Attachment 4 Invitation For Bid (IFB) Contract Example.pdf

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General Details:

Product Information(for each line):

Line Item 1

Sales Information

Description Jet A Fuel:

Fuel derived from: U.S. Oil, a refinery in Tacoma WA. They are producing it, loading it onto a barge, and then delivered to the Government.

The Government does not warrant any samples of this product to be representative of the entire quantity being offered under this sale.

Contamination including but not limited to water not to exceed 20% for the entire term of the contract.

The percentage of contamination doesn't apply to each removal, but to the cumulative quantity removed during the contract period.

For illustrative purposes only, if the purchaser at their own cost obtained sampling of their removals during the life of the contract and at the end of the contract showed contamination at 22% for the entire life of the contract (i.e. all removals totaled) and the limit of the contamination established in the IFB is 20% for the life of the contract, then 22%-20% would be 2%. This 2% would be the written request for adjustment/credit that would be based on the formula of 2% multiplied by the total quantity of the contract removed for the life of the contract would be the adjustment/credit.

Written request for adjustment/credit must be provided to the Sales Contract Officer (SCO) within fifteen

(15) calendar days after the contract ending date. Request for adjustment/credit must have documentation of evidence (from independently non-affiliated lab) to include the actual quantity removed and the actual quantity of contamination.

These items are controlled by the U.S. Government and ARE NOT authorized for export.

Total contract quantity is estimated.

Annual quantity of 800,000 gallons is estimated.

Demil A

DOT hazard Class: 3

DLA Disposition Services, hereafter referred to as 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 contract. The Agency reserves the right to sell property that

Auction Number & Title A0008145 / Jet A Fuel, Puget Sound WA

Sales Type Term Washpost/Sealed Bid

Contract Start Date 08/17/2020

Contract End Date 08/16/2021

SL0000104 Jet A Fuel, Puget Sound WA

DTID:-- Demil Code:-- Qty/UI:800000/GL Fld Off:JSZP/DLA DS Lewis

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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.

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 public sale under this contract could be affected by such changes.

The items in this invitation for bid (IFB) are offered for public 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.

Purchasers shall exercise caution incurring obligations based on an anticipated one (1) year performance period as the one (1) year period refers only to the amount of time the agency shall have to meet its commitments to provide the estimated quantities of property to the Purchaser. It does not confer any right to receive property throughout the one (1) year period; instead the Agency promises only to provide the estimated quantities subject to variations as authorized by Sale By reference (SBR) Part 4, Article 5 as adjusted by the terms of this auction.

The performance period of the public sales contract resulting from this IFB shall be limited to a one (1) year base period, followed by one (1) 12-month option period that may be exercised at the SCO's discretion.

The public sales contract also contains an available six (6) 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 IFB.

In the event the extension is utilized, the SCO shall advise the Purchaser in writing thirty (30) calendar days prior to the expiration of the current period of performance period. The extension may be utilized in thirty (30) calendar day increments, a combination of thirty (30) calendar day increments, or in its entirety. The entire length of the public sales contract, if all option periods and extension are used, shall not exceed two (2) years.

DLA Disposition Services POC (SPOC) Lewis Sales POC: ANTOINETTE HARDEMAN, 253-844-3862, ANTOINETTE.HARDEMAN@DLA.MIL

Alt POC: TIM OAKES, 253-844-3860, TIMOTHY.OAKES@DLA.MIL

Packing Material in storage tank J-146 B-2, a 1.8mil to 3.1mil gallon capacity tank.

ACCESS TO U.S. GOVERNMENT (USG) INSTALLATIONS

DLA Disposition Services or authorized personnel will provide the point of contact for the installation security office for the locations covered under this IFB. It is the sole responsibility of the purchaser to fulfill all requirements to gain access for property removal In Accordance With (IAW) terms and conditions of this sale. Purchaser is cautioned that due to fluctuations in security levels, additional security requirements may be imposed on the bidder to gain access to the USG installations at any time. Failure to gain access will lead to contract termination with liquidated damages applied.

Removal The SPOC will notify the Purchaser of required removal in writing. The Purchaser must have all requested property removed from site within Five (5) business days of the email notification from the DLA

Disposition Services SPOC.

The Government reserves the right to implement storage charges for property not removed within Five (5) business days after email notification has been given to the Purchaser.

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Contract Bid Price per Gallon charge may be applied by the Government for any item(s) that are not removed from the requesting site within Five (5) business days after written notice has been given to the Purchaser.

Property located at Fleet Logistics Center Puget Sound, 7501 Beach Dr. East, Port Orchard, Washington

Monday through Friday, 0800-1530 Local Time

Inspection The bidder is invited and urged to inspect the product to be sold prior to submitting a bid.

Any request for inspections should include the name and title of each individual wishing to examine the product. The offerer may at their own cost and expense, take samples not to exceed 5 gallons. The Government does not warrant any samples of this product to be representative of the entire quantity being offered under this sale.

Bidders interested in inspecting the property under this IFB located at Puget Sound WA may travel to the designated site to perform inspection and sampling for the purposes of bidding on IFB number A0008145. If the State or local community has “shelter in place” or “stay at home ” orders in place for COVID -19, bidders are authorized to travel as part of the Defense Industrial Base, Essential Critical Infrastructure

Workforce for the purpose inspecting property prior to bid opening. The awardee of this sale will also be authorized to perform the conditions of this sale as part of the Defense Industrial Base, Essential Critical

Infrastructure Workforce. The SPOC/SCO can provide letters of confirmation to any bidder to confirm status under Defense Industrial Base, Essential Critical Infrastructure Workforce guidance. Bidders should also be advised that both military installations and Disposition Service sites will be taking additional precautions for entry due to COVID-19. Bidders should contact the SPOC or SCO at least one (1) day before seeking entry to a military installation or Disposition Site in order to be informed on entry requirements.”

Monday through Friday, 0800-1530 Local Time

24 hour notice required prior to inspection.

Loading Purchaser will load and provide MHE.

Purchaser required to provide tank truck capable of removing 4,000 - 10,000 gallons per removal.

A 4" camlock, quick disconnect, and pump capable of suction required.

Product shall be removed to suction line in the tank.

The rate of removal will be coordinated locally. Rate of removal is 1-4 loads/day

Sale by Reference Articles and Paragraphs

The following general information and instruction and special conditions of public sales contained in DLA

Disposition Services pamphlet entitled "Sale by Reference" Instructions, terms and conditions applicable to

Department of Defense personal property offered for public sale by DLA Disposition Services, July 2012, are hereby incorporated by reference and become a part of this IFB and any contract resulting from acceptance of a bid submitted pursuant to this IFB.

Note: Where articles in the IFB contradict any articles in the Sale by Reference, the Articles in the IFB will over-ride the Sale by Reference.

SALE BY REFERENCE PART 1: GENERAL INFORMATION AND INSTRUCTIONS: As specified.

"Sale By Reference, July 2012"

PART 1; Par 1: RECEIPTS

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PART 1; Par 3: BID INFORMATION

PART 1; Par 4: PAYMENT & REMOVAL OF PROPERTY

PART 1; Par 6: STATE OR USE TAX

PART 1; Par 9: ORIGIN OF PROPERTY

PART 1; Par 10: LAW GOVERNING CONTRACT

PART 1; Par 11: TRANSLATION

PART 1; Par 15: JOINT BID

PART 1; Par 16: DENIAL OF ACCESS TO DLA DISPOSITION SERVICES FACILITIES

SALE BY REFERENCE PART 2: SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONS: As specified.

PART 2; Par 1: INSPECTION

PART 2; Par 2: CONDITION AND LOCATION OF PROPERTY

PART 2; Par 3: CONSIDERATION OF BIDS

PART 2; Par 5: BID PRICE DETERMINATION

PART 2; Par 6: PAYMENT

PART 2; Par 8: DELIVERY, LOADING, AND REMOVAL OF PROPERTY

PART 2; Par 10: SETOFF OF REFUNDS

PART 2; Par 11: INTEREST

PART 2; Par 12: ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT

PART 2; Par 14: RISK OF LOSS

PART 2; Par 15: LIMITATION ON GOVERNMENTS LIABILITY

PART 2; Par 16: ORAL STATEMENTS AND MODIFICATIONS

PART 2; Par 17: COVENANT AGAINST CONTINGENT FEES

PART 2; Par 18: OFFICIALS NOT TO BENEFIT

PART 2; Par 19: CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

PART 2; Par 20: ASSIGNMENT OF CONTRACTSPART 2; Par 13: WEIGHING, SWITCHING, AND SPOTTING

PART 2; Par 21: CLAIMS LIABILITY

PART 2; Par 23: ELIGIBILITY OF BIDDERS

PART 2; Par 24: REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS

PART 2; Par 25: DEFINITIONS

PART 2; Par 26: PRIVACY ACT NOTICE

PART 2; Par 27: LAWS AND REGULATIONS

PART 2; Par 28: PALLETS AND CONTAINERS

PART 2; Par 29: STORAGE CHARGES

PART 2; Par 31: GUARANTEED DESCRIPTIONS

PART 2; Par 32: NOTICE OF DEBARRED OR SUSPENDED CONTRACTORS

PART 2; Par 33: DISPUTES

PART 2; Par 34: TIE-IN AND ALL-OR-NONE BID

PART 2; Par 35: DEMURRAGE AND OTHER STANDBY COSTS

SALE BY REFERENCE PART 3: SALE OF GOVERNMENT PROPERTY SPECIAL SEALED BID CONDITIONS; Does not apply.

SALE BY REFERENCE PART 4: SALE OF GOVERNMENT PROPERTY SPECIAL SEALED – TERM CONDITIONS: As specified.

PART 4; Par 2: PRE-PAYMENT

PART 4; Par 3: MODIFICATION OR WITHDRAWAL OF BIDS

PART 4; Par 4: CONSIDERATION OF LATE BIDS, MODIFICATIONS, OR WITHDRAWLS

PART 4; Par 5: ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT.

PART 4; Par 6: TERMINATION

PART 4; Par 7: FAILURE TO PERFORM

PART 4; Par 8: AWARD OF CONTRACT

SALE BY REFERENCE PART 5: ADDITIONAL SPECIAL CIRCUMSTANCE CONDITIONS – MISCELLANEOUS: As specified.

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LIABILITY INSURANCE

"Sale By Reference, July 2012"

PART 05-B: Convict Labor

PART 05-C: Contract Work Hours and Safety Standards Act-Overtime Compensation

PART 05-D: Liability and Insurance

SALE BY REFERENCE PART 6: ADDITIONAL SPECIAL CIRCUMSTANCE CONDITIONS – DEMILITARIZATION

AND MUTILATION: Does not apply.

SALE BY REFERENCE PART 7: ADDITIONAL SPECIAL CIRCUMSTANCE CONDITIONS – HAZARDOUS AND DANGEROUS PROPERTY: As specified.

Hazardous Property

"Sale by Reference, July 2012"

Part 07-C: Transporting Hazardous Materials

Part 07-E Dangerous Property

Part 07-R: Disposition and Use of Hazardous Property

Part 07-S: Government's Right of Surveillance

Part 07-T: Right of Refusal for Hazardous Property

Part 07-U: Record Maintenance

SALE BY REFERENCE PART 8: ADDITIONAL SPECIAL CIRCUMSTANCE CONDITIONS – FOREIGN EXCESS PERSONAL PROPERTY.

Does not apply.

SALE BY REFERENCE PART 9: SPECIAL SPOT BID CONDITIONS OF SALE OF GOVERNMENT PROPERTY: Does not apply.

SALE BY REFERENCE PART 10: SALE OF GOVERNMENT PROPERTY SPECIAL AUCTION CONDITIONS. Does not apply.

SAFETY

When Material Handling Equipment (MHE) is required, the use of MHE at each Agency location shall comply with all Federal, state, local and DOD requirements. Purchasers shall be required to use their own personnel to operate the MHE. Purchaser is required to provide documentation to the SPOC that personnel are trained in accordance with 29 CFR 1910.178 to operate the MHE and shall ensure that all personnel possess the required licenses to operate the MHE. The Purchaser shall ensure that all work is performed in full compliance with all Federal, state, local and DOD occupational safety and health regulations. All incidents, including near miss incidents, involving operation of MHE shall be reported in accordance with Agency and location regulations. Agency staff will provide awareness training for specific, known hazards in and around the worksite areas of operations.

MOTOR CARRIER RATING

Purchaser is cautioned that a motor carrier that receives a safety rating from the Federal Motor Carrier

Safety Administration (FMCSA) of "unsatisfactory" and does not improve such safety rating to "conditional" or "satisfactory" within the prescribed regulatory period is prohibited by the Code of Federal Regulations

49 CFR 385.13 from operating a commercial motor vehicle to transport hazardous material for which vehicle placarding is required. Any motor carrier who operates a commercial motor vehicle in violation of this prohibition is subject to the penalty provisions of 49 U.S.C. 521(b) and appendix B to part 386 of the

FMCSRs. The assigned rating and Company Safety Profile (CSP) of a motor carrier may be obtained by calling

(800)832-5660 or by visiting:

https://safer.fmcsa.dot.gov/CompanySnapshot.aspx.

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You may also visit the CSP order page at https://safer.fmcsa.dot.gov/CSP_Order.asp.

TOXIC CHEMICALS

Purchasers are warned that the item(s) generated from chemicals or munitions may contain minute quantities of a chemical agent or decontaminate which might cause skin burn or other injury, regardless of the precautions taken to completely decontaminate this property.

SPECIAL TERMS AND CONDITIONS RELATED TO HM SALES AND THE OPERATING ENVIRONMENT ON THE INSTALLATION:

For the purposes of this IFB, the term “Applicable Laws” shall mean all federal, state, provincial, and local laws, regulations, rules, and ordinances governing the activities described generally in this IFB, including, without limitation the Comprehensive Environmental Response, Compensation and Liability Act, the

Resource Conservation and Recovery Act, Clean Water Act, and Hazardous Material Transportation Act;

regulations of the U.S. Department of Transportation, U.S. Environmental Protection Agency and Occupational

Safety and Health Administration; and any U.S. territory or commonwealth.

HM Defined:

"Hazardous Material" means and includes gasoline, petroleum, asbestos containing materials, explosives, radioactive materials or any hazardous or toxic material, substance or waste which is defined by those or similar terms or is regulated as such under any Law of any Governmental Authority having jurisdiction over the Property or any portion thereof or its use, including: (i) any “hazardous substance” defined as such in

(or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A.

§9601(14) as may be amended from time to time, or any so-called “superfund” or “superlien” Law, including the judicial interpretation thereof; (ii) any “pollutant or contaminant” as defined in 42 U.S.C.A. §

9601(33);

(iii) any material now defined as “hazardous waste” pursuant to 40 C.F.R. Part 260; (iv) any petroleum, including crude oil or any fraction thereof; (v) natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel; (vi)any “hazardous chemical” as defined pursuant to 29 C.F.R. Part 1910; and

(vii) any other toxic substance or contaminant that is subject to any other Law or other past or present requirement of any Governmental Authority.

HAZMAT also includes any item or chemical which is reportable or potentially reportable or noticeable as inventory under the reporting requirements of the Hazardous Chemical Reporting (40 CFR Part 302), or as an environmental release under the reporting requirements of the Toxic Chemical Release Reporting: Community

Right To Know (40 CFR Part 372).

Universal Waste:

For the purposes of this IFB, the term "Universal Waste" shall mean any batteries, lamps or other wastes that are regulated pursuant to regulations promulgated by the U.S. Environmental Protection Agency at 40 CFR

Part 273.

Solid Waste Material:

For the purposes of this IFB, the term “Solid Waste Material” shall mean any and all waste, including without limitation, trash, refuse and other solid or liquid waste.

Non-Conforming Wastes:

Any Waste Material which, unknown to the Purchaser at the time of acceptance:

1. Is materially inconsistent with the descriptions, limitations or specifications stated or referenced in the Waste stream profile and any such inconsistency either:

a. substantially increases the nature or extent of the hazard or risk or cost and expenses, undertaken or incurred by the Purchaser in performing the services specified in the subject task order; or

b. prohibits or prevents the Waste Material from being disposed, stored, recycled, reclaimed or treated at the Designated Disposal Facility.

2. Contains constituents or components substantially different from those identified or referenced in the

Waste stream Profile; or

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3. Is a hazardous material and is improperly packaged or identified.

Used Oil:

For the purposes of this Agreement, the term “Used Oil Waste Material” shall mean any “used oil” as that term is defined at 40 CFR 279.1.

Shelf Life:

"Shelf life" items are products that are effective, useful or suitable for consumption for a limited time period. They are expected to deteriorate or become unstable to the degree that a storage period must be assigned to assure that the material will perform satisfactorily in service. In short, the item spoils or will not perform its intended function for the customer after long-term, or even short-term, storage. All of these shelf life items are recognized for their sensitivity to light, temperature, moisture or handling.

Packaging deterioration and improper storage or preservation can also adversely affect shelf life.

The specific standard markings in both Federal Standard 123 (FED-STD-123) "Marking for Shipment (Civil

Agencies)" and MIL-STD-129 "Military Marking For Shipment and Storage" require that they be marked with the following:

1. Date of manufacture, cure (rubber and elastomers only), assembly or pack (subsistence only);

2. Date of expiration (month and year), for Type I (non-extendable) items; or

3. Date of re-inspection (month and year), for Type II (extendable) items.

Shelf Life is defined by the Department of Defense (DoD) Shelf Life Management Manual (DoD 4140.27-M/May 5, 2003) as:

"The total period of time beginning with the date of manufacture, date of cure (for elastomeric and rubber products only), date of assembly, or date of pack (subsistence only), and terminated by the date by which an item must be used (expiration date) or subjected to inspection, test, restoration, or disposal action; or after inspection/laboratory test/restorative action that an item may remain in the combined wholesale

(including manufacture's) and retail storage systems and still be suitable for issue or use by the end user."

Within the federal supply system, appropriate Shelf Life Codes are designated for each National Stock Number

(NSN). These codes are contained in DoD Shelf Life Management Manual 4140.27-M [pdf], Appendix E. Shelf Life

Codes designate items as either Type I (alpha character, except X) or Type II (numeric character and alpha character X). Type I items expire at expiration date, when material is unfit for use. Type II items can be extended by either visual inspection or laboratory test, as required by the applicable management activity storage standards. All NSNs or National Item Identification Numbers (NIINs) deemed "non-deteriorative", are identified by Shelf Life Code 0 (zero).

"Environmental Laws” means, collectively, all Laws related to or regulating or otherwise related to

Hazardous Material, drinking water, groundwater, wetlands, landfills, open dumps, storage tanks, underground storage tanks, solid waste, waste water, storm water run-off, waste emissions or wells. Without limiting the generality of the foregoing, the term shall encompass each of the following statutes, and regulations promulgated thereunder, and amendments and successors to such statutes and regulations, as may be enacted and promulgated from time to time: the Comprehensive Environmental Response Compensation and Liability Act

(42 U.S.C. §9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §1801 et seq.), the Public

Health Service Act (42 U.S.C. §300(f) et seq.), the Pollution Prevention Act (42 U.S.C. §13101 et seq.), the

Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 5136 et seq.), the Resource Conservation and

Recovery Act (42 U.S.C. §6901 et seq.), the Federal Clean Water Act (33 U.S.C. §1251 et seq.), the Federal

Clean Air Act (42 U.S.C. §7401 et seq.), and any and all applicable California and/or Federal statutes, laws and regulations regarding Hazardous Materials, as amended or restated from time to time including any successor thereto, and any regulations promulgated pursuant thereto.

DoT shipment placards, markings and labels on all HM packages shall remain on the packages as required by

OSHA final rule, 59 Federal Register July 19, 1994.

Public Law Pertaining to Material:

Prospective bidders shall also note that there are certain Public Laws that may affect the flow of material.

The Food, Drug and Cosmetic Act, 21 USC 311 et seq. and regulations promulgated there under forbid the sale of adulterated or misbranded medical devices.

Resource Conservation and Recovery Act (RCRA) Notice: Environmental Protection Agency (EPA) Hazardous Waste

Regulations, 40 CFR Part 260 et seq. published at 45 Federal Register 33063-33285, May 19, 1980, became

Printed on:06/24/2020 10:18:11 EDT Page: 8 effective on November 19, 1980. These cradle-to-grave regulations detail the responsibilities of generators, transporters, treatment facilities, storage facilities, and disposal facilities of hazardous waste. Civil and criminal penalties are available for noncompliance. The Agency does not intend to transfer any RCRA regulated hazardous waste under this contract as regulated waste is disposed of under the Agency's hazardous waste contracts. However, the Agency can make no representations as to when and under what circumstances

Federal, state or local environmental regulations may be applicable to material transferred to and held by the Purchaser. 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.

Refrigerant:

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

Environmental and Human 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 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 Department of Defense.

Environmental Responsibility Determination:

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.

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).

The “Universal Waste” Rule, 40 CFR § 273, does not require the use of a hazardous waste manifest to ship

Universal Waste (UW) within, to, or through a state that has adopted the Universal Waste Rule, in which case, under this contract, a non-hazardous waste manifest may be used. Whenever UW is transported from, to, or through a state that has not adopted the rule, a hazardous waste manifest will be used. The Purchaser will specify on the manifest in the “Special Handling Instructions and Additional Information” (or equivalent) block when UW is being transported (e.g., “Universal Waste Shipment”). Shipments of UW must comply with the requirements specified in 40 CFR § 273.18 and 273.38. UW includes but is not limited to batteries, pesticides, mercury containing equipment, and lamps as defined in 40 CFR § 260.10. It may also include state-regulated UW such as antifreeze, paint and paint-related wastes (PPRW), cathode ray tubes

(CRTs), electronics, and aerosol cans.

DLA Disposition Services (DLADS) implemented an Environmental Management System (EMS) in accordance with ISO

14001:2004(E), DOD, and DLA requirements at all appropriate DLADS facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLADS EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLADS mission. The DLADS EMS program is explained in the agency EMS Core

Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to

Printed on:06/24/2020 10:18:11 EDT Page: 9 the location. Site supplements also contain information concerning the local interaction between the appropriate DLADS tenant facility and the DOD/DLA host facility EMS program. Purchasers and their personnel are required to be aware that each appropriate DLADS facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLADS facility maintains EMS awareness posters that identify the DLADS Environmental Management Representative (EMR) and host facility EMR for specific guidance concerning an individual facility’s EMS program. Purchaser's may request current copies of EMS information identified in this Section by contacting the local SPOC. The Purchaser is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the Government and at no additional cost to the

Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or Subcontractors shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with approval of the host’s Environmental Office, hazardous waste spill cleanups may be allowed to move to a permitted Satellite Accumulation Area until it can be shipped off-site.

The Purchaser shall prepare a separate manifest for the spill cleanup removals.

The Purchaser shall report all such spills or leaks, regardless of their quantity, to the SPOC (if not already present) and the SCO immediately upon discovery. The Purchaser shall adhere to all Host or

Installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the

SCO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

1. Description of material spilled (including identity, quantity, manifest number, etc.).

2. Whether quantity spilled is EPA/state reportable, and if so, whether it was reported.

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

4. Containment procedures initiated.

5. Summary of any communications Purchaser has with anyone other than the SCO.

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

Treatment of hazardous waste (including solidification) on Government facilities is not permitted.

Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR § 260.10 and/or the facility Permit.

Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Purchaser may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

The Purchaser shall mark, label and placard all containers in such a manner to meet all applicable Federal, state, and local EPA and DOT regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be IAW 49 CFR. The Purchaser shall provide and affix the appropriate placards to each conveyance vehicle prior to leaving Government premises. The Purchaser shall not package RCRA or state-regulated waste together with non-regulated waste.

Any incidental state or local fee, tax or penalty assessed against DOD/DLADS arising from the Purchaser's decisions in the performance of this contract will be paid by the Purchaser, including, but not limited to:

Any fee, tax, or penalty levied as a result of a Purchaser's failure to prepare and provide reports and/or documents required as part of the performance of this contract.

STATEMENT OF INTENT

A responsive apparent high bidder who is otherwise eligible for award shall be required to submit a completed and signed DLA Form 2536 Statement of Intent (SOI) Completed (Parts 1-6).

The Statement of Intent must be completed and submitted upon Sales Contracting Officer's request.

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Apparent high bidder has 3 business days to return a completed SOI after being notified of being the

Apparent high bidder. Failure to turn in a completed SOI within 3 business days may result in the apparent high bidder being deemed non-responsible.

It is the responsibility of the Apparent High bidder to ensure completeness and accuracy of the SOI. After two (2) Failed SOI's, the SCO may determine he/she is unable to make an affirmative responsibility determination as is required to make the award. In such case the SCO will assess the next eligible bidder for award.

Apparent high bidder shall not expect any type of relief that is based upon or related in any manner to an unanticipated level of effort or additional effort necessary to complete a SOI that would pass DLA

Disposition Services Environmental Office or that have failed to pass the DLA Disposition Services

Environmental Office Review.

The apparent high bidder must identify all property destination(s) in Section 2 of the SOI. Include destinations that will be receiving removed POLs, other material from the drain and purge, and DEMIL/MUT operations.

Apparent high bidder understands that if the SOI is acceptable by DLA Disposition Services Environmental

Office and is recommend for award, the Apparent high bidder will only ship property to the authorized location(s) listed on the SOI. Failure to do so may result in contract termination with liquidated damages applied.

At any time during the performance period of the contract where an alternative destination not listed in the

SOI would be required, the Purchaser will provide an updated SOI for an ERD to be performed on the proposed destination prior to use.

Environmental Responsibility Determinations (ERDs) will be performed on all SOI destinations proposed by the

Purchaser. ERDs take up to 10 business days and if negative findings are not resolved by the Government, the

Purchaser will not be authorized to use the proposed destination.

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

Determination (ERD) on public 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.

ARTICLE GOVERNMENT'S RIGHT OF SURVEILLANCE

(a) The Government reserves the right to conduct inspections of the Purchaser's and/or its agent's representatives, assignee's and/or vendee's transportation conveyances and/or equipment utilized to effect removal of the property purchased under this public sales offering. Such actions may be accomplished prior to, during and/or subsequent to removal of the property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with the free access and reasonable assistance required to conduct such inspections.

(b) The Government reserves the right to conduct inspections of treatment, storage and disposal facilities of the Purchaser, its agent, representative, assignee and vendee including the equipment, instrumentalities, and records thereof. Such action may be accomplished prior to, during and subsequent to removal of property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with free access and assistance as requested to conduct such inspections.

(c) Where the Purchaser transfers any property acquired under this contract to a third party, the Purchaser warrants that by the terms of that transfer, the Government shall retain all rights and privileges conferred upon it by parts a and b of this clause.

(d)The Purchaser shall ensure it retains all relevant documentation evidencing the recycling or reclamation of batteries pursuant to 40 CFR Part 273 or 40 CFR Part 266 Subpart G, or disposal in accord with 40 CFR 261 or any similar regulation(s) applicable in the country in which these materials are ultimately recycled, reclaimed, or disposed. This information must be made available for review by DLA Disposition Services or any other U.S. Government entity including investigative and enforcement agencies. Failure to obtain and maintain such data may result in a negative determination of responsibility and prevent participation on future public sales contracts with the USG.

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CONVERSION TABLE

Purchaser will remove property using their own personnel and equipment, including pump, gauge, and/or measuring device. Purchaser's vehicle must be equipped with a spark arrestor. Material will be metered, measured or weighed, using scale or measure acceptable to the Purchaser and the government. For the purpose of the contract, the conversion of pounds to gallons will be 7.0 to 7.5 pounds liquid equals 1 gallon liquid.

RECORDS MAINTENANCE

Purchasers of material/waste are required to maintain an audit trail on all appropriate public sales documents for a period of six (6) years subsequent to receipt. The Purchaser's records must include a minimum the following documents:

(a) DRMS Form 1427 (Notice of Award and Release Document)

(b) Bill of Sale (For property sold or donated to another individual or company)

(c) Hazardous waste manifest (If applicable)

(d) Copy of the DRMS Form titled, "Continuation of Government's Right to Surveillance" The Government reserves the right to request and inspect these documents as they deem necessary. In the event a Purchaser fails to maintain or provide any of these documents to the Government, the Government may at its discretion cancel the contract, freeze future deliveries and/or declare the Purchaser non responsible, until the appropriate documents have been furnished.

ARTICLE PRE-PAYMENT AND PAYMENTS ON TERM CONTRACTS

(a) For each item awarded, a pre-payment of Twenty (20) percent of the total price estimated for a one (1) year's generation is required and must be submitted within 10 business days after award of contract or sooner if Purchaser is notified that property is available for removal and must be removed within the specified timeframe stated in the Auction. No property will be released to the Purchaser or their duly authorized agent before pre-payment has been received by the Sales Contracting Officer. The Pre-payment submitted by the Purchaser will be retained by the Government and applied against the last delivery affected under the contract.

(b) All payments, including those for storage charges, liquidated damages and interest must be in U.S.

currency. Acceptable payments may be made by cashier's check, certified check, traveler's check, bank draft, money order or credit card (Master Card, Visa, Discover Card, American Express). Purchaser shall make checks payable to the U.S. Treasury. All credit card transactions are limited to $24,999.99. Credit card transactions greater than $24,999.99 may not be split into two (2) or more transactions over one (1) or multiple days.

(c) If for any reason, a Purchaser's personal or company check is not honored for payment by the payer bank upon initial presentation for payment by the processing bank, the Government may, after notifying the

Purchaser, require the Purchaser to make all future payments by cash, cashier's check, certified check, traveler's check, bank draft or money order.

(d) Personal checks will be accepted for payments of debt interest, liquidated damages, overages and storage charges for amounts of $25.00 or less.

(e) All payments shall be addressed and mailed or delivered to:

DLA Disposition Services

ATTN: Cashier

74 N. Washington

Battle Creek, MI 49037

(f) Credit card payment within the United States can be made using the web site at:

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

(g) If the Purchaser needs to make payment for less than $1.00, you cannot use the web site credit card payment method.

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(h) Regardless of how you pay, to avoid delays at the DLA Disposition Services sites when you go to pickup property, payment shall be received in Battle Creek at least 24 hours in advance of your scheduled pickup of property.

ARTICLE TERMINATION

Notwithstanding the provisions of Condition 6 of Part 4, Sale of Government Property Special Sealed Bid-Term

Conditions (Standard Form 114C-2, Apr 01) of DRMS pamphlet ""Sale by Reference"", July 2012, this contract may be terminated by either party without cost to the Government upon 60 days written notice to the other, to be calculated from the date the notice is mailed.

BILLING

The formula for billing is:

(Unit of Issue (example GL))x Item bid price per Unit of Issue = Total amount owed to USG by bidder. This formula will be applied for each item number. Billing is completed in monthly cycles, from the 25th of the month to the 24th. The bill for the previous month will be provided electronically within 3 days of the cycle completion.

The bidder will have 30 calendar days from the date of the bill was prepared to pay the summary bill in full. Interest will be applied to all overdue payments. There is no prepayment or overpayment allowed. All issues concerning the billing process, amounts, charges, and disputes are to be addressed directly with the

SCO for resolution. Failure to pay bill in full and in a timely manner will result in notice of default, termination of the contract and possible suspension or debarment.

CONTRACT DISPUTES ACT OF 1978

Any contract awarded as a result of this public sale is subject to the Contract Disputes Act 1978 (41 U.S.C.

601-613). The Contract Disputes Act establishes the procedures for handling "claims" relating to United

States Federal Government contracts. Claims by Contractors against the Federal Government must be submitted in writing to the SCO for a decision. Claims by contractors for more than $100,000 must be accompanied by a certification that (i)the claim is made in good faith, (ii) the supporting data is accurate and complete to the best of the contractor's knowledge and belief, (iii) the amount requested represents the contract adjustment for which the contractor believes the Federal Government is liable, and (iv) the certifier is authorized to submit the certification on behalf of the contractor.

POINTS OF CONTACT

All issues, concerns, and questions concerning this contract, billing, contract performance, terms and conditions will be directly addressed with the SCO for this public sale. Any oral or written statement by an unwarranted representative of the USG, changing or supplementing the terms of the contract or any condition thereof, is unauthorized and shall confer no right upon the Purchaser. A designated USG representative will be responsible for communicating with the Purchaser on the day-to-day operations and coordination of removals.

SALES CONTRACTING OFFICER – CONUS

SCO for this sale is: Todd Toohey, Phone Number (269)961-5697, Email: todd.toohey@dla.mil

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Bidding Submission Procedures:

The Purchaser’s bid shall consist of an amount per gallon specified in U.S. currency. Prospective bidders shall be aware of certain risk factors that could affect a bidder’s assessment of this public sales 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 the Purchaser made related to determining their high bid. This is a firm fixed price public sales contract where the bid price is expressed in US currency specified by the bidder, per unit of issue advertised in the public sale. The Government expects the Purchaser to perform all the requirements under this public sales contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this public sales 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 public sales value, act or omission of factors) of 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.

1.How to Bid:

a.If you have questions or need assistance contact the SCO. Questions shall be emailed directly to the SCO.

The cutoff date for question concerning the IFB will be 5 days prior to the Bid opening as stated in IFB.

All question received after will not be answered. Upon request the SCO will provide the questions and answers from other perspective bidders b.Bidder shall submit bid as price per pound not to exceed Three (3) decimal places (example 0.010). Minimum bid is .01 per unit of issue (example pound, lot or gallon). Multiply your bid price by the quantity specified for extended bid amount.

2.Where to Send Bid:

a.Do not email bids or call in bids directly to the SCO.

b.Bids may be submitted via:

E-Sales website located at: https://www.sales.dla.mil Email Bids to DRMSSALESBIDS@DLA.MIL (include IFB

Number).

Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” Offers/quotes submitted by E-mail are submitted at the bidder's risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer/quote if it is submitted via E-mail.

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.

3.Technical Issues with the E-sales website:

Call 1-877-DLA-CALL (1-877-352-2255).

4.When to send Bid:

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

5.How to modify/cancel bid and late submissions:

Submit a new bid in the same manner as the previous bid. Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid submit a zero bid in the same manner as the original bid.

Notify the SCO of the bid cancellation (specify date, time and method of bid submission).

Bidders are responsible for submitting bids, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

Modification, revision, or withdrawal of the bid received at the Government office designated in the IFB after the exact time specified for receipt of the IFB is “late” and will not be considered.

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6. Bid Evaluation and Award:

a. This is not a service contract awarded or administered in accordance with the Federal Acquisition

Regulations (FAR). This is a public sales contract for the public sale of an advertised commodity that will be awarded and administered pursuant to the provisions in Title 40, US Code, Chapter 5.

b. The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid, unless a determination is made to reject the bid under 41 CFR § 102-38.205.

c. 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.

d. A responsive bid is a bid that complies with the terms and conditions of the public sales offering, and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award.

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

f. 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 public sales contract, and has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee).

g. Prior to award, the Agency will conduct a pre-award survey of the apparent high bidder. Only the high bidder will be evaluated through this screening process and there will be no comparative analysis done on other bidders. At a minimum, an apparent bidder must submit an Statement of Intent (SOI) DLA Form 2536. The apparent high bidder shall be required to provide detailed information on every storage location the apparent high bidder intends to use.