Foreign Excess Personal Property (FEPP) Rota Spain 31-6002

1. 1. Item Description:

Table 1: IFB Item Number Details:

Item 10

Material FEPP

Location DLA Disposition Services Rota

Original Acquisition Value (OAV) $7,500,000.00

Historical one year documentation indicates an estimate of $2,500,000.00 per year for an Original Acquisition Value. The total Original Acquisition Value for a three-year term contract is estimated at $7,500,000.00. Future generation of this amount is not guaranteed and is provided for bidding and planning purposes only.

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

considered scrap, which is defined as property that has no value except for its basic material content. While DoW turn-in customers provide a supply condition code of A-H on all DTIDs for all property turned into the Agency, these codes are used in the DoW supply system as classifications for materiel in terms of readiness for issue and use, or to identify action underway to change the status of materiel. They do not directly correspond to the suitability of property being made available for reutilization, transfer, donation or sale. Agency personnel make an independent determination on whether the property should be classified as scrap because it has no value more than the item’s material content and/or whether an item is suitable for reutilization, transfer, donation or sale as FEPP. The quality

of the property tendered under this contract will vary and it is being sold “as is where is” with no warranty as to its condition or suitability for its originally intended, or any other specific purpose. 

This is a requirement-type contract. For property fitting the item descriptions herein, the agency will tender all such property at designated field sites and receipt in place locations that has been entered onto its accountable property records and has survived all reutilization, transfer, donation screening and is excess to the needs of the United States Government and eligible for resale under US property disposal laws.  The Purchaser should be aware that even where property has survived screening and would ordinarily be tendered to the sales Purchaser, SBR Part 2, Art 22 allows the Government to withdraw property prior to removal where it has a bona fide need for the property and that this may include the need of any component of the USG or the host nation. (See SBR Part 2, Art 22) The Purchaser will be required to purchase all such material as described in this IFB from the field site and the receipt-in-place locations that have been entered onto the accountable property system record. Purchaser must accept all material as described as tendered by the Agency at the bid price offered during the full term of this contract. Prices cannot be re-negotiated based on changes in market conditions.

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

Demil A Property Recovery (DoW) Policy: The Government retains the contractual right to demand the return of Demil A property for up to 30 calendar days after removal. Purchasers are not required to hold the property but must include a mandatory 30 calendar day flow-down recovery clause in any third-party resale agreements. Allowable reimbursements are strictly limited to the original purchase price and direct transport/storage expenses (lost profits are explicitly excluded). This recovery right may be exercised only by the Sales Contracting Officer (SCO), by written notice to the Purchaser identifying the specific property to be returned and the date and location for return, and is independent of and in addition to the Government's right to withdraw property prior to removal under SBR Article 22.

            Note: The inclusion of the Demil A recovery clause is based on internal DoW operational policy/strategy

 rather than statutory export control regulations (such as 32 CFR 273.15 or U.S. export laws), making it a negotiated contractual protection rather than a regulatory mandate.

Please read IFB in its entirety for all details.