IFB31-6003_Aviano_FEPP_Final.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

SOLICITATION OF OFFERS FOR SALE OF

IFB 31-6003

SEALED BID

Term Sale

Foreign Excess Personal Property (FEPP) at

DLA Disposition Services Aviano

Area F Edificio 1459

Aviano, Pordenone Italy 33080

Inspection Period Begins June 10, 2026, 1:00 p.m. Eastern Standard Time (EST)

Offer Closing Date/Time: June 29, 2026, 1:00 p.m., EST Battle Creek, Michigan, USA

Sales Point of Contact (SPOC):

Denis Valdevit: Email denis.valdevit.it@dla.mil Phone: 39-0434-159-0188

Martina Marcolin: Email martina.marcolin.ita@dla.mil Phone: 39-0434-179-7705

Sales Contracting Officer:

KRIS SMOKER EMAIL:

kris.smoker@dla.mil mailto:denis.valdevit.it@dla.mil mailto:martina.marcolin.ita@dla.mil mailto:kris.smoker@dla.mil

A INTRODUCTION

A.1 Base Access:

A.2 Useful Websites:

A.3 Item Description:

A.4 Packing:

A.5 Removal:

A.6 Inspection:

A.7 Loading:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 Where to Submit Bid:

D.5 A Responsive Bid:

D.6 When to Send Bid:

D.7 How to Modify/Cancel Bid:

D.8 Bid Evaluation:

D.9 Ineligible Bidder:

D.10 Pre-Award Survey:

D.11 Environmental Responsibility Determination (ERD):

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

D.13 Contract Award:

D.14 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 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:

I MATERIAL REFERRALS AND TITLE TRANSFER

I.1 Material Referral:

I.2 Dangerous Property I.3 Hazardous Property:

I.4 Classified Material:

I.5 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.6 Radioactive Property:

I.7 Other than "Demilitarization Code A” Property:

I.8 Demilitarization Code Assignment I.9 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.10 Title Transfer:

J COMPLIANCE WITH GOVERNMENT REGULATIONS

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

K PURCHASER RESPONSIBILITIES

K.1 Local Laws:

K.2 Training:

K.3 Tax or Penalty:

K.4 Letter of Authorization (LOA):

K.5 Purchaser Shall Not be allowed to Sell Material at Agency Locations:

K.6 Purchaser’s Use of Subcontractors:

K.7 Storage Charges:

K.8 Disposition and Use of Property:

L PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

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

M CONTRACT COMPLIANCE

M.1 Compliance with Applicable Laws and Regulations:

M.2 Licenses and Permits:

M.3 Duties of Care and Loyalty:

M.4 Prohibited Activities:

M.5 Purchaser Record Retention:

M.6 Records Maintenance:

M.7 Inspection of Records and Workplace by Government:

M.8 Contracts with Third Parties:

N DISPUTES AND CLAIMS

N.1 Disputes:

N.2 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Notices:

O.2 Severability:

O.3 Headings:

O.4 Survival:

O.5 Waiver:

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

O.7 Tense and Gender:

O.8 Entire Agreement and Modification:

O.9 Computation of Time:

O.10 Electronic Communication:

O.11 No Reimbursements:

O.12 Market, Resale and/or Export:

O.13 Government Liability:

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 offers for sale, via this Invitation for Bid (IFB), a requirements-type contract for usable Foreign Excess Personal Property (FEPP). This is a firm-fixed-price contract where the bid price is a percentage of the property's original acquisition value. The property consists of usable FEPP with a Demilitarization (DEMIL) Code of "A". Property with this code is subject to the Export Administration Regulations (EAR) but does not require demilitarization or mutilation before resale.

The property is located at the DLA Disposition Services field site in Aviano, Italy.

A.1 Base Access:

All locations where property is located may have strict rules that may prohibit access to some individuals.

To access USG facilities the purchaser 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 fulfilling requirements under this IFB and the resulting contract.

DoD Sponsored Contractors – US Citizens and Third Country Nationals not directly employed by the US Government, with duties on Spanish military installations for contract performance under DoD contract and/or support of US Forces must send the following information through their government POC to eucom.stuttgart.ecj5.mbx.odc-spain-clearances@mail.mil with a brief explanation of the work to be performed and expected duration.

(i) Country Clearance Request form (with APACS #)

(ii) Certificate of Liability Insurance in accordance with the requirements of the US-Spain Agreement on Defense Cooperation (ADC), valid for the time period of the request, signed by an officer of the company/corporation and endorsed by POC responsible for the work to be performed. [Upon request, the ODC Spain clearance section will provide a copy of the US-Spain Permanent Committee approved format with minimum required amounts of civil liability insurance].

(iii) Employee Certification from employer.

(iv) Point of Contact on the basis on which the duties will be performed or in-country Point of Contact are responsible for the work to be performed.

(v) 14 days processing time.

WARNING!

Country clearance requests that are not in compliance with attached procedures will not be processed.

Country clearance requests that are submitted with incomplete documents will not be processed.

Country clearance requests that do not meet the required lead-time will not be processed.

Country clearance requests will not be processed if they are not coordinated through a POC at the installation being visited.

The certificate of insurance must remain a one-page document.

mailto:eucom.stuttgart.ecj5.mbx.odc-spain-clearances@mail.mil

A.2 Useful Websites:

DLA Disposition Services: https://www.dla.mil/DispositionServices.aspx System for Award Management: https://sam.gov/ Bureau of Industry and Security: https://www.bis.gov/ U.S. Department of the Treasury: https://home.treasury.gov/

A.3 Item Description:

Table 1: IFB Item Number Details:

Item

Material

Location Original

Acquisition Value (OAV)

10 FEPP DLA Disposition Services Aviano 39,000,000.00

Historical one year documentation indicates an estimate of $13,000,000.00 per year for an Original Acquisition Value. The total Original Acquisition Value for a three-year term contract is estimated at $39,000,000.00. Future generation of this amount is not guaranteed and is provided for bidding and planning purposes only.

Foreign Excess Personal Property (FEPP) offered under this IFB is an item of personal property that is offered for sale outside the territory of the United States and has been determined to be safe to sell with a DEMIL code A, and Limited F. This property is sold by DOD is in “as-is, where-is” condition (See SBR Part 2, Art.2). This property has been determined to be excess to the requirements of the US DoD components, however, not all such property will be referred under this contract as agency regulations and policies may first require (1) reutilization within their agency or to special programs; (2) transfer to other federal agencies; or (3) donation to specified eligible entities, before an item is eligible for sale to the general public. The Agency’s overseas management of FEPP follows the guidance of 32 CFR 273.12 which describes excess personal property. Excess items may be described as “new” property, “usable” property, “repairable” property or “salvage” property. FEPP also includes rolling stock, which consists of self-propelled wheeled and track mounted vehicles (such as passenger motor vehicles, trucks and dozers) and trailers with or without property permanently affixed to it (such as semi-trailers, cargo trailers and special purpose trailers).

The FEPP offered under this IFB has been determined to be “new”, “useable” or “repairable’ under the General Services Administration (GSA) definitions. The FEPP property offered under this IFB would not be considered scrap, which is defined as property that has no value except for its basic material content. While DoD turn-in customers provide a supply condition code of A-H on all DTIDs for all property turned into the Agency, these codes are used in the DoD supply system as classifications for materiel in terms of readiness for issue and use, or to identify action underway to change the status of materiel. They do not directly correspond to the suitability of property being made available for reutilization, transfer, donation or sale. Agency personnel make an independent determination on whether the property should be classified as scrap because it has no value more than the item’s material content and/or whether an item is suitable for reutilization, transfer, donation or sale as FEPP. The quality of the property tendered under this contract will vary and it is being sold “as is where is” with no warranty as to its condition or suitability for its originally intended, or any other specific purpose.

https://www.dla.mil/DispositionServices.aspx https://sam.gov/ https://www.bis.gov/ https://home.treasury.gov/

This is a requirement-type contract. For property fitting the item descriptions herein, the agency (DLA) will tender all such property at designated field sites and receipt in place locations that has been entered onto its accountable property records and has survived all reutilization, transfer, donation screening and is excess to the needs of the United States Government and eligible for resale under US property disposal laws. The Purchaser should be aware that even where property has survived screening and would ordinarily be tendered to the sales Purchaser, SBR Part 2, Art 22 allows the Government to withdraw property prior to removal where it has a bona fide need for the property and that this may include the need of any component of the USG or the host nation. (See SBR Part 2, Art

22) The Purchaser will be required to purchase all such material as described in this IFB from the field site and the receipt-in-place locations that have been entered onto the accountable property system record. Purchaser must accept all material as described as tendered by the Agency at the bid price offered during the full term of this contract. Prices cannot be re-negotiated based on changes in market conditions.

There is no minimum or maximum quantity limit under this contract, and purchasers must accept and pay for material tendered until the thirty-six-month term of the contract has expired. No culling of described material will be permitted at sites, and the Purchaser must accept material from all locations specified in this IFB. Other locations may be authorized with mutual agreement.

Typical items are generally described as miscellaneous equipment and supplies, parts, furniture, vehicles, etc.

A.4 Packing:

Packaging consists of all types of traditional pallets/containers made of wood, metal, cardboard, plastic and of varying standard and non-standard dimensions. The containers are part of the sale. Purchaser may repackage.

A.5 Removal:

Monday-Friday 8:00AM-3:30PM excluding federally recognized holidays.

may be applied by the Government for any item(s) that are not removed from Government premises within five business days after customs have approved the removal.

The Agency will issue a consolidated list(s) of property being sold to the Purchaser. Purchasers must do a joint inventory at the Agency or RIP locations. The joint inventory will be signed by the issuer (Agency) and the receiver (Purchaser). Property on the signed and annotated joint inventory along with Customs Clearance documentation will represent the official transfer of title at the time of removal from government premises

Credit for Line-Item Discrepancies – Purchaser must notify the Government of any line-item discrepancies (i.e., quantity overage/shortage, item mis-description by NSN or LSN Master List). No additional credit requests will be authorized after the joint inventory has been signed off by the Purchaser and Agency. Failure to provide notice of an alleged discrepancy in accordance with the criteria set forth in this IFB will result in denial of the line-item discrepancy.

Purchaser must request an appointment with the customs officials within one business day of receiving the finalized Joint Inventory documentation. The Customs Clearance appointment request must be sent to the Sales POC for each removal request. After customs has approved the removal of property, the Purchaser must have all property removed from the temporary storage area within five business days. Purchaser must provide Customs Clearance paperwork prior to any removals.

The Agency will not provide the Purchaser with permanent indoor or outdoor storage space for property, or any space to store equipment, including MHE, at any location where the Purchaser is required to remove property at Purchaser’s expense. Workspace and temporary storage for supplies, packing, crating and handling will be coordinated and approved by the Area Manager. Minimal space equivalent to three pallet spaces will be provided for packing, crating and handling supplies.

A.6 Inspection:

Monday-Friday 7:30AM-2:30PM excluding federally recognized holidays.

The bidder is invited, urged and cautioned to inspect the property prior to submitting a bid. Property will be available for inspection at the places and times specified in the IFB.

Inspections are conducted physically or by photograph. Contact the SPOC or alternate at least 72 hours in advance to schedule.

A.7 Loading:

Monday-Friday 8:00AM-3:00PM excluding federally recognized holidays.

The Purchaser is required to provide the MHE and load property. Larger items may require crane support.

Agency employees may assist with loading by forklift/MHE if available, initial placement only. The Government will not block, chock, brace, lash band or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. Purchaser personnel will not be permitted to operate the Government-owned MHE.

Additional manual handling, moving and possible dismantling/disassembling of Property may be required.

Purchasers are considered shippers and loaders. All contractor operated cranes, overhead hoists and boom trucks must comply with NAVFAC P-307 "Management of Weight Handling Equipment". The DLA Disposition Services will call the Base Crane Inspectors to inspect the contractor crane before operation on Base.

RIP Locations:

See attachment ”A” for RIP locations.

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 as the Statement of Intent (SOI) is sent to AHB as part of the pre-award process.

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

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

C SALE BY REFERENCE (SBR)

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

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

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

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 4,12

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except 7, 12, 28, 29, 30

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed Term Conditions: All Articles Apply except 5.

C.5 SBR Part 5:

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

C.6 SBR Part 6:

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

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All conditions apply except A, B, C, D, E, F, G, H, H, I, J, K, L, M, N, O, R, T and U

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All articles apply except: D, H, I and 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 be based upon a percentage of the U.S. Government’s “Original Acquisition Value (OAV)”, as listed in section A.3 specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid.

Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per unit of issue.

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

D.2 Identification of Sales Purchaser:

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

D.3 How to Bid:

If Bidders have questions or need assistance contact the SCO.

Bidders shall submit their bids as a percentage of the U.S. Government’s “Original Acquisition Value (OAV)”, as listed in section A.2.

For illustrative purposes, if the “Original Acquisition Value (OAV), was listed in section A.2, as $45,000,000. If bidder A’s bid is 5% (0.05), it will be submitted as follows, if using form SF 114 & SF 114A.

EXAMPLE 1: SF 114A

Under the “Unit Price Bid” column input the percent of OAV as a decimal (1%=0.01, 3.5%=0.035, etc.)

Multiple OAV offered by unit price ($45,000,000 X 0.05 = $2,250,000.00), input result under the “Total Price Bid” column.

EXAMPLE 2: SF 114

D.4 Where to Submit Bid:

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

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

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

mailto:dla.sales@dla.mil

D.5 A Responsive Bid:

It is a bid that 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

• Bid Acceptance must remain valid 90 calendar days from the bid opening.

Note: Bidders do not have to use authorized bid forms; however, if a bidder uses another form to submit a bid, the bid may be considered only if—

(a) The bidder accepts all the terms and conditions of the offer to sell; and

(b) Award of the bid would result in a binding contract.

D.6 When to Send Bid:

Bids must be in possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is late, it will be returned without consideration according to 41 CFR 102-38.250.

Additional late rules to consider are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

D.7 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, to modify a bid, submit a new bid in the same manner as the previous bid. Separately, without disclosing bid amounts, notify the SCO of the modification. To cancel a bid, submit a zero

(0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time and method of bid submission). Bidders are responsible for submitting bids, and any modifications, revisions, or withdrawals, to reach the Government office designated in the solicitation by the time specified in the solicitation. Modification, revision, or withdrawal of the bid received at the Government office designated in the IFB after the exact time specified for receipt of the IFB is “late” and will not be considered.

D.8 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, and has no disqualifying factors (i.e., it is not suspended, debarred or an ineligible transferee). A responsive bid is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that can pass the vetting process and is determined through the screening process to be an eligible transferee. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government. The general standards in FAR Part 9 on Purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 704 but may be considered by the SCO in evaluating bidder responsibility.

The Government intends to make a single award to be made to a responsible bidder with the highest priced responsive bid, unless a determination is made to reject the bid under SBR Part 2, paragraph 3.

For illustrative purposes, if the item being advertised for sale were blue widgets with an acquisition value of $1000.00 each with an estimated of 500 Blue Widgets delivered per year. Bidder A submits a bid for 10% of the acquisition value per blue widget for a per widget purchase price of $100.00 or a total extended bid amount of an estimated $50,000. Bidder B submits a bid for 7% of the acquisition value per blue widget for a per widget purchase price of $70.00 or a total extended bid amount of an estimated $35,000.00, Bidder A is the AHB.

D.9 Ineligible Bidder:

Bidder will not be eligible for award if they are:

• Officially indebted to the U.S 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.10 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the AHB. The SCO will provide notification that you are the AHB, and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed.

The AHB shall be required to provide detailed information on every storage location the AHB intends to use. The pre-award survey may be conducted at the AHB’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 AHB’s facilities and equipment, financial capability or disclosure of the AHB’s financial condition, quality assurance, safety, environmental responsibility, and transportation. The AHB is advised that accomplishment of a pre-award survey or furnishing documents to the Agency in support of the pre-award survey is part of the assessment of the bidder’s responsibility and is not a guarantee the bidder will receive award of a contract. The SCO may rely upon information obtained in the pre-award survey in assessing the bidder’s present responsibility.

Once notified that you are the AHB, 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.

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

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

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

D.11 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Agency conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the 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.

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

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

https://beta.sam.gov/ https://legacy.export.gov/csl-search

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

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

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

Prior to the award of a contract, the Agency shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a subcontractor) to perform the work specified in this contract and can comply with the applicable Host, state and local laws, ordinances and regulations.

D.13 Contract Award:

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 provision in Title 40, U.S.C., Chapter 7.

Under Title 40, U.S.C., Chapter 7, and SBR Part 2 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 payment is posted and confirmed by the SCO; and all other vetting has been completed, a Start of Work meeting will be scheduled.

D.14 Start of Work Meeting:

The purpose of the meeting is to ensure the Purchaser fully understands the terms and conditions of this contract. The Agency shall determine the method, date, time, and location of the start of work meeting. The Purchaser is responsible for any cost incurred by their organization and staff. The Government shall not provide any compensation for costs incurred to attend meetings. At the conclusion of this meeting, the official signed Notice of Award will be sent to the Purchaser and SPOC, and this will constitute the official award of the contract to the AHB. 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, consent, 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 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 Defense Finance and Accounting Service (DFAS) shall return any available balance of the deposit, without interest, to Purchaser at the completion of their process. The Bidder or Purchaser hereby agrees that the Agency may use all or any portion of any refund due to satisfy, in whole or in part, any debt arising out of prior transactions with the Agency.

F.2 Insurance and Bond Contract Requirements:

Purchaser shall obtain the minimum coverage specified in SBR Part 5, Article D unless the Agency approves a variance from such minimum coverage. Purchasers shall obtain and maintain the insurance and bond requirements throughout the performance period. Proof of coverage will be provided to the SCO prior to performance.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB will consist of a 36-month base period, followed by two 12-month option periods that may be exercised at the SCO’s discretion. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of any 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 any combination of option periods and extension are used, shall not exceed 60 months.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable Host Nation, state, local codes, DoD regulations, and the Environmental Final Governing Standards 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, state, local codes and IAW regulations.

G.3 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is performed in an environmentally compliant manner. As such, prior to the award of any hazardous item, each high bidder’s premises and/or the intended disposal facility may be subject to an on-site inspection by a government representative. All Bidders/Purchasers are advised that they must comply with all applicable Host Nation, state and local laws, ordinances, regulations, and the Environmental Final Governing Standards with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.4 Termination for Default:

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

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

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

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

G.5 Records:

Unless otherwise provided in this contract or by statute, the Purchaser shall maintain all records and documents relating to the terminated portion of this contract for six (6) years after final settlement. This includes all books and other evidence bearing on the Purchaser’s costs and expenses under this contract. The Purchaser shall make these records and documents available to the Government, at the Purchaser’s office during normal business hours without charge. Records and documents may be digitally scanned for electronic storage at no cost to the Government.

H PAYMENTS

H.1 The Billing Cycle:

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.

H.2 Types of Acceptable Payments:

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

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

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

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

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

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

H.3 Payment Confirmation:

The Government does not provide payment confirmation. Purchasers shall submit proof of payment to the SCO, showing type of payment, amount, and date submitted. The SCO will ensure payment is applied to the Purchaser’s account.

I MATERIAL REFERRALS AND TITLE TRANSFER

I.1 Material Referral:

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

I.2 Dangerous Property Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. The Government assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or disposition of this material. The Purchaser shall hold the Government harmless from all such demands, suits, actions, or claim arising from or otherwise relating to the purchase of this material.

Purchaser shall comply with all applicable Host Nation, state and local laws, ordinances, and regulations when handling and/or disposing of said property.

I.3 Hazardous Property:

Performance of this contract does not require nor authorize the Purchaser to handle Hazardous Property.

Despite all best efforts by the Government, should Hazardous Property be discovered, the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.4 Classified Material:

Performance of this contract neither requires nor authorizes the Purchaser to handle classified property or documents. Should Purchaser’s employees handle actual or suspected classified property or documents, the Purchaser shall immediately secure the documents or property from both physical loss and compromise and immediately notify the Agency’s Site Lead and the SCO of the discovery. The Purchaser shall submit a SF364 ROD. The Agency will arrange for pick up and removal of such material. Under no circumstances shall the Purchaser release the property or documents to anyone other than designated personnel. If the contents of said documents or property are at a level that requires debriefing, the Purchaser’s personnel shall be made available to the proper Government authorities for this action.

I.5 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 SF364 ROD. The Agency will arrange for pick up and removal of such material.

I.6 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 the 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.7 Other than "Demilitarization Code A” Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” property or limited DEMIL Code F that is considered safe to sell without export restrictions. Should Purchaser employees suspect other than “Demilitarization Code A “or DEMIL Code F (safe to sell) 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 SF364 ROD. The Government will arrange for pick up and removal of such material.

I.8 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.9 Standard Form (SF) 364 Report of Discrepancy (ROD):

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

A copy shall be submitted to the SCO requesting disposition instructions and/or further resolution if required. The ROD shall be submitted within 30 days of the time the Purchaser knew, or should have known, of the discrepancy or non-conforming tender.

I.10 Title Transfer:

Validation of Delivery Order (DO) – The Government will issue a consolidated list(s) of property being transferred to the Purchaser on the DO. The DO will be reviewed and signed by both the issuer (DLA Disposition Services) and the receiver (Purchaser) acknowledging acceptance of the property. The signed DO represents the official transfer of title to the Purchaser.

Title Transfer of Property –Purchaser is responsible for paying for all items appearing on the Delivery Order unless it is approved as a line-item discrepancy by the SCO. Unless otherwise provided in this IFB, DLA Disposition Services will transfer title to the Purchaser upon property issuance on a Delivery Order signed by both the issuer (DLA Disposition Service) and the receiver (Purchaser). The signed and annotated DO represents the Purchaser’s acceptance of property and the official transfer of title. Any subsequent resale transactions of property are between the Purchaser and the resale buyer, not the Government and the resale buyer.

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.