Germany FEPP 2024_6.03.24.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

Kaiserslautern FEPP (Foreign Excess Personal Property)

IFB 31-4002

SEALED BID

Term Sale

AT

Kaiserslautern

Sales Contracting Officer: SHAWN RICKETTS

EMAIL: Shawn.Ricketts@dla.mil

PHONE: 269-961-7257

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

Battle Creek, Michigan 49037-3092 mailto:Shawn.Ricketts@dla.mil

A INTRODUCTION

A.1 Useful Websites:

A.2 Item Description:

A.3 Packing:

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 Bid Evaluation:

D.10 Ineligible Bidder:

D.11 Pre-Award Survey:

D.12 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.13 Contract Award:

D.14 Start Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Contract of 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

Deposit:

F.1 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Termination for Default:

G.5 Records:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 How to Submit Payment:

H.4 Payment Confirmation:

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL

BREACH

I.1 Product Pool:

I.2 Material Referral:

I.3 Dangerous Property I.4 Classified Material:

I.5 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.6 Radioactive Property:

I.7 Other than "Demilitarization Code A” Property:

I.8 Demilitarization Code Assignment I.9 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.10 Title Transfer:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Local Laws:

K.2 Training:

K.3 Tax or Penalty:

K.4 Letter of Authorization (LOA):

K.5 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

K.6 Purchaser’s Use of Sub-Contractor:

K.7 Storage Charges:

K.8 Disposition and Use of Property:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

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

L.3 Government Furnished Equipment (GFE):

M CONTRACT COMPLIANCE

M.1 Compliance with Applicable Laws and Regulations:

M.2 Licenses and Permits:

M.3 Duties of Care and Loyalty:

M.4 Prohibited Activities:

M.5 Purchaser Record Retention:

M.6 Records Maintenance:

M.7 Inspection of Records and Workplace by Government:

M.8 Contracts with Third Parties:

N DISPUTES AND CLAIMS

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Notices:

O.2 Severability:

O.3 Headings:

O.4 Survival:

O.5 Waiver:

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

O.7 Tense and Gender:

O.8 Entire Agreement and Modification:

O.9 Computation of Time:

O.10 Electronic Communication:

O.11 No Reimbursements:

O.12 Market, Resale and/or Export:

O.13 Government Liability:

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 thirty-six-month (36) term Public Sales contract for the sale of Foreign Excess Personal Property (FEPP) through this Invitation for Bid (IFB).

A.1 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.2 Item Description:

Foreign excess personal property or FEPP offered under this IFB is an item of personal property that is offered for sale outside the territory of the United States and has been determined to be safe to sell with a DEMIL code A.

This property is sold by the DoD is in “as-is, where-is” condition (See SBR Part 2, Art.2). This property has been determined to be excess to the requirements of the US DoD components, however, not all such property will be referred under this contract as Agency regulations and policies may first require (1) reutilization within their agency or to special programs; (2) transfer to other federal agencies; or (3) donation to specified eligible entities, before an item is eligible for sale to the general public. Agency’s overseas management of FEPP follows the “disposition code” guidance of 41 CFR section 102-36.240 which describes excess personal property as either “new” property, “usable” property, “repairable” property or “salvage” property. The FEPP offered under this IFB has been determined to be “new”, “useable” or “repairable’ under the GSA definitions. The FEPP property offered under this IFB would not be considered scrap, or salvage which is defined as property that has no value except for its basic material content. While DoD turn-in customers provide a supply condition code of A-H on all Disposal Turn-in Documents (DTIDs) for all property turned into the Agency, these codes are used in the DoD supply system as classifications for materiel in terms of readiness for issue and use, or to identify action underway to change the status of materiel. They do not directly correspond to the suitability of property being made available for reutilization, transfer, donation or sale. Agency personnel make an independent determination on whether the property should be classified as scrap because it has no value more than the item’s material content and/or whether an item is suitable for reutilization, transfer, donation or sale as FEPP. The quality of the property tendered under this contract will vary and it is being sold “as is where is” with no warranty as to its condition or suitability for its originally intended, or any other specific purpose.

This is not a sale by lot. The Government guarantees to issue the Purchaser a minimum of 10,000 Disposal Turn-In Documents (DTIDs) of foreign excess personal property (FEPP) annually. (A DTID may be one item or a group of like items) The maximum amount of property issued annually will not exceed 750,000 DTIDs of foreign excess personal property (FEPP).

Annually is defined as any continuous 12-month period of time during the contract performance period commencing with the beginning of contract performance commencing from the date of the first removal by the Purchaser.

A list of previously issued DTIDs will be issued upon request and will be published on Sam.gov. This list will consist of one previous year’s generation. The US does not guarantee that the DTIDs on the list are what will be seen in future issuances.

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 may apply to subsequent transactions of the property. The Purchaser should obtain a statement from the buyer, containing information similar to that contained in the US’s End-Use Certificate (EUC) and must check any 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 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 will 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 of Industry and Security website at https://www.bis.doc.gov.

All property covered under the contract is being sold “as-is” and “where is”. 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.

The United States Government (US) is the sole arbiter of determining condition code and determining whether property is considered usable FEPP under its property regulations and thus eligible for referral under this contract.

Purchaser’s opinion on whether the property can clear customs, sell or market, or the availability of customers for items have no bearing on whether the Government considers the property usable. No changes, modifications, or reductions of price will be applied. Under no circumstances is culling for the purpose of effecting partial or incremental removals authorized.

Property Locations:

1. Ludwigshafener Strasse, Kaiserslautern, Germany 67657

2. FMO USAG Stuttgart, Motorstrasse 42, 70499 Wilimdorf DE (Receipt in place location)

3. Spangdahlem Air Base, BLDG. 166 & 454, 54529 Spangdahlem Germany (Receipt in place location)

4. 86 VRS/LGRV Bldg. 2472, Ramstein Air Base, Germany 86 (Receipt in place location)

A.3 Packing:

Monday-Friday 7:30AM-3:00PM (CET) excluding federally recognized holidays.

Property may be loose, on pallets, in boxes or otherwise containerized. U.S. Government employees may assist in packing and loading as time permits but are not under obligation. It is the responsibility of the Purchaser to arrange for packing and transportation to facilitate removals.

A.4 Removal:

7:30AM-3:00PM (CET) excluding federally recognized holidays.

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 adhering to installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser is performing requirements under this IFB and the resulting contract.

The Agency will not provide the Purchaser with permanent indoor or outdoor storage space for property, or any space to store equipment, including MHE, at any location where the Purchaser is required to remove property at Purchaser’s expense, except as noted herein. Space equivalent to three (3) pallet spaces will be provided for packing, crating and handling supplies.

The Purchaser may be provided temporary bulk outside storage at the discretion of the Agency’s Area Manager.

Purchaser must request an appointment with the responsible customs officials within one (1) business day of written notification of removal, via email by the field site to the Purchaser. The written Customs Clearance appointment request must be sent to the Agency’s Area Managers or the Agency’s Sales POC for each removal request. After customs has approved the removal of FEPP property, the Purchaser must have all property removed from the temporary storage area within five (5) business days. Purchaser must provide Customs Clearance paperwork prior to any removals.

Special circumstances may arise where the Agency will allow certain FEPP Property to remain at a Government facility after email notification for removal has been given, however, written authorization from an Agency Area Manager for these exceptions are required.

https://www.bis.doc.gov/

The Purchaser will be charged storage charges for each DTID not removed from the Government facility within five

(5) business days of the Host Nation Customs approval for removal unless prior approval has been granted by the Agency Area Manager. Normally, approval will not exceed fifteen (15) days or thirty (30) days at receipt in place locations.

The Government reserves the right to implement storage charges for property not removed within five (5) business days after customs has approved the removal of FEPP Property. A $100.00 per DTID, per day charge may be applied by the Government for any item(s) that are not removed from Government premises within five

(5) business days after customs has approved the removal.

For items permitted for sale on a Government facility, storage charges in the amount of $100.00 per day, per DTID, will apply for items not removed after the end of the authorized fifteen (15) calendar days. Under no circumstance will former excess Government property sold to the Purchaser remain on Government premises beyond thirty (30) business days after Customs approval for removal.

Property left on Government premises longer than sixty (60) business days will, at the Government’s sole discretion, revert to Government ownership and control without refund of any Purchaser monies received. The Agency will include such charges on the monthly Statement of Account and the cost for the storage will be the total responsibility of the Purchaser.

The US shall issue consolidated list(s) of property being sold to the Purchaser. Purchaser must do a joint inventory at the Agency or RIP locations. The joint inventory will be signed by the issuer (Agency) and the receiver (Purchaser). Property on the signed and annotated joint inventory along with Customs Clearance documentation will represent the official transfer of title. Line-item discrepancies must be identified to the Agency at the time of the joint inventory prior to customs clearance.

Credit for Line-Item Discrepancies – Purchaser must notify the Government of any line-item discrepancies (i.e., quantity overage/shortage, item mis-description by NSN or LSN Master List). No additional credits requests will be authorized after the joint inventory has been signed off by the Purchaser and US. Failure to provide notice of an alleged discrepancy in accordance with the criteria set forth in this IFB will result in denial of the line-item discrepancy. The amount of any credit to which the Purchaser is entitled to shall be deducted from the amount of Purchaser’s statement of account (SOA) when validated by the Sales Contracting Officer. The burden of proof for all credit requests falls on the Purchaser.

A.5 Inspection:

Monday-Friday 7:30AM-3:00PM (CET) excluding federally recognized holidays.

Inspection of property referred to the contract and pending issuance to the Purchaser (joint inventory) is by appointment only.

A.6 Loading:

Monday-Friday 7:30 AM-3:00PM (CET) excluding federally recognized holidays.

Agency employees will assist with loading by forklift if MHE equipment is available, initial placement only.

Agency will tailgate load property up to the maximum capacity of the field site loading equipment capabilities. The Government will not block, chock, brace, lash band or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. Purchaser personnel will not be permitted to operate Government owned MHE. The Purchaser is considered shipper and loader. No FRACHTBRIEF will be provided. Purchaser responsible for all necessary permits required for transport. If required, vehicles must be marked in Accordance with ADR.

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 apparent high bidder 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 the 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.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraphs 4, 5, and 12.

C.2 SBR Part 2:

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

Paragraphs 7, 12, 28, 29, and 30.

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: Does not apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed Term Conditions: All Articles Apply.

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

Article B. Is amended to: A pre-payment of 10% of the estimated total price for one year’s removal of property will be required. In accordance with Condition No. 4 of the General Sale Terms and Conditions entitled “Payment”, the 10% pre-payment submitted by the Purchaser will be retained by the Government and applied against the last delivery effected under the contract.

Paragraph 5 is only applicable to the 6-month extension period. It does not apply to the option periods.

For an estimated pre-payment amount based on historical data, please contact the Sales Contracting Officer.

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply.

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

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 conditions apply except A, B, C, D, E, F, R, T, and U.

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All articles apply except: D, H, and 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 a percentage of Acquisition Value. 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.

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 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 Agency’s 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 a percentage of the U.S. Governments original Acquisition price. The same bid utilized for the base year will be automatically considered for the one option year. This sale is not permitting multiple awards.

The percentage of original Acquisition value will only state two (2) digits to the right of the decimal without rounding. The SCO will open each sealed bid at the specified bid opening day and time.

For illustrative purposes, if the item purchased had an Acquisition price of $25,000 and the Purchasers’ bid percentage was 5% (0.05) of Acquisition price then you would multiply 25000 by 0.05 making the Purchaser’s cost on the item $1,250.00.

D.4 Where to Submit Bid:

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

E-Sales website located at: https://www.sales.dla.mil

Email Bids shall be submitted via only to: DRMSSALESBIDS@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. The Agency 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 offering 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 (Attachment B) completed and signed.

SF114A (Attachment B) or SF114A Local Reproduction (Bid Worksheet).

https://www.sales.dla.mil/ mailto:DRMSSALESBIDS@DLA.MIL

D.6 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.7 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, by submitting 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.

D.8 Bid Acceptance Period:

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

D.9 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 award will be made to a responsible bidder with the highest priced responsive bid, unless a determination is made to reject the bid under SBR Part 2, paragraph 3.

D.10 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).

D.11 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder (AHB). 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.

https://beta.sam.gov/

The apparent high bidder shall be required to provide detailed information on every storage location the apparent high bidder intends to use. The pre-award survey may be conducted at the apparent high bidder’s facility(ies), or other location(s) as deemed necessary by the Agency and may include but is not limited to a review of the apparent high bidder’s facilities and equipment, financial capability or disclosure of the apparent high bidder’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The apparent high bidder is advised that accomplishment of a pre-award survey or furnishing documents to the Agency in support of the pre-award survey is part of the assessment of the bidder’s responsibility and is not a guarantee the bidder will receive award of a contract. The SCO may rely upon information obtained in the pre-award survey in making the assessment of the bidder’s present responsibility.

Once notified that you are the apparent high bidder, you will have ten (10) working days to complete and return to the SCO all documents provided in the AHB Notification. 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 working days to:

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

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.12 Necessary Licenses, Permits and Certifications Shall be Reviewed:

Prior to the award of a contract, the Agency 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 sub-contractor) to perform the work specified in this contract and can comply with the applicable Host, state and local laws, ordinances and regulations.

D.13 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, and SBR Part 2 Article 3, 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 payment has posted and is confirmed by the SCO, the SCO will formally award the contract and schedule the start of work meeting.

D.14 Start Work Meeting:

The purpose of the conference 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. 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 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.

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

Deposit:

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 120 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. The Bidder or Purchaser hereby agrees that the Agency may use all or any portion of any refund due him to satisfy, in whole or in part, any debt arising out of prior transactions with the Agency.

F.1 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 thirty-six-month (36) base period, followed by two (2) twelve (12) month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six-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 contract also contains an available six-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 66 months.

Only the extension period is subject to being pro-rata of the base period of performance quantities and SBR Part 4, Para 5. Any extension period issued after the base period that is shorter in duration than the base period, the minimum and maximum per contract line item for that period will be adjusted and calculated as a percentage of the stated base period requirement.

For illustrative purposes, if contract had a requirement for 10,000 DTIDs over one year that is subject to term sale adjustment for variation in quantity of the SBR Part 4 Para 5, then a one-month extension period for contract would have a requirement of 833 DTIDs (10,000 DTIDs divided by 12 months) subject to term sale adjustment for variation in quantity or weight of the SBR Part 4, Para 5. This would mean the minimum guaranteed quantity in the one-month extension period would be 416 DTIDs (833 DTIDs multiplied by .50 equals 416 DTIDs) and a maximum quantity that could be issued in the one-month extension is 1,249 DTIDs (833 DTIDs plus 416 DTIDs equals 1,249 DTIDs).

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.

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

G.4 Termination for Default:

Termination shall be effective immediately upon written notice by the government to the Purchaser (breaching party) served upon or after the date of such decision. If the Purchaser is terminated for default, the Purchaser is put on notice that this acts as a Sales Contracting Officer’s Final Decision (SCOFD), and the Purchaser’s appeal rights if incidentally not included within the termination for default letter, then the Purchaser has been placed on notice of their appeals right that commences the time the Purchaser has to appeal the SCOFD because this SBR is incorporated into the Invitation for Bid.

Appeal Rights - This is the final decision of the Contracting Officer. You may appeal this decision to the Armed Services Board of Contract Appeals (ASBCA). If you decide to appeal, you must, within ninety (90) days from the date you receive this decision, mail, or otherwise furnish written notice to the ASBCA and provide a copy to the Contracting Officer from whose decision the appeal is taken.

The notice shall indicate that an appeal is intended, reference this decision, and identity the contract(s) by number.

With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s small claim procedure for claims of $50,000 or less or its accelerated procedure for claims of $100,000 or less. Instead of appealing to the ASBCA, you may bring an action directly in the United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months of the date you receive this decision.

G.5 Records:

Unless otherwise provided in this contract or by statute, the Purchaser shall maintain all records and documents relating to the terminated portion of this contract for six years after final settlement. This includes all books and other evidence bearing on the Purchaser’s costs and expenses under this contract. The Purchaser shall make these records and documents available to the Government, at the Purchaser’s office during normal business hours without charge. Records and documents may be digitally scanned for electronic storage at no cost to the Government.

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), cashier’s check, certified check, travelers check, bank draft, money order or credit card (Master Card, Visa, Discover Card, and/or American Express).

Make checks payable to the U.S. Treasury are acceptable. 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. Bidders whose payment is accompanied by a letter of credit or who have on file an approved bid bond (SF 24 or SF 34) may make their payments by uncertified personal or company checks, but only up to an amount equal to the penal sum of their bond or the amount of their letter of credit.

H.3 How to Submit Payment:

All Payments shall be addressed and mailed or delivered to:

DLA FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

Credit Card payments within the United States can be made using the website at:

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

It is recommended to send payment confirmation to SCO when submitting payment to DFAS.

Should Purchaser need to make a payment for less than $1.00, the website credit card payment method cannot be used. Instead, Purchaser will be required to complete the manual credit card form and fax it to (269) 961- 7230.

H.4 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 PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS

AND MATERIAL BREACH

I.1 Product Pool:

See Item Description.

I.2 Material Referral:

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 by the Government as specified in the contract. The Purchaser is not required to take hazardous material or material that could pose a risk to national https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217 security, environmental or personnel safety or health issue such as mold and asbestos containing materials The Agency reserves the right to sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.3 Dangerous Property Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. The Government assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or disposition of this material. The Purchaser shall hold the Government harmless from any and all such demands, suits, actions, or claim arising from or otherwise relating to the purchase of this material. Purchaser shall comply with all applicable Host Nation, state and local laws, ordinances, regulations, and the Environmental Final Governing Standards for Host Nation (as amended) when handling and/or disposing of said property.

I.4 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.5 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 a SF364 ROD. The Agency will arrange for pick up and removal of such material.

I.6 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 a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.7 Other than "Demilitarization Code A” Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” property. Should Purchaser employees suspect other than “Demilitarization Code A” 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.8 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.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 property is released by the Agency and is accepted by the Purchaser or their agent, as indicated by their respective signatures on release documentation that lists the item and quantity agreed to.

Reporting of property inventoried and/or released will be provided from the Agency’s current property accounting system in a format at the discretion of the Government. An appropriate release document will be provided by the Agency and must be signed by both the Agency representative issuing the property and the Purchaser, or their agent, at the time of property removal from Government premises.

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.