DRAFT IFB 33-4052 Letterkenny MDCOS Offsite.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 33-4052

SEALED BID TERM SALE

FOR

Letterkenny, Pennsylvania

Offer Closing Date/Time: XX Month 2025, 1:00 p.m. Eastern Standard Time (EST)

Inspection Period Begins XX Month 2025, 1:00 p.m. By appointment only

Sales Contracting Officer: Nam Nguyen

EMAIL: Nam.Nguyen@dla.mil

PHONE: 269-961-4077

Sales Point of Contact to set up Inspection date and time.

Vernon Campbell, 717-317-0621, Vernon.Campbell@dla.mil

Cody Sturgeon, 717-836-2700, Cody.Sturgeon@dla.mil

Send bid to: DLADSSalesBids@dla.mil mailto:Nam.Nguyen@dla.mil mailto:Vernon.Campbell@dla.mil mailto:Cody.Sturgeon@dla.mil mailto:DLADSSalesBids@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 Facility Requirements for the Purchaser:

B.13.1 Documentations B.13.2 Location and Operational Hours B.13.3 Diagram B.13.4 Fencing B.13.5 Capabilities

B.14 Office Requirements for DLA Embedded Employees B.15 Secure Troubled Property Area:

B.16 Downsizing B.17 Facility Inspection:

B.18 Hazards:

B.19 Environmental Information Instructions, Terms, and Conditions:

B.20 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 Prepayment:

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:

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 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. This Mutilation/Demilitarization Condition of Sale (MCOS/DCOS) contract requires property to be fully drained and purged of liquids, batteries, and Ozone Depleting Substances (ODS) then demilitarized and/or mutilated and certified prior to title transfer. Property received by the Purchaser may not have been previously drained or purged of hazards including, but not limited to, fuel, antifreeze, coolants, engine oil, transmission fluid, axle and differential oil, transfer case oil, lubricants, batteries, and ODS. Any generated hazards during the drain and purge process will be the responsibility of the Purchaser to properly collect, store, and recycle or dispose IAW all Federal, state, and local regulations as well as EPA guidance, e.g., see attachments: Drain & Purge Log, DL2545, EPA Vehicle End of Life Guidance, and EPA Vehicle Salvage Yard Guidance. A Government DEMIL verifier will oversee the processing of property. This contract will consist of processing materials off-site at purchaser owned/leased facility. This contract will be for a thirty-six (36) month base period of performance with two (2) twelve (12) month option periods.

The facility used must be within 75-mile radius of either DLA Disposition Services Letterkenny, Bldg. S2293 Development Avenue, Chambersburg, PA 17201 or DLA Disposition Services Susquehanna, 5440 Carlisle Pike, Bldg. 206s, Mechanicsburg, PA 17055

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 adhering to 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

This is only to be used if on-site certified sale is unavailable. 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. All property is demilitarization or mutilation required and may consist of property/material such as:

aluminum, steel scrap, copper, brass, textile, fiberglass, Kevlar/body armor, vehicle amour and amour kits, satellite 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/ 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 Agency for disposal and may choose other methods to dispose of their material through other sales contracts, i.e. qualified recycling program (QRP).

Any pictures provided by the Agency as part of this sale are for illustrative purpose only and may not be a current representation of item(s) for sale, site location(s), or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

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).

During the three-year term base period of this contract, the Government estimates that it will provide 42,000,000 lbs.

of total material subject to the variation in weight Identified in A.4. Table 1.

Bidders are advised that removals may vary in both quantity and type. The only quantity the USG guarantees a Purchaser will receive/remove is the stated overall minimum of 20,000,000 lbs. which may be comprised of any combination of the Items/SCLs in this offering.

The estimated 42,000,000 lbs. of material may be comprised of material from each of the Items/SCLs below. The government does not guarantee any specified quantity for any Item/SCL and there are no maximum or minimums for any specific Item/SCL.

The future volume, quality, or market value of any Item/SCL cannot be predicted. Applicable statutes, regulations, policies, and agreements govern whether the disposition of items of material is processed through DLA Disposition Services or through other disposition methods. The volume and nature of the property referred for sale under this contract could be affected by such changes and are not guaranteed. The specific amounts are unknown as this is a sales contract for future generations of scrap. The generation for these items will fluctuate due to dependence on operational aspects of the worldwide USG mission. Bidders awarded a term scrap sales contract should not assume that they will receive volumes of scrap with the same or similar quantities and types that have been tendered to any other previous awardee under any other contract.

ALL OR NONE BIDDING

The bidder awarded this contract will be awarded both Items 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 bid will be determined by using the highest total price of both items.

Item 1 – E1LB Iron and Steel scrap (DEMIL Requires) - Unit -Bid Price * 21,000,000 LBS. = $A

Item 2 – MUTB Mutilation Requires - Unit Bid Price * 21,000,000 LBS. = $B

A + B = $X

X = Highest Total Amount in US dollars for the estimate of 42,000,000 LBS. comprised of the 2 Items offered for sale.

Please note that the above quantities for items 1 and 2 will be used for bid evaluation purposes only. They are not estimates or guarantees of actual quantities of each item to be tendered during performance of the contract. See section A.3, above.

Over the duration of the thirty-six (36) month base 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 21,000,000 N/A N/A

2 DS000MUTB 21,000,000 N/A N/A

Total Both 42,000,000 20,000,000 150,000,000

Note: The Total QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government makes no guarantees regarding this quantity to be offered, the quantities offered are governed by the total minimum and maximum columns in Table 1.

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 Agency’s website and traditionally applicable to Agency sales are not applicable to this IFB and sale. The description of the SCL within this sale is controlling. This means that if an Agency 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.

A.6 Packing:

Property may be packaged on pallets, in tri-walls, in manufacturer original packaging or not packaged. Purchaser is responsible for disposal of all inbound shipment packaging materials.

A.7 Inspection:

Monday – Thursday, 8:00 a.m. – 2:00 p.m. EST excluding federally recognized holidays.

Inspection can be physical or by photograph. Contact the James White at 717-446-8820 or james.e.white@dla.mil to schedule an appointment or request more photos. Physical inspection will only be at DLA Disposition Services Letterkenny, Bldg. S2293 Development Avenue, Chambersburg, PA 17201.

A.8 Loading and Removal:

Monday-Friday 7:00 a.m. - 2:00 p.m. EST excluding federally recognized holidays.

Most property will be direct shipped to the Purchaser’s approved facility. The Purchaser facility will be prepared to receive up to 20 direct shipments per week in addition to the property being removed from DLA Disposition Services Letterkenny and Letterkenny Army Depot. The number of shipments can temporarily increase up to 30 per week. The facility needs to be able to handle the surges for two to three weeks occasionally. Refer to Section B.13 for more information.

Purchaser will provide transportation for removal at:

- DLA Disposition Services Letterkenny, Bldg. S2293 Development Avenue, Chambersburg, PA 17201.

- Letterkenny Army Depot, 1 Overcash Dr, Chambersburg, PA 17201.

Government will load property onto Purchaser’s conveyance. The Purchaser must respond to removal request within three (3) business days and must provide removal transportation no later than five (5) business days from the time of request.

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 of 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.

mailto:james.e.white@dla.mil

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.

B.3 Training During the pre-award process the SCO will provide the Purchaser with “Demilitarization/Mutilation 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 1 & 2 with the certifier(s) name and signature to the SCO before work can begin. Purchaser’s certifiers will be required to take refresher training annually. Purchaser must provide an appointment letter for certifiers annually and/or each time a new certifier is added to Purchaser’s approved list of certifiers.

B.4 Demilitarization/Mutilation Operations:

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.

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

Purchaser is required to Demilitarize/Mutilate all property streams. No parts harvesting is authorized except for vehicle tires which the Agency has previously approved for sale. It is expected the Purchaser to process a minimum of one (1) million pounds of Demilitarization/Mutilation material combined per month.

All property sourced to this contract will be processed as Controlled Property and will undergo 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 and released to the Purchaser, then the property will be allowed in one location.

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

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

Method and degree of Demilitarization/Mutilation recommended are in the best interest of the U.S. and according to Defense Demilitarization Procedural Guidance. 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 must have Material Handling Equipment (MHE) capable of unloading property off conveyance weight up to 50,000 lbs. Capability to occasionally unload oversize property exceeding that limit within 48 hours advance notice. Capability to unload box trucks via ramp, dock, tailgate load, flat/step deck trailers and removable gooseneck trailers.

Purchaser will supply all equipment and personnel to accomplish the Demilitarization/Mutilation of all property and associated parts/material. Equipment and personnel must be adequate to process property within five (5) business days of receiving.

Equipment may include, but is not limited to shear, scrap knuckle boom, shredder, torch machine, plasma cutter and Personal Protective Equipment.

B.6 Meetings:

Purchaser will work with Agency designated personnel to create an operation flow chart at the Purchaser facility within 10 business days after the Start of Work meeting. The operations flow chart will include designated receiving location, sort and inventory location, unprocessed property location, Demilitarization/Mutilation processing location, processed material location, and any other pertinent operations areas.

Purchaser’s authorized representative and SPOC/Area Manager will conduct an end of week meeting to coordinate/determine work schedule for the following week. Agency onsite personnel, SCO, and the Purchaser will agree to a fixed date and time on a weekly basis at the start of work meeting. Purchaser, SCO, and SPOC will conduct monthly meetings close to the billing cycle end date (25th of each month) to reconcile the inbound weights, issued weights, and the dunnage or debris weights.

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 must always have on hand 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 Purchaser’s certifier and Government verifier when direct shipments arrive, in-bound weights will be tracked by both parties.

Purchaser and Government will observe when the property is Demilitarized/Mutilated. Processed property and dunnage/packaging material will be weighted and tracked by both parties. Only processed property will be issued to the Purchaser.

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

If the dunnage and packaging material weights exceed 20% of the inbound weights, Purchaser is entitled to be credited for the difference. The lowest unit price will be used to calculate the credit. The claim must be submitted within that billing cycle month. Credit unclaimed for the month will be lost and cannot be roll over to the next month.

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

B.9 Certifier/Verifier:

Certifier will be present and watch or perform 100% of the material being mutilated. Verifier will be present and watch 100% of the process. Verifier will determine if property has been adequately Demilitarized/Mutilated. Any material not Demilitarization/Mutilation 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 removal from DCOS site. The receiving process begins once the Agency’s 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.

For direct shipments to Purchaser facility, Purchaser will have five business days to process material, additional time beyond five business days must be requested for approval to the site Area Manager.

Any discrepancies in processing times will be promptly escalated to the Sales Contracting Officer for final resolution.

B.11 Military Markings:

All military markings and data plates are to be destroyed during the Demilitarization/Mutilation process. All Technical Data is considered Demilitarization/Mutilation required and must not be thrown away as dunnage.

Demilitarization/Mutilation 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 Facility Requirements for the Purchaser:

B.13.1 Documentations Purchaser must have a copy of the title or lease agreement of the facility the Purchaser intends to use for contract performance.

B.13.2 Location and Operational Hours The facility must be within a 75-mile radius of either DLA Disposition Services Letterkenny, Bldg. S2293 Development Avenue, Chambersburg, PA 17201 or DLA Disposition Services Susquehanna, 5440 Carlisle Pike, Bldg. 206s, Mechanicsburg, PA 17055.

The Purchaser’s facility operational hours will operate from 6:30 am to 3:00 pm Monday through Friday excluding federal holidays unless both parties agree to different operational hours via a bilaterally executed contract modification with the exception that hours maybe extended on a case-by-case basis to ensure all property received that day has been Demilitarized/Mutilated, or until all property has been properly secured for next day processing.

B.13.3 Diagram Purchaser will provide a detailed diagram drawing, illustrating sufficient space, maneuverability, and workflow processes. Diagram will list approximate sizes specified in square feet or acreage for each area.

The Agency verifier and Purchaser will develop a diagram of storage locations and layout of work areas for the Purchaser to follow for controlled and other property storage. Coordination between Purchaser and Agency is required to provide the best working diagram. This information is an Agency warehousing system and procedures requirement.

Purchaser will have a designated pre-weight staging area that will be established to facilitate efficient truck processing and parking. Truck routes will be defined for trucks entering, traversing, staging, and exiting the location.

An off-loading area will be allocated for off-loading activities, while a laydown area will serve as temporary storage for materials. A pre-processing storage area will be reserved for secure and organized storage of materials before processing, and a designated drain and purge area will be provided for related operations. The DEMIL/MUT performance area will include cutting, shear, shredding, and grapple stations for processing. A scrap residue area will manage and store scrap materials, and a separate area will be allocated for the storage of dunnage and waste.

Additionally, a parking area will be designated for personally owned vehicles (POVs).

B.13.4 Fencing Purchaser’s facility will have:

1. Security fencing around the entire facility, if the processing facility is fully enclosed fencing requirements do not apply.

2. Controlled entrances to DEMIL/MUT area.

3. Limited access to essential employees.

4. A 30-day minimum recording and retrieval capacity for the security cameras and access for Agency personnel to view if necessary. The number of security cameras shall be adequate to monitor all unprocessed property areas of the Government property.

Fencing requirements for non-enclosed facilities/outdoor material processing areas:

Industry standard fencing materials will be utilized and can vary depending on application. Some commonly used fencing materials that will meet the Governments requirement include:

1. Chain link Fencing made from galvanized steel wire woven into a mesh pattern.

2. Wrought Iron Fencing.

3. Aluminum Fencing.

4. Wood Fencing.

5. Vinyl Fencing.

6. Steel Fencing.

The fencing must be 6 feet tall, irrespective of the material used, and the gap between components will not exceed 4 inches.

Gates - The barrier will have a minimum equal or greater resistance to penetration as the adjacent fence. Manual vehicle gates will be secured with industry standard locking mechanisms.

The Purchaser may propose alternative fencing materials for consideration, provided they meet or exceed the standards outlined in this contract. Such materials shall be subject to approval by the Agency.

B.13.5 Capabilities The facility will have the capacity to process at a minimum of one (1) million pounds of Demilitarization/Mutilation material combined per month.

The facility will have the capacity to receive up to 20 direct shipments of property per week in addition to all property removed by the Purchaser from DLA Disposition Services Letterkenny. The number of shipments can temporarily increase up to 30 per week. The facility needs to be able to handle the surges for two to three weeks occasionally. If there is a surge of property requiring the number of direct shipments to increase that impacts processing timeframes, the Agency and Purchaser will mutually agree to modify processing timeframes to accommodate for property surges. Processing timeframes may be extended at the discretion of the site Area Manager.

The facility must be adequately sized to handle the unloading, unboxing, and layout of up to ten (10) shipments of material for kind and count (KC) simultaneously. Additionally, the facility must have the capacity to store up to ten

(10) shipments awaiting processing or inventory and one (1) troubled shipment awaiting resolution. In total, the facility must have the minimum storage capacity to hold 21 shipments pending process. One (1) shipment is defined as up to 52 pallets with a 48”x48” pallet size.

The facility will always be occupied by enough adequate personnel and equipment to process Demilitarization/Mutilation property within five business days of receipt. The facility will limit access to essential employees. Purchaser’s nonessential employees and visitors will always be escorted.

B.14 Office Requirements for DLA Embedded Employees Purchaser is required to furnish suitable office accommodations (climate controlled) equipped with electricity to accommodate a minimum of two Agency employees, facilitating the seamless execution of their daily responsibilities. Each office space should be outfitted with a desk and chair for every individual, along with two four-drawer file cabinets. The Agency will supply computers, scanners, printers, and copiers for the use of its personnel. Appropriate space per person is calculated at 7 ft. by 7 ft. Provide adequate space for break room, dining, refrigerator, etc. based on personnel. High-speed internet access with three LAN drops available in office spaces and Wi-Fi capabilities.

All of the above is at no cost to the Government.

B.15 Secure Troubled Property Area:

Provide a secure area within the fenced in facility for holding of troubled property. Secure area must have a dedicated security camera with a thirty (30) day minimum taping and retrieval capacity with access for Agency personnel to view if necessary. Troubled property is defined as any property not appropriate for the terms and conditions in this contract or property under DEMIL code challenge. Secure area should be of adequate size to accommodate at a minimum of one (1) shipment of material.

B.16 Downsizing Purchaser is authorized to downsize material to the point where the material can fit into the Purchaser’s conveyance in accordance with specifications provided by the base/installation. Purchaser is responsible for any required actions for completion of the downsizing (e.g. utilizing containment for residues from cutting/grinding) and any cleanup requirements for turning the site back over to the base/installation. This includes removal of residues or any spills that may arise from the downsizing and/or removal process. Spill kits, dry sweep/oil absorbent, containment and removal of debris and all costs associated to the cleanup are the responsibility of Purchaser.

B.17 Facility Inspection:

Purchaser’s Facility/worksite must pass an inspection by Agency personnel as part of the pre-award process for the SCO to find the Purchaser affirmatively responsible. Facility must be ready to receive and process property at contract award. Facility is required to be fully mission capable within thirty (30) days of Apparent High Bidder Notice (i.e., processing the estimated 1 million pounds per month average). This means that upon contract award that the Purchaser’s facility will start receiving property and that the facility will be equipped and manned to process up to 1 million pounds per month.

B.18 Hazards:

Property may 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, store, and dispose of according to Federal, state, and local requirements.

B.19 Environmental Information Instructions, Terms, and Conditions:

Property received by the Purchaser may not be previously drained or purged of hazards including, but not limited to, fuel, antifreeze, coolants, engine oil, transmission fluid, axle and differential oil, transfer case oil, lubricants, batteries, and ODS. The Purchaser is responsible for properly collecting, storing, transporting, and recycling or disposing all hazards IAW all Federal, state, and local regulations as well as EPA guidance. For example, the Purchaser will be compliant with 40 CFR Part 262 when managing any hazards generated during these operations, see eCFR :: 40 CFR Part 262 -- Standards Applicable to Generators of Hazardous Waste.

These cradle-to-grave regulations, which have civil and environmental penalties for non-compliance, detail the responsibilities of those that generate, store, transport, recycle or dispose of hazards. While the received property may not be subject to these regulations in its present form, subsequent actions taken regarding the material may cause a hazardous waste to come into existence. The Purchaser is solely responsible for ascertaining the extent to which these regulations affect it and comply therewith. This cradle-to-grave management of generated hazards during these operations is the responsibility of the Purchaser, at no additional cost to the Government. The Purchaser is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the proper management of these hazards and will be responsible for any issues and CERCLA responsibilities that arise from the management of these hazards.

The Purchaser shall ensure that its agents, employees, and Sub-Contractors involved in generating, storing, transporting, recycling or disposing hazards are trained to the level of expertise required for compliance with 40 CFR, 49 CFR, 29 CFR, chemical compatibility, safety, general first aid procedures, spill procedures, and all Federal, state, and local regulations.

The Purchaser is responsible, not the Government, for obtaining all hazardous property information regarding the location, quantity, type, characteristics, and content of any hazards generated during Demilitarization/Mutilation process for dismantling vehicles or equipment. The Government makes no warranty, express or implied, regarding information provided relating to the possible presence of potentially regulated substances.

The Purchaser shall be responsible for obtaining any necessary licenses and permits, and for complying with all Federal, state, and local laws and regulations in connection with execution of the work. The Government will not be a co-permittee on any permits obtained by the Purchaser. The Government will not be a co-generator of any waste material. The required permits and licenses include those required to generate, store, transport, and recycle or dispose of hazardous and toxic wastes regulated by Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA), and any other State or local permits regulating any waste. An industrial stormwater permit, a tire processing permit, and Clean Air Act Permit are required at this facility unless a justification is provided by applicable regulators. Permit requirements will be a matter of inquiry during the Request For Technical Proposals (RFTP) and the Sales Contracting Officer’s pre-award evaluation of the Bidders’ present responsibility and capability to satisfactorily perform the contract. It will also be a continuing matter of inquiry by the Sales Contracting Officer during the Purchaser’s performance of the sale contract. At any given time, the Purchaser will allow the Government onsite access to any facility, including sub-contracted downstream facilities, which are utilized by this contract.

Secondary containment will be required during all drain and purge operations and for any storage of hazards.

Appropriate secondary containment, Personal Protective Equipment (PPE), drip pans or an equivalent, and spill response kits will be maintained at and by the Purchaser at no additional cost to the Government, see 29 CFR 1910.176(c), 29 CFR 1910.22(a)(1)-(3), and 29 CFR 1910.141(a)(3)(i) and (g)(3). Stored hazards will be in a covered and secure building with non-permeable flooring and secondary containment.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-262

All generated hazards will be properly containerized in United Nations (UN) approved, Department of Transportation (DOT) shippable containers, at no additional cost to the Government.

Demilitarization/Mutilation operations are preferred to be performed on a non-permeable surface, but the use of a non-permeable surface is not required if residues are contained, and the area is monitored and kept clean. The Purchaser is responsible for maintaining a clean working area and preventing harm to human health or the environment.

Materials contained in vehicles or other equipment are not waste until after removal from the equipment or vehicle.

Purchaser must segregate all hazards from DOD equipment or vehicles that is required to be stored, transported, and recycled or disposed of as applicable, e.g., as non-RCRA waste, Universal Waste (UW), or Hazardous Waste (HW).

Purchaser may not comingle non-RCRA waste, UW or HW from this contract’s Demilitarization/Mutilation operations with other hazards that the purchaser is collecting at the site. All non-RCRA waste, UW and HW must be placed on separate manifests that only contain waste from this contract, except for tires. All outgoing shipping paperwork for non-RCRA waste, UW and HW and tires will be stored onsite for at least three years and will be provided to the Government upon request. If copies are not requested by the Government, the Purchaser will provide all copies to the SCO prior to destruction.

Documentation related to non-RCRA waste, UW and HW that are generated under this IFB shall bear the generator identification number issued solely to the Purchaser pursuant to applicable law but shall contain information in the remarks block noting that the waste was generated pursuant to this contract with the IFB number cited. The Purchaser shall sign the generator certification on the Uniform Hazardous Waste Manifest whenever use of the Manifest is required for disposal.

All non-RCRA waste, UW, HW, and tires, except for ODS, that are removed from vehicles/equipment will be documented by the Purchaser on the Drain and Purge Log, see attachment: Drain & Purge Log, DL2545, EPA Vehicle End of Life Guidance, and EPA Vehicle Salvage Yard Guidance. This is a daily log for the Purchaser to track commodity accumulations and downstream recycling and disposal outlets. The Drain and Purge Log will be maintained onsite for the duration of the contract and will be provided to the Government upon request. If copies are not requested by the Government, the Purchaser will provide all copies to the SCO prior to destruction.

Any material or equipment stowed in a vehicle that is not a standard fixture or regular equipment contained in the vehicle remains US government property and the Purchaser will immediately notify the SPOC upon discovery.

Received vehicles and equipment requiring Demilitarization/Mutilation are not authorized to be used, serviced, or sold prior to Demilitarization/Mutilation. The Purchaser is allowed to utilize recovered product such as oils, fuels, and batteries for onsite operations. The product can only be reused for the product’s intended manufactured purpose, e.g., oil will not be used for dust suppression but may be used for the Purchaser’s operating equipment. Any recovered products that are reused will be annotated as such on the Drain and Purge Log under the destination column. Any damage or issues caused by this reused product is not the responsibility of the Government.

The Purchaser is required to remove any ODS (CFCs, HCFCs and related compounds) from equipment/vehicles prior to Demilitarization/Mutilation per National recycling and emission reduction program 42 U.S.C. § 7671g. The equipment requiring ODS removal includes, but is not limited to, Air Conditioning (AC) units, Motor Vehicle Air Conditioning (MVAC) or MVAC-like appliances, and vehicles. The Purchaser will remove, store, transport, and recycle/dispose ODS IAW 40 CFR 82.150-156 and all Federal, state, and local regulations.

The Purchaser shall have employee(s) fully trained and certified regarding the removal of all ODS. This includes any qualifications, training, and certifications needed for safe removal, storage, transportation, and recycling/disposal of ODS.

The Purchaser shall attach a purged label or stencil to the equipment/vehicle immediately upon completion of purging. The attached label/stencil will read “EMPTY”, “Refrigerants Recovered”, or “Refrigerants Removed”.

The Purchaser shall provide written certification for each equipment/vehicle. The certification will read “All refrigerant that had not leaked previously has been recovered from the appliance.” The certification will include the https://www.govinfo.gov/content/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapVI-sec7671g.htm technician’s name, certification identification number, company name, date refrigerant was removed, type of refrigerant, amount of refrigerant removed, and technician signature. These certificates will remain onsite for at least three years and will be maintained for the life of the contract. Copies of the certificates will be provided to the Government upon request. If copies are not requested by the Government, the Purchaser will provide all copies to the SCO prior to destruction. DLA Form 2545 can be used for this certification, see attachment DL2545.

The Purchaser is advised that certain ODS is required to be returned to the DOD ODS Reserve in Richmond, VA. If any ODS is discovered in a vehicle that is listed in the ODS Reserve Acceptance List at the following link, the Purchaser will notify the SPOC who will engage with the DOD ODS Reserve to see if they are interested in scheduling a pickup at the Government’s expense: Ozone Depleting Substance Reserve (dla.mil). The Purchaser will be responsible, at no additional cost to the Government, to properly remove, containerize, and store ODS that is sent to the DOD ODS Reserve.

The Purchaser will ensure all DOD Installation, Federal, state, and local tire laws are known and followed. Some states will require a scrap site to obtain a tire processor permit, utilize a tire manifest for all tire shipments, utilize only registered tire haulers, and only send tires to tire recycler/disposal outlets that are registered with the state, even if sending tires outside of the state.

Any downstream facility that is used by the Purchaser to recycle or dispose hazards and tires must be listed in the SOI as a downstream destination for property. An Environmental Responsibility Determination (ERD) will be performed on each location. If the ERD determines a facility is not environmentally responsible, that site will not be authorized for use. If there is any deviation in downstream recycling or disposal facilities from what is listed in the SOI, the Purchaser must get prior approval from the SCO before using an alternative location.

The Purchaser will provide a copy of each downstream Treatment Storage and Disposal Facility’s (TSDF’s) and hauler applicable operating permits including, but not limited to, RCRA, Clean Air Act, Clean Water Act, TSCA, Universal Waste, Solid Waste, Industrial Stormwater, Tire Processing, and DOT Registration, etc. The Purchaser will also include a copy of each downstream TSDF’s ACORD insurance document showing pollution and general insurance coverage that is not expired.

During loading operations while on military installations, the Purchaser is authorized to downsize material to the point where the material can fit into the Purchaser’s conveyance that are IAW specifications provided by the military installation. The Purchaser is responsible for any required actions for completion of the downsizing and any installation cleanup requirements, see section B.20 Spill Response. This includes removal of residues or any spills that may arise from the downsizing and/or removal process. Spill kits, dry sweep/oil absorbent, containment and removal of debris and all costs associated to the cleanup are the responsibility of Purchaser.

Any regulatory issues, environmental contamination, violations, or fines resulting from the drain and purge, Demilitarization/Mutilation, storage, hauling, and recycling or disposal of these generated non-RCRA waste, UW, HW, tires, scrap, and metal are the responsibility of the Purchaser. The Purchaser will immediately notify the SPOC and SCO via telephone if there is an incident that causes harm to human health or environment and/or if there are any regulatory interactions with the Purchaser or subcontractors onsite or offsite regarding this processed Government property. The Purchaser will follow up with an email to the SPOC and SCO within 24 hours, detailing the incident and proposed corrective actions if applicable.

B.20 Spill Responsibility:

The Purchaser is solely responsible to clean-up and dispose all spills or leaks IAW 40 CFR Part 112 and Federal, state, and local regulations, as well as host installation spill reporting and cleanup requirements during the loading of property, unloading of property, drain and purge, Demilitarization/Mutilation, storage, and hauling operations.

When loading property while on military installations, the Purchaser will also ensure their spill response is IAW the installation’s Spill Response procedures. If Purchaser is loading, Purchaser will be required for cleaning up spills and hazards that are caused by the Purchaser, including spills from hydraulic lines on Government Furnished Equipment (GFE), without regard to degree of culpability. For any spill that occurs, Purchaser will follow the installations Spill Prevention Control and Countermeasures Plan and Spill Contingency Plan. Purchaser will notify https://www.dla.mil/Aviation/Offers/ODS-Reserve/ the SCO and the Agency’s Site Lead of any such spill by the Purchaser or their agents and will cooperate with the SCO to meet the installation’s reporting requirements.

The Purchaser is responsible for spills 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 Purchaser’s Spill Response procedures outlined in the Purchaser’s Environmental Compliance Plan.

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