IFB_60-5001_Sagami_EWGA_Term.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

Scrap, WHITE APPLIANCE GOODS

IFB 60-5001

SEALED BID

Term Sale

FOR

DLA Disposition Services Sagami, Japan

Offer Closing Date/Time: June 5, 2025, 1:00 p.m., EST.

Inspection Period Begins May 7, 10:00 a.m. Japan Standard Time (JST) By appointment only.

Sales Contracting Officer: Scott Rogers

Email: Scott.Rogers@dla.mil

PHONE: 269-961-5015

mailto:Shawn.Ricketts@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1: IFB Item Number Details:

A.5 Table 2: CLIN, Material, SCL, Descriptions:

A.6 Inspection:

A.7 Packing:

A.8 Removal/Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 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 Start of Work Meeting:

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 Option Quantities:

G.3 Regulatory Compliance:

G.4 Environmental and Safety Notice:

H DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

I.2 Material Referral:

I.3 Classified Material:

I.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.5 Radioactive Property:

I.6 Other than "Demilitarization Code A” Scrap Property:

I.7 Demilitarization Code Assignment:

I.8 Safety of Use Message (SOUM) property:

I.9 Foreign Attachment:

I.10 Miscellaneous Debris and Dunnage:

I.11 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.12 Title Transfer:

I.13 Termination:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Scrap Yard Activity:

K.2 Weighing:

K.3 Safety Requirements:

K.4 Letter of Authorization (LOA):

K.5 Purchaser Awareness of the Agency’s Environmental Management System (EMS):

K.6 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

K.7 Purchaser Use of Sub-Contractors:

K.8 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 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 Chemical Agent Resistant Coating (CARC) Paint:

P.2 Refrigerant:

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a three-year term contract for scrap WHITE APPLIANCE GOODS, Including various types and sizes of refrigerators, stoves, ovens, dishwashers, washers and dryers. through this Invitation for Bid (IFB).

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

The Purchaser will be required to manage materials in accordance with Japanese laws and regulatory requirements.

Should the purchaser intend to export any portion of the property, the export of electrical appliance will also be regulated under Japanese and international law, including the Basel Convention.

A.1 Base Access Requirements:

Due to current events, you must call the POC at least 48 hours prior to traveling to a location to view or pickup property. Policy for Host Installations vary and access for outside parties may be restricted. For inspection, loading and removal of property, all customers must provide the following information to POC for gaining entrance / escort into U.S. Military Facility: Name, Address, Phone Number, Complete Vehicle Plate Number and Driver’s License Number.

Purchaser is responsible to obtain all base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base must have local or national government issued identification or driver’s licenses and be free of any warrants. The base will deny access to personnel with warrants.

Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. (Purchaser will provide a list of personnel who will work on base prior to start of work).

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 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.

A.2 Useful Websites:

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

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

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

A.3 Item Description:

This is an Invitation for Bid (IFB) that offers scrap WHITE APPLIANCE GOODS, Including various types and sizes of refrigerators, stoves, ovens, dishwashers, washers and dryers. through this Invitation for Bid (IFB).

Purchasers shall exercise caution incurring obligations based on an anticipated three-year performance period as the three-year base period refers only to the amount of time the agency shall have to meet its commitments to provide the estimated quantities of property to the Purchaser. It does not confer any right to receive property throughout the three-year period; instead, the Agency promises only to provide the estimated quantities subject to variations as 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://catscale.com/cat-scale-locator/ authorized by Table 1.

A.4 Table 1: IFB Item Number Details:

Site Item Material Bid QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed QTY

(LBS.)

Sagami (3 yr.

Base) 1 DS000EWGA 1,277,967 638,983 2,000,000

Extra weight Option (1)

2 DS000EWGA 2,000,000

Note: Only the initial term quantity has a guaranteed minimum. Once the minimum in the initial base quantity is reached, the option quantity may be bilaterally exercised by the Agency and Purchaser in a contract modification.

The option quantities do not have an “estimated quantity”, or a guaranteed minimum quantity associated with the option. The option quantities just allow the Agency to issue additional weight once the base period quantity maximum of 2,000,000 total pounds is reached. This option, if exercised, will be exercised within the three year base period and will not extend the performance period.

A.5 Table 2: CLIN, Material, SCL, Descriptions:

CLIN MATERIAL SCL DESCRIPTION

10 DS000EWGA EWGA

Scrap, All WHITE APPLIANCE GOODS, including various types and sizes of refrigerators, stoves, ovens, dishwashers, washers and dryers tendered under this contract that may have contained ozone depleting substances or refrigerants will have had such substances purged prior to referral under this contract.

A.6 Inspection:

Tuesday-Wednesday 10:00AM-11:30AM Japan Standard Time (JST). Excluding federally recognized holidays. 48- Hour notice to the SPOC is required.

The property may or may not be authorized for export from the country of Japan. Purchaser is solely responsible for obtaining required clearances and approvals from the appropriate government officials within Japan.

Removal of property from US Installations (and US control) will require advance approval of the appropriate local or national customs officials, preparation of customs documentation, posting of bonds, and payments of customs duties.

The USG has determined the material to be Foreign Excess Personal Property (FEPP) under its internal regulations.

Regardless of how the USG has characterized it, officials may still impose fees, charges, custom duties, etc. DLA Disposition Services makes no representation that this material is exempt from such duties.

The USG will make every effort to provide information required by customs officials. However, the purchaser shall be solely responsible for obtaining customs approval, paying any fees, duties, or other charges required by customs officials, and for timely coordinating such approval in order to comply with the performance timeframe of this contract.

Purchaser may not represent themselves as an indirect part of the USG for any relief from foreign government taxes, duties, or similar charges. A copy of the obtained customs clearance must be furnished to the Sales POC prior to removal. Note there may be local differences in customs procedures, practices, or interpretation of National and International law. It is recommended that the purchaser consult the appropriate customs official for the sites included on this contract to ensure an understanding of the efforts that may be required, and the amount of time needed, to obtain customs approval of property removed from the designated location of this contract.

A.7 Packing:

Property is stored on pallets and in tri-wall containers that are included in the sale.

A.8 Removal/Loading:

Monday – Friday 8:30AM-11:30AM and 1:00PM-3:30PM Japan Standard Time (JST). Excluding federally recognized holidays.

All WHITE APPLIANCE GOODS, including various types and sizes of refrigerators, stoves, ovens, dishwashers, washers and dryers tendered under this contract that may have contained ozone depleting substances or refrigerants will have had such substances purged prior to referral under this contract. The government will retain certifications documenting the removal.

Purchaser will remove property using his/her own personnel and equipment. Material will be metered, measured, or weighed, using scale or measure acceptable to the purchaser and the Government. All containers must be emptied.

No Government owned containers will be removed from the pickup points.

The USG will provide MHE and will load into purchaser provided conveyance. A 48-hour notice is required prior to loading of property. Final Removal Date: 10 working days after telephone notification.

Estimate Loading Frequency: Once every month or once every two months.

Pick up location(s): DLA DISPOSITION SERVICES SAGAMI OUTSIDE SCRAP YARD Bldg. 104-5, Kamiyabe 600, Sagami General Depot

POC: Wataru Inoue, 315-234-0708, Wataru.Inoue.jpn@dla.mil

Alternate POC: Hiroshi Suzuki, 315-234-0707, Hiroshi.Suzuki.jpn@dla.mil

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

mailto:Wataru.Inoue.jpn@dla.mil mailto:Hiroshi.Suzuki.jpn@dla.mil

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

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

Full clause text included in attachment.

C SALE BY REFERENCE (SBR)

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

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

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

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Condition 2 Condition 5 Condition 8 Condition 12

C.2 SBR Part 2:

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

Condition 12 Condition 13(c) Condition 28 Condition 29 Condition 34

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed – Term Conditions: All Conditions apply except:

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except:

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

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

Article E Article G

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: Does not apply.

C.7 SBR Part 7:

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

Article A Article B Article D Article F Article G Article H Article I Article J Article K Article L Article M Article N Article O Article P Article Q Article V Article W Article X Article Y

C.8 SBR Part 8:

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

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

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

D.2 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). Multiply your bid price by the quantity indicated in the Table 1 - “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 or have sub-contractors with appropriate licenses to remove all Items. Award will not be made to a bidder who fails to demonstrate the capability to remove the items listed in the IFB.

For illustrative purposes, if the four items advertised for sale in the IFB are in pounds, CLIN 1- 500,000 lbs., CLIN 2- 1,000,000 lbs., CLIN 3- 2,500,000 lbs., and CLIN 4- 150,000. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.02, CLIN 3- $0.02, CLIN 4 $0.20. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN.

Example 2 shows Bidder A’s “Total Amount” equals $150,000 for all CLINs awarded. Do not email bids or call-in bids directly to the SCO. Bids mailed directly to the SCO will be considered non-responsive.

Email bid to: dla.sales@dla.mil mailto:DLADSSalesBids@dla.mil

EXAMPLE 1: SF 114A

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 will be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A.

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

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

D.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 is able to pass the Agency’s vetting process. A responsive bidder 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 or the terms of the contract including Sales by Reference Part 2, Art. 3.

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:

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://legacy.export.gov/csl-search).

D.8 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The Pre-Award survey may be conducted at the AHB’s facility. The Pre-Award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

The Apparent High Bidder shall cooperate in the Pre-Award process by assisting in arrangements and/or by providing requested information in a timely manner. Be advised that the Pre-Award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

To facilitate the Pre-Award Survey, you have ten business days to:

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

https://sam.gov/

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, Federal, state, and local regulations. List all downstream facilities receiving Government property to be processed in the Statement of Intent. Do not list downstream recipients of processed property. The purchaser is advised that it must manage the property in accordance with Japanese law and regulation and may be required to demonstrate that any recycling facility utilized to process this material possesses any required permits.

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.

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, experience, organization, and technical qualifications (either through its own facilities or facilities of a sub-contractor) to meet the terms and conditions and can comply with the applicable Federal, state and local laws, ordinances and regulations.

If the Agency determines the AHB is not responsible, the next highest bidder will begin the same pre-award survey process. This same process of vetting the next highest bidder will continue until a responsible bidder is identified.

D.10 Contract Award:

The SCO shall determine if each bid is responsive and shall make an affirmative determination that the bidder is responsible 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, bid, submitted by a 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 Title 40, U.S.C., Chapter 7, and SBR Part Article 3, 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 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).

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.11 Start of Work Meeting:

The Government shall conduct a Start of Work Meeting within 10 calendar days after award. 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 post award conference. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting, the official signed Notice of Award will be sent to the Purchaser and SPOC, and this will constitute the official award of the contract to the AHB. After the start of work meeting, property is authorized for release.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

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

E.2 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. DLA will complete its required closeout actions no later than 240 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 Government may have against the Purchaser.

The Agency shall return any available balance of the deposit, without interest, to the Purchaser at the completion of the contract closure process. However, any refund of the bid deposit must thereafter be disbursed by DFAS in accordance with its regulations which may result in a refund being received somewhat later than the closeout timeframe specified above. The amount of deposit is determined as specified in SBR Part 4, Art. 2.

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB consists of a three-year term period. The contract contains one contract quantity option to add additional weight (not time for the period of performance) to the contract under the same terms and conditions of the base contract. The Government is not obligated to exercise any contract options, and there is no “estimated quantity” or guaranteed minimum for the “quantity-based” options that may be exercised. The option quantities simply allow the Government to order additional scrap removals up to the 2,000,000 lbs. maximum (per option). Contract option quantities may be exercised at any point during three-year term (period of performance). While the overall three-year contract has a guaranteed minimum, once that minimum term quantity is reached the Government will have fully met its obligations to tender property under the contract.

The Government intends that a single award will be made to a single responsive and responsible bidder who submits the highest bid for the item listed in Table 1.

G.2 Option Quantities:

The option quantities included in this contract are exercised at the Government’s discretion. Options will be executed via a bi-lateral contract modification, meaning both parties must agree to exercising an option quantity.

The terms and conditions of the contract remain the same and in full effect upon exercise of any option contained herein. Each individual option quantity may be exercised at any time during the contract’s three-year term (period of performance). The Government’s obligation under this contract is limited to the guaranteed minimum noted in section A.4 of this Invitation for Bid.

G.3 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.4 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 DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

The Billing Cycle runs from the 25th to the 24th. The systemic billing process runs on or about the 24th of each month at 11:59 pm EST. The transactions processed from the 25th of the previous month to the 24th of the current month will be invoiced for the billing cycle.

For illustrative purposes, if Purchaser A won the award of contract line item 1 for DS000C1AA and had bid $0.01000 per pound for this contract line item and if Purchaser A removed 10,000 pounds of DS000C1AA for the month of January, then Purchaser A would be billed $100 (10,000 pounds times the bid price of $0.01000 per pound per contract line item 1 DS000C1AA).

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), cashier’s check, certified check, travelers check, bank draft, money order or credit card (Master Card, Visa, Discover Card, and/or American Express).

Make checks payable to the U.S. Treasury are acceptable. 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 transaction to $24,999.99.

Transactions greater than $24,999.99 cannot be split into two or more credit card transactions. Bidders whose payment is accompanied by a letter of credit or who have on file an approved bid bond (SF 24 or SF 34) may make their payments by uncertified personal or company checks, but only up to an amount equal to the penal sum of their bond or the amount of their letter of credit.

Address all hand-carried or delivered payments to the following:

DLA FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

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

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217 Should Purchaser need to make a payment for less than $1.00, the website credit card payment method cannot be used. Instead, Purchaser will be required to use ACH or complete the manual credit card form and fax it to (269) 961-7230.

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 https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217

I AUTHORIZED AND UNAUTHORIZED MATERIAL REQUIREMENTS

I.1 Material Flow:

The material is by SCL as weight in unit of issues (i.e., LB, TN, KG), by each location. The Agency has established field locations and other receipt-in-place locations to meet the needs of our customers. The Agency does not represent that the locations and the number of locations are enduring and does state that all locations are subject to change based on the needs of our customers.

I.2 Material Referral:

The Government has sole discretion to determine when and what material shall be issued to the Purchaser, and the Purchaser has a contractual obligation to purchase and accept all material referred by the Government as specified in the contract. The Purchaser is not required to take hazardous material or material that could pose a risk to national security, environmental or personnel safety or health issue such as mold and asbestos containing materials. Under no circumstances is culling for effecting partial or incremental removals authorized. The Agency reserves the right to https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217 sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.3 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.4 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.5 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.6 Other than "Demilitarization Code A” Scrap Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” scrap property. Should Purchaser employees suspect other than “Demilitarization Code A” scrap property, the Purchaser shall immediately secure the property and notify the Agency’s Site Lead and the SCO of the discovery immediately. 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.7 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.8 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.9 Foreign Attachment:

Most SCLs include foreign attachments as part of the total weight. The weight of foreign attachments is an important factor in determining bid amounts. Foreign attachments are not dunnage or miscellaneous debris.

I.10 Miscellaneous Debris and Dunnage:

Any open container is susceptible to miscellaneous debris, which may include but shall not be limited to cardboard, dirt, sand, snow, water, rocks, glass, rubber pieces, wood chips, etc. Miscellaneous Debris and Dunnage shall be no more than 20% of the total SCL weight per removal. Amounts in excess of 20% can be resolved locally or brought to the SCOs attention by initiating a SF364 ROD. The weight of miscellaneous debris and dunnage is an important factor in determining bid amounts.

I.11 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.12 Title Transfer:

Title shall transfer when the DLA Form 1367 released by the Government and accepted by the Purchaser or their agent as indicated by their respective signatures, on both forms, when removed from Government premises. A Certificate of Release, SF 97, is not provided for any item released under the terms and conditions of this contract.

I.13 Termination:

Unless otherwise provided in the Sale, this contract may be terminated by either party without cost to the Government upon 30 days' written notice to the other, to be calculated from the date the notice is mailed.

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.