IFB 39-4000 - Bahrain Electronic Scrap Residue.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

DEMILITARIZATION/MUTILATION AS CONDITION OF SALE (DCOS/MCOS) ELECTRONIC

SCRAP RESIDUE SALE

IFB 39-4000

SEALED BID

TERM SALE

FOR

DLA Disposition Services BAHRAIN

Offer Closing Date/Time: December 9, 2024, 1:00 p.m., local time Battle Creek, Michigan, USA

Inspection Period Begins November 27, 2024, 10:00 a.m. AST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.Rogers@dla.mil

PHONE: 269-961-5015

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

Battle Creek, Michigan 49037-3092 mailto:Scott.Rogers@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Property Streams:

A.4 Table 1 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:

B.3 Training B.4 Demilitarization/Mutilation Operations:

B.5 Equipment:

B.6 Meetings:

B.7 Personal Protective Equipment (PPE):

B.8 Inventories:

B.9 Certifier/Verifier:

B.10 Demilitarization/Mutilation Timeframe:

B.11 Military Markings:

B.12 Title:

B.13 Facility Requirements for the Purchaser:

B.14 Lockable Cage B.15 Downsizing B.16 Facility Inspection:

B.17 Hazards:

B.18 Spill Responsibility:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 How to Bid:

D.3 A Responsive Bid:

D.4 When to Send Bid:

D.5 How to Modify/Cancel Bid:

D.6 Bid Evaluation:

D.7 Ineligible Bidder:

D.8 Pre-Award Survey:

D.8.1 Environmental Responsibility Determination (ERD):

D.9 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.10 Contract Award:

D.11 Post-Award Conference:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Contract of Sale:

E.3 Authority of Sales Contracting Officer (SCO):

E.4 Authority of Sales Point of Contact (SPOC):

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Deposit:

F.2 Insurance and Bond Contract Requirements:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Regulatory Compliance:

G.3 Environmental and Safety Notice:

G.4 Termination for Default:

G.5 Records:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of Late or Short Payments:

I AUTHORIZED AND UNAUTHORIZED MATERIAL

I.1 Classified Material:

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

I.3 Radioactive Property:

I.4 Hazardous Property:

I.5 Foreign Attachment I.6 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.7 Notice of Default:

I.8 Response to Notice:

I.9 Termination:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

J.2 Disposition and Use of Property:

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Purchaser will not be allowed to sell material at Agency locations:

K.4 Purchaser use of sub-contractors:

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 Inspection of Records and Workplace by Government:

L.8 Contracts with Third Parties:

M DISPUTES AND CLAIMS

M.1 Disputes:

M.2 Alternative Dispute Resolution (ADR):

N MISCELLANEOUS PROVISIONS

N.1 Notices:

N.2 Severability:

N.3 Headings:

N.4 Survival:

N.5 Waiver:

N.6 Use of the Agency Name and Public Communications:

N.7 Tense and Gender:

N.8 Entire Agreement and Modification:

N.9 Computation of Time:

N.10 Electronic Communication:

N.11 No Reimbursements:

N.12 Market, Resale and/or Export:

N.13 Government Liability:

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 Chemical Agent Resistant Coating (CARC) Paint:

P.2 Refrigerant:

Q DEFINITIONS

A INTRODUCTION

The Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering for sale, scrap residue derived from the Mutilation and Demilitarization of controlled property. A Mutilation/Demilitarization Condition of Sale (MCOS/DCOS) contract requires property to be demilitarized or mutilated and certified prior to title transfer. A Government DEMIL verifier will oversee processing of property. This contract will consist of processing materials off-site at the purchaser’s owned facility within the country of BAHRAIN, the purchaser and the Purchaser’s facility must be fully permitted and qualified to handling all the waste streams. Purchasers’ facility must be within 50 miles of DLA Disposition Services Bahrain.

This contract will be for a thirty-six (36) month base period of performance with two (2) twelve (12) month option periods.

This contract covers the processing of materials at a facility owned or leased by the Purchaser, which is located off-site. Please note that this contract does not accommodate or permit the issuance of a letter of intent to lease.

The materials scheduled for removal under this IFB are covered by the Basel Convention on the Transboundary Movement of Hazardous wastes and are intended to be disposed of within the country of Bahrain pursuant to the terms of the contract resulting from this IFB. In the unlikely event that proper recycling or disposal cannot be affected in-country, and the Purchaser seeks to export the waste because host nation facility has rejected a specific waste commodity, the SCO shall be contacted immediately.

A.1 Base Access Requirements:

Personnel Access: Require BAHRAIN identification, Passport and 2 passport photos.

Equipment/Vehicle Access: Company Commercial registration, Vehicle registration and Proof of registration.

All locations where property is located may have strict rules that may prohibit access to some individuals. To access our facilities, an apparent high bidder or their agent shall be required to obtain base access through the host installation. The local Disposition Services 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 has been awarded a contract under this IFB.

The awardee will be expected to have base access for all personnel within 60 days. Failure to have base access within 60 days is grounds for immediate termination. The SCO has sole discretion to grant extensions to the 60-day requirement.

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 Joint Contracting and Contingency Services (JCCS): https://www.jccs.gov/olvr/default.aspx

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 Property Streams:

1. DEMIL required Property: DEMIL required property refers to property that is subject to demilitarization requirements. "DEMIL" stands for demilitarization, which is the process of rendering military items or equipment https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://www.jccs.gov/olvr/default.aspx https://catscale.com/cat-scale-locator/ that are no longer needed or are being disposed of incapable of being used for military purposes. This type of property is typically regulated by the U.S. State Department. In essence, DEMIL required property is managed with strict protocols to ensure that sensitive or potentially dangerous items are appropriately rendered non-functional for military use before they are disposed of or transferred. These items necessitate detailed line-item inventory controls and must be reduced to scrap level, as defined below. These items are categorized under the DEMIL codes of C, D, E, F, G, and P.

2. Mutilation Required Property: Mutilation Required Property is a term used in the context of Government disposal and management of certain types of property. It refers to items that, due to their nature or sensitivity, must be physically altered or destroyed to prevent them from being used for their original purpose or to ensure they cannot be exploited or misused. This type of property is typically controlled by the Bureau of Industry and Security (BIS).

This type of property will be designated by the Agency’s Standard Waste and Scrap Classification (SCL) of DMF.

DMF is Demanufacturing required electronics. These items are subject to less stringent inventory controls compared to DEMIL required property and are accounted for by weight and must be reduced to scrap level, as defined below.

These items are categorized under the DEMIL code of B.

3. Electronic Scrap: Obsolete or excess commercial grade electronics, basic off the shelf electronics that have not been modified by the Department of Defense. The Purchaser agrees that all electronic scrap, as defined in this contract, shall be properly mutilated and rendered to scrap a state that eliminates any potential for reuse, repair, or resale. Mutilation shall include, but is not limited to, the destruction of all circuit boards, memory components, and internal storage devices, as well as the crushing, shredding, or otherwise physically rendering the electronics unrecognizable and inoperable. All property will be rendered to scrap in accordance with the definition provided below, ensuring that it is completely decommissioned and no longer usable or reusable in any form.

This type of property will be designated by the Agency’s Standard Waste and Scrap Classification (SCL) of D4R.

These items are categorized under the DEMIL code of Q.

Scrap: Recyclable, waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit and function have been destroyed.

Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable USML/CCL items, components, and parts are not “scrap.”

Any pictures provided by the Agency as part of this sale are for illustrative purpose only and may not be a current representation of item (s) for sale, site location (s), or other images displayed in the pictures. Bidders are highly encouraged to perform a pre-bid site inspection to make an intelligent bid.

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

NOTE: The materials scheduled for removal under this IFB are covered by the Basel Convention on the Transboundary Movement of Hazardous wastes and are intended to be disposed of within the country of Bahrain pursuant to the terms of the contract resulting from this IFB. In the unlikely event that proper recycling or disposal cannot be affected in-country, and the purchaser seeks to export the waste because host nation facility has rejected a specific waste commodity, the SCO shall be contacted immediately.

Over the duration of the thirty-six (36) month base performance period, the Government guarantees to issue the Purchaser a minimum total weight equal to the “Minimum Guaranteed QTY (LBS.)” listed in Table 1.

A.4 Table 1 IFB Item Number Details:

Item Material Total

QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

DS000DMFB, Electronic scrap residue originating from both controlled military grade electronics and Demanufacturing electronics

30,000 15,000 100,000

DS000D4RQ, Electronic residue not containing Precious Metals, Electronic Scrap

270,000 135,000 600,000

Note: The Total QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government makes no guarantees regarding this quantity to be offered, the quantities offered are governed by the minimum and maximum columns in Table 1.

A.5 Packing:

Property Accumulation of electronics will be packaged via pallets, tri-walls, or reusable containers. Some material may be packaged in containers that must be returned to the Government. The returnable containers will be identified prior to removal and annotated on the removal documents.

A.6 Removal:

Sunday-Thursday 7:00AM-4:00PM Arabia Standard Time (AST), excluding federally recognized holidays.

A.7 Inspection:

Sunday-Thursday 7:00AM-4:00PM Arabia Standard Time (AST) excluding federally recognized holidays.

Inspection is by appointment only. Contact POC to schedule a physical inspection. Bidders are highly encouraged to physically inspect property and site requirements prior to submitting their bid.

Bidders will contact the POC at least 72 hours before seeking entry to a military installation or Disposition Site to be informed on entry requirements.

A.8 Loading:

Sunday-Thursday 7:00AM-4:00 PM Arabia Standard Time (AST) excluding federally recognized holidays.

Government will load containers and conveyance. Government will provide MHE. The required rate of removals per day to 1 to 3 truckloads.

Pick up location(s):

1. DLA Disposition Services Bahrain

Primary POC: Gibbs, Narrio, Phone: 328-631-8710, Email: Narrio.Gibbs@dla.mil Alternate POC: Hallingquest, Renee, Phone: 328-631-8644, Email: Renee.Hallingquest@dla.mil

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

mailto:Narrio.Gibbs@dla.mil mailto:Renee.Hallingquest@dla.mil

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

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

B.4 Demilitarization/Mutilation Operations:

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

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

Purchaser will not be provided with permanent indoor or outdoor storage space for property or equipment. Outdoor temporary storage may be made available as the need arises to ensure DEMIL operations and property flow are not impacted. Only the Agency can authorize the temporary storage space, and the Purchaser must request the space in writing.

The Agency SPOC (verifier) will schedule a pickup of the property to be Demilitarized/Mutilated. The Agency will load the property to be Demilitarized/Mutilated onto the Purchaser’s provided conveyance. The Agency’s verifier will follow the purchaser’s truck to the Purchaser’s facility and witness the property being Demilitarized/Mutilated.

ALL property being Demilitarized/Mutilated must be completed that day. If the property cannot be Demilitarized/Mutilated that day the property will be returned, by the Purchaser, to the DLA Disposition Services Bahrain location.

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

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

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

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

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

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

B.5 Equipment:

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

Equipment may include, but is not limited, Shredders, Crushers, Separation Equipment, Dismantling Tools, Material Recovery Systems, Refining Equipment, Waste to Energy Systems, Environmental Control Systems. The Purchasers facility will employ industry standard advanced equipment and techniques for efficient sorting, dismantling, and material recovery.

B.6 Meetings:

Purchaser’s Certifier and the Agency’s Verifier will conduct end of week meeting to coordinate/determine work schedule for the following week.

B.7 Personal Protective Equipment (PPE):

According to 29 Code of Federal Regulation (CFR) 1910.132-140, Purchaser is hereby informed of the requirement to supply/provide Purchaser employees safety gear needed to protect from Demilitarization/Mutilation processes.

B.8 Inventories:

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

B.9 Certifier/Verifier:

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

B.10 Demilitarization/Mutilation Timeframe:

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

B.11 Military Markings:

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

B.12 Title:

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

B.13 Facility Requirements for the Purchaser:

Purchaser’s facility(ies) shall have:

1. Security fencing around entire facility, if the processing facility is fully enclosed fencing requirements do not apply.

2. Certified truck and pallet scales on-site that produce printed weight tickets.

3. Controlled entrances to DEMIL/MUT area.

4. Limited access to essential employees.

5. A 14-day minimum recording and retrieval capacity for the security cameras and access for Agency personnel to view if necessary. The number of security cameras shall be adequate to monitor all unprocessed property areas of the Government property.

Fencing requirements for non-enclosed facilities / outdoor material processing areas:

Industry standard fencing materials will be utilized and can vary depending on application. Some commonly used fencing materials that will meet the Governments requirement include:

1. Chain link Fencing made from galvanized steel wire woven into a mesh pattern.

2. Wrought Iron Fencing.

3. Aluminum Fencing.

4. Wood Fencing.

5. Vinyl Fencing.

6. Steel Fencing.

The fencing must be 6 feet tall, irrespective of the material used, and the gap between components will not exceed 4 inches.

Gates - The barrier will have a minimum equal or greater resistance to penetration as the adjacent fence. Manual vehicle gates will be secured with industry standard locking mechanisms.

The Purchaser may propose alternative fencing materials for consideration, provided they meet or exceed the standards outlined in this contract. Such materials shall be subject to approval by the Agency.

B.14 Lockable Cage Provide a lockable cage for holding troubled property. Lockable cage must have a dedicated security camera with a 14-day minimum taping and retrieval capacity with access for Agency personnel to view if necessary. (Troubled property is defined as any property not appropriate for the terms and conditions in this contract or property under DEMIL code challenge). Cage should be of adequate size to accommodate at a minimum of eight pallets of material.

B.15 Downsizing Additional processing: It is understood that BAHRAIN Customs may require additional processing prior to or after removal. I.E.: BAHRAIN customs law may require a more significant degree of mutilation in order to allow the property to be released as scrap to enter BAHRAIN customs territory, transit through BAHRAIN Unless other arrangements are made with BAHRAIN customs officials, further processing will need to be performed by the purchaser prior to removal from the Disposition Services yard. Purchaser is authorized to further process material required by BAHRAIN Customs or downsize material to the point the material can fit into the Purchaser’s conveyance. No harvesting of material will be allowed and all material or residue from further processing or downsizing must be removed that same day. Purchaser is responsible for any cleanup and removal of any and all material and/or cleanup of any environmental spills that may arise from the downsizing and/or removal process.

Spill kits and dry sweep/oil absorbent removal of debris are the responsibility of purchaser and all costs associated to the cleanup.

Additional requirements: The USG cannot predict or anticipate what those requirements will be. BAHRAIN customs requirements may vary depending on whom the successful purchaser is and what they intend to do with the material. This is a matter of compliance with BAHRAIN law and any and all costs associated with BAHRAIN customs additional requirements above USG DEMIL/ MUT requirements is the sole responsibility of the Purchaser.

Arranging meetings with Customs: The USG does not assume responsibility for arranging meetings between the Purchaser and BAHRAIN Customs Officials and will not act as liaison between BAHRAIN agencies/agents/representatives and a purchaser. Purchaser has the sole responsibility to process material in accordance with the USG and BAHRAIN requirements.

Contacting Customs: Prospective purchasers are strongly encouraged to contact BAHRAIN customs officials or a knowledgeable trade advisor prior to bidding. Scrap is defined as property that has no value except for its basic material content. Resulting residue MAY contain items that appear in condition other than Scrap. By the USG determination, no further processing is required to meet the definition of scrap items. However, BAHRAIN may determine additional scrapping, or mutilation is required to meet their definition of scrap or to be eligible for tariff/duties assessment at the desired rate, or to be entered into their customs territory. The USG restates, it is the Purchaser’s responsibility to set up all meetings with BAHRAIN customs or other BAHRAIN officials and to determine the applicable requirements and negotiate any desired arrangements.

B.16 Facility Inspection:

Purchaser’s Facility/worksite will pass an inspection by Agency personnel prior to contact award. (See DEMIL_MUT Facility Insp.pdf in Attachments)

B.17 Hazards:

If operational hazards are discovered during loading or DEMIL/MUT operations, all work will cease immediately.

Operations will not resume until cleared by the Agency’s Verifier or the SCO.

Property may contain hazardous materials to perform their intended functions such as, batteries, beryllium and oils.

Purchaser will be responsible to drain and collect all fluids and possible hazardous materials. Accumulations during the processing will be the Purchaser’s responsibility to recover, store, and dispose of IAW Host Nation laws and requirements.

B.18 Spill Responsibility:

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

C SALE BY REFERENCE (SBR)

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

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

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except: 2, 5, 12 and 15.

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 12, 13(c), 28, 29

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: All articles apply.

C.5 SBR Part 5:

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

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

C.6 SBR Part 6:

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

Article B, H, and I.

Article B: first sentence is amended to: Property requiring demilitarization or mutilation will not be required to be shipped in sealed container to the processing site where demilitarization or mutilation will be accomplished by the Purchaser

C.7 SBR Part 7:

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

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All articles except:

Article D.

Article G.

Article K.

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.

Vendor vetting, and vendor validation and registration, two separate processes, are important steps after bid is submitted and can take up to four weeks to complete. Joint Theater Support Contracting Command has a process of evaluating the security risk of companies. Additionally, the Joint Contingency Contracting System (JCCS) Business Advisor will assist companies to register online in JCCS, and review/validate the vendors JCCS Profile, along with the vendor's uploaded business registration documents. While an active profile does not mean a contract will be awarded, without an active, current profile a contract award is prohibited. No waivers for requirements are possible. Companies may be asked to complete the process. A request for completing the process does not guarantee or confirm contract award. The registration process is the responsibility of the bidder.

D.2 How to Bid:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A. Bidder shall enter bid as a price per unit of issue not to exceed five decimal places (example 0.01005). Minimum bid is $0.01000 per unit of issue. Multiply your bid price by the quantity indicated in the “Total QTY” column advertised to calculate your extended bid amount.

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

Bidders must place a bid on each individual Item to be considered for award. Purchaser will be expected to pay the Unit Bid Price for each Item upon removal based on weight.

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

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

For illustrative purposes, if the two items advertised for sale in the IFB are in pounds, CLIN 1- 30,000 lbs., and CLIN 2- 270,000 lbs. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.05, “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount” equals $16,500 for all CLINs awarded.

Do not email bids or call-in bids directly to the SCO.

Email bid to: DLADSSalesBids@dla.mil

EXAMPLE 1: SF 114A

mailto:DLADSSalesBids@dla.mil

EXAMPLE 2: SF 114

D.3 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 may be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A.

• JCCS proof of registration.

• A copy of all licenses, permits and certifications, including but not limited to R2 Certificate - The

Sustainable Electronics Reuse & Recycling (R2), to handle all the waste streams.

• Proof that your E-waste recycling facility is located within the Kingdom of Bahrain.

• The bid must remain valid 120 calendar days from the bid opening unless otherwise modified or cancelled.

• Provide a copy of the title, lease agreement to lease a facility the Purchaser intends to use for contract performance.

D.4 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.5 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, by submitting a new bid in the same manner as the previous bid.

Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid, submit a zero (0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time and method of bid submission).

D.6 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 § 102-38.205. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the apparent high bidder since he/she would have the highest total amount priced responsive bid.

D.7 Ineligible Bidder:

Bidder will not be eligible for award if they are:

• Excluded from Federal programs by the General Services Administration.

• 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).

• Not registered as a vendor with the Joint Contracting and Contingency Services (JCCS) at time of bid submission or not able to maintain an acceptable rating in the JCCS system. For more information, please refer to the JCCS page at: https://www.jccs.gov/olvr/default.aspx

D.8 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder (AHB). The SCO will provide notification that you are the AHB.

The Statement of Intent (SOI) DLA Form 2536, FAR Clause, and Certifier training will be included in the notification. The SOI must have parts 1-6 completed and signed. Complete the EUC according to the instructions provided and sign.

The apparent high bidder shall be required to provide detailed information on every storage location the apparent high bidder intends to use. The pre-award survey may be conducted at the apparent high bidder’s facility(ies), or other location(s) as deemed necessary by the Agency and may include but is not limited to a review of the apparent high bidder’s facilities and equipment, financial capability or disclosure of the apparent high bidder’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The apparent high bidder 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 https://legacy.export.gov/csl-search https://www.jccs.gov/olvr/default.aspx award of a contract. The SCO may rely upon information obtained in the pre-award survey in making the assessment of the bidder’s present responsibility.

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

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

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

b. The Purchaser’s Facility shall pass a security inspection by Agency personnel prior to contact award.

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

d. Provide all the necessary licenses, permits and certifications to handle all the waste streams.

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

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

g. Provide a copy of the title, lease agreement, for the facility the Purchaser intends to use for contract performance.

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

D.8.1 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 Invitation for Bid, Statement of Intent, Host Nation regulations. All downstream facilities receiving Government property to be processes shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed.

ERDs typically take up to ten 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.

D.9 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, certifications, experience, organization, and technical qualifications to perform the work specified in this contract and can comply with the applicable Host nation laws, ordinances, and regulations.

D.10 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 under 41 CFR § 102-38.205.

Under 41 CFR § 102-38.205, the Agency reserves the right to accept or reject any or all bids. The Agency may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.

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

D.11 Post-Award Conference:

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

The Agency shall determine the method, date, time, and location of the 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. 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 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.3 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.4 Authority of Sales Point of Contact (SPOC):

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Deposit:

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

F.2 Insurance and Bond Contract Requirements:

Comply with the following or BAHRAIN requirements, whichever are greater.

Prior to contract performance the Purchaser shall, at no expense to the Government, furnish the Contracting Officer with the following Certificates of Insurance, effective throughout the term of the contract or any extensions thereof.

(1) WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984) The Contractor shall:

(a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651 et seq.) requires and

(b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB shall consists of a 36-month base period, followed by two 12-month option periods that may be exercised at the Sales Contracting Officer’s (SCO) discretion. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of each performance period, under the same terms and conditions of the contract. In the event the extension is utilized, the SCO shall advise the Purchaser in writing 30 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. The entire length of the contract, if all option periods and extension are used, shall not exceed five years.

For any option period issued after the base period that is issued, such as with a six-month extension period, the minimum and maximum per contract line item for that period will be adjusted and calculated as a percentage of the stated base period requirement. For illustrative purposes, if contract line item 1 had a requirement for 15,000 pounds over 3 years that is subject to Part 4, Paragraph 5 of the SBR, then a one-year option period for contract line item 1 would have a requirement of 5,000 pounds subject to Part 4, Paragraph 5 of the SBR. This would mean the minimum guaranteed quantity in the option year would be 2,500 pounds and a maximum quantity that could be issued in the option is 7,500 pounds.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Host Nation codes and 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 Host Nation codes and IAW regulations.

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

Purchaser shall comply with all Host Nation transportation rules and regulations while transporting scrap materials on post and to its ultimate destination.

The Purchaser shall assume full responsibility and liability for compliance with all applicable Host Nation pertaining to…