33-5004_West_Railcar_One-Time.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

SALVAGE or SCRAP CONDITON FLATBED RAILCARS

IFB 33-5004

SEALED BID

ONE TIME SALE

For

DLA Disposition West Region Railcar Sale

Offer Closing Date/Time: 8 May 2025, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period Begins 31 March 2025, 1:00 p.m. local time. By appointment only

Sales Contracting Officer: Todd Koleski

EMAIL: Todd.Koleski@dla.mil

PHONE: 269-961-5993

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1:

A.5 Table 2: CLIN, Material, SCL, Descriptions:

A.6 Inspection:

A.7 Loading and Removal:

A.8 Information on obtaining a one-time rail movement permit A.9 Sales Point of Contact (SPOC):

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 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Pre-Award Survey:

D.9.1 Environmental Responsibility Determination (ERD):

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

D.11 Contract Award:

D.12 Start Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Payment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Downsizing:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of late or short payments:

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

I.2 Material Referral:

I.3 Classified Material:

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

I.5 Radioactive Property:

I.6 Hazardous Property:

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

I.8 Demilitarization Code Assignment:

I.9 Safety of Use Message (SOUM) property:

I.10 Foreign Attachment:

I.11 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.12 Title Transfer:

I.13 Notice of Default/Cure Notice:

I.14 Response to Notice:

Termination for Default:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Letter of Authorization (LOA):

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

K.4 Purchaser Use of Sub-Contractors:

K.5 Containers:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

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

M CONTRACT COMPLIANCE, AUDITS AND REVIEWS

M.1 Compliance with Applicable Laws and Regulations:

M.2 Licenses and Permits:

M.3 Duties of Care and Loyalty:

M.4 Prohibited Activities:

M.5 Purchaser’s Cooperation in Investigations/Audits/Compliance Reviews:

M.6 Post award inspections:

M.7 Purchaser Record Retention:

M.8 Inspection of Records and Workplace by Government:

M.9 Compliance Notification:

M.10 Contracts with Third Parties:

N DISPUTES AND CLAIMS

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

O.2 Notices:

O.3 Severability:

O.4 Headings:

O.5 Survival:

O.6 Waiver:

O.7 Force Majeure:

O.8 Use of the Agency Name and Public Communications:

O.9 Tense and Gender:

O.10 Entire Agreement and Modification:

O.11 Computation of Time:

O.12 Electronic Communication:

O.13 No Reimbursements:

O.14 Market, Resale and/or Export:

P GOVERNMENT REQUIRED REPORTS

P.1 Government Use of Purchaser Reported Information:

P.2 Performance Measure Requirements and Reports:

Q ADDITIONAL CONTRACT ADVISEMENTS

Q.1 Public Law Pertaining to Location Operations:

Q.2 Public Law Pertaining to Material:

Q.3 Resource Conservation and Recovery Act (RCRA) Notice:

Q.4 Chemical Agent Resistant Coating (CARC) Paint:

Q.5 Refrigerant:

Q.6 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

R DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a contract for purchase of thirty-one (31) flatbed railcars (36 series and 48 series) in salvage or scrap condition located at four (4) locations in the Western Region of the US. The Purchaser must bid on and take all railcars at all locations. These railcars are offered “as-is/where-is” with no guarantee or warranty, express or implied, for future use as a railcar.

Most of these cars are over 50 years old or are approaching the 50th year from the date they were built and put into service and are at the end of the Army’s life-cycle management program. Purchaser is solely responsible for complying with all laws and regulations if the intent is to re-use these railcars on US rail lines. If the railcars are not suitable for refurbishment or for harvesting parts, they can be scrapped for their basic material content, to include recovery of metallic and non-metallic material.

A.1 Base Access Requirements:

Railcars are located on both military installations and private commercial sites. All locations where property is located may have strict rules that may prohibit access to some individuals. Access to private commercial sites must be coordinated through the Sales Point of Contact (SPOC) (see contact information below in Section A.9 below). If located on a military installation, a 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. The purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that the Purchaser is performing requirements under this IFB and the resulting contract.

To enter a DoD installation, a purchaser may be required to show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005 in order to register for enrollment in the Defense Biometric Identification System (DBIDS).

A.2 Useful Websites:

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

The following is for reference only and does not indicate endorsement of the information provided.

Commercial Scale Locator: https://catscale.com/cat-scale-locator/

A.3 Item Description:

Property consists of thirty-one (31) flatbed railcars (36 series and 48 series) in salvage or scrap condition located at four (4) locations in the Western Region of the US. The Purchaser must take all railcars at all locations. These railcars are offered “as-is/where-is” with no guarantee or warranty, express or implied, for future use as a railcar.

Most of these cars are over 50 years old or are approaching the 50th year from the date they were built and put into service and are at the end of the Army’s life-cycle management program. Purchaser is solely responsible for complying with all laws and regulations if the intent is to re-use these railcars on US rail lines. The Agency is waving the normal scrap warranty imposed on items sold as scrap that would require the railcars to be rendered unusable for their intended purpose or rendered to scrap residue. If the railcars are not suitable for refurbishment or for harvesting parts, they can be scrapped for their basic material content, to include recovery of metallic and non-metallic material. Each railcar weighs approximately 74,500 lbs., but weights will vary. This weight estimate is not a guarantee and is provided for purposes of planning removals, as railcars are not being sold by weight. All railcars and/or all components, parts and/or material from any railcar that is downsized must be removed from the site or the Purchaser will be charged for cost incurred by the Government to have them removed.

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 https://catscale.com/cat-scale-locator/

Generally, the items, parts, components or scrap sourced to the resulting contract(s) is considered safe to sell and has no additional restrictions by this Agency. The items, parts, components or scrap material issued under this contract shall be assigned a Demilitarization Code of A and will be categorized into the SCL(s) listed below.

A.4 Table 1:

Table 1 provides specific information for the location, material, and quantity.

Item Material Code Location Total QTY

(EA.)

1 DSRRCAR48 Concord, CA 15 2 DSRRCAR48 Pueblo, CO 1 3 DSRRCAR36 Magna, UT 5 4 DSRRCAR48 Tooele-Warner, UT 10

A.5 Table 2: CLIN, Material, SCL, Descriptions:

Table 2 is material description(s) for the Contract Line-Item Number (CLIN) for the material listed in Table 1.

A.6 Inspection:

Physical inspection of the property is highly recommended. Inspection and removal by appointment only through SPOC noted in section A.9

Note: If potential bidder wishes to not perform a physical inspection of the property prior to bid, it is required that the potential bidder provide the SCO with an Experience Statement during the pre-award process certifying that they have the requisite experience and knowledge in the onetime movement permit process, handling, and transportation of railcars if onsite inspection is not conducted.

All inspections are by appointment only. Coordination must be made at least 48 hours prior to inspection.

Bidder must be legally allowed on Military installations. Bidder must meet base entry requirements and should have two forms of identification to gain access to the installation. The Bidder should wear protective shoes at site.

A.7 Loading and Removal:

Some railcars may be removed via rail and may require “one time movement authority” (OTMA). (See information below for each site and Section A.8. below on OTMA permits). Coordination with host facility to either have railcars moved to the property fence line or to have base locomotive operators drive Purchaser’s engine onto the base rail system and pick up each railcar may be required at some locations. A successful bidder awarded the contract who intends to use OTMA to remove the railcars will be expected to perform under the terms of this contract even if OTMA is not approved.

The Purchaser shall submit a comprehensive removal plan for each site, which must include a clear indication of whether OTMA (one-time movement authority) will be utilized for the removal of railcars. If OTMA is not to be used, the removal plan must provide a detailed description of the alternative methods and procedures to be employed for the removal process at each site.

CLIN MATERIAL SCL DESCRIPTION

10 DSRRCAR48 ERC

Fifteen (15) railcars and components at Concord, MOTCO Port Chicago CA

(CLIN 10 for bidding) 20 DSRRCAR48 ERC One (1) railcars and components at

Pueblo CO (CLIN 20 for bidding) .

30 DSRRCAR36 ERC Five (5) railcars and components at

Magna UT (CLIN 30 for bidding).

40 DSRRCAR48 ERC Ten (10) railcars and components at

Tooele-Warner, UT (CLIN 40 for bidding) .

When railcars cannot be moved via rail, the Purchaser will provide all MHE, equipment and conveyance to safely remove all property at all locations. The purchaser is required to load property onto their conveyance at all locations.

When the Purchaser executes a removal, the Purchaser will ensure that if there is any downsizing or dismantling taking place, the worksite areas are returned to pre-work conditions. Please note that downsizing is not authorized at all locations. See specifics for each site below.

Purchaser is advised that removal requirements vary by location. Purchaser is responsible for reviewing and complying with the specific removal requirements applicable to each individual location as detailed below.

Purchaser will be required to remove property based on priority identified below. Property located at priority 1 location must be removed prior to removal occurring at priority 2 location, etc...

Location Priority 1:

MOTCO Port Chicago CA (CLIN 10 for bidding):

• This is a DoD facility.

• Address: 410 Norman Ave. Concord, CA 94520-5014

• Removal time frame: Monday- Friday 0600-1400.

• There are fifteen (15) 48-series Railcars for removal at this location.

• Total estimated weight is 972,400 lbs.

• Downsizing is NOT authorized.

• No Government loading available at this location.

• There is rail access to the location; 13 of the 15 railcars are expired and would require the one-time movement permit but all are rail-worthy and all 15 railcars are able to be removed via rail.

Railcars at this location are as follows:

**Any weights above are an estimate only and are not guaranteed. Property is not being sold as weight. It is provided for the purpose of planning removals.

Equipment Id Car Mark

Car Number

Car Series Built Date

Gross Rail Load/Weight

Load Limit

Tare Weight Location

DODX 48787 DODX 48787 48 10/1/1979 220,000 157,400 62,600 Motco Port Chicago, CA USA

DODX 48686 DODX 48686 48 3/1/1973 220,000 154,500 65,500 Motco Port Chicago, CA USA

DODX 48691 DODX 48691 48 9/1/1973 220,000 153,100 66,900 Motco Port Chicago, CA USA

DODX 48694 DODX 48694 48 9/1/1973 220,000 153,700 66,300 Motco Port Chicago, CA USA

DODX 48697 DODX 48697 48 9/1/1973 220,000 154,600 65,400 Motco Port Chicago, CA USA

DODX 48701 DODX 48701 48 11/1/1973 220,000 155,200 64,800 Motco Port Chicago, CA USA

DODX 48706 DODX 48706 48 8/1/1973 220,000 156,500 63,500 Motco Port Chicago, CA USA

DODX 48709 DODX 48709 48 8/1/1973 220,000 152,300 67,700 Motco Port Chicago, CA USA

DODX 48723 DODX 48723 48 1/1/1974 220,000 155,300 64,700 Motco Port Chicago, CA USA

DODX 48726 DODX 48726 48 2/1/1974 220,000 156,300 63,700 Motco Port Chicago, CA USA

DODX 48737 DODX 48737 48 1/1/1974 220,000 157,500 62,500 Motco Port Chicago, CA USA

DODX 48738 DODX 48738 48 3/1/1975 220,000 156,200 63,800 Motco Port Chicago, CA USA

DODX 48941 DODX 48941 48 1/1/1975 220,000 155,600 64,400 Motco Port Chicago, CA USA

DODX 48950 DODX 48950 48 12/1/1974 220,000 156,100 63,900 Motco Port Chicago, CA USA

DODX 48696 DODX 48696 48 9/1/1973 220,000 153,300 66,700 Motco Port Chicago, CA USA

Location Priority 2:

Pueblo, CO (CLIN 20 for bidding):

• This is not a DoD facility.

• Address: 598 N States Avenue, Pueblo West, CO 81007

• Removal time frame: Monday- Friday 0600-1400.

• There is one (1), 48 series railcar that has been dismantled.

• Total estimated weight is 66,100 lbs. This weight estimate is not guaranteed and is only provided for purposes of planning removals.

• Downsizing is NOT authorized.

• No Government loading available at this location.

• The Purchaser will be required to load and haul away without downsizing and without use of rail system.

Railcars at this location are as follows:

Equipment Id Car

Mark Car

Number Car

Series Built Date Gross Rail

Load/Weight Load Limit Tare Weight Location DODX 48680 DODX 48680 48 3/1/1973 220,000 153,900 66,100 Liberty Railcar Pueblo, CO

**Any weights above are an estimate only and are not guaranteed. Property is not being sold as weight. It is only provided for the purpose of bidding and planning removals.

Location Priority 3:

Magna, UT (CLIN 30 for bidding):

• Address: 8400 West 5000 South, Magna, UT 84044

• Removal time frame: Monday- Friday 0600-1400.

• There are five (5), 36 series railcars at this location.

• Total estimated weight is 639,000 lbs.

• Downsizing is NOT authorized.

• No Government loading available at this location.

• There is rail access to the location; all railcars are expired life and would require a one-time movement permit, but all are rail-worthy.

Equipment Id Car Mark

Car Number

Car Series Built Date Gross Rail

Load/Weight Load Limit Tare Weight Location

DODX036003 DODX 36003 36 4/1/1965 440,000 312,200 127,800 Magna, UT DODX036004 DODX 36004 36 3/1/1965 440,000 312,200 127,800 Magna, UT DODX036006 DODX 36006 36 3/1/1965 440,000 312,200 127,800 Magna, UT DODX036007 DODX 36007 36 10/1/1965 440,000 312,200 127,800 Magna, UT DODX036008 DODX 36008 36 11/1/1965 440,000 312,200 127,800 Magna, UT

**Any weights above are an estimate only and are not guaranteed. Property is not being sold as weight. It is

Location Priority 4:

Tooele-Warner, UT (CLIN 40 for bidding):

• Address: 1 Tooele Army Depot, Tooele, UT 84074

• Removal time frame: Monday- Friday 0600-1400.

• There are ten (10), 48 series railcars at this location.

• Total estimated weight is 633,000 lbs.

• Downsizing is NOT authorized.

• Some Government assistance is available for movement and consolidation of railcars but very limited. Prior coordination is required.

• There is rail access to the location; all railcars are expired and would require a one-time movement permit, but all are rail-worthy.

• No Government loading available at this location.

Equipment Id Car

Mark Car

Number Car

Series Built Date Gross Rail

Load/Weight Load Limit Tare Weight Location

DODX 48692 DODX 48692 48 9/1/1973 220,000 153,300 66,700 Tooele/Warner, UT USA

DODX 48707 DODX 48707 48 8/1/1973 220,000 155,900 64,100 Tooele/Warner, UT USA

DODX 48727 DODX 48727 48 2/1/1974 220,000 155,300 64,700 Tooele/Warner, UT USA

DODX 48733 DODX 48733 48 1/1/1974 220,000 155,300 64,700 Tooele/Warner, UT USA

DODX 48760 DODX 48760 48 11/1/1974 220,000 160,700 59,300 Tooele/Warner, UT USA

DODX 48769 DODX 48769 48 1/1/1975 220,000 160,300 59,700 Tooele/Warner, UT USA

DODX 48873 DODX 48873 48 1/1/1975 220,000 157,400 62,600 Tooele/Warner, UT USA

DODX 48893 DODX 48893 48 11/1/1974 220,000 156,300 63,700 Tooele/Warner, UT USA

DODX 48925 DODX 48925 48 1/1/1975 220,000 156,200 63,800 Tooele/Warner, UT USA

DODX 48981 DODX 48981 48 12/1/1974 220,000 156,300 63,700 Tooele/Warner, UT USA

*Any weights above are an estimate only and are not guaranteed. Property is not being sold as weight. It is

Coordination with host facility to either have railcar at the property fence line or to have base locomotive operator drive Purchaser’s engine onto the base rail system and pick up each railcar is required prior to scheduling where allowed.

A.8 Information on obtaining a one-time rail movement permit.

The Purchaser is required to submit the One-Time Movement Request within 10 calendar days of the contract award. The request must include all necessary details and documentation required for approval. Additionally, the Purchaser must provide copies of the submitted request to the SCO to ensure proper coordination and processing.

Failure to submit the OTMA request within the specified timeframe shall be considered a material breach of the contract, which may lead to a determination of default, and the Government may deny the purchaser the six-month performance period.

Note: The Agency will not assist with the One-Time Movement Approval (OTMA) process, and a successful bidder awarded the contract who intends to use OTMA to remove the railcars will be expected to perform under the terms of this contract even if OTMA is not approved.

To move railcars that are over 50 years old from one location to their final destination, you need to obtain a One- Time Movement Approval (OTMA) from the Federal Railroad Administration (FRA). This approval is necessary because, under 49 CFR § 215.203, operating freight railcars that are more than 50 years old is restricted unless specific conditions are met.

Steps to Obtain a One-Time Movement Approval (OTMA):

1. Prepare a Petition:

• Submission Timeline: Submit the petition at least 90 days before the intended movement date.

• Submission Format: Provide the petition in triplicate.

• Content Requirements: The petition should include:

• The name and principal business address of the petitioning railroad.

• The name and address of the entity responsible for the railcar operation and maintenance.

• Details of the railcars, including number, type, capacity, reporting marks, railcar numbers, condition, status, and age from the date of original construction.

• The specific design, type component, or other factors causing the railcar to be restricted.

• The maximum load the railcars will carry.

• The maximum speed at which the railcars will be operated.

• Confirmation that each railcar has been examined and found safe to operate under the conditions set forth in the petition.

• The territorial limits within which the railcars are to be operated, and the names of the railroads involved.

2. Submit the Petition:

• Address: Direct your petition to the Federal Railroad Administrator.

• Contact Information: For specific submission details, refer to the FRA’s guidelines or contact their office directly.

3. Await FRA Approval:

• The FRA will review your petition and may grant special approval for the movement under specified conditions.

For detailed guidance, consult the FRA’s Freight Car Safety Standards and Special Approval/Movement documentation.

Additionally, the FRA’s Hazardous Materials Guidance document (HMG-127) provides procedures for obtaining OTMAs, especially for nonconforming packages.

If you have further questions or need assistance with the application process, you can contact the FRA’s Hazardous Materials Division at HMASSIST@dot.gov mailto:HMASSIST@dot.gov.%C3%82

A.9 Sales Point of Contact (SPOC):

Location Priority 1:

MOTCO Port Chicago CA:

Primary POC Edward Valenzuela Phone number: (209) 839-5974, (209) 319-3022 Email: edward.valenzuela@dla.mil

Location Priority 2:

Pueblo, CO:

Primary POC Bradley Wise Phone number: (402) 619-8532 Email: brad.wise@dla.mil

Location Priority 3:

Magna, UT:

Primary POC Riley Peterson Phone number: (385) 519-8257 Email: riley.peterson@dla.mil

Location Priority 4:

Tooele-Warner, UT:

Primary POC Riley Peterson Phone number: (385) 519-8257 Email: riley.peterson@dla.mil

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to 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.

mailto:edward.valenzuela@dla.mil mailto:brad.wise@dla.mil mailto:riley.peterson@dla.mil mailto:riley.peterson@dla.mil 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 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:

Condition 2 Condition 5 Condition 8 Condition 12

C.2 SBR Part 2:

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

Condition 13(c) Condition 28 Condition 29 Condition 34

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

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

C.5 SBR Part 5:

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

Article A

Article D. Paragraph D(a) is amended to: The Purchaser shall, at no expense to the Government and prior to contract 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.

Article E Article G

C.6 SBR Part 6:

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

C.7 SBR Part 7:

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

Article A Article B Article D Article F Article G Article H Article I Article J Article K Article L Article M Article N Article O Article P Article Q Article U Article V Article W Article X Article Y

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: Does not apply.

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

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

The Government expects all the terms and conditions of the contract to be met at the bid price submitted. At no time will 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 the 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:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A. This is an “all or nothing” sale, and the bidder must provide a bid on all items offered at each location or the bid will not be considered. Bidder shall enter bid as a price per railcar not to exceed two decimal places (example 0.01).

Minimum bid is .01 per railcar or unit of issue. Multiply your bid price by the quantity indicated in the “Total QTY” column in Table 1 to calculate your extended bid amount which will represent your bid for all railcars at that location.

The bidder awarded this contract will be awarded all Contract Line Items Numbers (CLINs) or none. Each CLIN represents all railcars at that specific location. Bidders must place a bid on each CLIN being considered for award.

Purchaser will be expected to pay the Unit Bid Price for each Item upon removal.

The highest priced cumulative bid for all CLINS will be determined by each bidder’s total contract price identified in the “total amount” on the SF114. “Total Amount” block on the SF 114 will be equal to the cumulative total from the bid on each CLIN from column “Total Price Bid” on the SF 114A.

The bidder with the highest “TOTAL AMOUNT” bid will be considered the apparent high bidder and will be vetted prior to award in accordance with provisions in Section D below. It is expected that the awarded company will remove all of the items in this IFB or none of the items in this IFB. The awarded company must possess all appropriate licenses for all items or have sub-contractors with appropriate licenses to remove all Items. Award will not be made to a bidder who fails to demonstrate the capability to remove all items listed in the IFB.

For illustrative purposes, if the four items advertised for sale in the IFB are in each, CLIN 1- 15 EA., CLIN 2- 1 EA., CLIN 3- 5 EA., and CLIN 4- 10 EA. Bidder A bids- CLIN 1 $0.25, CLIN 2 $3.05, CLIN 3- $0.50, CLIN 4 $0.12. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount” equals $10.50 for all CLINs awarded.

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

Do not email bids or call-in bids directly to the SCO. Email bid to: DLADSSalesBids@dla.mil

***Special attention should be paid to these instructions. Failure to submit your Bid in accordance with these instructions will result in your Bid not being considered. Please read all sections below and follow the directions for submission of your Bid in order for it to be considered***

- Individuals or firms must submit their bids to DLADSSalesBids@dla.mil by time and date specified on page one of this IFB and will receive a return receipt acknowledgment email confirming receipt.

- If you submit a bid and do not receive an acknowledgement of receipt, it is recommended that you contact the Sales Contracting Officer for the sole purpose of addressing any difficulty in submitting your bid via email.

- If there are technical issues preventing your email submission, the SCO may grant you 24-hours to submit your bid by overnight mail. The overnight mail package must be post marked before the close of business on the due date. If your Bid documents are stripped from your email submission due to virus detection software or for other technical reasons, the SCO will notify you and provide you with an opportunity to submit by overnight mail. This overnight package must be post marked in accordance with SCO direction.

- The Government cannot guarantee acknowledgement receipt emails for submissions made on the last day that bids are due, and any bidder that submits their bid in the last hours on the last day assumes the risk that their bid will be late and not considered if it is not received on time.

- If submitting from overseas locations, special attention should be paid to submitting Bids early to address any email transmittal issues due to time zone differences.

- Bids sent to any other Disposition Service email address or directly to the SCO will not be accepted or considered.

- If you do not follow this process for submission of your bid, any late bids will NOT be considered.

D.4 A Responsive Bid:

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 will be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A.

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

mailto:DLADSSalesBids@dla.mil

D.5 When to Send Bid:

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

Do not email bids or call-in bids directly to the SCO. Email bid to: DLADSSalesBids@dla.mil

D.6 How to Modify/Cancel Bid:

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

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

D.7 Bid Evaluation:

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

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid inclusive of all lines unless a determination is made to reject the bid under 41 CFR § 102-38.205. For illustrative purposes, if Bidder A’s bid submission cumulative total bid is for $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total bid is for $160,000.00 “Total Amount,” then Bidder B is the apparent high bidder since he/she would have the highest total amount priced responsive bid.

D.8 Ineligible Bidder:

A Bidder will not be eligible for award if they are:

• Officially indebted to the Government.

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

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

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

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

D.9 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The Pre-Award survey may be conducted at the mailto:DLADSSalesBids@dla.mil https://sam.gov/ https://www.trade.gov/data-visualization/csl-search

AHB’s facility. The Pre-Award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

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

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

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

• Complete and return a Comprehensive removal plan as described in A.7

• Statement of experience as stated in A.6

D.9.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the Statement of Intent. Do not list downstream recipients of processed property.

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

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

Prior to the award of a contract, the Agency shall determine whether the potential Purchaser has the necessary permits/licenses, letter of experience, organization, and technical qualifications (either through its own facilities or facilities of a sub-contractor) to meet the terms and conditions and can comply with the applicable Federal, state and local laws, ordinances and regulations.

If the Agency determines the AHB is not responsible, the next highest bidder will begin the same pre-award survey process. This same process of vetting the next highest bidder will continue until a responsible bidder is identified.

D.11 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.

Under 41 CFR § 102-38.205, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

When you have successfully completed the pre-award assessment as the apparent high bidder, you will receive a Statement indicating the amount of payment due. Submit payment within three business days of the Statement (An extension of up to ten (10) business days may be authorized by the SCO upon written request by the AHB that is submitted before the initial three business day suspense).

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

D.12 Start 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, and this will constitute official award of the contract to the apparent high bidder. 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 the 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 Transfer and Hypothecation:

General Prohibition - Except as specifically provided herein or specifically approved by the Agency in writing, the Purchaser shall not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract.

Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be invalid and shall constitute a material breach of this contract.

E.3 Contract of Sale:

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

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

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

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, 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.5 Authority of Sales Point of Contact (SPOC):

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Payment:

Purchaser shall provide the Agency a payment in the amount specified on the Notice of Award. The payment shall be in the form of a guaranteed instrument (cashier’s or certified check), Electronic Funds Transfer (EFT), or via wire payment. Payment options and instructions will be provided to the apparent high Bidder with the Notice of Award.

This is a one-time sale full payment must be received before the removal of any property.

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract is six (6) months. All railcars at all location must be removed within six (6) months of award. The Sales Contracting Officer’s (SCO) has sole discretion to grant extensions to this performance period. All railcars must be removed in the six (6) month performance period.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Federal, state, local codes and DoD regulations 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 Federal, state, local codes and IAW regulations.

Anticipated Regulatory Changes: Performance under any contract resulting from this solicitation must follow all local, state, and federal laws and regulations. Accordingly, it is the responsibility of the offeror to ensure that all such laws and regulations are considered in the preparation of its proposal. Such consideration should include not only relevant laws and regulations currently in effect, but also revisions there to for which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

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 Federal, state and local laws, ordinances, regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.4 Downsizing:

Downsizing is not authorized at all locations; however, where it is permitted, the Purchaser is authorized to downsize the material only to the extent that it can fit into the Purchaser’s conveyance, in accordance with the specifications provided by the base/installation or private commercial facility. When downsizing is allowed, a joint pre-inspection and post inspection will be made of the site with the SPOC, Purchaser’s representative and a representative of the facility. The Purchaser is responsible for the cleanup and removal of any cutting or grinding debris, as well as any spills that occur during the downsizing and/or removal process.

Spill Responsibility: The Purchaser is solely responsible for clean-up and disposal of all spills or leaks IAW 40 CFR Part 112 during the loading and or downsizing operations of this contract that occur because of, or are contributed to, by the actions of its agents, employees, or Sub-Purchasers, at no cost to the Government. This includes spill from Purchaser’s equipment used for downsizing or loading. Spill response will be performed by the Purchaser IAW host installation spill response procedures. The Purchaser shall have all necessary spill response kits, equipment and supplies prepositioned in-case of spills that may occur during this operation. The Purchaser agrees that their personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

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, Statement and Removal” document is the only invoice or billing document.

H.2 Types of Acceptable Payments:

All payments, 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).

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.

Address all hand-carried or delivered payments to the following:

DLA FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

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. 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. Payment submission through Pay.gov is recommended to reduce processing time. Pay.Gov confirmation email is proof of payment.

Pay.Gov Link

H.4 Consequences of late or short payments:

If full payment is not received within 10 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S.