IFB_33-6039_SLAB_Pine Bluff.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

SPENT LEAD ACID BATTERIES

(FORKLIFT – VEHICULAR - AGM)

IFB 33-6039

SEALED BID

ONE TIME SALE

Start Price $0.010

Pricing Method: Per LB

AT

Pine Bluff Arsenal, AR

Offer Closing Date/Time: 08/04/2026 at 1:00p.m EST

Inspection Period Begins 07/08/2026

By appointment only

Sales Contracting Officer (SCO): Jay Armstrong

EMAIL: jay.armstrong@dla.mil

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North Battle Creek, Michigan 49037-3092

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 Packing:

A.7 Removal:

A.8 Inspection:

A.9 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 40 CFR 266G and Land Disposal Restriction:

B.2 FAR Provision 52.204-24:

B.3 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 Where to Submit Bid:

D.5 A Responsive Bid:

D.6 When to Send Bid:

D.7 How to Modify/Cancel Bid:

D.8 Bid Acceptance Period:

D.9 Bid Evaluation:

D.10 Ineligible Bidder:

D.11 Pre-Award Survey:

D.11.1 Environmental Responsibility Determination (ERD):

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

D.13 Contract Award:

D.14 Post-Award Conference:

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 Prepayment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

H DISTRIBUTIONS/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 Other than "Demilitarization Code A” Scrap Property:

I.7 Demilitarization Code Assignment:

I.8 Safety of Use Message (SOUM) property:

I.9 Foreign Attachment:

I.10 Miscellaneous Debris and Dunnage:

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

I.12 Title Transfer:

I.13 Notice of Default:

I.14 Response to Notice:

I.15 Termination:

J PURCHASER RESPONSIBILITIES

J.1 Scrap Yard Activity:

J.2 Weighing:

J.3 Letter of Authorization (LOA):

J.4 Special Advisement for Hazardous Material

J.5 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

J.6 Purchaser Use of Subcontractors:

J.7 Training:

J.8 Spills:

J.9 Treatment:

J.10 Mark, Label, and Placard:

J.11 Tax or Penalty:

J.12 Storage Charges:

K CONTRACT COMPLIANCE, AUDITS AND REVIEWS

K.1 Compliance with Applicable Laws and Regulations:

K.2 Licenses and Permits:

K.3 Duties of Care and Loyalty:

K.4 Prohibited Activities:

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

K.6 Post award inspections:

K.7 Purchaser’s Responsibility for Independent Audit at Government’s Request:

K.8 Purchaser Record Retention:

K.9 Inspection of Records and Workplace by Government:

K.10 Purpose and Content of Compliance Audits, Reviews and Further Reviews:

K.11 Methods and Procedures for Compliance Reviews:

K.12 Further Reviews:

K.13 Procedures for Adjudication of Audit Adjustments:

K.14 Remedies for Audit Adjustments:

K.15 Contracts with Third Parties:

L DISPUTES AND CLAIMS

L.1 Disputes:

L.2 Alternative Dispute Resolution (ADR):

M MISCELLANEOUS PROVISIONS

M.1 Binding Effect:

M.2 Notices:

M.3 Severability:

M.4 Headings:

M.5 Survival:

M.6 Waiver:

M.7 Force Majeure:

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

M.9 Tense and Gender:

M.10 Entire Agreement and Modification:

M.11 Computation of Time:

M.12 Electronic Communication:

M.13 No Reimbursements:

M.14 Market, Resale and/or Export:

M.15 Indemnification:

N GOVERNMENT REQUIRED REPORTS

N.1 Government Use of Purchaser Reported Information:

N.2 Performance Measure Requirements and Reports:

O ADDITIONAL CONTRACT ADVISEMENTS

O.1 Public Law Pertaining to Location Operations:

O.2 Public Law Pertaining to Material:

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

O.4 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

P DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a one-time sale of an approximately 53 steel cased forklift spent lead acid batteries (SLAB) (estimated weight 3,800 lbs each), vehicular SLABs, and hawker AGM (absorbent glass mat) SLABs for a total combined estimated weight of 300,000 lbs. at Pine Bluff Arsenal, AR. These batteries are being managed by DoD generators as Resource Conservation and Recovery Act (RCRA) exempt via 40 CFR 266 Subpart G and will require reclamation at a recycler identified in the Statement of Intent (SOI). To fulfill cradle-to-grave requirements to utilize this exemption, the purchaser will receive a one-time generator signed Land Disposal Restriction (LDR) destination shipping document for each generator EPA ID that is a pickup point. At time of removal, the purchaser will assign a shipping paperwork number and input that number into the LDR destination shipping document. The purchaser will provide that LDR destination shipping document to any interim facility and the end reclamation recycler.

The purchaser will provide the DLA Disposition Services Sales Point of Contact (SPOC) and each Generator with signed return copies of the LDR destination shipping documentation from all interim facilities where the batteries are transferred and from the end recycler within 30 days after the reclamation recycler receives the shipment. The signed LDR destination shipping documentation must be returned and is only required one time for each generator EPA ID to fulfill the generator RCRA-exemption cradle-to-grave requirements, see below reference.

(Ref. https://www.epa.gov/sites/default/files/2014- 12/documents/gen05.pdf).

The LDR destination shipping documentation is not required for any additional shipments from that generator EPA ID unless an alternative recycling facility is vetted, approved, and used. Then the newly signed LDR destination shipping documentation from the new reclamation recycler must be returned. Purchaser will only utilize destinations approved in the SOI. If there is any requirement to use an alternative destination not approved in the SOI, then the purchaser will elevate the alternative destination to the SCO prior to pick-up so an evaluation can be performed on the new destination. New destination evaluations take five (5) to 10 business days and may not be authorized.

A.1 Base Access Requirements:

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

Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005 to register for enrollment in the Defense Biometric Identification System (DBIDS) and pass a federal background check.

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.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:

This is an IFB that offers hazardous material (HM) for sale. Property stream consists of steel cased forklift and AGM heavy duty Hawker spent lead acid batteries. These batteries are RCRA exempt, as such are being sold solely for the purpose of reclamation as RCRA Exempt.

These batteries are intact and unbroken. Batteries will only be sold to purchasers that can demonstrate ability to comply with all local, state and federal laws governing recycling of batteries. Intent to export these batteries outside of the U.S. for reclamation is not authorized under this sale. Potential high bidders listing destinations in their SOI that are outside of U.S. will not be considered responsive bidders, and their bids will be rejected.

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

40 U.S.C. Chapter 5 relates to Public Sale of U.S. Government Personal Property and falls under the purview of General Services Administration (GSA) authority under 41 CFR 102-38 and covers U.S. Government personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. This IFB is not governed by the Federal Acquisition Regulation.

This IFB is for a firm fixed price Public Sales contract where the bid price is expressed in United States dollars/cents per advertised unit of issue. DLA Disposition Services (hereinafter “Agency” or “Government”) expects the Purchaser to perform all requirements under this contract at the bid price provided by the Purchaser. This is not a sale by lot.

The purchaser, like the Subject Matter Expert (SME) who removes electrolyte or other materials from batteries or who generates other solid waste (e.g., battery pack materials, discarded consumer products), must determine whether the electrolyte, other material and/or other solid waste exhibit a characteristic of hazardous waste identified in 40 CFR part 261, subpart C. If the electrolyte, other material and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of 40 CFR parts 260 through

272. The purchaser/handler is considered the generator of the hazardous material and/or other waste that results from the reclamation process and is subject to 40 CFR part 262. If the material removed or other solid waste is not hazardous, the handler may manage the material or waste in any way that follows applicable federal, state, or local laws. SME must determine labeling and/or marking requirements based on the waste generated.

Any pictures provided and/or accompanying this IFB are for illustrative purposes only and may not be a current representation of the material, site location, or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

Certified scale is located on base; truck will be escorted to scale. Distance to alternate certified scale is 10 miles.

Over the duration of the base period the Government guarantees to issue the Purchaser a minimum total weight equal to the “Minimum Guaranteed QTY (LBS.)” identified per SCL listed in Table 1.

A.4 Table 1:

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

State Site Item Material Bid QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed QTY

(LBS.)

AR Pine Bluff 1 UN2794 207,000 103,500 310,500

AR Pine Bluff 2 UN2800 93,000 46,500 139,500 Note: The Total QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government makes no guarantees regarding this quantity to be offered; the quantities offered are governed by the minimum and maximum columns in Table 1.

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.

CLIN MATERIAL DESCRIPTION

1 UN2794 Batteries, Wet, Filled w/ Acid, DoT Haz 8, PG III

Spent Lead Acid Batteries - Steel Cased Forklift

Spent Lead Acid Batteries (Vehicular or otherwise)

2 UN2800 Batteries, Wet, Non-Spillable w/ Acid, DoT Haz 8, PG III

Hawker AGM (absorbent class matt) Batteries

A.6 Packing:

Transportation: Pallets of SLABs should be securely in place. To ensure that battery pallets do not shift during transportation, the transporter should apply the appropriate “blocking and bracing” methods to secure the load from horizontal and vertical movement. The term “blocking and bracing” refers to various methods prescribed in the Transportation of Dangerous Goods (TDG) Act and other transportation legislation to ensure that products are securely tied down with bracing and are held in place in a transportation vehicle by blocking so that they are stable and do not move around or fall over. Appropriate shipping documentation, labels and markings should be provided with every vehicle transporting SLAB. The transport vehicle should be outfitted with spill cleanup equipment and any other equipment necessary to ensure health and safety. All vehicles transporting SLABs should have a spill kit on board and any other equipment necessary to deal with a spill and related worker injuries.

All transport personnel must be aware of the hazardous nature of SLABs and should be trained in emergency procedures in case of fire, spills or other accidents, and in how to contact emergency services. Personal protective equipment (PPE): PPE must be provided for all staff transporting SLABs and it should be accessible during transportation.

There will be no refund or adjustment for dunnage without strict adherence to weighing procedures and documenting Gross, Tare and Net weights of packaging material as witnessed and documented by a Government representative. Pallet weight is included in the overall weight of each removal.

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

A.7 Removal:

Monday-Friday 8:00AM – 2:30PM local time excluding federally recognized holidays.

Truck Gate Address:

11080 Wise Road White Hall Arkansas, 71602

Trucks will be escorted to property locations and scale.

A.8 Inspection:

Inspection is by appointment only and requires 48-hour notice.

Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection.

Inspection POC(s): Terry Burkett; 903-490-9922; terry.burkett@dla.mil Toni Cannon; 385-591-3559; toni.cannon@dla.mil

A.9 Loading:

The SPOC will notify the Purchaser of required removal by email.

The Purchaser must respond and provide a scheduled removal date/s within five (5) business days of the email notification from the DLA Disposition Services SPOC. Purchaser must act in good faith to have requested property removed within scheduled removal date/s agreed upon in initial email from DLA Disposition Services SPOC. If agreed upon dates must change, prior approval must be granted by SCO prior to rescheduling. Agreed upon removal times will not exceed 14 business days.

The Government will only provide initial placement upon the Purchaser’s conveyance, either by side-load of a flatbed, or tailgate load of a box trailer. The Purchaser’s drivers must provide and use a pallet jack, etc., to move the material beyond that point.

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 40 CFR 266G and Land Disposal Restriction:

§ 266.80 Applicability and requirements. If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. § 266.80(a)(3). If your batteries will be reclaimed other than through regeneration, and if you store these batteries but you aren't the reclaimer, then you are exempt from 40 CFR parts 262 (except for § 262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA, and you are subject to 40 CFR parts 261, § 262.11 and applicable provisions under part 268.

In summary, the RCRA-exemption applies if the following is fulfilled as identified under Subpart G, 266.80(a)(3):

1. 40 CFR 261.4 (24) requirements to utilize a reclamation recycler.

2. 40 CFR 262.11 (a) & (b) generator makes the call whether the exclusion is applicable.

3. 40 CFR 268.7(a)(7) one-time LDR to recycler.

B.2 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 SOI is sent to AHB as part of the pre-award process.

Full clause text included in attachment.

B.3 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

C SALE BY REFERENCE (SBR)

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

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

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except: 2, 5, 8, 11, 12, 13

Note: Paragraph 4 is amended to “(Notice of Award)”.

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 4, 7, 12, 30

Note: Paragraph 33. DISPUTES is amended 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 Conditions apply except: 5

C.5 SBR Part 5:

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

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: A, B, D, F, G, H, I, J, K, L, M, N, O, P, Q, T, V, W, X

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 bid shall consist of an amount per unit of issue specified in U.S. currency. Be advised certain risk factors 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 related to determining the bid.

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 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 DLA sales contract. AHBs should ensure the SOI and other pre-award documentation identify any subcontractors that will be performing removals or processing materials on their 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. Bidder shall enter bid as a price per unit of issue not to exceed three (3) decimal places (example 0.010). Minimum bid is

0.010 per unit of issue. Multiply your bid price by the quantity indicated in the “Total QTY” column being advertised to calculate your extended bid amount.

The highest priced bid 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 total from all CLINs from column “Total Price Bid” on the SF 114A.

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

For illustrative purposes, if one (1) item was advertised for sale in the IFB in pounds, CLIN 1- 500,000 lbs. Bidder A bids on CLIN 1 for $0.010 per lb. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN.

Example 2 shows Bidder A’s “Total Amount” equals $5,000 for all CLINs awarded.

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

D.4 Where to Submit Bid:

Do not email bids or call-in bids directly to the SCO.

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

D.5 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 completed.

D.6 When to Send Bid:

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

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

D.7 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, 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.8 Bid Acceptance Period:

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

D.9 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, 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. Code § 545 but may be considered by the SCO 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 the item being advertised for sale was 500,000 pounds and Bidder A submits a bid for $.0010 per pound for a total extended bid amount of $500 ($.001 times 500,000) and Bidder B submits a bid for $.0011 per pound for a total extended bid amount of $550 ($.0011 times 500,000), then Bidder B is the AHB.

D.10 Ineligible Bidder:

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

D.11 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 (AHB), and SOI DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The pre-award survey may be conducted at the AHB’s destination facility. The SOI must include the known end recycler that is reclaiming the SLABs. The AHB will not be awarded if the known end recycler is not identified in the SOI. 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 AHB shall cooperate in the pre-award process by assisting in arrangements and/or by providing requested information in a timely manner. Be advised that the pre-award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

To facilitate the pre-award Survey, you have three (3) business days to:

Complete and return SOI to the SCO.

Complete and return FAR Provision 52.204-24.

D.11.1 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 IFB, SOI, federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the SOI. Do not list downstream recipients of processed property.

The purchaser is responsible for providing copies of requisite permits and/or registration numbers for downstream processors for the ERD.

Permits, licenses, and registration for the State of Arkansas for the processing or storage of spent lead-acid batteries includes but is not limited to:

- Industrial Stormwater Permit for processors of spent lead acid batteries.

The State of Arkansas requires scrap and waste recycling facilities to obtain coverage under the State of Arkansas Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity (MSGP).

https://adeq.state.ar.us/water/permits/npdes/

If the initial and/or downstream processing of property will occur outside of the State of Arkansas, the Purchaser is responsible for understanding and ensuring compliance with the regulatory requirements of that State. The Purchaser is responsible for providing copies of the required permits, licenses, and registrations for the processing facilities in accordance with State requirements for that location.

DLA Environmental Support Branch may perform a cursory review of transporters based on the type of material(s) included as part of the sale. Certain commodities may require special licensing or permitting for transport based on state regulations. The AHB will be responsible for ensuring that 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. Purchaser is not authorized to process Government material at a site other than those listed on the SOI.

Should a Purchaser desire to use an alternate or additional destination at any time during the performance period, the Purchaser will provide an updated SOI. Purchaser is 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 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.13 Contract Award:

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

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid per contract line item unless a determination is made to reject the bid under 41 CFR § 102-38.205.

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 AHB, you will receive a Statement indicating the amount of payment due. Submit payment within 10 business days of the Statement.

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

D.14 Post-Award Conference:

The Government shall conduct a post-award conference within 10 calendar days after award. 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 post award conference. 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 AHB.

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 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 for Sale:

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

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

E.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 Prepayment:

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 120 calendar days after the end of the performance period. The prepayment shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the prepayment, without interest, to Purchaser at the completion of the contract closure process. Section titled, “Contract Award” explains how the pre-payment is calculated and how it is to be paid.

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser shall have 45 business days to remove the material specified in this IFB. There are no options available. The SCO may extend the removal period for extenuating circumstances. No later than five (5) business days prior to the end of the removal period, a written request for extension must be received from the Purchaser detailing the circumstances for the delayed removal.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable federal, RCRA, DoT, 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 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.

H DISTRIBUTIONS/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 will be used as the invoice or billing document. If the total quantity tendered by the Government is less or more than the initial billed quantity, as identified in Section A.4, the Purchaser shall receive a bill or refund for the difference, calculated at the awarded unit price.

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 (2) or more credit card transactions.

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

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

H.4 Consequences of late or short payments:

If full payment is not received within 30 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717, Title 31 of the U.S. Code. After 30 calendar days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio, you will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 calendar days delinquent.

If full payment is not received within 90 calendar days from the date of the bill, we will transfer the debt to the Debt Management Office for collection, and an additional administrative charge of $50 will be assessed. They will continue the collection process and, if unsuccessful, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken:

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

The debt may be reported to a credit bureau.

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

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

You may inspect and/or request a copy of the records pertaining to this debt. If you believe the debt is invalid or the amount is incorrect, please contact us immediately. If you are financially unable to pay the full amount of the debt, you may request a written agreement to pay the debt in installments. Your request for an installment agreement should be in writing and supported by certified statements of income and financial position covering the last 12 months. The point of contact for this debt is the SCO listed in your award document.

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

The material is by SCL as weight in unit of issues (i.e., LB, TN, KG), by each location.

I.2 Material Referral:

The Government has sole discretion to determine when and what material shall be issued to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred by the Government as specified in the contract. The Purchaser is not required to take hazardous material or material that could pose a risk to national security, environmental or personnel safety or health issue such as mold and asbestos containing materials. Under no circumstances is culling for effecting partial or incremental removals authorized. The Agency reserves the right to sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.3 Classified Material:

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

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

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

I.5 Radioactive Property:

Performance of this contract does not require nor authorize the Purchaser to handle radioactive property. Despite the Government's best efforts, if the property activates a radiation detector alarm, the Purchaser shall promptly take all necessary actions to protect both personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.6 Hazardous Property:

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

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

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

I.8 Demilitarization Code Assignment:

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

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

At the Government’s discretion, certain items may be deemed unsafe for use as identified in a SOUM.