2 Items 1-2 N/A 210,000 4,100,000

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable federal, state, local codes and DoD regulations pertaining to the health and safety of personnel and environmental management during the execution and loading operations. All work shall be completed and performed IAW the best practices of the trade and in compliance with all applicable federal, state, local codes and IAW regulations.

Anticipated Regulatory Changes: Performance under any contract resulting from this solicitation must follow all local, state, and federal laws and regulations. Accordingly, it is the responsibility of the offeror to ensure that all such laws and regulations are considered in the preparation of its proposal. Such consideration should include not only relevant laws and regulations currently in effect, but also revisions for which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

G.3 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a Government representative. All Bidders/Purchasers are advised that they must comply with all applicable federal, state and local laws, ordinances, regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

H PAYMENTS

H.1 The Billing Cycle:

The Billing Cycle runs from the 25th to the 24th. The systemic billing process runs on or about the 24th of each month at 11:59 pm EST. The transactions processed from the 25th of the previous month to the 24th of the current month will be invoiced for the billing cycle.

For illustrative purposes, if Purchaser A won the award of contract line item 1 for DS000E1LA and had bid $0.01000 per pound for this contract line item and if Purchaser A removed 10,000 pounds of DS000E1LA for the month of January, then Purchaser A would be billed $100 (10,000 pounds times the bid price of $0.01000 per pound per contract line item 1 DS000E1LA).

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency.

Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express).

When using a credit card method of payment, the credit card number, credit card security code (3-or 4-digit code on the back of the card), name as printed on the credit card, and the expiration date shall be provided. The U.S.

Treasury limits all credit card transactions to $24,999.99. Transactions greater than $24,999.99 cannot be split into two (2) or more credit card transactions.

Checks or other paper financial instruments such as personal checks, money orders, cashier’s checks, travelers checks, or bank drafts will not be accepted as a form of payment.

Credit Card and Bank Account (ACH) payments within the United States can be made using the website at:

https://www.pay.gov/public/form/start/25176217

H.3 Payment Confirmation:

The Government does not provide payment confirmation. Purchaser shall submit proof of payment to the SCO, showing type of payment, amount, and date submitted. The SCO will ensure payment is applied to the Purchaser’s account. Payment submission through Pay.gov is recommended to reduce processing time. Pay.Gov confirmation email is proof of payment.

Pay.Gov Link https://www.pay.gov/public/form/start/25176217

H.4 Consequences of late or short payments:

If full payment is not received within 30 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S. Code. After 30 calendar days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; you will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 calendar days delinquent.

If full payment is not received within 90 calendar days from the date of the bill, we will transfer the debt to the Debt Management Office for collection and an additional administrative charge of $50 will be assessed. They will continue the collection process and if unsuccessful, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken:

• The debt will be subject to the Department of Treasury offset from federal payments due (you or your company, as applicable). A fee for each offset made will be added to the debt as part of the administrative charge. federal payments eligible for offsets include contract payments, federal income tax refunds, and other payments not exempt.

• The debt may be reported to a credit bureau.

• The debt may be referred to a private collection agency. In such instance, a fee for collections made will be added to the debt as part of the administrative charge.

• The debt may be referred to the Department of Justice for litigation. In such case, an administrative cost will be added to the debt.

You may inspect and/or request a copy of the records pertaining to this debt. If you believe the debt is invalid or the amount is incorrect, please contact us immediately. If you are financially unable to pay the full amount of the debt, you may request a written agreement to pay the debt in installments. Your request for an installment agreement should be in writing and supported by certified statements of income and financial position covering the last 12 months. The point of contact for this debt is the SCO listed on your award document.

https://www.pay.gov/public/form/start/25176217 https://www.pay.gov/public/form/start/25176217

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

The material is by SCL as weight in unit of issues (i.e., LB, TN, KG), by each location. The Agency has established field locations and other RIP locations to meet the needs of our customers. The Agency does not represent that the locations and the number of locations are enduring and does state that all locations are subject to change based on the needs of our customers.

I.2 Material Referral:

The Government has sole discretion to determine when and what material shall be issued to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred by the Government as specified in the contract. The Purchaser is not required to take hazardous material or material that could pose a risk to national security, environmental or personnel safety or health issue such as mold and asbestos containing materials. Under no circumstances is culling for effecting partial or incremental removals authorized. The Agency reserves the right to sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.3 Classified Material:

Performance of this contract neither requires nor authorizes the Purchaser to handle classified property or documents. Should Purchaser’s employees handle actual or suspected classified property or documents, the Purchaser shall immediately secure the documents or property from both physical loss and compromise and immediately notify the Agency’s Site Lead and the SCO of the discovery. The Purchaser shall submit a SF364 ROD as outlined below. The Agency will arrange for pick up and removal of such material. Under no circumstances shall the Purchaser release the property or documents to anyone other than designated personnel. If the contents of said documents or property are at a level that requires debriefing, the Purchaser’s personnel shall be made available to the proper Government authorities for this action.

I.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

Performance of this contract does not require nor authorize the Purchaser to handle MPPEH. Despite all best efforts by the Government, should MPPEH be discovered, the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD outlined below. The Agency will arrange for pick up and removal of such material.

I.5 Radioactive Property:

Performance of this contract does not require nor authorize the Purchaser to handle radioactive property. Despite all best efforts by the Government, should property activate a radiation detector alarm, the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.6 Hazardous Waste:

Performance of this contract neither requires nor authorizes the Purchaser to handle, transport, treat, store, or dispose of Hazardous Waste (HW). HW is outside the scope of this contract and is not sold under it. Despite all best efforts by the Government, should suspected HW be discovered, the Purchaser shall immediately take the necessary action to protect personnel and property, including evacuating and securing the immediate area. The Purchaser shall not attempt to handle, move, process, or transport the suspected HW until a technically qualified Government representative investigates. The Purchaser shall notify the Agency's Site Lead, the SPOC, and the SCO of the discovery immediately and submit an SF 364 ROD within three (3) business days.

a. Discovery on Government premises. The Government will determine whether the material is HW. If it is, the Government will remove and dispose of it under the Agency's hazardous waste disposal contracts.

b. Discovery after removal. If suspected HW is discovered after removal from Government premises, the Purchaser shall segregate and secure the material at the location of discovery and shall not further process or transfer it. The Purchaser shall provide the Government reasonable access to inspect it. If the Government determines the material is HW, the following apply:

(1) Title to the HW shall not pass to the Purchaser, and to the extent title has passed, it shall revest in the Government.

(2) The Government will arrange for removal and disposal of the HW under the Agency's hazardous waste disposal contracts, and the Purchaser shall cooperate with access and loading.

(3) The Purchaser shall not prepare or sign any hazardous waste manifest as, or on behalf of, the generator.

c. Adjustment. The Purchaser's sole remedy for HW discovered under this article is a credit or refund of the purchase price paid for the weight of the material determined to be HW, as documented in the SF 364 ROD and supporting weight tickets. No other costs will be reimbursed, consistent with Section N.13.

d. Determination. The Government's determination of whether material is HW is final, subject to the Disputes provisions of Section M.

I.7 Other than "Demilitarization Code A” Scrap Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” scrap property. Should Purchaser employees suspect other than “Demilitarization Code A” scrap property, the Purchaser shall immediately secure the property and notify the Agency’s Site Lead and the SCO of the discovery immediately. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.8 Scrap Warranty and Exemptions from the scrapping requirement:

The Purchaser accepts that this property is being purchased as Demilitarization Code A scrap and shall ensure scrapping is accomplished in a manner that renders the property useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit, and function have been destroyed. A DD Form 1639 (Scrap Warranty) will be issued to the Purchaser’s representative removing scrap at each site at the time of weighing. The DD Form 1639 will detail the applicable property being purchased via the sales contract and the Purchaser’s responsibility under the warranty, specifically:

The property covered by this agreement will be used only as scrap, either in its existing condition or after further preparation, unless and until the undersigned is released from this warranty.

In the event the undersigned is released from this warranty, any payment agreed on as consideration for such release shall be made to the United States regardless of whether this warranty shall have been executed at the request of the United States.

In the event the undersigned sells the property covered by this agreement prior to release of this warranty, the undersigned will obtain from the Purchaser and tender to the United States a warranty identical to this executed by the Purchaser, and upon receipt of such other warranty this warranty will be released by the United States.

All obligations of the undersigned under this warranty shall expire five (5) years from the date hereof.

The Purchaser’s representative shall sign and return the DD Form 1639 prior to the property being released.

Following submission of DD Form 1639, title for property being purchased as scrap will transfer at the time of removal in accordance with Sales by Reference Part 2 Article 7.