33-6019_ESACC_Pearl Harbor.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

EXPENDED SMALL ARMS CARTRIDGE CASING (ESACC) SALE

IFB 33-6019

SEALED BID

Term sale

For

DLA Disposition Services Pearl Harbor, HI.

Offer Closing Date/Time: May 28, 2026, 1:00 p.m., EST Battle Creek, Michigan, USA

Inspection Period Begins April 29, 2026, 9:00 a.m. HST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.Rogers@dla.mil

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

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Table 1: IFB Item Number Details:

A.5 Packing:

A.6 Removal/Loading:

A.7 Inspection:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

B.3 Demilitarization/Mutilation Operations:

B.4 Equipment:

B.5 Inventories:

B.6 Certifier/Verifier:

B.7 Facility Requirements for the Purchaser:

C SALE BY REFERENCE (SBR)

C.1 SBR Part 1:

C.2 SBR Part 2:

C.3 SBR Part 3:

C.4 SBR Part 4:

C.5 SBR Part 5:

C.6 SBR Part 6:

C.7 SBR Part 7:

C.8 SBR Part 8:

C.9 SBR Part 9:

C.10 SBR Part 10:

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

D.2 Identification of Sales Purchaser:

D.3 How to Bid:

D.4 A Responsive Bid:

D.5 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Acceptance Period:

D.8 Bid Evaluation:

D.9 Ineligible Bidder:

D.10 Pre-Award Survey:

D.10.1 Environmental Responsibility Determination (ERD):

D.11 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.12 Contract Award:

D.13 Start of Work Meeting:

E PARTIES TO THE CONTRACT

E.1 Purchaser Information:

E.2 Transfer and Hypothecation:

E.3 Contract of Sale:

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

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

F CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

F.1 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 Right to Appeal:

G.5 Records:

H PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

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

BREACH

I.1 Product Pool:

I.2 Classified Material:

I.3 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.4 Radioactive Property:

I.5 Hazardous Property:

I.6 Demilitarization Code Assignment I.7 Foreign Attachment I.8 Miscellaneous Debris and Dunnage:

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

I.10 Title Transfer:

I.11 Notice of Default:

I.12 Response to Notice:

I.13 Termination for Default:

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 Subcontractors:

L GOVERNMENT FURNISHED EQUIPMENT (GFE) & PURCHASER OWNED EQUIPMENT

L.1 Material Handling Equipment (MHE):

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

L.3 Government Furnished Equipment (GFE):

M GOVERNMENT FACILITIES

M.1 Physical Security:

M.2 Key Control:

N CONTRACT COMPLIANCE, AUDITS AND REVIEWS

N.1 Compliance with Applicable Laws and Regulations:

N.2 Licenses and Permits:

N.3 Duties of Care and Loyalty:

N.4 Prohibited Activities:

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

N.6 Purchaser Record Retention:

N.7 Records Maintenance:

N.8 Inspection of Records and Workplace by Government:

N.9 Contracts with Third Parties:

N.10 Disputes:

N.11 Alternative Dispute Resolution (ADR):

O MISCELLANEOUS PROVISIONS

O.1 Binding Effect:

O.2 Notices:

O.3 Severability:

O.4 Headings:

O.5 Survival:

O.6 Waiver:

O.7 Force Majeure:

O.8 Use of the Agency Name and Public Communications:

O.9 Tense and Gender:

O.10 Entire Agreement and Modification:

O.11 Computation of Time:

O.12 Electronic Communication:

O.13 No Reimbursements:

O.14 Market, Resale and/or Export:

P GOVERNMENT REQUIRED REPORTS

P.1 Government Use of Purchaser Reported Information:

P.2 Contract Performance Report (DLA 2533):

Q ADDITIONAL CONTRACT ADVISEMENTS

Q.1 Public Law Pertaining to Location Operations:

Q.2 Public Law Pertaining to Material:

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

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

Q.5 Refrigerant:

Q.6 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

Q.7 End Use Certificate (EUC) DLA Form 1822 Disposition and Use of Property:

R DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a 24 month term sales contract for Expended Small Arms Cartridge Casings (ESACC) through this Invitation for Bid (IFB). There are only two authorized end uses for this material as described in section A.3 below.

A.1 Base Access Requirements:

All locations where property is located may have strict rules that may prohibit access to some individuals. To access our facilities, an Apparent High Bidder (AHB) or their agent shall be required to obtain base access through the host installation. The local location will be able to provide information on how to obtain base access. Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that Purchaser is performing requirements under this IFB and the resulting contract.

Applicant must show vehicle registration, proof of current vehicle insurance and identification that meets the requirements of the REAL ID ACT of 2005 in order to register for enrollment in the Defense Biometric Identification System (DBIDS).

A.2 Useful Websites:

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

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

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

A.3 Item Description:

Two (2) authorized end uses. Exports are prohibited. 1. Reloading and 2. Recovery of material content.

1. Reloading – ESACC cannot be reloaded in Hawaii and any ESACC intended for reloading must be shipped back to the Continental United States (CONUS). The purchaser will be responsible for the shipping cost.

The facilities at which the Purchaser stores or reloads ESACC are subject to inspection by the Government at any time.

2. Recovery of material content – If ESACC is not shipped to CONUS for reloading, it must be mutilated. No ESACC may be reloaded in Hawaii or kept in its original form. The purchaser will be responsible for the shipping cost of removing the property to the location where it will be mutilated, and the destination must be listed on the SOI DLA Form 2536. The Purchaser may also ship ESACC to CONUS for mutilation. The facilities at which the Purchaser stores or mutilates ESACC are subject to inspection by the Government at any time.

a. If recovery of material content is in Hawaii, the Agency Verifier(s) must be present for all mutilation operations. ESACC mutilation operations will be done at the purchaser facility, and the facility must be located within 30 miles of Disposition Services Pearl Harbor. Method and degree of Demilitarization recommended are in the best interest of the U.S. and according to DoDM 4160.28 Vol 2. See B.3-B.7 for detailed mutilation requirements.

b. Purchaser may choose to ship ESACC back to Continental United States for recovery of material content. Purchaser location must be within CONUS. Shipment to Alaska, US Territories, and any other location outside of Continental United States is not authorized. The purchaser will be responsible for the shipping cost https://www.dla.mil/DispositionServices.aspx https://www.sales.dla.mil/dlab2b/init.do https://sam.gov/ https://www.bis.doc.gov/ https://home.treasury.gov/ https://legacy.export.gov/csl-search https://catscale.com/cat-scale-locator/

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383-124 Stat. 4191; 10 U.S.C. 2576) require the Department of Defense to make ESACC available for commercial sale.

ESACC are defined as cartridge cases from small arms ammunition (i.e., ammunition without projectiles that contained explosives (other than tracers), that is .50 caliber or smaller, or for shotguns) used in live-fire training or testing and collected after use during operations. ESACC is also referred to as "fired cartridge cases," or simply, “brass cartridges.”

There is no guarantee that every cartridge will be suitable for reloading. All cartridges are sold as-is/where-is and refunds will not be made for cartridges that cannot be reloaded.

ESACC are a Commerce Control List Items (DEMIL Code Q6) and subject to DoD Trade Security Controls, as outlined in DoDI 2030.08, "Implementation of Trade Security Controls (TSC) for Transfers of DoD U.S. Munitions List (USML) and Commerce Control List (CCL) Personal Property to Parties outside DoD Control."

Export outside the US is not allowed due to the inability to obtain the appropriate Trade Security Clearances.

ESACC is considered as Material Potentially Presenting an Explosive Hazard (MPPEH) until certified as Material Documented as Safe (MDAS). Trained and qualified Government appointed representatives have inspected and certified all material as MDAS.

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 DISPOSITIONS OF THIS

MATERIAL. THE PURCHASER SHALL HOLD THE GOVERNMENT HARMLESS FROM ANY AND ALL

SUCH DEMANDS, SUITS, ACTIONS, OR CLAIMS ARISING FROM OR OTHERWISE RELATING TO THE

PURCHASE OF THIS MATERIAL.

A.4 Table 1: IFB Item Number Details:

Item Material Desc. Bid QTY

(LBS.)

Minimum Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

01 DS000D50Q .50 CAL 243,600 121,800 365,400

02 DS000D5MB 5.56 MM 267,000 133,500 400,500

03 DS000D7MQ 7.62 MM 252,300 126,150 378,450

05 DS000D9MB 9 MM 31,900 15,950 47,850

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

A.5 Packing:

Property is packaged in tri-walls and on pallets. Pallets are included in sale. The USG will not re-package or shrink wrap. The purchaser must ensure packaging is safe for shipment. Purchase is authorized to repackage material as necessary for safe loading and transport.

89 Triwalls on Pallets of 5.56MM 11 Triwalls on Pallets of .9MM 87 Triwalls on Pallets of .5OCAL 87 Triwalls on Pallets of 7.62MM

A.6 Removal/Loading:

Monday - Friday from 0800-1130 and 1300-1500 Hawaii Standard Time (HST), excluding federally recognized holidays. Purchaser will pick up property from Bldg. 111/112 - 17th Street, Lualualei Naval Road, Nanakuli, Hawaii 96792.

The government may assist with loading in limited circumstances (i.e. tailgate load, side load, flatbed trailer, side opening trailer). The Government’s assistance is not guaranteed.

The purchaser may be required to perform all loading and must be prepared to provide appropriate equipment.

Purchaser required to provided trailers, conveyances, and containers.

The SPOC and the purchaser may conduct a weekly meeting to coordinate/determine work schedule for the following week.

A.7 Inspection:

Monday-Friday 8:00AM-2:30PM Hawaii Standard Time (HST) excluding federally recognized holidays.

Bidders interested in inspecting the property under this IFB may travel to the designated site to perform inspection for the purposes of bidding on this IFB. Bidders will contact the POC at least 48 hours before seeking entry to a military installation or Disposition Site to be informed on entry requirements.

Primary POC: Brett Fabre, 808-786-2171, brett.fabre@dla.mil Alternate POC: Eduardo Ornelas, 808-786-6400, eduardo.ornelas@dla.mil mailto:brett.fabre@dla.mil mailto:eduardo.ornelas@dla.mil

RIP Location: ALL ESACC is located at: Bldg. 111/112 - 17th Street, Lualualei Naval Road, Nanakuli, Hawaii 96792.

B TERMS AND CONDITIONS OF SALE

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

B.1 FAR Provision 52.204-24:

FAR Provision 52.204-24 is applicable.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to 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/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment.

Full clause text included in attachment.

SECTION B.3, B.4. B.5, B.6, and B.7 are only applicable to Section A.3.2.a.”Recovery of material content in Hawaii”.

B.3 Demilitarization/Mutilation Operations:

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

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

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

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

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

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment

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

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

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

B.4 Equipment:

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

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

B.5 Inventories:

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

B.6 Certifier/Verifier:

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

B.7 Facility Requirements for the Purchaser:

Security fencing around the entire facility.

• Controlled entrances to DEMIL/MUT area.

• Limited access to essential employees. Purchaser’s nonessential employees and visitors will be always escorted.

• Controlled truck access gate for controlled and other property.

Security cameras at all controlled and other property areas, access points, both truck and personnel.

A 30-day minimum taping and retrieval capacity for the security cameras and access for Agency personnel to view if necessary.

C SALE BY REFERENCE (SBR)

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

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

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

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

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

C.2 SBR Part 2:

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

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

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: Only article 6 applies.

C.5 SBR Part 5:

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

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: Only article C applies.

C.7 SBR Part 7:

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

C.8 SBR Part 8:

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

C.9 SBR Part 9:

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

C.10 SBR Part 10:

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

D BID EVALUATION AND CONTRACT AWARD

D.1 Bidding Process:

The Purchaser’s bid shall consist of an amount per unit of issue specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. Under no circumstances is the Agency or the Government responsible for any assumptions, planning factors, or decisions the Purchaser made related to determining their high bid. This is a firm fixed price contract where the bid price is expressed in U.S. currency specified by the bidder, per unit of issue.

The Government expects 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 the SF 114 is the entity to whom the contract will be awarded upon receiving an affirmative responsibility assessment. Individuals or companies may use subsidiaries, affiliates or partners in a joint venture as subcontractors with SCO approval as per the contract terms (however such entities may also require an ERD) but may not substitute such entities as a party to the Agency’s sales contract. AHBs should ensure the SOI and other pre-award documentation identify any subcontractors that will be performing removals or processing materials on its behalf so that the appropriate reviews may be conducted.

D.3 How to Bid:

Bidders shall use the following documents provided with this IFB to submit a bid: the SF114 and SF114A. Bidder shall enter bid as a price per unit of issue not to exceed five (5) decimal places (example 0.01005). Minimum bid is .01000 per unit of issue. Multiply your bid price by the quantity indicated in the “Bid QTY” column being advertised to calculate your extended bid amount.

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

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

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

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

For illustrative purposes, the example IFB has four (4) items advertised for sale and they are being sold by weight (LBS), CLIN 1- 500,000 lbs., CLIN 2- 1,000,000 lbs., CLIN 3- 2,500,000 lbs., and CLIN 4- 150,000. Bidder A bids- CLIN 1 $0.10, CLIN 2 $0.02, CLIN 3- $0.02, CLIN 4 $0.20. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount” equals $150,000 for all CLINs. Do not email bids or call-in bids directly to the SCO. Email bid to: dla.sales@dla.mil

EXAMPLE 1: SF 114A

mailto:dla.sales@dla.mil

EXAMPLE 2: SF 114

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

• SF114 completed and signed.

• SF114A completed.

D.5 When to Send Bid:

Bids must be in the possession of the Agency’s Public Sales Contracting Division by the offer closing date and time specified in this IFB. If the bid is not submitted on time, it shall be considered non-responsive. Late rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

D.6 How to Modify/Cancel Bid:

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

(0) bid in the same manner as the original bid. Notify the SCO of the bid cancellation (specify date, time and method of bid submission). The submission of a modified bid withdraws and nullifies previous bids.

D.7 Bid Acceptance Period:

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

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, has no disqualifying factors (i.e., is not suspended, debarred or an ineligible transferee) and able to pass the Agency’s vetting process. A responsive bid is one that has complied with all instructions for properly submitting a bid. Submitting the highest bid price does not convey any special right nor does it imply that the Purchaser shall be the primary removal company or exclusively allowed to remove throughout the term of this contract. The Government reserves the right to reject any bids that are not in the best interest of the Government. The general standards in FAR Part 9 on contractor responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends that a single award will be made to a responsible bidder with the highest cumulative total price responsive bid unless a determination is made to reject the bid under 41 CFR § 102-38.205. For illustrative purposes, if Bidder A’s bid submission cumulative total submits a bid for $150,000.00 “Total Amount,” and if Bidder B’s bid submission cumulative total submits a bid for $160,000.00 “Total Amount,” then Bidder B is the AHB since he/she would have the highest cumulative total priced responsive bid.

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, the End Use Certificate (EUC) DLA Form 1822 and SOI DLA Form 2536 will be included in the notification.

A Trade Security Contract Assessment will be made by Agency personnel. The SOI must have parts 1-6 completed and signed. Complete the EUC according to the instructions provided and sign. The pre-award survey may be conducted at the AHB’s facility. The pre-award survey may include but is not limited to a reviews/inspections of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility, and transportation capabilities.

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

pre-award Survey will include but is not limited to the following:

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

b. A Trade Security Control Assessment will be made by agency personnel.

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

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

D.10.1 Environmental Responsibility Determination (ERD):

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

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

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

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

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

D.11 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 federal, state, and local laws, ordinances, and regulations.

D.12 Contract Award:

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

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

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

(3) business day suspense).

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

D.13 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 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 Deposit:

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

F.2 Insurance and Bond Contract Requirements:

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

G CONTRACT PERFORMANCE

G.1 Performance Period:

The performance period of the contract resulting from the IFB shall consist of a 24-month base period. There are no options or extensions available.

G.2 Regulatory Compliance:

The Purchaser shall assume full responsibility and liability for compliance with all applicable federal, state, local codes and DoD regulations pertaining to the health and safety of personnel and environmental management during the execution and loading operations. All work shall be completed and performed IAW the best practices of the trade and in compliance with all- applicable federal, state, local codes and IAW regulations.

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

G.3 Environmental and Safety Notice:

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

G.4 Right to Appeal:

The Purchaser shall have the right of appeal, under the Disputes clause (see SBR Part 2, paragraph 33 as referenced above), from any determination made by the SCO, except that if the Purchaser failed to submit the termination settlement proposal or a request for equitable adjustment within the time provided.

The following shall be deducted from any amount due the Purchaser under this clause:

Any claim which the Government has against the Purchaser under this contract; and the agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Purchaser or sold under the provisions of this clause and not recovered by or credited to the Government. If contract is partially terminated, this clause has the same full effect.

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:

Transactions from the 25th of the previous month to the 24th of the current month will be invoiced for the billing cycle.

For illustrative purposes, if Purchaser A won the award of the contract and bid price was $.10 per pound and for the month of January Purchaser A removed 100 pounds of material purchased under this IFB, then Purchaser A would be billed $10 dollars for the January removal of 100 pounds ($.10 times 100 pounds equals $10 bill).

H.2 Types of Acceptable Payments:

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

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

When using a credit card method of payment, the credit card number, credit card security code (3-or 4-digit code on the back of the card), name as printed on the credit card, and the expiration date shall be provided. The U.S. Treasury limits all credit card transactions to $24,999.99. Transactions greater than $24,999.99 cannot be split into two (2) or more credit card transactions.

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

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

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

H.3 Payment Confirmation:

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

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

I PRODUCT POOL, MATERIAL REFERRALS, TITLE TRANSFER, RETURNS

AND MATERIAL BREACH

I.1 Product Pool:

Section 346 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383-124 Stat. 4191; 10 U.S.C. 2576) requires the Department of Defense to make ESACC available for commercial sale.

ESACC are defined as cartridge cases from small arms ammunition (i.e., ammunition without projectiles that contained explosives (other than tracers), that is .50 caliber or smaller, or for shotguns) used in live-fire training or testing and collected after use during operations. ESACC is also referred to as "fired cartridge cases," or simply, “brass cartridges.”

There is no guarantee that every cartridge will be suitable for reloading. All cartridges are sold as-is/where-is and refunds will not be made for cartridges that cannot be reloaded.

The Government guarantees to issue the Purchaser a minimum total weight equal to the “Bid QTY (lbs.)” identified per SCL as authorized by Table 1.

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 dispositions of this material. The Purchaser shall hold the Government harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.

This is not a sale by sample. The Purchaser shall not reject property issued under the terms of this contract, unless an item is outside the scope of the contract. The Government is the sole authority of determining condition code and determining whether property is considered scrap under its property regulations and thus eligible for referral under this contract. Purchaser’s opinion on whether the property is able to clear customs, sell or market, or the availability of customers for items have no bearing on whether the Government considers the property scrap. No changes, modifications, or reductions of price will be applied. Under no circumstances is culling for effecting partial or incremental removals authorized.

I.2 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.3 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, as needed. This shall include the evacuation and security of the immediate area, as needed. 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 Agency will arrange for pick up and removal of such material. The finding of live small arms ammunition mixed with ESACCs does not constitute and explosives or munitions emergency that would require EOD support, or automatically invalidate its explosive safety.

Live small arms ammunition found must be placed in a metal box (e.g., ammunition box) or other suitable container and returned to the nearest military installation/locale law enforcement agency for disposition. The SCO can assist in this situation.

I.4 Radioactive Property:

Performance of this contract does not require nor authorize the Purchaser to handle radioactive property. Despite all best efforts by the Government should property activate a radiation detector alarm; the Purchaser shall immediately take the necessary action for protection of personnel and property. This shall include the evacuation and security of the immediate area. The Purchaser shall not attempt to handle or move the suspected property until a technically qualified trained Government representative investigates the incident. The Purchaser shall notify the Agency’s Site Lead and the SCO of the discovery immediately and submit a SF364 ROD. The Government will arrange for pick up and removal of such material.

I.5 Hazardous Property:

Other than items listed in this IFB, 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.6 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.7 Foreign Attachment Most SCLs include foreign attachments as part of the total weight. The weight of foreign attachments is an important factor in determining bid amounts. Foreign attachments are not dunnage or miscellaneous debris.

I.8 Miscellaneous Debris and Dunnage:

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

I.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.