31-6004_European Batteries.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

IFB 31-6004

SEALED BID

Term Sale

Lead-Acid Batteries at

DLA Disposition Services Kaiserslautern, Germany

Inspection Period Begins: June 9, 2026 @ 1PM Eastern Standard Time (EST)

Offer Closing Date / Time:, June 23, 2026 @ 1PM Eastern Standard Time (EST)

Sales Point of Contact (SPOC)

Hans-Juergen Michel: Email: hansjuergen.michel.deu@dla.mil Phone: (49) 63171069512

Michael Varnum: Email: michael.varnum@dla.mil Phone: 0049 1724674373

Sales Contracting Officer:

Kris Smoker

EMAIL: kris.smoker@dla.gov mailto:hansjuergen.michel.deu@dla.mil mailto:michael.varnum@dla.mil mailto:kris.smoker@dla.gov

A INTRODUCTION

A.1 Item Description:

A.2 IFB Item Number Details:

A.3 Packing:

30 x 640 Liter containers with lids must be placed to various buildings as listed within this solicitation.

A.4 Removal:

A.5 Inspection:

A.6 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 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 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 Where to Submit Bid:

D.5 A Responsive Bid:

D.6 When to Send Bid:

D.7 How to Modify/Cancel Bid:

D.8 Bid Acceptance Period:

D.9 Technical Issues with the E-sales Website:

D.10 Bid Evaluation:

D.11 Ineligible Bidder:

D.12 Pre-Award Survey:

D.12.1 Pre-Award Survey May Include but Is Not Limited to The Following:

D.12.2 Environmental Responsibility Determination (ERD):

D.12.3 Alternate or Additional Destination:

D.13 Necessary Licenses, Permits And Certifications Shall Be Reviewed:

D.14 Contract Award:

D.15 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Assignment of Claims E.3 Contract of Sale:

E.4 Authority of Sales Contracting Officer (SCO):

E.5 Authority of Sales Point of Contact (SPOC):

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Prepayment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Pre-Payment Requirement:

H.4 Consequences of Late or Short Payments:

H.5 Payment Confirmation:

I PROPERTY REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL BREACH

I.1 Product Pool:

I.2 Material Referral:

I.3 Classified Material:

I.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.5 Radioactive Property:

I.6 Other than "Demilitarization Code A” Scrap Property:

I.7 Demilitarization Code Assignment

I.8 Foreign Attachment I.9 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.10 Title Transfer:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Compliance:

K PURCHASER RESPONSIBILITIES

K.1 Local Laws:

K.2 Spills:

K.3 Treatment of Hazardous Waste (Including Solidification):

K.4 Mark, Label, and Placard:

K.5 Weighing:

K.6 Letter of Authorization (LOA):

K.7 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

K.8 Purchaser’s Use of Subcontractors:

K.9 Storage Charges:

K.10 Disposition and Use of Property:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT . 21

L.1 Material Handling Equipment (MHE):

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

L.3 Government Furnished Equipment (GFE):

M GOVERNMENT FACILITIES

M.1 Physical Security:

M.2 Key Control:

N CONTRACT COMPLIANCE, AUDITS AND REVIEWS

N.1 Compliance with Applicable Laws and Regulations:

N.2 Licenses and Permits:

N.3 Duties of Care and Loyalty:

N.4 Prohibited Activities:

N.5 Purchaser Record Retention:

N.6 Records Maintenance:

N.7 Inspection of Records and Workplace by Government:

N.8 Contracts with Third Parties:

O DISPUTES AND CLAIMS

O.1 Disputes:

O.2 Alternative Dispute Resolution (ADR):

P MISCELLANEOUS PROVISIONS

P.1 Binding Effect:

P.2 Notices:

P.3 Severability:

P.4 Headings:

P.5 Waiver:

P.6 Use of the Agency Name and Public Communications:

P.7 Tense And Gender:

P.8 Entire Agreement and Modification:

P.9 Computation of Time:

P.10 Electronic Communication:

P.11 No Reimbursements:

P.12 Market, Resale and/or Export:

P.13 Government Liability:

Q GOVERNMENT REQUIRED REPORTS

Q.1 Government Use of Purchaser Reported Information:

R ADDITIONAL CONTRACT ADVISEMENTS

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

R.2 Refrigerant:

R.3 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

S DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a thirty-six (36) month Term Sales contract for the sale of Scrap Lead Acid Batteries through this Invitation for Bid (IFB).

A.1 Item Description:

Batteries located at various pick-up points, Germany This is an Invitation for Bid (IFB) that offers hazardous waste (HW) for sale.

BATTERIES, LEAD ACID, SCRAP, DRAINED AND UNDRAINED:

Including all types and sizes of drained and undrained vehicles and MHE batteries, some with metal casings.

RECYCLING OF LEAD ACID BATTERIES:

Lead acid batteries, UN2794 DEMIL Code: A

HAZ CLASS: 8

PACKING GROUP: II

PROPER SHIPPING NAME: UN2794, Lead Acid Batteries, Wet

A.2 IFB Item Number Details:

All potential Bidders are advised to read all terms and conditions of this IFB prior to submitting their bids to ensure they have a complete and full understanding of all requirements under this contract for sale. The Purchaser is cautioned that some requirements for information are required before the start of work on this contract. The Purchaser agrees to provide all services necessary for contract performance in accordance with all Host Nation, state, local laws, and regulations and in accordance with the terms of this contract. This also applies to subcontractor(s).

40 U.S.C. Chapter 7 relates to Public Sale of U.S.

This IFB is not governed by the Federal Acquisition Regulation.

This is a requirement-type sales contract offered by the Defense Logistics Agency Disposition Services as selling agency. The seller agrees to sell, and the purchaser agrees to purchase, all actual scrap lead-acid batteries generated at the specified locations during the contract period. For property fitting the item descriptions herein, the seller will tender all such property at designated field sites and receipt in place locations that have been entered onto its accountable property records and have completed any screening or administrative processes that apply to the release of DoD foreign excess property for sale. The Purchaser will be required to purchase all such material as described in this IFB from the field site and the receipt-in-place locations that have been entered onto the accountable property system record and cleared for sale by the selling agency. Purchaser must accept all material as described as tendered by the Agency at the bid price offered during the full term of this contract. Prices cannot be re-negotiated based on changes in market conditions.

There is no minimum or maximum quantity limit under this contract, and purchasers must accept and pay for material tendered until the thirty-six-month term of the contract has expired. Purchaser must accept material from all locations specified in this IFB. Other locations may be authorized with mutual agreement.

All property covered under the contract is being sold “as-is” and “where is” as long as it conforms to the item description in A.1. No request for adjustment in price for any item or rescission of the sale will be considered. This is not a sale by sample and property issued under the terms of this contract may not be rejected by the Purchaser, unless an item falls outside the scope of the contract. No changes, modifications, or reductions of price will be applied.

HW generated in Germany shall be treated, recycled, or permanently disposed of in Germany. An export of HW is permitted only if no appropriate German treatment or disposal facility exists.

Item

Material

Location

Estimated Annual

Generation 10 Lead -Acid Batteries DLA Disposition Services

Kaiserslautern, Germany

294,000 KG

A.3 Packing:

Various leak proof containers with lids must be placed at various buildings as listed in Attachment “A” within this solicitation. Labels need to be on the containers when staged/loaded. The purchaser is allowed to repackage. The containers are part of the sale and do not need to be returned to the government.

A.4 Removal:

Monday – Thursday 8:00AM-3:00PM excluding federally recognized holidays.

Base access requirements: Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005.Base access requirements: Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005 in order to register and enroll in the DBID system.

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 (AHB) 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. [If there are known specific requirements for a particular installation, modify this section accordingly]

Note: The purchaser will ensure the SPOC receives a copy of the shipping paperwork at time of removal to validate the shipping destination is the authorized destination listed in the purchaser’s SOI.

A.5 Inspection:

Monday – Friday 8:00AM-3:00PM excluding federally recognized holidays.

Inspection is by appointment and in-person only and requires 24-hour notice. Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection for the purposes of bidding on this

IFB.

POC for Inspection:

Hans-Juergen Michel: Email: hansjuergen.michel.deu@dla.mil Phone: (49) 63171069512

Michael Varnum: Email: michael.varnum@dla.mil Phone: 0049 1724674373

A.6 Loading:

Monday – Friday 8:00AM-3:00PM excluding federally recognized holidays.

Government is responsible for providing the material handling equipment (MHE) and will load.

For Pick up locations, please see Attachment “A” mailto:hansjuergen.michel.deu@dla.mil mailto:michael.varnum@dla.mil

B TERMS AND CONDITIONS OF SALE

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general. Any historical data provided in support of this IFB was derived using existing sources and is presented for general reference only.

B.1 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 AHB as part of the pre-award process.

Full clause text included in attachment.

B.2 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 DLA Disposition Services 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.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 2, 5, 12

C.2 SBR Part 2:

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

Paragraph 13c, 28, 30, 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)” https://www.acquisition.gov/far/52.204-25

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 Bid Conditions: Does not apply.

C.5 SBR Part 5:

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

Article A, G

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, G, H, P, Q, W

C.8 SBR Part 8:

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

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 unit of issue 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 US currency specified by the bidder, per unit of issue.

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 or pay for services related to the removal of this property. 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, consequential, 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. See SBR Part 2, Article 15.

D.2 Identification of Sales Purchaser:

Bidders should take care to ensure that their bid submission indicates whether they are submitting the bid as an authorized representative of a legal entity such as a corporation or limited liability company, or in their individual capacity or as owner of a sole proprietorship. The legal entity designated as the bidder on the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. Individuals or companies may use subsidiaries, affiliates or partners in a joint venture as subcontractors with SCO approval as per the contract terms (however such entities may also require an ERD) but may not substitute such entities as a party to the DLA sales contract. AHBs should ensure the SOI and other pre-award documentation identify any subcontractors that will be performing removals or processing materials on its behalf so that the appropriate reviews may be conducted.

D.3 How to Bid:

If Bidder’s have questions or need assistance contact the SCO.

Bidder shall submit bid as price per (unit of measure being advertised) not to exceed three (3) decimal places (example 0.010). Minimum bid is .010 per unit of issue (example KG, pound, lot or gallon). Multiply your bid price by the quantity specified for extended bid amount. The same bid utilized for the base year will be automatically considered for the one option year. Firms are required to submit on all line items; this sale is not permitting multiple awards.

D.4 Where to Submit Bid:

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

Submit email bids only to: dla.sales@dla.mil (include IFB Number).

Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” Offers/quotes submitted by E- mail are submitted at the bidder's risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer/quote if it is submitted via E-mail.

D.5 A Responsive Bid:

Is a bid that complies with the terms and conditions of the sales offer and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award. A responsive bid submission shall contain at a minimum:

SF114 completed and signed.

SF114A or SF114A Local Reproduction (Schedule H, Bid Worksheet).

D.6 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the bid opening date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive.

D.7 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, 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). Bidders are responsible for submitting bids, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

Modification, revision, or withdrawal of the bid received at the Government office designated in the IFB after the exact time specified for receipt of the IFB is “late” and will not be considered.

mailto:dla.sales@dla.mil

D.8 Bid Acceptance Period:

The bid must remain valid at least 60 calendar days from the bid opening unless otherwise modified or cancelled.

D.9 Technical Issues with the E-sales Website:

Call 1-877-DLA-CALL (1-877-352-2255).

D.10 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, and has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee). A responsive bid is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that is able to pass the vetting process and is determined through the screening process to be an eligible transferee.

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 purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 704 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends to make a single contract award based on the apparent high bid. An example follows: Bidder A and Bidder B bid submit bids. Bidder A bids $0.010. Bidder B bids $0.011. In this example, Bidder B would be the apparent high bidder.

D.11 Ineligible Bidder:

Bidder will not be eligible for award if they are:

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://legacy.export.gov/csl-search).

Antitrust considerations are mandated by 41 CFR 102-38.325

D.12 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 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. The pre-award survey may be conducted at the AHB’s facility. 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 bidder must affirmatively demonstrate adequate financial resources, the ability to meet the removal schedule, a satisfactory record of past performance and a satisfactory record of integrity and business ethics.

The AHB 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.

https://sam.gov/ https://legacy.export.gov/csl-search

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

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

D.12.1 Pre-Award Survey May Include but Is Not Limited to The Following:

The Purchaser’s facility shall pass an inspection by Agency personnel prior to contact award.

D.12.2 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency 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.

DLA Environmental Support Branch may perform a cursory review of transporter based on the type of material(s) included as a part of the sale. Certain commodities may require special licensing or permitting for transport based on state regulations. The Apparent High Bidder will be responsible for ensuring the transporters meet those regulations.

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. Purchasers are not authorized to process Government material at a site other than those listed on the SOI.

Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchasers are not authorized to use a facility that has not been through the ERD process.

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

D.12.3 Alternate or Additional Destination:

Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchasers are not authorized to use a facility that has not been approved by the SCO. The agency will conduct an environmental assessment on any new destinations or facilities that are proposed for use afterwards.

D.13 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.14 Contract Award:

The SCO shall determine if each bid is responsive prior to award of the contract. The contract shall be awarded to the highest responsive bid submitted by a responsible bidder. 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 priced responsive bid per contract line item 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.15 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 Assignment of Claims General Prohibition - Except as specifically provided herein or specifically approved by the Agency in writing, the Purchaser shall not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract.

Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be invalid and shall constitute a material breach of this contract. This contract is subject to the Assignment of Claims Act, see 31 U.S. Code § 3727.

E.3 Contract of 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. This is not a contract for the acquisition of services.

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

E.4 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, consent, 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.5 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 Prepayment:

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 30 calendar days after the end of the performance period. The prepayment shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the prepayment, without interest, to Purchaser at the completion of the contract closure process.

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 performance period of the contract resulting from the IFB shall consists of a 36-month base period, followed by two (2) 12-month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six (6) month extension period that may be offered at the SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract. In the event the extension is utilized, the SCO shall advise the Purchaser in writing 30 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. The entire length of the contract, if all option periods and extension are used, shall not exceed five (5) years.

G.2 Regulatory Compliance:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a government representative. All Bidders/Purchasers are advised that they must comply with all applicable Host Nation, state and local laws, ordinances, regulations, and the Environmental Final Governing

Standards for Italy (as amended) with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.3 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a government representative. All Bidders/Purchasers are advised that they must comply with all applicable Host Nation, state and local laws, ordinances, regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

H PAYMENTS

H.1 The Billing Cycle:

Transactions from the 25th of the previous month to the 24th of the current month will be invoiced for the billing cycle.

For illustrative purposes, if Purchaser A won the award of contract and had bid $0.01000 per KG for this contract line item and if Purchaser A removed 10,000 KG for the month of January, then Purchaser A would be billed $100 (10,000 KG times the bid price of $0.01000 per KG).

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency. 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 (2) or more credit card transactions.

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

Credit Card and Bank Account (ACH) payments within the United States can be made using the website at:

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

H.3 Pre-Payment Requirement:

Within ten calendar days of contract award, Purchaser shall provide the Agency a prepayment in the amount equal to 20% of the estimated total price for one year’s removal of property. The prepayment shall be in the form of a guaranteed instrument (cashier’s or certified check), Electronic Funds Transfer (EFT), or via wire payment. Payment options and instructions will be provided to the AHB with the Notice of Award.

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 30 days after the end of the performance period. The prepayment shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the prepayment, without interest, to Purchaser at the completion of the contract closure process.

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

H.4 Consequences of Late or Short Payments:

If full payment is not received within 30 days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S. Code.

After 30 days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; Purchaser will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 days delinquent.

If full payment is not received within 30 days from the date of the bill, the SCO will send a Cure notice. If the Purchaser fails to cure, the SCO will terminate the contract and apply the escrow balance to any debt owed to DLA. If Debit is greater than the escrow payment, the SCO will transfer the debt to the Debt Management Office for collection and an additional administrative charge of $50 will be assessed. They will continue the collection process and if unsuccessful, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken.

The debt will be subject to the Department of Treasury offset from Federal payments due (Purchaser or your company, as applicable). A fee for each offset made will be added to the debt as part of the administrative charge. Federal payments eligible for offsets include contract payments, Federal income tax refunds, and other payments not exempt.

The debt may be reported to a credit bureau.

The debt may be referred to a private collection agency. In such instance, a fee for collections made will be added to the debt as part of the administrative charge.

The debt may be referred to the Department of Justice for litigation. In such case, an administrative cost will be added to the debt.

H.5 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 PROPERTY REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL

BREACH

I.1 Product Pool:

See Item Description.

I.2 Material Referral:

Subject to the minimum quantities guaranteed herein, the Government has sole discretion to determine when and what material shall be issued to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred to by the Government as specified in the contract.

I.3 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. 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.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

Performance of this contract does not require nor authorize 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 SF364 ROD. The Agency will arrange for pick up and removal of such material.

I.5 Radioactive Property:

Performance of this contract does not require nor authorize 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 SF364 ROD. The Government will arrange for pick up and removal of such material.

I.6 Other than "Demilitarization Code A” Scrap Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” scrap property. Should Purchaser employees suspect other than “Demilitarization Code A” scrap property, the Purchaser shall immediately secure the property and notify the Agency’s Site Lead and the SCO of the discovery immediately. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD outlined in Part 15 starting on page 38. The Government will arrange for pick up and removal of such material.

I.7 Demilitarization Code Assignment Other DoD agencies have the responsibility to identify property that requires Demilitarization/Mutilation by assigning the applicable Demilitarization Code. Due to changes in requirements, these codes are subject to change without notice. The Agency has no control over the Demilitarization coding of individual items or commodity streams. The Agency’s customers determine material for turn-in. The Agency cannot forecast future commodity streams or quantities. Historical quantities are provided for planning purposes only and are not indicative, warranted, or guaranteed in any form that may indicate future commodity streams or quantities delivered under this contract.

I.8 Foreign Attachment Most SCLs include foreign attachments as part of the total weight. The weight of foreign attachments is included in the billed weight and may be an important factor to consider when preparing a bid amount. Foreign attachments are not dunnage or miscellaneous debris. Foreign attachments will not exceed 5% of the billed weight.

I.9 Standard Form (SF) 364 Report of Discrepancy (ROD):

The Purchaser, for any discrepancy or questionable item shall initiate a SF 364 ROD (i.e., shipping, packaging etc.) Purchaser shall complete SF 364 ROD and submit it to the Agency personnel on location for any property or shipment in question to receive resolution. When resolved locally, the SF 364 ROD shall be completed and sent to the SCO. When a discrepancy cannot be resolved locally, the property shall be segregated and identified by the Report Number. A copy of the SF 364 ROD shall be stored with the property until final disposition has occurred.

A copy shall be submitted to the SCO requesting disposition instructions and/or further resolution if required.

I.10 Title Transfer:

Title shall transfer when a 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.

J COMPLIANCE WITH GOVERNMENT REGULATIONS

J.1 Compliance:

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 Italy (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 PURCHASER RESPONSIBILITIES

K.1 Local Laws:

Purchaser shall comply with all applicable Host Facility Safety, Environmental and Security requirements; Host Nation, German Environment Environmental Agency (UBA)(Umweltbundesamt) state, local laws, ordinances, regulations, etc., applicable 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.

Purchaser shall comply with all Host Nation, state, and local Department of Transportation rules and regulations while transporting HM materials on post and to its ultimate destination.

The Purchaser is required to provide the Sales Contracting Officer copies of the manifest or other movement document showing consignment to, and acceptance by a properly permitted recycling or disposal facility within [60] days of removal of the property from the DLA site.

K.2 Spills:

The Purchaser is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or subcontractors to the satisfaction of the Government and at no additional cost to the Government. Hazardous waste spill cleanups that occur as a result of, or are attributed to, the actions of its agents, employees, or subcontractors shall be removed off-site within 72-hours of the cleanup. Under extenuating circumstances and with approval of the host’s Environmental Office, hazardous waste spill cleanups may be allowed to move to a permitted Satellite Accumulation Area until it can be shipped off-site. The Purchaser shall prepare a separate manifest for the spill cleanup removals.

The Purchaser shall report all such spills or leaks, regardless of their quantity, to the SPOC (if not already present) and the SCO immediately upon discovery. The Purchaser shall adhere to all Host or Installation spill reporting and clean-up requirements. A written follow-up report shall be submitted to the SCO not later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

Description of material spilled (including identity, quantity, manifest number, etc.).

Whether quantity spilled is EPA/state reportable, and if so, whether it was reported.

Exact time and location of spill, including a description of the area involved.

Containment procedures initiated.

Summary of any communications Purchaser has with anyone other than the SCO.

Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

K.3 Treatment of Hazardous Waste (Including Solidification):

Treatment on Government facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR § 260.10 and/or the facility Permit.

Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Purchaser may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

K.4 Mark, Label, and Placard:

The Purchaser shall mark, label and placard all containers in such a manner to meet all applicable Host Nation, German Environment Environmental Agency (UBA)(Umweltbundesamt) regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be in accordance with German Law.

The Purchaser shall provide and affix the appropriate placards to each conveyance vehicle prior to leaving Government premises.

Tax or Penalty:

Any incidental state or local fee, tax or penalty assessed against DoD/ DLA Disposition Services arising from the Purchaser’s decisions in the performance of this contract will be paid by the Purchaser, including, but not limited to:

any fee, tax, or penalty levied as a result of a Purchaser’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

K.5 Weighing:

Weighing will be completed and documented on DLA Form 1367 under the direction and supervision of the United States Government (USG) using one of the following methods to provide weight tickets:

USG owned certified scales located on USG installation. Purchaser’s conveyance will be weighed empty upon entrance of the military installation and weighed with a full load upon exiting the military installation.

Certified scales not located on USG installation. Purchaser will not be reimbursed for transportation costs associated with the weighing process, including the cost of transportation to and from the scale. The Purchaser is solely responsible for costs associated with the use of a public certified scale.

All weighing will be observed by both parties, recorded on a DLA Form 1367 (filled out by USG personnel) and signed by both parties prior to release. Weight tickets will accompany the DLA Form 1367. The weights obtained and annotated will be used in the billing process.

K.6 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.7 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 on the number of processing facilities,…