Draft_IFB 33-4010_Sierra_MDCOS_Term_On-Site.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

DEMILITARIZATION/MUTILATION AS CONDITION OF SALE (DCOS/MCOS) SCRAP RESIDUE

SALE

IFB 33-4010

SEALED BID TERM SALE

FOR

DLA Disposition Services Sierra, CA

Offer Closing Date/Time: TBD

Sales Contracting Officer: Elizabeth Beck

EMAIL: Elizabeth.Beck@dla.mil

PHONE: 269-961-4795

Sales Point of Contact (SPOC) to set up inspection date and time:

Eric Robie, 530-827-4547, Eric.Robie@dla.mil

Sean Gates, 530-827-4547, Sean.Gates@dla.mil mailto:Eric.Robie@dla.mil mailto:Sean.Gates@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1 IFB Item Number Details:

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

A.6 Packing:

A.7 Inspection:

A.8 Loading and Removal:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

B.3 Training B.4 Demilitarization/Mutilation Operations:

B.5 Equipment:

B.6 Meetings:

B.7 Personal Protective Equipment (PPE):

B.8 Inventories:

B.9 Certifier/Verifier:

B.10 Demilitarization/Mutilation Timeframe:

B.11 Military Markings:

B.12 Title:

B.13 Hazards:

B.14 Spill Responsibility:

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 How to Modify/Cancel Bid:

D.6 Bid Evaluation:

D.7 Ineligible Bidder:

D.8 Pre-Award Survey:

D.8.1 Environmental Responsibility Determination (ERD):

D.9 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.10 Contract Award:

D.11 Start Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 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:

G.4 Termination for Default:

G.5 Records:

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

I.1 Classified Material:

I.2 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.3 Radioactive Property:

I.4 Hazardous Property:

I.5 Foreign Attachment, Miscellaneous Debris and Dunnage, and Email Notification I.6 Notice of Default/Cure Notice:

I.7 Response to Notice:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

J.2 Disposition and Use of Property:

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Letter of Authorization (LOA):

K.4 Purchaser will not be allowed to sell material at Agency locations:

K.5 Purchaser use of sub-contractors:

K.6 Containers:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

L.2 Requirement for Purchaser to use Purchaser owned MHE:

L.3 Government Furnished Equipment (GFE):

M CONTRACT COMPLIANCE, AUDITS AND REVIEWS

M.1 Compliance with Applicable Laws and Regulations:

M.2 Duties of Care and Loyalty:

M.3 Prohibited Activities:

M.4 Purchaser’s Cooperation is Investigations/Audits/Compliance Reviews:

M.5 Purchaser Record Retention:

M.6 Inspection of Records and Workplace by Government:

M.7 Compliance Notification:

M.8 Contracts with Third Parties:

N DISPUTES AND CLAIMS

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

O.2 Notices:

O.3 Severability:

O.4 Headings:

O.5 Survival:

O.6 Waiver:

O.7 Force Majeure:

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

O.9 Tense and Gender:

O.10 Entire Agreement and Modification:

O.11 Computation of Time:

O.12 Electronic Communication:

O.13 No Reimbursements:

O.14 Market, Resale and/or Export:

P GOVERNMENT REQUIRED REPORTS

P.1 Government Use of Purchaser Reported Information:

Q ADDITIONAL CONTRACT ADVISEMENTS

Q.1 Public Law Pertaining to Location Operations:

Q.2 Public Law Pertaining to Material:

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

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

Q.5 Refrigerant:

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

R DEFINITIONS

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering for sale, scrap residue derived from the Mutilation and Demilitarization of controlled property. A Mutilation/Demilitarization Condition of Sale (MCOS/DCOS) contract requires property to be demilitarized or mutilated and certified prior to title transfer. A Government DEMIL verifier will oversee processing of all property. This contract will consist of processing materials on-site at Government facilities located on Sierra Army Depot (SIAD).

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 or SPOC 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).

Purchaser is responsible to obtain all base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base must have state-approved identification or state-approved appropriate driver’s licenses and be free of any warrants. The base will deny access to personnel with warrants. Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. (Purchaser will provide a list of personnel who will work on base prior to start of work).

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:

The Agency expects the Purchaser to perform all requirements under this contract at the bid price provided by the Purchaser.

Property stream may consist of demilitarization or mutilation required property/material such as: aluminum, steel scrap, copper, brass, textile, fiberglass, Kevlar/body armor, vehicle amour and amour kits, satellite antennas and components, large weapon system and parts, wheeled and tracked vehicles, tank track, trailers of various lengths and sizes, containers, aircraft components that may be flight safety critical aircraft parts (FSCAP), sensitive components, textiles, expended cartridge cases comprised of brass, steel, aluminum, or plastic to include blanks, larger caliber inert ordnance items (practice bombs, empty projectiles, empty cartridge cases, etc.) and fired aluminum. The Agency has no control over what property is turned in for disposal. The property streams will consist of DEMIL codes B, C, D, E, F, and Q. DEMIL G (only with Material Documented as Safe (MDAS) certificate) or DEMIL P (only with declassification).

Be advised that DoD generators of the property stream are not required to use DLA Disposition Services for disposal and may choose other methods to dispose of their material through other sales contracts, i.e., qualified recycling program (QRP).

https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://catscale.com/cat-scale-locator/

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

PURCHASERS ARE CAUTIONED THAT PARTICLES OR SUBSTANCES OF A DANGEROUS NATURE

MAY REMAIN IN THE PROPERTY REGARDLESS OF THE CARE EXERCISED TO REMOVE SAME. THE

GOVERNMENT ASSUMES NO LIABILITY FOR DAMAGES TO PROPERTY OF THE PURCHASER OR FOR

PERSONAL INJURY, DISABILITY OR DEATH OF THE PURCHASER, ITS EMPLOYEES OR TO ANY

OTHER PERSON ARISING FROM OR AFFILIATED WITH THE PURCHASE, USE OR DISPOSITIONS OF

THIS MATERIAL. THE PURCHASER SHALL HOLD THE GOVERNMENT HARMLESS FROM ANY AND

ALL SUCH DEMANDS, SUITS, ACTIONS, OR CLAIMS ARISING FROM OR OTHERWISE RELATING TO THE PURCHASE OF THIS MATERIAL. See also section B.13, Hazards.

Over the duration of the performance period, the Government guarantees to issue the Purchaser a minimum total weight equal to the “Minimum Guaranteed QTY (LBS.)” listed in Table 1.

A.4 Table 1 IFB Item Number Details:

Item Material Total QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed QTY

(LBS.)

1 DS000E1LB 45,000,000 15,000,000 150,000,000

2 DS000MUTB 600,000 200,000 2,000,000

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.

Note: SCL descriptions in the CAT Book advertised on DLA’s website and traditionally applicable to DLA sales is not applicable to this IFB and sale. The description of the SCL within this sale is controlling. This means that if a DLA MRO, 1367, bill, notice of award pre-populates the CAT Book SCL definition that the CAT Book SCL definition does not apply and that the parties are following the SCL description in this IFB.

CLIN MATERIAL SCL DESCRIPTION

10 DS000E1LB E1L

Iron and steel scrap, mixed w/foreign attachments, highly enameled stock, coated paint cans, tin cans, borings and turnings highly corroded, dirty, and containing excessive oil and other inferior grades of metal prohibitive to other classifications. Random length, widths, and thickness not suitable for hydraulic compression, unprepared light melting steel suitable for compression into mixed metals scrap, includes both stripped and un- stripped engine blocks, stove plate, heavy breakable cast, mixed cast, tool steel, residue from mutilated small arm parts that require further processing, steel chain/anchors.

Vehicles all types, commercial autos/trucks, residue from DEMIL processing of tactical, armored, and special purpose vehicles, and tank trailers.

20 DS000MUTB MUT

Non-DEMIL required non-FSCAP critical FSG/FSC items downgraded to scrap, non-DEMIL required FSCAP items requiring mutilation.

Worksite must be ready to receive and process property at contract award. Worksite is required to be fully mission capable within thirty (30) days of start of work (i.e., processing the estimated 1,250,000 million pounds per month average). This means that upon contract award that the Purchaser’s worksite shall start receiving property and that by the end of thirty (30) calendar days that the worksite shall be equipped and manned to process up to 1,250,000 million pounds per month.

A.6 Packing:

Property is stored outside on the ground, on pallets and in containers.

A.7 Inspection:

Monday-Thursday 7:00AM-2:00PM Pacific Standard Time (PST) excluding federally recognized holidays.

Inspection is by appointment only. Contact SPOC to schedule a physical inspection. Bidders are highly encouraged to physically inspect property and site requirements prior to submitting their bid. 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.

Bidders will contact the POC at least 72 hours before seeking entry to a military installation or Disposition Site to be informed on entry requirements.

A.8 Loading and Removal:

Monday-Thursday 7:00AM-3:30PM Pacific Standard Time (PST) excluding federally recognized holidays.

Purchaser will provide all equipment and personnel to joint inventory, sort, segregate, demilitarize/mutilate, load and remove all property at the location listed below. Government will not load or assist in loading.

Location: DLA Disposition Services Sierra, 74 Currant St. Building 315, Herlong, CA 96113

B TERMS AND CONDITIONS OF SALE

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general.

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.

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

B.3 Training During the pre-award process the SCO will provide the Purchaser with “DEMIL Certifier” training material (MS PowerPoint or PDF version). Purchaser will retain the training certificate(s) and make them available to the Government within twenty-four (24) hours upon request. Purchaser must complete training certificate and submit an appointment letter on company letterhead in accordance with (IAW) DoDM 4160.28 Vol 2 with the Certifier(s) name and signature to the SCO before work can begin.

Purchaser certifiers will be re-trained annually and must send a new dated appointment letter for each certifier to the

SCO.

B.4 Demilitarization/Mutilation Operations:

Demilitarization/Mutilation operations will take place on SIAD in Herlong, CA Monday-Thursday 7:00AM-3:30PM Pacific Standard Time (PST). A concrete pad is in place and will be the location for all Demilitarization/Mutilation operations. Purchaser is required to move all property located at DLA Disposition Services Sierra staging lot to the Demilitarization/Mutilation worksite, approximately 500 yards.

Purchaser is responsible for obtaining and providing all required permits to accomplish Demilitarization/Mutilation processing and transportation. All conveyance will display applicable Department of Transportation (DOT) placards. If an oversized vehicle or load is required, site will assist by providing a POC for base permits.

The host installation may require hot works permits for any on-site cutting operations, with the responsibility for obtaining such permits falling on the Purchaser.

Purchaser will not be provided with permanent indoor or outdoor storage space for property or equipment (including material handling equipment (MHE)). Outdoor temporary storage may be made available as the need arises to ensure DEMIL operations and property flow are not impacted. Only the Agency can authorize the temporary storage space and the Purchaser must request the space in writing to the SCO and SPOC.

Purchaser is advised that there is no covered facility in the work area; if the purchaser chooses to construct a temporary shaded/covered area they must have SIAD facilities approval before they construct any structures. At conclusion of the contract, purchaser is responsible to repair any damage to the underlying concrete pad and restore it to original condition. However, the contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. The purchaser is cautioned that high winds, sun, rain, snow and ice may impact operations. Impacted work will not be the responsibility of the Government or subcontractors.

Purchaser is required to Demilitarize/Mutilate all property streams. No parts harvesting is authorized. The Purchaser is expected to Demilitarization/Mutilation and remove a minimum of 1,250,000 pounds per month. Weight is tracked and billed by weight tickets and DLA Form 1367 for outbound scrap removed from the site. The Purchaser is responsible for removal and disposal of all scrap, to include all metallic and non-metallic material resulting from the Demilitarization/Mutilation process at no cost to the Agency.

Agency Verifier(s) must be present for all Demilitarization/Mutilation operations. If the Agency Verifier is unavailable for any reason, Demilitarization/Mutilation operations are to be shut down until the Verifier(s) return.

All property sourced to this contract will be processed as Controlled Property and will be Demilitarization/Mutilation and not commingled. DEMIL required property will have its own location and Mutilation required property will have its own location. The two property streams will not be comingled anytime during processing. Once Demilitarization/Mutilation certification has been signed by both parties then and only then will property be allowed to be placed in one location.

If operation hazards are discovered during loading or Demilitarization/Mutilation operations, all work will cease immediately. SCO and DLA Operations will be notified by the SPOC. Operations will not resume until cleared by the SCO and DLA Operations.

Method and degree of Demilitarization recommended are in the best interest of the U.S. and according to DoDM

4160.28 Vol 2. The use of precision tools of ANY kind, including precision cutting tools, will not be permitted during the Demilitarization/Mutilation of this property.

B.5 Equipment:

Purchaser will supply all equipment and personnel to accomplish the Demilitarization/Mutilation of all property and associated parts/material. Additionally, Purchaser will provide necessary equipment to react to leaks, spills, and clean-up of work area at the end of each day.

Equipment may include, but is not limited, to a shear, forklift, scrap knuckle boom, shredder, torch machine, plasma cutter and Personal Protective Equipment. Purchaser is required to have sufficient MHE capable of moving material with a weight of up to 50,000 pounds from the staging area to the DEMIL pad area, approximately 500 yards.

Purchaser is required to have on-hand Storage Bins/Roll off containers to collect scrap and residue resulting from the loading, removal, segregation and/or Demilitarization/Mutilation operations. Scrap and residue shall not be accumulated on the ground. Storage Bins/Roll off containers utilized for scrap metal or cutting residues from scrap metal must be covered when not actively loading/unloading to meet requirements of the host Industrial Stormwater Permit. Scrap tires must be stored in closed and locked containers except when actively unloading, sorting, or loading to meet requirements of State of California regulations.

B.6 Meetings:

Purchaser’s Certifier and the Agency’s Verifier will conduct end of week meeting to coordinate/determine work schedule for the following week. DLA onsite personnel, SCO, and the Purchaser will agree to a fixed date and time on a weekly basis at the start of work meeting. Deviations authorized (i.e. bi-weekly, monthly, etc.) based on mutual agreement between the Purchaser and Agency.

B.7 Personal Protective Equipment (PPE):

According to 29 Code of Federal Regulation (CFR) 1910.132-140, Purchaser is hereby informed of the requirement to supply/provide Purchaser employees safety gear needed to protect from lethal projectiles, hot metal, sparks, and flames. The act of Demilitarization/Mutilation to render the property to the point of scrap can be extremely dangerous and adequate safeguards must be adhered to by Purchaser employees performing the Demilitarization/Mutilation on expended cartridge casing and associated dangerous property.

The Purchaser shall have on hand at all times hard hats, eye protection, and reflective vest to provide to and accommodate no less than five (5) Agency personnel performing a site visit.

B.8 Inventories:

Joint inventory of property will be conducted by the Certifier and Verifier before property is Demilitarized/Mutilated.

All dunnage and packaging material that is segregated or broken down will be weighed separately and is the responsibility of the purchaser to properly dispose of or recycle. Purchaser will not be billed for the separated dunnage and packaging. The purchaser is responsible to properly dispose of or recycle the dunnage and packaging material.

During the inventory, the Purchaser will be authorized to sort and break down property from the dunnage to better utilize the transportation. The Purchaser must provide adequate support as to not slow down the loading, inventory and Demilitarization/Mutilation process or Transportation times.

All weighing of the processed material, dunnage and packaging must be witnessed by DLA personnel and issued on a 1367, weight ticket and MRO. Purchaser and DLA personnel shall be required to retain a copy for their contract records.

B.9 Certifier/Verifier:

Purchaser Certifier will be present and watch or perform 100% of material being Demilitarized/Mutilated.

Government Verifier will be present and watch 100% of the process. Verifier will determine if property has been adequately Demilitarized/Mutilated. Any material not demilitarized/mutilated to the point of scrap will be further processed until proper destruction is accomplished.

B.10 Demilitarization/Mutilation Timeframe:

All Demilitarization/Mutilation performance will be completed prior to residue removal from Government site. The receiving process begins once the DLA Disposition Services Verifier and Certifier complete the Kind Count (KC) process and the property has been turned over to the Purchaser for processing. Demilitarization/Mutilation Certificates will be completed for each item when verifier has confirmed processing has been completed according to Government requirements.

All Demilitarization/Mutilation performance must be complete within five (5) working days upon receipt. However, for assets demanding intricate and time-sensitive destruction methods, the processing period may be extended to a maximum of ten (10) working days, pending approval by the Area Manager or their designate. Extensions typically should not exceed an additional five (5) working days. Any discrepancies concerning processing timelines will be referred to the Sales Contracting Officer for a conclusive resolution. The Sales Contracting Officer holds the ultimate authority in determining processing timeframes.

B.11 Military Markings:

All military markings and data plates are to be destroyed during the Demilitarization process. All Technical Data is considered Demilitarization required and must not be thrown away as dunnage. Demilitarization of Technical Data, Drawings, CD’s, Manuals, etc. must be destroyed by burning, cross-cut shredding or pulping according to Government regulations.

B.12 Title:

Title will pass to Purchaser when the Demilitarization/Mutilation has been completed and the Certificate of Demilitarization/Mutilation has been signed by both the Purchaser Certifier and the Agency Verifier and the 1367s is signed by both the Purchaser Certifier and the Agency Verifier.

B.13 Hazards:

Prior to the Purchaser Demilitarization/Mutilation of property, SIAD will drain fluids and remove refrigerants from the property. The Purchaser and SPOC will jointly inspect the property before the property is demilitarized/mutilated. If the property was not properly drained, the property will be removed from the DEMIL/MUT line and returned to SIAD for proper draining. Once drained, the property will be returned to the DEMIL/MUT line. Property will contain residual hazardous materials, batteries, Petroleum, Oil, Lubricants (POL), hydraulic oils, coolant, fuels, washer fluids, etc.

Accumulations during the processing will be the Purchaser’s responsibility to recover and store according to SIAD host installation requirements, Federal, state, and local requirements. SIAD spill response procedures will be followed by the purchaser for any spills that occur while on the installation. The purchaser is responsible to provide proper containers, labels, and any supplies required for labeling and temporary storage of materials. The purchaser will containerize the residual fluids and related waste in UN approved, Department of Transportation (DOT) shippable containers. The purchaser will ensure the appropriately sized containers are utilized for the amount of waste being containerized to ensure maximum amount of container space is utilized. The purchaser will ensure the containers are authorized performance-oriented package (POP), DOT compliant for hazardous waste being shipped.

The purchaser shall mark, label and palletize all containers IAW with all Federal, State and local (SIAD) regulations, which includes utilizing secondary containment and proper segregating. Disposal of collected residual fluids or related wastes is not included under the terms of this sale. The purchaser must ensure proper packaging, marking, labeling, palletizing, and storage of all containers for proper manifesting and disposal. The Purchaser and Government will jointly inspect the full Hazardous Waste containers and agree in writing to their status. When the Hazardous Waste containers are full, labeled, and marked, they will be placed in the designated storage location.

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

Mixing/comingling of differing types of fluids or waste within the same approved UN container, regardless of hazard class is forbidden. Containers will be palletized and staged in an area specified by the Government. The purchaser agrees that their personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

B.14 Spill Responsibility:

The Purchaser is responsible for SECONDARY CONTAINMENT: Purchaser must provide secondary containment at the worksite that meets the requirements of this section, to prevent the release of hazardous constituents into the environment. The Government must approve the plans for the containment system before it is brought on site/constructed. The Government will inspect the constructed secondary containment prior to authorizing work to begin. The Purchaser is responsible for correcting any deficiencies to the plan or the system as identified by the Government. The Government will not pay or reimburse the Purchaser for any expenses related to the containment system to include, but not limited to planning, developing, constructing, repairing, correcting deficiencies, leasing, operations, draining, cleaning and/or removal. Additionally, the Government may periodically inspect the containment system. Containment system must allow for quick removal of spilled or leaking liquid and should contain a drain (or other method) to empty liquid. Containment must be of sufficient capacity (length/width/depth) to contain the total volume of any fluid released and accumulated liquids that the property being worked may contain until the collected material is removed. At a minimum, the containment system must be able to hold 150 percent of the volume of fluid currently in the containment system.

The Purchaser is solely responsible for clean-up and disposal of all spills or leaks according to 40 CFR Part 112 during the loading and or Demilitarization/Mutilation operations of this contract that occur because of, or are contributed to, by the actions of its agents, employees, or Sub-Contractors, at no cost to the Government. Spill response will be performed by the Purchaser according to local or host installation spill response procedures. The Purchaser shall have all necessary spill response kits, equipment and supplies pre-positioned in-case of spills that may occur during these operations. 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.

The Purchaser agrees to maintain a clean and orderly worksite daily. Daily cleaning shall include but not be limited to removing debris, waste, and materials that could pose a hazard (environmental or safety) or impede work progress. The Purchaser will dispose of all waste and debris in accordance with local, State, and/or Federal regulations.

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 acceptance of a bid submitted pursuant to this IFB as fully as though such instructions, terms and conditions had been specifically set forth herein:

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

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except 2, 5, 8, 12, and 13.

C.2 SBR Part 2:

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

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: All articles apply.

Paragraph 2 is amended in its entirety to: A pre-payment of $300,000 will be necessary, which the Government will retain and apply towards the final delivery under the contract; any surplus will be refunded to the Purchaser.

Paragraph 6 is amended in its entirety to: Unless otherwise provided in the Sale, this contract may be terminated by either party without cost to the Government upon 120 days' written notice to the other, to be calculated from the date the notice is received by the Government. Both parties shall continue to perform their respective obligations under the contract until the termination date, determined from the date the notice is received by the Government, takes effect.

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except: G.

Article D. Paragraph D(a) is amended to: The Purchaser shall, at no expense to the Government and prior to contract award, 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: All articles apply except:

Article B, H and I.

C.7 SBR Part 7:

SALE BY REFERENCE PART 7: Additional Special Circumstance Conditions - Hazardous and Dangerous Property: Only articles E and S apply.

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 Purchaser’s bid shall consist of an amount per unit of issue specified in U.S. currency. Prospective bidders should be aware of certain risk factors that 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 the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per unit of issue.

The Purchaser will perform all the requirements under this 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 contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act, or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

D.2 Identification of Sales Purchaser:

Bidders should take care to ensure that their bid submission indicates whether they are submitting the bid as an authorized representative of a legal entity such as a corporation or limited liability company, or in their individual capacity or as owner of a sole proprietorship. The legal entity designated as the bidder on the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. Individuals or companies may use subsidiaries, affiliates or partners in a joint venture as subcontractors with SCO approval as per the contract terms (however such entities may also require an ERD) but may not substitute such entities as a party to the 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 (5) decimal places (example 0.01005). Minimum bid is $0.00001 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 bidder awarded this contract will be awarded all Contract Line Items Numbers (CLINs) or none of the Items.

Bidders must place a bid on each individual Item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each Item upon removal based on weight.

The highest priced cumulative 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 of 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 four items advertised for sale in the IFB are in pounds, CLIN 1- 500,000 lbs., CLIN 2- 1,000,000 lbs., CLIN 3- 2,500,000 lbs., and CLIN 4- 150,000 lbs. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.02, CLIN 3- $0.02, CLIN 4 $0.20. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN.

Example 2 shows Bidder A’s “Total Amount” equals $150,000 for all CLINs awarded.

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 may be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A

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

D.5 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).

mailto:DRMSSALESBIDS@DLA.MIL

D.6 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee) and able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government. The general standards in FAR Part 9 on contractor responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 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 $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the apparent high bidder since he/she would have the highest total amount priced responsive bid.

D.7 Ineligible Bidder:

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://legacy.export.gov/csl-search).

D.8 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder (AHB). The SCO will provide notification that you are the AHB.

The End Use Certificate (EUC) DLA Form 1822, Statement of Intent (SOI) DLA Form 2536, FAR Clause, and Certifier training will be included in the notification. A Trade Security Contract Assessment will be made by Agency personnel. The SOI must have parts 1-6 completed and signed. Complete the EUC according to the instructions provided and sign.

The apparent high bidder shall be required to provide detailed information on every storage location the apparent high bidder intends to use. The pre-award survey may be conducted at the apparent high bidder’s facility(ies), or other location(s) as deemed necessary by the Agency and may include but is not limited to a review of the apparent high bidder’s facilities and equipment, financial capability or disclosure of the apparent high bidder’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The apparent high bidder is advised that accomplishment of a pre-award survey or furnishing documents to the Agency in support of the pre-award survey is part of the assessment of the bidder’s responsibility and is not a guarantee the bidder will receive award of a contract. The SCO may rely upon information obtained in the pre-award survey in making the assessment of the bidder’s present responsibility.

Once notified that you are the apparent high bidder, you will have ten (10) working days to complete and return to the SCO all documents provided in the AHB Notification. 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.

https://sam.gov/

Pre-Award Survey will include but is not limited to the following:

a. Pass a responsibility check conducted through the Consolidated Screening List (CSL) search; however, this does not limit the requirements to be deemed responsible in accordance with FAR Part 9.

b. An Environmental Responsibility Determination (ERD) will be conducted by Agency personnel.

c. A Trade Security Control Assessment will be made by agency personnel.

d. Necessary licenses, permits and certifications will be reviewed.

e. Validate FAR Provision 52.204-24 is marked and signed.

f. Complete and return the End Use Certificate (EUC), DLA Form 1822 to the SCO.

g. Provide Demilitarization/Mutilation Certifier appointment letters to the SCO.

If at any point the Agency determines the bidder that submitted the apparent high, responsive bid cannot be found responsible, the next highest bidder will be assessed in the same pre-award survey process. This same process of vetting the next highest responsive bidder may continue, until a responsive bidder is identified and is determined to be responsible.

D.8.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services will conduct 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. All downstream facilities receiving Government property to be processed shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed. Downstream processors will be evaluated based on holding required permits, current compliance status and other factors.

The purchaser is responsible for providing copies of requisite permits for downstream processors for the ERD.

Environmental permits required for this IFB include but are not limited to:

- Industrial Stormwater Permit for downstream processors of scrap metal

- Waste tire generator, end-use facility and haulers registration/permits

California law requires any business or person that transports more than 10 tires of waste or stores more than 500 tires of waste to be permitted by CalRecycle. Waste tire generators, end-use facilities, and waste tire haulers must have a Tire Program Identification Number for each location from which used, or waste tires are generated and transported from (California Code Regs Title 14 Sect 18459.1). Transporters who may be exempt from waste tire hauler registration must indicate that they are exempt as part of the ERD.

If exporting tires out-of-state, ensure all applicable requirements are met for exporting and processing in other states.

ERDs typically take up to ten (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. Findings that are not timely correctible or are significant in nature may result in a determination that the bidder cannot be found affirmatively responsible.

Purchaser is not authorized to process Government material at a site other than those listed on the SOI.

D.9 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 perform the work specified in this contract and can comply with the applicable Federal, state, and local laws, ordinances, and regulations.

D.10 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 (An extension of up to ten (15) business days may be authorized by the SCO upon written request by the AHB that is submitted before the initial three business day suspense).

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

D.11 Start Work Meeting:

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 start of work meeting. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting the official signed Notice of Award will be sent to the Purchaser and SPOC. After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within ten (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 ten (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…