A0008741 Railroad ties published.pdf

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General Details:

Product Information(for each line):

Line Item 1

Sales Information

Description

INVITATION FOR BID (IFB)

FOR SALE OF

Reclaimed Railroad Ties (HM)

IFB A0008741

SEALED BID

TERM SALE

For

DLA Disposition Services Camp Lejeune, North Carolina

Offer Closing Date/Time: May 15, 2024 Battle Creek, Michigan, USA

Inspection Period Begins April 15, 2024 By appointment only

Sales Point of Contact (SPOC):

Robert Strickland, Email: Robert.Strickland2@dla.mil Phone: 910-238-3642

Jennifer Wisniewski, Email: jennifer.wisniewski@dla.mil, Phone: 252-503-5326

Sales Contracting Officer: Jay Armstrong

EMAIL: jay.armstrong@dla.mil

PHONE: 269-961-4469

Admin. Sales Contracting Officer: Shawn Ricketts

EMAIL: shawn.ricketts@dla.mil

PHONE: 269-986-6206

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

Auction Number & Title A0008741 / Reclaimed railroad ties

Contract/Sales Order Number

Publish Start Date 04/15/2024 11:16:35 EDT

Auction Closing Date 05/15/2024 11:16:35 EDT

Sales Type Term Quantity/Sealed Bid

Contract Start Date 06/03/2024

Contract End Date 06/02/2027

Target Group/Business Partners

Bid Type Sealed Bid

Auction Duration 30 day(s)

Start Price 0.01 USD

Pricing Method Per-unit Pricing

SL0000101 Items offered as EA (Each)

DTID:-- Demil Code:-- Qty/UI:8000/EA Fld Off:JSQZ/DLA DS Lejeune

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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:

A.9 Sales Point of Contact (SPOC):

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 Post-Award Conference:

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 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 Property:

I.7 Demilitarization Code Assignment:

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I.8 Safety of Use Message (SOUM) property:

I.9 Miscellaneous Debris and Dunnage:

I.10 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.11 Title Transfer:

I.12 Notice of Default:

I.13 Response to Notice:

I.14 Termination for Default:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Letter of Authorization (LOA):

K.2 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

K.3 Purchaser Use of Sub-Contractors:

K.4 Containers:

K.5 Container size and quantity:

K.6 Removal and Replacement of Containers:

K.7 Segregation and Sorting of material at Agency Locations:

K.8 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 is 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

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Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a three-year term contract for purchase of used DEMIL A railroad ties 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 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 to register for enrollment in the Defense Biometric

Identification System (DBIDS).

A.2 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx

DLA Auction Site: https://www.sales.dla.mil/dlab2b/init.do

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:

Used railroad ties designated as hazardous material (HM) with a RCRA hazard of “D”. Hazardous contaminant is creosote 15% creosote to 85% wood. Used railroad ties designated as hazardous material (HM) with a RCRA hazard of “D”. Hazardous contaminant is creosote 15% creosote to 85% wood. There are restrictions regarding reuse of these materials – please see Section I.6.

The material issued under this contract shall be assigned a Demilitarization Code of A and will be categorized into the material code listed below. Over the duration of the performance period the Government guarantees to issue the Purchaser a minimum total quantity equal to the “Minimum Guaranteed QTY (EA.)” identified per item listed in Table 1. The maximum total quantity the Government could issue during the base period is the “Maximum Allowed Qty (EA.) per item listed in Table 1.

A.4 Table 1: IFB Item Number Details:

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

Item Material Code Total QTY

(EA) Minimum Guaranteed QTY (EA) Maximum Allowed QTY (EA)

10 5510 DSLUMBERW 24,000 12,000 50,000

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.

A.5.1.1 CLIN A.5.1.2 MATERIAL A.5.1.3 A.5.1.4 DESCRIPTION

10 5510 DSLUMBERW Creosote Treated Wood, used, in the form of reclaimed railroad ties.

A.6 Packing:

Property is loose on the ground.

A.7 Loading and Removal:

Monday-Friday 9:00AM-2:00PM Pacific Standard Time (EST) excluding federally recognized holidays. Purchaser

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Pick up location(’s):

At the following Receipt in Place (RIP) locations:

• 6280 Sunny Point Road SE Southport, NC 28461

Container(s): The Parties agree to initiate discussions regarding container specifications at the onset of work meetings, with the aim of establishing mutually acceptable requirements for the transportation, storage, and delivery of goods or materials as outlined in this IFB.

Container specifications may include, but are not limited to, size, type, material, weight capacity, and any other relevant factors that impact the handling and transportation of goods. The agreed-upon container specifications shall be binding upon both Parties and considered an integral part of the contractual obligations.

A.8 Inspection:

Monday-Friday 8:00AM-2:00PM 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.

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

A.9 Sales Point of Contact (SPOC):

Robert Strickland, Email: Robert.Strickland2@dla.mil Phone: 910-238-3642

Jennifer Wisniewski, Email: jennifer.wisniewski@dla.mil Phone: 252-503-5326

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 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Full clause text included in attachment. 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.”

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

FAR Provision 52.204-25 titled, “Prohibition on Contracting for Certain Telecommunications and Video

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

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

Full clause text included in attachment.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in DLA 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

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

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 & 34

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: 5

C.5 SBR Part 5:

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

Article D(a) is amended to: The Purchaser shall, at no expense to the Government and prior to contract performance, will confirm with the Sales Contracting Officer the following Certificates of Insurance will be effective throughout the term of the contract or any extensions thereof.

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: Does not apply.

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.

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:

The bid shall consist of an amount per unit of issue specified in U.S. currency. Be advised certain risk factors could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions related to determining the bid.

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

Printed on:04/15/2024 11:16:44 EDT Page: 7 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 DLA 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:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A.

Bidder shall enter bid as a price per unit of issue not to exceed five decimal places (example 0.01005).

Minimum bid is .01 per unit of issue. Multiply your bid price by the quantity indicated in the “Total QTY” column advertised to calculate your extended bid amount.

The highest priced bid will be determined by each bidder’s total contract price identified in the “total amount” on the SF114. “Total Amount” block on the SF 114 will be equal to the cumulative total from all

CLINs from column “Total Price Bid” on the SF 114A.

The bidder with the highest “TOTAL AMOUNT” bid will be considered the apparent high bidder 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. The awarded company must possess all appropriate license for all items or have sub-contractors with appropriate licenses to remove all Items. Award will not be made to a bidder who demonstrates a capability to remove some, but not all, of the items listed in the IFB.

For illustrative purposes, if the one item advertised for sale in the IFB are in each, CLIN 1- 24,000 EA.

Bidder A bids- CLIN 1 $0.10, “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN.

Example 2 shows Bidder A’s “Total Amount” equals $2,400 for all CLINs awarded (24,000 “Total Amount” times

.010 equals $2,400. Do not email bids or call-in bids directly to the SCO. Email bid to:

DRMSSALESBIDS@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:

• 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 rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

D.6 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, by submitting 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

Printed on:04/15/2024 11:16:44 EDT Page: 8 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 Sales Contracting

Officer 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-

38.205. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $2,400

“Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $2,200 “Total Amount,” then Bidder A is the apparent high bidder 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:

• Officially 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).

D.9 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (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 Apparent High Bidder 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 ten 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 Disposition Services conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the Statement of Intent. Do not list downstream recipients of processed property.

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. Purchaser is not authorized to process

Government material at a site other than those listed on the SOI.

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 sub-contractor) 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.

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D.12 Contract Award:

The SCO shall determine if each bid is responsive prior to 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 § 102-38.205, 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 apparent high bidder, you will receive a Statement indicating the amount of payment due. Submit payment within ten business days of the Statement.

When payment is posted and confirmed by the SCO; and all other vetting has been completed, the official signed Notice of Award will be sent to the Purchaser. At this time the post award conference for the start of work meeting will be scheduled. Purchaser shall have 30 calendar days from this official notification to become fully mission capable.

D.13 Post-Award Conference:

The Government shall conduct a post-award conference within 10 calendar days after award. The purpose of the conference 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 post award conference. 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. After this meeting processing and removals will be authorized.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of 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

Printed on:04/15/2024 11:16:44 EDT Page: 10 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 Deposit:

The Agency shall retain the deposit until the completion of the contract closure period, no later than 120 calendar days after the end of the performance period. The deposit shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the deposit, without interest, to Purchaser at the completion of the contract closure process.

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 consists of a 36-month base period, followed by two 12-month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six-month extension period that may be offered at the

SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract.

In the event the extension is utilized, the SCO shall advise the Purchaser in writing 30 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. The entire length of the contract, if all option periods and extension are used, shall not exceed five years.

For any option period issued after the base period that is issued, such as with a six-month extension period, the minimum and maximum per contract line item for that period will be adjusted and calculated as a percentage of the stated base period requirement. For illustrative purposes, if contract line item 1 had a requirement for 15,000 ties over 3 years that is subject to Part 4, Paragraph 5 of the SBR, then a one-year option period for contract line item 1 would have a requirement of 5,000 ties subject to Part 4, Paragraph 5 of the SBR. This would mean the minimum guaranteed quantity in the option year would be 2,500 ties and a maximum quantity that could be issued in the option is 7,500 ties.

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 there to 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.

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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 DSLUMBERW and had bid

$0.01000 per each for this contract line item and if Purchaser A removed 1,000 each of DSLUMBERW for the month of January, then Purchaser A would be billed $10 (1,000 each times the bid price of $0.01000 per each per contract line item 1 DSLUMBERW).

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), 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 transactions 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 FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

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

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

Printed on:04/15/2024 11:16:44 EDT Page: 12 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 Sales Contracting

Officer listed on your award document.

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

The material is received as Each (EA) unit of issue at the receipt-in-place (RIP)location. The Agency has established field locations and other receipt-in-place 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, 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.

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.

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I.6 Hazardous Property:

These creosote-treated rail-road ties (CTRTs) are being sold for reuse, not for disposal. CTRTs are not subject to regulation by EPA under pesticide laws. Per 40 CFR 241.4(a), they can be burned (assuming that there is no other state level regulation that would apply or be more restrictive) as a non-hazardous secondary material but ONLY if the following parameters are met:

• Creosote-borate and mixtures of creosote, copper naphthenate and copper naphthenate-borate treated railroad ties that are processed and then combusted in the following types of units: (i) Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut down operations; (ii) Units at major source pulp and paper mills or power producers subject to 40 CFR 63 Subpart

DDDDD that had been designed to burn biomass and fuel oil, but are modified (e.g. oil delivery mechanisms were removed) in order to use natural gas instead of fuel oil as part of normal operations and not solely as part of start-up or shut down operations. Such units in (ii) must be existing stoker, bubbling bed, fluidized bed or hybrid suspension grate boilers where the OTRT comprise no more than 40 percent of the annual fuel load for that boiler. Also, units meeting (i) and (ii) can be designed to burn coal as well.

• Copper naphthenate treated railroad ties combusted in units designed to burn biomass, biomass and fuel oil, or biomass and coal.

• Copper naphthenate-borate ties combusted in units designed to burn biomass, biomass and fuel oil, or biomass and coal.

Additional regulations regarding the re-use of CTRTs vary by location/State. The onus for determining legal reuse options is on the purchaser. The method of reuse or energy recovery must be clearly specified on the

Statement of Intent (DLA Form 2536, Section 3). Final destinations accomplishing re-use by way of energy recovery or burning (i.e. biochar) must have the applicable permits submitted with the Statement of Intent for review by the DLA Environmental Support Branch during the Environmental Responsibility Determination

(ERD) stage of the award.

I.7 Demilitarization Code Assignment:

Other 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 notice. The Agency has no control over the Demilitarization coding of individual items or commodity streams. The Agency’s customers determine material for turn-in. The Agency cannot forecast future commodity streams or quantities. Historical quantities are provided for planning purposes only and are not indicative, warranted, or guaranteed in any form that may indicate future commodity streams or quantities delivered under this contract.

I.8 Safety of Use Message (SOUM) property:

At the Government’s discretion, certain items may be deemed unsafe for use as identified in a SOUM. Under the terms of mutual agreement, Purchaser may elect to perform the required scrapping or return any items to the Government.

I.9 Miscellaneous Debris and Dunnage:

Any open container is susceptible to miscellaneous debris, which may include but shall not be limited to cardboard, dirt, sand, snow, water, rocks, glass, rubber pieces, wood chips, etc. Miscellaneous Debris and

Dunnage shall be no more than 20% of the total SCL weight per removal. Amounts in excess of 20% can be resolved locally or brought to the SCOs attention by initiating a SF364 ROD. The weight of miscellaneous debris and dunnage is an important factor in determining bid amounts.

I.10 Standard Form (SF) 364 Report of Discrepancy (ROD):

When the Purchaser identifies any discrepancy or questionable item for which it believes an adjustment is, or may be warranted, the Purchaser shall initiate a SF 364 ROD (i.e., shipping, packaging, non-conforming tenders, billing errors, etc.) Purchaser shall complete SF 364 ROD and submit it to the SCO. The property in question must be segregated and stored, by the purchaser until the SCO has completed their determination.

The Purchaser must submit with their ROD any evidential matter that supports their ROD. This documentation could include, but would not be limited to, MROs and 1367s that apply to the discrepancy, photos, weight tickets from a certified scale.

No adjustment(s) will be made unless the Purchaser notifies the Sales Contracting Officer of any discrepancy or questionable item by written notice, within 30 calendar days after removal of the property. If the discrepancy relates to an alleged billing error and cannot be discovered until receipt of the billing statement, the foregoing shall apply except the Purchaser shall have 30 days from receipt of the billing

Printed on:04/15/2024 11:16:44 EDT Page: 14 statement to file a ROD. Failure to submit the written notice within 30 days will result in your discrepancy or questionable item being rejected without any action taken by the SCO.

The SCO will provide a decision within 30 days on the ROD being submitted by the purchaser.

I.11 Title Transfer:

Title shall transfer when, the DLA Form 1367 released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, when removed from Government premises. A Certificate of Release, SF 97, is not provided for any item released under the terms and conditions of this contract.

I.12 Notice of Default:

In the event of a material breach or default of the respective duties in the performance of this contract, the Agency, will serve written notice upon such material breach. The Agency reserves the right, based on the severity of the default, to pursue lesser means of resolution to the default other than written notice. The

Notice of Default, regardless of form, will provide corrective actions (cure) that must be taken and a date specific (cure date) to be completed. Failure to submit payment in full for monthly billing statements is directed by Treasury and DFAS Policies and the SCO has no discretion but to exercise actions stated in

Section H above.

The SCO will, based on the severity of the default, choose to:

• Resolve through informal discussions.

• Request the Purchaser to provide a written plan of action on how the default will be corrected, a specific date to be completed, and what procedures will be implemented to prevent reoccurrence of the default. (Show

Cause)

• Assess Liquidated Damages, normally in the form of storages charges or actual cost of repair.

• Terminate the contract.

The Agency may take any, a combination, or all, of the following actions to satisfy its claims for any non-payments or other damages:

• Present a claim against Purchaser.

• Present a claim upon the any other applicable insurance or surety policy.

• Seek appointment of a receiver or trustee for Purchaser.

• Seek monetary damages, restitution or any other legal or equitable remedy to which it is entitled.

• Assert any other right, claim, or remedy available pursuant to the Contract Disputes Act of 1978 (41

U.S.C. 7101-7109).

I.13 Response to Notice:

Except as otherwise provided, the breaching party may cure the material breach within 14 calendar days of such notice, referred to as the cure period. However, the notice may provide a longer cure period. The non-breaching party may withdraw the notice within the cure period or extend the cure period in writing.

I.14 Termination for Default:

Termination shall be effective immediately upon written notice by the government to the Purchaser (breaching party) served upon or after the date of such decision. If the Purchaser is terminated for default, the

Purchaser is put on notice that this acts as a Sales Contracting Officer’s Final Decision (SCOFD), and the

Purchaser’s appeal rights if incidentally not included within the termination for default letter, then the

Purchaser has been placed on notice of their appeals right that commences the time the Purchaser has to appeal the SCOFD because this SBR is incorporated into the Invitation for Bid.

Appeal Rights - This is the final decision of the Contracting Officer. You may appeal this decision to the

Armed Services Board of Contract Appeals (ASBCA). If you decide to appeal, you must, within ninety (90) calendar days from the date you receive this decision, mail, or otherwise furnish written notice to the

ASBCA and provide a copy to the Contracting Officer from whose decision the appeal is taken.

The notice shall indicate that an appeal is intended, reference this decision, and identity the contract(s) by number. With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s small claim procedure for claims of $50,000 or less or its accelerated procedure for claims of $100,000 or less. Instead of appealing to the ASBCA, you may bring an action directly in the

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United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C.

603, regarding Maritime Contracts) within 12 months of the date you receive this decision.

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

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.