Terms and Conditions - 2024 Updated.pdf

The Arkansas Army National Guard (ARARNG) has approximately 117,570 pounds of de-milled brass from spent munitions. 45,300 pounds are located at Camp Robinson, AR and approximately 72,270 pounds are located at Fort Chaffee, Arkansas. Material has been deformed in accordance with DoD Manual 4160.28.

The attached Terms and Conditions apply to this action.

ARTICLE I: Purchase Specifications.

1) 45,300 pounds of deformed brass is available for review at Building 2300D, Camp Robinson, AR 72199 between the hours of 7:00 am through 3:30 pm Tuesday through Friday except Federal holidays. Coordinate visit with Mr.

Brandon Sherrill at 501-212-5353, brandon.l.sherrill3.nfg@army.mil.The product is currently stored in 51 each 4' x 4' x 4' Gaylord containers. Hours of operation are Tuesday through Friday, 0700-1530.

2) 72,270 pounds of deformed brass is available for review at Building 6250 Ammo Supply Point at Fort Chaffee, Arkansas 72905. Coordinate visit with Mr. Brandon Sherrill at 501-212-5353, brandon.l.sherrill3.nfg@army.mil.The product is currently stored in 51 each 4' x 4' x 4' Gaylord containers. Hours of operation are Tuesday through Friday, 0700-1530.

ARTICLE II: Purchaser Agreement.

1) A deposit is not required to submit a bid however, within three (3) business days of an award, the successful Contractor must provide an earnest money deposit of 20% of the total bid price to the Contracting Officer prior to any materials being moved. The deposit will be held for the duration of the project. Once the deposit is made, the contractor may remove materials up to the value of the deposit.

2) The ARARNG reserves the right to retain the deposit until such time as all weight tickets have been received and the purchaser has paid in full all invoices for all property removed. Interest will accrue on all late payments at the rate of 4.875% in accordance with 41 U.S.C. 611 (https://www.fiscal.treasury.gov/fsservices/gov/pmt/promptPayment/rates.htm) In addition, an administrative fee may be charged to collect a delinquent payment.

3) Material must be removed within seven (7) working days of notification of approval.

The Camp Robinson Recycling Center personnel shall oversee the loading of the material and shall annotate the total load weight. This total is only an estimate. The purchaser shall weigh the material at the physical property site with Recycling Center personnel. The Government's and purchaser's weights shall be compared and reconciled. The purchaser shall provide payment in one of the accepted formats within fourteen (14) calendar days of award.

4) Payment is to be made payable to the U.S. Treasury; remittance shall indicate it is for the purchase of U.S. Government Property (W912JF-23S-0001). Acceptable forms of payment include a certified check, money order, or a company check. All payments including those for charges, liquated damages, and interest must be in U.S. currency in the acceptable forms of payment.

a. Payment is to be sent to:

USP&FO for Arkansas Purchasing and Contracting Office Attn: Mr. Mark White Box 003, Building 7100 Camp Joseph T. Robinson North Little Rock, AR 72119-9600.

5) Transportation Charges: The Purchaser agrees to provide transportation related to the pickup and or shipment of the recyclable material at no charge to ARARNG QRP.

6) Bids are to be submitted by 2:00 pm Central StandardTime on February 8, 2024.

Bids may be delivered in person, mailed, or e-mailed. The address for delivery or mailing is:

USP&FO for Arkansas Purchasing and Contracting Office Attn: Mr. Mark White Box 003, Building 7100 Camp Joseph T. Robinson North Little Rock, AR 72119-9600.

E-Mail address is: mark.c.white20.civ@army.mil

7) Telephonic bids will not be accepted. The Government reserves the right to refuse all bids. Any questions are to be directed Mr. Brandon Sherrill at the email address above.

ARTICLE III: General Provisions.

1) The product is currently stored in 4' x 4' x 4' Gaylord Containers. By request the Government will provide a forklift and operator to load the containers. There is no loading dock. The buyer must provide a truck. The Government does not possess equipment on site to load any other form of transportation. Loading must be completed prior to 1530 Tuesday through Friday. Loading is not available on weekends and/or State and Federal Holidays. Securing and/or bracing of the load is the sole responsibility of the Purchaser. The Gaylord Containers will be included in the sale. Bids are to be submitted in pounds on the SF114F form.

2) Default. If the Purchaser fails to pay for and/or remove the recyclable material within the time allowed by this agreement, ARARNG QRP will send the Purchaser a default notice that must be cured within 10 days from mailing date. If Purchaser fails to cure default within the stated period, the Purchaser shall lose all rights, title and interest, which he may otherwise have acquired in and to such property as to which a default has occurred.

3) Insurance. The purchase/ representative shall be required to provide and maintain during the entire period of this contract the motor vehicle liability and bodily injury insurance as required by State and local laws.

4) Recycle Property. The purchaser or representative shall arrange with the QRP coordinator for use of the facility and any government furnished equipment available for services. Purchaser/representative shall not make changes to ARARNG QRP owned facility or equipment. Should the purchaser/representative desire to make changes the purchaser shall present the proposed change to the POC in writing. The POC will respond in a timely matter.

5) Confidentiality. Any and all information made available to the purchaser/representatives as a result of this contract, shall be kept confidential.

Purchaser will take all pertinent steps to ensure all information contained in/on recyclable material be protected from viewing or dissemination. Failure to comply with this provision is a basis for termination of the contract.

6) Transportation. The purchaser/representative must possess a valid driver’s license, insurance and vehicle registration in order to access post location.

7) Indemnification. Purchaser/representative aggress to hold and save harmless at all times the State of Arkansas (including ARARNG QRP, its agents, representative, and employees) against any and all claims, demands, suits, judgments, costs, charges, and expenses arising out of or in connection with any loss, damage or injury resulting from the negligence or other fault of the purchaser, its agents, representatives, and employees. The purchaser will release the State of Arkansas and ARARNG QRP from any and all liability from loss or damage to property and merchandise used by the purchaser or its representatives in the operation of this event due to theft, fire, storm, flood, and damage or destruction through any force of nature or otherwise.

8) Damages. The purchaser shall be financially responsible for any damages to the premises/building resulting from acts of omission or errors of the purchaser and their employees/representatives. Any acts of vandalism or theft shall be reported immediately to the installation Provost Marshall and ARARNG QRP personnel.

ARARNG QRP shall not be responsible or liable for the purchaser/representatives property.

9) Tax Liability. The Buyer assumes complete liability for all taxes applicable to its property, income, and all of its transactions arising out of or in connection with the performance of this agreement. The Buyer will not be reimbursed for any direct or indirect tax imposed on it because of this agreement or otherwise.

10) Advertisements: The Buyer agrees that none of its nor its agents’ advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contests, sales brochures, etc., shall state, infer or imply that the Buyer’s products or services are approved, promoted or endorsed by the QRP or the ARARNG in general.

11) Contract is subject to immediate termination if ARARNG QRP receives two (2) or more valid, written complaints from Commanders and/or professional staff about the purchaser or its representatives, to include but not limited to: rudeness, lack of knowledge of recyclable materials, excessive tardiness, and failure to appear on schedule days. We reserve the right to direct removal of the purchaser under this contract for misconduct, violation of confidentiality, security reasons, or whose presence has been detrimental to the interests of ARARNG QRP.

12) Award of Accepted Agreement(s): An “Acceptance of Agreement,” signed by the QRP Manager, will be scanned and emailed to the Buyer. No binding agreement shall result without such issuance of a signed “Acceptance of Agreement” by the QRP Manager.

Dangerous Property Clause:

Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove it. The Government assumes No liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees, or to any other person arising from or affiliated with the purchase, use or dispositions of this material. The purchaser shall hold the Government harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.

Signature of QRP Manager Date

Signature of Buyer Date