ADDITIONAL SPECIAL CONDITIONS AND SPECIAL INSTRUCTIONS REGARDING
SALE OF DEPARTMENT OF ENERGY PROPERTY AND ENTRY INTO THE NEVADA TEST SITE

INSPECTION: All property offered on this sale is located at the Nevada Test Site, Nevada. This facility is located approximately 65 miles northwest of Las Vegas, NV, on U.S. Hwy 95. Inspection schedule is as follows: BY APPOINTMENT ONLY, 48 HOURS ADVANCE NOTICE REQUIRED (EXCLUDING FRIDAY AND WEEKENDS) from 8:00 AM through 3:00 PM. Appointments can be arranged by contacting Mr. Jim Koch at (702) 295-6635. During the time of inspection, transportation will be provided from the badging office to the inspection site. No private vehicles will be permitted on the test site during inspection. No accommodation for meals is available during this inspection time. Public is encouraged to provide beverage and/or snack items to be carried to the inspection sites.

PERFORMANCE BOND: A performance bond in the amount of $1,500.00 is required for this sale and is required to be submitted only by the successful bidder. This required bond may be submitted in the forms described as acceptable as forms of payment contained elsewhere in this invitation for bid (IFB) and will be non-interest bearing. At the completion of the contract, the property custodian will perform an inspection of the sale site. In the event the sale site cleanup does not meet the satisfaction of the custodian, the purchaser will be given ample opportunity to satisfy the cleanup requirements. Failure to satisfy the cleanup requirements will result in the loss of the performance bond. In the event a purchaser defaults on the contract and said contract is terminated, the performance bond will also be forfeited. The performance bond must be submitted within ten (10) calendar days after official notice of award, calculated from date appearing on the official notice of award, and prior to any removal of awarded property.

STATEMENT OF WORK: Prior to commencement of operations, the successful bidder shall prepare a detailed outline of work, which shall describe the principle activities, tasks to be performed, personnel, and safety plan. The outline must be certified to be a true statement, signed and dated by the purchaser. The outline will be reviewed, verified, and approved by the Sales Contracting Officer (SCO), BN Sales Coordinator, BN Safety Officer and/or their designated representatives. Incomplete or incorrect data on the outline may deem the successful bidder nonresponsive and void the award. Any changes shall be finalized in writing by the successful bidder and approved by the SCO or its designees. The successful bidder shall meet on site with those officials listed above to discuss conditions of contract, operating schedule, safety regulations and other items related to contract implementation prior to removing the property.

REMOVAL: Successful bidder or representative thereof is required to make prior arrangements to enter Department of Energy (DOE) facilities and obtain a confirmation number for removal. Advance notice must be made with the individual identified in the Item Description to coordinate anticipated removal date and time, and be issued a confirmation number. No loading or removal will be authorized without a confirmation number received from the above named individual or his/her designated representative. Payment must be made in full prior to issuance of confirmation number and removal of any item(s). Please note: The sale sites are closed every Friday, Saturday, and Sunday and approved Holidays. No removal or preparations for removal will be allowed on those days. If purchaser authorizes individual/s other than him or herself to remove property, a written release authority must be provided prior to executing the removal. Removal (or arrangements for removal) must be completed within fifteen (15) calendar days from date appearing on the official notice of award. If the contracting officer determines that the failure to remove the property within the period of time designated arose out of causes beyond the control and without the fault or negligence of the successful bidder, such determination shall be basis for an extension of time for removal as agreed upon in writing by the holding agency, the contracting officer and the successful bidder.

The buyer must accomplish the removal operations and related activities such as travel, dismantling, moving, and servicing of equipment, including passage of outgoing shipments through the main gate DOE facilities, between the hours of 8:00 AM and 3:00 PM on regular workdays, Monday through Thursday (excluding holidays). Dismantling or loading of items will not be permitted on Fridays or weekends. Buyer personnel will not be permitted in areas other than sale sites.

The successful bidder or his/her designee must remove all property. No sorting or segregating of any property will be permitted on government property. At no time will the successful bidder resell items purchased without first removing such items from DOE facilities.

If the successful bidder is permitted to remove the property after the expiration of the time originally allowed for removal, the successful bidder will be required to pay, in advance, a $10 per lot per day storage & handling fee. If this clause is invoked and the property is not removed, the successful bidder agrees that they shall lose all right, title, and interest in which they might have acquired in and to such property. The successful bidder further agrees the Government shall be entitled to retain the original purchase price and fees paid as liquidated damages. SPECIAL NOTES: UNDER NO CIRCUMSTANCES will removal be allowed past June 14, 2001. An additional 20% abandonment charge may be assessed for partial removal.

ACCESSING THE FACILITY: Every person who participates in the inspection and/or removal of property from DOE facilities must be properly badged. Persons must be 18 years of age or older, have a valid photo ID (Drivers License or other), Social Security Card, and be a U.S. citizen. Proof of citizenship is required for all persons born outside of the United States, i.e.: Certificate of Naturalization, Certificate of Citizenship, or U.S. Passport. Foreign nationals desiring consideration for access to the Nevada Test Site for the purpose of inspection and/or removal of property must contact Mr. Jim Koch at (702) 295-6635 at least two (2) months prior to entry.

TRAVEL RESTRICTIONS: All persons attending government sales activity DOE facilities are strictly required to report directly to the area for which you have been given authority to access and have been badged. No person on the test site is authorized to travel beyond the limitations for which they are badged. Travel is restricted to the most practical and direct routes between the inspection yard and exit point.

BANNED ARTICLES: No persons entering DOE facilities will be authorized to have in his or her possession any visual or sound recording device. Those items are, for example, but not limited to: still and movie cameras, video recorder cameras, tape recorders, etc. Prohibited articles also include pets, firearms, ammunition, fireworks, explosives, non-prescribed drugs, alcoholic beverages, switchblades, knives with blades in excess of three (3) inches, or any other dangerous weapons.

DOCUMENTS REQUIRED FOR PROPERTY REMOVAL: If you are the successful bidder picking up the item in person, you must have: (1) Purchaser’s receipt and authorization to release property, paid in full, plus performance bond if applicable; and (2) proof of insurance if applicable. NOTE: Copies of required paperwork in those cases where the successful bidder is geographically separated from the representative can be telefaxed to:

FAX: (702) 295-7412 VERIFICATION: (702) 295-6635

If other than the successful bidder (i.e.: contractor trucking company, company representative, relative, friend, etc.), you must have: (1) Letter of Authorization, signed by the successful bidder( include confirmation number and phone number of successful bidder for verification); (2) all paid in full receipts or copies thereof, including performance bond if applicable; (3) Proof of insurance if applicable.

LOADING: The government is not responsible for loading. The government is not responsible for securing loads. The buyer assumes full responsibility for safe loading and compliance with all provisions for safety and fire protection in loading and transporting such equipment and agrees to indemnify and hold seller and its employees harmless for any and all claims, damages, or any other claims arising out of such loading operations and subsequent transportation of such equipment or property.

SAFETY AND FIRE PROTECTION: The buyer shall take all responsible precautions and assume all liability in removal operations to protect the safety of Bechtel and Government employees and to minimize hazards to life and property, and shall comply with applicable requirements of the latest revisions of the standards set forth by the Williams-Steiger Occupation Safety and Health Act of 1970; 29 Code of Federal Regulations (CFR) Part 1910, “Occupational Safety and Health Standards”, and CFR Part 1926, “Safety and Health Regulations for Construction”; National Fire Codes; U.S. Department of Transportation Motor Carrier safety Regulations, Chapter 1, Subchapter B, Title 49, Parts 390-397 - Transportation; and Bechtel Safety Codes (copy provided upon request). Equipment, materials, and fire and safety procedures used by the purchaser shall be subject to inspection by Bechtel Industrial Safety and Fire Protection. Equipment or work practices which do not meet the above required standards for safe operation will not be allowed on the Nevada Test Site. The seller shall not be liable to the buyer for any delays or additional costs incurred by the buyer in complying with required safety and fire prevention regulations. Buyer accepts all liability for injury or property damage irrespective of such inspection by Bechtel Industrial Safety and Fire Protection Services.

GOVERNMENT’S RIGHT OF SURVEILLANCE:
a. The Government reserves the right to conduct inspections of the Purchaser’s and/or its agent’s representatives, assignee’s and/or vendee’s transportation conveyances and/or equipment utilized to effect removal of the property purchased under this Invitation for Bid. Such actions may be accomplished prior to, during and/or subsequent to removal of the property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with the free access and reasonable assistance required to conduct such inspections.

b. The Government reserves the right to conduct inspections of treatment, storage and disposal facilities of the Purchaser, its agent, representative, assignee and vendee including the equipment, instrumentalities, and records thereof. Such action may be accomplished prior to, during and subsequent to removal of property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with free access and assistance as requested to conduct such inspections.

c. Where the Purchaser transfers any property acquired under this contract to a third party, the Purchaser warrants that by the terms of that transfer, the Government shall retain all rights and privileges conferred upon it by parts a and b of this clause.

STOP WORK ORDERS: The GSA Sales Contracting Officer, BN Sales Coordinator, BN Safety Officer, or designated representative shall have authority to stop all or any part of the operation, if, in their opinion, damage is occurring to facilities, resources, or work performed in an unsafe manor. Work methods shall be changed to prevent further damage or unsafe conditions.

CHANGE IN CONTRACT REQUIREMENTS: The Contracting Officer may, at any time, by written order to the Purchaser, make changes in the method by or extent to which the property will be removed, scrapped, mutilated, or demilitarized, including the movement, dismantling, or disposition of the property. When a change causes an increase or decrease in the Contractor’s performance cost or market value of the property, an equitable adjustment will be made to the contract. Claims for this adjustment must be submitted, in writing, by the Purchaser within 30 days from the date notification of the change was provided to the Purchaser, unless the Contracting Officer grants an extension to the final date of performance under the contract. If both parties fail to agree upon an equitable adjustment, the dispute shall be processed under the “Disputes” clause of the contract. Nothing provided in this clause shall excuse the Purchaser from proceeding with the performance requirements stipulated under this change.

INSURANCE REQUIREMENTS: The buyer shall provide to the seller (upon request) all insurance documentation necessary to fully protect the U.S.Government from all claims. The buyer may be required to furnish certificates of such insurance before commencing removal. The limits of the insured’s liability listed below are minimum requirements and will not be deemed to limit the buyer’s liability to the seller.

1) Worker’s compensation in accordance with the law of the state of Nevada. Buyers who carry workers compensation in states not having reciprocal agreement with the state of Nevada must also insure with the Nevada State Industrial Insurance System prior to the initiation of the removal operation.

2) Public Liability, other than auto:

3) Auto Public Liability:

The above specified minimum insurance requirements , as shown in the table, will be enforced and copies of proof of insurance will be provided to the seller prior to actual removal and must be maintained in full force until completion of removal. The required amount of insurance to be carried by the buyer under this section may be changed upon the seller’s written notice to the buyer.

EXPORT RESTRICTION NOTICE: The use, disposition, export and reexport of this property is subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended, the Arms Export Control Act (22 USC 2752 et seq.); the Export Administration Act of 1979 (560 USC Append 2401 et seq.); DOE Regulations (10 CFR Part 810); International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act (37 USC 791 et seq.) which among other things, prohibit: (a.) The making of false statement and concealment of any material information regarding the use or disposition, export or reexport of the property; and (b.) Any use or disposition, export or reexport of the property which is not authorized in accordance with the provisions of this agreement.

ENVIRONMENTAL COMPLIANCE: All vehicles or equipment entering DOE facilities will be subject to Bechtel, U.S. DOE, State and Federal environmental compliance regulations. Vehicles and equipment will be inspected for leaks or other conditions, which may be liable for costs incurred for environmental safety or hazardous material clean-up. Any vehicles or equipment not meeting environmental compliance standards will be shut down immediately until compliance has been met. In the event a break-down occurs on DOE facilities, written authority to facilitate repair on the DOE facility must be obtained prior to any repair work taking place.

DISMANTLING OR MODIFICATION: The buyer will be responsible for any dismantling or modification of vehicles, equipment, or material required to fit buyer-furnished transportation.

RADIOLOGICAL SURVEY: Prior to removal of any property from DOE facilities, a thorough radiological survey of each item sold will be made, and radiological release documents will be prepared and provided. If any part of the material is found to be contaminated by radiation, such contaminated part will be removed and not allowed to be moved from the DOE facility. Title of such contaminated part shall revert to the government. No liability of any nature shall be imposed upon the seller for failure to deliver such contaminated material for sale and removal. However, the buyer shall be entitled to an adjustment of the purchase price in the amount determined reasonable by the contracting officer.

SALE TO D.O.E. AND CONTRACTOR EMPLOYEES: (I.A.W. 41 CFR 109-45.302-50) Employees of D.O.E. and D.O.E. Contractors shall be afforded the same opportunities to acquire government-owned property as is afforded the general public, provided the employee warrants in writing prior to award that they have not either directly or indirectly: (1) Participated in the determination to dispose of the property; (2) Participated in the preparation of the property for sale; (3) Participated in the determining the method of sale; (4) Obtained information not otherwise available to the general public regarding usage, condition, quality, or value of the property.

NOTES: (1) Access to a “NO Host” cafeteria will be available on the test site during normal serving times (11:00 AM to 1:00 PM) for purchasers during property removal. Cafeteria is located only in Mercury.
(2) All information provided within parentheses in the sales descriptions is for Government use only