IFB 33-4032 Useable Construction Material.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

SURPLUS PERSONAL PROPERTY

IFB 33-4032

SEALED BID

ONE TIME SALE

For

DLA Disposition Services

Offer Closing Date/Time: July 19th, 2024, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period By appointment only

Sales Point of Contact (SPOC):

See Schedule

Sales Contracting Officers:

Jenifer Sestina

EMAIL: Jenifer.Sestina@dla.mil

PHONE: 269-961-4072

Jared Plott

EMAIL: Jared.Plott@dla.mil

PHONE: 269-961-4270

A INTRODUCTION

A.1 Access Requirements to Private Land Storing Material:

A.2 Useful Websites:

A.3 Item Description:

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 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Ineligible Bidder:

D.8 Bid Evaluation:

D.9 Pre-Award Vetting of Apparent High Bidder:

D.10 Contract Award:

D.11 Start Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT PERFORMANCE

F.1 Performance Period:

F.2 Regulatory Compliance:

F.3 Environmental and Safety Notice:

G PAYMENTS

G.1 The Billing Cycle:

G.2 Types of Acceptable Payments:

G.3 Payment Confirmation:

G.4 Consequences of late or short payments:

H AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

H.1 Material Flow:

H.2 Material Referral:

H.3 Classified Material:

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

H.5 Radioactive Property:

H.6 Hazardous Property:

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

H.8 Demilitarization Code Assignment:

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

H.10 Foreign Attachment:

H.11 Miscellaneous Debris and Dunnage:

H.12 Standard Form (SF) 364 Report of Discrepancy (ROD):

H.13 Title Transfer:

H.14 Notice of Default/Cure Notice:

H.15 Response to Notice:

H.16 Termination for Default:

I COMPLIANCE WITH GOVERNMENT REGULATIONS

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

J PURCHASER RESPONSIBILITIES

J.1 Letter of Authorization (LOA):

J.2 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

J.3 Purchaser Use of Sub-Contractors:

K PURCHASER OWNED EQUIPMENT

K.1 Material Handling Equipment (MHE):

L CONTRACT COMPLIANCE, AUDITS AND REVIEWS

L.1 Compliance with Applicable Laws and Regulations:

L.2 Licenses and Permits:

L.3 Duties of Care and Loyalty:

L.4 Prohibited Activities:

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

L.6 Post award inspections:

L.7 Purchaser Record Retention:

L.8 Inspection of Records and Workplace by Government:

L.9 Compliance Notification:

L.10 Contracts with Third Parties:

M DISPUTES AND CLAIMS

M.1 Disputes:

M.2 Alternative Dispute Resolution (ADR):

N MISCELLANEOUS PROVISIONS

N.1 Binding Effect:

N.2 Notices:

N.3 Severability:

N.4 Headings:

N.5 Survival:

N.6 Waiver:

N.7 Force Majeure:

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

N.9 Tense and Gender:

N.10 Entire Agreement and Modification:

N.11 Computation of Time:

N.12 Electronic Communication:

N.13 Reimbursements or Adjustments in Billing:

N.14 Market, Resale and/or Export:

O GOVERNMENT REQUIRED REPORTS

O.1 Government Use of Purchaser Reported Information:

O.2 Performance Measure Requirements and Reports:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Public Law Pertaining to Location Operations:

P.2 Public Law Pertaining to Material:

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

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

P.5 Refrigerant:

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

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering to sell perimeter and/or barrier construction material located at Sasabe AZ, Nogales AZ and Guadalupe Canyon/Douglas AZ through this One-Time Sale, sealed bid, invitation for bid. Material was initially procured for use on the Border Wall between the U.S. and Mexico. All material is considered as useable and was not previously used.

Property will be offered as an “all or none lot” at each site with bids required for each item. Award at each site will be made to highest cumulative responsive and responsible bidder for each lot at each location. Multiple contracts may be awarded from this IFB based on the highest cumulative bid for material at each location. Bidders may bid only on one site, on two sites or on all sites. Bidders must bid on all property at an individual site and must take all property at the site if awarded.

Schedules are provided in Microsoft (MS) Excel Workbook (*.xlsx) format. The schedules will provide detailed information about the Location, Material, Inspection times, and Points of Contact. The schedule workbook includes:

Schedule Tab Description Schedule A REMOVALS SCHEDULE Schedule B ACCOUNTABLE SITE AND SPOC INFORMATION Schedule C BIDDER INSPECTION SCHEDULE FOR LOCATION AND MATERIAL Schedule D MATERIAL INFORMATION Schedule E MATERIAL PICTURES BY LOCATION Schedule F BID SHEET AND CONTRACT INFORMATION

A.1 Access Requirements to Private Land Storing Material:

Bidder’s/Purchaser’s (and Agents) must coordinate all trips to storage sites with the Sales Point of Contact (SPOC) for each site and ensure you have confirmation for appointments prior to arrival. All material is stored on private land. Potential bidders or awardees should not attempt to contact private landowners or contractors storing material.

All access must be coordinated through the designated Sales Point of Contact (SPOC).

Note: Property is located at remote locations and accessibility may be limited. Paved roads and existing bridges may not be available at some locations and off road travel may be required. Weather conditions may impact removals during rainy season. Bidders are strongly encouraged to examine road conditions for all sites prior to submitting bids.

A.2 Useful Websites:

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

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

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

A.3 Item Description:

Generally, the material is metallic perimeter and/or barrier construction material including prefabricated assembled bollard wall panels of varying length and width, and many will be partially filled with grout or concrete filling; gates and gate pieces, drainage material, etc. Items with grout or cement are usually filled up to twelve feet but exact amount of grout or concrete in each bollard panel may vary. The material is listed as Federal Supply Class (FSC) 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/

5680 but was turned into DLA under Local Stock Numbers (LSNs) due to their unique nature. LSNs provide estimated lengths and indicate items with grout or cement. See Schedule D for specific item details, available and quantities by location. See Schedule E for photos of material by location.

FSC LSN(s) DESCRIPTION

5680 DSBWBOL03 BORDER WALL BOLLARD 4-6X20-35 WITH GROUT

5680 DSBWBOL05 BORDER WALL BOLLARD 8X20-35 NO GROUT

5680 DSBWBOL06 BORDER WALL BOLLARD 8X20-35 WITH GROUT

5680 DSBWBOL09 BORDER WALL BOLLARD 2X30-35 NO GROUT

5680 DSBWGATES BORDER WALL GATES ASSEMBLED

All items listed above are DEMIL Code A and Unit of Measure is Each.

A.4 Packing:

No packaging. Loose on ground, stacked, will require crane or forklift to load. MHE at all sites must be provided by the Purchaser. The government, government contractors or private parties onsite will not load or assist with loading.

A.5 Removal:

Generally, Monday-Friday 8:00AM-5:00PM Mountain Standard Time (MST) excluding federally recognized holidays. All removals must be pre-coordinated with the SPOC.

Note: Property is located at remote locations and accessibility may be limited. Paved roads and existing bridges may not be available at some locations and off road travel may be required. Weather conditions may impact removals during rainy season. Bidders are strongly encouraged to examine road conditions for all sites prior to submitting bids.

Purchaser will be required to remove all material from the location awarded at the earliest opportunity, through the most expedient means available. Purchasers should be required to provide up to a minimum of seven (7) trucks per day throughout the performance period until all material is removed. Apparent High Bidders (AHB) must submit a removal plan that is acceptable to the Sales Contracting Officer to be considered a responsible bidder. See paragraph F.1 for Performance period details and paragraphs D.8 and D.9 for responsibilities and vetting of AHB.

The SPOC will prioritize locations for loading and removal based on Agency criteria as documented on the Schedule A. Individual material removals can be coordinated between the SPOC and Purchaser for each location.

Any deviation from the priority listed will be approved by the Area Manager through written instructions (email) and reported to the SCO for the contract file.

A.6 Inspection:

Bidders are encouraged to inspect the material and location prior to submitting a bid. Inspection dates and time for each location are as follows:

Sale Locations Inspection Date

Available Operation Hours

Guadalupe Canyon/Douglas, AZ 7/12/2024 0800-1400 Nogales, AZ 7/11/2024 0800-1400 Sasabe, AZ 7/10/2024 0800-1400

If the original inspection date must be cancelled by the Government or the location alternate inspection dates are listed below:

Sale Locations Alternate Inspection Date

Available Operation Hours

Guadalupe Canyon/Douglas, AZ 7/17/2024 0800-1400 Nogales, AZ 7/16/2024 0800-1400 Sasabe, AZ 7/15/2024 0800-1400

Material may ONLY be inspected during these times and dates. DO NOT contact private landowners or on-site personnel to schedule appointments for inspection of material. You MUST contact the SPOC (see Schedule B for SPOC contact info at each location) no later than 5 business days of the inspection date listed in A.6. Specific times for each day may not be available, it is important to get on the schedule to lock in your appointment. The SPOC must be present for all inspections.

A.7 Loading:

Monday-Friday 8:00AM-5:00PM Mountain Standard Time (MST) excluding federally recognized holidays.

Purchaser is responsible for transportation and providing Material Handling Equipment required for loading, and removals.

Loading and removal will be coordinated locally. Bidders should be able to support a minimum of seven (7) trucks per day at each site until all material is removed.

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

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

C SALE BY REFERENCE (SBR)

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

Article D Paragraph 2 is deleted and the following inserted in its place: Purchaser shall indemnify and hold the U.S.

Government, DLA, USACE and its contractors harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney’s fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including private land owners, states, local and interstate bodies, in any manner caused by or contributed to by the Purchaser, its agents, subcontractors, employees, or any person subject to its control when removing property from the locations in this

IFB.

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

C.6 SBR Part 6:

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

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except: A, B, D, F, G, H, I, J, K, L M, N, O, P, Q, 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.

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

D.2 Identification of Sales Purchaser:

Bidders should take care to ensure that their bid submission indicates whether they are submitting the bid as an authorized representative of a legal entity such as a corporation or limited liability company, or in their individual capacity or as owner of a sole proprietorship. The legal entity designated as the bidder on the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. Individuals or companies may use subsidiaries, affiliates or partners in a joint venture as subcontractors with SCO approval as per the contract terms (however such entities may also require an ERD) but may not substitute such entities as a party to the DLA sales contract. Apparent High Bidders (AHB) should ensure the SOI and other pre-award documentation identify any subcontractors that will be performing removals or processing materials on its behalf so that the appropriate reviews may be conducted.

D.3 How to Bid:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114, SF114A and/or Schedule F Worksheet. Bidder shall enter bid as a price per unit of issue not to exceed five decimal places (example 0.01005). Minimum bid is $0.01000 per Unit of Issue. Multiply your bid price by the quantity indicated in the “Total QTY” column advertised to calculate your extended bid amount. It is recommended that the bidder utilize the Schedule F Worksheet to calculate their bid and provide the worksheet with the SF114. This is an all or None Bid per Location.

The highest priced cumulative bid for all material at each location will be considered the Apparent High Bidder (AHB) for that location. Multiple contracts may be awarded from this IFB based on the highest cumulative bid for material at each location.

For illustrative purposes, if four items advertised for sale in the IFB are:

CLIN 10 Prairie, KS Bidder 1 Bidder 2 Material QTY Units Unit Bid Extended Bid Unit Bid Extended Bid Item 1 50,000 EA .10 $5,000.00 .09 $4,500.00 Item 2 10,000 EA .02 $200.00 .04 $400.00 Item 3 25,000 EA .03 $750.00 .07 $1,750.00 Item 4 15,000 EA .20 $3,000.00 .25 $3,750.00 Total Cumulative Bid $8,950.00 AHB Awarded all items. $10,400.00

Do not email bids or call-in bids directly to the SCO. Email bid to: DRMSSALESBIDS@DLA.MIL

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

D.4 A Responsive Bid:

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

• SF114 completed and signed.

• SF114A and Schedule F

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

mailto:DRMSSALESBIDS@DLA.MIL

D.5 When to Send Bid:

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

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 Ineligible Bidder:

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

• Officially indebted to the Government.

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

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

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

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

D.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, has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee) and able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government.

The general standards in FAR Part 9 on contractor responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility. The apparent high bidder (AHB) for each location will be vetted prior to award in accordance with D.9 below.

D.9 Pre-Award Vetting of Apparent High Bidder:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder (AHB). 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 Apparent High Bidder shall cooperate in the Pre-Award process by providing requested information in a timely manner. Be advised that the Pre- Award vetting 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 vetting, you have ten business days to:

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

• Provide a plan or schedule for removals: An approved awardee must remove all of the items listed for the site. The AHB must provide a detailed loading and removal schedule/plan for each location to begin within 14 calendar days of award and provide estimated completion date (i.e. Number of Trucks and Frequency of https://sam.gov/ https://www.trade.gov/data-visualization/csl-search

Removals). Rate of removal will be a consideration for contract award. Bidders are expected to have capability to remove at least 7 trucks load of material per day. An award will not be made to a bidder who only demonstrates a capability to remove some, but not all, of the items listed in the IFB, or who cannot move material in an expeditious manner.

• In lieu of a plan for removal, the AHB, at the AHB discretion and subject to approval and agreement of the private landowner, may continue to store the property at the site. In order be approved as the awardee under this arrangement, the AHB must meet the following conditions:

AHB must obtain an agreement or lease with the owner of the property for continued storage and/or resale of property at the RIP site;

The agreement or lease must specifically release the US Government, DLA, US. Army Corps of Engineers and/or USACE contractors or subcontractors, from any further payment of storage charges on the property;

The agreement or lease must contain provisions making Purchaser responsible for any damage to the real property or owner’s facility; and

Should Purchaser pursue this option a Joint Inventory will be conducted prior to transfer title for all property remaining in place.

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

D.10 Contract Award:

The SCO shall determine if each bid is responsive. The contract shall be awarded to the highest responsive bid submitted by a responsible bidder after Agency vetting of the apparent high bidder.

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.

If a bidder successfully completes the pre-award assessment as the apparent high bidder, they will receive a Statement indicating the amount of payment due. Payments must be submitted no later than ten (10) business days from the date of the Notice.

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

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.

D.11 Start Work Meeting:

The purpose of the conference is to ensure the Purchaser fully understands the terms and conditions of this contract.

The Agency shall determine the method, date, time, and location of the start of work meeting. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting the official signed Notice of Award will be sent to the Purchaser and SPOC. After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of 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, contract-contractor under Federal Acquisition Regulations, 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 PERFORMANCE

F.1 Performance Period:

The Purchaser shall have up to 90 calendar days to remove the material specified in this IFB. There are no option periods available under this contract. 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. Purchaser understands that coordination of removal times and any other site specific conditions must be coordinated at all sites with the third-party contractors and private property owners. The Parties agree to work together in good faith to reach mutually agreeable solutions for removal of property at each location based on any limitation or restrictions imposed by the third-party property owners.

F.2 Regulatory Compliance:

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

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

F.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. 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 PAYMENTS

G.1 The Billing Cycle:

This is a one-time sale; full payment must be received prior to the removal of any property. The “Notice of Award, Statement and Removal” document is the only invoice or billing document.

G.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 transactions to $24,999.99.

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

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

DLA FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

Credit Card and Bank Account (ACH) payments within the United States can be made using the website at:

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

G.3 Payment Confirmation:

The Government does not provide payment confirmation. Purchaser shall submit proof of payment to the SCO, showing type of payment, amount, and date submitted. The SCO will ensure payment is applied to the Purchaser’s account. Payment submission through Pay.gov is recommended to reduce processing time. Pay.Gov confirmation email is proof of payment.

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

G.4 Consequences of late or short payments:

If full payment is not received within 10 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S. Code. After 15 calendar days from the bill date, we will collect by taking offset action against account. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; you will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 10 calendar days delinquent. When debt is transferred to the Debt Management Office for collection and an additional administrative charge of $50 will be assessed. They will continue the collection process and if unsuccessful, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken:

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

• The debt may be reported to a credit bureau.

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

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

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

H AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

H.1 Material Flow:

The material is listed by LSN and DTID as EA (each) in units of issue, by each location. A DLA Form 1367 will be issued for each truck leaving the site where material is stored. A DLA Form 1367 will be prepared for each separate truck removal and must identify each item removed, quantity on the truck and respective DTID. The DLA Form 1367 must be signed by the SPOC and the Purchaser representative. The Purchaser is responsible for ensuring that their on-site representative or the driver of the truck understands this responsibility. Trucks will not be allowed to leave the site until this is completed.

H.2 Material Referral:

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

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

H.3 Classified Material:

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

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

Performance of this contract does not require nor authorize the Purchaser to handle MPPEH. Despite all best efforts by the Government, 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 outlined below. The Agency will arrange for pick up and removal of such material.

H.5 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.

H.6 Hazardous Property:

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

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

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

H.8 Demilitarization Code Assignment:

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

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

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

H.10 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.

Grout in some of the Bollards is considered as foreign attachment and will not be adjusted. Consideration should be made in the bid price submitted.

H.11 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.

H.12 Standard Form (SF) 364 Report of Discrepancy (ROD):

When the Purchaser identifies any discrepancy or questionable item for which it believes an adjustment is, or may be warranted, the Purchaser shall initiate a SF 364 ROD (i.e., shipping, packaging, non-conforming tenders, billing errors, etc.) Purchaser shall complete SF 364 ROD and submit it to the SCO. The property in question must be segregated and stored, by the purchaser until the SCO has completed their determination. The Purchaser must submit with their ROD any evidential matter that supports their ROD. This documentation could include, but would not be limited to, MROs and 1367s that apply to the discrepancy, photos, weight tickets from a certified scale.

No adjustment(s) will be made unless the Purchaser notifies the Sales Contracting Officer of any discrepancy or questionable item by written notice, within 30 calendar days after removal of the property. If the discrepancy relates to an alleged billing error and cannot be discovered until receipt of the billing statement, the foregoing shall apply except the Purchaser shall have 30 days from date of the billing statement to file a ROD. Failure to submit the written notice within 30 days will result in your discrepancy or questionable item being rejected without any action taken by the SCO.

The SCO will provide a decision within 30 days on the ROD being submitted by the purchaser.

H.13 Title Transfer:

Title shall transfer for each item of property when the DLA Form 1367 is signed by the Government and accepted by the Purchaser or their agent and when the property is removed from the site. A DD 1367 will be prepared for each separate truck removal and must identify each item removed, quantity on the truck and respective DTID. The Purchaser is responsible for ensuring that their on-site representative or the driver of the truck understands this responsibility. Trucks will not be allowed to leave the site until this is completed.

H.14 Notice of Default/Cure Notice:

In the event of a material breach or default of the respective duties in the performance of this contract, the Agency, will serve written notice upon such material breach. The Agency reserves the right, based on the severity of the default, to pursue lesser means of resolution to the default other than written notice. The Notice of Default, regardless of form, will provide corrective actions (cure) that must be taken and a date specific (cure date) to be completed. Failure to submit payment in full for monthly billing statements is directed by Treasury and DFAS Policies and the SCO has no discretion but to exercise actions stated in Section H above.

The SCO will, based on the severity of the default, choose to:

• Resolve through informal discussions.

• Request the Purchaser to provide a written plan of action on how the default will be corrected, a specific date to be completed, and what procedures will be implemented to prevent reoccurrence of the default. (Show Cause)

• Assess Liquidated Damages, normally in the form of storages charges or actual cost of repair.

• Terminate the contract.

The Agency may take any, a combination, 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).

H.15 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.

H.16 Termination for Default:

Termination shall be effective immediately upon written notice by the government to the Purchaser (breaching party) served upon or after the date of such decision. If the Purchaser is terminated for default, the Purchaser is put on notice that this acts as a Sales Contracting Officer’s Final Decision (SCOFD), and the Purchaser’s appeal rights if incidentally not included within the termination for default letter, then the Purchaser has been placed on notice of their appeals right that commences the time the Purchaser has to appeal the SCOFD because this SBR is incorporated into the Invitation for Bid.

Appeal Rights - This is the final decision of the Contracting Officer. You may appeal this decision to the Armed Services Board of Contract Appeals (ASBCA). If you decide to appeal, you must, within ninety (90) days from the date you receive this decision, mail, or otherwise furnish written notice to the ASBCA and provide a copy to the Contracting Officer from whose decision the appeal is taken.

The notice shall indicate that an appeal is intended, reference this decision, and identity the contract(s) by number.

With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s small claim procedure for claims of $50,000 or less or its accelerated procedure for claims of $100,000 or less. Instead of appealing to the ASBCA, you may bring an action directly in the United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months of the date you receive this decision.

I COMPLIANCE WITH GOVERNMENT REGULATIONS

I.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.