IFB_Pendleton-DML_A_SCRAP_IFB_33-9066.pdf

INVITATION FOR BID (IFB)

SCRAP SALE

IFB 33-9066

SEALED BID

TERM

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

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

Bid Opening Date November 7, 2019; XX:XX AM EST

Inspection Period Begins November 1, 2019; 10:00 AM Local

By appointment only.

DSD Pendleton

CA

Sales Contracting Officer (SCO) Thomas W. Marcum

Room 2-6-C2 E-mail: thomas.marcum@dla.mil

Phone: 269-961-5146 mailto:thomas.marcum@dla.mil

IFB 33-9066

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Contents

GENERAL STATEMENTS OF SALES CONTRACT

ITEM DESCRIPTION

TERMS AND CONDITIONS OF SALE

ADDITIONAL TERMS AND CONDITIONS OF SALE

ARTICLE ONE

Bid Evaluation and Contract Award

ARTICLE TWO

Parties to the Contract

ARTICLE THREE

Contract Financial Retention & Insurance and Bond Requirements

ARTICLE FOUR

Contract Performance

ARTICLE FIVE

Distributions/Payments

ARTICLE SIX

Product Pool, Material Referrals, Title Transfer, Returns and Material Breach

ARTICLE SEVEN

Compliance with Export Control Regulations

ARTICLE EIGHT

Purchaser Responsibilities

ARTICLE NINE

Government Furnished Equipment (GFE) & Purchaser Owned Equipment

ARTICLE TEN

Government Facilities

ARTICLE ELEVEN

Contract Compliance, Audits and Reviews

ARTICLE TWELVE

Disputes and Claims

ARTICLE THIRTEEN

Miscellaneous Provisions

ARTICLE FOURTEEN

Government Required Reports

ARTICLE FIFTEEN

Additional Contract Advisements

DEFINITIONS

ACRONYMS

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Additional Content

TABLES:

Table 1: Common Container Size Chart …………………….. Page 4 Table 2: Contract Line Item Number (CLIN) Details …….…. Page 8 Table 3: CLIN, Material, SCL, Descriptions ……………….. Page 8

ATTACHMENTS:

ATTACHMENT A: Sale By Reference pamphlet ATTACHMENT B: Facility Inspection Checklist ATTACHMENT C: Bid Sheet (SF114 and SF114A) ATTACHMENT D: Regional Map ATTACHMENT E: Schedules Workbook

USEFUL WEBSITES:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx DLA Auction Site: https://www.sales.dla.mil/dlab2b/init.do Federal Business Opportunities (FedBizOpps): https://www.fbo.gov/ Bureau of Industry and Security: https://www.bis.doc.gov/ U.S. Department of the Treasury: https://home.treasury.gov/

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

Commercial Scale Locator https://catscale.com/cat-scale-locator/ https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://www.fbo.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/

GENERAL STATEMENTS OF SALES CONTRACT

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general. The following General Statement of Public Sales Contract is not intended to be complete and does not take precedence over the specific terms and conditions of this public sales contract. The requirements for all matters discussed in the General Statement of Public Sales Contract are fully defined in the Terms and Conditions Section of this IFB. Any historical data provided in support of this IFB was derived using existing sources and is presented for general reference only.

1. Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering scrap for sale through this Term Sale Invitation for Bid (IFB). This IFB is offering DEMIL A scrap property and material for sale. The Bid Sheet (SF114 and SF114A), Attachment C, lists the specific location(s) and item(s) for sale. The Agency may also issue material from Receipt- In-Place (RIP) locations or other locations that are not located at an Agency facility.

2. The performance period of the contract resulting from the IFB shall consists of a 36-month base period, followed by two 12-month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract. In the event the extension is utilized, the SCO shall advise the contractor in writing 120 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. The entire length of the contract, if all option periods and extension are used, shall not exceed five years.

3. This IFB relates to scrap material that the Government has determined to be surplus to the needs of the Department of Defense (DOD) and the Federal Government. Scrap material is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit and function have been destroyed. The Agency does not accept rubbish, refuse or trash from its customers and this type of material shall not be issued under the contract. Scrap and salvage material issued under this contract shall be comprised of Demil code A property.

Expended Small Arms Cartridge Cases (ESACCs) is not included in this IFB.

4. Items in this sale are identified by Scrap Classification Codes (SCL) based on material content (see Item Description for a listing of all SCLs being offered). Availability of specific items at any particular location will vary and some items are not available at all locations. The Government has sole discretion to determine what material shall be sold to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred by the Government at the locations specified in this IFB, except for hazardous material. Under no circumstances is culling for effecting partial or incremental removals authorized. Items are offered with a guaranteed minimum quantity per SCL, throughout the performance period.

5. The Purchaser’s bid shall consist of an amount per pound specified in U.S. currency for each SCL listed on the Item Bid page (Attachment C). The minimum bid for each SCL item is $0.01000 per pound (bids amounts cannot exceed five decimal places) and the Bidder with the highest cumulative bid for all SCLs shall be considered the apparent high bidder for the sale.

Note: System generated documents will round to the nearest cent due to the two decimal place parameters. However, the system performs calculations using the actual bid amount up to five decimal places.

6. 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. The Agency does not represent, nor is it possible to identify all such risk factors. The prospective bidder is advised and cautioned to assess the following in addition to those risks identified elsewhere in this IFB:

The future volume, quality, condition, market value, mix (e.g., brass, aluminum, copper, ferrous metal) of the material cannot be predicted. Applicable statutes, regulations, policies and inter-service agreements govern whether the disposition of particular items of surplus is through the Agency or through other disposition methods. These changes will affect the volume and nature of the material referred for sale under this contract.

This is not a requirements contract requiring the delivery of all the Agency’s excess and surplus generations of a particular type of property at a location. The Agency is only obligated to sell the minimum quantities for each SCL in each location that is being offered for sale in the Item Description of the property and consistent within the terms that allow for the Adjustment for Variation in Quantity or Weight as set forth in the Sale by Reference (SBR) Part 4, Condition 5 and other terms elsewhere within this IFB, attachments and schedules.

Purchasers should exercise caution when incurring obligations based on an anticipated performance period as the performance period refers only to the amount of time the agency shall have to meet its commitments to provide the minimum quantities of scrap to the Purchaser. It does not confer any right to receive scrap throughout the performance period; instead, the Agency promises only to provide the minimum quantities subject to variations as authorized by SBR Part 4, Article 5.

7. 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. This also applies to subcontractor(s). All locations may have strict rules that may prohibit access to some individuals. To access our facilities, a bidder or their agent shall be required to obtain base access through the host installation. The local location will be able to provide information on how to obtain base access.

Unique Terms and Conditions for this Sale that require special attention from all Bidders

8. No Reimbursements: 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. At no time shall the Government pay the Purchaser to take material offered. This is not a service contract administered in accordance with the Federal Acquisition Regulations (FAR). This is a contract for the sale of scrap pursuant to provision in Title 40, US Code, Chapter 5. The Government is not responsible for any indirect 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.

Purchaser may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the location. Example: Pass and ID requirements, antiterrorist training, Environmental Management Systems (EMS) policies and/or equipment training.

9. Purchaser shall not be allowed to sell material at Agency Locations: All sales of material must occur after removal from the Agency’s location or RIP location. For property removed from Agency locations or RIP locations the Purchaser is not limited on the number of processing and storage locations, other than processing and storage locations must be within the region (see Attachment D) and a DLA Form 2536, Statement of Intent, must be on file for the location.

Exceptions to use processing and storage locations outside the region must be approved by the SCO in advance.

10. Purchaser use of sub-contractors: Purchaser may sub-contract with other entities to perform the special terms and conditions required for removal of scrap at Agency locations. All sub-contractors shall be approved by the government and shall comply with all terms and conditions of this IFB. Sub-contractors shall be vetted through the same process as the Purchaser as described throughout this IFB. Material may also be processed at sub-contractor facilities approved under the terms of this IFB. Failure of sub-contractors to perform the special terms and conditions required under this sale are grounds for default and shall result in termination if not cured. The Purchaser’s contract with the sub-contractor must include Sales by Reference, Part 5, Article C, subparagraphs a through c.

11. Containers (commonly referred to as Roll-offs, dumpster, bins, etc.):

The Purchaser shall be required to provide a covered container for each SCL at each location. Containers must be transportable with a lid in which scrap material is stored, transported, disposed of or otherwise handled. The containers shall be used to segregate and accumulate the specific SCLs as determined by the Agency. When a container is full, the Purchaser shall place an empty container of equal capacity and remove the full container from

Agency premises. Initial container requirement is one 30 cubic-yard Roll-off container at each pick-up location(s). After commencing performance under the contract, the Purchaser and Area Manager or Site Lead may agree to change the planograph for the scrap yard to accommodate smaller/larger or additional containers for specific SCLs. The Area Manager or Site Lead shall submit the planograph to the SCO for approval. If approved, an SF114D shall be signed by both Purchaser and SCO as mutually agreed and at no additional cost to the Government. Change in container size must not impede rate of removal or customer support. Containers must be covered.

Lids or other covers must be constructed of impermeable material to prevent collection of rainwater, snow or other foreign debris from accumulating inside the container. Lids or covers must be able to secure load during transport to prevent material from falling or flying out of the container.

Container size and quantity may vary based on SCL and the volume due to customer turn-in rates. Container size and quantity shall be of such capacity to accommodate an accumulation of 3-5 workdays’ and prevent scrap from accumulating on the ground.

Table 1: Common Container Size Chart Volume (in cubic yards) Exterior Dimensions (L*W*H) ft.

Weight Capacity in pounds (lbs.)

10 12 * 8 * 3.5 4,000 – 6,000 20 22 * 8 * 4 5,000 – 7,000 30 22 * 8 * 6 7,000 – 10,000 40 22 * 8 * 8 12,000 – 16,000

Containers not meeting safety requirements shall be refused for delivery to Government facilities.

12. Removal and Replacement of Containers: The Sales Point of Contact (SPOC) shall provide local oversight of the contract and provide written notice (use DLA Form 2535-1) to request removals of containers and other over-sized loads. Purchaser shall confirm, in writing via email to the SPOC and SCO, support for the requested removals. Purchaser shall provide for the pickup, removal and transportation of containers from the Agency’s locations to their designated facility as identified on the DLA Form 2536 Statement of Intent.

Property must be removed within three working days when written notification on DLA Form 2535-1 has been provided to the contractor via email by the location. Pickups must be scheduled to occur during the Government locations normal working hours. Special circumstances may arise where the Agency will allow certain property to remain at a Government facility after email notification for removal has been given; however, written authorization from the SCO for anything beyond the original three working days is required. The Purchaser will be charged storage charges for property not removed from a Government facility within three working days of the email notification, unless a prior approval has been granted by the SCO. Normally, approval will not exceed 30 days.

The Government will assess storage charges for all property not removed within three working days after written notification has been made to the contractor via email by location. Storage charges begin accrual on the fourth working day after written notification. Storage charges accrue at a rate of $0.05 (five cents) per hundred pounds, per day, until removed. Charges may be applied by the Government for any item not removed from Government premises within three working days after written notification on DLA Form 2535-1 is sent via email by location to the Purchaser. The Government may apply a minimum fee of $100 per day. Property left on Government premises longer than 60 business days will, at the Government’s sole discretion, revert to Government ownership and control without refund of any Purchaser monies received. The Agency will include such charges on the monthly Statement of Account and the cost for the storage will be the total responsibility of the Purchaser. Purchaser shall coordinate such access with the management of each facility. In addition, DOD customers may require additional storage space; therefore, property issued to Purchaser may be required to be relocated by the Purchaser and at the Purchaser’s expense.

13. Segregation and Sorting of Scrap by SCL at Agency Locations: Segregating and Sorting is defined as the process of identifying the material for its basic material content in accordance with SCLs available at a particular location. This determination is based on the weight of the predominate material of an item. Questionable items shall be determined in conjunction with Agency personnel and the Purchaser. Any unresolved issues shall be elevated to the SCO prior to removal of a container. Material shall be sorted by the SCL identified by the Agency personnel. Attempt to resolve any discrepancy locally whenever possible or elevate to the SCO for resolution. In either case, the matter will be recorded on an SF 364 Report of Discrepancy (ROD) and sent to the SCO.

Agency personnel shall segregate scrap based on SCL and place all scrap into the containers provided by the Purchaser. Oversize items (such as vehicles, commercial trailers, boilers, conex, etc.) are required to be loaded by the Purchaser or their authorized Agent. All weighing will be observed by both parties, on a Certified Scale, recorded on a DLA Form 1367 (filled out by Government personnel) and signed by both parties prior to release. Weight tickets will accompany the DLA Form 1367. This process will be completed in accordance with SBR Part 2 Paragraph 13. When miscellaneous debris and dunnage exceeds 20% of the total weight, indicate the difference on the DLA Form 1367. Submit the SF 364 ROD with the DLA Form 1367 for credit claim. For claims of excess dunnage and debris after removal from an Agency managed location, within 30 calendar days of removal, submit a SF 364 ROD with the DLA Form 1367 and photos of the entire load and the dunnage in the load.

Except for “oversized items,” all scrap property shall be maintained in containers and shall not be left stored on the ground or outside of containers overnight. Any irregularities, discrepancies or disagreement on the sorting and segregating of scrap that cannot be resolved at the local level must be elevated to the SCO prior to removal of a container.

Purchaser shall furnish all equipment, materials and services necessary to perform requirements for loading and removal of all scrap. Equipment must conform to the host installation, Federal, state and local standards for handling scrap and recyclable materials.

Containers not meeting safety requirements shall be refused for delivery to government facilities.

Purchaser furnished equipment; materials and services shall include, but are not limited to the following: containers, vehicles, material handling equipment (MHE) and spill response supplies.

14. Government Facilities: Purchaser must maintain all Government facilities and equipment, made available for its use, in accordance with host installation, DLA Policies, Federal, state and local regulations. The Agency shall conduct inspections (example inspection form is provided in Attachment B to this IFB) of its facilities and equipment. These inspections include checks for safety and housekeeping. Purchaser shall correct deficiencies identified by the Agency in their operational area immediately if possible but no later than 30 calendar days from the date of inspection.

15. Purchaser Staffing: Purchaser shall staff at a level sufficient to accomplish all requirements in the resulting contract terms and conditions.

16. Use of Government Furnished Equipment (Material Handling Equipment (MHE)): The Purchaser may not utilize available government owned MHE. The Purchaser may use and store its own MHE in the Scrap Yard when authorized by the site lead or Area Manager. Specific terms and conditions for MHE are in Article Nine.

17. Other Information: Additional information, definitions, requirements and special conditions of sale are set forth below in this IFB and in the Agency’s pamphlet (Attachment B) entitled Sale by Reference - Instructions, Terms and Conditions Applicable to Department of Defense Personal Material Offered for Sale by DLA Disposition Services, July 2012” (hereinafter, Sale by Reference or SBR).

18. Scrap Warranty and Exemptions from the scrapping requirement: The Purchaser accepts that this property is being purchased as DEMIL A scrap and shall ensure scrapping is accomplished in a manner that renders the property useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit, and function have been destroyed. The requirement for scrapping or further processing does not apply to items specifically exempted in the contract. A DD Form 1639 (Scrap Warranty) will be issued to the Purchaser’s representative removing scrap at each site at the time of weighing. The DD Form 1639 will detail the applicable property being purchased via the sales contract and the Purchaser’s responsibility under the warranty, specifically:

(1) The property covered by this agreement will be used only as scrap, either in its existing condition or after further preparation, unless and until the undersigned is released from this warranty.

(2) In the event the undersigned is released from this warranty, any payment agreed on as consideration for such release shall be made to the United States regardless of whether this warranty shall have been executed at the request of the United States.

(3) In the event the undersigned sells the property covered by this agreement prior to release of this warranty, the undersigned will obtain from the Purchaser and tender to the United States a warranty identical to this executed by the Purchaser, and upon receipt of such other warranty this warranty will be released by the United States.

(4) All obligations of the undersigned under this warranty shall expire five years from the date hereof.

The Purchaser’s representative shall sign and return the DD Form 1639 prior to the property being released. Following submission of the DD Form 1639, title for property being purchased as scrap will transfer at the time of removal in accordance with Sales by Reference Part 2 Article 7. Failure to abide by the terms and conditions of this article and the DD Form 1639 Scrap Warranty constitutes a material breach of the sales contract terms, and may result in a sales contract default as described in Sales by Reference Part 2, Article 9 (Default). The Government reserves the right to take further action as allowable and appropriate to remedy non-compliance with the DD Form 1639 Scrap Warranty. The Government may, at their discretion, conduct compliance reviews to ensure that scrapping is being accomplished in accordance with the sales contract and Sales by Reference Part 6, Article G.

ITEM DESCRIPTION

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and have no additional restrictions by this Agency. The scrap material issued under this contract shall be assigned a Demil Code of A and will be categorized into the SCLs listed below. At the earliest opportunity or over the duration of the performance period the Government guarantees to issue the Purchaser a minimum total weight equal to the Total QTY identified per SCL specified below subject to variations as authorized by SBR Part 4, Article 5.

Table 2: Contract Line Item Number (CLIN) Details

State Site Plant Region ITEM # Material Total QTY

CA Pendleton JSYX West 1 DS000C1AA 797,071 lbs.

CA Pendleton JSYX West 2 DS000D1DA 27,859 lbs.

CA Pendleton JSYX West 3 DS000D4LA 6,500 lbs.

CA Pendleton JSYX West 4 DS000D5AA 495,857 lbs.

CA Pendleton JSYX West 5 DS000E1KA 668,348 lbs.

CA Pendleton JSYX West 6 DS000E1LA 2,485,458 lbs.

CA Pendleton JSYX West 7 DS000F01A 35,622 lbs.

CA Pendleton JSYX West 8 DS000G05A 14,858 lbs.

CA Pendleton JSYX West 9 DS000H08A 397,142 lbs.

Table 3: CLIN, Material, SCL, Descriptions

CLIN MATERIAL SCL Description 1 DS000C1AA C1A Textile scrap, miscellaneous

2 DS000D1DA

D1D

Irony aluminum. Segregate from normal generations of wrecked aircraft aluminum because of aluminum recovery. Consists of solids generated from obsolete or rejected parts, components, or accessories from which all non-aluminum parts have not been removed, and borings and turnings containing excessive oil and other foreign materials. Large quantities of borings and turnings should be segregated.

3 DS000D4LA D4L Transformers, scrap 4 DS000D5AA D5A Vehicle, industrial and submarine batteries (lead-acid type) 5 DS000E1KA E1K Unprepared light melting steel suitable for compression into No. 2 bundles

6 DS000E1LA

E1L

Iron and steel scrap, mixed w/foreign attachments, highly enameled stock, coated paint cans, tin cans, borings and turnings highly corroded, dirty and containing excessive oil and other inferior grades of metal prohibitive to other classifications

7 DS000F01A F01 Wood scrap 8 DS000G05A G05 Rubber scrap not otherwise classifiable 9 DS000H08A H08 All plastics, including sonobouy containers

Notes:

Hours of Operation: Monday-Friday 8:00AM-2:00PM excluding Federal Holidays.

Container(s) shall be in place within five calendar days after Post-Award conference.

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

Pick up locations:

1. DLA Disposition Services Pendleton 1000 Stehem Road Bldg 471 South Port Hueneme, CA 93043 POC: Eric Viramontes Merino, (619) 361-6227, eric.viramontes-merino@dla.mil

Refer to “Schedule F-1 RIP” for additional pickup locations.

TERMS AND CONDITIONS OF SALE

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 Personal Property Offered for Sale by DLA Disposition Services”, published July 2012, are hereby incorporated by reference and become a part of this IFB/Auction and any contract resulting from acceptance of a bid submitted pursuant to this IFB/auction as fully as though such instructions, terms and conditions had been specifically set forth herein:

SALE BY REFERENCE PART 1: General Information and Instructions: All conditions apply except: paragraph 5.

SALE BY REFERENCE PART 2: Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 13(c), 19, 28 and 34.

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

SALE BY REFERENCE PART 3: Sale of Government Property Special Sealed Bid Conditions: All conditions apply. Read and understand Article E: ALL-OR-NONE BID.

SALE BY REFERENCE PART 4: Sale of Government Property Special Sealed - Term Conditions: All conditions apply except: 2.

SALE BY REFERENCE PART 5: Additional Special Circumstance Conditions - Miscellaneous: All articles apply except: Article G.

Article A Scrap Warranty is amended in Article Six, Section 1, Paragraph J of this IFB.

Article D is modified in Article Three of this IFB.

SALE BY REFERENCE PART 6: Additional Special Circumstance Conditions - Demilitarization and Mutilation:

Does not apply.

SALE BY REFERENCE PART 7: Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply.

SALE BY REFERENCE PART 8: Additional Special Circumstance Conditions - Foreign Excess Personal Property: Does not apply.

SALE BY REFERENCE PART 9: Special Spot Bid Conditions of Sale of Government Property: Does not apply.

SALE BY REFERENCE PART 10: Sale of Government Property Special Auction Conditions: Does not apply.

ADDITIONAL TERMS AND CONDITIONS OF SALE

The following Articles (not part of the Sale By Reference, July 2012) apply and constitute specific terms and conditions of this sale:

ARTICLE ONE

Bid Evaluation and Contract Award

Section 1 – Bidding Process: The Purchaser’s bid shall consist of an amount per pound specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in US currency specified by the bidder, per pound. The Government expects the Purchaser to perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

(A) How to bid: Bidders shall use the SF114 and SF114A documents provided in this IFB’s Attachment C to submit a hand-delivered or faxed bid. Refer to Bid Worksheet (SF114A Local Reproduction) Schedule H. Bidder shall enter bid as price per pound not to exceed five decimal places (example 0.01005). Minimum bid is .01000 per pound.

Multiply your bid price by the quantity specified for extended bid amount.

(B) Where to submit bid: Do not email bids or call in bids directly to the SCO.

Mailed or Hand-Delivered bids shall consist of an SF114 and SF114A provided in Attachment C.

Bids may be submitted via:

1. Facsimile (FAX) to 269-961-7568

2. Email to DRMSSALESBIDS@DLA.MIL

3. Hand Carried by Bidder

4. Hand Carried by United States Postal Service,

5. Hand Carried by Express Carriers (FEDEX, UPS, DHL, or other courier services), Address hand-carried bids to:

DLA Disposition Services ATTN: Bid Room - IFB 33-9066 74 N. Washington Avenue Battle Creek, MI 49037

(C) A responsive bid submission shall contain at a minimum:

1. SF114 (or equivalent information) completed and signed

2. SF114A (or equivalent information) as provided in Attachment C

(D) When to send bid: Bids must be in the possession of the Agency’s Public Sales Contracting Division by the bid opening date and time specified in the auction. If the bid is not submitted on time, it shall be considered non-responsive.

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

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

(F) Bid Acceptance Period: The bid must remain valid 90 calendar days from the bid opening unless otherwise modified or cancelled.

Section 2 – Bid Evaluation: A responsive bidder is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that is able to pass the vetting process and is determined through the screening process to be an eligible transferee.

Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government.

Section 3 – Ineligible Bidder: Bidder will not be eligible for award if they are:

a. Excluded from Federal programs by the General Services Administration as identified in the System for Award Management at https://www.sam.gov/portal/public/SAM/.

b. 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 websites:

1. DOS DDTC Debarred Parties Website at http://www.pmddtc.state.gov/compliance/debar_intro.html;

2. DOS DDTC Embargoed Countries Website http://www.pmddtc.state.gov/embargoed_countries/index.html

3. DOC Denied Persons List Website at http://www.bis.doc.gov/dpl/thedeniallist.asp and DOC Unverified List Website at http://www.bis.doc.gov/enforcement/unverifiedlist/unverified_parties.

html

4. USTD Specially Designated Nationals List Website at http://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx which includes designated narcotics traffickers and designated terrorists, USTD Sanctions Program Website at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx

Section 4 – Pre-Award Survey: After bid opening and prior to award, the Government will conduct a Pre-Award survey of the apparent high bidder. The apparent high bidder will be required to submit a completed and signed DLA Form 2536 Statement of Intent (SOI) Completed (Parts 1-6). The Purchaser shall be required to provide detailed information on every storage location the Purchaser intends to use within the region. The Pre-Award survey may be conducted at the Purchaser’s facility(ies) or other location(s) as deemed necessary by the Government and may include but is not limited to a review of Purchaser’s facilities and equipment, financial capability or disclosure of a Purchaser’s financial condition, quality assurance, safety, environmental responsibility and transportation. Bidders shall cooperate in the Pre-Award process by assisting in arrangements and/or by providing requested information in a timely manner. Bidders are advised that accomplishment of a Pre-Award survey or furnishing documents to the Government in support of the Pre-Award survey is part of the evaluation of the responsibility process and is not a guarantee the bidder will receive award of a contract.

Pre-Award Survey may include but is not limited to the following:

1. The Purchaser’s Facility shall pass an inspection by Agency personnel prior to contact award. (See Facility Inspection Checklist in Attachment B)

2. Environmental Responsibility Determination (ERD)

3. Licenses, Permits, Certifications reviews

4. Prior to the award of a contract, the SCO or his authorized representative shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a subcontractor) to perform the work specified in this contract and is capable of complying with the applicable Federal, State and local laws, ordinances and regulations.

Section 5 – Contract Award: The SCO shall determine if each bid is responsive and responsible prior to award of the contract. The contract shall be awarded to the highest responsive, responsible bidder. In the event of a termination of the original Purchaser within 120 calendar days of the date of bid opening, 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, price and other factors considered.

Section 6 – 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.

ARTICLE TWO

Parties to the Contract

Section 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.

Section 2 – Transfer and Hypothecation:

(A) 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.

(B) 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.

Section 3 – Contract of Sale:

(A) 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.

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

Section 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.

Section 5 – Authority of Sales Point of Contact (SPOC): The SPOC acts as the eyes and ears of the SCO. 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.

(A) The Sales POC (SPOC) has the responsibility to:

1. Be familiar with, and understand all Public Sales contracts terms and condition, and all Operational Standard Operating Procedures (oSOP) pertaining to Public Sales.

2. Coordinate the submission of all supporting documentation needed to support auditability of the contract, and the Public Sales Contracting team.

3. Maintain liaison and direct communications with the Purchaser’s representative.

4. Advise the SCO on contractual matters of a technical nature.

5. Inform the SCO as to the status and progress of performance of the Purchaser representative at your location on a weekly basis.

6. Alert the SCO to any potential or existing problems.

7. Maintain a file of all correspondence (or data) initiated or received in connection with subject contract.

8. Seek guidance from the SCO for specific situations not covered in this designation.

9. Ensure administration of government furnished property and equipment.

10. Report through normal administrative channels to Agency Inspector General (IG) and to the SCO any evidence of Purchaser or subcontractor kickback, attempt to bribe, or other fraudulent behavior.

(B) The SPOC will not:

1. Make or give the appearance of being able to make contractual commitments outside the scope of the contract, or execute or agree to modifications, or take actions that would commit the Government to a change in contract scope, price, quality, quantity, or delivery schedule.

2. Sign any changes or modifications to contracts.

3. Make determinations regarding issues of Purchaser liability that may arise during contract performance. Refer such issues to the SCO.

4. Direct the Purchaser on how to perform the work.

5. Issue stop-work orders.

6. Supervise Purchaser employees implicitly or explicitly which could constitute personal services.

ARTICLE THREE

Contract Financial Retention & Insurance and Bond

Requirements Section 1 – Payment Deposit: Within ten calendar days of contract award, Purchaser shall provide the Agency a payment deposit in the amount equal to 20% of the total extended bid value. The payment deposit 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.

The Agency shall retain the payment deposit until the completion of the contract closure period, no later than 120 days after the end of the performance period. The payment deposit 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 payment deposit, without interest, to Purchaser at the completion of the contract closure process.

Section 2 – Insurance and Bond Contract Requirements: Purchaser shall obtain and maintain the following insurance and bond requirements throughout the performance and wind-down period:

(A) Modification of Special Circumstance Conditions: Sale by Reference (SBR) Part 5 - Additional Special Circumstance Conditions – Miscellaneous (DRMS Form 86, Oct 93), Article D, Liability and Insurance, paragraphs (a)(2) and (a)(3) is modified as follows:

1. Bodily Injury Insurance in an amount of not less than $250,000 any one individual and $1,000,000 for any one accident or occurrence.

2. Material Damage Liability Insurance in the amount of $250,000 (which shall include any and all material whether or not in the care, custody or control of Purchaser). The annual coverage shall be not less than one million dollars $1,000,000.

(B) Further Modifications: Sale by Reference Part 5, Article D, paragraph

(a) is also amended as follows:

1. All risk coverage for fire and other material perils for all material owned by Purchaser with aggregate coverage of $5,000,000.

2. Umbrella liability coverage not less than $2,000,000.

3. Fidelity or blanket bond coverage for $5,000,000. Purchaser shall obtain and maintain such coverage with a responsible surety company with respect to all of Purchaser's employees, officers and directors to protect Purchaser against losses, including, without limitation, those arising from theft, embezzlement, fraud, or misplacement of funds, money, or documents. The issuer, policy terms, forms, and amounts of coverage, including applicable deductibles, shall be satisfactory to the Agency, and the policy shall include a provision that the issuer shall notify the Agency in writing within five business days of the cancellation or termination of any such coverage or of any modification of such coverage. Purchaser shall notify the Agency in writing within five business days after filing a claim under such coverage.

4. Comprehensive general liability, automobile liability, umbrella liability, Worker’s compensation and other insurance coverage as may be required by law. At its option, Purchaser may obtain and maintain such additional insurance, including directors and officers coverage and errors and omissions coverage, as Purchaser deems appropriate.

(C) Evidence of Insurance: Within 10 calendar days from the date of award, Purchaser shall provide the SCO copies of policies, certificates of insurance or other proof evidencing the coverage required. Purchaser shall obtain the minimum coverage specified unless the Agency approves a variance from such minimum coverage.

ARTICLE FOUR

Contract Performance

Section 1 – Performance Period: The performance period of the contract resulting from the IFB shall consists of a 36-month base period, followed by two 12-month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract.

In the event the extension is utilized, the SCO shall advise the contractor in writing 120 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. The entire length of the contract, if all option periods and extension are used, shall not exceed five years.

Section 2 – Termination for Convenience of the Government: The Government may terminate performance of work under this contract in whole or, from time to time, in part if the SCO determines that a termination is in the Government’s interest. The SCO shall terminate by delivering to the Purchaser a Notice of Termination specifying the extent of termination and the effective date.

After receipt of a Notice of Termination, and except as directed by the SCO, the

Purchaser shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause:

(A) Stop work as specified in the notice.

(B) Unless otherwise directed by the SCO, place no further subcontracts.

(C) Terminate all subcontracts to the extent they relate to the work terminated.

(D) Coordinate with the SCO the return of any material issued to the Purchaser to the Government in which title has not transferred.

(E) With approval or ratification to the extent required by the SCO, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts.

(F) Take any action that may be necessary, or that the SCO may direct, for the protection and preservation of the material related to this contract that is under title and/or in the possession of the Purchaser in which the Government has or may acquire an interest until surrendered to the Government or its agent. The Purchaser and SCO shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be a dispute under the Disputes clause.

The Purchaser shall submit a complete termination inventory list, by location, containing SCL, description and quantity no later than 30 calendar days from the effective date of termination unless extended in writing by the SCO, upon written request of the Purchaser, during this 30 calendar day period. The Government will review the inventory list within 14 calendar days. The Purchaser shall receive an approved list of items of which they can retain title. The retention of title of these items shall be by mutual agreement. Purchaser shall submit a substantiated Request for Equitable Adjustment (REA) for any expense incurred outside the scope of this contract. Projected lost revenue and expenses incurred for normal execution of the terms and conditions specified within this contract are not reimbursable. The cost principles and procedures of Part 31 of the FAR, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause.

If the Purchaser and the SCO fail to agree on the amount that may have been determined due to the Purchaser by the Government, due to the termination of the public sales contract, the Government will pay the Purchaser the amounts determined by the SCO within the specified time. Any amount due to be paid by the Purchaser and not paid within the specified time period shall be charged interest fees based on the rate determined by the Secretary of Treasury.

The Purchaser shall have the right of appeal, under the Disputes clause (see SBR Part

2, paragraph 33 as referenced above), from any determination made by the SCO, except that if the Purchaser failed to submit the termination settlement proposal or a request for equitable adjustment within the time provided.

The following shall be deducted from any amount due the Purchaser under this clause:

(1) Any claim which the Government has against the Purchaser under this contract; and

(2) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Purchaser or sold under the provisions of this clause and not recovered by or credited to the Government.

If contract is partially terminated, this clause has the same full effect.

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

Section 3 – Purchaser Early Cancellation Notice: If the Purchaser elects to terminate prior to the term of this contract the Purchaser shall provide the Government a notice to terminate and shall continue the terms of the contract for 30 calendar days following the termination to include the closeout process.

ARTICLE FIVE

Distributions/Payments

Section 1 - The Billing Cycle: Transactions from the 25th of the current month to the 24th of the following month will be invoiced for the billing cycle.

Section 2 - Types of Acceptable Payments: All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency.