FSS-56 - Safety-Kleen Systems, Inc. - GS07F0122L

Page 1A Contract Number GS07F0122L

GENERAL SERVICES ADMINISTRATION

FEDERAL ACQUISITION SERVICE

AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage! is http://www.gsaadvantage.gov SCHEDULE TITLE: BUILDINGS AND BUILDING MATERIALS / INDUSTRIAL SERVICES AND SUPPLIES FSC Group: 056

CONTRACT NUMBER: GS-07F-0122L

CONTRACT PERIOD: February 1, 2016 – January 31, 2021 For more information on ordering from Federal Supply Schedules click on the GSA Schedules link at www.gsa.gov

CONTRACTOR:

Safety-Kleen Systems Inc.

2600 North Central Expressway, Suite

Richardson, Texas 75080

972-265-2456 (phone) 972-265-2947 (fax) sean.benson@safety-kleen.com www.safety-kleen.com

CONTRACTOR’S ADMINISTRATION SOURCE: Sean Benson

972-265-2456 sean.benson@safety-kleen.com

BUSINESS SIZE:

Large Socioeconomic Indicators: N/A

CUSTOMER INFORMATION:

1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs)

SIN

DESCRIPTION

253-40

Environmental Equipment & Services Related to Maintenance & Repair Shop Equipment

253-49

Automatic Cleaning Machines and Parts Washers

1b.

LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN:

(Government net price based on a unit of one)

SIN

MODEL

PRICE

SIN

Containerized Waste Services

Oil Filter Collection and Recycling Services

Leased Parts Washer Services

Customer Owned Parts Washer Services

Spray Paint Gun Cleaner Equipment Services Pricing

MILSPEC Solvent and Secondary Spill Containment Products

Disposal of EPA hazardous, non-hazardous, and universal waste

Bulk Oil Recycling containers and Oil Filter Bin $1.41

$129.48

1c.

HOURLY RATES: (Services Only)

N/A 2.

MAXIMUM ORDER*: Maximum order per SIN is as listed below:

253-40: $100,000

253-49: $200,000

*If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with

FAR 8.404.

3.

MINIMUM ORDER: $45.00

4.

GEOGRAPHIC COVERAGE: CONUS

5.

POINT(S) OF PRODUCTION:

JRI Industries (Spray Washers)

2958 East Division

Springfield, MO 65803

Blackstone-Ney (Ultrasonic and Grease Monkey)

9 North Main

Jamestown, NY 14702

New Pig Corporation

One Pork Avenue

Tipton, PA 16684

6.

DISCOUNT FROM LIST PRICES: Price offering are pre-negotiated and approved, to include the Industrial Funding Fee Basic discount, as listed below, from the awarded commercial price list. For calculation of the GSA Schedule price (price paid by customers ordering from the GSA Schedule, and the price to be loaded in to GSA Advantage), deduct the appropriate basic discount from the list price and add the prevailing IFF rate to the negotiated discounted price (Net GSA price). The current IFF is .75% and should be calculated as follows: Negotiated price divided by (1 minus .0075) which equates to Negotiated price divided by 0.9925. Example: ($100,000 / 0.9925) = $100,755.67

· Allied Products Equipment (SIN 253-49): 11%

· Products (SINs 253-40): 16%

· Parts Washer Services (253-40): 46.5%

· Analytical Services (253-40): 2%

· CWS (253-40): 20%

· CWS-Metals Recovery (253-40):

· Fluorescent Bulbs – 4 ft box: 49%

· Fluorescent Bulbs – 8 ft box: 46%

7.

QUANTITY DISCOUNT(S):

N/A 8.

PROMPT PAYMENT TERMS: Net 30 9.a Government Purchase Cards must be accepted at or below the micro-purchase threshold.

9.b Government Purchase Cards are accepted above the micro-purchase threshold. Contact contractor for limit.

10.

FOREIGN ITEMS:

11a.

TIME OF DELIVERY: Shipped 7 Days after receipt of order

11b.

EXPEDITED DELIVERY: Contact Contractor’s Representative

11c.

OVERNIGHT AND 2-DAY DELIVERY: If available, contact the Contractor for rates.

11d.

URGENT REQUIRMENTS: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery.

12.

FOB POINT: Safety-Kleen local branch (see website: www.safety-kleen.com) for closest branch address to customer’s site 13a.

ORDERING ADDRESS:

Sean Benson 2600 North Central Expressway, Suite 400 Richardson, Texas 75080

13b.

ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in FAR 8.405-3 14.

PAYMENT ADDRESS: Same as contractor Safety-Kleen Systems Inc. P.O. Box 650509, Dallas TX 75265-0509

15. WARRANTY PROVISION: Standard Commercial Warranty. Customer should contact contractor for a copy of the warranty.

Safety-Kleen makes no express warranties on the Products except as stated in documentation provided with certain new Parts Washers. EXCEPT AS SPECIFICALLY STATED IN DOCUMENTATION PROVIDED WITH PRODUCTS, SAFETY-KLEEN HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE NONINFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR THE LIKE. The limited warranties provided with Parts Washers are valid only with the use of Safety-Kleen brand chemistries or other chemistries approved by Safety-Kleen in writing. Warranties will be voided if foreign chemistries, solvents, cleaners, paint thinners or additives which will cause deleterious corrosion effects to internal surfaces and hardware components, are added to the solvent or paint thinner. This would include the addition of any compounds that include nitrocellulose. Warranties may also be voided if Buyer fails to install or operate the parts washers in accordance with the operating manual.

16.

EXPORT PACKING CHARGES: N/A

17.

TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: (any thresholds above the micro-purchase level may be inserted by contractor)

18.

TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE):

1. Scope of Services. Safety-Kleen agrees to perform the services described in purchase order or contract (“Services”) at Customer’s locations listed in purchase order contract. The intervals at which the Services will be provided and other details regarding the Services are set forth in the attachments to this order or contract and the supplemental documents, such as Customer’s written request for services, sales and service acknowledgments, proposals, placement documents, and receipts for services (individually and collectively referred to as “Supporting Documents”), all of which are incorporated herein by reference.

2. Preferred Provider. Safety-Kleen is Customer’s preferred provider for those Services identified as preferred in purchase order or contract. Customer understands and agrees that the models will be leased from Safety-Kleen (for leased services) or in the case of Customer Owned Machines, Safety-Kleen is the preferred (contracted) service provided.

3. Price and Payment.

a. Prices for the Services are listed in purchase order or contract. Applicable taxes and similar assessments are not included in the prices as and will be NOT billed on Customer’s invoice.

b. Payments are due upon completion of services rendered and shall be made by credit card or electronic payment as more specifically noted in customer’s purchase order or contract. Safety-Kleen and Customer agree that, in the event Customer fails to make payment when due and such invoices have been have been properly submitted, then the customer shall pay all prompt payment obligations are required by the Prompt Payment Act. Additionally, customer will pay all undisputed charges in accordance with this Section 3.

4. Composition of Waste Material.

a. Safety-Kleen will collect, transport, treat, recycle and/or dispose of streams of waste material generated at Customer’s locations (the “Waste Material”). Customer agrees to provide Safety-Kleen information concerning the Waste Material in a form acceptable to Safety-Kleen so that Safety-Kleen may prepare a description which characterizes and classifies the Waste Material (the “Waste Description”) for Customer’s approval and signature. The Waste Description will include a description of the chemical components of the Waste Materials, including the percentage composition of each such component stated in ranges acceptable to Safety-Kleen; the process creating the Waste Material; analytical results of the testing of the Waste Material, if available; and a listing of physical characteristics of the Waste Material. The Waste Description will be part of the Supporting Documents. Customer agrees and acknowledges that Safety-Kleen bases its testing, evaluation and procedures for Services on the Waste Description.

b. Upon request by Safety-Kleen, Customer agrees to provide Safety-Kleen a sample of the Waste Material in an appropriate container. Safety-Kleen has the right, but is not obligated, to inspect, sample, analyze, test, or retain the Waste Material sample before accepting such Waste Material.

5. Title and Nonconforming Waste.

a. Provided the Waste Material is as described in the applicable Waste Description and the Waste Material is properly packaged, coded, marked and labeled, title, risk of loss and all other incidents of ownership with respect to the Waste Material will be transferred from Customer to Safety-Kleen at either (i) the time Safety-Kleen takes possession of, signs for, and removes the Waste Material from Customer's location or (ii) the time Customer’s Waste Material is delivered to Safety-Kleen. Any marketable or usable material Safety-Kleen may recover from the Waste Material shall be the sole property of Safety-Kleen.

b. Waste Material will be considered nonconforming waste (“Nonconforming Waste”) if it fails to conform to the applicable Waste Description or if any packaging and/or marking provided by Customer is not in accordance with applicable Laws and requirements provided in advance to Customer by Safety-Kleen. In the event Waste Material is determined to be Nonconforming Waste, Safety-Kleen may reject or revoke its acceptance of the Waste Material. The rejection or revocation of acceptance shall be effective immediately upon receipt of notice, verbal or written, by Customer or its agent. Customer and Safety-Kleen will have 7 days to seek an alternative manner of disposition of the Nonconforming Waste, unless it is necessary by reason of law, facility permit or facility operating procedure to move the Nonconforming Waste in less than 7 days. If Customer and Safety-Kleen cannot agree on an alternative manner of disposition within the relevant period, Safety-Kleen shall either return the Nonconforming Waste to Customer or unilaterally determine and arrange for an alternative, lawful manner of disposition. Customer shall pay Safety-Kleen its reasonable expenses and charges for Services provided in relation to such Nonconforming Waste, including analytical work, transportation, storage, repair, replacement, decontamination and cleaning of applicable equipment and Nonconforming Waste charges.

c. Safety-Kleen shall provide due care while Nonconforming Waste is in its possession and shall be responsible only for its employees', agents', subcontractors', or invitees' gross negligence with respect to such Nonconforming Waste.

d. Safety-Kleen's acceptance of any load of Nonconforming Waste shall not be deemed a waiver of Safety-Kleen's right to reject any other loads of Nonconforming Waste.

e. In the event of a dispute under this section, Safety-Kleen may have a sample or samples of such Waste Material analyzed by a qualified, reputable, independent chemical laboratory. If chemical analysis shows that the particular Waste Material in question has the chemical composition as described in the Waste Description, then Safety-Kleen will pay the expense of the independent laboratory in performing the chemical analysis and continue its Services as originally agreed. If the chemical analysis shows that the chemical composition of the Waste Material is not as described in the Waste Description, then Safety-Kleen will proceed as set forth in this Section 5 and Customer will pay the expense of the independent laboratory in performing the chemical analysis.

6. Title to Solvent and Equipment. Safety‑Kleen will at all times retain title to its solvents or other cleaning solutions provided as part of the Services. Unless Customer purchases the equipment, Safety-Kleen shall also retain title to any equipment, including, without limitation, parts washers or storage containers, placed by Safety-Kleen at Customer’s locations. Upon termination of the Services, Customer shall immediately return to Safety-Kleen (i) all equipment and storage containers provided to Customer and owned by Safety-Kleen, in good repair and condition, normal wear and tear excepted, and (ii) all solvents and cleaning solutions.

7. Access to Premises. Customer grants to Safety-Kleen, its agents, employees, and subcontractors reasonable access to Customer's premises for purposes of providing the Services. Safety-Kleen agrees to comply with Customer's safety procedures while on Customer's premises which procedures have been reasonably provided in writing to Safety-Kleen in advance. Customer warrants that any right-of-way provided by Customer to/from Customer's premises to/from the most convenient public way, is sufficient to bear the weight of all Safety-Kleen equipment and vehicles reasonably required to perform the Services. Safety-Kleen will not be responsible for damages caused to any private pavement or accompanying subsurface of any route reasonably necessary to perform the Services.

8. Safety-Kleen Representations and Warranties. Safety-Kleen represents and warrants that:

a. Safety-Kleen is engaged in the business of providing the Services and understands the currently known hazards related to the handling of the Waste Material;

b. Safety-Kleen will perform all work in a safe and efficient manner and using industry accepted practices;

c. Safety-Kleen will comply with all requirements of federal, state, provincial and local laws, rules, regulations, by-laws, ordinances and orders (“Laws”) applicable to the Services to be performed.

9.

Customer Agreements, Representations and Warranties. Customer agrees, represents and warrants that:

a.

For the Services, Customer agrees to sign, or otherwise approve, the applicable Supporting Documents;

b.

Any description of or information regarding the Waste Material and/or the generation of the Waste Material given to Safety-Kleen by Customer will be true, accurate and complete, regardless of whether or not Safety-Kleen has sampled or analyzed the Waste Material;

b. If Customer is provided with Safety-Kleen owned equipment and material (including cleaning fluids), Customer will handle such equipment and material with reasonable care and not alter such equipment in anyway, including but not limited to alteration of the electrical, mechanical or structural aspects of the equipment;

c. If Customer is responsible for packaging and marking the Waste Material, the Waste Material (i) shall be described, coded, packaged and labeled in accordance with all applicable Laws; (ii) will conform to the Waste Description provided to Safety-Kleen; and (iii) will be produced as described in the Waste Description;

d. Customer will notify Safety-Kleen immediately upon any change to the process by which characterized Waste Material is generated;

e. Customer has not and will not mix the Waste Material with any other materials, including, without limitation, materials containing PCBs or otherwise alter the characteristics of the Waste Material;

f. Customer is currently in compliance and will comply during the term of this Agreement with all of applicable Laws relating to the Waste Material;

g. Except as otherwise provided in this Agreement, Customer holds clear title to all Waste Material to be transferred hereunder, and it is under no legal restraint or order which would prohibit transfer of possession or title to such Waste Material to Safety-Kleen; and

h. Customer will instruct all of its employees, agents, contractors, and consultants using Safety-Kleen owned or provided equipment and material (including cleaning fluids) as to the proper use of such equipment and materials in accordance with all user manuals, the Material Safety Data Sheet (“MSDS”) and label instructions, and as to the importance of maintaining the integrity of all Waste Material.

10.

Insurance. Safety-Kleen agrees to procure and maintain at least the following insurance (where applicable) covering the Services:

a. Workers' Compensation -Statutory

b. Employer's Liability- $1,000,000 per occurrence

c. General Liability (bodily injury and property damage - combined single limit) $500,000 per occurrence, $2,000,000 annual aggregate

d. Automobile Liability (and MCS-90 Motor Carriers Act of 1980 endorsement) $2,000,000 combined single limit

Upon request, Safety-Kleen shall furnish certificates of such insurance to Customer.

11. Indemnification.

a. Safety-Kleen agrees to indemnify, hold harmless and defend Customer, its directors, officers, employees and agents from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement and reasonable lawyers’ fees, consultant or other professional fees and the reasonable costs of investigation, containment and cleanup and any remedial actions required by law, regulation or order, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or comparable state superfund law [applicable only in the United States]) (collectively referred to as “Damages”), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Laws, to the extent that such Damages were caused by: (i) Safety-Kleen's breach of any term or provision of this Agreement; (ii) the failure of any representation or warranty of Safety-Kleen to be true, accurate and complete; or (iii) any negligent act or omission or willful misconduct of Safety-Kleen or its employees or agents.

b. Customer agrees to indemnify, hold harmless and defend Safety-Kleen, its directors, officers, employees and agents from and against any and all Damages, which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Laws, to the extent that such Damages were caused by: (i) Customer's breach of any term or provision of this Agreement; (ii) the failure of any representation or warranty of Customer to be true, accurate and complete; or (iii) any negligent act or omission or willful misconduct of Customer or its employees or agents.

c. If any legal action is commenced because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs (including costs of collection), in addition to any other relief to which it may be entitled.

d. In no event shall either party be liable for any special, indirect, incidental, punitive or consequential damages, whether based in contract, warranty, indemnity or tort, negligence or strict liability.

19.

TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE):

Safety-Kleen will perform the following initial service setup activities at the Customer’s location:

a) Deliver parts cleaners in good working condition of the type, design, and size specified in the Placement Document to the Customer’s location at a time and date convenient to the Customer;

b) Provide all Safety-Kleen approved cleaning solutions specified by Customer for use in the parts cleaners;

c) Ensure that all Safety-Kleen installed parts cleaners operate properly;

d) Affix labels on each Safety-Kleen parts cleaner specifying the type of cleaning solution used in that parts cleaner and information about the proper use of the cleaning solution;

e) Provide a current copy of the Material Safety Data Sheet (MSDS) for the cleaning solutions provided to the Customer; and

f) Provide a user manual that describes the proper use and operation of the Safety-Kleen parts cleaners provided to the Customer.

Once the initial service setup activities are completed, Safety-Kleen will perform the following on-going parts cleaner services according to the terms of the Placement Document and Attachments 1 and 3.

Service each parts cleaner (as described below) within the service interval noted on the Placement Document; and

Provide properly trained Safety-Kleen personnel to service each parts cleaner at the Customer’s location.

Parts cleaner service includes the following:

a) Removal of any accumulated parts cleaning debris from the parts cleaner;

b) Cleaning of the exterior of the parts cleaner;

c) Removal of used cleaning solutions from the parts cleaner;

d) Replacement of used parts cleaning solutions with fresh solutions;

e) Provide appropriate packaging, labels, transportation, and disposition of the used cleaning solutions; and

f) Repair or replacement of Safety-Kleen owned parts cleaners that no longer operate properly.

g) Deposal of all waste generated per. City, State & Federal Laws.

20.

TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A

20a.

TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A

21.

LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): Nearest Safety-Kleen branch 22.

LIST OF PARTICIPATING DEALERS (IF APPLICABLE): Safety-Kleen provides services through its network of 160 branches located across the United States.

23.

PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A

24a.

SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): See Safety-Kleen’s Website for more specific information on our products, feature and environmental waste reduction initiatives.

24b.

Section 508 Compliance for EIT: as applicable 25.

DUNS NUMBER: 05-106-0408

26.

NOTIFICATION REGARDING SAM REGISTRATION: Safety-Kleen Systems, Inc. is currently registered in System for Award Management.