IFB 33-6002_Columbus_Fuel.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

SOLICITATION OF OFFERS FOR SALE OF

OFF-SPEC JET AVIATION FUEL

IFB 33-6002

SEALED BID

ONE TIME LOT SALE

Start Price $1.00

Pricing Method: Per LOT price

For

DLA Disposition Services Columbus, OH at

Wright Patterson AFB, OH

Offer Closing Date/Time: 02/11/2026, 1:00 p.m., EST

Inspection Period Begins: 02/03/2026, 9:00 a.m., EST

Sales Contracting Officer: Jay Armstrong

EMAIL: jay.armstrong@dla.mil

Sales Point of Contact (SPOC): Tracey Person

EMAIL: tracey.person@dla.mil

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES HEADQUARTERS

74 Washington Ave. North

Battle Creek, Michigan 49037-3092

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 IFB Item Number Details:

A.5 Packing:

A.6 Removal:

A.7 Inspection:

A.8 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 Where to Submit Bid:

D.5 A Responsive Bid:

D.6 When to Send Bid:

D.7 How to Modify/Cancel Bid:

D.8 Bid Acceptance Period:

D.9 Bid Evaluation:

D.10 Ineligible Bidder:

D.11 Pre-Award Survey:

D.11.1 Pre-Award Survey May Include but Is Not Limited to The Following:

D.11.2 Environmental Responsibility Determination (ERD):

D.11.3 Alternate or Additional Destination:

D.12 Necessary Licenses, Permits and Certifications Shall Be Reviewed:

D.13 Contract Award:

D.14 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 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Right to Appeal:

G.5 Records:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Consequences of Late or Short Payments:

H.4 Payment Confirmation:

..... PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL BREACH

I

I.1 Material Referral:

I.2 Classified Material:

I.3 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.4 Radioactive Property:

I.5 Hazardous Waste:

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

I.7 Title Transfer:

I.8 Notice of Default:

I.9 Response to Notice:

I.10 Termination:

J PURCHASER RESPONSIBILITIES

J.1 Local Laws:

J.2 Training:

J.3 Spills:

J.4 Treatment of Hazardous Waste (Including Solidification):

J.5 Mark, Label, and Placard:

J.6 Tax or Penalty:

J.7 Letter of Authorization (LOA):

J.8 Purchaser Awareness of the Agency’s Environmental Management System (EMS):

J.9 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

J.10 Purchaser’s Use of Subcontractors:

J.11 Storage Charges

J.12 Disposition and Use of Property:

K PURCHASER OWNED EQUIPMENT

K.1 Material Handling Equipment (MHE):

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

L CONTRACT COMPLIANCE, AUDITS AND REVIEWS

L.1 Compliance with Applicable Laws and Regulations:

L.2 Licenses and Permits:

L.3 Duties of Care and Loyalty:

L.4 Prohibited Activities:

L.5 Purchaser Record Retention:

L.6 Records Maintenance:

L.7 Purchaser’s Cooperation in Investigations/Audits/Compliance Reviews:

L.8 Inspection of Records and Workplace by Government:

L.9 Contracts with Third Parties:

M DISPUTES AND CLAIMS

M.1 Disputes:

M.2 Alternative Dispute Resolution (ADR):

N MISCELLANEOUS PROVISIONS

N.1 Binding Effect:

N.2 Notices:

N.3 Severability:

N.4 Headings:

N.5 Survival:

N.6 Waiver:

N.7 Force Majeure:

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

N.9 Tense And Gender:

N.10 Entire Agreement and Modification:

N.11 Computation of Time:

N.12 Electronic Communication:

N.13 No Reimbursements:

N.14 Market, Resale and/or Export:

N.15 Government Liability:

O GOVERNMENT REQUIRED REPORTS

O.1 Government Use of Purchaser Reported Information:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Public Law Pertaining to Location Operations:

P.2 Public Law Pertaining to Material:

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

P.4 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

P.5 Agency Remedies for Breach by Purchaser:

Q Special Advisements for Hazardous Material

Q.1 Advisements:

R DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services Columbus is offering a one-time Public Sales contract for the sale of off-spec turbine aviation fuel through this Invitation for Bid (IFB). The Government intends to tender fuels that are not considered solid waste per 40 CFR 261.2(c)(2)(ii)).

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

A.2 Useful Websites:

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

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

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

A.3 Item Description:

OFF-SPEC JET AVIATION FUEL: UN1863 Fuel, aviation, turbine engine, mixture of Jet A (D-2), JP-10 (D-3), RP-2

(D-1), DOT HAZ CLASS 3, PG III

The product is offered as a removal for one (1) LOT of Off-Spec Jet A Fuel. The quantity is defined by Table 1, where “Current Qty (GAL)” represents the tank’s existing contents, and “Maximum Qty (GAL)” specifies the tank’s rated storage limit. Submit your bid based on the “Current Qty” amount. You will be required to remove the entire contents of the tank, from 3,185 up to 6,000 gallons for this one-time removal.

Table 1:

State Site Item Material Current Qty

(GAL)

Maximum Allowed Qty

(GAL)

OH Wright-Patterson 1 Off-Spec Jet A Fuel

3,185 6,000

Note: The Government has not developed an estimate of the quantity to be offered. The Government guarantees only to tender the current quantity specified in Table 1.

A.4 IFB Item Number Details:

The fuels listed in this IFB are being sold for energy recovery only in accordance with the RCRA exemption found at 40 CFR 261.2(c)(2)(ii). The fuel will only be sold to purchasers that can demonstrate the ability to comply with all local, state, and federal laws governing the use of off-specification fuels for energy recovery.

The used turbine aviation fuel being advertised for sale in this IFB may/will have contamination that may include water and/or fuel oils from aircraft maintenance. Upon request from the Purchaser, the Generator will provide a profile for each tank prior to the tank contents being removed to ensure the fuel can be sold for energy recovery. The tank profile may reference generator knowledge or analysis. The Purchaser may, at their own expense, obtain a small sample for lab analysis/test. 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 contract performance in accordance with all federal, state, local laws, and regulations and in accordance with the terms of this contract. This also applies to subcontractor(s).

Lab analysis is available from the custodian and will be made available to the Bidder/Purchaser upon request. The Bidder/Purchaser may, at their own expense, obtain a small sample for lab analysis/test. 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 contract performance in accordance with all federal, state, local laws, and regulations and in accordance with the terms of this contract. This also applies to subcontractor(s).

40 U.S.C. Chapter 5 relates to Public Sale of U.S. Government Personal Property and falls under the purview of General Services Administration (GSA) authority under 41 CFR 102-38 and covers U.S. Government personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. This IFB is not governed by the Federal Acquisition Regulation (FAR).

This IFB is for a firm fixed price Public Sales contract where the bid price is expressed in U.S. dollars/cents per advertised unit of issue. DLA Disposition Services (hereinafter “Agency” or “Government”) expects the Purchaser to perform all requirements under this contract at the bid price provided by the Purchaser.

Intent to export this fuel outside of the U.S. for reclamation is not authorized under this sale. Potential high bidders listing destinations in their statement of intent (SOI) that are outside of the U.S. will not be considered responsive bidders and their bids will be rejected.

A.5 Packing:

Fuel is stored in a 6,000 gallon underground storage tank.

A.6 Removal:

Monday-Friday 9:00AM – 3:00PM EST. Excluding federally recognized holidays.

The SPOC will notify the Purchaser of required removal by email.

Note: The purchaser will ensure the SPOC receives a copy of the shipping paperwork at time of removal to validate the shipping destination is the authorized destination listed in the purchaser’s SOI.

The Purchaser must respond and provide a scheduled removal date within five (5) business days of the email notification from the DLA Disposition Services SPOC. Purchaser must act in good faith to have requested property removed within scheduled removal date agreed upon in initial email from DLA Disposition Services SPOC. If agreed upon dates must change, prior approval must be granted by SCO prior to rescheduling. Agreed upon removal times will not exceed 14 business days.

The date and time stamp in the Government’s email to the Purchaser for notifying the Purchaser of the removal or the Government’s date and time stamp of an email received from the Purchaser objecting to a removal will be the sole documentation utilized to determine adherence with notification requirements within this contract.

A.7 Inspection:

Monday-Friday 9:00AM-3:00PM local time excluding federally recognized holidays.

Inspection is by appointment only, 48 hr. notice required. Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection and sampling for the purposes of bidding on this IFB.

Inspection POC: Stephen Douglas; stephen.douglas@dla.mil; (614) 692-8095 Tracey Person; tracey.person@dla.mil; (614) 692-6509

A.8 Loading:

Fuel can be measured to determine the amount being received using the stick method or via scale to determine weight.

The procedures for determining stick measurement are as follows:

Upon arrival, the Purchasers conveyance is verified empty, the material is loaded onto the conveyance IAW the terms and conditions of the IFB. If the conveyance has any material already loaded upon arrival the DLA and Purchaser representatives will measure the amount of material present using the stick measurement prior to loading any material.

Upon completion of loading, the stick measurement is used to determine the amount of gallons loaded. The appropriate table is utilized based on the size of the conveyance to determine the amount of gallons based on the “wet” line of the measuring stick. The amount is then recorded on the DLA Form 1367 and signed by the DLA and Purchaser’s representative. If the conveyance had any material prior to loading DLA material, the initial amount will be subtracted from the final amount to determine the quantity issued.

The procedures for weighing are as follows:

Weighing will be completed and documented on DLA Form 1367 under the direction and supervision of the United States Government (USG) using one of the following methods to provide weight tickets:

USG owned certified scales located on USG installation. Purchaser’s conveyance will be weighed empty upon entrance of the military installation and weighed with a full load upon exiting the military installation.

Certified scales not located on USG installation. Purchaser will not be reimbursed for transportation costs associated with the weighing process, including the cost of transportation to and from the scale. The Purchaser is solely responsible for costs associated with the use of a public certified scale. All weighing will be observed by both parties, recorded on a DLA Form 1367 (filled out by USG personnel) and signed by both parties prior to release.

Weight tickets will accompany the DLA Form 1367. The weights obtained and annotated will be used in the billing process.

Weight conversion is used to determine gallons at a rate of 7.5 pounds per gallon. How to determine this amount:

Weigh truck empty, load truck, weigh truck full, subtract empty weight from full weight, divide the result by 7.5 which equals gallons issued. For illustrative purposes, upon arrival, the purchaser’s removal vehicle initial weight is 6,000 pounds. The product purchased under this IFB is removed from the government conveyance to the Purchasers vehicle. The Purchaser’s vehicle is then weighed again, and its weight is now 6,500 pounds. 6,500 pounds (weight after product delivered to purchasers’ vehicle) minus 6,000 pounds (initial weight of Purchasers vehicle), then the Purchaser received 500 pounds of product under this IFB. 500 pounds divided by 7.5 pounds equals 66.66 gallons the Purchaser received. The billing section of this IFB determines how the monthly bill is calculated.

Purchaser must provide all equipment needed to evacuate the fuel from the tank.

The Purchaser is responsible to bring materials to safely pump product from tanks to tanker trucks.

Bulk liquid removals will be allowed only if the Purchaser has a spill contingency plan and performs operations in a safe manner (e.g., grounding). The Government reserves the right to stop operations if environmental or safety concerns arise.

Fuel located at:

Wright Patterson AFB, 1940 Allbrook Drive, Dayton, OH

DLA Disposition Services Columbus:

Primary Sales Point of Contact (SPOC): Tracey Person; tracey.person@dla.mil; (614) 692-6509 Alternate Sales Point of Contact (SPOC): Stephen Douglas; stephen.douglas@dla.mil; (614) 692-8095

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

The Representation that must be signed will be sent at the same time the 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.

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: 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:

Paragraph(s) 2, 5, 8, 11, 12, 13

C.2 SBR Part 2:

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

Paragraph(s) 4, 7, 30

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:

Article(s) A, G

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:

Paragraph(s) A, B, D, F, G, H, I, J, K, L, M, N, O, P, Q, T, V, W, X

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

D.2 Identification of Sales Purchaser:

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

D.3 How to Bid:

If Bidders have questions or need assistance, contact the SCO.

Use the SF114 and SF114A provided with this IFB to submit a bid. Bidder(s) shall enter a bid price per LOT. This IFB is for one (1) lot and the minimum bid is $1.00 USD. Multiply your bid price by the quantity indicated in this IFB, 1 LOT, to calculate your extended bid amount.

For illustrative purposes, if the item advertised for sale in the IFB is in LOTS and for a total quantity of 1 LOT and Bidder A’s bid price is $1.00 per LOT, then $1.00 USD times 1 LOT equals $1.00 USD. The $1.00 USD would be Bidder A’s extended bid amount.

D.4 Where to Submit Bid:

DO NOT email bids or call-in bids directly to the SCO.

Bids shall be submitted via email only to: dla.sales@dla.mil (include IFB Number).

Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” Offers/quotes submitted by E-mail are submitted at the bidder's risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer/quote if it is submitted via E-mail.

D.5 A Responsive Bid:

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

SF114 completed and signed.

SF114A.

D.6 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.7 How to Modify/Cancel 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). Bidders are responsible for submitting bids, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Modification, revision, or withdrawal of the bid received at the Government office designated in the IFB after the exact time specified for receipt of the IFB is “late” and will not be considered.

D.8 Bid Acceptance Period:

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

D.9 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, and has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee). A responsive bid is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that is able to pass the vetting process and is determined through the screening process to be an eligible transferee. 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 purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545 but may be considered by the SCO in evaluating bidder responsibility.

The Government intends to make a single award to a responsible bidder with the highest priced responsive bid.

For illustrative purposes, if the item being advertised is 100,000 gallons and Bidder A bids .010 per gallon, the Bidder A’s extended bid would be $1,000. If Bidder B bids .011 per gallon for the same 100,000 gallons, then Bidder B’s extended bid would be $1,100. Bidder B would be the AHB.

D.10 Ineligible Bidder:

Bidder will not be eligible for award if they are:

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.11 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, and 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 AHB 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 10 business days to:

Complete and return SOI to the SCO.

Complete and return FAR Provision 52.204-24.

D.11.1 Pre-Award Survey May Include but Is Not Limited to The Following:

Facility inspection by Agency personnel prior to contact award.

D.11.2 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services will conduct an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the IFB, SOI, federal, state, and local regulations. All downstream facilities receiving Government property to be processed shall be listed in the SOI. Downstream recipients of Government property which has already been processed need not be listed. DLA Environmental Support Branch may perform a cursory review of this transporter based on the type of material(s) (i.e. Batteries, Tires, oils, etc.) as a 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 the transporter meets those regulations.

ERDs may take up to 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.

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

D.11.3 Alternate or Additional Destination:

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

D.12 Necessary Licenses, Permits and Certifications Shall Be Reviewed:

Prior to the award of a contract, the SCO or his authorized representative 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 is capable of complying with the applicable federal, state, and local laws, ordinances, and regulations. An affirmative finding shall not relieve the purchaser of its ongoing responsibility to ensure it has and maintains any licenses, permits or certifications that may be required for its handling, management, recycling or resale operations involving the property tendered under a contract awarded pursuant to this IFB.

If at any point the SCO 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, at the sole discretion of the SCO, until a responsive bidder is identified and is determined to be responsible.

D.13 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.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid per contract line item unless a determination is made to reject the bid. 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 ten business days of the Statement.

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.14 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.

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. 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 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 30 calendar days to remove the material specified in this IFB. There are no options available.

The SCO may extend the removal period for extenuating circumstances. Prior to the end of the removal period, a written request for extension must be received from the Purchaser detailing the circumstances that delayed removal.

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.

G.4 Right to Appeal:

The Purchaser shall have the right of appeal, under the Disputes clause (see SBR Part 2, paragraph 33 as referenced above), from any determination made by the SCO, except if the Purchaser failed to submit the termination settlement proposal or a request for equitable adjustment within the time provided.

The following shall be deducted from any amount due the Purchaser under this clause:

Any claim which the Government has against the Purchaser under this contract; and the agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Purchaser or sold under the provisions of this clause and not recovered by or credited to the Government. If contract is partially terminated, this clause has the same full effect.

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. Records and documents may be digitally scanned for electronic storage at no cost to the Government.

H PAYMENTS

H.1 The Billing Cycle:

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

H.2 Types of Acceptable Payments:

All payments, including those for storage charges, liquidated damages and interest shall be in U.S. currency.

Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express).

When using a credit card method of payment, the credit card number, credit card security code (3-or 4-digit code on the back of the card), name as printed on the credit card, and the expiration date shall be provided. The U.S. Treasury limits all credit card transactions to $24,999.99. Transactions greater than $24,999.99 cannot be split into two or more credit card transactions.

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.

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

https://www.pay.gov/public/form/start/25176217/

H.3 Consequences of Late or Short Payments:

If full payment is not received within 30 calendar days of the bill, interest will be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S.

Code. After 30 calendar days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; Purchaser will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 calendar days delinquent.

If full payment is not received within 30 calendar days from the date of the bill, the SCO will send a cure notice. If the Purchaser fails to cure, the SCO will terminate the contract and apply the escrow balance to any debt owed to DLA. If Debit is greater than the escrow payment, the SCO will transfer the debt to the Debt Management Office for collection and an additional administrative charge of $50 will be assessed. They will continue the collection process and if unsuccessful, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken.

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

The debt may be reported to a credit bureau.

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

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

H.4 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.

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS

I AND MATERIAL BREACH

I.1 Material Referral:

The Government has sole discretion to determine when and what material shall be issued to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred by the Government as specified in the contract. The Agency reserves the right to sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.2 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. 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.3 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. The Agency will arrange for pick up and removal of such material.

I.4 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.5 Hazardous Waste:

Performance of this contract does not require nor authorize the Purchaser to handle Hazardous Waste (HW). Despite all best efforts by the Government, should HW be discovered after receipt, the Purchaser shall immediately take the necessary action for protection of personnel and property. The Purchaser will immediately contact the SPOC and SCO. Purchaser must provide analytical showing property to be a HW. SCO will provide a list of approved TSDF facilities in the area and direct the Purchaser to transport the HW to the approved TSDF for disposal. Purchaser will create a HW manifest and list the generating DOD Installation as the generator on the HW manifest that is destined to the authorized disposal TSDF. The generating DOD Installation will sign as the generator on the HW manifest or authorize in writing that the recycling facility of purchaser can sign the manifest on behalf of the generator.

Purchaser will adhere to all Federal, State, and local regulations regarding the transport and disposal of HW.

Purchaser will submit an SF364 ROD to SCO within three (3) business days after disposal. Purchaser can submit a request for equitable adjustment (REA) for reimbursement of costs associated with transport and disposal of HW. Purchaser must provide documentation/receipts for items requested for reimbursement (a copy of the return HW manifest, disposal fees, etc.). SCO will review and make a final decision within 30 business days of REA.

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

The Purchaser, for any discrepancy or questionable item, shall initiate a SF 364 ROD (i.e., shipping, packaging etc.) Purchaser shall complete SF 364 ROD and submit it to the Agency personnel on location for any property or shipment in question to receive resolution. When resolved locally, the SF 364 ROD shall be completed and sent to the SCO. When a discrepancy cannot be resolved locally, the property shall be segregated and identified by the Report Number. A copy of the SF 364 ROD shall be stored with the property until final disposition has occurred.

A copy shall be submitted to the SCO requesting disposition instructions and/or further resolution if required.

I.7 Title Transfer:

Once removal is completed, the Purchaser or Representative signs the removal document (1367) and property is transferred to the Purchaser.

I.8 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.9 Response to Notice:

Except as otherwise provided, the default will be cured within 14 calendar days of such notice, referred to as the cure period. However, the notice may provide a longer cure period. The SCO may withdraw the notice within the cure period or extend the cure period in writing.

I.10 Termination:

Unless otherwise provided, termination shall be effective the dated served. Both parties shall continue to perform their respective duties under the contract as indicated in the termination notice.

J PURCHASER RESPONSIBILITIES

J.1 Local Laws:

Purchaser shall comply with all applicable Host Facility Safety, Environmental and Security requirements; federal, state, local laws, ordinances, regulations, etc., applicable in connection with performance of the requirements under this contract, and especially with all environmental laws designed to protect human health and the environment during the processing, use, or disposal of material purchased from the Agency. All work shall be completed and performed IAW the best practices of the trade.

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

J.2 Training:

Purchaser may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the Government or to provide information to perform work or gain access to the site. Example: Pass and ID requirements, antiterrorist training, and/or equipment training.

J.3 Spills:

The Purchaser is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are…