A0008100_Published.pdf

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General Details:

Product Information(for each line):

Line Item 1

Sales Information

Description Table of contents

Section 1: General Statement and Description

Section 2: Special Terms and Conditions related to Demilitarization, Mutilation and the Operating

Environment on the Installation

Section 3: General Terms and Conditions

Section 4: Bidding, Award and Definitions

Sales Contracting Officer (SCO):

Todd W. Koleski

Phone number 269-961-5993

E-mail Todd.Koleski@dla.mil

Section 1: General Statement and Description

1. This Invitation for Bid (IFB) is for a firm fixed price public sales contract where the bid price is expressed in United States dollars/cents per pound. DLA Disposition Services (hereinafter “Agency” or

“Government”) expects the Purchaser to perform all requirements under this public sales contract at the bid price provided by the Purchaser. This is not a sale by lot. The Agency guarantees to issue the total combined estimated generation of Demilitarized/Mutilation (DEMIL/MUT ) required property offered in the amount of 45,000 lbs. for sale within the terms of the Adjustment for Variation in Quantity or Weight clause

(Sale by Reference (SBR) Part 4, Condition 5).

2. Property stream may consist of a trainer load master NSN 6910011153836 and aircraft landing gear NSN

6200001111415 and NSN 1620 001111418 DEMIL codes D and Q3.

3. The Purchaser is expected to DEMIL/MUT and remove a minimum of 15,000 pounds per month. Weight is tracked

Auction Number & Title A0008100 / Scrap residue from controlled property Pease, NH

Contract/Sales Order Number

Publish Start Date 12/31/2019 13:04:45 EST

Auction Closing Date 01/07/2020 13:04:45 EST

Sales Type Term Quantity/Sealed Bid

Contract Start Date 01/15/2020

Contract End Date 04/14/2020

Target Group/Business Partners

Bid Type Sealed Bid

Auction Duration 7 day(s)

Start Price 0.01 USD

Pricing Method Per-unit Pricing

SL0000102 DS000D1DB Irony Aluminum scrap from trainer

DTID:-- Demil Code:-- Qty/UI:45000/LB Fld Off:JSTH/DLA DS Portsmouth- Pease

Printed on:12/31/2019 13:06:27 EST Page: 2 and billed by weight tickets and DLA Form 1367 for outbound scrap removed from the site. The Purchaser is responsible for removal and disposal of all scrap, to include all metallic and non-metallic material resulting from the DEMIL/MUT process at no cost to the Agency.

4. The performance period of the contract resulting from the IFB shall consists of a three-month base period, followed by two one-month option periods that may be exercised at the SCO discretion. The entire length of the contract, if all option periods are used, shall not exceed five months.

5. All potential Bidders are advised to read all terms and conditions of this IFB prior to submitting their bids to ensure they have a complete and full understanding of all requirements under this public sales contract. The Bidders are cautioned that some requirements for information are required before the start of work on this public sales contract. The Purchaser shall provide all services necessary for the public sales contract in accordance with all Federal, state, local laws and regulations and in accordance with the terms and conditions of this sales contract. All terms and conditions in this IFB will also apply to Purchaser subcontractor(s).

Packing Trainer and components are stored outside on the ground.

Removal POC Rod Stubbs

Phone 603 570 6556

E-mail rodney.stubbs@dla.mil

Alt POC Nick Papciak

Phone 603 570 6557

E-mail nicholas.papciak@dla.mil

Hours of operations:

Monday thru Friday from 0800 to 1400, excluding Federal Holidays and weekends

Inspection Five day advanced notice for inspections is required.

POC William Perkins

Phone 781 225 6488

E-mail william.perkins.9@us.af.mil

POC Rod Stubbs

Phone 603 570 6556

E-mail rodney.stubbs@dla.mil

Hours of operations:

Monday thru Friday from 0800 to 1400, excluding Federal Holidays and weekends

Loading POC Rod Stubbs

Phone 603 570 6556

E-mail rodney.stubbs@dla.mil

Alt POC Nick Papciak

Phone 603 570 6557

E-mail nicholas.papciak@dla.mil

Hours of operations:

Monday thru Friday from 0800 to 1400, excluding Federal Holidays and weekends

Nearest scale is about 10 miles away located at 7 Craig Road, Acton, MA 01720

Purchaser shall move and load all property associated this this auction, with no Government assistance available.

Section 2: Special Terms and Conditions

1. Demilitarization/Mutilation Section:

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a. Other Department of Defense (DOD) agencies have the responsibility to identify property that requires demilitarization/mutilation by assigning the applicable demilitarization code. Due to changes in requirements, these codes are subject to change without advance notice.

b. The SCO will provide the training materials to the Apparent High Bidder during the pre-award process to ensure adequate time is allotted to train the potential winning bidder’s certifiers. The potential winning bidder shall complete training and submit an appointment letter with the certifiers name and signature on it to the SCO before work can begin. Training certificates are to be held by the potential winning bidder and made available to the SCO within 24 hours if requested.

c. Purchaser certifiers will be re-trained annually and shall provide to the SCO, a new appointment letter with the date refresher was taken for each certifier.

d. Agency verifier(s) shall be present for all DEMIL/MUT operations. If the Agency verifier is unavailable for any reason, operations are to be shut down until the verifiers return.

e. Demilitarization/Mutilation of property shall be accomplished, Monday thru Friday from 0800 to 1400 excluding Federal Holidays and weekends or any days Government verifiers are unavailable.

f. Purchaser will be notified by the SCO or their authorized representative when removal is required.

g. Purchaser is responsible for obtaining and providing all required permits to accomplish the DEMIL/MUT operations, loading and transportation. All conveyance will display applicable Department of Transportation

(DOT) placards. If an oversized vehicle or load is required, site will assist by providing a POC for base permits.

h. Purchaser shall not be provided with permanent indoor or outdoor storage space for property or equipment

(including material handling equipment (MHE)) on base. Outdoor temporary storage will be made available as the need arises to ensure DEMIL operations and property flow are not impacted. Purchaser shall request the space in writing, only the Agency can authorize the temporary storage space.

i. Purchaser shall supply all equipment and personnel to accomplish all operations associated with the demilitarization/mutilation of all property to include vehicles and associated parts/material. Equipment may include, but is not limited to: a shear, scrap handler with knuckle boom, shredder, torch machine, plasma cutter and Personal Protective Equipment (PPE).

j. Purchaser is responsible to have on-hand Storage Bins/Roll off containers to support DEMIL/MUT operations so as to not allow scrap to be left on the ground prior to final load out.

k. Purchaser shall obtain all Base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base shall have state-approved identification or state-approved appropriate driver’s licenses. The Base may deny access to personnel with warrants or other documented criminal history. Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. Purchaser shall provide a list of personnel who will work on base at the start of work meeting held prior to official contract award.

l. The use of precision torch fixtures, precision cutting saws or precision tools of any kind are only authorized for downsizing. Final cuts shall be In Accordance With (IAW) DODM 4160.28.

m. Purchaser shall provide a Letter of Authorization (LOA) to the SCO and the pickup point DLA Sales POC, for any contracted transportation picking up property on the Purchaser’s behalf. (See addendum A0008100 for example LOA)

n. The Agency’s verifier will conduct end of week meeting with the purchaser to coordinate/determine work schedule for the following week. Deviations are authorized (i.e. bi-weekly, monthly, etc.) based on written mutual agreement between Purchaser and Agency.

o. Purchaser shall DEMIL/MUT and remove all property located on DLA Disposition Services Portsmouth-Pease, Building 1721, 3 Robbins St, Hanscom AFB, MA 01731.

p. The property is received as an item or by Scrap Classification Code (SCL) and processed through demilitarization/mutilation to the point of scrap. The resulting scrap weight is issued to the Purchaser with the SCL material description.

q. The Purchaser’s certifier and the Agency’s verifier shall jointly inventory and inspect the property before the property is demilitarized/mutilated.

r. DEMIL required property will not be comingled with other property types until Title passes.

s. Mutilation required property will not be comingled with other property types until Title passes.

t. Other property sourced to this public sales contract will be processed as Controlled property and will be mutilated and not commingled with DEMIL/MUT property until Title passes.

u. If operation hazards are discovered during loading or DEMIL/MUT operations, all work will cease immediately. Operations will not resume until cleared by the Agency Verifier or the SCO.

v. Method and degree of demilitarization will be IAW with DODM 4160.28 Vol 3. The appointed Agency Verifier will have final say in the DEMIL/MUT of property.

w. Purchaser shall DEMIL/MUT all property streams. No parts harvesting is authorized.

x. By bidding, each bidder represents, warrants and certifies that ALL materials purchased shall not be re-used or re-furbished, or sold for re-use or refurbishing.

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y. All DEMIL and Mutilation required property shall be destroyed on the same day the material is received.

The receiving process begins once the Agency verifier and Purchaser’s certifier complete the Kind Count (KC) process and the property has been turned over to the Purchaser.

z. Title will pass to the Purchaser when the DEMIL or Mutilation has been completed and the Certificate of

DEMIL or Mutilation has been signed by both the Purchaser certifier and the Agency verifier and the 1367s is signed by both the Purchaser certifier and the Agency verifier.

2. Property may contain hazardous materials, batteries, Petroleum, Oil, Lubricants (POL), hydraulic oils, coolant, fuels, washer fluids etc.). Purchaser will be responsible to drain and collect all fluids.

Accumulations during the processing will be the purchaser’s responsibility to recover, store, and dispose of

IAW local, state, and federal requirements

3. DEMIL/MUT operations will take place on Hanscom AFB. Purchaser is advised that there is no covered facility in the work area. At conclusion of contract, Purchaser is responsible to repair any damage to the worksite and restore it to its original condition. The Purchaser’s employees or sub employees inspecting, working, demilitarizing/mutilating, and removing the material are required to be US citizens and pass a

Federal background check. Government vehicle escorts not available.

4. Other Special Terms and Conditions:

a. Environmental and Hazardous Waste Secondary Containment.

I. The Purchaser is required to clean-up the workspace, remove, and dispose of any parts or debris resulting from the Purchasers performance at the end of each work day.

II. Containment system shall allow for quick removal of spilled or leaking liquid and shall contain a drain

(or other method) to empty liquid. Containment shall be of sufficient capacity (length/width/depth) to contain the total volume of any fluid released and accumulated liquids that the property being worked may contain until the collected material is removed. At a minimum, the containment system shall be able to hold

150 percent of the volume of fluid currently in the containment system.

III. Spill Responsibility: The Purchaser is solely responsible for clean-up and disposal of all spills or leaks IAW 40 CFR Part 112 during the loading and or DEMIL/MUT operations of this contract that occur because of, or are contributed to, by the actions of its agents, employees, or Sub-Purchasers, at no cost to the

Government. Spill response shall be performed by the Purchaser IAW host installation spill response procedures. The Purchaser shall have all necessary spill response kits, equipment and supplies pre-positioned in-case of spills that may occur during this operation.

b. Purchaser is responsible for SECONDARY CONTAINMENT: Purchaser shall provide secondary containment that meets the requirements of this section, to prevent the release of hazardous constituents into the environment. The Government shall approve the plans for the containment system before it is brought on site/constructed. The Government will inspect the constructed secondary containment prior to authorizing work to begin. The Purchaser is responsible for correcting any deficiencies to the plan or the system as identified by the Government. The Government will not pay or reimburse the Purchaser for any expenses related to the containment system to include, but not limited to planning, developing, constructing, repairing, correcting deficiencies, leasing, operations, draining, cleaning and/or removal. Additionally, the Government may periodically inspect the containment system.

c. The Purchaser shall remove and clean up any residual fluids, spills and waste generated from the residual fluids IAW host installation requirements, Federal, State, and local regulations. Host spill response procedures shall be followed by the Purchaser for any spills that occur while on the installation. The

Purchaser shall provide proper containers, labels, and any supplies required for labeling. The Purchaser shall containerize the residual fluids and related waste in UN approved, Department of Transportation (DOT) shippable containers. The Purchaser shall ensure the appropriate sized containers are utilized for the amount of waste being containerized to ensure maximum amount of container space is utilized. The Purchaser shall ensure the containers are authorized Performance Oriented Package (POP), DOT compliant for hazardous waste being shipped. The Purchaser shall mark, label and palletize all containers IAW with all Federal, State and local regulations. Disposal of collected residual fluids or related wastes is not included under the terms of this sale. The Purchaser shall ensure proper packaging, marking, labeling, and palletizing of all containers for proper manifesting and disposal. The Purchaser and Government will jointly inspect the full Hazardous Waste containers and agree in writing to their status. When the Hazardous Waste containers are full, labeled, and marked, they will be placed in the designated storage location by the Purchaser.

Purchaser shall remove and dispose of any full containers containing POLs and waste specifically generated by the DEMIL/MUT process. Fluids or waste, including but not limited to POLs, antifreeze, fuel, spill response waste, may be collected in the same approved UN container only if they are like commodities.

Mixing/comingling of differing types of fluids or waste within the same approved UN container, regardless of

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Government. The Purchaser agrees that their personnel and equipment are subject to safety inspections by

Government personnel while on Federal property.

5. Purchaser may be required to return property to DLA Disposition Services under limited circumstances:

a. Controlled Material Located at Point of Resale – Material issued to the Purchaser may later become required by the Government. The material shall be returned at no cost to the Government as directed by the

SCO.

b. Material Resold - Not Removed from Point of Resale – Purchaser may have resold items as scrap or with mutilation or DCOS and later become required by the Government. The material shall be returned to

Government control as directed by the SCO. The Purchaser shall not be reimbursed for lost proceeds but may pass on cost incurred by their Resale Buyer based upon evidence of the expense. Returns from a DLA

Disposition Services’ scrap yard to the scrap yard’s owning site shall be considered to have no associated costs.

c. Material Resold - Removed from Point of Resale – Purchaser may have resold items that the Resale Buyer has physically removed from the point of resale and not yet rendered scrap via DEMIL/Mutilation and later becomes required by the Government. Within three (3) business days of the DLA Disposition Services notification, Purchaser shall notify their customer and facilitate the item’s return if the Resale Buyer has not destroyed it. The Purchaser shall initially contact their customer by either e-mail or registered letter. If the Resale Buyer is non-responsive to the initial request or fails to return the material, Purchaser is responsible for contacting the Resale Buyer again within fourteen (14) business days of the initial contact via a registered letter. DLA Disposition Services shall advise the method for return based on the applicable item and shall reimburse the Purchaser’s transportation costs associated with the return of the material.

d. No Purchaser Returns of Non-Hazardous Material- Purchaser does not have right to return unsaleable material or material with low to no sales profit margin. The Government recognizes that some commodities shall be delivered that represent recycling challenges (tires, wood, scrap furniture, textiles and other non-metallic material) that shall require unique and challenging solutions. The Government shall not reimburse for disposal or land fill costs for any material referred in this contract.

6. All military markings and data plates are to be completely destroyed during the DEMIL/MUT process. All

Technical Data is considered DEMIL/MUT-required and shall not be thrown away as dunnage. DEMIL/MUT of

Technical Data, Drawings, CD’s, Manuals, etc… shall be destroyed by burning, cross-cut shredding or pulping

IAW the DEMIL Manual.

Sale by Reference Articles and Paragraphs

Section 3: General Terms and Conditions

1. This is not a service contract administered in accordance with the Federal Acquisition Regulations (FAR).

This is a public sales contract for the sale of scrap pursuant to provision in Title 40, US Code, Chapter 5 wherein the Purchaser is agreeing to conduct Demilitarization and Mutilation of the property as a condition of sale. The Government is not responsible for any indirect or inconsequential expenses related to performance under this public sales 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. Purchaser 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 site. Example: Pass and ID requirements, antiterrorist training, Safety and Health, Environmental Management Systems (EMS) policies and/or equipment training.

2. The Agency has the discretion to determine the items to be sold to Purchaser regardless of Federal Supply

Code or location. Purchaser has no right to any property that is not issued under the terms of this public sales contract. The Agency reserves the right to sell property that otherwise could be issued under this public sales contract through other offerings or public sales contract means.

3. All property covered under this public sales contract is being sold as is, where is, with no warranty or guarantee of use or salability expressed or implied. No request for adjustment in price for any item or rescission of the sale will be considered.

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4. This is not a requirements contract requiring the delivery of all the Agency’s excess and surplus generations of a particular type of property at a location. In this public sales contract, the Agency is obligated to sell at least the estimated annual generation of the property offered for sale designated in the Item Description of the property within the terms of the Adjustment for Variation in Quantity or Weight clause (Sale by Reference (SBR) Part 4, Condition 5).

5. The future volume, quality, condition, market value, types (i.e., distribution of property referrals across Federal Supply Classes (FSCs)), and geographic concentrations (i.e., referrals for sale at delivery points) of the property cannot be predicted. Applicable statutes, regulations, policies and inter-service agreements govern whether the disposition of particular items of surplus is through the Agency or through other disposition methods. The volume and nature of the property referred for sale under this public sales contract could be affected by such changes.

6. The items in this Invitation For Bid are offered for sale as is and where is in accordance with Condition

2, Part 2, Sale of Government Property General Sales Terms and Conditions, Defense Logistics Agency

Disposition Services, Sale by Reference, incorporated by reference herein. The Government makes no warranty, expressed or implied, regarding information provided relating to the possible presence of potentially regulated material.

7. Purchasers should exercise caution incurring obligations based on an anticipated three month performance period as the three month period refers only to the amount of time the agency will have to meet its commitments to provide the estimated quantities of scrap to the Purchaser. It does not confer any right to receive scrap throughout the three month period; instead the Agency promises only to provide the estimated quantities subject to variations as authorized by SBR Part 4, Article 5 as adjusted by the terms of this

IFB.

8. Purchaser shall not be allowed to sell material at the Agency site. All sales of material shall occur after removal from the Agency’s site.

9. Purchaser may sub-contract with other entities to perform the special terms and conditions required for sorting, segregating and removal of scrap at Agency sites. All sub-contractors shall be approved by the

Government and shall comply with all terms and conditions of this IFB. Sub-contractors shall be vetted through the same process as the Purchaser as described throughout this public sales contract. Failure of sub-contractors to perform the special terms and conditions required under this sale are grounds for default and shall result in termination if not cured. The Purchaser’s contract with the sub-contractor shall include Sales by Reference, Part 5, Article C, subparagraphs a through c.

10. Purchaser shall not undertake the following activities without written permission from the SCO, which permission may be granted or withheld by the Agency in the exercise of its sole discretion:

(A) Enter into a partnership, joint venture or other arrangement where the purpose or effect is to engage indirectly in a transaction that would be prohibited by the provisions of this public sales contract if undertaken by the Purchaser directly; or

(B) Enter into contracts or other arrangements that would assign all or substantially all responsibility for and control of performance of the contract to another party or parties, without the prior written approval of the Agency which shall consider such request in accordance with the Assignment of Claims Act of 1940, as amended, 41 U.S.C. sec. 15, and the Government's best interest. In the event of any improper assignment without the written approval of the Agency, this public sales contract shall be terminated at the option of the Government in the exercise of its sole discretion; or

(C) File a voluntary petition seeking liquidation, reorganization, arrangement or readjustment, in any form, of its debts under Title 11 of the United States Code (or corresponding provisions of future law) or any other Federal or state insolvency law; file an answer consenting to or acquiescing in any such petition;

make any assignment for the benefit of Purchaser’s creditors; or admit in writing Purchaser’s inability to pay its debts as they mature, without the prior written consent of the Agency.

11. Any weight offered or described in in this IFB was based on historical information from previous sales and are estimates only.

12. Purchaser acknowledges that during the performance of this public sales contract, changes in Government processes, procedures, policies, regulations or laws could result in a large volume of material being turned in to the Agency that could ultimately be referred under this public sales contract. The Agency and the

Purchaser agree to cooperate and institute special procedures as necessary in connection with processing

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13. Weighing will be completed and documented on DLA Form 1367 with the cordination of the Government using one of the following methods to provide weight tickets:

a. Government owned certified scales located on Government installation. Purchaser’s conveyance will be weighed empty upon entrance of the Government installation and weighed with a full load upon exiting the

Government installation.

b. Certified scales not located on Government installation. Purchaser shall not be reimbursed for transportation costs associated with the weighing process, including the cost of transportation to and from the scale. The Purchaser is solely responsible for costs associated with the use of a public certified scale.

c. All weighing will be observed by both parties, recorded on a DLA Form 1367 (filled out by GOVERNMENT personnel) and signed by both parties prior to release.

14. Post-Award, Inspections, Audits, Investigations and Reconciliations:

a. The SCO or designated representative with or without notice will perform inspections on worksites, facilities, permits, licenses, financial and other business related documents at any time during the term of this public sales contract.

b. External auditors may select to audit records and processes related to this IFB and/or resulting contracts.

c. Monthly reconciliations of removals, billing, payment and performance measures will be conducted and results will be provided to the Purchaser by the SCO.

d. Purchaser shall cooperate fully with the Government when informed by the Agency of an ongoing investigation by any DOD or Federal Government investigation service or agency or during the Agency’s

Compliance Reviews or Audits. Purchaser shall provide the Agency with all requested information regarding material or information relating to the Purchaser’s Buyers or sub-contractors. Purchaser shall make all sales records pertaining to such investigations available to the Agency at the earliest available opportunity but no later than three business days from the date of the request. Requests for information shall be provided in electronic format when possible. Purchaser personnel with knowledge of the particular subject matter shall be available to cooperate with any Government investigation.

15. Performance Measures Requirements and Reports:

a. Quality Assurance Surveillance Plan (QASP).

b. Contract Performance Report (DLA 2533): The Agency will complete a DLA Form 2533 Contract Performance

Report (CPR) and submit to the SCO for any issue in questions to receive resolution.

c. Report of Discrepancy (SF 364): Reports of Discrepancy (ROD) (i.e. shipping, packaging etc.) will be initiated by the Purchaser for any questionable item within five business days of receipt of property.

Purchaser shall complete SF 364 ROD and submit it to the Agency personnel on site for any property or shipment in question to receive resolution. When resolved locally, the SF 364 will be completed and sent to the SCO. When resolution cannot be made locally, the property will be segregated and identified by the

Report Number. A copy of the SF364 will be stored with the property until final disposition has occurred.

(See Addendum A0008100 for example forms)

16. Purchaser shall 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 Agency. Purchaser’s worksite will be safe and free of hazards IAW Occupational Safety &

Health Administration (OSHA) standards. Purchaser shall provide appropriate Personal Protection Equipment

(PPE) for their employees.

17. Purchaser and Purchaser sub-contractors shall also comply with all Host facility Safety, Environmental and Security requirements.

18. Purchaser and Purchaser sub-contractors shall comply with all Federal, State, Local and Department of

Transportation rules and regulations while transporting scrap materials on post and to its ultimate destination.

19. 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 of loading and DEMIL/MUT operations. All work shall be completed and performed IAW the best practices of the trade and in compliance with all- applicable Federal, State, local

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20. Environmental and Human Safety Notice:

a. 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 Purchaser’s premises and/or the intended disposal facility may be subject to an on-site inspection by a Government representative. All offerors are advised that they shall 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 Department of Defense.

21. The responsive apparent high bidder shall be required to submit a completed and signed DLA Form 2536

Statement of Intent (SOI) Completed (Parts 1-6).

a. The apparent high bidder shall identify all property destination(s) in Section 2 of the SOI including those destinations that will be receiving removed POLs, other material from the drain and purge, and

DEMIL/MUT operations.

b. Environmental Responsibility Determinations (ERDs) will be performed on all SOI destinations. ERDs take up to 10 business days and if negative findings are not mutually resolved by the parties, the Purchaser will not be authorized to use the proposed destination.

c. At any time during the performance period of the sales contract where an alternative destination not listed in the SOI would be required, the Purchaser shall provide an updated SOI for an ERD to be performed on the proposed destination prior to use.

22. Environmental Responsibility Determination:

a. The Environmental Support Branch of Disposition Services will conduct an Environmental Responsibility

Determination (ERD) on sale destinations to verify if the Department of Defense (DOD) purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, State, and local regulations.

23. Resource Conservation and Recovery Act:

a. This material may ultimately be subject to EPA Hazardous Waste Regulations, 40 CFR Part 260 et seq. Civil and criminal penalties are available for noncompliance. Purchaser is cautioned that they are solely responsible to ascertain the extent to which these regulations affect it and to comply therewith.

24. Pollution Prevention and Right-to-Know Information Definitions. As used in this clause:

a. Priority chemical means a chemical identified by the interagency Environmental Leadership Workgroup or, alternatively, by an Agency pursuant to Section 503 of Executive Order 13148 of April 21, 2000, Greening the

Government through Leadership in Environmental Management.

b. Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65. Executive Order 13148 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-

Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C.

13101-13109).

c. The Purchaser shall provide all information needed by the Federal facility to comply with the following:

1. The emergency planning reporting requirements of Section 302 of EPCRA.

2. The emergency notice requirements of Section 304 of EPCRA.

3. The list of Safety Data Sheets required by Section 311 of EPCRA.

4. The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

5. The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

6. The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of Section

502 and 503 of Executive Order 13148.

25. Compliance with Export Control Regulations:

a. Bureau of Industry and Security (BIS).

i. The BIS advances U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system, and by promoting continued U.S. leadership in strategic technologies. BIS accomplishes its mission by maintaining and strengthening adaptable, efficient, effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes. If required, on Destination Control Statement BIS form 711 (All exports of CCL not designated as EAR99, unless export is made under License Exception BAG or GFT). The minimum BIS statement is as follows: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end- user(s) herein identified. They

Printed on:12/31/2019 13:06:27 EST Page: 9 may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by

U.S. law and regulations.” https://www.commerce.gov/bureaus-and-offices/bis ;

ii. U.S. Export Administration Regulations (EAR):

1. Links to important EAR information for exporters.

https://www.state.gov/strategictrade/resources/c43182.htm ;

2. U.S. Department of Commerce, Bureau of Industry and Security: https://www.commerce.gov/ ;

3. Bureau of Industry and Security Mission: Advance U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S.

strategic technology leadership.: https://www.bis.doc.gov/

26. Disposition and Use of Property:

a. The Purchaser represents and warrants that the ultimate destination use, and disposition of the property shall be IAW with the terms and conditions of section 2 paragraph 1 and shall be in accordance with the End

Use Certificate (EUC) DLA Form 1822 submitted and approved by the SCO.

b. When property is annotated "Cat II" in the item description, changes to the Bidder's EUC will require the prior written approval of the SCO.

c. The Purchaser further shall also notify in writing any and all subsequent Purchasers or Receivers of this property regarding the provisions of this article and of the Purchaser's EUC relative to the authorized destination; the requirement for approval by the SCO of any change of such destination prior to exportation thereto; the specific United States restrictions on exports and re-exports directly and indirectly to denied areas or other prohibited destinations that may have been specified in this public sales contract; the documentation (e.g., IC/DV documents, lading certificates, answers to follow-up requests) that may be required; and the United States sanctions against violators. Subsequent Purchasers and Receivers shall also agree to make similar notification to its Purchasers and Receivers. Any unauthorized disposition of the property shall be the responsibility of such sub- Purchaser or sub-receiver and, where at fault, of the original Purchaser from the United States.

d. When property purchased under a single contract is intended for more than one destination, the Purchaser shall submit, with the End-Use Certificate, a listing of those items specifying quantities intended for each destination and consignee. The Purchaser further shall also to furnish the listing referred to herein with each request for approval of a change in destination.

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

f. On those items requiring resale approval, the Purchaser shall maintain detailed records of their disposition and shall provide such records to the SCO whenever so requested.

g. The Trade Security Control actions required by paragraphs (a) through (c) of this article will be applied to all items included in the original sale. Resale breakdowns of such sales will still be subject to the same control requirements applicable to the original sale.

27. The Government does not imply that the scrap residue offered is marketable, eligible for resale, or permitted for export to other countries:

a. Chapter 39 of Title 22, United States Code (U.S.C.), also known as “The Arms and Export Control Act”.

b. Parts 120 through 130 of Title 22, Code of Federal Regulations (CFR), also known as the “International

Traffic in Arms Regulations (ITAR).”

c. Parts 730 through 774 of Title 15, CFR, also known as the “Export Administration Regulations (EAR).”

d. This is not a sale by sample. The Purchaser shall not reject property issued under the terms of this public sales contract, unless an item is outside the scope of the public sales contract. The GOVERNMENT is the sole authority of determining condition code and determining whether property is considered scrap under its property regulations and thus eligible for referral under this public sales contract. Purchaser’s opinion on whether the property is able to clear customs, sell or market, or the availability of customers for items have no bearing on whether the Government considers the property scrap. No changes, modifications, or reductions of price will be applied. Under no circumstances is culling for effecting partial or incremental removals authorized.

28. Classified Material: Performance of this public sales 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

Printed on:12/31/2019 13:06:27 EST Page: 10 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.

29. Material Potentially Presenting an Explosive Hazard (MPPEH): Performance of this public sales contract does not require nor authorize the Purchaser to handle MPPEH. Despite all best efforts by the Government, MPPEH may 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.

30. Radioactive Property: Performance of this public sales 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 RO outlined below. The Agency will arrange for pick up and removal of such material.

31. Billing and Payment Information:

a. Transactions from the 25th of the current month to the 24th of the following month will be invoiced for the billing cycle.

b. Types of acceptable payments:

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

currency. Payments by Electronic Fund Transfer (EFT), cashier’s check, certified check, travelers check, bank draft, money order or credit card (Master Card, Visa, Discover Card, and/or American Express). Make checks payable to the U.S. Treasury are acceptable. 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 transaction to $24,999.99. Transactions greater than $24,999.99 cannot be split into two or more credit card transactions. Bidders whose payment is accompanied by a letter of credit or who have on file an approved bid bond (SF 24 or SF 34) may make their payments by uncertified personal or company checks, but only up to an amount equal to the penal sum of their bond or the amount of their letter of credit.

Address all hand-carried or delivered payments to the following:

DLA Disposition Services

ATTN: Cashier

74 N. Washington St.

Battle Creek, MI 49037

Credit Card payments within the United States can be made using the website at:

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217

Should Purchaser need to make a payment for less than $1.00, the website credit card payment method cannot be used. Instead, Purchaser will be required to complete the manual credit card form and fax it to (269)

961-7230.

32. How to submit Payment:

a. All Payments should be addressed and mailed or delivered to:

DLA Disposition Services

ATTN: Cashier

74 N. Washington St.

Battle Creek, MI 49037

b. Credit Card payments may be faxed to: (269) 961-7230.

c. Credit Card payments within the United States can be made using the web site at:

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217

d. Should you need to make a payment for less than $1.00, you cannot utilize the web site credit card payment method. You will need to complete the manual credit card form and fax it to (269) 961-7230.

e. NOTE: It is recommended to send payment confirmation to SCO when submitting payment to DFAS.

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33. Payment Confirmation: The Government does not provide payment confirmation. Purchaser shall submit proof of each payment to the SCO, showing type of payment, amount and date submitted. The SCO will ensure payment is applied to the Purchaser’s account.

34. Consequences of late or short payments:

If full payment is not received within 30 calendar days of the bill, interest shall 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, the Government will collect from the pre-payment taking offset action against any of the Purchaser’s unpaid invoices. If the debt is forwarded to the DFAS Debt Management Office, Contract Pay Services, Columbus, Ohio; the Purchaser shall 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, the Government 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, shall transfer the delinquent debt to the Department of Treasury for further collection. Because of this transfer, the following actions may be taken:

i. The debt shall be subject to the Department of Treasury offset from Federal payments due (owner or 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.

ii. The debt may be reported to a credit bureau.

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

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

The Purchaser may inspect and/or request a copy of the records pertaining to this debt. If the Purchaser believes the debt is invalid or the amount is incorrect, please contact the SCO immediately. If the

Purchaser is financially unable to pay the full amount of the debt, the Purchaser may request a written agreement to pay the debt in installments. The Purchaser’s request for an installment agreement shall 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 the Notice of Award document.

35. Disputes, Request for Equitable Adjustment (REA), and Claim Procedures:

a. The Purchaser shall separate all disputed property from the processing area into a segregated area until the dispute is resolved. Attach a SF 364 Report of Discrepancy (ROD) to the disputed property and submit a copy to the SCO for resolution.

b. Contract Disputes Act of 1978, 48 CFR 52.233-1 Disputes (May 2014):

i. This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

ii. Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

iii. “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Purchaser seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C chapter 71. The submission may be converted to a claim under 41 U.S.C chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

iv. A claim by the Purchaser shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the SCO for a written decision. A claim by the

Government against the Purchaser shall be subject to a written decision by the SCO.

v. The Purchaser shall provide the certification specified in sub paragraph iii of this clause when submitting any claim exceeding $100,000.

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vi. The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

vii. The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Purchaser believes the Government is liable; and that I am authorized to certify the claim on behalf of the Purchaser.”

viii. The certification may be executed by any person authorized to bind the Purchaser with respect to the claim.

ix. For Purchaser claims of $100,000 or less, the SCO shall, if requested in writing by the Purchaser, render a decision within 60 days of the request. For Purchaser -certified claims over $100,000, the SCO shall, within 60 calendar days, decide the claim or notify the Purchaser of the date by which the decision will be made or notify the Purchaser of an extension.

x. The SCO’s decision shall be final unless the Purchaser appeals or files a suit as provided in 41 U.S.C chapter 71.

xi. If the claim by the Purchaser is submitted to the SCO or a claim by the Government is presented to the

Purchaser, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR).