IFB_33-5014_Scrap_Tire_Sale_Warner Robins_GA.pdf

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

FOR SALE OF

SCRAP TIRE SALE

IFB 33-5014

SEALED BID

TERM SALE

for

Warner Robins, GA

Offer Closing Date/Time: May 22, 2025. 1:00 pm EST. Battle Creek, Michigan, USA

Inspection Period Begins April 22, 2025 1:00 EST. By appointment only

Sales Contracting Officer: Scott Rogers

EMAIL: Scott.Rogers@dla.mil

PHONE: 269-961-5015

Sales Point of Contact (SPOC) for Inspection:

Ogden, James, James.Ogden@dla.mil, 478-297-5161

Anderson, Sharrard, Sharrard.Anderson@dla.mil, 478-207-9144

Bids shall be submitted via email only to: dla.sales@dla.mil mailto:James.Ogden@dla.mil mailto:Sharrard.Anderson@dla.mil mailto:DLADSSalesBids@dla.mil

A INTRODUCTION

A.1 Base Access Requirements:

A.2 Useful Websites:

A.3 Item Description:

A.4 Packing:

A.5 Removal and Loading:

A.6 Inspection:

B TERMS AND CONDITIONS OF SALE

B.1 FAR Provision 52.204-24:

B.2 FAR Provision 52.204-25:

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 How to Modify/Cancel Bid:

D.6 Bid Evaluation:

D.7 Ineligible Bidder:

D.8 Pre-Award Survey:

D.8.1 Environmental Responsibility Determination (ERD):

D.8.2 Alternate or Additional Destination:

D.9 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.10 Contract Award:

D.11 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 Prepayment:

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 Purchaser Operations:

G.5 Final Recycling/Disposal:

H DISTRIBUTIONS/PAYMENTS

H.1 The Billing Cycle:

H.2 Types of Acceptable Payments:

H.3 Payment Confirmation:

H.4 Consequences of Late or Short Payments:

I Authorized and Unauthorized Material I.1 Material Flow:

I.2 Material Referral:

I.3 Classified Material:

I.4 Material Potentially Presenting an Explosive Hazard (MPPEH):

I.5 Radioactive Property:

I.6 Hazardous Property:

I.7 Other than "Demilitarization Code A” Scrap Property:

I.8 Safety of Use Message (SOUM) property:

I.9 Disposition of Tires:

I.10 Demilitarization Code Assignment:

I.11 Foreign Attachment:

I.12 Miscellaneous Debris and Dunnage:

I.13 Standard Form (SF) 364 Report of Discrepancy (ROD):

I.14 Title Transfer:

I.15 Notice of Default:

I.16 Response to Notice:

I.17 Termination:

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 sub-contractors:

K.6 Storage Charges:

K.7 Transportation Requirements:

K.8 Permits:

K.9 Anticipated regulatory Changes:

L CONTRACT COMPLIANCE, AUDITS AND REVIEWS

L.1 Compliance with Applicable Laws and Regulations:

L.2 Licenses and Permits:

L.3 Duties of Care and Loyalty:

L.4 Prohibited Activities:

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

L.6 Post award inspections:

L.7 Purchaser Record Retention:

L.8 Inspection of Records and Workplace by Government:

L.9 Compliance Notification:

L.10 Costs of Oversight:

L.11 Notice of Audit Adjustment:

L.12 Procedures for Adjudication of Audit Adjustments:

L.13 Remedies for Audit Adjustments:

L.14 Contracts with Third Parties:

M DISPUTES AND CLAIMS

M.1 Disputes:

M.2 Alternative Dispute Resolution (ADR):

N MISCELLANEOUS PROVISIONS

N.1 Binding Effect:

N.2 Notices:

N.3 Severability:

N.4 Headings:

N.5 Survival:

N.6 Waiver:

N.7 Force Majeure:

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

N.9 Tense and Gender:

N.10 Entire Agreement and Modification:

N.11 Computation of Time:

N.12 Electronic Communication:

N.13 No Reimbursements:

N.14 Market, Resale and/or Export:

O GOVERNMENT REQUIRED REPORTS

O.1 Purchaser Operating Schedules:

O.2 Government Use of Purchaser Reported Information:

O.3 Monthly Reporting Requirements:

O.4 Production Report:

O.5 Documentation Requirements:

O.6 Shipping Documentation Requirements:

P ADDITIONAL CONTRACT ADVISEMENTS

P.1 Public Law Pertaining to Location Operations:

P.2 Public Law Pertaining to Material:

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

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

P.5 Pollution Prevention and Right-to-Know Information Definitions (As used in this clause):

Q DEFINITIONS

A INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a three-year term Public Sales contract for scrap tires through this Invitation for Bid (IFB). The Government endeavors to award an environmentally responsible and economically viable contract for all parties for scrap tire removal that reduces the overall disposal cost for the Government while diverting as many tires as possible from landfill disposal.

A.1 Base Access Requirements:

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

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 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.

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

A.3 Item Description:

Scrap rubber tires including but not limited to, vehicular, aircraft tires with/with-out rims and skid steer rubber tracks located at or near Warner Robins, GA and location identified in section A.5

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and have no additional restrictions by this Agency. The scrap material issued under this contract shall be assigned a Demilitarization Code of A and will be categorized into the SCL(s) listed below.

The Purchaser holds the responsibility for ensuring the appropriate disposal or recycling of tires in strict compliance with all pertinent laws and regulations. Over the duration of the performance period the Government guarantees to issue the Purchaser a minimum total weight equal to the “Minimum Guaranteed QTY (LBS.)” identified per SCL listed in Table 1. The maximum total weight the Government could issue during the base period is the “Maximum Allowed Qty (LBS.) per SCL listed in Table 1.

Table 1: IFB Item Number Details:

State Site Item Material Desc.

Total

QTY

(LBS.)

Minimum Guaranteed

QTY

(LBS.)

Maximum Allowed

QTY

(LBS.)

GA Warner Robins 01 DS000G01A Vehicular and Aircraft Tires 1,800,000 600,000 3,600,000

Note: The Total QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government has not developed an estimate of the quantity to be offered. The Government guarantees only to tender the minimum quantities specified in Table 1 if performance is successful.

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

Bidders are highly encouraged to perform a pre-bid site inspection in order to make an intelligent bid and bears the costs and risks associated with bid based on review of the pictures alone without performing a site inspection.

Table 2: CLIN, Material, SCL, Descriptions:

CLIN MATERIAL SCL DESCRIPTION

10 DS000G01A G01 Vehicular and Aircraft Tires, with/with-out rim

A.4 Packing:

Property may be stored inside or outside. Tires are palletized, banded, shrink-wrapped or otherwise covered. Some tires are in tri-wall containers. Pallets, banding, shrink-wrap, tri-walls, and other packing material are included and will not be allowed to be left behind.

A.5 Removal and Loading:

Monday-Friday 7:00AM-2:30PM Eastern Standard Time (EST) excluding federally recognized holidays. No Load outs in any inclement weather IE severe weather. Government will load property onto Purchaser’s provided conveyance. Purchaser will provide 53-foot box trailer on site for tire accumulation, once conveyance is full, Agency site will request removal. When purchaser executes a removal, the Purchaser will drop an empty 53-foot trailer to replace the full the container being removed.

Pick up location: 1200 Macon Street, RAFB, Georgia 31098

A.6 Inspection:

Monday-Friday 7:00AM-2:30PM Central Standard Time (CST) 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 or contact the site for photographs. Determine requirements for clean and safe conditions of loading and work areas.

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 marked, signed and returned with bid.

The Representation that must be signed will be sent at the same time the Statement of Intent (SOI) is sent to apparent high bidder 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.

C SALE BY REFERENCE (SBR)

The following general information, instructions and special conditions of sales contained in DLA 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.

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 2 Paragraph 4 is amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

Paragraph 5 Paragraph 8 Paragraph 12

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except:

Paragraph 12 Paragraph 13(c) Paragraph 19 Paragraph 25 Paragraph 28 Paragraph 29

Modification of Paragraph 33: Changed to read “(41 U.S.C. 7101-7109)”

C.3 SBR Part 3:

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

C.4 SBR Part 4:

Sale of Government Property Special Sealed - Term Conditions: All articles apply except:

Paragraph 5.

C.5 SBR Part 5:

Additional Special Circumstance Conditions - Miscellaneous: All articles apply except:

Article A Article E Article F Article G Article H Article I 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

Article L

Modified Articles:

Article D is amended to: The Purchaser shall, at no expense to the Government and prior to contract performance, confirm with the Sales Contracting Officer that the Certificates of Insurance will be effective throughout the term of the contract or any extensions thereof.

C.6 SBR Part 6:

Additional Special Circumstance Conditions - Demilitarization and Mutilation: Does not apply.

C.7 SBR Part 7:

Additional Special Circumstance Conditions - Hazardous and Dangerous Property: All articles apply except:

Article A Article B Article C Article D Article F Article G Article H Article I Article J Article K Article L Article M Article N Article O Article P Article Q Article R Article T Article V Article W Article X Article Y

Article U. Paragraph a. is amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

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 bid shall consist of an amount per unit of issue specified in U.S. currency. Be advised certain risk factors 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 related to determining the bid.

The Government expects all the terms and conditions of the contract to be met at the bid price submitted. At no time will 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 DLA 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 decimal places (example 0.01005). Minimum bid is .00001 per unit of issue. Multiply your bid price by the quantity indicated in the “Total QTY” column being advertised to calculate your extended bid amount.

For illustrative purposes, if the item being advertised for sale in the IFB is in pounds and for a total quantity of 100,000 pounds and Bidder A’s bid price is $.01000 per pound, then $.01000 times 100,000 pounds equals $1,000.

The $1,000 would be Bidder A’s extended bid amount.

DO NOT email bids or call-in bids directly to the SCO.

Bids shall be submitted via email only to: dla.sales@dla.mil

D.4 A Responsive 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. Only responsive bids may be considered for award. A responsive bid submission shall contain at a minimum:

• SF114 completed and signed.

• SF114A or SF114A Local Reproduction (Schedule H, Bid Worksheet if provided)

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

D.5 How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, to modify a bid, submit the 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).

mailto:DLADSSalesBids@dla.mil

D.6 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.C § 545 but may be considered by the Sales Contracting Officer in evaluating bidder responsibility.

The Government intends to make a single contract award based on the apparent high bid for the CLIN. The Agency intends to award one contract to the responsible bidder with the highest priced, responsive bid. An example follows:

Bidder A and Bidder B bid on the CLIN. Bidder A bids $0.01000 for the CLIN. Bidder B bids $0.01001 for the CLIN. Bidder B would be the apparent high bidder for the CLIN.

D.7 Ineligible Bidder:

A Bidder will not be eligible for award if they are:

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.8 Pre-Award Survey:

The Agency will conduct a Pre-Award survey of only the Apparent High Bidder. The SCO will provide notification that you are the Apparent High Bidder (AHB), and Statement of Intent (SOI) DLA Form 2536 will be included in the notification. The SOI must have parts 1-6 completed and signed. The Pre-Award survey may be conducted at the AHB’s facility. The Pre-Award survey may include but is not limited to a review of facilities, equipment, financial capability, quality assurance, safety, environmental responsibility and transportation capabilities.

The Apparent High Bidder shall cooperate in the Pre-Award process by assisting in arrangements and/or by providing requested information in a timely manner. Be advised that the Pre-Award survey and providing documents to the Government is part of the evaluation to determine responsibility and is not a guarantee of contract award.

To facilitate the Pre-Award Survey, you have ten business days to:

• Complete and return SOI to the SCO.

• Complete and return FAR Provision 52.204-24.

D.8.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of Disposition Services will conduct an ERD on sale destinations to verify if the DoD-purchased property will be managed in accordance with the Invitation for Bid, Statement of Intent, Federal, state, and local regulations. All downstream facilities receiving Government property to be processed shall be listed in the Statement of Intent. Downstream recipients of Government property which has already been processed need not be listed. Downstream processors will be evaluated based on holding required permits/registrations, current compliance status and other factors.

https://sam.gov/

The Purchaser is responsible for providing copies of requisite permits/registrations for downstream processors for the ERD. Environmental permits/registrations required for this IFB include but are not limited to:

- No one person may store more than 25 scrap tires unless they are scrap tire processors and sorters or end-users.

If so, then those processors, sorters, or end-users may only store the number according to the permit. Tires must be stored to prevent vermin/mosquitos and the accumulation of rainwater.

- Waste tire site, collector/transporter, processing facilities, and disposal facilities registration or permits.

- If exporting tires out-of-state, the Purchaser is responsible to meet all applicable requirements for exporting and processing tires in other states

ERDs typically take up to 10 business days to complete. Any findings annotated by the Government during an ERD must be corrected within 30 days and 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.

D.8.2 Alternate or Additional Destination:

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

D.9 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 sub-contractor) to perform the work specified in this contract and can comply with the applicable Federal, state and local laws, ordinances and regulations.

If at any point the Agency 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 will continue until a responsive bidder is identified and is determined to be responsible.

D.10 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.

The Government intends that a single award will be made to a responsible bidder with the highest priced responsive bid per contract line item unless a determination is made to reject the bid under 41 CFR § 102-38.205.

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 apparent high bidder, you will receive a Statement indicating the amount of payment due. Submit payment within ten business days of the Statement.

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.11 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. Purchaser shall have 30 calendar days from this official notification to become fully mission capable.

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 Prepayment:

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 120 calendar days after the end of the performance period. The prepayment 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 prepayment, without interest, to Purchaser at the completion of the contract closure process. The Bidder or Purchaser hereby agrees that Disposition Services may use all or any portion of any refund due him to satisfy, in whole or in part, any debt arising out of prior transactions with Disposition Services.

F.2 Insurance and Bond Contract Requirements:

Purchaser shall obtain at least the minimum coverage required by local or federal regulations. Purchaser shall obtain and maintain the insurance and bond requirements throughout the performance period.

The amount of coverage must be the greater of requirements from: country, local or other governing bodies; or the requirements specified in the Sales by Reference pamphlet (July 2012) Part 5, Article D if it is sufficient to meet host nation requirements.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser shall have thirty six-month base period to remove the material specified in this IFB. There are no option periods available. The contract contains an available six-month extension period that may be offered at the Agency’s discretion at the end of thirty-six-month base period, under the same terms and conditions of the contract. In the event the extension is utilized, the SCO shall advise the Purchaser in writing 7 calendar days prior to the expiration of the current period of performance period. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety.

Be advised the extension period in this IFB have their own defined minimum/maximum quantities as listed below. If a thirty (30) day extension period is exercised, the minimum and maximum quantities applicable to each 30-day extension period are as follows:

Item Material Minimum

Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

1 (ea. 30-day extension) DS000G01A 10,000 100,000

Note: If extension period is exercised for multiple months, multiple the quantities above by the number of months the extension has been offered to determine minimum and maximum quantities.

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 comply 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 Purchaser Operations:

The Purchaser must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, Purchaser’s personnel and equipment shall comply with applicable Federal state, local and installation laws, safety regulations and procedures. The Purchaser will ensure that its agents, employees, and sub-contractors perform in a safe manner. The Purchaser shall ensure that all personnel involved in handling, transporting and recycling/disposal of scrap tires/rubber be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of use of material handling equipment, proper lifting techniques, general First Aid procedures and spills. Handling and protective equipment shall be provided by the Purchaser and must be appropriate to ensure safe handling of the scrap tires/rubber.

G.5 Final Recycling/Disposal:

For this action, recycling includes beneficial use, re-use, recycling or reclaiming the scrap rubber on this contract, and associated material such as metal when rims or full wheel assemblies are handled. Recycling and/or strict disposal of the scrap rubber (and rims if included) without recycling are only authorized at facilities that are appropriately licensed/permitted by local/state agencies to conduct them. The following also applies for all items removed under this contract that are beneficially used, re-used, recycled or reclaimed, or strictly disposed of.

When required, the Purchaser must use transporters registered in the appropriate state(s) as necessary for transporting tires under this contract.

Applicable Certificates of Recycling provided by the recycling facility, tire manifests and any other required certificates shall be provided to the DLA Disposition Services location’s Sales Point of Contact (SPOC) coordinating the removal (whether recycling is required by regulation, e.g., state requirements for the location(s), or the Purchaser voluntarily recycles the tires). Provide DLA Disposition Services’ SPOC copies of all documentation evidencing the quantity of weight removed matching the weight processed (destructed/mutilated, re-used, recycled, reclaimed or disposed).

H DISTRIBUTIONS/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. Payments by Electronic Fund Transfer (EFT), Bank Account (ACH), cashier’s check, certified check, travelers check, bank draft, money order or credit card (Master Card, Visa, Discover Card, and/or American Express).

Make checks payable to the U.S. Treasury. 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 transaction to $24,999.99.

Transactions greater than $24,999.99 cannot be split into two or more credit card transactions. Bidders whose payment is accompanied by a letter of credit or who have on file an approved bid bond (SF 24 or SF 34) may make their payments by uncertified personal or company checks, but only up to an amount equal to the penal sum of their bond or the amount of their letter of credit.

Address all hand-carried or delivered payments to the following:

DLA FINANCE, J8B

ATTN: CASHIERS OFFICE

74 WASHINGTON AVENUE, N

BATTLE CREEK, MI 49037-3092

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 Should Purchaser need to make a payment for less than $1.00, the website credit card payment method cannot be used.

Instead, Purchaser will be required to complete the manual credit card form and fax it to (269) 961-7230.

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.

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

H.4 Consequences of Late or Short Payments:

If full payment is not received within 30 calendar days of the bill, interest shall be charged on the unpaid portion at the rate established by the U.S. Treasury from the date of the bill in accordance with Section 3717 Title 31 of the U.S. Code. After 30 calendar days from the bill date, the Government will collect from the pre-payment taking offset action against any of the Purchaser’s unpaid invoices. If the debt is forwarded to the DFAS Debt Management Office, Contract Pay Services, Columbus, Ohio; the Purchaser shall be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 calendar days delinquent.

If full payment is not received within 90 calendar days from the date of the bill, the Government will transfer the debt to the Debt Management Office for collection and an additional administrative charge of $50 will be assessed.

They will continue the collection process and if unsuccessful, shall transfer the delinquent debt to the Department of Treasury for further collection. Because of this transfer, the following actions may be taken:

The debt shall be subject to the Department of Treasury offset from Federal payments due (owner or company, as applicable). A fee for each offset made will be added to the debt as part of the administrative charge. Federal payments eligible for offsets include contract payments, Federal income tax refunds, and other payments not exempt.

• The debt may be reported to a credit bureau.

• The debt may be referred to a private collection agency. In such instance, a fee for collections made shall be added to the debt as part of the administrative charge.

• The debt may be referred to the Department of Justice for litigation. In such case, an administrative cost will be added to the debt.

You may inspect and/or request a copy of the records pertaining to this debt. If you believe the debt is invalid or the amount is incorrect, please contact the SCO immediately. If you are financially unable to pay the full amount of the debt, the Purchaser may request a written agreement to pay the debt in installments. The Purchaser’s request for an installment agreement shall be in writing and supported by certified statements of income and financial position https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=25176217 covering the last 12 months. The point of contact for this debt is the Sales Contracting Officer listed on the Notice of Award document.

I Authorized and Unauthorized Material

I.1 Material Flow:

The material is scrap vehicle tires with or without rims offered by the pound for bidding purposes. Actual weight will be billed in pounds. The Agency has established field locations and other receipt-in-place locations to meet the needs of our customers. The Agency does not represent that the locations and the number of locations are enduring and does state that all locations are subject to change based on the needs of our customers.

I.2 Material Referral:

The Purchaser is the Subject Matter Expert (SME) on making the determination for the disposition of tires and may affect removal of tires offered in its entirety. Purchaser is not required to take hazardous material or material that could pose a risk to national security, environmental or personnel safety or health issue such as mold and asbestos containing materials. The Agency reserves the right to sell material or offer material through alternative sales or contract means for all material not considered part of this contract.

I.3 Classified Material:

Performance of this contract does not require nor authorize 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.4 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. 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 Agency will arrange for pick up and removal of such material.

I.5 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.6 Hazardous Property:

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.7 Other than "Demilitarization Code A” Scrap Property:

Performance of this contract DOES NOT require the Purchaser to receive nor process other than “Demilitarization Code A” scrap property. Should Purchaser employees suspect other than “Demilitarization Code A” scrap property, the Purchaser shall immediately secure the property and notify the Agency’s Site Lead and the SCO of the discovery immediately. 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.8 Safety of Use Message (SOUM) property:

At the Government’s discretion, certain items may be deemed unsafe for use as identified in a SOUM. Under the terms of mutual agreement, Purchaser may elect to perform the required scrapping or return any items to the Government.

I.9 Disposition of Tires:

The Government considers the Purchaser to be the Subject Matter Expert (SME) on making the determination for the disposition of tires. The Purchaser agrees to indemnify and hold harmless the Government for any liability resulting from resold or repurposed tires.

I.10 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.11 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.12 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.13 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. When a discrepancy cannot be resolved locally, the property shall be segregated and identified by the Report Number. A copy of the SF 364 ROD shall be stored with the property until final disposition has occurred.

A copy shall be submitted to the SCO requesting disposition instructions and/or further resolution if required.

I.14 Title Transfer:

Title shall transfer when removed from Government premises after the DLA Form 1367 is signed by both parties indicating release by the Government and acceptance by the Purchaser or their agent as indicated by their respective signatures.

I.15 Notice of Default:

In the event of a material breach or default of the respective duties in the performance of this contract, the Agency, will serve written notice upon such material breach. The Agency reserves the right, based on the severity of the default, to pursue lesser means of resolution to the default other than written notice. The Notice of Default, regardless of form, will provide corrective actions (cure) that must be taken and a date specific (cure date) to be completed. Failure to submit payment in full for monthly billing statements is directed by Treasury and DFAS Policies and the SCO has no discretion but to exercise actions stated in Section H above.

The SCO will, based on the severity of the default, choose to:

• Resolve through informal discussions.

• Request the Purchaser to provide a written plan of action on how the default will be corrected, a specific date to be completed, and what procedures will be implemented to prevent reoccurrence of the default.

(Show Cause)

• Assess Liquidated Damages, normally in the form of storages charges or actual cost of repair.

• Terminate the contract.

The Agency may take any, a combination, or all, of the following actions to satisfy its claims for any non-payments or other damages:

• Present a claim against Purchaser.

• Present a claim upon the any other applicable insurance or surety policy.

• Seek appointment of a receiver or trustee for Purchaser.

• Seek monetary damages, restitution or any other legal or equitable remedy to which it is entitled.

• Assert any other right, claim, or remedy available pursuant to the Contract Disputes Act of 1978 (41 U.S.C.

7101-7109).

I.16 Response to Notice:

Except as otherwise provided, the default will be cured within 14 calendar days of such notice, referred to as the cure period. However, the notice may provide a longer cure period. The SCO may withdraw the notice within the cure period or extend the cure period in writing.

I.17 Termination:

Unless otherwise provided, termination shall be effective the dated served. Both parties shall continue to perform their respective duties under the contract as…