Attachment IV FINAL SOW Recycle Scrap Metal 10_28_24.pdf

Recycle Scrap Metal Contract Oct 28, 2024 Attachment IV – Statement of Work, Page | 1

STATEMENT OF WORK (SOW)

BACKGROUND

The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year.

OBJECTIVE

NIST requires services to recycle scrap metals produced on the NIST Gaithersburg campus. The objective is the removal, sale, and recycling of scrap metal from the National Institute of Standards and Technology (NIST), 100 Bureau Drive, Gaithersburg, Maryland, 20899.

SCOPE

The contractor shall purchase and recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The types of scrap metal included in this contract are:

(1) scrap aluminum

(2) stainless steel

(3) light iron

(4) tin

(5) copper

(6) brass

Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed as designated in the Payment Terms/Invoicing section of this scope of work.

NIST shall be paid for the proceeds of the scrap metal based on the verifiable current market value for when the metal is weighed.

NIST shall be paid a set percentage based on the value of the metal after the direct and indirect costs have been applied. The agreed upon percentage(s) shall be incorporated into the contract. Proceeds paid to NIST shall be calculated by:

PROCEEDS

PAID TO NIST = [(weight of scrap metal x current market value) – contractor’s direct & indirect costs] x (percentage paid to NIST)

Direct and Indirect Costs include: container rental hauling fee labor general & administrative (G&A)

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Note: Any direct/indirect costs not indicated above that the contractor determines is applicable, and the Government has determined to be allowable prior to award, will incorporate into the contract at time of award.

The container rental and hauling fee costs shall be a set fee over the duration of the contract, unless otherwise agreed upon through a modification.

The contractor shall provide all personnel, scrap metal roll-off containers, equipment, tools, materials, supervision, licenses, insurance, and other items and services necessary to remove and recycle the scrap metal as defined in this statement of work.

The contractor shall perform to the standards in this contract, and conform to all state, federal, and local laws and regulations in the processing, sale, and recycling/disposal of materials received.

The contractor shall be responsible for maintaining accurate weight records to include date of pick-up, type of scrap, current market value/pound, cost per material, total cost per month and year.

CONTRACT REQUIREMENTS

1. The contractor shall deliver 40-yard roll-off containers, galore boxes, or hoppers to collect the scrap metal to various locations on the NIST Gaithersburg campus. The main locations are near buildings 301 and 309 on the main campus. Additional containers of various sizes may be required at any time during the contract. The contractor shall deliver the requested container within 1-2 business days after request by an authorized NIST personnel.

Additionally, the contractor will pick up government self-dumping hoppers w/ bumper release from building 304. The contractor shall pick-up and recycle the turnings/shavings and scrap pieces. The turnings/shavings have cutting fluids on the metal. All self-dumping hoppers w/ bumper release that are removed shall be returned to the NIST campus the same day they are taken and emptied, unless otherwise agreed upon by the Government.

The contractor shall also pick up large-sized scrap metal that do not fit into the containers as required.

2. Within 48 hours of notification by an authorized NIST representative, the contactor shall pick up the full container and/or large-sized scrap metal and deliver an empty container of like size the same day.

Securing the load is the sole responsibility of the contractor. There shall be no cost to the government for the delivery or pick-up of the scrap metal recyclable containers.

The following NIST personnel are authorized to place a call to the contractor for scrap metal pick-up and container exchange. The authorized NIST personnel may change at time throughout the duration of the contract.

Brett Whitworth Bruce Connelly Patrick Murphy Michelle Wims – Contracting Officer Representative (COR)

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Vehicles used for the removal of scrap metal by the contractor shall comply with all Department of Transportation (DOT) rules and regulations, and must be adequate in configuration so that all property loaded thereon will be confined within the outside dimensions of the vehicle and said materials shall be stacked, tied, or otherwise secured by the Contractor to prevent any portion of said load from being dislodged in any manner while said vehicle is on Government property. The contractor agrees to furnish labels to comply with DOT shipping requirements. It is the sole responsibility of the Contractor to ensure that the containers and equipment are properly loaded on the vehicle in a safe manner.

3. All scrap metal removed from the NIST campus shall be purchased by the contractor and recycled.

There shall be no cost to the government for delivery or pick up of the roll-off containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals, the negotiated rate shall be by pound for each separate kind.

NIST shall be paid for the proceeds of the scrap metal based on the verifiable current market value for when the metal is weighed. NIST shall be paid a set percentage based on the value of the metal. The agreed upon percentage shall be incorporated into the contract.

4. The contractor shall use the scales at their own facility to weigh the scrap metal. NIST does not have access to scales large enough to weigh all the metals generated at NIST. At the discretion of the Government, the COR or appointed NIST personnel, may be present during weighing of metals at the contractor’s facility.

5. The contractor shall provide a copy of the weight records to the NIST contracting officer’s representative (COR) within 14 calendar days after a pickup. The contractor shall submit a quarterly and a yearly summary report. Should a report be needed at an unscheduled time, the contractor shall also provide the report to the COR and/or contracting office.

6. The contractor shall be in compliance with:

a. Appendix A – General Contract Requirements

b. Appendix B – NIST Guidelines for OFPM Contractors

c. Service Contract Act Wage Determination – A new wage determination schedule shall be incorporated on a yearly basis.

7. If the NIST campus is open, the contractor shall perform the services stated herein in accordance to the schedule, unless the COR and the contractor mutually agree upon a modified schedule in light of an emergency situation.

8. All contractor-supplied equipment shall remain the contractor’s property during and after the contract period. Roll-off containers may be added/removed at any time during the contract.

9. The contractor shall remove all containers from NIST before 3:00 p.m. EST, on the last day of the contract.

CONTAINER EXCHANGES

The contractor shall only pickup the scrap metal during regular NIST hours while the campus is open. The contractor shall not pickup in the event of unplanned closure of the facility due to natural disasters, Page | 4 emergency, or severe weather. Also, there shall be no services on federal holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

QUALITY ASSURANCE

The contractor shall develop and submit a quality assurance surveillance plan (QASP) with their quote. The final plan will be approved by the Contracting Officer (CO) and COR within 10 business days after award of the contract. The QASP shall address the areas identified in the scope of work described herein, and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The contractor and the CO shall be informed of all issues affecting the quality of service, which shall include timeliness and effectiveness of corrective actions implemented.

INSPECTION/ACCEPTANCE

The Government reserves the right to inspect and accept the services performed. At the discretion of the COR, the COR will inspect the condition of the containers, and their location as the method of surveillance.

HOURS OF OPERATION:

Normal Hours of Operation. The contractor shall perform the services required under this contract Monday through Friday and as early in the morning as possible after 6:00 AM EST and no later than 2:00 PM EST.

Optimum time is between 6:00 AM EST and 8:00 AM EST.

The contractor shall not have access to NIST employees or to the NIST facilities during federal holidays or when federal facilities are closed due to emergencies or Executive Orders. The contractor must call the NIST status line at 301-975-8000 to determine whether NIST is open before its personnel report to work during national emergencies or during inclement weather.

Holidays. Services are not required on federal holidays. The current federal holidays are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, July 4th, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

MISCONDUCT OR DISRUPTION OF SERVICES

At any time during the performance period of this contract, the Contracting Officer, COR or Operating Unit (OU) Director may request the contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the contractor employee’s actions or impaired state to be a disruption to the workforce.

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MAINTENANCE OF EQUIPMENT:

1. All equipment shall be maintained in good physical, mechanical, and working condition without rust, damaged seams, tops, or rollers, or leaking hydraulics. All metal containers shall be maintained in a good painted condition.

2. In the case of damaged equipment or equipment determined to be unacceptable by the COR or the contracting officer due to mechanical failure, or sanitary or aesthetic reasons, the contractor shall correct the deficiencies or replace the equipment within twenty-four hours of notification by the COR.

3. Marking of Trucks and Containers. All trucks and containers shall be clearly marked with the contractor’s company name and/or logo. All containers shall be clearly marked with the type of material acceptable.

GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION (GFP, GFM, GFE, OR GFI)

All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government.

The catch/drain carts as stated under Contract Requirements item #1, are Government issued equipment.

DELIVERABLES

1. QUALITY ASSURANCE SURVEILLANCE PLAN

The contractor shall develop and submit a quality assurance surveillance plan (QASP) with their quote. The final plan will be approved by the Contracting Officer (CO) and COR within 10 business days after award of the contract. The QASP shall address the areas identified in the scope of work described herein, and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

2. QUARTERLY REPORTS

The contractor shall submit quarterly reports to the COR with the total amounts of all types and grades of waste, and recycled materials removed from NIST. The contractor shall use the form in

3. YEARLY REPORTS

The contractor shall submit a yearly report to the COR by January 15th with dates of pick-up, type of scrap, current market value/pound, cost per material, total cost per month and year.

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PLACE OF PERFORMANCE

Roll-off containers and other equipment shall be provided, and scrap metal shall be removed from the following location:

National Institute of Standards and Technology Buildings 301, 309 and additional buildings as needed 100 Bureau Drive Gaithersburg, Maryland, 20899

PERIOD OF PERFORMANCE

The period of performance is for a FIVE (5) year period. There are no option periods for this contract.

May 1, 2024, through April 30, 2029 (anticipated)

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PAYMENT TERMS

Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of the scrap metal.

The contractor shall pay NIST within 30 calendar days after pick-up. All payments shall be made payable to:

The National Institute of Standards and Technology

Payments must include a receipt that documents, at a minimum, date of pick-up, type of scrap, weight of each type of scrap, verifiable current market value/pound, direct/indirect costs, and total cost paid to NIST for each type of scrap.

The proceeds from the scrap metal shall be mailed to:

National Institute of Standards and Technology Facilities Services Division, Excess Recyclables Program ATTN: Gail Lantion 100 Bureau Drive, MS 1920 Gaithersburg, Maryland, 20899

APPENDIXES

(1) Appendix A – General Contract Requirements

(2) Appendix B - NIST Guidelines for OFPM Contractors

ATTACHMENTS

(1) Attachment A – Wage Determination Schedule under the Service Contract Act