IFB 33-2027 Pearl Harbor ESAAC.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

EXPENDED SMALL ARMS CARTRIDGE CASING (ESACC) SALE

IFB 33-2027

SEALED BID

One-Time

AT

DLA Disposition Services Pearl Harbor, HI

Offer Closing Date/Time: April 15, 2022, 1:00 p.m., EST, Battle Creek, Michigan, USA

Inspection Period Begins April 4, 2022, 9:00 a.m. HST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.Rogers@dla.mil

PHONE: 269-961-5015

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

Battle Creek, Michigan 49037-3092

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Item Description:

A.3 Table 1: IFB Item Number Details:

A.4 Packing:

A.5 Removal:

A.6 Inspection:

A.7 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 How to Bid:

D.3 Where to Submit Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Acceptance Period:

D.8 Bid Evaluation:

D.9 Ineligible Bidder:

D.10 Pre-Award Survey:

D.10.1 Pre-Award Survey May Include but is Not Limited to the Following:

D.10.2 Environmental Responsibility Determination (ERD):

D.10.3 Alternate or Additional Destination:

D.11 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.12 Contract Award:

D.13 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 Payment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Right to Appeal:

G.5 Records:

H DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

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

BREACH

I.1 Product Pool:

I.2 Classified Material:

I.3 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.4 Radioactive Property:

I.5 Hazardous Property:

I.6 Scrap Warranty and Exemptions from the scrapping requirement:

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 Material Breach:

I.14 Response to Notice:

I.15 Termination:

I.16 Agency Remedies for Material Breach by Purchaser:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Letter of Authorization (LOA):

K.4 Purchaser Awareness of the Agency’s Environmental Management System (EMS):

K.5 Purchaser shall not be allowed to sell material at Agency locations:

K.6 Purchaser use of sub-contractors:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Government Furnished Equipment (GFE) & Purchaser Owned:

M GOVERNMENT FACILITIES

M.1 Physical Security:

M.2 Key Control:

N CONTRACT COMPLIANCE, AUDITS AND REVIEWS

N.1 Compliance with Applicable Laws and Regulations:

N.2 Licenses and Permits:

N.3 Duties of Care and Loyalty:

N.4 Prohibited Activities:

N.5 Purchaser’s Cooperation is Investigations/Audits/Compliance Reviews:

N.6 Purchaser’s Responsibility for Independent Audit at Government’s Request:

N.7 Purchaser Record Retention:

N.8 Records Maintenance:

N.9 Inspection of Records and Workplace by Government:

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

N.11 Methods and Procedures for Compliance Reviews:

N.12 Further Reviews:

N.13 Compliance Notification:

N.14 Costs of Oversight:

N.15 Notice of Audit Adjustment:

N.16 Procedures for Adjudication of Audit Adjustments:

N.17 Remedies for Audit Adjustments:

N.18 Contracts with Third Parties:

O DISPUTES AND CLAIMS

O.1 Disputes:

O.2 Alternative Dispute Resolution (ADR):

P MISCELLANEOUS PROVISIONS

P.1 Binding Effect:

P.2 Notices:

P.3 Severability:

P.4 Headings:

P.5 Survival:

P.6 Waiver:

P.7 Force Majeure:

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

P.9 Tense and Gender:

P.10 Entire Agreement and Modification:

P.11 Computation of Time:

P.12 Electronic Communication:

P.13 No Reimbursements:

P.14 Market, Resale and/or Export:

Q GOVERNMENT REQUIRED REPORTS

Q.1 Government Use of Purchaser Reported Information:

Q.2 Contract Performance Report (DLA 2533):

R ADDITIONAL CONTRACT ADVISEMENTS

R.1 Public Law Pertaining to Location Operations:

R.2 Public Law Pertaining to Material:

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

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

R.5 Refrigerant:

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

R.7 End Use Certificate (EUC) DLA Form 1822 Disposition and Use of Property:

S DEFINITIONS

T ACRONYMS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a one-time sales contract for Expended Small Arms Cartridge Casings (ESACC) through this Invitation for Bid (IFB). ESACC is available at Pearl Harbor, HI.

A.1 Base Access Requirements:

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

A.2 Item Description:

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383-124 Stat. 4191; 10 U.S.C. 2576) require the Department of Defense to make ESACC available for commercial sale.

ESACC are defined as cartridge cases from small arms ammunition (i.e., ammunition without projectiles that contain explosives (other than tracers), that is .50 caliber or smaller, or for shotguns) used in live-fire training or testing and collected after use during operations. ESACC is also referred to as "fired cartridge cases," or simply, “brass cartridges.”

There is no guarantee that every cartridge will be suitable for reloading. All cartridges are sold as-is/where-is and refunds will not be made for cartridges that cannot be reloaded. The cartridges can reloaded or recycled/mutilated for material content. ***Mutilation required if the cartridges are not used for reloading.***

Over the duration of the base period the Government guarantees to issue the Purchaser a minimum total weight equal to the “Total QTY (LBS.)” identified per SCL listed in Table 1, as subject to variations authorized by SBR Part 2, Article 12.

ESACC are a Commerce Control List Items (DEMIL Code Q6) and subject to DoD Trade Security Controls, as outlined in DoDI 2030.08, "Implementation of Trade Security Controls (TSC) for Transfers of DoD U.S. Munitions List (USML) and Commerce Control List (CCL) Personal Property to Parties outside DoD Control."

PURCHASERS ARE CAUTIONED THAT ARTICLES OR SUBSTANCES OF A DANGEROUS NATURE MAY

REMAIN IN THE PROPERTY REGARDLESS OF THE CARE EXERCISED TO REMOVE SAME. THE

GOVERNMENT ASSUMES NO LIABILITY FOR DAMAGES TO PROPERTY OF THE PURCHASER OR FOR

PERSONAL INJURY, DISABILITY OR DEATH OF THE PURCHASER, ITS EMPLOYEES OR TO ANY OTHER

PERSON ARISING FROM OR AFFILIATED WITH THE PURCHASE, USE OR DISPOSITIONS OF THIS

MATERIAL. THE PURCHASER SHALL HOLD THE GOVERNMENT HARMLESS FROM ANY AND ALL

SUCH DEMANDS, SUITS, ACTIONS, OR CLAIMS ARISING FROM OR OTHERWISE RELATING TO THE

PURCHASE OF THIS MATERIAL.

A.3 Table 1: IFB Item Number Details:

Site Item Material Desc.

Total

QTY

(lbs.)

Minimum Guaranteed

QTY

(LBS.)

Maximum Allowed

QTY

(LBS.)

PEARL HARBOR 1 DS000D45B .45

CAL

10 7.5 12.5

PEARL HARBOR 2 DS000D5MB 5.56

MM

3,509 2,631.75 4,386.25

PEARL HARBOR 3 DS000D7MB 7.62

2,204 1,653 2,755

PEARL HARBOR 4 DS000D9MB 9.00

8,744 6,558 10,930

A.4 Packing:

Property packaged in various containers with various dimensions (i.e., Drums, Triwall, Wooden Crates).

A.5 Removal:

Monday-Friday 7:30AM-2:00PM HST excluding federally recognized holidays.

A.6 Inspection:

Monday-Friday 7:00AM-1:00PM HST excluding federally recognized holidays.

Cartridge containers are sealed and cannot opened for 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 and sampling for the purposes of bidding on this IFB. If the State or local community has “shelter in place” or “stay at home” orders in place for COVID -19, bidders are authorized to travel as part of the Defense Industrial Base, Essential Critical Infrastructure Workforce for the purpose inspecting property prior to bid opening. The awardee of this sale will also be authorized to perform the conditions of this sale as part of the Defense Industrial Base, Essential Critical Infrastructure Workforce. The SCO can provide letters of confirmation to any bidder to confirm status under Defense Industrial Base, Essential Critical Infrastructure Workforce guidance. Bidders should also be advised that both military installations and Disposition Service sites will be taking additional precautions for entry due to COVID-19. Bidders should contact the POC at least 48 hours before seeking entry to a military installation or Disposition Site in order to be informed on entry requirements.

Primary POC: Jeffrey Hallauer Phone: 808-786-2172, Email: jeffrey.hallauer@dla.mil Alternate POC: Eduardo Ornelas Phone: 808-786-2064, Email: eduardo.ornelas@dla.mil

A.7 Loading:

Monday-Friday 7:00AM-1:00PM HST excluding federally recognized holidays. Government will load purchaser provided conveyance. Buyer is responsible for tie-down property on buyer's provided conveyance.

Primary POC: Jeffrey Hallauer Phone: 808-786-2172, Email: jeffrey.hallauer@dla.mil Alternate POC: Eduardo Ornelas Phone: 808-786-2064, Email: eduardo.ornelas@dla.mil

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

mailto:jeffrey.hallauer@dla.mil mailto:eduardo.ornelas@dla.mil mailto:jeffrey.hallauer@dla.mil mailto:eduardo.ornelas@dla.mil

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to apparent high bidder as part of the pre-award process.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in 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 & 12.

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 13(c), 19, 28, 29 & 34.

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

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

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except: A, E, G, H & L.

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

C.6 SBR Part 6:

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

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

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, U, V, W, X & Y.

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

The 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.

All prospective bidders understand that Disposition Services is awarding this contract during a nationally declared emergency during the COVID-19 pandemic and the general circumstances that exists within the United States in reference to the COVID-19 pandemic.

The Government expects the Purchaser to perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act or omission of factors) of expenses related to performance under this contract. The measure of the Government’s liability, in any case where liability of the Government to the Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received.

D.2 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 five decimal places (example 0.01005). Minimum bid is .01000 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 bidder awarded this contract will be awarded all Contract Line Items Numbers (CLINs) or none of the Items.

Bidders must place a bid on each individual Item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each Item upon removal based on weight.

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

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

For illustrative purposes, if the four items advertised for sale in the IFB are in pounds, CLIN 1- 500,000 lbs., CLIN 2- 1,000,000 lbs., CLIN 3- 2,500,000 lbs., and CLIN 4- 150,000. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.02, CLIN 3- $0.02, CLIN 4 $0.20. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN.

Example 2 shows Bidder A’s “Total Amount” equals $150,000 for all CLINs awarded.

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

D.3 Where to Submit Bid:

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

Bids shall be submitted via email only to: DRMSSALESBIDS@DLA.MIL

D.4 A Responsive Bid:

Complies with the terms and conditions of the sales offering and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award. A responsive bid submission shall contain at a minimum:

mailto:DRMSSALESBIDS@DLA.MIL

• SF114 completed and signed.

• SF114A

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive.

D.6 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).

D.7 Bid Acceptance Period:

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

D.8 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, and has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee). 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. The general standards in FAR Part 9 on Purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

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

D.9 Ineligible Bidder:

Bidder will not be eligible for award if they are:

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

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

D.10 Pre-Award Survey:

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

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

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

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

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

D.10.1 Pre-Award Survey May Include but is Not Limited to the Following:

When determined by the SCO, the Purchaser’s facility shall pass an inspection by Agency personnel prior to contact award.

A Trade Security Control Office Assessment will be made by Government (OIG) personnel. The SCO will provide highest apparent bidder with DLA EUC Form 1822. The form must be fully completed and returned within three (3) business days, or the bid may be rejected. Requests for extensions in completing the EUC must be brought to the attention of SCO before expiration of the three days.

D.10.2 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services will conduct an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. All downstream facilities receiving Government property to be processes shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed.

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

D.10.3 Alternate or Additional Destination:

Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchaser is not authorized to use a facility that has not been through the ERD process.

D.11 Necessary Licenses, Permits and Certifications Shall be Reviewed:

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 sub-contractor) to perform the work specified in this contract and is capable of complying with the applicable Federal, state and local laws, ordinances and regulations.

If at any point the SCO determines the bidder that submitted the apparent high, responsive bid cannot be found responsible, the next highest bidder will be assessed in the same pre-award survey process. This same process of vetting the next highest responsive bidder may continue, at the sole discretion of the Sales Contracting Officer, until a responsive bidder is identified and is determined to be responsible.

D.12 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 bid. 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, 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 had an estimated total weight of 100 pounds and Bidder A submits a bid for $.10 per pound for a total extended bid amount of $10 ($.10 times 100) and Bidder B submits a bid for $.11 per pound for a total extended bid amount of $11 ($.11 times 100), then Bidder B is the apparent high bidder.

When you have successfully completed the pre-award assessment as the apparent high bidder, you will receive a Statement indicating the amount of prepayment due. Submit payment within three business days of the Statement.

When payment is posted and confirmed by the SCO; and all other vetting has been completed, the official signed Notice of Award will be sent to the Purchaser. At this time property is authorized for release. Purchaser shall have 30 calendar days from this official notification to become fully mission capable.

D.13 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.

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 of Sale:

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

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

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

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to the Agency from the Purchaser shall be deemed invalid unless addressed to the SCO.

Communications from the Purchaser to anyone other than an SCO shall not be deemed received by the Agency.

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Payment:

Within three business days of contract award, Purchaser shall provide the Agency a payment in the amount specified on the Notice of Award. The payment shall be in the form of a guaranteed instrument (cashier’s or certified check), Electronic Funds Transfer (EFT), or via wire payment. Payment options and instructions will be provided to the apparent high Bidder with the Notice of Award. This is a one-time sale full payment must be received before the removal of any property.

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser shall have 30 calendar days to remove the material specified in this IFB. There are no extension options available. The SCO may extend the removal period for extenuating circumstances. Prior to the end of the removal period, a written request for extension must be received from the Purchaser detailing the circumstances that delayed removal.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Federal, state, local codes and DoD regulations pertaining to the health and safety of personnel and environmental management during the execution and loading operations. All work shall be completed and performed IAW the best practices of the trade and in compliance with all- applicable Federal, state, local codes and IAW regulations.

Anticipated Regulatory Changes: Performance under any contract resulting from this solicitation must be in compliance with 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 thereto for which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

G.3 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a Government representative. All Bidders/Purchasers are advised that they must comply with all applicable Federal, state and local laws, ordinances, regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.4 Right to Appeal:

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:

Any claim which the Government has against the Purchaser under this contract; and 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.

G.5 Records:

Unless otherwise provided in this contract or by statute, the Purchaser shall maintain all records and documents relating to the terminated portion of this contract for six years after final settlement. This includes all books and other evidence bearing on the Purchaser’s costs and expenses under this contract. The Purchaser shall make these records and documents available to the Government, at the Purchaser’s office during normal business hours without charge.

Records and documents may be digitally scanned for electronic storage at no cost to the Government.

H 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 is the only invoice or billing document.

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency.

Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), cashier’s check, certified check, travelers check, bank draft, money order or credit card (Master Card, Visa, Discover Card, and/or American Express).

Make checks payable to the U.S. Treasury are acceptable. When using a credit card method of payment, the credit card number, credit card security code (3-or 4-digit code on the back of the card), name as printed on the credit card, and the expiration date shall be provided. The U.S. Treasury limits all credit card transaction to $24,999.99.

Transactions greater than $24,999.99 cannot be split into two or more credit card transactions. Bidders whose payment is accompanied by a letter of credit or who have on file an approved bid bond (SF 24 or SF 34) may make their payments by uncertified personal or company checks, but only up to an amount equal to the penal sum of their bond or the amount of their letter of credit.

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

DLA Disposition Services ATTN: Cashier 74 N. Washington St.

Battle Creek, MI 49037

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 Should Purchaser need to make a payment for less than $1.00, the website credit card payment method cannot be used.

Instead, Purchaser will be required to complete the manual credit card form and fax it to (269) 961-7230.

H.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.

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS

AND MATERIAL BREACH

I.1 Product Pool:

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383-124 Stat. 4191; 10 U.S.C. 2576) require the Department of Defense to make ESACC available for commercial sale.

ESACC are defined as cartridge cases from small arms ammunition (i.e., ammunition without projectiles that contain explosives (other than tracers), that is .50 caliber or smaller, or for shotguns) used in live-fire training or testing and collected after use during operations. ESACC is also referred to as "fired cartridge cases," or simply, “brass cartridges.”

There is no guarantee that every cartridge will be suitable for reloading. All cartridges are sold as-is/where-is and refunds will not be made for cartridges that cannot be reloaded.

The Government guarantees to issue the Purchaser a minimum total weight equal to the “Total QTY (lbs.)” identified per SCL specified below subject to variations as authorized by SBR Part 2, Article 12.

Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. The Government assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or dispositions of this material. The Purchaser shall hold the Government harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.

This is not a sale by sample. The Purchaser shall not reject property issued under the terms of this contract, unless an item is outside the scope of the contract. The Government is the sole authority of determining condition code and determining whether property is considered scrap under its property regulations and thus eligible for referral under this contract. Purchaser’s opinion on whether the property is able to clear customs, sell or market, or the availability of customers for items have no bearing on whether the Government considers the property scrap. No changes, modifications, or reductions of price will be applied. Under no circumstances is culling for effecting partial or incremental removals authorized.

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

I.2 Classified Material:

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

I.3 Material Potentially Presenting an Explosive Hazard (MPPEH):

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

I.4 Radioactive Property:

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

I.5 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. The Government will arrange for pick up and removal of such material.

I.6 Scrap Warranty and Exemptions from the scrapping requirement:

The Scrap Warranty is waived for this sale.

I.7 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.8 Safety of Use Message (SOUM) property:

At the Government’s discretion, certain items may be deemed unsafe for use as identified in a SOUM. Under the terms of mutual agreement, Purchaser may elect to perform the required scrapping or return any items to the Government.

I.9 Foreign Attachment Most SCLs include foreign attachments as part of the total weight. The weight of foreign attachments is an important factor in determining bid amounts. Foreign attachments are not dunnage or miscellaneous debris.

I.10 Miscellaneous Debris and Dunnage:

Any open container is susceptible to miscellaneous debris, which may include but shall not be limited to cardboard, dirt, sand, snow, water, rocks, glass, rubber pieces, wood chips, etc. Miscellaneous Debris and Dunnage shall be no more than 20% of the total SCL weight per removal. Amounts in excess of 20% can be resolved locally or brought to the SCOs attention by initiating a SF364 ROD. The weight of miscellaneous debris and dunnage is an important factor in determining bid amounts.

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

The Purchaser, for any discrepancy or questionable item shall initiate a SF 364 ROD (i.e., shipping, packaging etc.) Purchaser shall complete SF 364 ROD and submit it to the Agency personnel on location for any property or shipment in question to receive resolution. When resolved locally, the SF 364 ROD shall be completed and sent to the SCO. When a discrepancy cannot be resolved locally, the property shall be segregated and identified by the Report Number. A copy of the SF 364 ROD shall be stored with the property until final disposition has occurred.

A copy shall be submitted to the SCO requesting disposition instructions and/or further resolution if required.

I.12 Title Transfer:

Title shall transfer when the DLA Form 1367 released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, when removed from Government premises.

I.13 Notice of Material Breach:

In the event of a material breach or default of the respective duties in the performance of this contract, the Purchaser or the Agency, the party asserting such material breach, shall serve written notice upon the party that committed or is alleged in the notice to have committed such material breach.

I.14 Response to Notice:

Except as otherwise provided, the breaching party may cure the material breach within 14 calendar days of such notice, referred to as the cure period. However, the notice may provide a longer cure period. The non-breaching party may withdraw the notice within the cure period or extend the cure period in writing.

I.15 Termination:

Termination shall be effective upon written notice by the non-breaching party to the breaching party served upon or after the date of such decision. Unless otherwise provided, Purchaser and the Agency shall continue to perform their respective duties under the contract during the phase-out and wind down periods, as needed.

I.16 Agency Remedies for Material Breach by Purchaser:

If the breaching party is the Purchaser, the Agency may take any one, combination of, or all, of the following actions to satisfy its claims for any non-payments or other damages:

• Present a claim against Purchaser.

• Present a claim upon the any other applicable insurance or surety policy.

• Seek appointment of a receiver or trustee for Purchaser.

• Seek monetary damages, restitution or any other legal or equitable remedy to which it is entitled.

• Assert any other right, claim, or remedy available pursuant to the Contract Disputes Act of 1978 (41 U.S.C.

7101-7109).

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

The BIS advances U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system, and by promoting continued U.S. leadership in strategic technologies. BIS accomplishes its mission by maintaining and strengthening adaptable, efficient, effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes. If required, on Destination Control Statement BIS form 711 (All exports of CCL not designated as EAR99, unless export is made under License Exception BAG or GFT. the minimum BIS statement is as follows: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end- user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from U.S. government or as otherwise authorized by U.S. law and regulations.” https://www.commerce.gov/bureaus-and-offices/bis

U.S. Export Administration Regulations (EAR) - Links to important EAR information for exporters.

https://www.state.gov/strategictrade/resources/c43182.htm. U.S. Department of Commerce, Bureau of Industry and Security https://www.commerce.gov/ Bureau of Industry and Security Mission: Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. https://www.bis.doc.gov/

The Purchaser warrants and covenants that none of the items identified in the Public Sales offering and listed on its Public Sales contract shall be directly or indirectly used or disposed of for military use or exported unless a full disclosure of the origin of the property is made by the Purchaser.

Items in the product pool, which is only DEMIL A, may be subject to export control restrictions.

Once title transfers, the Purchaser shall consult with Department of State and Department of Commerce export control regulators if there are doubts about the type of export controls that apply to any item, regardless of DEMIL code. The Purchaser may request a formal Commodity Classification from the Department of Commerce, Bureau of Industry and Security, or submit a General Correspondence request to the Department of State, Directorate of Defense Trade Controls. Information on managing exports of CCL items can be found at the Bureau if Industry and Security website at https://legacy.export.gov/csl-search.

The Purchaser shall comply with U.S. export control laws and regulations. The Purchaser is referred to the EAR including parts 732, 736 and 746. The Purchaser is advised that USML and CCL items may not be sold in foreign countries or to foreign persons unless there is compliance with Department of State/Commerce licensing requirements, or a proper determination is made that no license is required.

The Purchaser shall notify all subsequent Purchasers, in writing, of their responsibility to comply with U.S. export control laws and regulations. The Purchaser shall refer buyers in writing to the EAR, and provide them guidance and information in subchapter C, parts 732, 746, and 736. Specifically, the Purchaser shall advise buyers that exports of these items may require licenses when destined to certain prohibited entities or destinations and this property may not be re-exported or transferred in contravention of the General Prohibitions specified at 15 CFR Part 736.

https://www.commerce.gov/bureaus-and-offices/bis https://www.state.gov/strategictrade/resources/c43182.htm https://legacy.export.gov/csl-search

The Purchaser is cautioned that prior to resale of the property acquired under this contract, they should become familiar with their customer and the purposes for which it is acquiring the property. The US export control regulations specified above, may apply to subsequent transactions of the property.