IFB_33-5071_Pentaerythritol.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

Pentaerythritol

IFB 33-5071

SEALED BID

Starting Bid Price: $100.00 USD

By

DLA Disposition Services

Offer Closing Date/Time: 01/19/2026 1:00pm EST

Inspection by photo only.

Sales Contracting Officer (SCO):

Jay Armstrong

EMAIL: jay.armstrong@dla.mil

A INTRODUCTION

A.1 Useful Websites:

A.2 Item Description:

A.3 Table 1: IFB Item Number Details:

A.4 Packing:

A.5 Removal:

A.6 Inspection:

A.7 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 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 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.11 Contract Award:

D.12 Post-Award Conference:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Payment:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

H PAYMENT INFORMATION

H.1 Types of Acceptable Payments:

H.2 Payment Confirmation:

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Classified Material:

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

I.3 Radioactive Property:

I.4 Hazardous Property:

I.5 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.6 Title Transfer:

I.7 Notice of Default:

I.8 Response to Notice:

I.9 Termination for Default:

J PURCHASER RESPONSIBILITIES

J.1 Purchaser Use of Sub-Contractors:

J.2 Contracts with Third Parties:

J.3 Material Handling Equipment (MHE):

K CONTRACT COMPLIANCE, AUDITS AND REVIEWS

K.1 Compliance with Applicable Laws and Regulations:

K.2 Duties of Care and Loyalty:

K.3 Prohibited Activities:

K.4 Purchaser’s Cooperation is Investigations/Audits/Compliance Reviews:

K.5 Post award inspections:

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

K.7 Purchaser Record Retention:

K.8 Inspection of Records and Workplace by Government:

K.9 Purpose and Content of Compliance Audits, Reviews and Further Reviews:

K.10 Methods and Procedures for Compliance Reviews:

K.11 Further Reviews:

K.12 Compliance Notification:

K.13 Costs of Oversight:

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

P DEFINITIONS

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a lot sale, through this Invitation for Bid (IFB), for three (3) 20-foot containers of Pentaerythritol. The Government will load, transport, and deliver containers to Purchaser’s Government approved processing facility at no cost to the purchaser.

This sale will only be awarded to a US based company that can meet the security and handling requirements of the Government, as specified in section(s) D.4 of this IFB. Material must be used in the continental United States in a manufacturing process that results in a material that renders the Pentaerythritol unusable in its raw form and therefore inert. Bidder must not be a broker and is required to be the end-user with experience in the processing and handling of this material. Bidder’s facility must be able to immediately accept all material upon award of contract.

Containers are included in the sale and Purchaser is required to take them as a condition of sale. These restrictions are imposed to mitigate trade security, export control, environmental, and Government risk concerns, and to ensure the material is processed in a manner consistent with the Government’s safety, regulatory, and public-interest obligations.

A.1 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx System for Award Management: https://sam.gov/ Bureau of Industry and Security: https://www.bis.gov/ U.S. Department of the Treasury: https://home.treasury.gov/ Consolidated Screening List Search Engine: https://www.trade.gov/data-visualization/csl-search Vessel/Container Tracking: https://www.vesselfinder.com/?imo=9309526

A.2 Item Description:

Pentaerythritol Synonyms: Tetrakis(hydroxymethyl)methane; 2,2-Bis-(hydroxymethyl)-1,3-propanediol.

A detailed lab analysis is available and will be provided upon request.

This material is not considered hazardous. See Safety Data Sheet (SDS) included with this offer for specific details.

CAS number below is provided strictly for material identification purposes.

The Government intends to deliver the entirety of the quantity available. This is a sale by lot, not by weight, the Government reserves the right to vary the quantity delivered by 10 percent.

A.3 Table 1: IFB Item Number Details:

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

Item Material CAS # Total QTY

(Lot*)

Pentaerythritol

115-77-5 1

One Lot = 3 containers, consisting of approximately 700 bags/container at 20 pallets per container

A.4 Packing:

The material is palletized, stored and transported in 3 individual 20-foot shipping containers. Each container will have 20 pallets. Shipping Containers are included in the sale.

A.5 Removal:

Government will load, transport and deliver containers to Purchaser’s facility. Purchaser must have capability to offload 20-foot shipping containers that may weigh up to 67,200 pounds maximum gross weight (MGW).

A.6 Inspection:

Physical inspection is not available. Representative photos are provided.

A.7 Loading:

Standard container dimensions are 20 feet long, 8 feet wide, and 8 feet 6 inches high (20L X 8W X 8.5H feet or 240L X 96W X 102H Inches). Storage area must be separated by physical barrier or space and identified as Government property until title transfer.

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. The inclusion of FAR provisions 52.204-24 and 52.204-25 is for statutory compliance purposes only and does not render this sale a procurement contract subject to the Federal Acquisition Regulation.

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 DLA Disposition Services pamphlet entitled the “Sale by Reference Instructions, Terms and Conditions Applicable to Department of Defense (DoD) Personal Property Offered for Sale by DLA Disposition Services”, published July 2012, are hereby incorporated by reference and become a part of this IFB and any contract resulting from acceptance of a bid submitted pursuant to this IFB as fully as though such instructions, terms and conditions had been specifically set forth herein:

The Terms and Conditions of this IFB supersede the Sales by Reference wherever conflicted.

Note: DRMS Form 1427 Notice of Award, Statement and Release Document has been redesignated as DLA Form 2541.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Conditions 2, 5, 7, 9, 8, 12, 13, 14

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except:

Conditions 4, 7, 8, 9, 10 11, 12, 13, 28, 29, 34, Modified Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: Does not 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:

Article A, E, F, G, H, I, J, K,L

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.

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except:

Articles A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, T, V, W, X, Y

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

The bid will consist of an amount per unit of issue specified in U.S. currency. Be advised certain risk factors could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions related to determining the bid.

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

D.2 Identification of Sales Purchaser:

Bidders should take care to ensure that their bid submission indicates whether they are submitting the bid as an authorized representative of a legal entity such as a corporation or limited liability company, or in their individual capacity or as owner of a sole proprietorship. The legal entity designated as the bidder on the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. 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 will use the SF114 document provided with this IFB to submit a bid. Bidder shall enter bid as a price per unit of issue not to exceed five decimal places (example 100.01005). Minimum bid is $100.00 per unit of issue. This is a Lot sale enter your bid for the lot in the “Total Amount” Block as indicated in the example below.

The bidder awarded this contract will be awarded all or none of the Items.

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. The awarded company must possess all appropriate licenses for storage and processing of the offered material. Award will not be made to a bidder who demonstrates a capability to store and process some, but not all, of the items listed in the IFB.

Do not email bids or call-in bids directly to the SCO. Email bid to: DLADSSalesBids@dla.mil

EXAMPLE 2: SF 114

D.4 A Responsive Bid:

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

SF114 completed and signed.

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

A business plan on the processing destination to include, but not be limited to, background/overview on the processing destination company, how the purchased material will be processed, what will be produced with the material, when the material is expected to be completely utilized, and who or what is the market for the product that the material was used,. This business plan will also list company name, site address, and EPA ID. Site POC and Regulatory POC will also be listed to include name, title, email, and phone number.

Copies of the destination’s business license, any up-to-date environmental permits (Solid Waste, Stormwater, Clean Air Act, Clean Water Act, RCRA Part B, etc.), and up-to-date insurance (General and Pollution) that authorize the storage and processing of the purchased material. If any of these documents are not required to store and process the purchased material, a written explanation with regulatory citation on why those documents are not required will be provided by the bidder as part of this response.

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:

To modify a bid, submit 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. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the apparent high bidder since he/she would have the highest total amount priced responsive bid.

D.8 Ineligible Bidder:

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

Officially indebted to the Government.

NOT a US based company with the intent to utilize material in CONUS 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 (link is currently being updated by GSA).

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 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.

D.11 Contract Award:

The SCO shall determine if each bid is responsive prior to award of the contract. It is the intention of the Agency to award the contract 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.

The following factors may be considered solely for purposes of determining bidder responsibility and capability to perform the contract requirements, and not as price evaluation factors:

Timetable for full utilization of material Intended Use Geographic location Storage conditions

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.12 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.

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Payment:

This is a one-time sale and requires payment in full prior to delivery. The Purchaser will receive a Notice of Award, Statement and Removal document (DLA Form 2541) indicating amount due. Payment instructions will be provided with the document.

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 indicated on the Notice of Award (DLA Form 2541).

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB shall consist of the timetable to fully utilize the material the AHB provided with their bid, not to exceed two (2) years from date of award. The SCO may extend the performance period for extenuating circumstances. Prior to the end of the performance period, a written request for extension must be received from the Purchaser detailing the circumstances beyond the control of the Purchaser that delayed performance. For purposes of this contract, ‘full utilization’ means completion of processing of all material received under the contract such that no remaining raw Pentaerythritol remains in the Purchaser’s possession.

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.

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.

H PAYMENT INFORMATION

H.1 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) or credit card (Master Card, Visa, Discover Card, and/or American Express).

Checks or other paper financial instruments such as personal checks, money orders, cashier’s checks, travelers checks, or bank drafts will NOT be accepted as a form of payment. 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.

H.2 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

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 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.

I.2 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.

I.3 Radioactive Property:

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

I.4 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.

I.5 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.

I.6 Title Transfer:

Title shall transfer with the DLA Form 1367 released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, upon delivery and receipt of property from Government to Purchaser’s facility.

I.7 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 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).

I.8 Response to Notice:

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

I.9 Termination for Default:

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

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

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

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

J PURCHASER RESPONSIBILITIES

J.1 Purchaser Use of Sub-Contractors:

Purchaser may sub-contract with other entities to perform the special terms and conditions of this IFB. All sub-contractors are required to be a US based entity with no ties to a foreign nation and shall be approved by the government and shall comply with all terms and conditions of this IFB. Sub-contractors shall be vetted through the same process as the Purchaser as described throughout this IFB. Failure of sub-contractors to perform the terms and conditions required under this sale are grounds for default and shall result in termination if not cured. The Purchaser’s contract with the sub-contractor must include Sales by Reference, Part 5, Article C, subparagraphs a through c. A copy of the contract will be provided to the SCO when sub-contractor is used.

J.2 Contracts with Third Parties:

Purchaser shall ensure that all contracts entered shall expire or terminate within each Performance Period. This means contracts with third parties shall expire or terminate no later than at the end of the base period of performance. If an option or extension is exercised, any contract with a third party shall end no later than at the end of said option or extension at that time in effect.

J.3 Material Handling Equipment (MHE):

When MHE is required, the use of MHE shall comply with all Federal, state, local requirements. When requested, Purchaser is required to provide documentation to the SCO that personnel are trained in accordance with 29 CFR

1910.178 to operate the MHE and shall ensure that all personnel possess the required licenses to operate the MHE.

All incidents, including near miss incidents involving operation of MHE shall be reported to the SCO during the performance period of the contract.

K CONTRACT COMPLIANCE, AUDITS AND REVIEWS

K.1 Compliance with Applicable Laws and Regulations:

Purchaser shall comply with the requirements of all applicable Federal, state, installation, and local laws, regulations, ordinances, directives and instructions connected with the performance of this contract, including without limitation such requirements pertaining to income and payroll taxes, environmental matters, occupational safety and health, and retention of business documents and records.

K.2 Duties of Care and Loyalty:

The Purchaser shall not cause or permit any action or omission while performing the contract that constitutes gross negligence, recklessness or intentional harm. Purchaser shall carry out their responsibilities under the contract with honesty, good faith and fairness toward the Agency.

K.3 Prohibited Activities:

Purchaser shall not undertake the following activities without written permission from the SCO, which permission may be granted or withheld by the Agency in the exercise of its sole discretion:

Enter a partnership, joint venture, or other arrangement where the purpose or effect is to engage indirectly in a transaction that would be prohibited by the provisions of this contract if undertaken by the Purchaser directly; or

Enter contracts or other arrangements that would assign all or a substantial portion of responsibility for and control of performance of the contract to another party or parties, without the prior written approval of the Agency which shall consider such request in accordance with the Assignment of Claims Act of 1940, as amended, 41 U.S.C. sec. 15, and the Government's best interest. In the event of any improper assignment without the written approval of the Agency, this contract shall be terminated at the option of the Government in the exercise of its sole discretion; or

File a voluntary petition seeking liquidation, reorganization, arrangement or readjustment, in any form, of its debts under Title 11 of the United States Code (or corresponding provisions of future law) or any other Federal or state insolvency law; file an answer consenting to or acquiescing in any such petition; make any assignment for the benefit of Purchaser’s creditors; or admit in writing Purchaser’s inability to pay its debts as they mature, without the prior written consent of the Agency.

K.4 Purchaser’s Cooperation is Investigations/Audits/Compliance Reviews:

Purchaser agrees to cooperate fully with all Federal, state and local authorities when informed by the Agency of an ongoing investigation, compliance reviews or audits. Purchaser agrees to provide the Agency with all requested information regarding material or information relating to the Purchaser’s buyers or sub-contractors. Purchaser shall make all sales records pertaining to such investigations available to the Agency at the earliest available opportunity but no later than three business days from the date of the request. Requests for information shall be provided in electronic format when possible. Purchaser personnel with knowledge of the particular subject matter shall be available to cooperate with any investigation, compliance review or audit. The Agency will not reimburse for any expense incurred to comply with Federal, state or local requirements. The Agency may provide an equitable adjustment for cost incurred to comply with new requirements within the scope of the existing contract.

K.5 Post award inspections:

The SCO or designated representative with or without notice may perform inspections on worksites, facilities, permits, licenses, financial and other business-related documents.

External auditors may select to audit records and processes related to this IFB and/or resulting contracts.

Monthly reconciliations of removals, billing, payment, and performance measures will be conducted, and results will be provided to the Purchaser by the SCO.

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

The Agency may request the Purchaser seek a review and analysis to be conducted by an independent audit firm mutually agreed upon prior to the onset of the audit. The scope of the audit may range from a single, specific concern to every aspect of contract performance. The Agency shall reimburse the Purchaser for the cost of the audit only. Employee hours or expenses incurred in preparation for, during, or after the audit will not be funded. The Agency will not reimburse for any expense incurred to comply with Federal, state or local requirements. The Agency may provide an equitable adjustment for cost incurred to comply with new requirements within the scope of the existing contract.

K.7 Purchaser Record Retention:

Purchaser shall maintain all records accurately and in a manner that shall allow clear and accurate auditing.

Purchaser shall make all books, records, documents and other supporting evidence available to satisfy contract administration and audit requirements by any Government agency identified by the SCO. Records shall be made available for six years after the last removal is concluded, or for such period as Purchaser, for its own purposes, retains its books, records, documents and other supporting evidence, whichever is longer.

K.8 Inspection of Records and Workplace by Government:

The Government has the right to audit the records and inventory to review Purchaser’s operations. The audit may consist of a complete or random sample examination.

K.9 Purpose and Content of Compliance Audits, Reviews and Further Reviews:

The Agency shall have the right to conduct Compliance Reviews of Purchaser. The Agency, other Government agencies or private firms shall conduct the compliance reviews, as the Government deems appropriate. The Agency shall also have the right to conduct Further Reviews as provided in the Further Review section. The purpose of such Compliance Reviews or Further Reviews is to determine, after the fact, the extent of Purchaser’s compliance with the terms and provisions of the contract and applicable Federal, state and local laws and regulations.

K.10 Methods and Procedures for Compliance Reviews:

Method: Compliance Reviews and Further Reviews including but not limited to examination of records, and, if necessary, personal interviews of persons who may have knowledge of facts regarding Purchaser’s compliance with the provisions of this contract, including employees or of any supplier or buyer.

Procedures: A Compliance Review shall be conducted at any time during normal business hours and on any business day. Purchaser shall permit inspection of any physical location used by the Purchaser, including but not limited to the inventory (including the associated records), examination of the records, making copies and abstracts, and discussions of the affairs, finances and accounts of Purchaser with any employee, subcontract attorney or certified public accountant of Purchaser. Purchaser shall produce any records identified by the Agency as necessary to support the review process and the Agency may maintain copies of all documentation/electronic files that support the review being conducted. The Agency will use its best efforts to assure that Compliance Reviews are conducted in a manner that does not unduly burden or unreasonably impact upon the efficient operation of the affairs of Purchaser.

Scope: The scope of Compliance Reviews shall be as necessary to confirm Purchaser's compliance with the provisions of the contract.

K.11 Further Reviews:

If a Compliance Review determines there is a reasonable basis to believe that a default or breach of this contract has occurred, the Agency, upon written notice to Purchaser, may conduct any such further investigation that it deems appropriate under the circumstances, using such outside consultants, including attorneys, as it deems necessary or advisable. Purchaser shall permit such persons, as are designated by the Agency, to visit and inspect any physical location used by the Purchaser, including, without limitation, the inventory (including the records), and to examine the records, make copies and abstracts, and discussion of the affairs, finances and accounts of Purchaser with any employee, subcontracting attorney or certified public accountant of the Purchaser. Notwithstanding the foregoing, if Purchaser gives written notice to the SCO stating that a Further Review is not justified, the SCO will delay the commencement of any such Further Review for a period of 14 calendar days after the delivery of its notice.

K.12 Compliance Notification:

After completing the Compliance Review and/or Further Review, the SCO shall notify Purchaser in writing of any breach or default identified during the Compliance Review and/or Further Review.

K.13 Costs of Oversight:

The Agency will pay all fees, costs and expenses the Agency incurred in connection with its Compliance Reviews and Further Reviews.

L DISPUTES AND CLAIMS

L.1 Disputes:

Any contract awarded from this sale is subject to the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109).

L.2 Alternative Dispute Resolution (ADR):

The parties agree to use their best efforts to resolve any disputes that may arise without litigation. If unassisted negotiations are unsuccessful, the parties shall use Alternative Dispute Resolution (ADR) techniques in an attempt to resolve the dispute. If the ADR is not successful, the parties retain their existing rights. If the Purchaser refuses an offer for ADR, the Purchaser shall inform the SCO in writing of the Purchaser’s specific reasons for rejecting the offer. Litigation shall only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

M MISCELLANEOUS PROVISIONS

M.1 Binding Effect:

Subject to the restrictions on transfers and encumbrances set forth, this contract shall ensure to the benefit of and be binding upon the Agency and the Purchaser and their respective legal representatives, successors and assigns.

Whenever this contract refers to any party, such reference shall be deemed to include a reference to the legal representatives, successors and assignees of such party.

M.2 Notices:

All notices, demands, requests, consents, approvals, declarations, reports and other communications required with regard to this contract shall be in writing except as otherwise provided and addressed to the SCO.

M.3 Severability:

If any provision of this contract or the application to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this contract and the application of such provisions to other persons or circumstances shall not be affected and the intent of this contract shall be enforced to the greatest extent permitted by law. The SCO may in the exercise of his/her sole discretion cause termination by notice served within 30 calendar days of the date upon which such judgment becomes final, such termination to be effective five calendar days after the date of service of such notice.

M.4 Headings:

The headings appearing in this contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of any article or section of this contract.

M.5 Survival:

The rights and obligations of the parties under this contract shall survive for a period of six years after the completion of the performance period.

M.6 Waiver:

No consent or waiver expressed or implied, by any party to or of any breach or default by any other party in the performance by such other party of its…