DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

Usable Property

(ENGINE, DIESEL)

IFB 33-6052

SEALED BID

ONE TIME SALE

For

DLA Disposition Services Letterkenny, PA

Offer Closing Date/Time: November 4, 2026, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period Begins: October 5, 2026, 1:00 p.m. EST. By appointment only

Sales Point of Contact (SPOC) Letterkenny:

Tim Keefer, Phone: 717-446-8828, Email: Timothy.A.Keefer@dla.mil

James White, Phone: 717-446-8820, Email: James.E.White@dla.mil

Sales Contracting Officer: Jenifer Sestina

EMAIL: Jenifer.Sestina@dla.mil

PHONE: 269-961-4072

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1: IFB Item Number Details:

A.5 Packaging:

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 Clause 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.9.1 Environmental Responsibility Determination (ERD):

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

D.11 Contract Award:

D.12 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 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 PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 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 Waste:

I.5 Demilitarization Code Assignment:

I.6 Safety of Use Message (SOUM) property:

I.7 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.8 Title Transfer:

I.9 Notice of Default/Cure Notice:

I.10 Response to Notice:

I.11 Termination for Default:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Safety Requirements Activity:

K.2 Letter of Authorization (LOA):

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

K.4 Purchaser Use of Subcontractors:

K.5 Storage Charges:

L CONTRACT COMPLIANCE, AUDITS AND REVIEWS

L.1 Compliance with Applicable Laws and Regulations:

L.2 Licenses and Permits:

L.3 Duties of Care and Loyalty:

L.4 Prohibited Activities:

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

L.6 Purchaser Record Retention:

L.7 Inspection of Records and Workplace by Government:

L.8 Compliance Notification:

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:

O GOVERNMENT REQUIRED REPORTS

O.1 Government Use of Purchaser Reported Information:

O.2 Performance Measure Requirements and Reports:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Public Law Pertaining to Location Operations:

P.2 Public Law Pertaining to Material:

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

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

P.5 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a One-Time Sales contract for purchase of Diesel Engines (NSN: 2815013502207) at DLA Letterkenny, through this Invitation for Bid

(IFB).

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 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:

ENGINE, DIESEL (NSN: 2815013502207), located at DLA Disposition Services Letterkenny, 415 Technology Ave, Chambersburg, PA 17201.

Estimated dimensions of EA items are 40 x 48 x 36 and they weigh approximately 560 lbs. per item.

A.4 Table 1: IFB Item Number Details:

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

Item Location Material NSN Bid QTY

(EA.)

01 Letterkenny ENGINE, DIESEL 2815013502207 63 https://www.dla.mil/DispositionServices.aspx https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://catscale.com/cat-scale-locator/

Note: The provided pictures are for illustrative purposes only and may not be a current representation of the material, site location, or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

A.5 Packaging:

There will be dunnage that is included in this sale. All crates, pallets and other packaging materials are included in the sale and shall be the responsibility of the Purchaser, including the costs for handling, removal, transportation, and disposal.

A.6 Removal:

Monday-Friday 6:30AM-13:30PM Eastern Standard Time (EST) excluding federally recognized holidays.

The Sales Point of Contact (SPOC) will contact the Purchaser by email with the removal request schedule. The Purchaser must respond within three (3) business days to the request with confirmation or a request for an alternate date, which will not exceed five (5) business days of the SPOC’s original requested schedule date. All change requests must be authorized by the SPOC.

The required rate of removal for these items is a minimum of 2 trucks and a maximum of 5 trucks daily. This material must be removed by Purchaser provided curtain-side flatbed, standard flatbed, or a 53-foot dry van only, straps/chains are required.

A.7 Inspection:

Monday-Friday 7:00AM-15:00PM Eastern Standard Time (EST) excluding federally recognized holidays.

Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection for the purposes of bidding on this IFB.

Note: Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid. The pictures provided with this IFB are for illustrative purposes only and may not be a current representation of the material.

Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

Bidder must be legally allowed on Military installations. Bidder must have two (2) forms of identification to gain access to the installation. Bidders should wear protective shoes at site.

Base access requirements: Applicant must show vehicle registration, proof of current vehicle insurance, identification that meets the requirements of the REAL ID ACT of 2005, and be able to pass a background check. A minimum of twenty-four (24) hours notification is required prior to inspection. Non-Government drivers must complete a security check-in before arriving at the site. Drivers must go to the following address for security:

415 Technology Ave.

Chambersburg, PA 17201 Inspection must be coordinated twenty-four (24) hours in advance through the following POC’s:

Tim Keefer, Phone: 717-446-8828, Email: Timothy.A.Keefer@dla.mil James White, Phone: 717-446-8820, Email: James.E.White@dla.mil

A.8 Loading:

Monday-Friday 6:30AM-13:30PM Eastern Standard Time (EST) excluding federally recognized holidays.

The Government will single place load onto Purchaser provided conveyance. The Government will not block, brace, strap down, or chain, nor supply any materials required to secure the load. The Purchaser is solely responsible for providing all securement materials and ensuring the load is safely secured for transport. Due to the nature of the material, the Purchaser must provide a curtain-side flatbed, standard flatbed, or a 53-foot dry van for this contact.

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.

FAR Provision 52.204-24 titled, Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment

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 AHB as part of the pre-award process.

B.2 FAR Clause 52.204-25:

FAR Clause 52.204-25 is applicable.

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

C SALE BY REFERENCE (SBR)

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

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

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

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

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

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 13(c), 28, 29, 34

Modified Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: All articles apply except: C.

C.4 SBR Part 4:

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

C.5 SBR Part 5:

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

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: All articles do not apply except: G

C.7 SBR Part 7:

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

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

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

D.2 Identification of Sales Purchaser:

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

D.3 How to Bid:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A. Bidder shall enter bid as a price per unit of issue. Minimum bid is $100.00 per unit of issue. Multiply your bid price by the quantity indicated in the “Bid QTY” column advertised to calculate your extended bid amount.

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

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

For example, this IFB has one (1) item advertised for sale and it is being sold as each (EA), CLIN 1 - 63 EA. Bidder A bids- CLIN 1 $100.00. “Total Priced Bid” is $6,300.00 shows Bidder A’s total bid price per CLIN. Bidder A’s “Total Amount” on SF 114A would be $6,300.00 for all CLINs.

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

D.4 A Responsive Bid:

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

• SF114 completed and signed.

• SF114A.

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

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive.

Late bids are handled in accordance with provisions in 32 CFR § 273.15. The selling agency will consider late bids for award if the bid was delivered in a timely fashion to the address specified in the sales offering but did not reach the official designated to accept the bid by the bid opening time due to a Government delay.

The selling agency representative may consider late bid modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.

D.6 How to Modify/Cancel Bid:

In addition to SBR Part 3, Articles B and C, 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. Code § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid inclusive of all lines unless a determination is made to reject the bid under 41 CFR § 102-38.90.

D.8 Ineligible Bidder:

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

• Officially indebted to the Government.

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

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

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

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

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

D.9 Pre-Award Survey:

The Agency will conduct a pre-award survey of only the AHB. The SCO will provide notification that you are the AHB, 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 AHB shall cooperate in the pre-award process by assisting in arrangements and/or by providing requested information in a timely manner. The AHB is advised that accomplishment of a pre-award survey or furnishing documents to the Agency in support of the pre-award survey is part of the assessment of the bidder’s responsibility and is not a guarantee the bidder will receive award of a contract. The SCO may rely upon information obtained in the pre-award survey in making his assessment of the bidder’s present responsibility.

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

a. Statement of Intent (SOI) DLA Form 2536 will be reviewed.

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

c. FAR Provision 52.204-24 compliance representation will be reviewed.

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 Sales Contracting Officer, until a responsive bidder is identified and is determined to be responsible.

D.9.1 Environmental Responsibility Determination (ERD):

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

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

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

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

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

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

Prior to the award of a contract, the Agency shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a subcontractor) to 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. The contract shall be awarded to the highest responsive bid submitted by a responsible bidder. In the event of termination of the original Purchaser, the SCO may award the contract to the next highest responsive, responsible bidder if bids have not expired, and such award is otherwise determined to be in the Government's best interest.

Under 41 CFR § 102-38.90, the Agency will award the sales contract to the bidder with the highest responsive bid, unless a determination is made to reject the bid.

When you have successfully completed the pre-award assessment as the AHB, you will receive a Statement indicating the amount of payment due. Submit payment within three (3) business days of the Statement (An extension of up to 10 business days may be authorized by the SCO upon written request by the AHB that is submitted before the initial three (3) business day suspense).

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

D.12 Start of Work Meeting:

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

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

After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

Within 10 calendar days of the date of contract award, the Purchaser shall provide the Agency the following information: Designation of key persons, to include their full name, title, telephone number, email address and a synopsis of their duties under the contract. Purchaser shall provide the SCO notification of any changes to the above within 10 calendar days of the change.

E.2 Transfer and Hypothecation:

General Prohibition - Except as specifically provided herein or specifically approved by the Agency in writing, the Purchaser shall not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract.

Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be invalid and shall constitute a material breach of this contract.

E.3 Contract of Sale:

Relationship of Parties - This contract is an agreement for the sale of the material by 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:

Purchaser shall provide the Agency with a payment in the amount specified on the Notice of Award. The payment shall be made via Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express). Payment options and instructions will be provided to the AHB with the Notice of Award. This is a one-time sale and full payment must be received before the removal of any property.

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. See SBR Part 5, paragraph D, Liability and Insurance.

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.

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

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 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 will be used as the invoice or billing document. If the total quantity tendered by the Government is less or more than the QTY identified in Section A.4, the Purchaser shall receive a bill or refund for the difference, calculated at the awarded unit price.

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 (2) 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 within the United States can be made using the website at:

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

H.3 Payment Confirmation:

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

Pay.Gov Link

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 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 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.5 Demilitarization Code Assignment:

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

I.6 Safety of Use Message (SOUM) property:

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

I.7 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.8 Title Transfer:

Title shall transfer when the DLA Form 1367 is released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, when removed from Government premises.

I.9 Notice of Default/Cure Notice:

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

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

• Resolve through informal discussions.

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

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

• Terminate the contract.

The Agency may take any, a combination, or all, of the following actions to satisfy its claims for any non-payments or other damages:

• Present a claim against Purchaser.

• Present a claim upon the any other applicable insurance or surety policy.

• Seek appointment of a receiver or trustee for Purchaser.

• Seek monetary damages, restitution or any other legal or equitable remedy to which it is entitled.

• Assert any other right, claim, or remedy available pursuant to the Contract Disputes Act of 1978 (41 U.S.C.

7101-7109).

I.10 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.11 Termination for Default:

Termination shall be effective immediately upon written notice by the Government to the Purchaser (breaching party) served upon or after the date of such decision. If the Purchaser is terminated for default, the Purchaser is put on notice that this acts as a Sales Contracting Officer’s Final Decision (SCOFD). If the Purchaser did not receive notice of its appeal rights with the letter terminating its contract for default, the following rights apply:

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

The notice shall indicate that an appeal is intended, reference this decision, and 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. §7102, regarding Maritime Contracts) within 12 months of the date you receive this decision.

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

The BIS advances U.S. national security, foreign policy and economic objectives by ensuring an effective export control and treaty compliance system, and by promoting continued U.S. leadership in strategic technologies. BIS accomplishes its mission by maintaining and strengthening adaptable, efficient, effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes. If required, on Destination Control Statement BIS form 711 (All exports of CCL not designated as EAR99, unless export is made under License Exception BAG or GFT. the minimum BIS statement is as follows: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end- user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from U.S. Government or as otherwise authorized by U.S. law and regulations.” https://www.commerce.gov/bureaus-and-offices/bis

U.S. Export Administration Regulations (EAR) - Links to important EAR information for exporters.

https://www.state.gov/strategictrade/resources/c43182.htm. U.S. Department of Commerce, Bureau of Industry and Security https://www.commerce.gov/ Bureau of Industry and Security Mission: Advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. https://www.bis.doc.gov/

The Purchaser warrants and covenants that none of the items identified in the Public Sales offering and listed on its Public Sales contract shall be directly or indirectly used or disposed of for military use or exported unless a full disclosure of the origin of the property is made by the Purchaser.

Items in the product pool, which is only DEMIL A, may be subject to export control restrictions.

Once title transfers, the Purchaser shall consult with Department of State and Department of Commerce export control regulators if there are doubts about the type of export controls that apply to any item, regardless of DEMIL code. The Purchaser may request a formal Commodity Classification from the Department of Commerce, Bureau of Industry and Security, or submit a General Correspondence request to the Department of State, Directorate of Defense Trade Controls. Information on managing exports of CCL items can be found at the Bureau if Industry and Security website at https://legacy.export.gov/csl-search.

The Purchaser shall comply with U.S. export control laws and regulations. The Purchaser is referred to the EAR including parts 732, 736 and 746. The Purchaser is advised that USML and CCL items may not be sold in foreign countries or to foreign persons unless there is compliance with Department of State/Commerce licensing requirements, or a proper determination is made that no license is required.

The Purchaser shall notify all subsequent Purchasers, in writing, of their responsibility to comply with U.S. export control laws and regulations. The Purchaser shall refer buyers in writing to the EAR, and provide them guidance and information in subchapter C, parts 732, 746, and 736. Specifically, the Purchaser shall advise buyers that exports of these items may require licenses when destined to certain prohibited entities or destinations and this property may not be re-exported or transferred in contravention of the General Prohibitions specified at 15 CFR Part 736.

The Purchaser is cautioned that prior to resale of the property acquired under this contract, they should become familiar with their customer and the purposes for which it is acquiring the property. The US export control regulations specified above, may apply to subsequent transactions of the property. The Purchaser shall obtain a statement from the buyer, containing information similar to that contained in the Government’s EUC, and must check any prospective buyer to ensure the buyer is not on the Department of Commerce proscribed party list (entity and person), and prohibited country list; that the transfer shall not violate 15 CFR Part 736 and issue a destination https://www.commerce.gov/bureaus-and-offices/bis https://www.state.gov/strategictrade/resources/c43182.htm https://www.commerce.gov/ https://www.bis.doc.gov/ control statement in accordance with the EAR. Additional Information on managing exports of CCL items can be found at the Bureau if Industry and Security (BIS) website at https://legacy.export.gov/csl-search.

The Purchaser shall retain all relevant export control information on file for all prospective resale buyers and transactions. The Agency or any other U.S. Government entity including investigative and enforcement agencies must make this information available for review. Failure to obtain and maintain such data may result in a negative determination of responsibility and prevent participation on future Public Sales contracts with the Government.

Purchaser shall refer to the BIS website provided above, for information on compliant export management policies.

K PURCHASER RESPONSIBILITIES

K.1 Safety Requirements Activity:

Purchaser shall comply with all Safety, Environmental and Security requirements from all Federal, state and local agencies in the performance of 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.

K.2 Letter of Authorization (LOA):

Purchaser will provide DLA Form 2538 Sales Contract Letter of Authorization (LOA) to the SCO and the location’s Sales POC, for any contracted transportation picking up property on the Purchaser’s behalf.

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

All sales of material must occur after removal from the Agency’s location or RIP location. For property removed from Agency locations or RIP locations the Purchaser is not limited on the number of processing facilities. All processing facilities will be identified on the DLA Form 2536 (SOI).

K.4 Purchaser Use of…