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 31-6007

SEALED BID

Term Sale

Foreign Excess Personal Property (FEPP) at DLA Disposition Services Rota, Spain

BLDG 186, NAVSTA

Rota, Spain 9645

Inspection Period Begins October 13, 2026, 1:00 p.m. Eastern Standard Time (EST) Offer Closing Date/Time: October 21, 2026, 1:00 p.m., EST Battle Creek, Michigan USA Bids must be received no later than the Offer Closing Date/Time stated above.

Sales Point of Contact (SPOC):

Reinaldo Jimenez: Email Reinaldo.Jimenez.ESP@dla.mil Phone: 0034607939472 Marguerite Richardson: Email Marguerite.Richardson@dla.mil Phone: 0034856820105

Sales Contracting Officer (SCO):

Kris Smoker, EMAIL: kris.smoker@dla.mil Alternate SCO:

Thomas W. Marcum, Lead SCO PCC, thomas.marcum@dla.mil

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services offers for sale, via this Invitation for Bid (IFB), a requirements-type contract for usable Foreign Excess Personal Property (FEPP). This is a firm-fixed-price contract where the bid price is a percentage of the property's original acquisition value. The property consists of usable FEPP with a Demilitarization (DEMIL) Code of "A". Property with this code is subject to the Export Administration Regulations (EAR) but does not require demilitarization or mutilation before resale.

The property is located at the DLA Disposition Services field site in Rota, Spain.

A.1 Base Access:

All locations where property is located may have strict rules that may prohibit access to some individuals. To access USG facilities the purchaser 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 fulfilling requirements under this IFB and the resulting contract.

DoW Sponsored Contractors – US Citizens and Third Country Nationals not directly employed by the US Government, with duties on Spanish military installations for contract performance under DoW contract and/or support of US Forces must send the following information through their government POC to eucom.stuttgart.ecj5.mbx.odc-spain-clearances@mail.mil with a brief explanation of the work to be performed and expected duration.

(i) Country Clearance Request form (with APACS #)

(ii) Certificate of Liability Insurance in accordance with the requirements of the US-Spain Agreement on Defense Cooperation (ADC), valid for the time period of the request, signed by an officer of the company/corporation and endorsed by POC responsible for the work to be performed. [Upon request, the ODC Spain clearance section will provide a copy of the US-Spain Permanent Committee approved format with minimum required amounts of civil liability insurance].

(iii) Employee Certification from employer.

(iv) Point of Contact on the basis on which the duties will be performed or in-country Point of Contact are responsible for the work to be performed.

(v) 14 days processing time.

WARNING!

Country clearance requests that are not in compliance with attached procedures will not be processed.

Country clearance requests that are submitted with incomplete documents will not be processed. Country clearance requests that do not meet the required lead-time will not be processed.

Country clearance requests will not be processed if they are not coordinated through a POC at the installation being visited.

The certificate of insurance must remain a one-page document.

A.2 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx System for Award Management: https://sam.gov/ Bureau of Industry and Security: https://www.bis.gov/ U.S. Department of the Treasury: https://home.treasury.gov/

A.3 Item Description:

Table 1: IFB Item Number Details:

Item

Material

Location Original Acquisition Value (OAV)

Historical one year documentation indicates an estimate of $2,500,000.00 per year for an Original Acquisition Value. The total Original Acquisition Value for a three-year term contract is estimated at $7,500,000.00. Future generation of this amount is not guaranteed and is provided for bidding and planning purposes only.

Foreign Excess Personal Property (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 DOW 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 DoW 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. The Agency’s overseas management of FEPP follows the guidance of 32 CFR 273.12 which describes excess personal property. Excess items may be described as “new” property, “usable” property, “repairable” property or “salvage” property. FEPP also includes rolling stock, which consists of self-propelled wheeled and track mounted vehicles (such as passenger motor vehicles, trucks and dozers) and trailers with or without property permanently affixed to it (such as semi-trailers, cargo trailers and special purpose trailers). The FEPP offered under this IFB has been determined to be “new”, “useable” or “repairable’ under the General Services Administration (GSA) definitions. The FEPP property offered under this IFB would not be considered scrap, which is defined as property that has no value except for its basic material content. While DoW turn-in customers provide a supply condition code of A-H on all DTIDs for all property turned into the Agency, these codes are used in the DoW 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 a requirement-type contract. For property fitting the item descriptions herein, the agency will tender all such property at designated field sites and receipt in place locations that has been entered onto its accountable property records and has survived all reutilization, transfer, donation screening and is excess to the needs of the United States Government and eligible for resale under US property disposal laws. The Purchaser should be aware that even where property has survived screening and would ordinarily be tendered to the sales Purchaser, SBR Part 2, Art 22 allows the Government to withdraw property prior to removal where it has a bona fide need for the property and that this may include the need of any component of the USG or the host nation. (See SBR Part 2, Art 22) 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. 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. No culling of described material will be permitted at sites, and the Purchaser must accept material from all locations specified in this IFB. Other locations may be authorized with mutual agreement.

Demil A Property Recovery (DoW) Policy: The Government retains the contractual right to demand the return of Demil A property for up to 30 calendar days after removal. Purchasers are not required to hold the property but must include a mandatory 30 calendar day flow-down recovery clause in any third-party resale agreements. Allowable reimbursements are strictly limited to the original purchase price and direct transport/storage expenses (lost profits are explicitly excluded). This recovery right may be exercised only by the Sales Contracting Officer (SCO), by written notice to the Purchaser identifying the specific property to be returned and the date and location for return and is independent of and in addition to the Government's right to withdraw property prior to removal under SBR Article 22.

A.4 Packing:

Packaging consists of all types of traditional pallets/containers made of wood, metal, cardboard, plastic and of varying standard and non-standard dimensions. The containers are part of the sale. Purchaser may repackage.

A.5 Removal:

Monday-Friday 8:00AM-2:00PM (UTC +1) excluding federally recognized holidays.

The Agency will issue a consolidated list(s) of property being sold to the Purchaser. Purchasers 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 at the time of removal from government premises

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 credit requests will be authorized after the joint inventory has been signed off by the Purchaser and Agency. 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.

Purchaser must request an appointment with the customs officials within one business day of receiving the finalized Joint Inventory documentation. The Customs Clearance appointment request must be sent to the Sales POC for each removal request. After customs has approved the removal of property, the Purchaser must have all property removed from the temporary storage area within five business days. Purchaser must provide Customs Clearance paperwork prior to any removals.

The Agency will not provide the Purchaser with permanent indoor or outdoor storage space for property, or any space to store equipment, including Material Handling Equipment (MHE), at any location where the Purchaser is required to remove property at Purchaser’s expense. Workspace and temporary storage for supplies, packing, crating and handling will be coordinated and approved by the Area Manager. Minimal space equivalent to three pallet spaces will be provided for packing, crating and handling supplies.

A.6 Inspection:

Monday-Friday 9:00AM-3:00PM (UTC+1) excluding federally recognized holidays.

The bidder is invited, urged and cautioned to inspect the property prior to submitting a bid. Property will be available for inspection at the places and times specified in the IFB. Inspections are conducted physically or by photograph. Contact the SPOC or alternate at least 72 hours in advance to schedule.

During performance of the contract the SPOC will notify the Purchaser when property is available for the Delivery Order, and both will coordinate a schedule for the customs process, joint inspection, and removal.

A.7 Loading:

Monday-Friday 8:00AM-2:00PM CEST (UTC+2) or CET (UTC+1) excluding federally recognized holidays.

The Purchaser is required to provide the MHE and load property. Larger items may require crane support. Agency employees may assist with loading by forklift/MHE if available, initial placement only. 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 the Government-owned MHE.

Additional manual handling, moving and possible dismantling/disassembling of Property may be required. Purchasers are considered shippers and loaders. All cranes, overhead hoists and boom trucks must comply with NAVFAC P-307 "Management of Weight Handling Equipment". The DLA Disposition Services personnel will call the Base Inspectors to inspect the MHE before operation on Base.

Certified Scale locations:

Certified scales are located on site at DLA DS Rota, BLDG 186, NAVSTA Rota, Spain No alternate scale available

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.

Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment 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.

B.2 FAR Clause 52.204-25:

FAR Clause 52.204-25 is applicable.

FAR Clause 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

C SALE BY REFERENCE (SBR)

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

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

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

· Part 1, Paragraph 4

· Part 2, Paragraph 29

· Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraphs 4, 5, and 12

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except 7, 12, 26, 28, 29, 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 except 5

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply A, D, E, and 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 conditions apply except A, B, C, D, E, F, G, H, I, J, K, L M, N, O, Q, R, T, U and Y.

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All articles apply except: D, H, I 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 be based upon a percentage of the U.S. Government’s “Original Acquisition Value (OAV)”, as listed in section A.3, Table 1 specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per 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. 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 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 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 their behalf so that the appropriate reviews may be conducted.

D.3 How to Bid:

If Bidders have questions or need assistance contact the SCO.

Bidders shall submit their bids as a percentage of the U.S. Government’s “Original Acquisition Value (OAV)”, as listed in section A.3, Table 1.

For illustrative purposes, if the “Original Acquisition Value (OAV), was listed in section A.3, Table 1, as $45,000,000. If bidder A’s bid is 5% (0.05), it will be submitted as follows, if using form SF 114 & SF 114A.

EXAMPLE 1: SF 114A

Under the “Unit Price Bid” column input the percent of OAV as a decimal (1%=0.01, 3.5%=0.035, etc.)

Multiple OAV offered by unit price ($45,000,000 X 0.05 = $2,250,000.00), input result under the “Total Price Bid” column.

EXAMPLE 2: SF 114

D.4 Where to Submit Bid:

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

Bids shall be submitted via email only to: dla.sales@dla.mil (include IFB Number in the Subject line). 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:

It 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 completed and signed.

· SF114A

· Bid Acceptance must remain valid 90 calendar days from the bid opening.

Note: Bidders do not have to use authorized bid forms; however, if a bidder uses another form to submit a bid, the bid may be considered only if—

(a) The bidder accepts all the terms and conditions of the offer to sell; and

(b) Award of the bid would result in a binding contract.

D.6 When to Send Bid:

Bids must be in 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 bids are handled in accordance with provisions in 32 CFR § 273.15. The selling agency will consider late bids for award if the bid was delivered in a timely fashion to the address specified in the sales offering but did not reach the official designated to accept the bid by the bid opening time due to a government delay.

The selling agency representative may consider late bid modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.

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, 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 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., it 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 can 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 SCO in evaluating bidder responsibility.

The Government intends to make a single award to 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.

For illustrative purposes, if the item being advertised for sale were blue widgets with an acquisition value of $1000.00 each with an estimated of 500 Blue Widgets delivered per year. Bidder A submits a bid for 10% of the acquisition value per blue widget for a per widget purchase price of $100.00 or a total extended bid amount of an estimated $50,000. Bidder B submits a bid for 7% of the acquisition value per blue widget for a per widget purchase price of $70.00 or a total extended bid amount of an estimated $35,000.00, Bidder A is the AHB.

D.9 Ineligible Bidder:

Bidder will not be eligible for award if they are:

· Officially indebted to the U.S Government

· Excluded from Federal programs by the General Services Administration as identified in the System for Award Management at https://sam.gov/.

· Subject to denial, suspension, debarment, or other sanctions pursuant to export control and related laws, regulations, or orders administered by the DOS, DOC, DHS, or USTD. The DOS, DOC, DHS, and USTD name these entities, individuals, and countries in the Federal Register and at the following website: Consolidated Screening List Search Engine (https://www.trade.gov/data-visualization/csl-search).

D.10 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the 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.

The AHB shall be required to provide detailed information on every storage location the AHB intends to use. The pre-award survey may be conducted at the AHB’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 AHB’s facilities and equipment, financial capability or disclosure of the AHB’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The AHB 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 assessing the bidder’s present responsibility.

Once notified that you are the AHB, 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 SCO, until a responsive bidder is identified and is determined to be responsible.

D.11 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency conducts an ERD on sale destinations to verify if the DoW 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.

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

D.14 Start of Work Meeting:

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

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

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

E.2 Contract 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, 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.4 Authority of Sales Point of Contact (SPOC):

The SCO designates 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 Deposit The Agency shall retain the deposit until the completion of the contract closure period, no later than 120 calendar days after the end of the performance period. The deposit shall be applied to any unpaid billings or to offset any other claim that any U.S. Government Agency may have against the Purchaser. The Defense Finance and Accounting Service (DFAS) shall return any available balance of the deposit, without interest, to Purchaser at the completion of their process. The Bidder or Purchaser hereby agrees that the Agency may use all or any portion of any refund due to satisfy, in whole or in part, any debt arising out of prior transactions with any U.S. Government Agency.

F.2 Insurance and Bond Contract Requirements:

Purchaser shall obtain at least the minimum coverage specified in the Defense Base Act (DBA) for the specified country, a DBA Waiver approved by U.S. Department of Labor, or other Host Nation Requirement. Purchasers shall obtain and maintain the insurance and bond requirements throughout the performance period. Proof of coverage and source of requirement will be provided to the SCO prior to start of the performance period. For further details refer to Sales by Reference (SBR) part 5.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB will consist of a 36-month base period, followed by two 12-month option periods that may be exercised at the SCO’s discretion. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of any 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 any combination of option periods and extension are used, shall not exceed 60 months.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Host Nation, state, local codes, DoW regulations, and the Environmental Final Governing Standards 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 with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoW.

G.4 Termination for Default:

The SCO may terminate this contract, in whole or in part, for default if the Purchaser fails to perform any obligation under this contract, including the terms of the SBR incorporated by reference. [Where the failure can be cured, the SCO will first issue written notice identifying the failure and giving the Purchaser ten (10) calendar days to cure it. Termination is effective on the Purchaser's receipt of the SCO's written notice of termination, or on any later date stated in the notice.

A termination for default is a Government claim under the Contract Disputes Act, 41 U.S.C. §§ 7101–7109. Each notice of termination will be issued as a Sales Contracting Officer's final decision, will state the reasons for the decision, and will inform the Purchaser of its appeal rights.

The Purchaser may appeal the final decision to the Armed Services Board of Contract Appeals within 90 days of receipt or bring an action in the U.S. Court of Federal Claims within 12 months of receipt, as provided in 41 U.S.C. § 7104.

The Government's rights and remedies under this section are in addition to any other rights and remedies provided by law or under this contract, including the SBR.

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 (6) 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:

The Billing Cycle runs from the 25th to the 24th. The systemic billing process runs on or about the 24th of each month at 11:59 pm EST. The transactions processed from the 25th of the previous month to the 24th of the current month will be invoiced for the billing cycle.

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency. Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express).

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

Checks or other paper financial instruments such as personal checks, money orders, cashier’s checks, 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 Payment Confirmation:

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

I MATERIAL REFERRALS AND TITLE TRANSFER

I.1 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 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.2 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 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, and regulations when handling and/or disposing of said property.

I.3 Hazardous Material/ Hazardous Waste (HM/HW):

Performance of this contract does not require nor authorizes the Purchaser to handle HM/HW. Despite all best efforts by the Government to prevent the release of HM/HW it may be inadvertently included in a shipment. Should HM/HW be discovered, the Purchaser shall immediately take the necessary action for protection of personnel and property. The Purchaser will immediately contact the SPOC and SCO. The Government will arrange for the pickup and removal of misdescribed or mis-shipped material. Purchasers will adhere to all Federal, State, and local regulations regarding the handling, storage, transport, and disposal of HW. Purchaser will submit an SF364 ROD to SCO within three business days after discovery. SCO will review and make a final decision within 30 business days of ROD submission.

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 authorizes 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.6 Radioactive Property:

Performance of this contract does not require nor authorizes the Purchaser to handle radioactive property. Despite all best efforts by the Government, should the 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.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 that is considered safe to sell without export restrictions. Should Purchaser employees suspect other than “Demilitarization Code A “or DEMIL Code F (safe to sell) 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 SF364 ROD. The Government will arrange for pick up and removal of such material.

I.8 Demilitarization Code Assignment Other DoW 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. The ROD shall be submitted within 30 days of the time the Purchaser knew, or should have known, of the discrepancy or non-conforming tender.

I.10 Title Transfer:

Validation of…