SALE OF GOVERNMENT PROPERTY AMENDMENT OF INVITATION FOR BIDS/MODIFICATION OF CONTRACT

Exhibit 10.1

WHEREAS, Contract 08-0001-0001, General Statement of Contract, sixteenth paragraph, states: “The Contractor is required to participate in the Government’s Federal Asset Sales (eFAS) Program whereby the Contractor agrees to integrate all sales being conducted by the Contractor to the website, GovSales.gov, a Real and Personal Property Portal that facilitates the sale for all Government Agencies. Required quarterly reports reflecting Contractor sales performance must be provided to the GSA GovSales Planning Office.”

WHEREAS, Contract 08-0001-0001, Article Nine, Section 6 states: “Federal Asset Sales (FAS) Requirements – Contractor is required to transmit all active sales information for each property to the eFAS/GovSales.gov portal using one of the following methods:

·                  Property Listings in CSV format transmitted via SFTP

·                  Property Listings in XML format transmitted via web service/SOAP

On a quarterly basis, the Contractor is required to provide the following post sales data to the GovSales Planning Office:

·                  Total Number of Assets Sold – Assets sold equals number of individual assets sold not number of lots sold

·                  Total Number of Assets Posted on GovSales.gov Portal

·                  Gross Revenue Received – Revenue equals sales proceeds

·                  Percentage of Personal Property Assets Sold Equal to Greater than Market Value - This metric only applies to FSG 14 (Aircraft); FSG 19 (Boats); FSG 23 (Motor Vehicles including cars, trucks, buses, and motorcycles; and FSG 2420 (Wheeled Tractors)

·                  Cycle Time – Time that an asset leaves the RTD process through payment

·                  Total Net Sales Revenue – Proceeds minus costs

·                  Implementation Guide Provided”

WHEREAS DRMS Form 1427 (Notice of Award, Statement, and Release Document) reflects that the Up-Front Property Payment (Bid Percentage) is 2.2577%.

WHEREAS Contract 08-0001-0001, Item Description, Item 1, third paragraph, first sentence, states: “The Government will decide items to be sold to the Contractor regardless of Federal Supply Class (FSC), location, or demilitarization code.”

WHEREAS Contract 08-0001-0001, Article Six, Section 1(C) CONTRACTOR’S RIGHT TO NON-DELIVERY ORDER ITEMS, third sentence states: “The Government will decide items to be sold to the Contractor regardless of FSC, location, or demilitarization code.”

WHEREAS Contract 08-0001-0001, Item Description, Item 1, third paragraph, first sentence, states: “The Government guarantees to issue the Contractor the lesser of either 130,000 line items of property annually or issue to the Contractor, property with an annual acquisition value of $600,000,000 under this contract.”

2

WHEREAS Contract 08-0001-0001, Article 8, Section 3 PROPERTY ASSURANCE CONTRACTOR DE-INCENTIVES, states: “De-Incentives will apply to the Contractor with regard to conducting a resale of items after DRMS has identified it as controlled or DEMIL required and placed the item on the DNS or DCC List. De-Incentives will apply in that DRMS will charge the Contractor 50% of the acquisition value of any item DRMS has identified to the Contractor as not eligible for sale based on the item commodity or demilitarization code, yet DRMS finds it for sale on the Contractor’s website.”

WHEREAS Contract 08-0001-0001, Article 12, Section 4(B), DRMS VERIFICATION OF ASSURANCE PROCESS states: “The DRMS Verification Office will conduct daily reviews of the items that the Contractor is offering for sale to ensure items appearing on the DNS List or DCC List are not being sold. De-Incentives will apply in that DRMS will charge the Contractor 50% of the acquisition value of any item DRMS has identified to the Contractor as not eligible for sale based on the item commodity or demilitarization code, yet DRMS finds it for sale on the Contractor’s website.”

WHEREAS Contract 08-0001-0001, Article 12, Section 5, CONTRACTOR WEB BASED APPLICATION, first sentence states: “Contractor must develop a web-based application for use on this contract with regard to reviewing property for accurate coding and sales eligibility.”

WHEREAS General Statements of Contract, fifth paragraph, states: “The successful bidder commits to purchase property issued under this contract on a Delivery Order for a thirty-six (36) month performance period commencing from the date of submission of the initial Delivery Order to the Contractor. DRMS may unilaterally exercise options to extend the performance period for up to an additional twenty-four (24) months via two twelve month options, based on Government requirements.”

WHEREAS Contract 08-0001-0001, Article 4, Section 1, PERFORMANCE PERIOD, first sentence states: “Subject to the early cancellation option provisions and the Termination for Convenience of the Government provisions, the Government shall provide property for a thirty-six (36) month period from the date of the initial delivery order to Contractor.”

WHEREAS General Statements of Contract, fourth paragraph, last sentence states: “Recycling Control Point (RCP) DLA Depot property will be issued to the Contractor at one of four DRMS Controlled Property Centers (CPCs) currently located at Columbus, OH; Norfolk, VA; Huntsville, AL; and Stockton, CA.”

NOW THEREFORE, it has been determined that the following actions will serve the best interest of the Government and Contractor:

Contract 08-0001-0001, General Statement of Contract, sixteenth paragraph, is changed to read, “The Contractor is required to participate in the Government’s Federal Asset Sales (eFAS) Program whenever acting as a sales broker when reselling non-DRMS asset Government property, whereby the Contractor agrees to integrate all sales being conducted by the Contractor to the website, GovSales.gov, a Real and Personal Property Portal that facilitates the sale for all Government Agencies.