IFB 33-4044 LOT sale_Oboslete Oil Production equip..pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

OBSOLETE OIL PRODUCTION EQUIPEMENT (METALLIC AND NON-METALLIC)

IFB 33-4044

SEALED BID

ONE TIME LOT SALE

For

DLA Disposition Services Anniston, AL

Offer Closing Date/Time: September 9, 2024, 1:00 p.m., EST Battle Creek, Michigan, USA

Required Physical Inspection Period Begins Aug 19-29. Inspection appointment request must be to Sales Point of contact no later than 3 business days prior to requested date.

Sales Point of Contact (SPOC) Anniston:

Chris Pearson, christopher.pearson@dla.mil , 256-676-2710

Jason Tubbs, Jason.tubbs@dla.mil , 256-676-2841

Sales Contracting Officer: Andrew Wood

EMAIL: Andrew.J.Wood@dla.mil

PHONE: 269-961-4884

Alternate Sales Contracting Office: Todd Koleski

EMAIL: Todd.Koleski@dla.mil

PHONE- 269-961-5993

mailto:christopher.pearson@dla.mil mailto:Jason.tubbs@dla.mil mailto:Andrew.J.Wood@dla.mil mailto:Todd.Koleski@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1: IFB Item Number Details:

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

A.6 Packing:

A.7 Loading and Removal:

A.8 Downsizing A.9 Inspection:

A.10 Title:

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 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Pre-Award Survey:

D.10 Environmental Responsibility Determination (ERD):

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

D.12 Contract Award:

D.13 Post-Award Conference:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

E.6 Insurance and Bond Contract Requirements:

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 Standard Form (SF) 364 Report of Discrepancy (ROD):

H.11 Notice of Default:

H.12 Response to Notice:

H.13 Termination for Default:

I COMPLIANCE WITH GOVERNMENT REGULATIONS

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

J PURCHASER RESPONSIBILITIES

J.1 Scrap Yard Activity:

J.2 Letter of Authorization (LOA):

J.3 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

J.4 Purchaser Use of Sub-Contractors:

K CONTRACT COMPLIANCE, AUDITS AND REVIEWS

K.1 Compliance with Applicable Laws and Regulations:

K.2 Licenses and Permits:

K.3 Duties of Care and Loyalty:

K.4 Prohibited Activities:

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

K.6 Post award inspections:

K.7 Purchaser Record Retention:

K.8 Inspection of Records and Workplace by Government:

K.9 Compliance Notification:

K.10 Contracts with Third Parties:

L DISPUTES AND CLAIMS

L.1 Disputes:

L.2 Alternative Dispute Resolution (ADR):

M MISCELLANEOUS PROVISIONS

M.1 Binding Effect:

M.2 Notices:

M.3 Severability:

M.4 Headings:

M.5 Survival:

M.6 Waiver:

M.7 Force Majeure:

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

M.9 Tense and Gender:

M.10 Entire Agreement and Modification:

M.11 Computation of Time:

M.12 Electronic Communication:

M.13 No Reimbursements:

M.14 Market, Resale and/or Export:

N GOVERNMENT REQUIRED REPORTS

N.1 Government Use of Purchaser Reported Information:

N.2 Performance Measure Requirements and Reports:

O ADDITIONAL CONTRACT ADVISEMENTS

O.1 Public Law Pertaining to Location Operations:

O.2 Public Law Pertaining to Material:

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

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

O.5 Refrigerant:

O.6 Ozone Depleting Substances:

O.7 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

P DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a one-time sale contract for purchase of metallic and non-metallic scrap through this Invitation for Bid (IFB). This IFB consisting of three lots of obsolete oil production equipment. Each LOT/CLIN will consist of a three-month performance period requiring payment to be submitted in full 14 business days prior to start of performance on each LOT/CLIN (ref.

Section H.1payment. Bidders are required to inspect property in person to fully understand scope of work, material, and equipment required for removals (ref. Section A.8 Inspection and Sections D.4-D.8 Bidding).

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 in order to register for enrollment in the Defense Biometric Identification System (DBIDS).

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:

Obsolete oil production equipment (Metallic and Non-metallic scrap) located at Anniston Army Depot, Anniston, AL.

The Government considers the Purchaser to be the Subject Matter Expert (SME) on making the determination for the disposition of property included in this sale. The Purchaser agrees to indemnify and hold harmless the Government for any liability resulting from resold or repurposed property. See attached spreadsheet “IFB 33-4044 Property by location_clin” for list of property included in the sale. The list may not be all inclusive and subject to minimal change and variation. Property includes a wide range of items but not limited to: Butterfly valves (up to 48”), ball valves (up to 48”), check valves, pump units, meters, pipes, gauges, control panels, containers, etc. (see attached spreadsheet “IFB 33-4044 Property by location_clin”) 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.4 Table 1: IFB Item Number Details:

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

Item Material Code Total

QTY

(LOT)

ESTIMATED

WEIGHT

(LBS.)

ESTIMATED

LINE ITEMS

(EA.)

ESTIMATED

ACQUISITION

VALUE

10 DSLOTE1LA (TEST TRACK) 1 4,8000,000 1209 $34,600,000

20 DSLOTE1LA (BLDG 39/40) 1 17,000,000 218 $15,000,000

30 DSLOTE1LA (TANK FARM) 1 11,600,000 9,819 $11,600,000

NOTE: Estimated weight and acquisition value based primarily on manufacturer data. Weight and line items are not guaranteed, numbers are only estimated.

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

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

CLIN MATERIAL SCL DESCRIPTION

10 DSLOTE1LA E1L

Mixed metal scrap (unobtainable weight):

Obsolete Oil production equipment including but not limited to: Butterfly valves (up to 48”), ball valves (up to 48”), check valves, pump units, meters, pipes, gauges, control panels, containers, etc. (see “IFB 33-4044 Property by location_clin”)

20 DSLOTE1LA E1L

Mixed metal scrap (unobtainable weight):

Obsolete Oil production equipment including but not limited to: Butterfly valves (up to 48”), ball valves (up to 48”), check valves, pump units, meters, pipes, gauges, control panels, containers, etc. (see “IFB 33-4044 Property by location_clin”)

30 DSLOTE1LA E1L

Mixed metal scrap (unobtainable weight):

Obsolete Oil production equipment including but not limited to: Butterfly valves (up to 48”), ball valves (up to 48”), check valves, pump units, meters, pipes, gauges, control panels, containers, etc. (see “IFB 33-4044 Property by location_clin”)

NOTE: Description is for administrative purposes. Property is described on spreadsheet “IFB 33-4044 Property by location_clin” and must be physically inspected by bidder.

A.6 Packing:

Property is loose on the ground, packaged and unpackaged, wooden boxes, crates, metal skids, and on pallets which will be included in sale.

A.7 Loading and Removal:

Monday-Friday 7:00AM-2:00PM Central Standard Time (CST) excluding federally recognized holidays. Purchaser will provide all necessary personnel, equipment, and transportation for loading and removal of all property.

Government representative will be present during all removal operations and will direct workflow/property removals. Government representative will annotate equipment removed based on spreadsheet “IFB 33-4044 Property by location_clin.” Government will provide a copy of spreadsheet upon request and/or after all removals are completed for each CLIN. Purchaser and Government representative will sign the bottom of each spreadsheet confirming all property has been removed.

CLIN 10 Test Track- Government assistance is not available for any loading and removal operations. MHE must be capable of lifting 60,000 lbs. and/or able to downsize to be loaded on purchaser provided conveyance. Appropriate fire watch and firefighting equipment must be provided by the purchaser. Hot work permit must be approved by Host prior to start of work. DOWNSIZING IS AUTHORIZED BUT NOT REQUIRED.

CLIN 20 Bldg. 39/40- Government assistance is not available for any loading or removal operations. MHE must be capable of lifting 60,000 lbs. and maneuver in warehouse space with limited operating room. Additional MHE will be required for loading onto purchaser provided transportation/conveyance. DOWNSIZING NOT AUTHORIZED

FOR THIS CLIN.

CLIN 30 Tank Track- Government assistance is not available for any loading and removal operations. MHE must be capable of lifting 60,000 lbs. and/or able to downsize to be loaded on purchaser provided conveyance. Hot work permit must be approved by Host prior to start of work. DOWNSIZING IS AUTHORIZED BUT NOT REQUIRED.

A.8 Downsizing Purchaser is authorized to downsize material (CLIN 10 and 30 only) to the point the material can fit into the Purchaser’s conveyance in accordance to specifications provided by the base/installation. Purchaser is responsible for any required actions for completion of the downsizing (e.g. utilizing containment for residues from cutting/grinding) and any cleanup requirements for turning the site back over to the base/installation. This includes removal of residues or any l spills that may arise from the downsizing and/or removal process. Spill kits, dry sweep/oil absorbent, containment and removal of debris and all costs associated to the cleanup are the responsibility of Purchaser.

Pick up location’s:

Anniston Army Depot 7 Frankford Ave Anniston, AL 36201

A.9 Inspection:

On August 19-29, 2024, bidders must schedule a property inspection appointment to submit a responsive bid.

Requests must be made no later than no later than 3 business days prior to requested date, specifying the desired day for property inspection. Bidders will sign in with (SPOCs) and will be escorted to visit the three locations.

Bidder must be legally allowed on Military installations. Bidder must have two forms of identification to gain access to the installation. Bidder should wear protective shoes at site.

A.10 Title:

Title will pass to Purchaser when the inventory spreadsheets has been signed by both the Purchaser and the Government. Any property not removed during the performance period, or any authorized extensions, title will revert to the USG regardless of whether the property has been fully paid.

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.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in Agency’s 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: 12, 13(c), 28, 29 &

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: Does not apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed – Term Conditions: All Conditions apply except: 5

C.5 SBR Part 5:

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

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

C.6 SBR Part 6:

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

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

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except: A, B, D, F, G, H, I, J, K, L, M, N, O, P, 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 Purchaser’s bid shall consist of an amount per unit of issue (LOT) 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 (LOT). For example CLIN 10 unit of issue is one LOT, the LOT consists of an estimated 1209 items. Prospective bidder will bid for the entirety of one LOT.

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 Agency’s sales contract. AHBs 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 and SF114A. Bidder shall enter bid as a price per unit of issue. Minimum bid per CLIN is $500,000.

The bidder awarded this contract will be awarded all Contract Line Items Numbers (CLINs) or none of the Items.

Bidders must place a bid on each individual Item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each Item 14 business days prior to start of removal for each CLIN.

The highest priced cumulative bid will be determined by each bidder’s total contract price identified in the “total amount” on the SF114. “Total Amount” block on the SF 114 will be equal to the cumulative total from all CLINs from column “Total Price Bid” on the SF 114A.

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

For illustrative purposes, if the four items advertised for sale in the IFB are LOTS, CLIN 1- 1 LOT., CLIN 2- 1 LOT., and CLIN 3- 1 LOT. Bidder A bids- CLIN 1 $1,000,000, CLIN 2 $2,000,000, CLIN 3- $1,500,000. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount” equals $4,500,000 for all CLINs awarded. 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

mailto:DRMSSALESBIDS@DLA.MIL

D.4 A Responsive Bid:

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

• SF114 completed and signed. Bidder must check “Property was inspected.” Confirmation of inspection will be confirmed by sign in log at DLA Disposition Services Anniston.

• SF114A.

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

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 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.7 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.C § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid inclusive of all lines unless a determination is made to reject the bid under 41 CFR § 102-38.205. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $4,500,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $4,600,000.00 “Total Amount,” then Bidder B is the apparent high bidder since he/she would have the highest total amount priced responsive bid.

D.8 Ineligible Bidder:

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

• Eligibility for award requires that you have personally inspected the property, failure to do so will disqualify you for from consideration.

• 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 https://sam.gov/ 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.9 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The Pre-Award survey may be conducted at the AHB’s facility. The Pre-Award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

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

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

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

D.10 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the Statement of Intent. Do not list downstream recipients of processed property.

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

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

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

D.11 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 meet the terms and conditions and can comply with the applicable Federal, state and local laws, ordinances and regulations.

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

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

https://www.trade.gov/data-visualization/csl-search

Whenever requested by the SCO to furnish information regarding the actual disposition made of the property awarded to the Purchaser, the Purchaser agrees to furnish the requested information within 30 calendar days after the date of the request.

D.12 Contract Award:

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

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 ten business days of the Statement.

When payment is posted and confirmed by the SCO; and all other vetting has been completed, the official signed Notice of Award will be sent to the Purchaser. At this time the post award conference for the start of work meeting will be scheduled.

D.13 Post-Award Conference:

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

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.

E.6 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.

F CONTRACT PERFORMANCE

F.1 Performance Period:

The performance period of the contract resulting from the IFB shall consists of a 3-month base period for each CLIN. The contract also contains an available one-month extension period that may be offered at the SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract. In the event the extension is utilized, the SCO shall advise the Purchaser in writing 30 calendar days prior to the expiration of the current performance period. The entire length of the contract, if all extensions are used, shall not exceed 1 year.

CLIN 10- 3-month performance period with available 1 month extension. All removals must be completed prior to starting removals for CLIN 20.

CLIN 20- 3-month performance period with available 1 month extension. All removals must be completed prior to starting removals for CLIN 30.

CLIN 30- 3-month performance period with available 1 month extension.

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. 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 PAYMENTS

G.1 The Billing Cycle:

The Billing Cycle runs from the 25th to the 24th. The systemic billing process runs on or about the 24th of each month at 11:59 pm EST. Purchaser will be billed at the start of each performance period (i.e. only three bills will be processed, one bill per CLIN/LOT).

For illustrative purposes, if Purchaser A won the award of contract line item 10 for DS000E1LA and had bid $4,500,000 for this contract line item, Purchaser A will receive a bill within the first 30 days of performance and payment will be applied that has been previously submitted. Payment for CLIN 20 would then be required 14 days prior to start of work on CLIN 20. If it takes the full 90 days to complete removals for CLIN 10, payment for CLIN 20 would be required within 76 days of contract award. Payment for CLIN 30 would be required 76 days after removals start for CLIN 20.

Full payment for all three CLINs may be made in one lump sum payment, which is highly encouraged, or as defined above. Payments will be applied to bill generated for each CLIN.

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 30 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S. Code. After 30 calendar days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; you will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 calendar days delinquent.

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

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

• The debt may be reported to a credit bureau.

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

• The debt may be referred to the Department of Justice for litigation. In such 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 by LOT for each location. The Agency has established three field locations where property is located at Anniston Army Depot.

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 https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217 sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

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 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 receipt 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.11 Notice of Default:

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.12 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.13 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.