IFB 33-2044 Bollen Range.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

DEMILITARIZATION AS CONDITION OF SALE (DCOS) SCRAP RESIDUE SALE

IFB 33-2044

SEALED BID

TERM SALE

FOR

DLA Disposition Services Susquehanna, Mechanicsburg, Pennsylvania

AT

Bollen Range, Fort Indiantown Gap, near Harrisburg, Pennsylvania

Offer Closing Date/Time: August 11, 2022, 1:00 p.m., local time Battle Creek, Michigan, USA

Inspection Period Begins July 28, 2022, 1:00 p.m. EST. By appointment only

Sales Contracting Officer: Thomas W. Marcum

EMAIL: Thomas.Marcum@dla.mil

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

Battle Creek, Michigan 49037-3092

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a one-time sale for scrap residue derived from the Mutilation and/or Demilitarization of controlled property. A Mutilation/Demilitarization Condition of Sale (MCOS/DCOS) contract requires property to be processed prior to title transfer. A Government representative will oversee processing of property.

This IFB sales offering will allow a bidder to perform the mutilation and/or demilitarization of controlled property either on-site or off-site, but not both. Bidders will be allowed to submit one bid, either for the on-site option or for the off-site option.

Option 1 will allow a Purchaser to perform on-site processing at the pick-up location identified within this IFB.

Performance shall consist of processing (mutilation/demilitarization) of controlled property and removal of said processed property from September 18, 2022, thru October 8, 2022. Option 1 will have its own associated Period of Performance as described in Section G.1.

Option 2 will allow a Purchaser to perform off-site mutilation and/or demilitarization processing at a Purchaser owned/leased facility approved by the Government. Removal of property must occur from September 18, 2022, through October 8, 2022. Option 2 will have its own associated Period of Performance as described in Section G.1. If a Purchaser elects to bid on option 2, the Purchasers facility must be within 75 miles of Susquehanna, PA

A.1 Base Access Requirements:

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

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

(DBIDS).

Purchaser is responsible to obtain all base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base must have state-approved identification or state-approved appropriate driver’s licenses and be free of any warrants. The base will deny access to personnel with warrants. Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. (Purchaser will provide a list of personnel who will work on base prior to start of work).

A.2 Useful Websites:

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

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

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

A.3 Item Description:

The Agency expects the Purchaser to perform all requirements under this contract at the bid price submitted.

A summary of the property being offered via this sale is indicated in the attached inventory list. The estimated amount of property is an estimated forty (40) each 207 tons of Armored Personnel Carriers/Light Vehicles, eight-nine (89) 22 tons of 500 lbs. inert practice rounds, one-hundred and ninety-seven (197) lbs. of miscellaneous debris for a total estimate of 426.5 tons or converted into pounds an estimated 853,000 lbs.

The demilitarization of vehicular and non-vehicular end items and related components generates scrap residue which may consist of, but is not limited to, metallic scrap (iron, steel (light and heavy), aluminum, copper, brass, and other metals); non-metallic scrap (plastic, wood, textile, fiberglass, and other material). This property consists of various DEMIL Codes.

These pictures are for illustrative purpose only and may not be a current representation of items for sale, site location, or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

Property stream may consist of, but is not limited to, metallic and non-metallic scrap coming from a Department of Defense (DoD) Range. Range residue is property placed on a live fire range that has been fired upon but has been certified as safe through a DoD process known as Material Documented as Safe (MDAS). All property listed in this sale may include but not limited to, practice bombs, expended artillery, small arms and mortar projectiles, aircraft bombs and missiles, rockets and rocket motors, hard targets, grenades, incendiary devices, experimental items, demolition devices, berms, and any other material fired on, or upon a military range. Includes urban combat range simulation items, aircraft fuselages and parts, rotary aircraft and parts, tanks and parts, commercial/military vehicles and parts, trailers, CONEXes, shelters, buildings (mobile), training bombs and a variety of other items used for range targets. Scrap residue may include, but is not limited to, aluminum, titanium, steel, copper, brass, composite and/or synthetic materials, ceramics and/or natural or synthetic polymers, rubber products, wood, covers, concrete and/or cellulose based items, attachments or fillers from munitions residue and a variety of other materials. The DEMIL Codes associated with this property are B, D and Q. Purchaser may also receive approved DEMIL G property with MDAS certificate and DEMIL P property with declassification certificate.

Range residue property is considered as Material Potentially Presenting an Explosive Hazard (MPPEH) until MDAS certified. Trained and qualified Government appointed representatives have inspected and certified all material as

MDAS.

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.

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

Since the bidder has the ability to bid on either option1 or option 2 above and each period of performance will allow a bidder to submit a bid that best suits their capability to perform coupled with the fact that EOD personnel are not documenting the material as document as safe until the Purchaser is ready to perform, the Government does not guarantee to issue the Purchaser a minimum weight. The Purchaser is guaranteed all property at the specified location they can remove, process, and to which title will transfer based on the option period they bid, are determined to be the apparent high bidder, and awarded the contract. The Purchaser will be charged for the actual weight of the material for which they obtain title. The weight listed in table one is provided for comparable bid evaluations, establishing prepayment requirements, and to come to a mutually agreed too at the post-award meeting a production rate to monitor performance. Any variance at the end of the period of performance from the estimated total weight identified in Table 1 will either be charged to the Purchaser (if the Purchaser processed more property than advertised in the estimated total weight or refunded (if the Purchaser does not process at least the advertised estimated total weight and barring any offset requirements of any Government Agency).

A.4 Table 1: IFB Item Number Details:

State Site Item Material Estimated Total Weight

(LBS.)

PA

Susquehanna/ JSVE

Option 1: Onsite (FTIG) Government’s Facility

DS000E1MB

850,000

PA

Susquehanna/ JSVE Option 2: Off-Site

Purchaser’s Facility

DS000E1MB

850,000

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

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

Note: Live ordnance was not fired at targets or dropped on the range. Only Practice/Dummy rounds are and or were used on this range.

A.6 Packing:

Property is stored on the ground, in storage lot.

A.7 Removal:

Times will be coordinated locally in coordination with Purchaser, SPOC, and Range personnel. All property will be removed during the range downtime window currently scheduled for September 18, 2022, through October 08, 2022, if the Purchaser bid and was awarded option 2 for off-site processing. The dates the range is shut down for the removal and/or processing of property being offered in this IFB is fixed and cannot be modified. Extension in time for removal and/or processing cannot be granted. This will be a 21-day consecutive removal timeframe to include weekends.

Whether the Purchaser is awarded option 1 or option 2, a Purchaser can store and stage equipment in a secure area outside of the bombing range starting a week before and ending a week after the three-week period (September 18, 2022, thru October 8, 2022). Starting September 11, 2022, equipment can be delivered and staged, no later than October 15, 2022, equipment must be removed.

CLIN MATERIAL SCL DESCRIPTION

10 DS000E1MB E1M

Mixed range-related debris collected from operational ranges or from former ranges that consist of inert ordnance items, (e.g., target debris, military munitions packaging/crating material, projectile residue, or bullet fragments). This material may conform to a prepared grade of iron and steel scrap: however, it will be segregated as a safety factor.

Metals reclaimed from target range should be segregated according to basic metal material content.

NOTE: Once EOD range personnel sign a Material Documented As Safe (MDAS) certificate for a piece of material, the purchaser can remove property for off-site mutilation/demilitarization if the Purchaser was awarded option 2 or relocate the material to secured, secondary government staging area for immediate mutilation/demilitarization if the Purchaser was awarded option 1.

A.8 Inspection:

Range contact requires a 7-calendar-day notice to coordinate visits to the range. Visits will occur around live-range operations. Time is required to coordinate plans and ensure safety. Inspection is by appointment only. Contact POC to schedule a physical inspection. Bidders are highly encouraged to physical inspect property and site requirements prior to submitting their bid.

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 will contact the POC at least 48 hours before seeking entry to a military installation or Disposition Site to be informed on entry requirements.

A.9 Loading:

Times will be coordinated locally in coordination with Purchaser, SPOC, and Range personnel.

Purchaser will load containers and conveyance. The Government will not load or assist in loading.

Pick up location(s):

1. Material is stored in a fenced-in lot (200x100 yard) at 26-139 Ammo Rd; Annville, PA 17003

Primary POC: Severino Coronacion Phone: 717-550-3006 Email: Severino.Coronacion@dla.mil Alternate POC: Joseph Rivera Phone: 717-550-3005 Email: joseph.rivera@dla.mil

EOD POC: MSgt Aaron Weber Cell: 302-584-2121 work: 302-323-3333 Email: aaron.weber4@us.af.mil

B TERMS AND CONDITIONS OF SALE

Certain contents and provisions of this IFB, including Appendices, Attachments and Schedules, are described in general. Any weight offered or described in this auction was based on historical information from previous sales and are estimates only.

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

B.3 Training During the pre-award process the SCO will provide the Purchaser with “DEMIL Certifier” training material (MS PowerPoint or PDF version). Purchaser will retain the training certificate(s) and make them available to the Government within 24 hours upon request. Purchaser must complete training certificate and submit an appointment letter on company letterhead according to DoDM 4160.28 Vol 3 with the Certifier(s) name and signature to the SCO before work can begin.

B.4 Demilitarization/Mutilation Operations:

Agency Verifier(s) must be present for all Demilitarization/Mutilation operations. If the Agency Verifier is unavailable for any reason, demilitarization/mutilation operations are to be shut down until the Verifier(s) return.

Purchaser is responsible for obtaining and providing all required permits to accomplish Demilitarization/Mutilation processing and transportation. All conveyance will display applicable Department of Transportation (DOT) placards. If an oversized vehicle or load is required, site will assist by providing a POC for base permits.

Purchaser will not be provided with permanent indoor or outdoor storage space for property or equipment (including material handling equipment (MHE)). Outdoor temporary storage may be made available as the need arises to ensure DEMIL operations and property flow are not impacted. Only the Agency can authorize the temporary storage space and the Purchaser must request the space in writing.

Purchaser is required to demilitarize/mutilate all property streams. No parts harvesting is authorized.

All property sourced to this contract will be processed as Controlled Property and will be Demilitarization/Mutilation and not commingled with Non- Demilitarization/Mutilation required property until title passes.

If operation hazards are discovered during loading or Demilitarization/Mutilation operations, all work will cease immediately. Operations will not resume until cleared by the SCO.

Method and degree of Demilitarization recommended are in the best interest of the U.S. and according to DoDM

4160.28 Vol 3. The use of precision tools of ANY kind, including precision cutting tools, will not be permitted during the Demilitarization/Mutilation of this property. Method and degree of Demilitarization/Mutilation recommended are in the best interest of the U.S. Government and according to DoDM 4160.28 Vol 3. The use of precision tools of any kind, including precision cutting tools, will not be permitted during the demilitarization/mutilation of this property.

B.5 Equipment:

Purchaser will supply all equipment and personnel to accomplish the Demilitarization of all property and associated parts/material. Additionally, Purchaser will provide necessary equipment to react to leaks, spills, and clean-up of work area at the end of each day.

Equipment may include, but is not limited to a shear, scrap knuckle boom, shredder, torch machine, plasma cutter and Personal Protective Equipment.

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

Purchaser is required to have on-hand Storage Bins/Roll off containers to collect scrap and residue resulting from the loading, removal, and/or demilitarization/mutilation operations. Scrap and residue will not be accumulated on the ground.

B.6 Meetings:

Purchaser’s Certifier and the Agency’s Verifier will conduct end of week meeting to coordinate/determine work schedule for the following week.

B.7 Personal Protective Equipment (PPE):

According to 29 Code of Federal Regulation (CFR) 1910.132-140, Purchaser is hereby informed of the requirement to supply/provide Purchaser employees safety gear needed to protect from lethal projectiles, hot metal, sparks, and flames. The act of demilitarization/mutilation to render the property to the point of scrap can be extremely dangerous and adequate safeguards must be adhered to by Purchaser employees performing the demilitarization/mutilation on expended cartridge casing and associated dangerous property.

B.8 Inventories:

Joint inventory of property will be conducted by the Certifier and by Verifier before the property is Demilitarized.

B.9 Certifier/Verifier:

Certifier will be present and watch or perform 100% of material being mutilated. Verifier will be present and watch 100% of the process. Verifier will determine if property has been adequately mutilated. Any material not mutilated to the point of scrap will be further processed until proper destruction is accomplished.

B.10 Demilitarization Timeframe:

All Demilitarization performance will be completed prior to residue removal from DCOS site if the bidder is awarded option 1 on-site DCOS. All off site demilitarization/mutilation performance is required to be performed within 24 hours from demilitarization initiation. Property that cannot be demilitarized/mutilated the same day as property removal must be demilitarized and/or mutilated the following workday. The receiving process begins once the DLA Disposition Services Verifier and Certifier complete the Kind Count (KC) process and the property has been turned over to the Purchaser for processing. Demilitarization Certificates will be completed for each item when verifier has confirmed processing has been completed according to Government requirements. All property that has not been demilitarized/mutilated by the end of the workday will be inventoried and/or weighed and secured on Government premises, or on an approved, secured, off-site location if the purchaser was awarded option 2 off-site

DCOS

B.11 Military Markings:

All military markings and data plates are to be destroyed during the Demilitarization process. All Technical Data is considered Demilitarization required and must not be thrown away as dunnage. Demilitarization of Technical Data, Drawings, CD’s, Manuals, etc.… must be destroyed by burning, cross-cut shredding or pulping according to Government regulations.

B.12 Title:

Title will pass to Purchaser when the Demilitarization/Mutilation has been completed and the Certificate of Demilitarization/Mutilation has been signed by both the Purchaser Certifier and the Agency Verifier and the 1367s is signed by both the Purchaser Certifier and the Agency Verifier.

B.13 Fencing and Gate Requirements for the Purchaser: (Option 2 Off-Site M/DCOS Only)

Security fencing around the entire facility.

Fencing fabric will be wire mesh, and mesh openings will not be greater than two inches (51 mm) per side. Fence fabric material will be galvanized steel, PVC coated steel fabric or aluminum coated steel fabric.

Fencing Height - Will be a minimum of 7 feet, excluding the top guard. Fence height including outriggers will be a minimum of 8 feet.

Fence Mounting - Fencing fabric will be mounted on steel posts that are set in concrete with additional bracing at corners and gate openings, as necessary. If steel posts are not available, reinforced concrete posts will be used.

Fence Topping - When required, install outriggers (support arms) at 45-degree angles in a single arm (towards the threat side) or Y/V configuration, constructed of a single or double outrigger consisting of 18-inch (457 mm) arm(s), each having three strands of barbed wire at regular intervals along the top of the fence.

The gate barrier will have a minimum number of vehicular and pedestrian gates consistent with operational requirements. Such gates will be structurally comparable and provide equal or greater resistance to penetration as the adjacent fence. Gate fabric extends within two (2) inches (51mm) of the roadbed or firm soil when closed.

• Controlled entrances to DEMIL/MUT area.

• Limited access to essential employees. Purchaser’s nonessential employees and visitors will be always escorted.

• Controlled truck access gate for controlled and other property.

B.14 Planograph (Option 2 Off-Site M/DCOS Only) The Agency Verifier and Purchaser will develop a planograph of storage locations and layout of work areas for the Purchaser to follow for controlled and other property storage. One (1) location will be for troubled property and up to four (4) additional locations will be for shipment storage. Coordination between Purchaser and DLA Disposition Services is required to provide the best working planograph. This information is a DLA Disposition Services warehousing system and procedures requirement. Number of required storage locations required be adjusted upon mutual agreement between Agency and Purchaser.

B.15 Facility Requirements: (Option 2 Off-Site M/DCOS Only) Security cameras at all controlled and other property areas, access points, both truck and personnel.

A 30-day minimum taping and retrieval capacity for the security cameras and access for DLA Disposition Services personnel to view if necessary.

B.16 Lockable Cage (Option 2 Off0Site M/DCOS) Provide a lockable cage for holding troubled property. Lockable cage must have a dedicated security camera with a 30-day minimum taping and retrieval capacity with access for DLA Disposition Services personnel to view if necessary. (Troubled property is defined as any property not appropriate for the terms and conditions in this contract or property under DEMIL code challenge). Cage should be of adequate size to accommodate at a minimum of eight pallets of material.

B.17 Downsizing (Option 2 Off-Site M/DCOS Only) Purchaser is authorized to downsize material to the point the material can fit into the Purchaser’s conveyance.

Purchaser is responsible for any cleanup and removal of any environmental spills that may arise from the downsizing and/or removal process. Spill kits and dry sweep/oil absorbent removal of debris are the responsibility of Purchaser and all costs associated to the cleanup.

B.18 Facility Inspection: (Option 2 Off-Site M/DCOS Only) Purchaser’s Facility/worksite will pass an inspection by DLA Disposition Services personnel prior to contact award.

(See DEMIL_MUT Facility Insp.pdf in Attachments)

B.19 Hazards:

Property may contain hazardous materials, batteries, Petroleum, Oil, Lubricants (POL), hydraulic oils, coolant, fuels, washer fluids etc.). Purchaser will be responsible to drain and collect all fluids. Accumulations during the processing will be the Purchaser’s responsibility to recover, store, and dispose of according to Federal, state, and local requirements.

B.20 Spill Responsibility:

The Purchaser is solely responsible for clean-up and disposal of all spills or leaks according to 40 CFR Part 112 during the loading and or demilitarization/mutilation operations of this contract that occur because of, or are contributed to, by the actions of its agents, employees, or Sub-Contractors, at no cost to the Government. Spill response will be performed by the Purchaser according to local or host installation spill response procedures. The Purchaser shall have all necessary spill response kits, equipment and supplies pre-positioned in-case of spills that may occur during these operations.

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, 12, and 13

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 9, 12, 13(c), 28, 29

C.3 SBR Part 3:

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

C.4 SBR Part 4:

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

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except: A, E, F, G, H, K, and 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: All articles apply except:

Article H, and I.

Article A: applies to Option 1 award only.

Article B: applies to Option 2 award only. Additionally, Article B’s first sentence is amended to: Property requiring demilitarization or mutilation will not be required to be shipped in sealed container to the processing site where demilitarization or mutilation will be accomplished by the Purchaser

C.7 SBR Part 7:

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

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

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

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 Purchaser will 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 in table 1 being advertised to calculate your extended bid amount.

For illustrative purposes, if the item being advertised for sale in the IFB is in pounds and for a total quantity of 100 pounds and Bidder A’s bid price is $.10000 per pound, then $.10000 times 100 pounds equals $10. The $10 would be Bidder A’s extended bid amount.

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

DO NOT email bids or call-in bids directly to the SCO. Bids shall be submitted via email only to:

DRMSSALESBIDS@DLA.MIL

D.3 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:

• SF114 completed and signed.

• SF114A

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

D.4 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, 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.5 Bid Evaluation:

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

The contract award will be made to the responsible bidder with the highest priced responsive bid regardless if it’s submitted for option 1 or option 2 unless a determination is made to reject the bid under 41 CFR § 102-38.205. A bidder can bid on option 1 for on-site DCOS or option 2 for off-site DCOS. A bidder cannot submit bids on both option 1 on-site DCOS and option 2 off-site DCOS.

Essentially, the highest price responsive bid for all bidders will be considered first regardless if the bidders submitted a bid on option 1 on-site DCOS or option 2 off-site DCOS. In example, if bidder 1 submitted a bid price for option 1 on-site DCOS and Bidder 2 submitted a bid price for option 2 off-site DCOS, then if Bidder 1 submits a bid price of $.13000 for on-site DCOS and Bidder 2 submits a bid price of $.12000 for off-site DCOS, then Bidder 1 is the apparent higher bidder. The apparent high bidder is determined whether a bidder submits a bid on option 1 or option 2, but only one award is made.

In the event that the Agency receives tie responsive apparent high bids, then the Agency will utilize a random tiebreaker to select an apparent higher bidder.

mailto:DRMSSALESBIDS@DLA.MIL

D.6 Ineligible Bidder:

Bidder will not be eligible for award if they are:

• Officially indebted to the Government.

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

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

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

Consolidated Screening List Search Engine (https://legacy.export.gov/csl-search).

D.7 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder (AHB). The SCO will provide notification that you are the AHB.

The apparent high bidder shall be required to provide detailed information on every storage location the apparent high bidder intends to use. The pre-award survey may be conducted at the apparent high bidder’s facility(ies), or other location(s) as deemed necessary by the Agency and may include but is not limited to a review of the apparent high bidder’s facilities and equipment, financial capability or disclosure of the apparent high bidder’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The apparent high bidder is advised that accomplishment of a pre-award survey or furnishing documents to the Agency in support of the pre-award survey is part of the assessment of the bidder’s responsibility and is not a guarantee the bidder will receive award of a contract. The SCO may rely upon information obtained in the pre-award survey in making the assessment of the bidder’s present responsibility.

Once notified that you are the apparent high bidder, you will have ten (10) working days to complete and return to the SCO all documents provided in the AHB Notification. Be advised that the Pre-Award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

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

a. Pass a responsibility check conducted through the Consolidated Screening List (CSL) search; however, this does not limit the requirements to be deemed responsible in accordance with FAR Part 9.

b. The Purchaser’s Facility shall pass an inspection by Agency personnel prior to contact award.

c. An Environmental Responsibility Determination (ERD) will be conducted by Agency personnel.

d. A Trade Security Control Assessment will be made by agency personnel.

e. Necessary licenses, permits and certifications will be reviewed.

f. Validate FAR Provision 52.204-24 is marked and signed.

g. Complete and return the End Use Certificate (EUC), DLA Form 1822 to the SCO.

h. Provide Demilitarization/Mutilation Certifier appointment letters to the SCO.

If at any point the Agency 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, until a responsive bidder is identified and is determined to be responsible.

https://sam.gov/

D.7.1 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 typically take up to ten 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.8 Necessary Licenses, Permits and Certifications Shall be Reviewed:

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

D.9 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 per contract line item unless a determination is made to reject the bid under 41 CFR § 102-38.205. Under 41 CFR § 102-38.205, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

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

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

D.10 Post-Award Conference:

The Government shall conduct a post-award conference within 10 calendar days after award. The purpose of the conference is to ensure the Purchaser fully understands the terms and conditions of this contract. The Agency shall determine the method, date, time, and location of the post award conference. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting the official signed Notice of Award will be sent to the Purchaser and SPOC. At this time property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

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

E.2 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:

If awarded option 1 on-site M/DCOS, the Purchaser must complete all removals and processing of the items listed in the attached inventory list between September 18, 2022, through October 08, 2022. See A.7 Removal for additional information regarding staging and removal of Purchaser owned equipment. Per Section B.12, because title does not pass to the Purchaser until the Certificate of Demilitarization/Mutilation has been signed by both the Purchaser certifier and Agency verifier and the DLA Form 1367 is signed by the Purchaser certifier and Agency verifier, then any remaining property not removed and processed by October 08, 2022, will be forfeited and the Purchaser will lose all rights to the property not removed. Effectively, what the Purchaser was able to remove and process from September 18, 2022, through October 08, 2022, is what the Purchaser will be allowed to retain. This will be a 21-day consecutive removal timeframe to include weekends. See Section H.1 for the billing cycle.

If awarded option 2 off-site M/DCOS, the Purchaser must complete all removals of the items listed in the attached inventory list between September 18, 2022, through October 08, 2022. This will be a 21-day consecutive removal timeframe to include weekends. See A.7 Removal for additional information regarding staging and removal of Purchaser owned equipment. After removals have occurred, the Purchaser via option 2 will be allowed 60 days to perform the mutilation/demilitarization of the property the Purchaser was able to remove from September 18, 2022, through October 08, 2022. This will be a 21-day consecutive removal timeframe to include weekends. The 60-day period of performance will commence on the first day immediately following the last day of removal, October 08, 2022.

Per Section B.12, because title does not pass to the Purchaser until the Certificate of Demilitarization/Mutilation has been signed by both the Purchaser certifier and Agency verifier and the DLA Form 1367 is signed by the Purchaser certifier and Agency verifier, then absent a justifiable excusable delayed approved by the Sales Contracting Officer prior to the end of the period of performance then any remaining property not processed by December 10, 2022, will be forfeited and the Purchaser will lose all rights to the property not removed. Purchaser will be responsible for all transportation costs related to the return of the forfeited property.

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 according to the best practices of the trade and in compliance with all- applicable Federal, state, local codes and according to regulations.

Purchaser shall also comply with all Host facility Safety, Environmental and Security requirements.

Purchaser shall comply with all local, state and Federal Department of Transportation rules and regulations while transporting scrap materials on post and to its ultimate destination.

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

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

G.3 Environmental and Safety Notice:

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

G.4 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…