IFB 33-5060_Columbus_E1MB_One-Time.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

DEMILITARIZATION/MUTILATION AS CONDITION OF SALE (DCOS/MCOS) SCRAP RESIDUE

SALE

IFB 33-5060

SEALED BID

ONE TIME SALE

FOR

DLA Disposition Services Columbus

Property located at:

Grayling Air Gunnery Range, Frederic, MI

Offer Closing Date/Time: 05 February 2026, 1:00 p.m., local time Battle Creek, Michigan, USA

Inspection Period Begins: 06 January 2026 See section A.8 Inspections. By appointment only

Sales Contracting Officer Adam Hughston

EMAIL: Adam.Hughston@dla.mil

Sales Specialist: Mike Card

EMAIL: Michael.Card@dla.mil

DLA Disposition Service Columbus Points of Contact (POC)

Primary POC Carrie Fenner

Email Carrie.Fenner@dla.mil

Phone 269-986-4381

Alternate POC Tracey Person

Email Tracey.Person@dla.mil

Phone 614-674-2904

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\Removal:

A.8 Inspection:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

B.3 Training

B.4 Demilitarization/Mutilation Operations:

B.5 Equipment:

B.6 Meetings:

B.7 Personal Protective Equipment (PPE):

B.8 Inventories:

B.9 Certifier/Verifier:

B.10 Demilitarization/Mutilation Timeframe:

B.11 Military Markings:

B.12 Title:

B.13 Downsizing

B.14 Hazards:

B.15 Spill Responsibility:

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.9.1 Environmental Responsibility Determination (ERD):

D.10 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.11 Contract Award:

D.12 Start of 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 FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Deposit:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Termination for Default:

G.5 Records:

H DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of Late or Short Payments:

I AUTHORIZED AND UNAUTHORIZED MATERIAL

I.1 Classified Material:

I.2 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.3 Radioactive Property:

I.4 Hazardous Property:

I.5 Foreign Attachment

I.6 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.7 Notice of Default:

I.8 Response to Notice:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

J.2 Disposition and Use of Property:

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Letter of Authorization (LOA):

K.4 Purchaser will not be allowed to sell material at Agency locations:

K.5 Purchaser Use of Subcontractors:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

L.2 Requirement for Purchaser to use Purchaser owned MHE:

L.3 Government Furnished Equipment (GFE): ................................................ Error! Bookmark not defined.

M CONTRACT COMPLIANCE, AUDITS AND REVIEWS

M.1 Compliance with Applicable Laws and Regulations:

M.2 Duties of Care and Loyalty:

M.3 Prohibited Activities:

M.4 Purchaser’s Cooperation in Investigations/Audits/Compliance Reviews:

M.5 Purchaser Record Retention:

M.6 Inspection of Records and Workplace by Government:

M.7 Compliance Notification:

M.8 Contracts with Third Parties:

N DISPUTES AND CLAIMS

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

O.2 Notices:

O.3 Severability:

O.4 Headings:

O.5 Survival:

O.6 Waiver:

O.7 Force Majeure:

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

O.9 Tense and Gender:

O.10 Entire Agreement and Modification:

O.11 Computation of Time:

O.12 Electronic Communication:

O.13 No Reimbursements:

O.14 Market, Resale and/or Export:

P GOVERNMENT REQUIRED REPORTS

P.1 Government Use of Purchaser Reported Information:

Q ADDITIONAL CONTRACT ADVISEMENTS

Q.1 Public Law Pertaining to Location Operations:

Q.2 Public Law Pertaining to Material:

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

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

Q.5 Refrigerant:

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

R DEFINITIONS

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering for sale, scrap residue derived from the Mutilation and/or Demilitarization of controlled property, currently estimated at 2,550,000 lbs. Scrap property is defined as: “Recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable USML or CCL items, components, and parts are not scrap”.

A Mutilation/Demilitarization Condition of Sale (MCOS/DCOS) contract requires property to be processed prior to title transfer. A Government representative will oversee processing of property. This contract will consist of on-site processing at the pick-up location identified in this IFB. The term or period of performance is April – May 2026 timeframe.

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 (AHB) or their agent shall be required to obtain base access through the host installation. The local location will be able to provide information on how to obtain base access. Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser is performing requirements under this IFB and the resulting contract.

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

(DBIDS).

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

A.2 Useful Websites:

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

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

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

A.3 Item Description:

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

Property stream may consist of, but is not limited to, metallic and non-metallic scrap coming from a Department of Defense (DoD) Range. Range residue is property placed on a live fire range that has been fired upon but has been certified as safe through a DoD process known as Material Documented as Safe (MDAS). All property listed in this sale may include but not limited to, practice bombs, expended artillery, small arms and mortar projectiles, aircraft bombs and missiles, rockets and rocket motors, hard targets, grenades, incendiary devices, experimental items, demolition devices, berms, and any other material fired on, or upon a military range.

Practice bombs and similar items of all types loaded with inert filler to simulate a service item may be found on the Range. These items must have the fuse and/or spotting charge removed prior to disposal actions. For inert loaded items (concrete, sand, plaster), a potential explosive safety hazard exists when the internal filler is not exposed or unconfined during burning, melting, or cutting. Heat generated from a DEMIL process can cause the filler, moisture, and air to expand and burst sealed casings. For this reason, disposal activities shall not accept inert loaded items unless the internal filler is exposed and unconfined. The internal filler may be exposed by removal of the fuse well from the cavity, removal of base plates, or by puncturing or drilling holes in the bomb casing.

Material may include urban combat range simulation items, aircraft fuselages and parts, rotary aircraft and parts, tanks and parts, commercial/military vehicles and parts, trailers, CONEX, shelters, buildings (mobile), training bombs and a variety of other items used for range targets. Scrap residue may include, but is not limited to, aluminum, titanium, steel, copper, brass, composite and/or synthetic materials, ceramics and/or natural or synthetic polymers, rubber products, wood, covers, concrete and/or cellulose based items, attachments or fillers from munitions residue and a variety of other materials. The DEMIL Codes associated with this property are B, D and Q.

Purchaser may also receive approved DEMIL G property with MDAS certificate and DEMIL P property with declassification certificate.

Purchaser is advised to take pictures and document the work area that you will be using to perform the work described in this IFB. Purchaser will be responsible for ensuring the worksite is kept clean at all times.

Range residue property is considered as Material Potentially Presenting an Explosive Hazard (MPPEH) until MDAS certified. Trained and qualified Government appointed representatives have inspected and certified all material as MDAS. All material will be certified as MDAS before Purchaser is allowed or required to handle it for processing.

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

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

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

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

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

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

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

PURCHASE OF THIS MATERIAL.

These pictures are for illustrative purpose only and may not be a current representation of items for sale, site location, or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid. The above pictures will be rendered to scrap residue by demilitarization and mutilation processes.

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

Over the duration of the performance period for this sale, the Government guarantees to issue the Purchaser a minimum total weight equal to the “Minimum Guaranteed QTY (LBS.)” identified per SCL listed in Table 1.

A.4 Table 1 IFB Item Number Details:

Item Material Bid QTY

(LBS.)

Minimum Guarantee d QTY

(LBS.)

Maximum Allowed

QTY (LBS.)

10 DS000E1MB 2,550,000 1,275,000 12,750,000

Note: The Bid QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government has not developed an estimate of the quantity to be offered. The Government guarantees only to tender the minimum quantities specified in Table 1.

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 DS000E1MB E1M

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

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

Note: Dummy Bombs are indicated by blue paint.

Items require Demilitarization or Mutilation processing.

The material listed in Table 2 above will be comprised of the following:

DEMIL D: This refers to a designation used by the U.S. Department of Defense (DoD) to categorize certain types of equipment, materials, or technologies based on their level of sensitivity and the requirements for their disposal or demilitarization. The term "DEMIL" stands for Demilitarization, which is the process of removing or destroying military-grade equipment or materials to ensure they cannot be reused for military purposes.

DEMIL B: This material is characterized by moderate military value, meaning they may have some potential for repurposing by unauthorized parties, but are less sensitive than those classified under DEMIL D. While DEMIL B items don’t require complete destruction like DEMIL D items, they still require demilitarization procedures to make them unusable for military purposes, such as disabling or modifying the equipment to prevent easy repair or repurposing. The destruction requirements for DEMIL B are less stringent than for DEMIL D but still ensure the items cannot be reused for military or strategic purposes. Examples of DEMIL B property include older or obsolete military equipment, machinery, or electronics that have residual military value but lack the sensitive technologies or capabilities found in DEMIL D items.

A.6 Packing:

All disposal costs, recycling of containers, pallets and dunnage material are the responsibility of the Purchaser. All military markings, data plates, and containers are to be destroyed. Items are loose on ground.

A.7 Loading\Removal:

Sunday-Saturday 6:00 AM-6:00 PM Eastern Standard Time (EST) excluding federally recognized holidays.

Property location is at Grayling Air Gunnery Range, 10930 Steelgate Rd, Frederic, MI 39735.

The Sales Point of Contact (SPOC) will contact the Purchaser by email with the removal request schedule. A minimum of 5 (five) trucks to a maximum of 10 trucks are required per day for removals due to the timeframe. Due to this being a range, loading and removal will be within a timeline during April-May timeframe. Period of Performance allowed for removals will be 30 days.

Purchaser will load containers and conveyances. Government assistance is not available. Only property that has been MDAS Certified and approved by verifier will be loaded. All MDAS material will be certified by EOD and, and EOD will be present during removals.

Material is consolidated in a fenced area on the range. The purchaser will need to be located within 100 miles of Grayling Air Gunnery Range.

A.8 Inspection:

Monday-Thursday 8:00 AM-2:30 PM Eastern Standard Time (EST) excluding federally recognized holidays.

Inspection is by appointment only. Contact the SPOC(s) to schedule a physical inspection on the dates listed below. A 2 (two) week notice is required if you are planning a site visit.

Bidders are highly encouraged to physically inspect the property and the site location prior to submitting their bid.

Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection for the purposes of bidding on this IFB only after coordination with the site and an appointment being scheduled.

Property location for inspection is Grayling Air Gunnery Range, 10930 Steelgate Rd, Frederic, MI 39735.

POC for in person inspection is:

Carrie Fenner Phone: 269-986-4381 Email: Carrie.Fenner@dla.mil

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

B.3 Training During the pre-award process the SCO will provide the Purchaser with “DEMIL Certifier” training material (MS PowerPoint or PDF version). Purchaser will retain the training certificate(s) and make them available to the Government within 24 hours upon request. Purchaser must complete training certificate and submit an appointment letter on company letterhead in accordance with (IAW) DoDM 4160.28 Vol 2 with the Certifier(s) name and signature to the SCO before work can begin.

B.4 Demilitarization/Mutilation Operations:

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

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

Purchaser is required to Demilitarize/Mutilate all property streams. No parts harvesting is authorized.

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

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

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

4160.28 Vol 2. The use of precision tools of ANY kind, including precision cutting tools, will not be permitted during the Demilitarization/Mutilation of this property.

B.5 Equipment:

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

Equipment may include, but is not limited to a shear, excavator with grapple, scrap knuckle boom, acetylene torch, plasma cutter and Personal Protective Equipment.

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

B.6 Meetings:

Purchaser’s Certifier and the Agency’s Verifier will conduct end of week meeting to coordinate/determine work schedule for the following week. A record of these meetings will be provided to the SCO for the contract file.

B.7 Personal Protective Equipment (PPE):

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

B.8 Inventories:

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

B.9 Certifier/Verifier:

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

B.10 Demilitarization/Mutilation Timeframe:

All Demilitarization performance will be completed prior to residue removal from DCOS site. The receiving process begins once the Agency’s Verifier and Purchaser’s Certifier complete the Kind Count (KC) process and the property has been turned over to the Purchaser for processing. Demilitarization Certificates will be completed for each item when verifier has confirmed processing has been completed according to Government requirements.

B.11 Military Markings:

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

B.12 Title:

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

B.13 Downsizing Purchaser is authorized to downsize material to the point the material can fit into the Purchaser’s conveyance in accordance with 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 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 with the cleanup are the responsibility of Purchaser.

B.14 Hazards:

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

B.15 Spill Responsibility:

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

C SALE BY REFERENCE (SBR)

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

Note: The following SBR Parts have been amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except: 2, 5, 8, 12, and 13

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: All Articles apply.

C.4 SBR Part 4:

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

C.5 SBR Part 5:

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

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: All articles apply except:

Article B, H, and I.

C.7 SBR Part 7:

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

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

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

The Purchaser will perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered. There shall be no reimbursement to the Purchaser under this contract except for the limited circumstances related to reimbursement of actual expenses incurred for return of property directed by the Government. The Government is not responsible for any indirect, inconsequential, or completeness (through assumption of sales value, act, or omission of factors) 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 not to exceed five (5) decimal places (example 0.01005). Minimum bid is $0.00001 per unit of issue. Multiply your bid price by the quantity indicated in the “Bid QTY” column advertised to calculate your extended bid amount.

If Table A.4 contains multiple Contract Line-Item Numbers (CLINs), the bidder awarded this contract will be awarded all Contract Line Items Numbers (CLINs) or none of the Items. Bidders must place a bid on each individual Item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each Item upon removal based on weight.

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

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

For illustrative purposes, the example IFB has four (4) items advertised for sale and they are being sold by weight (LBS), CLIN 1- 500,000 lbs., CLIN 2- 1,000,000 lbs., CLIN 3- 2,500,000 lbs., and CLIN 4- 150,000. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.02, CLIN 3- $0.02, CLIN 4 $0.20. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount” equals $150,000 for all CLINs. Do not email bids or call-in bids directly to the SCO. Email bid to: dla.sales@dla.mil

EXAMPLE 1: SF 114A

EXAMPLE 2: SF 114

D.4 A Responsive Bid:

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

SF114 completed and signed.

SF114A

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

D.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:

A bid can be modified 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 is 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

545 but may be considered by the SCO 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 $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the AHB since he/she would have the highest total amount priced responsive bid.

D.8 Ineligible Bidder:

Bidder will not be eligible for award if they are:

Officially indebted to the Government.

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

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

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

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

D.9 Pre-Award Survey:

The Agency will conduct a pre-award survey of only the AHB. The SCO will provide notification that you are the

AHB.

The End Use Certificate (EUC) DLA Form 1822, SOI DLA Form 2536, FAR Clause, and Certifier training will be included in the notification. A Trade Security Contract Assessment will be made by Agency personnel. The SOI must have parts 1-6 completed and signed. Complete the EUC according to the instructions provided and sign.

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

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

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

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

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

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

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

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

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

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

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

D.9.1 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 IFB, SOI, federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the SOI. Do not list downstream recipients of processed property.

DLA Environmental Support Branch may perform a cursory review of transporters based on the type of material(s) included as part of the sale. Certain commodities may require special licensing or permitting for transport based on state regulations. The AHB will be responsible for ensuring that transporters meet those regulations.

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 a Purchaser desire to use an alternate or additional destination at any time during the performance period, the 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.

The purchaser is responsible for providing copies of the required permits and/or registration numbers for downstream processing locations for the ERD. Environmental permits required for this IFB include but are not limited to:

- Industrial Stormwater Permit for downstream processor of scrap metal.

D.10 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 subcontractor) to perform the work specified in this contract and can comply with the applicable federal, state, and local laws, ordinances, and regulations.

D.11 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 AHB, you will receive a Statement indicating the amount of payment due. Submit payment within three (3) business days of the Statement (An extension of up to 10 business days may be authorized by the SCO upon written request by the AHB that is submitted before the initial three

(3) business day suspense).

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

D.12 Start of Work Meeting:

The purpose of the meeting 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, and this will constitute the official award of the contract to the AHB. 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, master-servant, employer-employee, general or limited partnership, or joint venture, between the Agency and the Purchaser.

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

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

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

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

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Deposit:

The Agency shall retain the payment until the completion of the contract closure period, no later than 120 calendar days after the end of the performance period. The payment shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the payment, without interest, to Purchaser at the completion of the contract closure process.

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser shall have a 30-calendar day performance period to demilitarize/mutilate the material specified in this IFB. There are no extensions available. The SCO may extend the removal period for extenuating circumstances beyond the control of the Purchaser. Any property that cannot be demilitarized/mutilated within the 30-day period, the Purchaser will be subject to penalties and charges IAW SBR Part 2, Article 9.

G.2 Regulatory Compliance:

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

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

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

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

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

G.3 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a Government representative.

All Bidders/Purchasers are advised that they must comply with all applicable federal, state, and local laws, ordinances, regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.4 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). If the Purchaser did not receive notice of its’ appeal rights with the letter terminating its contract for default, the following rights apply:

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 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 identify 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.

G.5 Records:

Unless otherwise provided in this contract or by statute, the Purchaser shall maintain all records and documents relating to the terminated portion of this contract for six (6) years after final settlement. This includes all books and other evidence bearing on the Purchaser’s costs and expenses under this contract. The Purchaser shall make these records and documents available to the Government, at the Purchaser’s office during normal business hours without charge.