SF1449_SP4530-17-R-0003_issued.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0067982669

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4530-17-R-0003

5. SOLICITATION NUMBER

2017 MAR 28

6. SOLICITATION ISSUE

DATE

Curtis Chang PYMPHZ1

a. NAME

Phone: 808-473-4274

b. TELEPHONE NUMBER (No Collect calls)

2017 APR 11

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 100UNRESTRICTED 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

562219NAICS:

$38,500,000SIZE 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

34PAGE 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 firm-fixed price one-time purchase order written as performance-based estimated to begin on or about 1 June 2017 (or earlier) pending timely award. Services are to provide Removal, Transportation and Disposal of approximately 95,000 lbs of commercial scrap tires from DLA Disposition Installation Services, Guam. The resulting contract will provide for a 30-day disposal after receipt of award.

2. This request for proposal (RFP) consists of one (1) priced line item. The unit of measure is pounds.

However, our acquisition software would not allow use of this term, so the unit of measure in the bid schedule is unit (UN). One pound is equal to one unit.

3. The successful offeror must have all the required permits, registrations and licenses to perform the pickup and disposal. Failure to submit such necessary permits and licenses as part of the prospective offeror’s proposal may render the proposal unacceptable.

4. In order to submit a complete proposal, Offerors shall follow instructions in the ADDENDUM TO SOLICITATION SP4530-17-R-0003. 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 Lowest Price Technically Acceptable Source Selection. See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS for proposal format and content requirements. Proposals for this solicitation shall be submitted via electronic media. The email address for receipt of offers is DRMSHazardousContractsHawaii@dla.mil. The deadline for all proposals is on 11 April 2017, at 2:00 p.m. Hawaii Standard Time (HST).

5. SITE VISIT: A Site Visit is scheduled at DLA Disposition Installation Services, Guam, Japan on 4 April, at 9:00 a.m. Chamorro Time Zone (local time in Guam). Prospective offerors are highly encouraged to attend the site visit. Please contact Mr. Tracy Kyle at phone 671-339-4056 by 31 March 2017, or email tracy.kyle@dla.mil, to allow ample time to process clearances to enter the site. (Alternate is Mr. Peter Contreras at 671-339-3236/4057 or email Peter.Contreras@dla.mil). Failure to provide the required notice prior to the site visit date is at the burden of the visitor. Offerors are urged and expected to inspect the site where pickup will be performed and to satisfy themselves regarding all general and local conditions and necessary equipment that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

6. Offerors must submit all questions regarding this solicitation via email to Mr. Curtis Chang at Curtis.chang@dla.mil. Questions must be submitted no later than 6 April 2017, 3:00 p.m. HST, so that corresponding Government answers can be issued via solicitation amendment before closing. The Government is not obligated to answer questions submitted after this common cut-off date.

7. This solicitation does not commit the Government to pay any costs incurred in the 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

1.0 INTRODUCTION: Defense Logistics Agency (DLA) Disposition Services has commercial scrap tires, which requires removal, recycling and/or final disposal. Government estimates there is approximately 95,000 lbs of commercial scrap tires, which include ground vehicular tires, solid and pneumatic tires from passenger vehicles, pneumatic tires from heavy equipment, solid and pneumatic tires from industrial equipment, solid and pneumatic tires from agricultural equipment, bias ply or steel belted used tires.

1.1 ACCEPTABLE PERFORMANCE LEVEL (APL): N/A

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SP4530-17-R-0003

1.2 PERIOD OF PERFORMANCE: This will be a one-time disposal requiring contractor to pick up the commercial scrap tires within 30 days from award.

1.3 INDEMNIFICATION: Upon receipt or removal of items from the government installation the contractor assumes full accountability and physical custody of such items. The Government assumes no liability for damage to the property of the contractor, to the property of any person, or public property or for the personnel injuries, illness, disabilities or death to the contractor, contractor’s employees and any other person subject to the contactor 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 will-full 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 violations of RCRA, CERCLA or any similar state enforcement programs under which the Government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other request for monies or any other type of relief arising from or incident to the processing, transporting and disposal of the industrial solid waste or subsequent operation performed upon, exposure to, or contact with any component, part, constituent or ingredient of this waste, whether intentional or accidental.

1.4 ENTERPRISE CONTRACTOR MANPOWER REPORTING APPLICATION: The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required fields using the following web address: http://www.ecmra.mil/.

1.5 DENIED AREAS: The contractor understands and agrees that the ultimate destination of any property disposed of under this service contract will not be to Afghanistan Albania, Bulgaria, Burma, Cambodia, Peoples Republic of China, Cuba, Estonia, Ethiopia, Haiti, Iran, Iraq, Laos, Latvia, Lithuania, Madagascar, Mongolia, Mozambique, North Korea, Peru, Romania, Somalia, Sudan, Syria, Vietnam, all the former states of Yugoslavia, (Croatia, Slovenia, Bosnia- Herzegovina, Montenegro, Serbia and other Republics), and all of the former states of the Soviet Union or any other destinations that be specifically prohibited in the contract.

1.6 DISPOSITION SERVICES ISO 14001:2004(e) ENVIROMENTAL MANAGEMENT SYSTEM (EMS):

1.6.1 The 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 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 DLA Disposition Services Manual 6050.02, Environmental Management System. An electronic version of the instruction may be provided to the contractor upon request to the DLA Disposition Services Environmental Management Representative (EMR) through the KO.

1.6.2. Site supplements to the DLA Disposition Services Instruction 6050.02 describe information required by EMS at a local level such as local, prefecture, and host environmental regulations as well as local emergency procedures and operating systems 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. Copies of site supplements may be obtained from the EMR appointed at each site with an

EMS.

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

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the DLA Disposition Services EMR and Host facility EMR for specific guidance concerning an individual facilities' EMS program.

1.6.4. The Disposition Services EMR maintains a list of sites that have a site EMS. Contractors may request a copy of the list from the DLA Disposition Services EMR through the KO.

1.7 DISPOSITION SERVICES VOLUNTARY SAFETY PROGRAM: The Defense Logistics Agency Disposition Services announced in May 2009 that it would improve its approach to safety and health at all installations and initiated the U.S. Department of Labor, Occupational Safety and Health Administration’s (OSHA) Voluntary Protection Program (VPP). VPP is a program that assists organizations in continuing to improve safety and occupational health program excellence. VPP is based on the sustained safety excellence programs that are already in place. Under VPP, management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system. Contractors and their personnel are to be aware that each Disposition Services facility is engaged in this program to be aware of VPP policies in performing their work and/or gaining access to an installation. More information on VPP may be found at:

http://www.osha.gov/dcsp/vpp/index.html

1.8 PUBLIC RELEASE OR DISSEMINATION OF INFORMATION: 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 KO.

All technical reports will 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. Papers resulting from unclassified contracted fundamental activities are exempt from prepublication controls and this review requirement, pursuant to DoD Instruction 5230.27.

1.9 DISP SVCS GREENING PROGRAM: The Greening Program is an initiative developed to increase recycling in lieu of Abandonment & Destruction Actions. The Greening Program has precedence over this contract.

Therefore, the Greening Program may affect the quality and/or quantity of tires the contractor will receive under this contract.

2.0 PERFORMANCE WORK SCHEDULE

2.1 CALL ORDERS: N/A

2.2 REMOVAL PROCESS:

2.2.1 Prior to bidding, offerors will be provided the opportunity to schedule a site visit to evaluate logistical assets needed for removal. DLA Disposition Services Guam will notify the Disposal Contractor that the items are ready to be picked up for final removal and disposal. Both parties will agree to an appointment date and time to start the removal process.

2.2.2 On the appointment day, the Contractor will weigh in and vehicle tare weight will be recorded. The vehicle will proceed to the commercial tire accumulation area for loading. The contractor will load all material onto their vehicle with no government assistance. After loading is complete, vehicle will proceed to weight scale for Gross and Net weight. Net weight will be recorded. Contractor will repeat this process until no more than 95,000 lbs of commercial scrap tires are removed. The contractor will not exceed the 95,000 lbs estimate of commercial scrap tires. Contractor will leave the remaining commercial scrap tires in place.

Contractor will be required to sign a DRMS Form 1367 for all loads leaving the facility. Removal days will be Monday through Friday, 8:00 am to 3:00 pm, except holidays.

2.2.3 The contractor shall provide all properly trained labor, equipment, tools, personal protective equipment, material, licenses, fees, permits, certifications, supervision, manifests, and all other items and services necessary to perform the recycling/disposal of used tires/scrap tires made available by the Government. The contractor shall provide the method of disposal to the Contracting Officer at the time of proposal. The contractor agrees to provide all services/items necessary for the final disposal of all property

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listed in the schedule in accordance with all local, state and federal laws and regulations, and the terms and conditions of this contract.

2.2.4 The Contractor must perform all operations in a prudent, conscientious, safe and professional manner.

At a minimum, contractor’s personnel and equipment shall comply with applicable federal, state, local and installation laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling and disposal of scrap tires be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of use of material handling equipment, proper lifting techniques, general first aid procedures, and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the items.

2.2.5 SPILL RESPONSIBILITY: The Contractor is solely responsible for any and all spills or leaks that they cause and could involve the receipt of commercial scrap tires after taking possession from the generator. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to the Government.

2.2.6 WEIGHING OF PROPERTY: The conveyance will be weighed prior to and after unloading. The difference between the weight of the empty conveyance and the loaded conveyance will be the agreed upon weight for payment purposes. An authorized Government representative will witness all weighing. The weight, agreed upon by both the Contractor and the Government representative at the time of receiving the property, will be the basis for payment to the Contractor. The Contractor will provide a copy of the weight ticket to the Government representative.

2.2.7 Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the Contractor. The method used to weigh the conveyance will be whichever is most accurate and agreed upon by the Contractor and the Government representative.

Actual weight using Government scales (preferred method).

Actual weight using commercial scales, if Government scales are not available.

2.2.8 For either actual weight method, the conveyance will be weighed both before and after unloading. For removals where Government scales are not available or operable, the use of commercial scales is authorized.

The contractor will arrange for and incur all expenses weighing property at the nearest certified public scale.

3.0 DISPOSAL/RECYCLING

3.1 FINAL TREATMENT/DISPOSAL/RECYCLING

3.1.1 For this contract, final treatment/disposal means processing at a facility that is appropriately licensed/permitted/registered by local and/or state agencies to accept for recycling, reuse or disposal of commercial scrap tires.

3.1.2 The contractor may elect to beneficially use, re-use, recycle or reclaim the commercial scrap tires on this contract. Only authorized facilities that are appropriately licensed/permitted by local/state agencies may be used. The following also applies for all items received under this contract that is beneficially used, re-used, recycled or reclaimed: (see paragraph 3.4 Additional Facilities).

3.1.2.1 An audit trail must be provided to the facility that will beneficially use, re-use, recycle, reclaim or dispose of the rubber items, or any component thereof

3.1.2.2 Applicable Certificates of Recycling provided by the recycling facility shall be provided to DLA

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Disposition Services coordinating this disposal.

3.1.3 Recycling/disposal facilities include any facility that may receive any rubber items received under this contract, or a component thereof, at a stage where it remains a state regulated waste, as defined in applicable state regulations. Disposal of residue from any of these activities is restricted to those facilities listed in paragraph 3.1.1 (Final Treatment/Disposal/Recycling).

3.1.4 It is the Contractor’s responsibility to ensure that waste is recycled or disposed of in accordance with the timeframes specified in paragraph 1.2 (Period of Performance).

3.1.5 Commercial scrap tires subject to this contract can be shipped to other cities by the contractor, at their own expense, in accordance with applicable U.S., Basel and other international regulations. Commercial scrap tires subject to this contract will be “end of life” and suitable only for disposal, re-use, and recycling for material content or energy recovery.

3.2 DOCUMENTATION

3.2.1 PERMITS- The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and/or permits, and for complying with any applicable federal, state, and local laws, codes, and regulations in connection with the performance of the statement of work. This includes acquiring any required permits or registration necessary to operate on any of the installations listed in this contract or for transporting commercial scrap tires.

3.2.2 The contractor shall submit the documentation shown below, prior to electronically invoicing through the Wide Area Work Flow (WAWF) system, to the POC shown in paragraph 3.2.3 Government Point of Contact:

3.2.2.1 Provide original and one copy of all manifests or bills of lading (as applicable) or other documentation proving the acceptance and disposal.

3.2.2.2 Provide original and one copy of all certifications of final treatment/disposal and/or certificates of recycling, and/or certificates of destruction signed by a responsible disposal facility official.

3.2.3. Government Point of Contact:

Name: Tracy Kyle DLA Disposition Services Guam PSC 455 Box 151

FPO AP 96540-1900

Phone: 671-339-4056 Fax Number: 671-339-4228 Email Address: tracy.kyle@dla.mil

3.2.3.1 If there is a discrepancy in the documentation submitted by the contractor, the COR will issue the contractor a written notification of the discrepancy within seven (7) calendar days. Contractor shall correct any discrepancy and resubmit documentation. Documentation must be correct before the Contractor submits invoice to WAWF for payment. This will ensure that the COR can accept services and approve the invoice in

WAWF.

3.2.3.2 The Contractor is required to invoice after services are provided through WAWF. Contractor will provide information required by FAR 52.212-4(g) and other information required by WAWF when invoicing for completed work.

3.3 USE OF FACILITIES

3.3.1 The contractor shall only use treatment, storage, recycling or disposal facilities approved by the

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state agencies authorized to regulate management and disposal of commercial scrap tires. The contractor shall provide the following information for commercial scrap tires recycling, reuse or disposal facilities including, but not limited to: complete facility address; telephone number; written declaration that the facility is listed in the applicable state commercial scrap tires recycling/reuse/disposal database, EPA identification number where applicable, and regulatory points of contact. DLA Disposition Services reserves the right to verify authorization of the facility.

3.3.2 Where states do not regulate commercial scrap tires, the contractor may designate facilities that treat, store, recycle or dispose of this commodity that are listed on the DLA Disposition Services Qualified Facilities List web-site.

3.3.3 Facilities proposed for use other than those identified in paragraph 3.4 Additional Facilities requires the contractor to submit documentation to demonstrate that the facility is operating in compliance with applicable federal, state or local environmental regulations. This shall consist of a copy of the most recent inspection, by the authority having jurisdiction, attesting to the facility's acceptable compliance with applicable laws and regulations and, where applicable, a copy of the page from the facility's operating permit documenting that the permit is current, and documentation that the facility is authorized to recycle, reuse or dispose of commercial scrap tires.

3.3.4 It is the offeror’s responsibility to ensure that it can perform all work required by the RFP with the firms they submit for approval, and to propose additional firms under see paragraph 3.4 Additional Facilities to perform the work required if the contractor does not use facilities or transporters in paragraphs 3.4.1 or

3.4.2 However, this does not imply consent by the Government to any subcontracts let by the contractor in the performance of the contract resulting from this solicitation.

3.3.5 At any time during the period of this contract, the Government may disapprove a facility if any of the following apply:

(1) The facility is currently closed.

(2) The facility is identified as a significant non-complier (exhibiting RCRA Class I, or Clean Water Act violations for groundwater monitoring, inadequate or lack of closure, post-closure, or financial responsibility when required), and has not entered into a compliance schedule or similar action.

(3) The facility has been cited via an administrative order or judicial action, and the TSDF has not entered into a compliance schedule or similar action within 180 days from the time the order or judicial action was issued.

(4) The facility has exhibited a history of noncompliance (including, but not limited to RCRA class I and II violations, OSHA violations, state and local violations, and DoT violations) or exhibited a lack of good faith in POC correcting the violations. A "good faith" effort would be exhibited through promptly signing a consent agreement with the regulatory authorities, and performing in compliance with the agreement for at least six months. Repeated violations may be considered as a lack of "good faith."

(5) The facility has been identified as having groundwater contamination or is not acceptable under the state's groundwater anti-degradation policy.

(6) The facility is not permitted to and/or is not capable of handling the property proposed.

(7) The facility received a negative recommendation as a result of a DLA Disposition Services inspection visit during the preceding twelve (12) months without substantive evidence of corrected deficiencies.

(8) Omitted

(9) Where required, the facility’s financial assurance is not sufficient to protect the Government’s long

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term interests.

(10) Facilities that are unable to track property from entry to exit.

(11) The facility manages property in a manner that causes the generator of the manifest to file exception reports IAW State requirements.

(12) DLA Disposition Services is unable to validate/update the required data elements noted in paragraphs

3.4.1 or 3.4.2

3.4 ADDITIONAL FACILITIES

3.4.1 During the solicitation process or life of the contract the contractor may request to add facilities to the DLA Disposition Services approved list. Facilities submitted at solicitation closing under this clause will be reviewed and the offeror will be informed if the firm is: Acceptable or Unacceptable. If the facility is Unacceptable, offerors will be informed the reason why a firm is considered unacceptable, and cannot use that firm until the required information or permits are submitted as requested. Offerors are cautioned that DLA Disposition Services must have sufficient time to adequately review submittals under paragraph 3.4 Additional Facilities. Request for additions shall be submitted at solicitation closing date, additions after closing date may not provide sufficient time for evaluation.

3.4.2 The offeror is responsible for submittal in a timely manner. The proposed facilities will not be approved if any of the reasons in paragraph 3.3.5 (1-12) apply. The request by the Contractor to have a facility approved does not relieve the contractor of his contractual obligation to perform in accordance with the terms and conditions of the contract

3.4.3 As applicable, a Treatment, Storage or Disposal Facility (TSDF) EPA identification number where applicable. A DLA Disposition Services created BOSS number will be assigned for the approved non-RCRA facility for administrative purposes.

3.4.4 Each facility proposed by the offeror must be, as a minimum, State approved, and be in good standing with the regulatory community. The facility must also be subject to regular compliance inspections. A regular compliance inspection is defined as, at a frequency specified by the state or local regulatory authority having jurisdiction for the subject category of facility. For each water shipment, provide appropriate Certificates of Documentation, Financial Responsibility and Inspection, if applicable.

Acronyms CO Contracting Officer COR Contracting Officer Representative DEMIL Demilitarization

Definitions

Commercial Scrap Tires - Commercial scrap tires include ground vehicular tires, solid and pneumatic tires from passenger vehicles, pneumatic tires from heavy equipment, solid and pneumatic tires from industrial equipment, solid and pneumatic tires from agricultural equipment, bias ply or steel belted used tires.

Contracting Officer (CO) – The CO at the procuring activity is the individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the DLA Disposition Services. The CO is the only individual who can legally bind the Government.

Contracting Officer Representative (COR) – The contracting officer representative is the individual designated in writing by the CO to act as his/her authorized representative within the scope and limitations as defined by the CO. This individual has authority to provide technical direction to the Contractor as long

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as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the contract terms and conditions.

Gross Weight – The overall total weight of material.

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SUPPLIES/SERVICES: P100-V00007510

ITEM DESCRIPTION:

See Attached Statement of Work.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 P100-V00007510 95,000.000 UN $ ________________ $ ________________

Prep-Disposal of Excess-Surplus Property

PRICING TERMS: Firm Fixed Price

PREP FOR DELIVERY:

See Attached Statement of Work.

PERIOD OF PERFORMANCE: 06/01/2017 - 06/30/2017

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0067982669 0001 N/A N/A N/A 02/28/2018

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Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN ‘R’ OR AN ‘I’ NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

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-

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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.

(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 the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.