IFB 60-4005_Korea Tires_02102025_.docx

DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES

74 WASHINGTON AVENUE NORTH

BATTLE CREEK, MICHIGAN 49037-3092

INVITATION FOR BID (IFB)

SOLICITATION OF OFFERS FOR SALE OF

SCRAP TIRES

IFB Tires Public Sale Term Sale Start Price $0.00001 Pricing Method: Per LB price Auction start date 3/6/2025 8:02:52 EST Auction closing date 4/5/2025 9:02:52 EDT

AT

Korea

Sales Contracting Officer: Shawn Ricketts EMAIL: Shawn.ricketts@dla.gov

PHONE: 269-986-6206

DEFENSE LOGISTICS AGENCY (DLA) DISPOSITION SERVICES

74 Washington Ave. North Battle Creek, Michigan 49037-3092

Sales Point of Contact (SPOC): YI, SU KAN, 315-743-1357, sukan.yi.kor@dla.mil Alternate SPOC: KIM, CHI HYON, 315-743-1358, chihyon.kim.kor@dla.mil

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

INTRODUCTION

Defense Logistics Agency (DLA) Disposition Services (hereinafter, the “Agency”) is offering a Term Sales contract for the sale of Scrap Rubber and Scrap Rubber Tires through this Invitation for Bid (IFB).

Base Access Requirements:

You must call the POC at least 48 hours prior to traveling to a location to view or pick up property. Policies for Host Installations vary and access to outside parties may be restricted. For inspection, loading and removal of property, all customers must provide the following information to POC for gaining entrance / escort into U.S. Military Facility: Name, Address, Phone Number, Complete Vehicle Plate Number and Driver’s License Number.

Purchaser is responsible to obtain all base badging for laborers and transportation drivers with coordination and assistance from the Government. All personnel accessing the base must have local or national Government issued identification or driver’s licenses and be free of any warrants. The base will deny access to personnel with warrants. Base access requirements are subject to change. It is the Purchaser’s responsibility to be aware of all changes and comply as needed. (Purchaser will provide a list of personnel who will work on base prior to start of work).

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. The Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that the Purchaser is performing the requirements under this IFB and the resulting contract.

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.

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

The following is for reference only and does not indicate endorsement of the information provided.

Commercial Scale Locator: https://catscale.com/cat-scale-locator/

Item Description:

Rubber tires and Rubber Scrap are located at Camp Humphreys, Camp Casey, Camp Mujuk, Daegu AB, CFA CHINHAE, NAVY, Osan AB, KUNSAN AB, USAG-DAEGU, Korea This is an Invitation for Bid (IFB) that offers scrap rubber for sale.

GO1A scrap rubber tires Go5A Rubber Scrap

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and has 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.

Table 1: IFB Item Number Details:

(LBS.)

Note: The Total QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government makes no guarantees regarding this quantity to be offered, the quantities offered are governed by the minimum and maximum columns in Table 1.

Table 2: CLIN, Material, SCL, Descriptions:

The future volume, quality or market value cannot be predicted. Applicable statutes, regulations, policies and agreements govern whether the disposition of particular items of material is processed through the Agency or through other disposition methods. The volume and nature of the property referred for sale under this contract could be affected by such changes and are not guaranteed. The specific amounts are unknown as this is a sales contract for future generation of material. The generation for this material will fluctuate due to dependence on operational aspects of the worldwide USG mission. Bidders awarded a term sales contract should not assume that they will receive volumes of material with the same or similar quantities and types that have been tendered to any other previous awardee under any other contract.

The Purchaser is cautioned that some requirements for information are required before the start of work on this contract. The Purchaser agrees to provide all services necessary for the contract in accordance with all Host Nation, state, local laws and regulations and in accordance with the terms of this contract. All terms in this IFB will also apply to the Purchaser sub-contractor(s).

Packing:

Property may be loose, on pallets, in boxes or otherwise containerized. It is Purchaser's responsibility to pack property for transport. Agency will not provide any assistance or additional packing material for movement to Purchaser's storage area.

A.5 Removal:

Monday – Thursday 8:00AM-4:00PM.(CET) excluding federally recognized holidays.

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.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 in order to register and enroll in the DBID system.

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. The Purchaser is solely responsible for determining installation access requirements and complying accordingly. If necessary, the SCO can confirm that the Purchaser is performing the requirements under this IFB and the resulting contract. [If there are known specific requirements for a particular installation, modify this section accordingly]

A.6 Inspection:

Monday – Thursday 8:00AM-3:00PM.(CET) excluding federally recognized holidays.

IFB may travel to the designated site to perform inspection for the purposes of bidding on this IFB.

A.7 Loading:

Monday – Thursday 8:00AM-4:00PM. (CET) excluding federally recognized holidays.

requires 48-hour notice.

Purchaser is responsible for loading

Pick up location(s):

Camp Humphreys - Unit#15228 APO AP 96271-5228 Camp Casey - Unit#15333, APO AP 96205-5333 Camp Mujuk - Unit#15017, APO AP 96218-0173 667MMS/DAEGU AB - Unit#2166, APO AP 96213

CFA CHINHAE, NAVY - PSC 479, FPO AP 96269

Osan AB - Unit#2129, APO AP 96278-2129 KUNSAN AB - Unit#2018, APO AP 96264-2018 USAG-DAEGU - Unit#15746, APO AP 96218-5746

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.

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 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.

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/far/52.204-25

Full clause text included in attachment.

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.

SBR Part 1:

General Information and Instructions: All conditions apply except:

Paragraph 2.

Paragraph 5.

Paragraph 12.

SBR Part 2:

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

Paragraph 12 Paragraph 13c.

Paragraph 19.

Paragraph 28.

Paragraph 29.

Paragraph 34.

Paragraph 33. DISPUTES is changed to read “Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 7101-7109)”

SBR Part 3:

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

SBR Part 4:

Sale of Government Property Special Sealed Bid Conditions: All articles apply:

SBR Part 5:

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

Article A.

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

Article G.

SBR Part 6:

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

F 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 SBR Part 8:

Article K SBR Part 9:

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

SBR Part 10:

Sale of Government Property Special Auction Conditions: Does not apply.

BID EVALUATION AND CONTRACT AWARD

Bidding Process:

The bid shall consist of an amount per unit of issue specified in U.S. currency. Prospective bidders should be aware of certain risk factors that could affect a bidder’s assessment of this contract and the calculations supporting the resulting bid. 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 the Purchaser to perform all the requirements under this contract at the bid price submitted by the Purchaser. At no time shall the Government pay the Purchaser to take material offered or pay for services related to the removal of this property. 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, consequential, 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. See SBR Part 2, Article 15.

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.

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: DLADSSalesBids@dla.mil

A Responsive Bid:

Bids must be in 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)

Bids must be in 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.

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

How to Modify/Cancel Bid:

In addition to SBR Part 4, Paragraphs 3 and 4, by submitting a 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). Bidders are responsible for submitting bids, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Modification, revision, or withdrawal of the bid received at the Government office designated in the IFB after the exact time specified for receipt of the IFB is “late” and will not be considered.

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, and has no disqualifying factors (i.e., not suspended, debarred or an ineligible transferee). A responsive bid is one that has complied with all instructions for properly submitting a bid. A responsible bidder is one that is able to pass the vetting process and is determined through the screening process to be an eligible transferee. 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 Purchaser responsibility determinations that are applicable to procurement contracts are not directly applicable to sales contracts awarded under 40 U.S. Code § 704 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. An example follows: Bidder A and Bidder B bid submit bids. Bidder A bids $0.010. Bidder B bids $0.011. In this example, Bidder B would be the apparent high bidder.

Ineligible Bidder:

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).

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.

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.

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:

· 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 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. The Purchaser is not authorized to process Government material at a site other than those listed on the SOI.

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. The Purchaser is not authorized to use a facility that has not been through the ERD process.

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 is capable of complying with the applicable Host Nation, 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 may continue until a responsive bidder is identified and is determined to be responsible.

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, the Post-Award Conference for the Start of Work meeting will be scheduled.

Start of Work (SOW) Meeting:

When payment is posted and confirmed by the SCO; and all other vetting has been completed the Government shall conduct a post-award conference within 10 calendar days after payment confirmation. The purpose of the conference 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 post award conference. 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 the meeting the official signed Notice of Award will be sent to the Purchaser. At this time property is authorized for release. Purchaser shall have 30 calendar days from this official notification to become fully mission capable.

PARTIES TO THE CONTRACT

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.

Assignment of Claims 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.

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.

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.

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.

CONTRACT FINANCIAL RETENTION & INSURANCE AND BOND REQUIREMENTS

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.

Insurance and Bond Contract Requirements:

Purchaser shall obtain the minimum coverage specified unless the Agency approves a variance from such minimum coverage. Purchaser shall obtain and maintain the insurance and bond requirements throughout the performance period.

CONTRACT PERFORMANCE

Performance Period:

This contract will be for a thirty-six (36) month base period with two (2) twelve (12) month option periods. Option periods will be mutually agreed upon by the Purchaser and the Government. The contract also contains an available six-month extension period that may be offered at the SCO’s discretion at the end of each performance 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 120 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. The entire length of the contract, if all option periods and extension are used, shall not exceed 66 months.

The three (3) year base period is defined as any continuous 36-month period of time starting from initial award of the IFB. Or from the time of 1st removal.

Only the extension period is subject to being pro-rata of the base period of performance quantities and SBR Part 4, Para 5. Any extension period issued after the base period that is shorter in duration than the base period, the minimum and maximum per contract line item for that period will be adjusted and calculated as a percentage of the stated base period requirement.

For illustrative purposes, if contract line item 1 had a requirement for 1,800,000 lbs. over three years that is subject to term sale adjustment for variation in quantity or weight of the SBR Part 4 Para 5, then a one-month extension period for contract line item 1 would have a requirement of 50,000 lbs. (1,800,000 lbs. divided by 36 months) subject to term sale adjustment for variation in quantity or weight of the SBR Part 4, Para 5. This would mean the minimum guaranteed quantity in the one-month extension period would be 25,000 lbs. (50,000 lbs. multiplied by .50 equals 25,000 lbs.) and a maximum quantity that could be issued in the one-month extension is 75,000 lbs. (50,000 lbs. plus 25,000 lbs. equals 75,000 lbs.).

Be advised the option periods in this IFB have their own defined minimum/maximum quantities listed below. If a twelve (12) month option period is exercised, the minimum and maximum quantities applicable to the option period are as follows:

Purchasers shall exercise caution incurring obligations based on an anticipated thirty-six (36) month base period of performance as the thirty-six (36) month period refers only to the amount of time the agency shall have to issue material to the Purchaser. It does not confer any right to receive property throughout the thirty-six (36) month base period of performance. The Agency only has to issue the minimum amount of material within the thirty-six (36) base period of performance.

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 Host Nation, Federal, state, local codes and IAW regulations.

Anticipated Regulatory Changes: Performance under any contract resulting from this solicitation must be in compliance 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 there to which public notice has been given that may reasonably be anticipated to be effective during the life of the contract.

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 Host Nation, 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.

PAYMENTS

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 contract and had bid $0.010 per LB for this contract line item and if Purchaser A removed 10,000 LB for the month of January, then Purchaser A would be billed $100 (10,000 LB times the bid price of $0.010 per LB).

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 are acceptable. 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.

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

Pre-Payment Requirement:

Within ten calendar days of contract award, Purchaser shall provide the Agency a prepayment in the amount equal to 20% of the estimated total price for one year’s removal of property. The prepayment shall be in the form of a guaranteed instrument (cashier’s or certified check), Electronic Funds Transfer (EFT), or via wire payment. Payment options and instructions will be provided to the apparent high Bidder with the Notice of Award.

The Agency shall retain the prepayment until the completion of the contract closure period, no later than 120 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.

Consequences of Late or Short Payments:

If full payment is not received within 30 days of the bill, interest will 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 days from the bill date, we will collect from the pre-payment taking offset action against any of your unpaid invoices. If the debt is forwarded to the Debt Management Office, Contract Pay Services, Columbus, Ohio; Purchaser will be assessed an administrative fee of $26 to cover costs specifically associated with the administration and collection of payments over 30 days delinquent.

If full payment is not received within 30 days from the date of the bill, the SCO will send a Cure notice. If the Purchaser fails to cure, the SCO will terminate the contract and apply the escrow balance to any debt owed to DLA. If Debit is greater than the escrow payment, the SCO 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, will transfer the delinquent debt to the Department of Treasury for further collection. As a result of this transfer, the following actions may be taken.

The debt will be subject to the Department of Treasury offset from Federal payments due (Purchaser or your 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 will 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.

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

Authorized and Unauthorized Material 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.

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.

Classified Material:

Performance of this contract neither requires nor authorizes 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.

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.

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.

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 outlined in Part 15 starting on page 38. The Government will arrange for pick up and removal of such material.

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.

Foreign Attachment Most SCLs include foreign attachments as part of the total weight. The weight of foreign attachments is included in the billed weight and may be an important factor to consider when preparing a bid amount. Foreign attachments are not dunnage or miscellaneous debris. Foreign attachments will not exceed 5 (five)% of the billed weight.

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.

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.

COMPLIANCE WITH GOVERNMENT REGULATIONS

Compliance:

Purchaser shall comply with all applicable Host Nation Facility Safety, Environmental and Security requirements; Host Nation, state, local laws, ordinances, regulations, and the Environmental Final Governing Standards for Italy (as amended) in connection with performance of the requirements under this contract, and especially with all environmental laws designed to protect human health and the environment during the processing, use, or disposal of material purchased from the Agency. All work shall be completed and performed IAW the best practices of the trade.

PURCHASER RESPONSIBILITIES

Local Laws:

Purchaser shall comply with all applicable Host Facility Safety, Environmental and Security requirements; Host Nation, Environment Environmental Agency state, local laws, ordinances, regulations, etc., applicable in connection with performance of the requirements under this contract, and especially with all environmental laws designed to protect human health and the environment during the processing, use, or disposal of material purchased from the Agency. All work shall be completed and performed IAW the best practices of the trade.

Purchaser shall comply with all Host Nation, state, and local Department of Transportation rules and regulations while transporting HM materials on post and to its ultimate destination.

The Purchaser is required to provide the Sales Contracting Officer copies of the manifest or other movement document showing consignment to, and acceptance by a properly permitted recycling or disposal facility within [60] days of removal of the property from the DLA site.

Spills:

The Purchaser is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur as a result of, or are attributed to, the actions of its agents, employees, or…