W912KC25S0001_RFP_Deformed Brass Sale.docx

Request for Proposals Auction Number: W912KC25S0001 U.S. Federal Government Surplus Property Sale: Deformed Brass

General Information

8AM to 2PM EDT

Building 11-68 Shop Road, Fort Indiantown Gap Annville, PA 17003

USPFO-P&C Rm 242 Bldg 0-48 Ft. Indiantown Gap, Annville, PA 17003 brian.c.ray2.civ@army.mil

(717) 861-6871

Property to Be Sold:

Lot #1

Deformed Expended Small Arms Cartridge Casings (ESACCs) Brass.

Quantity/Weight: 55,116 lbs.

Unit of Issue: 23 Gaylord Boxes; Typical 4ft. x 4ft. x 4ft. (Avg wt. 2000# EA) Bid Unit: Price per pound

Bid Unit: Price per pound $_____________ Total:__________

Request For Proposals Auction Number: W912KC25S0001

Proposal Submission

Send proposal to the following email address: brian.c.ray2.civ@army.mil

Payment & Financial Information

2. Full Payment is due to USPFO within 5 business days after final weights verification for lot #1 and day of pick-up for lot #2. Final weights will be verified on the day of pick-up.

3. Certified Check/Money Order/Company Check shall be made payable to “USPFO for Pennsylvania” and sent to the following address:

United States Property & Fiscal Office

Condition of Property

Items Condition:

CONDITION OF PROPERTY IS NOT WARRANTED

BUYERS ARE CAUTIONED TO INSPECT PROPERTY BEFORE PROPOSING

Expended Small Arms Cartridge Casings (ESACCs) are defined as: the components, parts, accessories and attachments of small arms ammunition, to include: cartridge cases, bullets, jackets, cores, shells (excluding shotgun shells) projectiles (including canister rounds and sub munitions), boosters, firing components, primers, and other detonating devices used in live-fire training or testing and collected after use. ESACCs are generally referred to as “fired cartridge cases.”

ESACCs have been demilitarized and or deformed in accordance with DoD Instruction 4715.4. Deformation is defined as: rendering useless for use as a cartridge by heating, mangling, or crushing in accordance with Department of Defense (DoD) Manual Number 4160.28, Volume 1, “Defense Demilitarization,” dated 7 June 2011. Prior to the sale, the Government certifies and verifies all the material inert through its inspection process conducted by authorized trained personnel.

Ammunition cans or boxes are defined as: a container designed for safe transport and storage of ammunition. They are typically made of metal and labelled with the caliber, quantity, and manufacturing date or lot number. A rubber gasket is commonly found in the hinged lid to protect the ammunition from moisture damage.

Items purchased as scrap should not be used for or as its original purpose, such as reloading, resealing, or using for original lot number or ammunition round.

Questions prior to the inspection date are due no later than July 22, 2025, by 3:00 PM EDT and should be emailed to above Contracting Officer. Questions during the inspection must also be emailed to the above Contracting Officer.

Removal and Shipping

Removal:

Removal/Pickup Process:

Prior to arrival for pick-up. Contractor shall: Coordinate with the government at a local offsite truck scale verifying unloaded truck weight with the government representative present and providing copy of unloaded truck to the government representative. (Applicable to Lot #1) Materials shall be picked up at Fort Indiantown Gap, Annville, Pennsylvania within 10 (ten) calendar days of award.

Successful Offeror is responsible to coordinate removal dates & times with the Bureau of Environmental Management (BEM) five (5) calendar days prior to pick up of material by contacting Clark Romberger (717) 861-9281 or clromberge@pa.gov and Dreama O’Neal at (717) 861-2339 or droneal@pa.gov. In no event will property be removed without Government personnel present.

After pick-up of Lot #1 the government and contractor shall proceed directly to a mutually agreed upon local offsite truck scale verifying loaded truck weight with the government representative present and providing copy of loaded truck to the government representative.

Differential between unloaded and loaded truck weights will be determined (minus packing material weights) to determine the final Lot #1 wight amounts and contractor will owe the government based on this weight amount x the bid unit cost.

Removal will take place during normal operating hours of 8:00AM and 2:00PM except Saturdays, Sundays and legal Federal holidays.

The truck must be standard 48/53ft van configuration.

Successful contractor is responsible for the supplies, materials, equipment, labor, transportation, and documentation for the sale of Expended Small Arms Cartridge Casings (ESACCs). The contractor will leave the area in a clean and orderly condition and will reimburse the Government for any damage to Government property caused by the removal operations of the contractor

Admittance to Fort Indiantown Gap can be gained by bringing your valid driver’s license, vehicle registration, and vehicle proof of insurance. You will need to stop at Visitor’s Center at gate entrance and state that you are here to attend a one-day site visit for the QRP and your POC is James Christian.

Fort Indiantown Gap is an access-controlled installation and all awarded contractors employees, subcontractors, partners, and delivery personnel (Personnel) shall be required to complete a National Crime Information Center (NCIC) security check and be cleared prior to entering the installation. All successful contractor personnel shall have a valid driver’s license, other permits required by local or State Authorities, and have proof of liability insurance in the vehicle when entering the Government installation. The Purchaser agrees that its vehicles shall be subject to search by law enforcement authorities at any time upon entry to and while on the installation

Bidders are cautioned to propose only on the items you are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to you as the high offeror are contractually yours and must be paid for and removed within the time period allowed by this Request for Proposals. Failure to do so shall subject you to paying a default fee and you will be barred from future Government sales.

Request For Proposals Auction Number: W912KC25S0001

The Government reserves the right to reject unacceptable proposals and reoffer the lots at a later time or during this sale.

SALE OF SURPLUS PROPERTY TERMS AND CONDITIONS

1. INSPECTION.

Offerors are invited, urged, and cautioned to inspect the property prior to submitting a proposal. Property will be available for inspection at the place and times specified in this Invitation. Failure to inspect the property does not relieve the offeror from any conditions of the sale. All parties must have a valid ID and sign-in at Building 11-68 before inspection of the property. Photos are available upon request.

1. CONDITION AND LOCATION OF PROPERTY.

All property listed herein is offered for sale “as is” and “where is”. The Government makes no warranty, express or implied, as to quantity, kind, character, quality, weight, size, or description of any of the property, or its fitness for any use or purpose. Except as provided in conditions No. 12 and 14 or other special conditions of the Invitation, no request for adjustment in price or for rescission of the sale will be considered. The condition of the property is not warranted. This is not a sale by sample.

3. CONSIDERATION OF PROPOSALS.

(a). Offerors agree that proposals will not be withdrawn within 30 calendar days following the receipt of proposals and during such period proposals will remain firm and irrevocable. The Government reserves the right to reject any or all proposals, including proposals under which an offeror would take unfair advantage of the Government or other Offerors, to waive any technical defects in proposals. And unless otherwise specified by the Government or by the Offeror, to accept any one item or group of items in the proposal, as may be in the best interest of the Government. Proposal must be submitted on the basis of the unit specified for the item and must cover the total number of units designated for that item.

(b). Offerors shall be registered in the government System for Award Management (SAM) in order to be considered for award. Registration is available at www.sam.gov. Tax Identification Number (TIN) must be provided by anyone conducting business with the Federal Government, from which a debt to the Government may arise. Proposals will not be considered for award if the TIN is not provided. A TIN is defined as an individual's Social Security Number (SSN) or Business Entity's Employer Identification Number (EIN). Successful vendor will be required to provide their TIN to the Government before award.

4. FORMS OF DEPOSITS AND PAYMENTS.

The only authorized forms of payments under this request are certified check, money order or company check. Deposit and payments shall be in U.S. currency. A deposit is not required to submit a proposal however, within five (5) business days of award notification, the successful contractor must provide an earnest money deposit of 20% of the total proposal price to the Contracting Officer. This deposit will be held for the duration of the project. These loads must be paid for within five (5) business days of removal. The check, along with weight tickets and or recycle receipt, must be submitted to the Contracting Officer within two business days after pick-up. Payment is to be made payable to USPFO for Pennsylvania and remittance shall indicate it is for the payment of purchase of U.S. Government Property only. Forms of Payment: Acceptable forms of payment include certified check, money order or company check.

5. PROPOSAL DETERMINATION.

When proposals are solicited on a unit price basis, Offerors shall insert their unit prices and total prices in the space provided for each item.

1. In the event the Offeror inserts a total price on the item but fails to insert a unit price, the Government will determine the unit price by dividing the total price by the quantity of the item set out in the Request. The unit price so determined shall be used for the purpose of proposal evaluation, award, and all phases of contract administration.

(b) When proposals are solicited on a “lot” bases, Offerors should submit a single total price in the Total Price Proposal column of the proposal sheet. Offerors should not make any entry in the Unit Price Proposal column. In the event an Offeror submits a total proposal price and also a unit proposal price which are not identical, the unit proposal price will not be considered.

(c) Proposals are to be submitted by the pound when the property is sold by the “weight”.

(d) The Government has the right to refuse bids 20% under market value.

6. PAYMENT.

The contractor agrees to pay for property awarded in accordance with the prices quoted in the contractor’s proposal. Subject to any adjustment made pursuant to other provisions of this contract, payment of the full purchase price, after applying the total deposit, must be made within the time specified in the request. If an adjustment is made requiring additional payment, such payment must be made immediately upon notice of such adjustment. In the absence of any debts owed to the selling agency, where the total sum becoming due to the Government from the contractor on a contract awarded under the request is less than the total amount deposited with the contractor’s award, the difference will be promptly refunded. No refund or demands will be made for any amount less than one dollar ($1).

Where weighing is necessary to determine the exact purchase price, the successful Offeror is responsible for providing weight tickets. Weight tickets will be provided on the following day and prior to any subsequent loading. Once removal is completed, weights will be tabulated and payment in full will be due within 14 calendar days.

When weighing is not necessary to determine the exact purchase price, the successful Offeror or their assigned carrier is responsible to provide a Bill of Lading (BOL).

7. TITLE.

Title to the property sold hereunder shall vest in the Contractor as and when removal is affected.

8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY.

(a) With delivery being made only from the exact place where the property is located within the installation, the Contractor must make all arrangements necessary for packing, removal, and transportation of property. The Government will not act as liaison in any fashion between the Contractor and carrier, nor will the Government recommend a specific common carrier. Loading will not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the property is located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the property on conveyance(s) furnished by the Contractor and the initial placement on the Contractor’s conveyance shall be as determined by the Government. The Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Contractor.

(b) The Contractor shall remove the property at its expense within the period of time allowed in the Request. If the Contracting Officer determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Contractor, such determination shall be put in writing, and a reasonable extension of time for removal shall be allowed. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather. If the Contractor is permitted to remove the property after the expiration of the time originally allowed for removal or any additional time allowed by the Contracting Officer pursuant to this clause, the Government, without limiting any other rights which it may have, may require the Contractor to pay a reasonable storage charge. The Contractor shall reimburse the Government for any damage to Government property caused during removal operations by the Contractor or his authorized representative.

(c) Items purchased under the Request will be released only to the Contractor or his authorized representative. The authorized representative must furnish authorization from the Contractor to the Custodian of the property location before any delivery or release will be made. When property is described as being boxed, packed, crated, skidded, or in containers, the Government does not warrant that the property, as packaged, is suitable for shipment.

(d) Segregation, culling, or selection of property for the purpose of effecting partial or increment removals will not be permitted except as specifically authorized and prescribed by the Government.

9. DEFAULT.

If, after award, the Contractor breaches the contract by failure to make payment within the time allowed by the contract as required by Condition No. 6, or by failure to remove the property as required by Condition No. 8, then the Government may send the Contractor a fifteen (15) calendar day written notice of default (calculated from date of mailing), and upon Contractor’s failure to cure such default within that period , the Contractor shall lose all right, title, and interest which it might otherwise have acquired in and to such property as to which a default has occurred. The Contractor agrees that in the event it fails to pay for the property or remove the same within the prescribed period(s) of time, the Government shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the item(s) as to which the default has occurred, or (b) $25, or the purchase price of such item(s) if the purchase price is less than $25: Provided, that in the event of multiple awards of items under a single Request for Proposal, the amount to be charged, if the minimum charge provided for in (b) above is applicable, shall be determined by the total purchase price reflected in the award documents. Provided further, that the maximum sum which may be recovered by the Government shall specifically apprise the Contractor, either in its original notice of default (or in separate subsequent written notice), that upon the expiration of the period prescribed for curing the default, the formula amount will be retained (or collected) by the Government as liquidated damages. However, if the property was sold on a “per lot” basis and the Contractor removes a portion of the lot but fails to remove the balance, no portion of the purchase price will be refunded. If the Contractor otherwise fails in the performance of its obligations, the Government may exercise such rights and may pursue such remedies as are provided by law or under the contract.

If property is not paid for and removed within the allotted time, the offeror will be in default and shall lose all right, title, and interest in the property. Offerors are cautioned to propose only on the items it is prepared to pay for and remove said items in accordance with the terms and conditions of this sale. All items awarded to the high offeror are contractually the offeror’s responsibility and must be paid for and removed within the time period allowed by this Request for Proposal. Failure to do so shall subject the offeror to paying a default fee and debarment from future Government sales.

10. SETOFF OF REFUNDS.

The Offeror or Contractor agrees that the selling agency may use all or a portion of any deposit or refund due him to satisfy, in whole or in part, any debt arising out of prior transactions with the Government.

11. INTEREST.

Notwithstanding any other provisions of this contract, unless paid within 30 calendar days from the date of first written demand, all amounts that become payable by the Contractor to the Government under this contract shall bear simple interest at the rate which has been established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), from the date of first written demand until paid.

12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT.

When property is sold by a unit other than “weight”, the Government reserves the right to vary the quantity tendered or delivered to the Contractor by 10% (10 percent); when the property is sold by “weight”, the Government reserves the right to vary the weight tendered or delivered to the contractor by 25% (25 percent). The purchase price will be adjusted upward or downward in accordance with the unit price and on the basis of the quantity or weight actually delivered. Unless otherwise specifically provided in the Request, no adjustment for such variation will be made where property is sold on a “price for the lot” basis.

Items purchased as scrap should not be used for or as its original purpose.

By placing a bid on any material or lot, the purchaser agrees to all conditions of the sale.

In accordance with, (IAW) Scrap Specifications Circular 1998 Nonferrous Scrap, “If a significant weight or quality difference is apparent, the seller should be notified promptly and, if requested, another weight or quality determination should be taken,” Weight differences of 1% or greater are considered to be significant.

13. WEIGHING, OF SHIPMENT.

Weighing is necessary to determine the exact purchase price:

0. Prior to arrival for pick-up. Contractor shall: Coordinate with the government at a local offsite truck scale verifying unloaded truck weight with the government representative present and providing copy of unloaded truck weight ticket to the government representative.

0. After pick-up the government and contractor shall proceed directly to a mutually agreed upon local offsite truck scale verifying loaded truck weight with the government representative present and providing copy of loaded truck weight ticket to the government representative.

0. the Contractor shall arrange for and pay all expenses of weighing the property. Multiple weight scales are conveniently located to Fort Indiantown Gap such as Love’s Travel Stop located at I-81 & Fisher Ave Exit 90 in Jonestown, PA. (717) 861-7390.

14. RISK OF LOSS.

The Government will be responsible for the care and protection of the property subsequent to it being available for inspection and prior to its removal. Any loss, damage, or destruction occurring during such period will be adjusted by the Contracting Officer to the extent it was not caused directly or indirectly by the Contractor, its agents, or employees. At the discretion of the Contracting Officer, the adjustment may consist of rescission. With respect to losses only, in the event the property is offered for sale by the “lot,” no adjustment will be authorized under this provision unless the Government is notified of the loss prior to removal from the installation of any portion of the lot with respect to which the loss is claimed.

15. LIMITATION ON GOVERNMENT’S LIABILITY.

Except for reasonable packing, loading, and transportation costs (such as packing, loading, and transportation costs being recoverable only when a return of property at Government cost is specifically authorized in writing by the Contracting Officer) the measure of the Government’s liability in any case where liability of the Government to the Contractor has been established shall not exceed refund of such portion of the purchase price as the Government may have received.

16. ORAL STATEMENTS AND MODIFICATIONS.

Any oral statement or representation by any representative of the Government, changing or supplementing the Request or contract or any Condition thereof, is unauthorized and shall confer no right upon the Offeror or Contractor. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the Government unless furnished or agreed to, in writing, by the Contracting Officer or his designated representative.

17. COVENANT AGAINST CONTINGENT FEES.

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingency fee.

(b) “Bona Fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona Fide employee,” as used in this clause, means a person, employed by Contractor and subject to the Contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to consideration or to act regarding a Government contract on any basis other that the merits of the matter.

18. OFFICIALS NOT TO BENEFIT.

No member of or Delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for corporation’s general benefit.

19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION.

1. (a) The Contractor certifies that –

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -

1. (c) If the Contractor deletes or modifies subparagraph (a)(2) above, the Contractor must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

20. ASSIGNMENTS OF CONTRACTS.

Any contract awarded under the Request is subject to the provisions of 41 U.S.C. 15 which generally precludes assignment of such contract.

21. DANGEROUS PROPERTY.

Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. Prior to the sale, the Government certifies and verifies the material inert through its inspection process conducted by authorized trained personnel. 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, suit, actions, or claims arising from or otherwise relating to the purchase of this material.

22. CLAIMS LIABILITY.

The Offeror or Contractor agrees to save the Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorney’s fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including State, local and interstate bodies, in any manner caused by or contributed to by the Offeror or Contractor, its agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control of the Offeror or Contractor, its agents, servants or employees after the property has been removed from Government control.

23. WITHDRAWAL OF PROPERTY AFTER AWARD.

The Government reserves the right to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists prior to actual removal of the property from Government control. In the event of a withdrawal under this condition, the Government shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received.

24. ELIGIBILITY OF OFFERORS.

(a) The Offeror warrants that it is not: (i) under 18 years of age; (ii) an employee of an agency of the Federal Government (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) prohibited by the regulations of that agency from purchasing property sold hereunder; (iii) an agent or immediate member of the household of the employee in (ii) above. Contractor must represent that they have no delinquent tax liability and have no felony convictions. For breach of this warranty, the Government shall have the right to annul this contract without liability.

(e) Contractor employees who have access to official property disposal records are hereby prohibited from participating as offerors in this sale. The term employee as used includes an agent or immediate member of the household of the employee. All other Government employees and contractor employees are eligible to participate in this sale.

(f) The public is invited to participate in this sale. The debarment or suspension of an offeror from the purchase of Federal personal property has Government wide effect and generally precludes any agency from entering into a contract for purchase of personal property with that offeror. The offeror warrants that he is not delinquent in the payment of any debt due the United States resulting from a prior purchase of surplus personal property. Any contract awarded to an individual or firm is voidable, at the option of the Government if, at the time of award the Contractor was proposed for debarment, has been debarred, suspended, or for any other reason is ineligible to receive a Government contract.

(g) Vendors are required to register in the System for Award Management Registration (formerly Central Contractor Registration) before award is made. For additional information and to register go to https://www.sam.gov.

25. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

It is the Contractor’s responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the property listed in the Invitation. Contractors or users of this property are not excused from any violation of such laws or regulations either because the United States is a party to this sale or has had any interest in the property at any time.

26. DEFINITIONS.

As used herein, the following terms shall have the meaning set forth below:

(a) “Telegraphic proposal” and “telegraphic notice” include proposal and notices by telegram or by mailgram.

(b) “Contracting Officer” means the person accepting the proposal in whole or in part on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of the representative’s authority.

(c) A “small business concern” for the purpose of the sale of Government-owned property is a concern which can qualify under the small business classification criteria referenced in 13 CFR 121.3-9.

27. CONTRACT DISPUTES.

Any contract awarded under this sale is subject to the Contract Disputes Act of 1978, Public Law 95-563, as amended to include the Alternative Dispute Resolution Act (enacted Nov 15, 1990, Public Law 101-552).