INVITATION FOR BID (IFB)

FOR SALE OF

SCRAP TIRE SALE

IFB 33-6049

SEALED BID

TERM SALE

for

Fort Buchanan, Puerto Rico

Offer Closing Date/Time: December 03, 2026, 1:00 pm EST Battle Creek, Michigan, USA

Inspection Period Begins November 03, 2026, 01:00 AST By appointment only

Sales Contracting Officer: Ronald Fahling II

Sales and Marketing Specialist: Brian Kemp

Sales Point of Contact (SPOC) for Inspection:

Luis Pena, Luis.Pena@dla.mil, 787-237-7624

Bids shall be submitted via email only to: dla.sales@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 Clause 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 When to Send Bid:

D.6 How to Modify/Cancel Bid:

D.7 Bid Evaluation:

D.8 Ineligible Bidder:

D.9 Pre-Award Survey:

D.9.1 Environmental Responsibility Determination (ERD):

D.9.2 Alternate or Additional Destination:

D.10 Necessary Licenses, Permits and Certifications Shall be Reviewed:

D.11 Contract Award:

D.12 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 Waste:

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 for Default:

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 Government locations:

K.5 Purchaser Use of Subcontractors:

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 Costs of Oversight:

L.10 Notice of Audit Adjustment:

L.11 Procedures for Adjudication of Audit Adjustments:

L.12 Remedies for Audit Adjustments:

L.13 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 Government 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 Government (DLA) Disposition Services (hereinafter, the “Government”) is offering a three (3) 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 (AHB) 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 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, vehicular and aircraft, with/with-out rim located at Fort Buchanan, PR.

Generally, scrap material sourced to the resulting contract(s) is considered safe to sell and has no additional restrictions by this Government. 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:

CLIN Material Desc.

Bid

QTY

(LBS.)

Minimum Guaranteed

QTY

(LBS.)

Maximum Allowed

QTY

(LBS.)

10 DS000G01A

Vehicular and Aircraft Tires

300,000 100,000 1,000,000

Note: The Bid QTY (LBS.) column in Table 1 is provided solely for the purpose of bidding. The Government guarantees only to tender the minimum quantities specified in Table 1.

Bidders are highly encouraged to perform a pre-bid site inspection 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 may be located in tri-wall containers.

A.5 Removal and Loading:

Monday-Friday 9:00AM-2:00PM Atlantic Standard Time (AST) excluding federally recognized holidays.

The Sales Point of Contact (SPOC) will contact the Purchaser by email with the removal request schedule. The Purchaser must respond within three (3) business days to the request with confirmation or a request for an alternate date, which will not exceed three (3) business days of the SPOC’s original requested schedule date. All change requests must be authorized by the SPOC.

The Government will load property onto Purchaser provided conveyance which may include roll off containers, flatbed trucks, or box trucks.

Pick up location:

522 ISABELA STREET, FORT BUCHANAN, PUERTO RICO,00934

No Certified scale located on site.

Alternate scale located at: JJW METALS CORP, CARR # 3 KM 13.6 CAROLINA PR 00979 (15 miles)

Purchaser will use Certified Scale(s) for all material leaving a Government location. In the event a Certified Scale is unserviceable, the nearest Certified Scale shall be used at Purchaser’s expense. All weighing shall be observed by both parties, recorded on a DLA Form 1367 (filled out by Government personnel) and signed by both parties at the time of release. Weight tickets shall accompany the DLA Form 1367.

Note: The purchaser will ensure the SPOC receives a copy of the shipping paperwork at time of removal to validate the shipping destination is the authorized destination listed in the purchaser’s SOI.

A.6 Inspection:

Monday-Friday 8:00AM-2:00PM Atlantic Standard Time (AST) 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. 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.

Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment

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 AHB as part of the pre-award process.

B.2 FAR Clause 52.204-25:

FAR Clause 52.204-25 is applicable.

FAR Clause 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.

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.

Note: The following SBR Parts have been amended to: DRMS Form 1427 has been redesignated as DLA Form 2541.

- Part 1, Paragraph 4

- Part 2, Paragraph 29

- Part 7, Article U

C.1 SBR Part 1:

General Information and Instructions: All conditions apply except: 2, 5, 8, 12

C.2 SBR Part 2:

Sale of Government Property General Sale Terms and Conditions: All conditions apply except: 12, 13(c), 19, 25, 28, 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: A, E, F, G, H, I, L

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

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 Government 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) 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 (5) decimal places (example 0.01005). Minimum bid is .00001 per unit of issue. Multiply your bid price by the quantity indicated in the “Bid 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. “Total Priced Bid” on Example 1 shows Bidder A’s total bid price per CLIN. Example 2 shows Bidder A’s “Total Amount”, which equals $1000, and is the total of all CLINs.

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

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

Example 1: SF114A

Example 2: SF114

D.4 A Responsive Bid:

Bids must be in the possession of the Government’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

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

D.5 When to Send Bid:

Bids must be in the possession of the Government’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.

Late bids are handled in accordance with the Federal Management Regulation (FMR) public sales provisions at 32 CFR § 273.15 (10) Bid evaluation, (ii), Late bids. The selling Government will consider late bids for award if the bid was delivered in a timely fashion to the address specified in the sales offering but did not reach the official designated to accept the bid by the bid opening time due to a government delay.

The selling agency representative may consider late bid modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.

D.6 How to Modify/Cancel Bid:

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

D.7 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 Government’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 Government intends to award one contract to a 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 AHB for the CLIN.

D.8 Ineligible Bidder:

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

Indebted to the U.S. Government 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.9 Pre-Award Survey:

The Government will conduct a pre-award survey of only the AHB. The SCO will provide notification that you are the AHB, and 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 AHB 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.9.1 Environmental Responsibility Determination (ERD):

The Environmental Support Branch of the Government conducts an ERD on sale destinations to verify if the DoD purchased property will be managed in accordance with the IFB, SOI, Federal, State, and local regulations. List all downstream facilities receiving Government property to be processed in the SOI. Do not list downstream recipients of processed property.

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:

- Industrial Stormwater Permit for processors of scrap/waste tires

Puerto Rico requires scrap/waste tire recycling facilities to obtain coverage under the EPA's Multi- Sector General Permit (MSGP) for Discharges of Stormwater Associated with Industrial Activity.

https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-epas-2021-msgp

If the initial and/or downstream processing of property will occur outside of the United States Territory of Puerto Rico, the Purchaser is responsible for understanding and ensuring compliance with the regulatory requirements of that State. The Purchaser is responsible for providing copies of the required permits, licenses, and registrations for the processing facilities in accordance with State requirements for that location.

DLA Environmental Support Branch may perform a cursory review of transporter based on the type of material(s) included as a part of the sale. Certain commodities may require special licensing or permitting for transport based on state regulations. The AHB will be responsible for ensuring the transporters meet those regulations.

ERDs typically take 10 business days to complete. Any findings annotated by the Government during an ERD must be corrected prior to a proposed destination/facility’s use. Purchasers are not authorized to process Government material at a site other than those listed on the SOI.

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

The Purchaser represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the SOI submitted and approved by the SCO.

D.9.2 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.10 Necessary Licenses, Permits and Certifications Shall be Reviewed:

Prior to the award of a contract, the Government 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 subcontractor) to perform the work specified in this contract and is capable of complying with the applicable federal, state and local laws, ordinances and regulations.

If at any point the Government 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.11 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.

Under 41 CFR § 102-38.90, the Agency will award the sales contract to the bidder with the highest responsive bid, unless a determination is made to reject the bid.

When you have successfully completed the pre-award assessment as the AHB, 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.12 Start of Work Meeting:

The purpose of the meeting is to ensure the Purchaser fully understands the terms and conditions of this contract. The Government 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 Government 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 Government 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 Government as seller to the Purchaser. Purchaser and the Government 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 Government and the Purchaser.

Parties to the Contract: The parties to this contract are the Government and the Purchaser.

E.4 Authority of Sales Contracting Officer (SCO):

On behalf of the Government, the SCO has the authority to represent the Government and to commit the Government 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 Government for all purposes under this contract is the SCO, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to the Government 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 Government.

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 Government shall retain the prepayment until the completion of the contract closure period that will be initiated 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 Government may have against the Purchaser. The Government 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 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 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. See SBR Part 5, paragraph D, Liability and Insurance.

G CONTRACT PERFORMANCE

G.1 Performance Period:

The Purchaser shall have three (3) year base period to remove the material specified in this IFB. The SCO has the discretion to exercise an additional two (2) option periods of one (1) year each. The contract contains an available six

(6) month extension period that may be offered at the Government’s discretion at the end of three (3) year base period or after each option period, under the same corresponding terms and conditions of the contract. The extension may be utilized in 30-day increments, a combination of 30-day increments, or in its entirety. 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.

Be advised the Option period in this IFB have their own defined minimum/maximum quantities listed below. If a 1 Year Option period is exercised, the minimum and maximum quantities applicable to each 1 Year Option period is as follows:

Item Material Minimum

Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

10 (ea. 1 Year Option) DS000G01A 30,000 300,000

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

Item Material Minimum

Guaranteed

QTY (LBS.)

Maximum Allowed

QTY (LBS.)

10 (ea. 30-day extension) DS000G01A 3,000 30,000

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 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 subcontractors 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 strictly disposal of the scrap rubber (and rims if include) 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.

Acceptable forms of payment include Electronic Fund Transfer (EFT), Bank Account (ACH), or credit card (Master Card, Visa, Discover Card, and/or American Express).

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 transactions to $24,999.99. Transactions greater than $24,999.99 cannot be split into two (2) or more credit card transactions.

Checks or other paper financial instruments such as personal checks, money orders, cashier’s checks, travelers checks, or bank drafts will not be accepted as a form of payment.

Credit Card and Bank Account (ACH) payments within the United States can be made using the website at:

https://www.pay.gov/public/form/start/25176217

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/public/form/start/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 Government. 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 covering the last 12 months. The point of contact for this debt is the SCO 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 Government has established field locations and other receipt-in-place locations to meet the needs of our customers. The Government 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 Government 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 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 Government’s Site Lead and the SCO of the discovery. The Purchaser shall submit a SF364 ROD The Government 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, should MPPEH 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 Government’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.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 Government’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 Waste:

Performance of this contract does not require nor authorize the Purchaser to handle Hazardous Waste (HW). Despite all best efforts by the Government, should HW be discovered after receipt, the Purchaser shall immediately take the necessary action for protection of personnel and property. The Purchaser will immediately contact the SPOC and SCO. Purchaser must provide analytical showing property to be a HW. SCO will provide a list of approved TSDF facilities in the area and direct the Purchaser to transport the HW to the approved TSDF for disposal. Purchaser will create a HW manifest and list the generating DOD Installation as the generator on the HW manifest that is destined to the authorized disposal TSDF. The generating DOD Installation will sign as the generator on the HW manifest or authorize in writing that the recycling facility of purchaser can sign the manifest on behalf of the generator. Purchaser will adhere to all Federal, State, and local regulations regarding the transport and disposal of

HW.

Purchaser will submit an SF364 ROD to SCO within three (3) business days after disposal. Purchaser can submit a request for equitable adjustment (REA) for reimbursement of costs associated with transport and disposal of HW. Purchaser must provide documentation/receipts for items requested for reimbursement (a copy of the return HW manifest, disposal fees, etc.). SCO will review and make a final decision within 30 business days of REA.

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 Government’s Site Lead and the SCO of the discovery immediately. The Purchaser shall notify the Government’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 Government has no control over the Demilitarization coding of individual items or commodity streams. The Government’s customers determine material for turn-in. The Government 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 5% of the total SCL weight per removal. Amounts in excess of 5% will be 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 Government 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 Government will serve written notice upon such material breach. The Government 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 Government 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 any applicable insurance or surety policy.

Seek appointment of a receiver or trustee for Purchaser.

Seek monetary damages, restitution or any other legal or…