IFB 31-4000 Djibouti Scrap.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

SCRAP METAL AND RESIDUE FROM OTHER MUTILATED COMMODITIES

IFB 31-4000

SEALED BID

TERM SALE

For

DLA Disposition Services Djibouti, Africa

Offer Closing Date/Time: May 29, 2024, 13:00 p.m., local time Battle Creek, Michigan, USA

Inspection Period Begins May 1, 2024, 1:00 p.m. EST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.Rogers@dla.mil

PHONE: 269-961-5015

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North

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

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description and Bidding:

A.4 Table 1:

A.5 Packing:

A.6 Loading and Removal:

A.7 Inspection:

A.8 Sales Point of Contact (SPOC):

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

B.3 Customs and additional Processing May Be Required:

B.4 Processing Operations:

B.5 Equipment:

B.6 Personal Protective Equipment (PPE):

B.7 Title:

B.8 Facility Access:

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.3.1 Unbalanced Bidding:

D.4 A Responsive Bid:

D.5 How to Modify/Cancel Bid:

D.6 Bid Acceptance Period:

D.7 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Screening and Assessment of Apparent High Bidder:

D.9.1 Environmental Responsibility Determination (ERD):

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

D.11 Contract Award:

D.12 Post-Award Conference:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 Prepayment:

F.2 Liability and Insurance:

G CONTRACT PERFORMANCE

G.1 Performance Period:

G.2 Option Quantities:

G.3 Regulatory Compliance:

G.4 Environmental and Safety Notice:

G.5 Right to Appeal:

G.6 Records:

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

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of late or short payments:

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS AND MATERIAL

BREACH

I.1 Product Pool:

I.2 Material Flow:

I.3 Material Referral:

I.4 Classified Material:

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

I.6 Radioactive Property:

I.7 Hazardous Property:

I.8 Demilitarization Code Assignment:

I.9 Scrap Warranty and Exemptions from the scrapping requirement:

I.10 Foreign Attachment:

I.11 Miscellaneous Debris and Dunnage:

I.12 Title Transfer:

I.13 Termination:

I.14 Agency Remedies for Material Breach by Purchaser:

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 Letter of Authorization (LOA):

K.4 Purchaser Shall Not be Allowed to Sell Material at Agency Locations:

K.5 Purchaser Use of Sub-Contractors:

K.6 Containers:

K.7 Removal and Replacement of Containers:

K.8 Segregation and Sorting of Scrap by SCL at Agency Locations:

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 Notices:

N.2 Severability:

N.3 Headings:

N.4 Survival:

N.5 Waiver:

N.6 Force Majeure:

N.7 Use of the Agency Name and Public Communications:

N.8 Tense and Gender:

N.9 Entire Agreement and Modification:

N.10 Computation of Time:

N.11 Electronic Communication:

N.12 No Reimbursements:

N.13 Market, Resale and/or Export:

N.14 Government Liability:

O GOVERNMENT REQUIRED REPORTS

O.1 Government Use of Purchaser Reported Information:

O.2 Performance Measure Requirements and Reports:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Chemical Agent Resistant Coating (CARC) Paint:

P.2 Refrigerant:

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a 60-month term public sales contract for scrap through this Invitation for Bid (IFB). The options associated with the 60-month term period do not relate to additional periods of performance in reference to time as one observes in a traditional contract, but the Agency’s discretion to issue additional weight if the original base period quantity weight maximum is reached. In the only period of performance, i.e., the 60-month term period, the additional weight provided in the exercise of each option occurs without extending the 60-month term period of performance. See note section in A.4 Table 1.

A.1 Base Access Requirements:

All locations where property is located may have strict rules that may prohibit access to some individuals. To access our facilities, an apparent high bidder or their agent shall be required to obtain base access through the host installation. The local Disposition Services location will be able to provide information on how to obtain base access. Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser has been awarded a contract under this IFB.

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

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

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://beta.sam.gov/ Bureau of Industry and Security: https://www.bis.doc.gov/ U.S. Department of the Treasury: https://home.treasury.gov/ Consolidated Screening List Search Engine: https://legacy.export.gov/csl-search Joint Contracting and Contingency Services (JCCS): https://www.jccs.gov/olvr/default.aspx

A.3 Item Description and Bidding:

The Government will provide an estimated total of 2,540,000 KG. of total material during the 60-month base period of this contract. Weight quantities may vary from a minimum of 1,270,000 total KG to a maximum of 4,000,000 total KG. The only guaranteed quantity the USG guarantees a Purchaser will receive/remove is the stated overall minimum of 1,290,000 which may be comprised of any of the Items/SCLs in this offering.

The estimated 2,580,000 KG of material may be comprised of material from each of the Items/SCLs below. The government does not guarantee any specified quantity for any Item/SCL and there are no maximum or minimums for any specific Item/SCL. The Government segregates Items by SCL and the purchaser will load Items and weigh Items by SCL. Material with different SCLs may not be loaded and weighed together. Each load will be sold at the bid price provided from the awardee for that particular Item/SCL.

The future volume, quality or market value of any Item/SCL cannot be predicted. Applicable statutes, regulations, policies and agreements govern whether the disposition of particular items of material is processed through DLA Disposition Services or through other disposition methods. The volume and nature of the property referred for sale under this contract could be affected by such changes and are not guaranteed. The specific amounts are unknown as this is a sales contract for future generation of scrap. The generation for these items will fluctuate due to dependence on operational aspects of the worldwide USG mission. Bidders awarded a term scrap sales contract should not assume that they will receive volumes of scrap with the same or similar quantities and types that have been tendered to any other previous awardee under any other contract.

https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://beta.sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://www.jccs.gov/olvr/default.aspx

The property included on this contract is surplus property formerly owned or purchased by the USG under customs exemptions contained in international agreements. Therefore, removal of property from US Installations (and US control) may require advance approval of the appropriate customs officials, preparation of customs documentation, posting of bonds, and payments of customs duties. The USG has determined the material to be scrap under its internal regulations. Regardless of how the USG has characterized it, officials may still impose fees, charges, or 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 for foreign government taxes, duties, or similar charges. The scrap property is being sold to purchasers in their individual capacity. 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 custom 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.

If Djibouti Customs will not allow import of any Item offered below for purposes of re-sale, the Purchaser shall be relieved of any responsibility for removal of that particular Item and purchase of such Item and the Government shall be entitled to reduce the guaranteed Minimum quantity offered under the contract using historic generation data for one (1) year for that particular Item. Purchaser must provide a written decision from Djibouti Customs for any Item that is denied for import for purpose of re-sale. Upon presentation of a written decision from Djibouti customs, the contract will be modified, and the Item will be removed from the contract. This provision will not apply to situations where Djibouti Customs will permit the import of Items for re-sale, but the Item is currently not marketable for re-sale as scrap in Djibouti. Purchaser is solely responsible for any disposal costs that are ultimately incurred to dispose of an Item after title has transferred if Djibouti Customs has approved the Item for import for the purpose of re-sale.

ALL OR NONE BIDDING

The bidder awarded this contract will be awarded all Four (4) of the Items 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 bid will be determined by using the highest total price of all Four (4) items.

Item 1 – E1LA Iron and Steel scrap - Unit -Bid Price * 2,300,000 KG = $A

Item 2 – G01A Tires - Unit Bid Price * 175,000 KG = $B

Item 3 – G05A Rubber - Unit Bid Price * 40,000 KG = $C

Item 4 – C1AA Textiles - Unit Bid Price * 25,000 KG = $D

A + B + C +D = $X

X = Highest Total Amount in US dollars for the estimate of 2,540,000 KG comprised of the 4 Items offered for sale.

Please note that the above quantities for items 1 to 4 will be used for bid evaluation purposes only. They are not estimates or guarantees of actual quantities of each item to be tendered during performance of the contract. See the first and second paragraphs of section A.3, above.

The bidder with the highest total amount 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 demonstrates a capability to remove some, but not all, of the items listed in the IFB.

ITEM DESCRIPTIONS

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and other than the Scrap Warranty has no additional restrictions by this Agency. The scrap material issued under this contract shall be assigned a Demilitarization Code of A and will be categorized into the SCL(s) listed below.

Item 1: E1LA – Iron and steel scrap, mixed w/foreign attachments. Examples include, but not limited to, generators, re-bar, vehicles, vehicle parts, miscellaneous tools, and toolboxes.

Iten 2: G01A Tires - Examples include, but not limited to Rubber tires aircraft/vehicular, trailers, (MHE) material handling equipment tires, ATV tires.

Item 3: G05A Rubber - Rubber scrap not otherwise classifiable, Examples include, but not limited to rubber inner tubes, rubber boots and hoses.

Item 4: C1AA - Textile scrap – items primarily made up of cloth. Examples include, but not limited to, backpacks, sleeping bags, tent canvas, and tarps.

A.4 Table 1:

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

Base/Option Line Items Location Material Total QTY

(KG.)

Minimum Guaranteed

QTY (KG.)

Maximum Allowed QTY

(KG.)

Base QTY Djibouti Items 1-4 2,540,000 1,270,000 4,000,000

Option QTY 1 Djibouti Items 1-4 N/A N/A 4,000,000

Option QTY 2 Djibouti Items 1-4 N/A N/A 4,000,000

Option QTY 3 Djibouti Items 1-4 N/A N/A 4,000,000

Option QTY 4 Djibouti Items 1-4 N/A N/A 4,000,000

Note: Only the initial base quantity has a guaranteed minimum. Once the minimum in the initial base quantity is reached and any option quantity is 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 quantity maximum of 4,000,000 total pounds is reached. Option period quantities will be billed at the same price offered for the base period.

A.5 Packing:

Property is loose on the ground, packaged and unpackaged, loose in cardboard cartons, wooden boxes, crates and on pallets which are included in the sale and removal weight. Some material may be package in containers that must be returned to the Government. The returnable containers will be identified prior to removal and annotated on the removal documents.

The Purchaser will not be provided 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, except as noted herein. Temporary storage areas with a capacity to accommodate the required amount of scrap containers needed as mentioned above, may be offered as determined by DLA Disposition Services Disposition Services Area Managers or as authorized by DLA Disposition Services Sales POC for Djibouti, Africa.

Initial container replacement - Purchaser will provide one bin/hopper/roll off container per SCL listed for each pick-up location.

Once Purchaser places the container(s) at the beginning of the contract, all property received and issued from that time will be placed in the Purchaser provided containers for Purchaser removal.

After commencing performance under the contract, the Purchaser and Area Manager, Site Lead or SPOC may agree to change the amount and size of the containers for specific SCLs. The change in container size must not impede rate of removal or customer support. Container size and quantity may vary based on SCL and the volume due to customer turn-in rates.

A.6 Loading and Removal:

Monday-Friday 7:30AM-2:00PM Eastern Africa Time (EAT) excluding federally recognized holidays.

Purchaser will provide one bin/hopper/roll off container per SCL listed for each pick-up location. Purchaser is responsible for loading purchaser containers on to purchaser’s trailers. Government may assist in loading if material handling equipment (MHE) and operator is available. Contact POC for specific site for availability of MHE.

Additional manual handling or moving by purchaser, may be required. Additional manual handling or moving by purchaser, may be required. Flatbed trucks, specialty trailers or box trucks may be needed at times for bigger, bulkier property.

Container(s) shall be in place within five calendar days after Post-Award conference. When purchaser executes a removal, the Purchaser will drop an empty bin/hopper/roll off container to replace the full bin/hopper/roll off container being removed.

Property will primarily be located at Camp Lemonnier Djibouti. With mutual agreement of the purchaser, property may also be referred for sale at other “Receipt in Place” (RIP) locations within the country of Djibouti.

A.7 Inspection:

Monday-Friday 7:30AM-2:00PM Eastern Africa Time (EAT) excluding federally recognized holidays.

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

Inspection for property Contact the POC provided. 24-hour notice required prior to inspection of property.

A.8 Sales Point of Contact (SPOC):

Joshua Shewchuk, 311-824-5198, Joshua.B.Shewchuk@dla.mil

Shawn Mock, 324-206-9518, Shawn.Mock@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 weight offered or described in this auction are based on historical information from previous sales and are estimates only.

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

mailto:Joshua.B.Shewchuk@dla.mil mailto:Shawn.Mock@dla.mil

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Full clause text included in attachment.

B.2 FAR Provision 52.204-25:

FAR Provision 52.204-25 is applicable.

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

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

Full clause text included in attachment.

B.3 Customs and additional Processing May Be Required:

Purchaser is responsible for all customs declarations associated with removal. Arranging meetings with Customs:

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

Contacting Customs: Prospective purchasers are strongly encouraged to contact Djibouti customs officials or a knowledgeable trade advisor prior to bidding. Scrap is defined as property that has no value except for its basic material content. Resulting residue MAY contain items that appear in condition other than Scrap. By the USG determination, other than the Scrap Warranty no further processing is required to meet the definition of scrap items.

However, Djibouti may determine additional scrapping or mutilation is required to meet their definition of scrap or to be eligible for tariff/duties assessment at the desired rate, or to be entered into their customs territory. The USG restates, it is the Purchaser’s responsibility to set up all meetings with Djibouti customs or other Djibouti officials and to determine the applicable requirements and negotiate any desired arrangements.

The scrap purchaser must request an appointment with the responsible customs officials within one (1) business day of written notification of removal, via email by the field site to the Purchaser. The written Custom Clearance appointment request must be sent to DLA Disposition Services Area Managers or the DLA Disposition Services Sales POC for Djibouti, Africa for each removal request. After customs has approved the removal of scrap property, the purchaser must have the container(s) removed and replaced with the equal amount of empty container(s) within Five (5) business days. Purchaser must provide Custom Clearance paperwork prior to any removals. Special circumstances may arise where DLA Disposition Services will allow certain scrap property to remain at a Government facility after email notification for removal has been given, however, written authorization from a DLA Disposition Services Area Manager for these exceptions are required. The Purchaser may be charged storage charges for each scrap container not removed from the Government facility within Five (5) business days of the Djiboutian Customs approval for removal unless prior approval has been granted by the DLA Disposition Services Area Manager. Normally, approval will not exceed fifteen (15) days or thirty (30) days at receipt in place locations.

Additional processing: It is understood that Djibouti Customs may require additional processing prior to or after removal. i.e., Djibouti customs law may require a more significant degree of mutilation in order to allow the property to be released as scrap to enter Djibouti customs territory, transit through Djibouti, or be exported from Djibouti. Unless other arrangements are made with Djibouti customs officials, further processing will need to be performed by the purchaser prior to removal from the Disposition Services yard. Purchaser is authorized to further process material required by Djibouti Customs or downsize material to the point the material can fit into the https://www.acquisition.gov/far/52.204-25

Purchaser’s conveyance. No harvesting of material will be allowed and all material or residue from further processing or downsizing must be removed that same day.

Purchaser is authorized to downsize material to the point the material can fit into the Purchaser’s conveyance in accordance to specifications provided by the base/installation. Purchaser is responsible for any required actions for completion of the downsizing (e.g. utilizing containment for residues from cutting/grinding) and any cleanup requirements for turning the site back over to the base/installation. This includes removal of residues or any spills that may arise from the downsizing and/or removal process. Spill kits, dry sweep/oil absorbent, containment and removal of debris and all costs associated to the cleanup are the responsibility of Purchaser.

Additional requirements: The USG cannot predict or anticipate what those requirements will be. Djibouti customs requirements may vary depending on whom the successful purchaser is and what they intend to do with the material.

This is a matter of compliance with Djibouti law and any and all costs associated with Djibouti customs additional requirements above USG DEMIL/ MUT requirements is the sole responsibility of the Purchaser.

B.4 Processing Operations:

Purchaser must obtain and provide permits for processing and transportation. If an oversized vehicle or load is required, site will provide base permitting contact information.

Purchaser will not be provided with permanent indoor or outdoor storage space for property or equipment (including material handling equipment (MHE)). Temporary storage may be requested from the Area Manager in writing as the need arises to support productivity.

Anyone observing an unsafe act or condition will halt the operation. Notify the SCO immediately. Operations will not resume until authorized by the SCO.

B.5 Equipment:

Purchaser must supply all equipment and personnel for any additional processing of the property. Additionally, personal protective equipment (PPE), equipment and supplies to react to leaks, spills and clean-up of work area at the end of each day must be provided by the Purchaser.

Equipment may include, but is not limited to a shear, scrap knuckle boom, shredder, torch machine, plasma cutter and Personal Protective Equipment.

B.6 Personal Protective Equipment (PPE):

In accordance with host nation standards, Purchaser must provide employees Personal Protective Equipment (PPE) to protect from lethal projectiles, hot metal, sparks, flames and other hazards.

B.7 Title:

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 and 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.

B.8 Facility Access:

Purchaser is responsible to obtain all base badging for laborers and transportation drivers. The Awardee must have base access for personnel within 60 days of contract award unless an extension is granted by the SCO. The local site and SCO will provide the necessary documentation to confirm base access requirements. 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).

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.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 5 Paragraph 12

Modified: Paragraph 4 is amended to Notice of Award (NOA)

C.2 SBR Part 2:

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

Paragraph 3(b) Modified bid acceptance period modified from 60 days to 120 days.

Paragraph 12 Paragraph 13(c) Paragraph 19.

Paragraph 28 Paragraph 29 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)” Paragraph 34

C.3 SBR Part 3:

Sale of Government Property Special Sealed Bid Conditions: All conditions apply.

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: All conditions apply except: Paragraph 5

Paragraph 6 Modified termination period modified from 30 days to 60 days.

C.5 SBR Part 5:

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

Article A Article E Article G Article H Article L

C.6 SBR Part 6:

Additional Special Circumstances 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 C

Article F Article G Article H Article I Article J Article K Article M Article N Article O Article R Article T Article U Article X Article Y

C.8 SBR Part 8:

Additional Special Circumstance Conditions - Foreign Excess Personal Property: All conditions 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 Unit Bid Price submitted for each Line Item. 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.

Purchaser vetting, and Purchaser validation and registration, two separate processes, are important steps after bid is submitted and can take up to four weeks to complete. Joint Theater Support Contracting Command has a process of evaluating the security risk of companies. Additionally, the Joint Contingency Contracting System (JCCS) Business Advisor will assist companies to register online in JCCS, and review/validate the Purchaser's JCCS Profile, along with the Purchaser's uploaded business registration documents. While an active profile does not mean a contract will be awarded; without an active, current profile a contract award is prohibited.

No waivers for requirements are possible. Companies may be asked to complete the process. A request for completing the process does not guarantee or confirm contract award. The registration process is the responsibility of the bidder.

D.2 Identification of Sales Purchaser:

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

D.3 How to Bid:

Use the SF114 and SF114A provided with this IFB to submit a bid. Enter the bid amount as a price per unit of issue not to exceed five decimal places (example 0.01005). The minimum acceptable bid is .01000 per unit of issue.

Multiply your bid price by the quantity specified for extended bid amount to verify the worksheet calculations are correct.

The bid will be determined by using the highest total price of all Four (4) items.

Item 1 – E1LA Iron and Steel scrap - Unit -Bid Price * 2,300,000 KG = $A

Item 2 – G01A Tires - Unit Bid Price * 175,000 KG = $B

Item 3 – G05A Rubber - Unit Bid Price * 40,000 KG = $C

Item 4 – C1AA Textiles - Unit Bid Price * 25,000 KG = $D

A + B + C +D = $X

X = Highest Total Amount in US dollars for the estimate of 2,540,000 KG comprised of the 4 Items offered for sale.

Do not email bids or call-in bids directly to the SCO. Email bids to: DRMSSALESBIDS@DLA.MIL

Option period quantities will be billed at the same price offered for the base period.

D.3.1 Unbalanced Bidding:

Unbalanced bidding refers to the submission of bids that contain significantly loaded prices for various items, which may distort the overall bid allocation and unfairly advantage the bidder. The Purchaser agrees to submit balanced bids, where the bid prices for various items accurately reflect its fair market value or the expenses and revenues associated with the purchase and processing of the material. The Government reserves the right to evaluate bids for unbalancing and may reject any bid deemed unbalanced. In the event the Government determines a bid price for any item is found to be unbalanced, the Government will notify the Purchaser of the specific discrepancies identified and may request the Purchaser provide additional clarifications or breakdowns of bid prices. Failure to submit balanced bids or address identified unbalanced bidding may result in the disqualification of the bid.

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D.4 A Responsive Bid:

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

• SF114 completed and signed.

• SF114A

• JCCS proof of registration.

• Bids and all documents above must be in the possession of the Agency’s Public Sales Contracting Division by the Offer Closing Date and Time specified in this IFB to be considered responsive.

D.5 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, modify a bid 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 Acceptance Period:

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

D.7 Bid Evaluation:

A responsible bidder is one that has the necessary organization, experience, financial resources, accounting process, operational controls, technical equipment and facilities, or the ability to obtain them, to perform the requirements of the sales contract, has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee) and able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid.

Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be 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 § 704 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

D.8 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.

• Subject to denial, suspension, debarment, or other sanctions pursuant to export control and related laws, regulations, or orders administered by the DOS, DOC, DHS, or USTD. The DOS, DOC, DHS, and USTD name these entities, individuals, and countries in the Federal Register and at the following website: Consolidated Screening List Search Engine (https://legacy.export.gov/csl-search).

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

D.9 Screening and Assessment of Apparent High Bidder:

Be advised that the pre-award screening and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

https://www.jccs.gov/olvr/default.aspx

The Agency will conduct a pre-award assessment of only the Apparent High Bidder (AHB) as part of the responsibility determination. The SCO will provide notification to the AHB and provide the Statement of Intent (SOI) DLA Form 2536 with notification. The SOI must have parts 1-6 completed and signed. The AHB must complete the SOI according to the instructions provided and sign. A Pre-Award survey for an Environmental Responsibility Determination may be conducted at the AHB’s facility. The Pre-Award screening and assessment may include, but is not limited to, a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility, operational or business plan, and transportation capabilities. The SCO may request information in writing or may have individuals from the local site conduct physical inspections of facilities.

The Apparent High Bidder must cooperate in the pre-award process by coordinating arrangements for a facility inspection and/or by providing requested information in a timely manner. Failure to meet deadlines established by the SCO for coordination and/or submission of information may result in a non-responsibility determination.

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

D.9.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services may 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, Department of Defense policies, host nation laws and local regulations. All downstream facilities receiving Government property to be processes shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed.

ERDs may take up to 10 business to complete. Any findings annotated by the Government during an ERD must be corrected prior to a proposed destination/facility’s use. Purchaser is not authorized to process Government material at a site other than those listed on the SOI. Should Purchaser desire to use an alternate or additional destination at any time during the performance period, Purchaser will provide an updated SOI. Purchaser is not authorized to use a facility that has not been through the ERD process.

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

Prior to the award of a contract, the Agency shall determine whether the potential Purchaser has the necessary permits/licenses, experience, organization, and technical qualifications (either through its own facilities or facilities of a sub-contractor) to meet the terms and conditions and is capable of complying with the applicable DOD installation regulations and host nation laws, ordinances and regulations.

D.11 Contract Award:

The SCO shall determine if each bid is responsive prior to award of the contract. The contract shall be awarded to the highest responsive bid submitted by a responsible bidder. In the event of termination of the original Purchaser, the SCO may award the contract to the next highest responsive, responsible bidder if bids have not expired, and such award is otherwise determined to be in the Government's best interest.

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 40, U.S.C., Chapter 7.

Under 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 you have successfully completed the pre-award assessment as the apparent high bidder, you will receive a Statement indicating the amount of prepayment due. Submit payment within Five 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 Five business day suspense).

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

D.12 Post-Award Conference:

The Government shall conduct a post-award conference/start of work meeting within 10 calendar days after award. The purpose of the conference is to ensure the Purchaser fully understands the terms and conditions of this contract. The Agency shall determine the method, date, time and location of the 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. After this meeting processing and removals will be authorized.

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

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

E.2 Transfer and Hypothecation:

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

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

E.3 Contract of Sale:

Relationship of Parties - This contract is an agreement for the sale of the material by the Agency as seller to the Purchaser. Purchaser and the Agency expressly disavow the creation of any other relationship, including without limitation principal-agent, master-servant, employer-employee, general or limited partnership, or joint venture, between the Agency and the Purchaser.

Parties to the Contract: The parties to this contract are the Agency and the Purchaser.

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

On behalf of the Agency, the SCO has the authority to represent the Agency and to commit the Agency to take such actions as permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the performance of this contract. The exclusive representative of the Agency for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to the Agency from the Purchaser shall be deemed invalid unless addressed to the SCO.

Communications from the Purchaser to anyone other than an SCO shall not be deemed received by the Agency.

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND

REQUIREMENTS

F.1 Prepayment:

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 30 calendar days after the end of the performance period. The prepayment shall be applied to any unpaid billings or to offset any other claim that the Agency may have against the Purchaser. The Agency shall return any available balance of the prepayment, without interest, to Purchaser at the completion of the contract closure process.

F.2 Liability and Insurance:

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

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

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

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

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB shall consist of a 60-month term period. The contract contains four contract quantity options 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 4,000,000 KG. maximum (per option). Contract option quantities may be exercised at any point during Five-year term (period of performance). While the overall 60-month 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 bids the highest total amount for all Four (4) Items listed in A3.

Option period quantities will be billed at the same price offered for the base period.

G.2 Option Quantities:

The option periods included in this contract are exercised at the Government’s discretion. And 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.

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 Host Nation laws and regulations, and applicable US laws and DoD regulations pertaining to the health and safety of personnel and environmental management during operations.

G.4 Environmental and Safety Notice:

It is the responsibility of the Purchaser to ensure that the ultimate end use of the property is environmentally compliant. Prior to the award facility(ies) may be subject to inspection by a Government representative. Purchasers are advised that they must comply with all Host Nation laws and regulations and applicable US laws and DoD regulations, etc. with respect to human safety and the environment during the processing, use, or disposal of material purchased from the DoD.

G.5 Right to Appeal:

The Purchaser shall have the right of appeal, under the Disputes clause (see SBR Part 2, paragraph 33), from any determination made by the SCO.

G.6 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 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.

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

When the Purchaser identifies any discrepancy or questionable item for which it believes an adjustment is, or may be warranted, the Purchaser shall initiate a SF 364 ROD (i.e., shipping, packaging, non-conforming tenders, billing errors, etc.) Purchaser shall complete SF 364 ROD and submit it to the SCO. The property in question must be segregated and stored, by the purchaser until the SCO has completed their determination. The Purchaser must submit with their ROD any evidential matter that supports their ROD. This documentation could include, but would not be limited to, MROs and 1367s that apply to the discrepancy, photos, weight tickets from a certified scale.

No adjustment(s) will be made unless the Purchaser notifies the Sales Contracting Officer of any discrepancy or questionable item by written notice, within 30 calendar days after removal of the…