SP4530-16-R-0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000047401

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4530-16-R-0003

5. SOLICITATION NUMBER

2016 APR 21

6. SOLICITATION ISSUE

DATE

Jean Kuboyama DJK0034

a. NAME

Phone: 808-473-4267

b. TELEPHONE NUMBER (No Collect calls)

2016 MAY 23

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4530

DLA DISPOSTION SERVICES - PACIFIC

DLA DISP SVCS J762 SUITE 2000

1025 QUINCY AVENUE

PEARL HARBOR HI 96860-4512

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

562920NAICS:

$20 MILSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

44PAGE 1 OF

02:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

NOTICE TO OFFERORS

1. This is a COMMERCIAL solicitation for an award of a one-time firm-fixed price contract written as performance-based. Services are to provide Management and Scrap Removal operations from the US Army Garrison Kwajalein Atoll (USAG-KA) scrap accumulation site including off island disposal and recycling. The resulting contract will provide for a 180 day performance period. The contract is estimated to begin on 11 September 2016 pending timely award and post award conference.

2. This request for proposal (RFP) consists of one (1) bid schedule, Attachment 19, for Contract Line Item Numbers (CLIN) 0001, Management and Removal of Scrap Collection Site Kwajalein Atoll Estimated 12.1 million pounds and 0002, Defense Base Act Insurance including an itemized breakdown of CLIN 0001. An omission of any line item pricing may result in the offer being considered non-responsive and may not be considered for award.

The total of these two CLINS must equal the total of the Itemized List of Requirements & Needs also on the bid schedule form. Feel free to revise the itemized list as necessary.

NOTE: Offerors must submit their prices in the United States local currency (dollars). Proposals received in currency other than dollars shall be considered non-conforming and unacceptable to the solicitation.

3. The removal will be performed in its entirety in Kwajalein which is located in the Republic of the Marshall Islands. Disposal and recycling can be performed elsewhere. The successful offeror must have all the required permits, registrations and licenses to perform work in Kwajalein. The successful Offeror shall be responsible for obtaining all necessary licenses and permits to conduct these services in accordance with all national, international, local laws, ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap.

4. In order to submit a complete proposal, Offerors shall follow instructions and complete all required forms required by this solicitation. Offerors are advised to carefully read the Performance Work Statement (PWS) and EVALUATION FACTORS – FULL AND OPEN COMPETITION in the Solicitation and note that this is a Best Value Source Selection. See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS for proposal format and content requirements. Offerors are responsible for asking their references to complete the Past Performance Questionnaire and for ensuring that the completed questionnaires are submitted directly by them to DLA Disposition Services via email at DRMSHazardousContractsHawaii@dla.mil by the solicitation closing date.

Proposals for this solicitation shall be submitted via electronic media to DRMSHazardousContractsHawaii@dla.mil. The deadline for receipt of proposals is on 23 May 2016, at 2:00 p.m.

Hawaii Standard Time (HST).

5. The contract will allow the Contracting Officer to make monetary deductions and/or a negative mark on the Contractor’s Past Performance when an Acceptable Performance Level (APL) is not met.

6. SITE VISIT: A Site Visit is not scheduled for this project. Pictures that are representative of the type of materials, equipment and vehicles stored at the Kwajalein scrap accumulation sites are provided in Attachment 13, REPRESENTATIVE PHOTOS OF SCRAP. The pictures are only representative of the type of scrap and may not be an actual depiction of the scrap that will be removed. Actual scrap requiring removal will be identified at the site after contract award. Total weight of materials, equipment and vehicles to be removed under this project will not exceed 12.1 million lbs..

DISCLAIMER: PLEASE NOTE that all images are for illustrative purposes only and are being provided to give a general overview of the quality and type of mixed scrap being offered. Specific or individual items seen in the photos may not necessarily portray actual items included in the solicitation. These photos are not intended to form part of any contract or warranty under this solicitation.

7. PRE-PROPOSAL CONFERENCE: A Pre-Proposal conference is scheduled for 10:00 a.m., Tuesday, 3 May 2016, in the 2nd floor conference room of building 550, Pearl Harbor, Hawaii. If you wish to attend the conference, please email Ms. Jean Kuboyama with attendee names to jean.kuboyama@dla.mil by close of business on 27 April 2016. If you require base access, contact Mr. Johnny Lee at (808) 473-1567 or email Johnny.Lee@dla.mil, or

PAGE 3 OF 44 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP4530-16-R-0003

Mr. Dave Utterback at (808) 473-4339 or David.Utterback@dla.mil. If you cannot attend the conference and would like to call in, please call the conference line at (808) 471-2663, Conference Code 4274. If you are planning to call in, please email Jean at jean.kuboyama@dla.mil 24 hours prior to the conference to receive an advance copy of the presentation slides. If the presentation slides are not requested 24 hours prior to conference start time, there is no guarantee that the slides will be made available before the start of the conference. All pre-proposal presentation slides and meeting notes will be made available by solicitation amendment, within 3 days of the conclusion of the conference.

8. Offerors must submit all questions regarding this solicitation via email to Ms. Jean Kuboyama at jean.kuboyama@dla.mil. Questions must be submitted no later than 5 May 2016, 2:00 p.m. HST so that the Government can provide corresponding answers via an amendment to the solicitation and still provide offerors ample time to prepare their proposals. The Government is not obligated to answer questions submitted after this common cut-off date and time. The terms and conditions of the solicitation remain unchanged unless the solicitation is amended in writing.

There will be forms you can use to formulate your Questions. Although we can entertain questions verbally from you, the responses are not official and should not be considered in preparing your proposal unless those questions are submitted and responses are provided in writing. This also holds true for any conversations via telephone or at the conference.

9. This solicitation does not commit the Government to pay any costs incurred towards submission of an offer, in making any necessary studies for the preparation thereof, or for any revisions(s) the Contracting Officer may request for the purpose of clarification of the offer.

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

1.0 GENERAL

2.0 PUBLIC AFFAIRS COORDINATION

3.0 CONTRACTOR RESPONSIBILITIES

3.1 CONTRACTOR RESPONSIBILITIES

3.2 MANAGEMENT OF THE SCRAP COLLECTION SITE

3.3 PERMITS

3.4 REPORTS

3.5 CONTRACTOR IDENTIFICATION

4.0 REMOVAL OF CURRENT INVENTORIES

5.0 DESIGN/ORGANIZE/SET UP

5.1 THE COLLECTION SITE

6.0 TRANSPORTATION

6.1 SPILL RESPONSIBILITIES

6.2 SPILL REPORTING REQUIREMENTS

6.3 SPILL REPORT

7.0 COMPLIANCE WITH LAWS

7.1 COMPLIANCE TERMS AND CONDITIONS

7.2 CUSTOMS

7.2.1 CUSTOMS DUTY TAX AND CLEARANCES

7.2.2. TRADE SECURITY CONTROL CLEARANCE (TSCC)

7.3 SAFETY REQUIREMENTS

7.3.1 SAFETY AND HEALTH PRECAUTIONS

7.4 WEATHER

8.0 OBLITERATION OF DOD MARKINGS

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8.1 QUALITY CONTROL

8.2 DISPOSAL/RECYCLING OUTSIDE THE COUNTRY OF ORIGIN

8.3 MISIDENTIFIED ITEMS

8.4 ENVIRONMENTAL CONTROLS

8.5 CONTRACTOR FURNISHED SUPPLIES, FACILITIES, AND SERVICES

8.6 CONTRACTOR PERSONNEL - CONTRACT MANAGER / ALTERNATE CONTRACT MANAGER / ON-SITE TECHNICAL REPRESENTATIVE

8.6.1 CONTRACTOR POINTS OF CONTACT

8.6.2 CONTRACTOR MANAGERS

8.6.3 APPEARANCE

8.6.4 ENGLISH REQUIREMENTS

8.6.5 CONTRACTOR KNOWLEDGE

8.6.6 RESTRICTIONS

8.6.7 EMPLOYEE TRAINING

8.6.8 PROGRESS MEETINGS

8.7 GOVERNMENT FURNISHED MATERIAL

8.7.1 SIERRA RB6000 BALER

8.7.2 FORMS AND PUBLICATIONS

8.8 GOVERNMENT-FURNISHED SERVICES AND FACILITIES

8.8.1 GOVERNMENT PERSONNEL

8.8.2 GOVERNMENT FURNISHED SERVICES AND FACILITIES TO CONTRACTOR AND CONTRACTOR PERSONNEL

8.8.3 INSTALLATION/EMERGENCY POINTS OF CONTACT

8.9 SECURITY

8.9.1 PHYSICAL SECURITY

8.9.2 KEY CONTROL

8.9.3 MATERIAL POTENTIALLY PRESENTING AN EXPLOSIVE HAZARD (MPPEH), MISSILE OR MISSILE RELATED MATERIAL (MMRM)

8.9.4 CLASSIFIED/CONFIDENTIAL REPORT

9.0 POST-AWARD ORIENTATION CONFERENCE

10.0 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) ISO 14001

ATTACHMENTS

ATTACHMENT 01 LOCATIONS

ATTACHMENT 02 ACCEPTABLE PERFORMANCE LEVELS (APLS)

ATTACHMENT 03 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

ATTACHMENT 04 DEFINITION

ATTACHMENT 05 ACRONYMS

ATTACHMENT 06 COMPACT OF FREE ASSOCIATION

ATTACHMENT 07 SUBSIDIARY AGREEMENTS - COMPILATION FOR THE REPUBLIC OF THE MARSHALL ISLANDS

ATTACHMENT 08 DLA FORM 1822, END-USE CERTIFICATE

ATTACHMENT 09 QUALITY CONTROL PLAN (EXAMPLE)

ATTACHMENT 10 GOVERNMENT FURNISHED EQUIPMENT (GFE)

ATTACHMENT 11 GOVERNMENT FURNISHED SERVICES AND FACILITIES TO CONTRACTOR AND CONTRACTOR PERSONNEL

ATTACHMENT 12 U.S. HOLIDAYS

ATTACHMENT 13 REPRESENTATIVE PHOTOS OF SCRAP

ATTACHMENT 14 PPI PART 1

ATTACHMENT 15 PPI PART 2

ATTACHMENT 16 PPI PART 3

ATTACHMENT 17 PPI PART 4C

ATTACHMENT 18 PPI PART 5

ATTACHMENT 19 BID SCHEDULE

PERFORMANCE WORK STATEMENT

1.0 GENERAL INFORMATION: The contractor shall provide all personnel, equipment, containers, tools, PAGE 5 OF 44 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

materials, supervision, and other items or services necessary to perform scrap removal operations from the US Army Garrison Kwajalein Atoll (USAG-KA) scrap accumulation site including off island disposal and recycling.

The contractor shall meet the standards including disposal and recycling as defined in this Performance Work Statement (PWS) for scrap removal from the USAG-KA scrap accumulation site (Attachment 01) and the Acceptable Performance Level (APL) (Attachment 02). The Government shall provide quality assurance using Attachment 03, Quality Assurance Surveillance Plan (QASP). The contractor shall coordinate with USAG-KA regarding Government furnished services and facilities, see paragraph 8.8.2. . Definitions of terms and acronyms used in this PWS are provided in Attachments 04 and 05 respectively.

2.0 PUBLIC AFFAIRS COORDINATION: There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of the Contracting Officer (KO). All technical reports shall be given proper review by appropriate authority to determine which Distribution Statement is to be applied prior to the initial distribution of these reports by the Contractor.

3.0 CONTRACTOR RESPONSIBILITIES:

3.1 Contractor Responsibilities: The contractor is responsible for complying with Compact of Free Association requirements including but not limited to the hiring of local nationals and wages, customs requests, taxes and duties, etc. A copy of the Compact of Free Association and Subsidiary Agreements are provided in Attachments 06 and 07. The contractor is responsible for providing all the requested information on all personnel going to Kwajalein to the facility’s security system (i.e. visas for non-residents, information for security background checks, etc.). In addition to host government requirements USAG-KA may have personnel requirements that may result in the rejection of individual contractor personnel.

3.2 Management of the Scrap collection Site: The contractor is responsible for performing all services necessary in connection with management, transportation, removal, recycling and disposal of scrap materials from the USAG-KA scrap accumulation site to include maintenance of their equipment. Required contractor services include all staff, equipment, management of the USAG-KA scrap accumulation site, host and or USAG-KA required documentation, maintenance of equipment and coordination with the Contracting Officer Representative (COR) during the removal of the scrap from the accumulation site.

3.3 Permits: The contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits to conduct these services in accordance with all national, international, local laws, ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap. The contractor is responsible to provide such licenses and permits as part of their proposal. The contractor shall maintain all licenses and permits during the entire life of the contract. All renewals and/or changes to licenses/permits will be provided to the KO within 5 calendar days of any renewals/changes.

3.4 Reports: The contractor must meet reporting requirements established by local, International ordinances and regulations that govern collection, transportation, processing, recycling, and disposal of scrap, and other materials.

3.5 Contractor Identification: All contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, all contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

4.0 REMOVAL OF CURRENT INVENTORIES: The contractor shall provide containers and remove the current accumulation of scrap materials from the atoll within 180 days of the Post Award conference. Removal shall be of materials from within the designated accumulated area fence line, above the high water mark and ground level, and items in the designated boneyard.

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5.0 DESIGN/ORGANIZE/SET UP: In coordination with USAG-KA the contractor shall establish operation sites and operating hours in the designated contractor operations areas. These sites should be designed to utilize current allocated space and to establish procedures for segregating and moving the scrap in an environmentally compliant manner.

5.1 The collection sites: The sites shall be organized to facilitate the segregation of scrap materials and excess/scrap equipment subject to this contract by type. The contractor shall provide sufficient containers for the removal of the scrap. The contractor must provide and have in place adequate containers to begin performance of the contract within30 days after contract award. All additional containers must be in place by the close of business on the last day of the first work week of the contract performance period.

6.0 TRANSPORTATION: The contractor shall provide all transportation services related to pick up, loading, marking, and any means used to secure the cargo on contractor-furnished conveyances. All transportation shall be in accordance with US Government, international and local solid waste transportation regulations.

6.1 Spill Responsibilities: The contractor shall be responsible for all spills and/or leaks of petroleum, chemical or other hazardous liquids caused by the contractor’s performance of work. All materials used to control and clean up the spill and/or leak shall be supplied and maintained by the contractor. Clean up involves spills and/or leaks from contractor operations in performance of this contract only. The contractor is not required to remediate pre-existing site contamination. The contractor shall immediately report the spills and/or leaks in accordance with the following sub-paragraph 6.2. Cleanup shall be in compliance with the Government site spill plan and all applicable government and local, laws and regulations.

6.2 Spill Reporting Requirements: The contractor shall report all spills and/or leaks in accordance with the spill and emergency plans, government and local law and or regulation. Contractor is responsible for reporting to the COR and KO all spills of special (or hazardous) wastes, regardless of quantity. Spills shall be reported to the COR immediately following the incident. The Contractor shall provide a written report to the KO no later than two (2) calendar days after the initial report. When reporting a spill the following information shall be furnished:

i. Item spilled;

ii. Quantity spilled;

iii. Exact date, time, and location of spill;

iv. Initial actions taken and time actions were taken;

v. Anticipated cleanup and disposal procedures; and

vi. Persons contacted or present at the time of the spill

6.3 Spill Report: Upon completion of spill cleanup and disposal of the spill residue, the contractor shall submit a summary report of the spill to the COR and KO. The report shall include outside direction/assistance required (if any), cleanup procedures taken, personal injury involved, and the names of all local officials contacted.

7.0 COMPLIANCE WITH LAWS

7.1 Compliance Terms and Conditions: The contractor shall be knowledgeable of and comply with all applicable portions of the most current local regulations and laws. The contractor shall identify and obtain all licenses with USAG-KA and pay all fees and other charges required at no additional cost to the Government.

7.2 CUSTOMS

7.2.1 Customs Duty Tax and Clearances: The contractor is responsible for coordinating and fulfilling any customs clearance requirements with the appropriate Compact of Free Association (CFA) office for removals at no additional cost to the Government. The contractor must provide documentation of payment or clearance to the contracting officer before removal of the property shall be allowed.

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7.2.2 Trade Security Control (TSC) Clearance: The contractor shall submit a completed Trade Security Control (TSC) clearance through DLA Disposition Services, “DLA Form 1822, End-Use Certificate” with their proposal.

See Attachment 08 for instructions. The TSC clearance is required for this contract. A new DLA Form 1822 must be filed with DLA Disposition Services if the intended disposition of the property changes.

7.3 SAFETY REQUIREMENTS

7.3.1 Safety and Health Precautions: The contractor shall take proper safety and health precautions to protect the work, the workers, the public, the property of others, and the environment. The contractor is responsible for identifying and complying with all safety requirements. The contractor is responsible for ensuring that his agents, employees, or subcontractors perform the work in a safe manner, including wearing the appropriate clothing for the work to be performed. The contractor shall also comply with the US Army Kwajalein Site Safety Plan while on the installation. The Safety Plan will be provided upon award. The contractor shall ensure that all personnel involved in the handling and transportation of the scrap material listed herein are trained in the area of spill response and general first aid procedures.

7.4 WEATHER: The contractor shall abide by all installation and safety requirements for evacuation and closures during inclement weather. The contractor shall contact the COR before traveling to Kwajalein to ensure the facilities are open for normal business and access to the facilities is available. The contractor may be required under emergency conditions to leave the facility during duty hours. The COR shall notify the contractor if evacuation is necessary. In the event of a typhoon secure all equipment that can be blown about by strong winds. In the event of significant weather events encumber contractor operations the contractor may request an extension to the term date of the contract.

8. OBLITERATION OF DOD MARKINGS: The contractor shall remove all DoD markings or markings of any DoD installation or generator facility appearing on scrap materials subject to this PWS.

8.1 Quality Control Plan: The contractor shall maintain and implement a complete Quality Control Plan (QCP) to ensure the requirements of this contract are provided for as specified. QCP shall be submitted to the CO within ten (10) calendar days of contract award date. See Attachment 09 for a sample QCP.

8.2 Transporting Outside of the Marshall Islands: When scrap and recyclable materials are transported to another country, the contractor shall comply with all applicable international and environmental laws and regulations of the exporting / importing and transit countries, including, but not limited to: Basel notification and any provisions governing the prior notification of competent authorities, transportation, temporary storage, identification, customs clearances, packaging, and labeling. See paragraph 7.2.2, Trade Security Control Clearance.

8.3 Misidentified Items: In case the US Government misidentifies a scrap material the contractor shall inform the COR as soon as the contractor becomes aware of the misidentification. The material shall not be treated or disposed of until the Government has made a determination on the matter. In the case of DEMIL-required property, the contractor shall notify the COR as soon as the contractor becomes aware of the misidentification. The contractor shall not proceed processing the item in question until receiving instructions from the Government.

8.4 Environmental Controls: This contract does not include hazardous waste. However, should hazardous waste, materials which may present an explosive hazard (MPPEH), or radioactive material outside the scope of this contract be discovered, the contractor shall immediately notify USAG-KA and the COR. The contractor shall submit a written report to the KO with a copy to the COR within 24 hours of discovery. The report shall contain:

a. Description of the material discovered

b. Time and place the material was discovered

c. Describe the classified markings noted on the material

d. Names of contractor personnel and any visitors coming in contact with the material

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e. If possible the origin of the material

f. Synopsis of the incident

g. Steps taken to prevent further exposure

h. Method used to return the material to the Government

8.5 Contractor Furnished Supplies, Facilities And Services: With the exception of Government Furnished Equipment, see paragraph 8.7, the contractor shall furnish all other equipment and supplies necessary for the performance of this contract. Contractor-furnished equipment, materials and services shall include, but are not limited to the following: containers, vehicles, material handling equipment (MHE), torches, baler, oxygen, acetylene, plasma cutters, shredders, scrap handlers and spill cleanup supplies.

8.6 Contractor Personnel - Contract Manager / Alternate Contract Manager / On-Site Technical Representative

8.6.1 Contractor Points of Contact: The contractor must provide the names and telephone numbers of the main and alternate points of contact, who for the purposes of this contract, shall be designated as contract manager, alternate contract manager and on-site technical representative.

8.6.2 Contractor Managers: The contract manager, and the alternate contract manager in the absence of the contract manager, shall have authority to act for the contractor during the operation of this contract, i.e., makes all arrangements and required coordination. The contractor agrees that notice by the KO to contactor’s designated contract manager or alternate contract manager shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the employees so designated.

8.6.3 Appearance: Contractor personnel shall present a neat appearance, and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name and employee’s name.

8.6.4 English Requirements: The contract manager, alternate contract manager and on-site technical representative must be able to understand, speak, read and write English proficiently. All correspondence pertaining to this contract shall be in the English language.

8.6.5 Contractor Knowledge: The contractor shall ensure that all operations conducted under this contract on Government installations are supervised by an on-site technical representative who possess a working knowledge of the scrap recycling industry. This individual must be capable of resolving questions / inquiries concerning technical aspects of the work involved. Examples of such work include but are not limited to classification of scrap material, completion of required documentation (including manifests), and preparation of scrap material designated for transport.

8.6.6 Restrictions: The contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. Nor shall the contractor employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval in accordance with Government regulations. The contractor shall perform checks to ensure local national or third country national employees do not present a health, safety, or security risk to Government personnel or property. The contractor shall not allow employees to perform duties under this contract if any of the required checks reveal sufficient derogatory information to indicate that the employee is unfit for work in support of this contract. This includes the required pending charge certification, criminal record and background investigation for each employee. The Government reserves the right to direct the Contractor to remove from Government premises any contractor employee that the Government deems to be either a security risk, health risk or who is otherwise considered unsuitable for work under this contract. The contractor shall not allow any employee access to the work site who has possession of or who is under the influence of, alcohol or drugs that would impair an employee's ability to perform work or compromise safety at the work site. Local or U.S. Government regulations, general orders, laws, directives and requirements issued during the contract term relating to law and order, administration, and security apply to all contractor personnel or representatives who enter any work site or perform any function pursuant to this contract in the area of operations. Violation of such rules, regulation, laws, directives or requirements

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shall be grounds for removal (permanent or temporary as the Government determines) from the work site.

8.6.7 Employee Training: The contractor shall ensure employees have current and valid professional certifications before starting work under this contract. Contractor must provide to the KO and COR, documentation of all employees' training applicable to the performance of this requirement to include certifications to operate heavy equipment such as scrap handlers, forklifts, scoop loaders, baler and tractor-trailers prior to commencement of operations. These records, accounts and certifications must be provided prior to performance by the employee(s).

8.6.8 Progress Meetings: Monthly meetings may be held between the KO, COR, DLA Disposition Services Pacific personnel and contractor to discuss contract status and/or issues. The contractor may request a meeting through the KO. The Government reserves the right to choose telephonic meetings rather than face-to-face meetings.

8.7 GOVERNMENT FURNISHED MATERIAL

8.7.1 Sierra RB6000 Baler

8.7.1.1 The U.S. government will provide the contractor exclusive use of a Sierra RB6000 Baler for the duration of the contract. See Attachment 10 for a description of the baler.

8.7.1.2 The contractor, at the contractor’s expense, shall maintain adequate public liability and property insurance during the term of the contract insuring the contractor against all claims for theft and injury to any person or property resulting from use of the baler.

8.7.1.3 The U.S. government shall in no event be liable or responsible for damage to the baler or injury to any person or property through the contractor’s use, maintenance or operation of the baler. The government shall be indemnified and held harmless by the contractor against claims for damage or injury in such cases.

8.7.1.4 The baler is provided on an “as is” condition in accordance with FAR sections 52.245-1(d) 2(iii) and 52.245-2. The Government makes no warranty that the baler is service able or suitable for contract performance...

8.7.2 Forms and Publications: The Government shall provide in electronic format, U.S. specified forms and publications required for use of Government Equipment to perform the work in this performance work statement.

The contractor shall be responsible for any accounting, auditing, and any other forms for waste reporting as required by other government agencies.

8.8 GOVERNMENT-FURNISHED SERVICES AND FACILITIES

8.8.1 Government Personnel: The U.S. Government shall not furnish any personnel to assist the contractor in the performance of the contract. The Contractor understands that any offers of assistance by U.S. Government personnel are unauthorized and the contractor shall not accept any such offers.

8.8.2 Government Furnished Services and Facilities to Contractor and Contractor Personnel Attachment 11, Government Furnished Services and Facilities to Contractor and Contractor Personnel, provides a breakdown of services that are provided by the facility. In accordance with paragraph 1.0 above upon award the contractor is to contact the USAG KA point of contract and coordinate with this furnishing for their operations and personnel.

8.8.3 Installation/Emergency Points of Contact: The Government shall provide fire prevention and protection, inspection and maintenance of Government-furnished fire extinguishers and systems, pest control, and ground maintenance. Information below will be provided at the Post-Award Conference.

Site Dial “911” Emergencies

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8.9 SECURITY

8.9.1 Physical Security: The contractor shall be responsible for safeguarding all contractor property and equipment in its control under this contract. Demilitarization-required and mutilation-required property shall be transferred to the host installation for disposition.

8.9.2 Key Control: There shall be no keys issued to contractors for Government facilities. Contractors shall have access to enter the collection site operating hours. Contractor access to Government facilities after normal operating hours and/or holidays listed in Attachment 12 must be coordinated with the COR and USAG-KA.

8.9.3 Material Potentially Presenting an Explosive Hazard (MPPEH), Missile or Missile Related Material (MMRM): Performance of this contract does not require nor authorize the contractor to handle ammunition, explosives or other dangerous articles. However if MPPEH or MMRM is discovered, the contractor shall take necessary action to protect personnel and property, isolate area and notify USAG-KA and the COR, KO. The Government shall arrange the pickup and removal of the material.

8.9.4 Classified/Confidential Report: Performance of this contract neither requires nor authorizes the contractor to handle classified property nor documents. Should contractor employees encounter actual or suspected classified property or documents, the contractor shall immediately secure the documents or property from both physical loss and compromise and notify the COR and KO of the discovery. If possible the contractor shall provide information as to which collection point provided the material. The Government shall arrange for pick up and removal of such material. The contractor shall provide a written report to the KO and provide a copy to the COR within 24 hours of discovering classified/confidential material or documents. The report shall contain:

a. Description of the material discovered

b. Time and place the material was discovered

c. What classified markings were noticed on the material

d. Names of contractor personnel and any visitors coming in contact with the material

e. Where the material originated

f. Synopsis of the incident

g. Steps taken to prevent further exposure

h. Method used to return the material to the Government

9.0 POST-AWARD ORIENTATION CONFERENCE: A Post Award Orientation Conference will be arranged by KO: Within 10 calendar days following the award of this contract. The COR will assist with contractor assess and base clearance.

10.0 Environmental Management System (EMS) ISO 14001

DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in agency Environmental Management System (EMS) Core Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program.

Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate

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facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation.

Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local Contracting Officer's Representative (COR).

11.0 DEFENSE BASE ACT (DBA) INSURANCE

The Defense Base Act (DBA) provides workers compensation type insurance coverage for contractor employees performing under government contracts outside of the United States. It is intended to be a counterpart to domestic workers compensation coverage and as such, is the sole recourse for workers who suffer on-the-job injuries or death while engaged in work in foreign locations under government prime contracts and subcontract.

Since an Act is an action required by law, this contract must include the DBA coverage as applicable.

DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of Labor (DoL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waives for foreign nationals, if acceptable workers compensation benefits are provided by applicable local law. There is no current DB A waiver for the Compact of Free Association, therefore, U.S. citizens and foreign nationals will be required to obtain D BA insurance coverage.

CLIN 0002, DBA insurance, will reimburse contractors for actual cost for obtaining/ maintaining the DBA insurance when applicable. If CLIN 0002 is applicable, this cost will be included in the contract value upon award. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the U.S. a listing of firms who do provide such coverage can be assessed at:

http://www.dol.gov/owcp/dlhwc/lascarrier.htm. Additional information regarding DBA can be referenced at http://www.do.gov. Offerors who do not include a unit price for CLIN 0002 may have their proposal considered to be non-responsive and ineligible for award.

12.0 INDEMNIFICATION

Upon receipt/removal of items from the various Government installations, the contractor assumes full accountability and physical custody of such items. The Government assumes no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personal injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control or any other person including members of the general public, caused in whole or in part by, a) the Contractor’s breach of any term or provision of this contract; or, b) any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract. The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting, and disposal of any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

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Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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SP4530-16-R-0003

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and…