SCRAP METAL AGREEMENT

NAVAL UNDERSEA WARFARE CENTER DIVISION, NEWPORT

SCRAP METAL RECYCLING SALES AGREEMENT

Sale of recyclable materials by the Recycling Program, Code 1023, located at Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT), RI

1. SOLICITATION/CONTRACT FORM

Solicitation Reference Number N6660426Q0491

1. STATEMENT OF WORK

1. Background

This is a sales agreement not a contract. The Solid Waste and Recycling Program is operated by the EMP2 Program in Code 1023.  The Solid Waste and Recycling Program operates in accordance with the Solid Waste Disposal Act and Resource Conservation and Recovery Act in order to increase diversion of Solid Waste to landfills by means of recycling.  NUWCDIVNPT annual goal is to divert 50% of solid waste from landfills.

Scrap Metal recycling is part of this initiative.  Minimum requirements are identified in this document.

This Statement of Work is for the sale of recyclable materials by Recycling Program, Code 1023, located at Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT), RI

1. Scope

This is a sales agreement to sell NUWCDIVNPT property as scrap metal commodities to a qualified scrap metal vendor. The expectations of the contractor are listed below.

Contractors will offer fixed net price per gross ton based on a percentage of the Fastmarkets price index for the Boston location.  Metal pricing shall be based on the first issue of the Fastmarkets for the month the metals are received by the contractor.  The contractor offers the price of scrap in accordance with the following:

Mixed Steel (free of all hazardous material and appliances) 

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Aluminum Solids (clean mixed clips) 

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Aluminum Borings, Turnings, Clean and Dry

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Brass (clean yellow brass rod and turnings)     

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Stainless Steel Solids (18-8 bundles, solids and clips)   

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Copper Wire (with graphite coating, no insulation)  

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

No. 2 Copper Parts

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Mixed Wire (with normal insulation)

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Mixed Wire (with heavy insulation)

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Coupro Nickel

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

Monel

Fastmarkets index name:             ______________________________ 

Price multiplied by:    __________%

NOTE:  Any additional metals, metal blends, and metals of varying quality and condition not stated above will be priced according to market conditions.  The Contractor shall explain how such prices will be computed.

1. Technical Requirements

1. NUWCDIVNPT has several types of metals for sale.  The types of metals, container size, estimated pickup frequency and estimated pounds are listed in the table below.  These figures are estimates based on historical data and are not guaranteed.  Containers are placed at fixed locations throughout the installation; however additional containers may be required on a permanent or temporary basis as the need arises.  NUWCDIVNPT reserves the right to adjust the type of metal, location of pickup, container size, and pickup frequency of metals from this list.

TYPE OF METAL

CONTAINER SIZE (cubic yards)

PICKUP FREQUENCY (times per year)

ESTIMATED POUNDS PER PICKUP

Mixed Steel

20, 40, 50

35

5,000

Aluminum Solids

20

6

4,000

Aluminum Turnings

15, 20

2

4,000

Stainless Steel

3

2

4,000

Brass

3

2

1,000

Copper Wire

3

2

1,000

No 2. Copper Parts

3

2

200

Mixed Wire (normal insulation)

20

4

5,000

Mixed Wire (heavy insulation)

20

2

0 – 50,000

Coupro Nickel

3

1

0 – 1,000

Monel

3

1

0 – 1,000

1. The Contractor will provide 12 to 22 cubic yard lugger style containers, and/or 30 to 40 cubic yard roll-off dumpsters for the accumulation of mixed metals, which includes any ferrous scrap metal or mixed metal (two or more metals together, either in solid or turning form). Additionally, the Contractor agrees to supply on an as-needed basis all roll-offs, luggers and/or self-dumping hoppers at no cost to the government within two (2) working days of request.
2. Mixed Steel will be stored outdoors. All other materials may be stored either indoors or outdoors.
3. Contractor agrees to pick up metal within two (2) working days of notification. Note that the Government reserves the right to deliver metal rather than require pickup.
4. The Contractor shall advise NUWCDIVNPT on the proper separation of scrap metal to ensure that metals are separated by type and placed in the correct bins. 
5. The Contractor shall also work with the Contracting Officer (KO) and NUWCDIVNPT Environmental Branch to remove scrap metal not defined herein that may need removal (e.g., residue from desks and chairs).  The parties agree to negotiate in good faith for these requirements, which may require different pricing, different containers, etc.  Any such agreement will be in the form of a written addendum to this agreement.
6. The Contractor will comply with all local, state and federal regulations in performing under this agreement.  The Contractor shall also comply with all Department of Transportation, NUWCDIVNPT, and Naval Station Newport regulations that apply to pickup and delivery of scrap, including having appropriate vehicle and liability insurance.
7. The Contractor’s transportation staff shall have appropriate CDL for truck operation. Drivers must obtain a security clearance and possess facility access badges and shall be responsible for any security registration fees.
8. The Contractor shall use the scales at their own facility.  NUWCDIVNPT does not have access to scales large enough to weigh all the metals generated at NUWCDIVNPT.  Therefore, the Contractor’s facility must be located within 40 miles of NUWCDIVNPT.  This is necessary in order to allow the Technical Point of Contact (TPOC) to be present during the weighing of metals at the Contractor’s facility when required. 
9. The government reserves the right to schedule an appointment with the Contractor and perform a site visit at Contractor’s facility any time before, during, or after the agreement award.
10. The Contractor shall pick up materials in a lugger, roll-off container or flatbed trailer, freight on board origin.  The Contractor shall provide said standard containers at Contractor’s expense.
11. Offerors are expected to inspect the merchandise offered for sale and to satisfy themselves as to merchandise quality and all general and local conditions that may affect the offers proposed. In no event will the failure to inspect the recyclable merchandise constitute grounds for a claim after award of an agreement resulting from this solicitation (request for proposals).

1. Recyclable merchandise may be inspected on an appointment basis at various buildings at NUWCDIVNPT. Appointments may be made by contacting the Technical Point of Contact (TPOC), Mark Jasper, at 401-832-1456. No inspections will be scheduled on Saturdays, Sundays, or on federal holidays.

1. Performance

1. 1. The period of performance for this agreement will be for one (1) year from the commencement date. The agreement service period shall begin on 1 October 2026. NUWCDIVNPT may extend the term of this agreement for successive periods of one year by mutual agreement. The KO will advise the Contractor in writing at least 30 calendar days before the agreement period expires of the activity’s desire to extend the period of the agreement. The total duration of this agreement, including any extension pursuant to the option exercised under this clause, will not exceed five years from the date of the original agreement.

1. 1. Sales of some recyclable materials are Freight on Board (FOB) origin. FOB origin is defined as being loaded by NUWCDIVNPT, at NUWCDIVNPT’s expense, onto the Contractor’s or subcontractor’s trailer and transported at Contractor’s expense to Contractor’s facility.

1. 1. The Contractor shall pick up other materials in a lugger, roll-off container or flatbed trailer, freight on board origin. The Contractor shall provide said standard containers at Contractor’s expense.

1. 1. Removal of recyclable materials purchased by the Contractor must be completed between Monday and Friday during normal business hours (7AM and 3PM). The Contractor agrees to pick up material no later than two (2) working days after a request for pickup has been made by NUWCDIVNPT. Appointments for pickup may also be scheduled for Saturday mornings at the discretion of the TPOC. This will only be for extraordinary circumstances.

1. 1. The place of performance shall be addressed below:

Naval Undersea Warfare Center Division, Newport

1176 Howell Street

Newport, RI 02841-1708

1. Contract Administration Data

1. It is the TPOC’s responsibility to schedule all deliveries with the Contractor’s facility and ensure all paper work is submitted correctly.

Authorized TPOC’s name:                 TBD

Authorized TPOC’s telephone:          TBD

Authorized TPOC’s email:                 TBD

1. Payment Rates.  Contractors will offer fixed net price per ton based on a percentage of the price indexed from the Fastmarkets scrap metal rates.  The Contractor will also provide a copy of the Fastmarkets monthly metal values report to the authorized TPOC, along with the signed invoice (Release of Property form) in order to justify pricing each month.
2. Payment Cycle.  In consideration for the materials rendered, the Contractor agrees to make payment by Electronic Funds Transfer (EFT).  Payment will be made by the 10th of the following month for the previous month.  If payment is not made as specified, interest will be applied to the outstanding amount.  The interest rate will be the established treasury rate. The EFT must be completed using the current Fedwire Template with vendor information submitted to Defense Finance Accounting Service (DFAS) by the Contractor’s banking institution. To complete the EFT, the Contractor will be sent Fedwire instructions. The Contractor must notify NUWCDIVNPT on the date that the EFT is completed via email to:  TBD
3. NUWCDIVNPT will submit invoices (Release of Property forms) to the Contractor at the time of a request for material pickup.
4. The Contractor 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 contract. The Contractor will not be reimbursed for any direct or indirect tax imposed on it by reason of this agreement or otherwise.
5. The KO may, at his/her option, impose a $25.00 administrative charge on dishonored checks received from the contractor for the payment of recyclable materials.
6. A 20 percent deposit of estimated three (3) months generation, to be retained and applied to final billing, will be required from the Contractor before the first shipment.  The KO reserves the right to waive any and all deposits before the first load is delivered.

C. SPECIAL CONTRACT REQUIREMENTS:

1. Indemnity. The Contractor agrees to indemnify and hold harmless NUWCDIVNPT, the Department of the Navy and the United States (including its agencies and instrumentalities), and their officers, agents and employees against liability and against any and all claims for loss, death, injury, or property damage (including costs and expenses incidental thereto), arising out of or in connection with (i) the performance of this contract, (ii) any of the activities or actions of the Contractor’s subcontractors, representatives, agents, or employees while performing this contract, or (iii) any of the Contractor’s activities or actions.

2. Damage to Government property. Any damage to Government property during the Contractor’s removal operations is the responsibility of the Contractor, if deemed by the KO that the Contractor or his/her employee was at fault, and such damage will be repaired at the Contractor’s expense, to its original state or a reasonable facsimile thereof to the satisfaction of the KO.
 

3. Dangerous property. The Contractor is cautioned that articles or substances of a dangerous nature may remain in the recyclable material notwithstanding the care exercised to remove same. The Government assumes no liability for damage to the property of the Contractor, or for personal injuries, disabilities or death of the Contractor, his/her employees or to any other person arising from or incident to the purchase or use of this recyclable material, or for suits, actions, or claims of whatsoever nature arising from or out of the purchase of this recyclable material.

4. Subcontracts. With prior approval of the KO, a subcontractor may be used to fulfill the terms of the contract. If a subcontractor executes part of this entire contract, the Contractor will continue to be held responsible for all provisions of the contract in total.

I. CONTRACT CLAUSES:

1. Definitions. As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

(a) The term “contract” means this agreement and any modifications hereto.

(b) The term “Contracting Officer” means the person executing or responsible for administering this contract on behalf of NUWCDIVNPT, which is a party hereto, or his successor or successors.

(c) The term “Contractor” means the party responsible for buying recyclable materials at a certain price or rate from this recycling program at NUWCDIVNPT under this contract.

2. Advertisements. The Contractor 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 Contractor’s products or services are approved, promoted or endorsed by NUWCDIVNPT or its Recycling Program. Any advertisement, including cents-off coupons, which refers to the NUWCDIVNPT or its Recycling Program, will contain a statement that the advertisement is neither paid for nor sponsored in whole or in part by NUWCDIVNPT.

3. Assignment. The Contractor may not assign his right or delegate his obligations under this contract without prior written consent of the KO.

4. 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.

5. Examination of records:

(a) This clause is applicable if the amount of this contract exceeds $10,000 and the contract was entered into by means of negotiation. The Contractor agrees that the KO or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to this contract during the period of the contract and until the expiration of three years after the final payment under the contract.

(b) The Contractor agrees to include the clause in subparagraph (a), above, in all subcontracts hereunder which exceed $10,000.

6. Gratuities:

(a) NUWCDIVNPT may by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found after notice and hearing, by the Secretary of the Navy or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the contractor, to any officer or employee of the Government, NUWCDIVNPT, or its Recycling Program with a view toward securing favorable treatment with respect to the awarding, amending, or the making of any determinations with respect to the performing of this contract.

(b) In the event this contract is terminated as provided for in subparagraph (a),” above, NUWCDIVNPT shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Navy or his duly authorized representative), which shall be not less than three nor more than ten times the cost incurred by the contractor in providing any such gratuities to any such officer or employee.

(c) The rights and remedies of NUWCDIVNPT provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

7. Save and hold harmless. The Contractor shall indemnify, hold harmless and defend NUWCDIVNPT from any liability, claimed or established, for violation or infringement of any patent, copyright or trademark right asserted by any third party with respect to goods or merchandise hereby sold or any part thereof. The Contractor further agrees to hold NUWCDIVNPT harmless from all claims or judgments for damages resulting from the use of products listed in this contract. Also, the Contractor shall at all times save and hold harmless NUWCDIVNPT, its agents, representatives and employees from any and all suits and expenses which arise out of acts or omissions of the Contractor, its agents, representatives, or employees.

8. Law governing contracts. In any dispute arising out of this contract in which the decision requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined according to the substantive laws of the United States.

9. Legal status. NUWCDIVNPT is an integral part of the Department of Defense (DoD) and is an instrumentality of the U.S. Government. Therefore, NUWCDIVNPT contracts are U.S. Government contracts; however, they do not obligate appropriated funds of the United States. No appropriated funds of the United States shall become due or be paid a contractor by reason of this contract.

10. Modifications. No agreement or understanding to modify this contract will be binding upon NUWCDIVNPT unless made in writing and signed by the KO from the office that issued the contract or its successor.

11. Order of precedence. In the event of an inconsistency between provisions of this solicitation/award, the inconsistency shall be resolved by giving precedence in the following order: (1) supplies and prices, (2) special contract requirements, (3) contract clauses, (4) other provisions of the solicitation/award.

12. Termination for 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 pay the Government the agreed upon fixed net price per gross ton based on a percentage of the American Metal Market (AMM) price index for the Boston location, for any metal(s) it has collected but not paid for up to the time of termination.

13. 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.

1. Clauses incorporated by reference. The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) are hereby incorporated into this solicitation/award by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term “Government” is deleted and NUWCDIVNPT is substituted in lieu thereof. The date of each clause shall be the current date set forth in the FAR on the issuance date of the contract(s) awarded as a result of this solicitation (request for proposals). Clauses made inapplicable by the reference or by the kind of order or contract (e.g., contracts for services or purchase of supplies) instead of for sale of recyclable materials are self-deleting. The complete text of any clause incorporated in this solicitation/contract by reference is available at www.acquisition.gov/FAR.

REFERENCE

CLAUSE TITLE

52.203-5

COVENANT AGAINST CONTINGENT FEES

52.222-21

PROHIBITION OF SEGREGATED FACILITIES

52.222-22

PREVIOUS CONTRACTS AND COMPLIANCE

REPORTS (Please X where Applicable)

The offeror represents that --

(a) IT has, __  has not participated in a

previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b)It ___  has, __   has not filed all required compliance reports; and

(c)Representations indicating submission of required compliance reports, signed by proposed

subcontractors. will be obtained before subcontract awards.

52.222-26

EQUAL OPPORTUNITY

52.222-35

EQUAL OPPORTUNITY FOR VETERANS

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

E. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS:

1. Offerors shall submit offers via email to jennifer.m.vatousiou.civ@us.navy.mil . Such offers shall specifically refer to this request for proposals, must include the item(s) or lot(s), estimated quantities, and the unit prices for which the offer is submitted. Additionally, the offer shall contain all the representations and other information required by the request for proposals together with a statement that the Offeror agrees to all the terms, conditions, and provisions of the solicitation. Failure of the Offeror to furnish in the electronic or facsimile offer, the representations and information required in the request for proposals may necessitate rejection of the offer. Offers must be signed by a person authorized to conduct negotiations and sent to the attention of the Contract Negotiator, Jennifer Vatousiou. The Contract Negotiator may be reached at 401-832-5265 or email jennifer.m.vatousiou.civ@us.navy.mil . Proposals must be received by 11:00 AM EST on Tuesday, 18 August, 2022. Offers received after this date and time are considered late and are ineligible for award.

2. Requirements for Offeror Completion. Certain Sections of this solicitation require the offeror to provide information. Offerors should review the solicitation carefully, fill in all blanks, and insert relevant data wherever required. *Sections of Note- B, I (Provision 52.222-22), and Section M (Signature).

3. Collusion warning. Offerors are cautioned to submit their offers without consultation, communication, or agreement with any other offeror for the purpose of restricting competition. Offer (bid) rigging is a federal felony criminal offense under section 1 of the Sherman Anti-Trust Act (15 U.S.C. 1 ). Conviction carries with it a fine of up to $1,000,000 for corporations and up to $100,600 or three years imprisonment (or both) for individuals. Contractors are encouraged to report suspected violations of this criminal law to the Contract Negotiator at 401-832-2027. This matter is of the greatest importance to this contract and your utmost cooperation in insuring that this process exemplifies maximum free and open competition among offerors is solicited and appreciated.

4. Explanation to Offerors. Any explanation desired by an offeror regarding the meaning or interpretation of the request for proposals, specifications, conditions, etc., must be requested in writing and received by the Contract Negotiator in sufficient time to allow for a reply to reach all offerors before the submission of their proposals. Oral explanations or instructions given before the award of a contract(s) will not be binding. Any information given to a prospective offeror as an amendment to the request for proposals will be furnished to all prospective offerors.

5. Contractor Registration Requirements. Any contractor doing business with the federal government must be registered with and provide Online Representations and Certifications to the System for Award Management located at www.Sam.gov.

6. Past Performance Information. Provide a list of all the most current relevant (maximum of 5) contracts and subcontracts that are currently in process or have been in completed during the past two (2) years. Contracts listed shall include those entered into with Federal, State or local Governments as well as commercial customers. Please provide the contract number and a point of contact for all contracts listed.

F. EVALUATION FACTORS FOR AWARD OF CONTRACT:
 

1. Single award by lot. An award will generally be made to a single responsive responsible Offeror for all items for each lot. However, NUWCDTVNPT reserves the right to split lots or to award by item when the KO determines that to be more advantageous to NUWCDIVNPT.

2. Contract(s) will be awarded to those responsible Offerors whose proposals (conforming to the request for proposals) will be most advantageous to NUWCDIVNPT, price and other factors considered. Award will be based on the best value offered to the Government. -Offers will be evaluated on two evaluation factors, PAST PERFORMANCE and PRICE. Each factor is equally important.

1. Past Performance - Past performance will be evaluated as an indicator of the Offeror's expected future performance. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance are representative of the types of data that may be considered. The Government may contact points of contact listed in the Offeror's proposal for the purpose of obtaining additional past performance information. The number of contacts, if any, will be determined by the Government at its discretion. Selection of contacts may be random.

(i) The Government may consider information concerning the Offeror's past performance that is not contained in the proposal. This may include information furnished by points of contact not named in the proposal or information from other sources such as Past Performance Information Retrieval System.

(ii) In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on past performance.

1. Price -The Government will evaluate proposed prices in accordance with FAR 15. 15.404-1-Proposal Analysis Techniques.

3.         NUWCDIVNPT reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. In addition NUWCDIVNPT reserves the right to Withdraw or not award a contract for which the KO determines the price(s) received are not fair and reasonable.

4.         Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the KO to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.