31-6001_Djibouti_Trucks.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

SOLICITATION OF OFFERS FOR SALE OF

Used Vehicles

IFB 31-6001

SEALED BID

One-Time Sale

CAMP LEMONNIER, DJIBOUTI

Offer Closing: April 20, 2026, 1:00 p.m. EST

Inspection Period Begins March 20, 2026, 1:00 p.m. EST

No physical inspection authorized. Photos available upon request.

Sales Contracting Officer:

Kris Smoker

Kris.Smoker@dla.mil

Sales Point of Contact (SPOC):

Primary: Ramiro Cantu email: Ramiro.cantu@dla.mil

Alternate: Lei Zhong email: lei.zhong@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Packing:

A.5 Removal:

A.6 Inspection:

A.7 Loading:

B FAR Provision 52.204-24:

B.1 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 How to Bid:

D.3 Where to Submit Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Pre-Award Survey:

D.9.1 Environmental Responsibility Determination (ERD):

D.10 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.11 Contract Award:

D.12 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Contract for Sale:

E.3 Authority of Sales Contracting Officer (SCO):

E.4 Authority of Sales Point of Contact (SPOC):

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Payment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

I MATERIAL REFERRALS, TITLE TRANSFER

I.1 Classified Material:

I.2 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.3 Radioactive Property:

I.4 Hazardous Property:

I.5 Title Transfer:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Bureau of Industry and Security (BIS):

K PURCHASER RESPONSIBILITIES

K.1 Safety Requirements:

K.2 Letter of Authorization (LOA):

K.3 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

K.4 Purchaser Use of Subcontractors:

L PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

L.2 Requirement for Purchaser to use Purchaser owned MHE:

M CONTRACT COMPLIANCE, AUDITS AND REVIEWS

M.1 Compliance with Applicable Laws and Regulations:

M.2 Licenses and Permits:

M.3 Duties of Care and Loyalty:

M.4 Purchaser Record Retention:

M.5 Contracts with Third Parties:

N DISPUTES And Claims:

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

O.2 Notices:

O.3 Headings:

O.4 Waiver:

O.5 Use of the Agency Name and Public Communications:

O.6 Tense and Gender:

O.7 Electronic Communication:

O.8 No Reimbursements:

O.9 Market, Resale and/or Export:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Chemical Agent Resistant Coating (CARC) Paint:

P.2 Refrigerant:

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a One-Time sale of used vehicles, located at Camp Lemonnier, Djibouti. There are 16 vehicles available, and they will be sold on an “all or none” basis. The total bid amount of all lines will be entered on SF114, see example forms below paragraph D.2. This is a one-time sale; full payment is due prior to removal. Removal must occur within 21 calendar days after Customs clearance.

Model: 2020 MAXUS T60 4X4 CREW CAB PICK UP

All vehicles were driven to the site by generating activity. All trucks contain a minimum amount of fuel All trucks are operatable. Some trucks have cosmetic issues such as paint defects, dents, rust, interior wear, broken console, etc.

Customers are responsible for loading, charging, jumping or replacing batteries.

A.1 Base Access Requirements:

All locations where property is located may have strict rules that may prohibit access to some individuals. To access our facilities, an apparent high bidder or their agent shall be required to obtain base access through the host installation. The local location will be able to provide information on how to obtain base access. Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser is performing requirements under this IFB and the resulting contract.

Contact SPOC to obtain point of contact information to obtain base access. The SPOC will provide contact information but will not facilitate or coordinate between Purchaser and host installation for base access requirements.

A.2 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx DLA Auction Site: https://www.sales.dla.mil/dlab2b/init.do System for Award Management: https://sam.gov/ Bureau of Industry and Security: https://www.bis.doc.gov/ U.S. Department of the Treasury: https://home.treasury.gov/ Consolidated Screening List Search Engine: https://legacy.export.gov/csl-search

A.3 Item Description:

The following table lists the line items. It is recommended that you use the forms provided with the offer.

https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search

Vehicle Identification Number (VIN) Odometer (km)

Number of Keys

Additional Notes

LSFAM11A7LA057034 36,454 1 BATTERY/NEEDS-JUMPED

LSFAM11A5LA057033 33,481 2 BATTERY/NEEDS-JUMPED

LSFAM11A9LA057035 17,068 2 BATTERY/NEEDS-JUMPED

LSFAM11A9LA057004 18,003 2 BATTERY/NEEDS-JUMPED

LSFAM11A7LA057020 27,099 2 BATTERY/NEEDS-JUMPED

LSFAM11A4LA056987 34,501 2 BATTERY/NEEDS-JUMPED

LSFAM11A3LA057029 66,848 2 BATTERY/NEEDS-JUMPED

LSFAM11A7KA093742 27,056 2 BATTERY/NEEDS-JUMPED

LSFAM11A4LA057024 25,464 2 BATTERY/NEEDS-JUMPED

LSFAM11A1KA093767 29,325 1 BATTERY/NEEDS-JUMPED

LSFAM11A8KA093748 34,855 2 BATTERY/NEEDS-JUMPED

LSFAM11A6LA057025 23,643 2 BATTERY/NEEDS-JUMPED

LSFAM11A8LA056992 15,473 2 BATTERY/NEEDS-JUMPED

LSFAM11A5LA057002 26,246 2 BATTERY/NEEDS-JUMPED

LSFAM11A1LA057014 22,506 2 BATTERY/NEEDS-JUMPED

LSFAM11A6LA056988 15,408 2 BATTERY/NEEDS-JUMPED

A.4 Table 1: IFB Item Number Details Table 1 provides specific information for the location, material, and quantity.

SITE CLIN MATERIAL DESCRIPTION BID QTY (EA)

CAMP LEMONNIER,

DJIBOUTI

10 2320DSPICKUP0 PICKUP 16

A.5 Packing:

Vehicles are not packaged and are sold as-is, where-is.

A.6 Removal:

Monday-Friday 8:00AM - 2:00PM Local, excluding US Federal and Host Nation recognized Holidays.

Purchasers are required to provide all material handling equipment (MHE) and labor for the removal of all materials;

the Government is not required to assist or provide MHE. However, assistance may be provided with prior coordination and local approval if resources are available.

The Sales Point of Contact (SPOC) will coordinate with the Purchaser by email to schedule removals. The final schedule will be provided to the SCO and will ensure all removals are completed within 21 calendar days from customs approval.

BACCO Office will determine base access upon status of background check

A.7 Inspection:

Monday-Friday 8:00AM - 2:00PM Local excluding US Federal and Host Nation recognized Holidays.

Bidders are encouraged and it is recommended that items be inspected prior to bidding. Physical inspection is not available, but photographs will be provided upon request A 48-hour notice is required. Contact SPOCs for questions or photos on specific items.

A.8 Loading:

Monday-Friday 8:00AM - 2:00PM Local, excluding US Federal and Host Nation recognized Holidays.

The Purchaser is required to provide all material handling equipment (MHE) and labor for the loading of all vehicles; the Government is not required to assist or provide MHE. However, assistance may be provided with prior coordination and local approval if resources are available.

B FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Full clause text included in attachment. The provision at FAR 52.204-24 requires an offeror to represent, on an Offer-by-offer basis, whether it will or will not provide any “covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.”

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to apparent high bidder as part of the pre-award process.

Full clause text included in attachment.

B.1 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

FAR Provision 52.204-25 titled, “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment” is incorporated by reference from the Federal Acquisition Regulation.

https://www.acquisition.gov/far/52.204-25

Full clause text included in attachment.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in Agency’s pamphlet entitled the “Sale by Reference Instructions, Terms and Conditions Applicable to Department of Defense (DoD) Personal Property Offered for Sale by DLA Disposition Services”, published July 2012, are hereby incorporated by reference and become a part of this IFB and any contract resulting from acceptance of a bid submitted pursuant to this IFB as fully as though such instructions, terms and conditions had been specifically set forth herein:

The Terms and Conditions of this IFB supersede the Sales by Reference wherever conflicted.

Note: The following SBR Parts have been amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 4 is amended to Notice of Award.

Paragraph 5.

Paragraph 9 Please note the requirement of Paragraph 12 to provide notice prior to removal if an SF 97 is requested, https://www.acquisition.gov/far/52.204-25

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except:

Paragraph 3 Paragraph 4 Paragraph 12 Paragraph 13.

Paragraph 19.

Paragraph 28.

Paragraph 29.

Paragraph 34.

Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: All articles apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed Term Conditions: Does not apply.

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except:

Article A.

Article D. Paragraph D(a) is amended to: The Purchaser shall, at no expense to the Government and prior to contract performance, confirm with the Sales Contracting Officer the following Certificates of Insurance will be effective throughout the term of the contract or any extensions thereof.

Article G.

Article L.

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: Does not apply.

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except:

Article F Article G Article H Article I Article J Article K Article L Article M Article N Article O Article P Article Q Article R Article T Article U Article V Article W

Article X Article Y

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All conditions apply except:

Article D Article K

C.9 SBR Part 9:

Special Spot Bid Conditions of Sale of Government Property: Does not apply.

C.10 SBR Part 10:

Sale of Government Property Special Auction Conditions: Does not apply.

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

The Purchaser’s bid shall consist of an amount per item specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per item.

The Government expects the Purchaser to perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

D.2 How to Bid:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A. Bidder Shall enter bid as a price per unit of issue, not to exceed five (5) decimal places (example 0.00001). Multiply bid price by quantity indicated in the “BID QTY” (EA) column being advertised in section A-4 to calculate extended bid amount.

The highest bid price will be determined by each bidder’s total contract price identified in the “total amount” on the SF114. “Total Amount” block on the SF114 will be equal to the total from all CLINs from column “Total Price Bid” on the SF 144A.

The bidder with the highest “Total Amount” bid will be considered the AHB and will be vetted prior to award in accordance with provisions in section D below. It is expected that the awarded company will remove all of the items in this IFB or none of the items in this IFB. The awarded company must possess all appropriate licenses for all items or have subcontractors with appropriate licenses to remove all items. Award will not be made to a bidder who fails to demonstrate the ability to remove the items listed in the IFB.

For illustrative purposes the items that are advertised for sale in this IFB are being sold as 16(EA). CLIN 1 has a quantity of 16 EA. Bidder “A” bids CLIN at $50.00 per each. The “Total Priced Bid” in example 1 shows bidder “A” total bid price per CLI. Example 2 shows bidder “A” Total Amount equals $800.00 for all CLIN awarded.

EXAMPLE 1: SF 114

EXAMPLE 1: SF 114A

D.3 Where to Submit Bid:

DO NOT email bids or call-in bids directly to the SCO.

Bids must be submitted by email to: dla.sales@dla.mil D.4 A Responsive Bid:

Comply with the terms and conditions of the sales offer and satisfy the requirements as to the method and timeliness of the submission. Only responsive bids will be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A.

• The bid must remain valid 90 calendar days from the bid opening unless otherwise modified or cancelled.

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive. Late rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

D.6 How to Modify/Cancel Bid:

In addition to SBR Part 3, Articles B and C, to modify a bid, submit a new bid in the same manner as the previous bid. Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid, submit a zero

(0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time, and method of bid submission).

D.7 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, has no disqualifying factors (i.e., it is not suspended, debarred or an ineligible transferee) and is able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government. The general standards in FAR Part 9 on contractor responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid inclusive of all lines unless a determination is made to reject the bid under SBR Part 2, paragraph 3.

D.8 Ineligible Bidder:

Bidder will not be eligible for award if they are:

• Officially indebted to the Government.

• Excluded from Federal programs by the General Services Administration as identified in the System for

Award Management at https://sam.gov/.

• Subject to denial, suspension, debarment, or other sanctions pursuant to export control and related laws, regulations, or orders administered by the DOS, DOC, DHS, or USTD. The DOS, DOC, DHS, and USTD name these entities, individuals, and countries in the Federal Register and at the following website:

Consolidated Screening List Search Engine (https://www.trade.gov/data-visualization/csl-search).

mailto:dla.sales@dla.mil https://sam.gov/ https://www.trade.gov/data-visualization/csl-search

D.9 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. AHB will also be provided DLA Form 1822, End Use Certificate (EUC) with instructions to identify final destination of purchased items. The Pre-Award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

The Apparent High Bidder shall cooperate in the Pre-Award process by assisting in arrangements and/or by providing requested information in a timely manner. Be advised that the Pre-Award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

To facilitate the Pre-Award Survey, you have ten business days to:

• Complete and return SOI to the SCO.

• Complete and return the End Use Certificate (see Sales by Reference pamphlet Part 8, Article G.)

• Complete and return FAR Provision 52.204-24.

D.9.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the Statement of Intent. Do not list downstream recipients of processed property. The Purchaser is advised that it must manage the property in accordance with Host Nation law and regulation and may be required to demonstrate that any recycling facility utilized to process this material possesses any required permits.

ERDs typically take 10 business days to complete. Any findings annotated by the Government during an ERD must be corrected prior to a proposed destination/facility’s use. Purchaser is not authorized to process Government material at a site other than those listed on the SOI.

D.10 Necessary Licenses, Permits and Certifications Shall be Reviewed:

Prior to the award of a contract, the SCO or his authorized representative shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a subcontractor) to perform the work specified in this contract and is capable of complying with the applicable Host Nation, state and local laws, ordinances, and regulations.

If at any point the SCO determines the bidder that submitted the apparent high, responsive bid cannot be found responsible, the next highest bidder will be assessed in the same pre-award survey process. This same process of vetting the next highest responsive bidder may continue, at the sole discretion of the Sales Contracting Officer, until a responsive bidder is identified and is determined to be responsible.

D.11 Contract Award:

The SCO shall determine if each bid is responsive prior to award of the contract. A contract will be awarded to the responsible bidder with the highest total bid. In the event of termination of the original Purchaser, the SCO may award the contract to the next highest responsive, responsible bidder if bids have not expired, and such award is otherwise determined to be in the Government's best interest.

The Government intends that a single award will be made to a responsible bidder with the highest total responsive bid unless a determination is made to reject the bid under provision in Title 40, U.S.C., Chapter 7.

Under Title 40, U.S.C., Chapter 7, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

When you have successfully completed the pre-award assessment as the apparent high bidder, you will receive a Statement indicating the amount of payment due. Submit payment within ten business days of the Statement.

When payment is posted and confirmed by the SCO; and all other vetting has been completed, a Start of Work meeting will be scheduled.

D.12 Start of Work Meeting:

The purpose of the meeting is to ensure the Purchaser fully understands the terms and conditions of this contract. The Agency shall determine the method, date, time, and location of the start of work meeting. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting, the official signed Notice of Award will be sent to the Purchaser and SPOC, and this will constitute the official award of the contract to the AHB. After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of contract award, the Purchaser shall provide the Agency the following information: Designation of key persons, to include their full name, title, telephone number, email address and a synopsis of their duties under the contract. Purchaser shall provide the SCO notification of any changes to the above within 10 calendar days of the change.

E.2 Contract for Sale:

Relationship of Parties - This contract is an agreement for the sale of the material by the Agency as seller to the Purchaser. Purchaser and the Agency expressly disavow the creation of any other relationship, including without limitation principal-agent, master-servant, employer-employee, general or limited partnership, or joint venture, between the Agency and the Purchaser.

Parties to the Contract: The parties to this contract are the Agency and the Purchaser.

E.3 Authority of Sales Contracting Officer (SCO):

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports, and other communications to the Agency from the Purchaser shall be deemed invalid unless addressed to the SCO.

Communications from the Purchaser to anyone other than an SCO shall not be deemed received by the Agency.

E.4 Authority of Sales Point of Contact (SPOC):

The SCO designates the SPOC to provide direct oversight of the Purchaser and/or their agents to ensure they meet the terms and conditions of the contract. The SPOC does not have the authority to make binding contractual obligations, such as adding, deleting, or modifying terms and provisions in this IFB. All changes or modifications to contractual provisions in this IFB must be approved in advance by the SCO.

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Payment:

Purchaser shall provide the Agency with payment of the amount specified on the Notice of Award. Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express). Payment options and instructions will be provided to the apparent high Bidder with the Notice of Award. This is a one-time sale full payment must be received before the removal of any property. Additional payment information is provided below in section H.

F.2 Insurance and Bond Contract Requirements:

Purchaser shall obtain the minimum coverage specified unless the Agency approves a variance from such minimum coverage. Purchaser shall obtain and maintain the insurance and bond requirements throughout the performance period.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser will have 21 calendar days after customs approval to remove the material specified in the awarded contract. There are no extension options available. The SCO may extend the removal period for extenuating circumstances. Prior to the end of the removal period, a written request for extension must be received from the Purchaser detailing the circumstances that delayed removal.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Host Nation, state, local codes, DoD regulations, and the Environmental Final Governing Standards for Host Nation (as amended) pertaining to the health and safety of personnel and environmental management during the execution and loading operations. All work shall be completed and performed IAW the best practices of the trade and in compliance with all applicable Host Nation, state, local codes and IAW regulations.

H PAYMENTS

H.1 The Billing Cycle:

This is a one-time sale; full payment must be received prior to the removal of any property. The Notice of Award is the only invoice or billing document.

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency.

Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express).

When using a credit card method of payment, the credit card number, credit card security code (3-or 4-digit code on the back of the card), name as printed on the credit card, and the expiration date shall be provided. The U.S. Treasury limits all credit card transactions to $24,999.99. Transactions greater than $24,999.99 cannot be split into two or more credit card transactions.

Checks or other paper financial instruments such as personal checks, money orders, cashier’s checks, travelers’ checks, or bank drafts will not be accepted as a form of payment.

Credit Card payments can be made using the website at:

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217

H.3 Payment Confirmation:

The Government does not provide payment confirmation. Purchaser shall submit proof of payment to the SCO, showing type of payment, amount, and date submitted. The SCO will ensure payment is applied to the Purchaser’s account.

I MATERIAL REFERRALS, TITLE TRANSFER

I.1 Classified Material:

Performance of this contract neither requires nor authorizes the Purchaser to handle classified property or documents. Should Purchaser’s employees handle actual or suspected classified property or documents, the Purchaser shall immediately secure the documents or property from both physical loss and compromise and immediately notify the Agency’s Site Lead and the SCO of the discovery. The Purchaser shall submit a SF364 ROD as outlined below. The Agency will arrange for pick up and removal of such material. Under no circumstances shall the Purchaser release the property or documents to anyone other than designated personnel. If the contents of said documents or property are at a level that requires debriefing, the Purchaser’s personnel shall be made available to the proper Government authorities for this action.

I.2 Material Potentially Presenting an Explosive Hazard (MPPEH):

Performance of this contract does not require nor authorization of the Purchaser to handle MPPEH. Despite all best efforts by the Government, MPPEH may be discovered; the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Agency will arrange for pick up and removal of such material.

I.3 Radioactive Property:

Performance of this contract does not require nor authorization to the Purchaser to handle radioactive property.

Despite all best efforts by the Government should property activate a radiation detector alarm; the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.4 Hazardous Property:

Performance of this contract does not require nor authorization of the Purchaser to handle Hazardous Property.

Despite all best efforts by the Government, should Hazardous Property be discovered, the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD outlined below. The Government will arrange for pick up and removal of such material.

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217

I.5 Title Transfer:

Title shall transfer when with the DLA Form 1367 released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, when removed from Government premises.

A Certificate of Release, SF 97, will be provided upon request for any item released under the terms and conditions of this contract, see SBR Part 2, paragraph 12 which requires the request for a SF 97 to be made prior to release or removal.

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Bureau of Industry and Security (BIS):

The BIS advances U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system, and by promoting continued U.S. leadership in strategic technologies. BIS accomplishes its mission by maintaining and strengthening adaptable, efficient, effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes. If required, on Destination Control Statement BIS form 711 (All exports of CCL not designated as EAR99, unless export is made under License Exception BAG or GFT), the minimum BIS statement is as follows: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end- user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from U.S. Government or as otherwise authorized by U.S. law and regulations.” https://www.bis.gov/.

U.S. Export Administration Regulations (EAR) - Links to important EAR information for exporters.

https://www.state.gov/strategictrade/resources/c43182.htm. U.S. Department of Commerce, Bureau of Industry and Security https://www.commerce.gov/ Bureau of Industry and Security Mission: Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. https://www.bis.doc.gov/

The Purchaser warrants and covenants that none of the items identified in the Public Sales offering and listed on its Public Sales contract shall be directly or indirectly used or disposed of for military use or exported unless a full disclosure of the origin of the property is made by the Purchaser.

Items in the product pool, which is only DEMIL A, may be subject to export control restrictions.

Once title transfers, the Purchaser shall consult with Department of State and Department of Commerce export control regulators if there are doubts about the type of export controls that apply to any item, regardless of DEMIL code. The Purchaser may request a formal Commodity Classification from the Department of Commerce, Bureau of Industry and Security, or submit a General Correspondence request to the Department of State, Directorate of Defense Trade Controls. Information on managing exports of CCL items can be found at the Bureau if Industry and Security website at https://www.bis.gov/.

The Purchaser shall comply with U.S. export control laws and regulations. The Purchaser is referred to the EAR including parts 732, 736 and 746. The Purchaser is advised that USML and CCL items may not be sold in foreign countries or to foreign persons unless there is compliance with Department of State/Commerce licensing requirements, or a proper determination is made that no license is required.

The Purchaser shall notify all subsequent Purchasers, in writing, of their responsibility to comply with U.S. export control laws and regulations. The Purchaser shall refer buyers in writing to the EAR, and provide them guidance and information in subchapter C, parts 732, 746, and 736. Specifically, the Purchaser shall advise buyers that exports of these items may require licenses when destined to certain prohibited entities or destinations and this property may not be re-exported or transferred in contravention of the General Prohibitions specified at 15 CFR Part 736.

https://www.state.gov/strategictrade/resources/c43182.htm

The Purchaser is cautioned that prior to resale of the property acquired under this contract; they should become familiar with their customer and the purposes for which it is acquiring the property. The US export control regulations specified above may apply to subsequent transactions of the property. The Purchaser shall obtain a statement from the buyer, containing information similar to that contained in the Government’s EUC, and must check any prospective buyer to ensure the buyer is not on the Department of Commerce proscribed party list (entity and person), and prohibited country list; that the transfer shall not violate 15 CFR Part 736 and issue a destination control statement in accordance with the EAR. Additional Information on managing exports of CCL items can be found at the Bureau if Industry and Security (BIS) website at https://www.bis.gov/ .

The Purchaser shall retain all relevant export control information on file for all prospective resale buyers and transactions. The Agency or any other U.S. Government entity including investigative and enforcement agencies must make this information available for review. Failure to obtain and maintain such data may result in a negative determination of responsibility and prevent participation in future Public Sales contracts with the Government.

Purchaser shall refer to the BIS website provided above, for information on compliant export management policies.

K PURCHASER RESPONSIBILITIES

K.1 Safety Requirements:

Purchaser shall comply with all applicable Host Nation Facility Safety, Environmental and Security requirements;

Host Nation, state, local laws, ordinances, regulations, and the Environmental Final Governing Standards for Host Nation (as amended) in connection with performance of the requirements under this contract, and especially with all environmental laws designed to protect human health and the environment during the processing, use, or disposal of material purchased from the Agency. All work shall be completed and performed IAW the best practices of the trade.

K.2 Letter of Authorization (LOA):

Purchaser will provide DLA Form 2538 Sales Contract Letter of Authorization (LOA) to the SCO and the location’s Sales POC, for any contracted transportation picking up property on the Purchaser’s behalf.

K.3 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

All sales of material must occur after removal from the Agency’s location or RIP location. For property removed from Agency locations or RIP locations the Purchaser is not limited to the number of processing facilities. All processing facilities will be identified on the DLA Form 2536 (SOI).

K.4 Purchaser Use of Subcontractors:

Purchaser may sub-contract with other entities to perform the special terms and conditions required for removal of scrap at Agency locations. All subcontractors shall be approved by the Government and shall comply with all terms and conditions of this IFB. Subcontractors shall be vetted through the same process as the Purchaser as described throughout this IFB. Material may also be processed at subcontractor facilities approved under the terms of this IFB.

Failure of subcontractors to perform the special terms and conditions required under this sale is grounds for default and shall result in termination if not cured. The Purchaser’s contract with the subcontractor must include Sales by Reference, Part 5, Article C, subparagraphs a through c.

L PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

When MHE is required, the use of MHE at each Agency location shall comply with all Federal, state, local and DoD requirements. Purchasers shall be required to use their own personnel to operate the MHE. Purchaser is required to provide documentation to the SPOC that personnel are trained in accordance with 29 CFR 1910.178 to operate the MHE and shall ensure that all personnel possess the required licenses to operate the MHE. The Purchaser shall https://www.bis.gov/ ensure that all work is performed in full compliance with all Federal, state, local and DoD occupational safety and health regulations. All incidents, including near-miss incidents, involving operation of MHE shall be reported in accordance with Agency and location regulations. Agency staff will provide awareness training for specific, known hazards in and around the worksite areas of operations.

L.2 Requirement for Purchaser to use Purchaser owned MHE:

The Purchaser must provide MHE as necessary to meet terms and conditions. Purchaser shall not allow Agency personnel to use Purchaser owned equipment. All equipment used for contract performance at an Agency location is subject to the approval of the Agency and subject to host installation constraints.

M CONTRACT COMPLIANCE, AUDITS AND REVIEWS

M.1 Compliance with Applicable Laws and Regulations:

Purchaser shall comply with the requirements of all applicable Host Nation, state, installation, and local laws, regulations, ordinances, directives, and instructions connected with the performance of this contract, including without limitation such requirements pertaining to income and payroll taxes, environmental matters, occupational safety and health, and retention of business documents and records.

M.2 Licenses and Permits:

Purchaser shall obtain any necessary licenses and permits, and comply with all Host Nation, state, and local laws and regulations in connection with the performance of the work. This responsibility requirement shall be a matter of inquiry during the SCO’s pre-award evaluation of the bidder’s capability to perform the contract satisfactorily. It shall also be a continuing matter of inquiry by the SCO during the performance of the contract.

M.3 Duties of Care and Loyalty:

The Purchaser shall not cause or permit any action or omission in the course of performing the contract that constitutes gross negligence, recklessness or intentional harm. Purchaser shall carry out their responsibilities under the contract with honesty, good faith and fairness toward the Agency.

M.4 Purchaser Record Retention:

Purchaser shall make all books, records, documents and other supporting evidence available to satisfy contract administration and audit requirements by any Government agency identified by the SCO. Records shall be made available for six years after the last removal is concluded, or for such period as Purchaser, for its own purposes, retains its books, records, documents and other supporting evidence, whichever is longer. Purchaser shall maintain all records accurately and in a manner that shall allow clear and accurate auditing. The Government has the right to audit the records and inventory in order to review Purchaser’s operations. The audit may consist of a complete or random sample examination.

M.5 Contracts with Third Parties:

Purchaser shall ensure that all contracts entered shall expire or terminate within each Performance Period. This means contracts with third parties shall expire or terminate no later than at the end of the period of performance. If an option or extension is exercised, any contract with a third party shall end no later than at the end of said option or extension at that time in effect.

N DISPUTES And Claims:

N.1 Disputes:

Any contract awarded from this sale is subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109).

N.2 Alternative Dispute Resolution (ADR):

The parties agree to use their best efforts to resolve any disputes that may arise without litigation. If unassisted negotiations are unsuccessful, the parties shall use Alternative Dispute Resolution (ADR) techniques in an attempt to resolve the dispute. If the ADR is not successful, the parties retain their existing rights. If the Purchaser refuses an offer for ADR, the Purchaser shall inform the SCO in writing of the Purchaser’s specific reasons for rejecting the offer.

Litigation shall only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

Subject to the restrictions on transfers and encumbrances set forth, this contract shall ensure to the benefit of and be binding upon the Agency and the Purchaser and their respective legal representatives, successors, and assigns.

Whenever this contract refers to any party, such reference shall be deemed to include a reference to the legal representatives, successors and assigns of such party.

O.2 Notices:

All notices, demands, requests, consents, approvals, declarations, reports, and other communications required with regard to this contract shall be in writing except as otherwise provided and addressed to the SCO.

O.3 Headings:

The headings appearing in this contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of any article or section of this contract.

O.4 Waiver:

No consent or waiver expressed or implied, by any party to or of any breach or default by any other party in the performance by such other party of its obligations under this contract shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such other party under this contract. Failure on the part of any party to complain of any act or failure to act by any of the other parties or to declare any of the other parties in default, regardless of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.

O.5 Use of the Agency Name and Public Communications:

Purchaser shall not use the name of the Agency, DLA or DoD or its logos for any marketing or other purposes without the express prior written consent of the Agency, which consent may be withheld for any reason whatsoever and is subject to the sole discretion of the Agency. Purchaser shall not publicly denigrate the surplus material disposition program of the DoD or the conduct thereof by the Agency. Purchaser agrees to coordinate public releases with the SCO. The Purchaser shall refer all inquiries concerning this contract to the SCO. Under no circumstances shall any statement be released to the news media directly from the Purchaser or any agents of the Purchaser. Purchaser shall immediately notify the SCO if contacted by the media. Purchaser shall not release information regarding this IFB, resulting contract(s), relationships, or activities except when required by legal authorities.

The Purchaser will keep all data, reports or other information relating to the contract confidential; that release of all such information is conditioned on Agency prior written approval with this being limited to the extent that the otherwise confidential information is already in the public domain by acts of other parties (FOIA) or that the Purchaser is ordered by competent judicial or administrative authority to disclose the information.

The Agency requires the Purchaser to be obligated to notify the Agency immediately upon receipt of such an order.

The Agency requires the Purchaser not to share information related to the contract in any forum in a way that would create a conflict of interest with or otherwise adversely affect the Agency.

O.6 Tense and Gender:

Unless the context clearly indicates otherwise, the singular shall include the plural and vice versa. Whenever the masculine, feminine or neutral gender is used inappropriately in this contract, this contract shall be read as if the appropriate gender had been used.

O.7 Electronic Communication:

The Agency and Purchaser shall facilitate the delivery of all written communication, Reports, Statement of Accounts, and other required reports to the extent practical by electronic mail, file transfer or facsimile, rather than by delivery by United States Postal Service or other courier means. All electronic communication shall be clearly identifiable by IFB, contract number and specific Site Code when applicable in the subject line of E-Mails, file names and on coversheets of facsimiled (Faxed) documents.

O.8 No Reimbursements:

There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. At no time shall the Government pay the Purchaser to take material offered. This is not a service contract administered in accordance with the FAR. This is a contract for the sale of scrap pursuant to provision in Title 40, U.S.C., Chapter 7. The Government is not responsible for any indirect or inconsequential expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received. Purchaser may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the location. Example:

Pass and ID requirements, antiterrorist training, and/or equipment training.

The Agency has the discretion to determine the items to be sold to Purchaser regardless of Federal Supply Code or location. Purchaser has no right to any property that is not issued under the terms of this contract. The Agency reserves the right to sell property that otherwise could be issued under this contract through other offerings or contract means.

All property covered under this contract is being sold as is, where is, with no warranty or guarantee of use or salability expressed or implied. No request for adjustment in price for any item or rescission of the sale will be considered.

The items in this invitation for bid are offered for sale as is and where is in accordance with…