PRESOL | 20 | SCRAP METAL SALE (Scrap Metal, Mixed Metal Ferrous & Non Ferrous, and Plastic) - Package #1

FBO DAILY ISSUE OF JUNE 29, 2008 FBO #2407
SOLICITATION NOTICE

20 -- SCRAP METAL SALE (Scrap Metal, Mixed Metal Ferrous & Non Ferrous, and Plastic) - Package #1

Notice Date: 6/27/2008
Notice Type: Sale of Surplus Property
NAICS: 331491 — Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, and Extruding
Contracting Office: General Services Administration, Federal Supply Service (FSS), Personal Property Sales (9FBP), 4th Floor West, 450 Golden Gate Avenue, San Francisco, California, 94102-3434
ZIP Code: 94102-3434
Solicitation Number: 91QSCS08003TC
Response Due: 7/17/2008
Archive Date: 7/18/2008
Point of Contact: Janice Reed,, Phone: 415-522-2897
E-Mail Address: janice.reed@gsa.gov
Small Business Set-Aside: N/A
Description: Sale OF SCRAP METAL Sealed Bid Sale No.: 91QSCS-08-003TC Bid Opening:THURSDAY, JULY 17, 1:00 P.M. GSA General Services Administration Federal Acquisition Service SUPPLEMENTAL GENERAL INFORMATION AND INSTRUCTIONS 1.Sale Date and Time:THURSDAY, JULY 17, 2008 – 1:00 P.M. 2.Place:SEE BELOW, BIDS DELIVERED TO: 3.Inspection Date and Time:N/A 4.Bid Deposit: See Standard Form 114, Bid and Award Page. 5.Submission of Bid: The “Bid” Section of SF 114 of this Invitation for Bid must be completely filled out. If the bidder is a corporation or a partnership, the full name of the firm, the signature of the person authorized to sign, and his full title must be shown. The envelope containing bids must be sealed and will be marked in the upper left corner with the name and address of bidder and in the lower left corner with the sale number and bid opening date and time. Prepare envelope as indicated below. Name (same as on Bid form) Address of Bidder (Zip Code) Bid – Sale No.91QSCI-08-003TC Opening Date:THURSDAY, JULY 17, 2008 – 1:00 P.M. Bids Should Be: Mailed to: US GENERAL SERVICES ADMINISTRATION FAS PROPERTY MANAGEMENT DIVISION ATTENTION: JANICE REED, SCO BID ROOM, 4TH FLOOR WEST 450 GOLDEN GATE AVENUE (9QSCC) SAN FRANCISCO, CA 94102-3434 OR Delivered to: US GENERAL SERVICES ADMINISTRATION FAS PROPERTY MANAGEMENT DIVISION ATTENTION: JANICE REED, SCO BID ROOM, 4TH FLOOR WEST 450 GOLDEN GATE AVENUE (9QSCC) SAN FRANCISCO, CA 94102-3434 6.Telegraphic Modifications of Bids: Telegraphic modification of bids must be received prior to the time set for bid opening and are to be sent to: SAME AS ABOVE. 7.“No Bid” Responses: “No Bid” responses are not required to be submitted for this sale for a person or a firm to be eligible to continue to receive sales offerings. 8.Results of Sale: No information can be furnished as to the result of any item until: 7/17/08 - 1:00 P.M. After that date, information may be obtained from (sales office and telephone no.): (415) 522-2897. 9.Payments must be made in the form prescribed in condition No. 4, General Sale Term and Conditions and made payable to the General Services Administration. 10.Sales to Government employees: To the extend not prohibited by the regulations of an executive agency an employee of such agency (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) may be allowed to purchase Government personal property under procedures and safeguards which are adequate to preclude collusion and fraud. The term “employee” as used herein includes an agent or immediate member of the household or the employee. ITEM BID PAGESALE NO. 91QSCS-08-003TCPAGE 3 This bid page must be completed and returned if you bid. Insert the number and price bid for each item on which you are bidding. Return this page. This bid is subject to the General Sales Terms and Conditions (Standard Form 114C, April 2001 edition) including Special Sealed Bid Conditions and such other special terms and conditions identified as Special Sale Conditions which are all incorporated herein by reference. If the total bid exceeds $25,000, bidder agrees to furnish prior to award information as requested by GSA concerning its contingency fee arrangements, if any. See CFR, Title 41, Sec. 101-45.313.3. NOTE: Please bid in dollar amounts. In the event cents are reflected in the bid amount, bid will be accepted for dollar amount only. Cents will be disregarded ITEMLOT NO.DescriptionTotal Price Bid20% Bid DepositNO.DescriptionTotal Price Bid20% Bid DepositNO.. INSPECTION AND BID PERIOD INFORMATION INSPECTION BID OPENING A. DATE(S) EXCLUDING WEEKENDS)B. HOUR(S)A. DATEB. TIME BY APPOINTMENTBY APPOINTMENTJULY 17, 20081:00PM WARNING: All prospective bidders are provided the opportunity to perform a thorough inspection of any/all items offered on this sale; thus relying exclusively on their own findings and determination in developing their bid. Failure to inspect will not be considered a basis for cancellation of a contract; however, your failure to inspect may constitute the basis for the denial of a claim. It is the buyer’s responsibility to perform inspection inasmuch as the Government’s responsibility to offer an inspection period. Do not rely totally on individual item descriptions as they are basic. Deficiencies when known have been indicated in the item description; however absence of any indicated deficiency does not mean the item may not have any deficiencies. In accordance with Public Law No. 104-134, Section 31001, the Dept Collection Improvement Act of 1996, Tax Identification Number (TIN) must be provided by anyone conducting business with the Federal Government, from which a debt to the government may arise. NOTE: A TIN is defined as an individual’s Social Security Number (SSN) or business entity’s Employer Identification Number (EIN). By signing this bid page, bidder acknowledges having read “Payment”, “Removal” and “Default” clauses contained in the “General Information to Bidders” located elsewhere in this catalog. _____________________________________________________________________________________________________________________ BIDDER IS CAUTIONED TO INSPECT THE PROPERTY|UNSIGNED BIDS WILL BE CONSIDERED NON-_______________________________________________________|RESPONSIVE & WILL NOT BE ACCEPTED. Bidder ____ HAS ____ HAS NOT INSPECTED THE PROPERTY| Bidder ____ IS ____ IS NOT A SMALL BUSINESS|Signature of Person Authorized to Sign Bid DAYTIME TELEPHONE NO. (REQUIRED)| ( )|______________________________________________________________________ Bidder may request facsimile notification of award by providingSigner’s Name and Title (Type or Print) Fax number: ( ) | _____________________________________________________________|______________________________________________________________________ RETURN ALL BIDS TO:|Number and Street GSA FAS PMD SALES BRANCH (9QSCC)| 450 GOLDEN GATE AVE, 4TH FLOOR WEST| SAN FRANCISCO, CA 94102-3434|______________________________________________________________________ FAX: (415) 522-3019|City, State, and Zip Code|Daytime Telephone Number Required|| If you have any questions, please contact the Contracting Officer|| _____________________________________________________________|__________________________________ |__________________________________ BID MUST BE RECEIVED BY (DATE AND TIME)|SALES NUMBER AND BID OPENING DATE JULY 17, 2008, 1:00 P.M.|91QSCS-08-003TC JULY 17, 2008 |YOUR NAME AND ADDRESS Your Envelope MUST Show | (Including Zip Code) SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONSINVITATION FOR BIDS 91QSCS-08-003TC PAGE 4 1. INSPECTIONS. The Bidder is invited, urged, and cautioned to inspect the property prior to submitting a bid. Property will be available for inspection at the places and times specified in the Invitation. 2. CONDITIONS AND LOCATION OF PROPERTY. Unless otherwise provided in the Invitation, all property listed therein is offered for sale “as is” and “where is.” Unless otherwise provided in the Invitation, the Government makes no warranty, express or implied, as to the quantity, kind, character, quality, weight, size, or description of any of the property, or its fitness for any use or purpose. Except as provided in Conditions No. 12 and 14 or other special conditions of the Invitation, no request for adjustment in price or for rescission of the sale will be considered. This is not a sale by sample. 3. CONSIDERATION OF BIDS. (a) Unless otherwise provided in the Invitation, telegraphic or telephonic bids will not be considered. (b) The Bidder agrees that his/her bid will not be withdrawn within the period of time specified for the acceptance thereof following the opening of bids (60 calendar days if no period is specified by the Government or by the Bidder, but not less than 10 calendar days in any case) and that during such period his/her bid will remain firm and irrevocable. The Government reserves the right to reject any or all bids, including bids under which a Bidder would take unfair advantage of the Government or other Bidders, to waive any technical defects in bids, and unless otherwise specified by the Government or by the Bidder, to accept any one item or group of items in the bid, as may be in the best interest of the Government. Unless the Invitation otherwise provides, a bid covering any listed item must be submitted on the basis of the unit specified for that item and must cover the total number of units designated for that time. 4. FORMS OF BID DEPOSITS AND PAYMENTS. Unless otherwise provided in the Invitation, bid deposits (when required by the Invitation) and payments shall be in U.S. currency or any form of credit instruments other than promissory notes, made payable on demand in U.S. currency; Provided, That uncertified personal or business check must be first party instruments; Provided further, That if in connection with any prior sale, the Bidder or Purchaser tendered an uncertified personal or business check which was not paid by the drawee for any reason and the Bidder, Purchaser, and the Drawer of the Check were so notified in writing by selling agency, uncertified personal or business checks will not be acceptable form of bid deposit or payment. Bids submitted after the effective date specified in the written notification referred to which are not accompanied by the property bid deposit will be summarily rejected. 5. BID PRICE DETERMINATION. When bids are solicited on a unit price basis, Bidders will insert their unit prices and total prices in the space provided for each item. (a) In the event the Bidder inserts a total price on the item but fails to insert a unit price, the Government will determine the unit price by dividing the total price by the quantity of the item set out in the Invitation. The unit price so determined shall be used for the purpose of bid evaluation, award, and all phases of contract administration. (b) When bids are solicited on a “lot” basis, Bidders should submit a single total price in the Total Price Bid column of the bid sheet. Bidders should not make any entry in the Unit Price Bid column. In the event a Bidder submits a total bid price and also a unit bid price which are not identical, the unit bid price will not be considered. 6. PAYMENT. The Purchaser agrees to pay for property awarded to him/her in accordance with the prices quoted in his/her bid. Subject to any adjustment made pursuant to other provisions of this contract, payment of the full purchase price, after applying the total bid deposit, if any, must be made within the time specified in the Invitation and prior to delivery of any of the property. If an adjustment is made requiring additional payment, such payment must be made immediately upon notice of such adjustment. In the absence of any debts owed to the selling agency, where the total sum becoming due to the Government from the purchaser on a contract awarded to him/her under the Invitation is less than the total amount deposited with his/her bid, the difference will be promptly refunded and also, deposits accompanying bids which are not accepted will be promptly refunded to the Bidder. No refund or demands will be made for any amount less than one dollar ($1). 7. TITLE. Unless otherwise provided in the Invitation, title to the property sold hereunder shall vest in the Purchaser as and when removal is effected. On all motor vehicles and motor-propelled or motor-drawn equipment requiring licensing by a State motor vehicle regulator agency, a certificate of release, Standard Form 97, will be furnished for each vehicle and piece of equipment unless otherwise provided in the Invitation. 8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY. (a) Unless otherwise provided in the Invitation, the Purchaser shall be entitled to obtain the property upon full payment therefore with delivery being made only from the exact place where the property is located within the installation. The Purchaser must make all arrangements necessary for packing, removal, and transportation of property. The Government will not act as liaison in any fashion between the Purchaser and carrier, nor will the Government recommend a specific common carrier. Loading will only be performed as set forth in the Invitation, and unless otherwise provided in the Invitation, loading will not be performed on Saturdays, Sundays, Federal holidays, or any date that the installation where the property is located in closed. Where it is provided that the Government will load, the Government will make the initial placement of the property on conveyance(s) furnishing by the Purchaser and the initial placement of the Purchaser’s conveyance shall be as determined by the Government. Unless otherwise provided in the Invitation, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. (b) Where it is provided in the Invitation that the Government will not load or that the Purchaser will load, the Purchaser will make all arrangements and perform all work necessary to effect removal of the property. The Purchaser shall remove the property at his/her expense within the period of time allowed in the Invitation. If the Contracting Officer determines that the failure to remove the property within the SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONSINVITATION FOR BIDS 91QSCS-08-003TC PAGE 5 Period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Purchaser, such determination shall be reduced to writing, and a reasonable extension of time for removal shall be allowed. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and sever weather. If the Purchaser is permitted to remove the property after the expiration of the time originally allowed for removal or any additional time allowed by the Contracting Officer pursuant to this clause, the Government, without limiting any other rights which it may have, may require the Purchaser to pay a reasonable storage charge. The Purchaser shall reimburse the Government for any damage to Government property caused during the removal operations by the Purchaser or his/her authorized representative. (c) Items purchased under the Invitation will be release only to the Purchaser or his/her authorized representative. The authorized representative must furnish authorization form the Purchaser to the Custodian of the property location before any delivery of release will be made. When property is described as being boxed, packed, crated, skidded, or in containers, the Government does not warrant that the property, as packaged, is suitable for shipment. (d) Segregation, culling, or selection of property for the purpose of effecting partial or increment removals will not be permitted except as specifically authorized and prescribed by the Government. 9. DEFAULT. If, after the award, the Purchaser breaches the contract by failure to make payment within the time allowed by the contract as required by Condition No. 6, or by failure to remove the property as required by Condition No. 8, then the Government may send the purchaser a 15-day written notice of default (calculated from date of mailing), and upon Purchaser’s failure to cure such default within that period (or such further period as the Contracting Officer may allow) the Purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and as such property as to which a default has occurred. The Purchaser agrees that in the event he/she fails to pay for the property or remove the same within the prescribed period(s) of time, the Government shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the item(s) as to which the default has occurred, or (b) $25, or purchase price of such item(s) if the purchase price is less than $25: Provided, That in the event of multiple awards of items under a single Invitation for Bids, the amount to be charged, if the minimum charge provided for in (b) above is applicable, shall be determined by the total purchase price reflected in the award documents Provided further, That the maximum sum which may be recovered by the Government as damages for failure of the Purchaser to pay for and remove the property shall be the formula amount. The Government shall specifically apprise the Purchaser, either in its original notice of default (or in separate subsequent written notice), that upon the expiration of the periods prescribed for curing the default, the formula amount will be retained (or collected) by the Government as liquidated damages. However, if the property was sold on a “per lot” basis and the Purchaser removes a portion of the lot but fails to remove the balance, no portion of the purchase price will be refunded. If the Purchaser otherwise fails in the performance of his/her obligations, the Government may exercise such rights and may pursue such remedies as are provided by law or under the contract. Section 9 is revised. See page 19, 10. SETOFF OF REFUNDS. The Bidder or Purchaser agrees that the selling agency may use all or a portion of any bid deposit or refund due him/her to satisfy, in whole or in part, any debts arising out of prior transactions with the Government. 11. INTEREST. Notwithstanding any other provision of this contract, unless paid within 30 calendar days from the date of first written demand, all amounts that become payable by the Purchaser to the Government under this contract shall bear simple interest at the rate which has been established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), from the date of the first written demand until paid. 12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT. Unless otherwise provided in the Invitation, when property is sold by a unit other than “weight”, the Government reserves the right to vary the quantity tendered or delivered to the Purchaser by 10 percent; when the property is sold by “weight”, the Government reserves the right to vary the weight tendered or delivered to the Purchaser by 25 percent. The purchase price will be adjusted upward or downward in accordance with the unit price and on the basis of the quantity or weight actually delivered. Unless otherwise specifically provided in the Invitation, no adjustment for such variation will be made where property is sold on a “price for the lot” basis. 13. WEIGHING, SWITCHING, AND SPOTTING. Where weighing is necessary to determine the exact purchase price, the Purchaser shall arrange for and pay all expenses of weighing the property (unless Government scales are available on the premises). All switching and spotting charges shall be paid by the Purchaser unless such services are performed with Government-owned or Government-operated locomotives on Government property. When removal is by truck, weighing shall be under the supervision of the Government and at its option on: (a) Government scales, (b) certified scales, or (c) other scales acceptable to both parties. When removal is by rail, weighing shall be on railroad track scales, or by other means acceptable to the railroad for freight purposes. 14. RISK OF LOSS. Unless otherwise provided in the Invitation, the Government will be responsible for the care and protection of the property subsequent to it being available for inspection occurring during such removal. Any loss, damage, or destruction occurring during such period will be adjusted by the Contracting Officer to the extent it was not caused directly or indirectly by the Purchaser, its agents, or employees. At the discretion of the Contracting Officer, the adjustment may consist of rescission. With respect to losses only, in the event the property is offered for sale by the “lot,” no adjustment will be authorized under this provision unless the Government is notified of the loss prior to removal from the installation of any portion of the lot with respect to which the loss is claimed. 15. LIMITATION ON GOVERNMENT LIABILITY. Except for reasonable packing, loading, or transportation cost (such packing, loading, and transportation cost being SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONSINVITATION FOR BIDS 91QSCS-08-003TC PAGE 6 Recoverable only when a return of property at Government cost is specifically authorized in writing by the Contracting Officer) 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. 16. ORAL STATEMENT AND MODIFICATIONS. Any oral statement or representation by any representative of the Government, changing or supplementing the Invitation of contract of any Condition thereof, is unauthorized and shall confer no right upon the Bidder or Purchaser. Further, no Interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the Government unless furnished or agreed to, in writing, by the Contracting Officer or his/her designated representative. 17. CONVENAT AGAINST CONTINGENT FEES. (a) The Purchaser warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a Purchaser for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. “Bona fie employee,” as used in this clause, means a person employed by Purchaser and subject to the Purchaser’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor hold out as being able to obtain any Government contract or contracts through improper influence. “Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. “Improper Influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 18. OFFICIALS NOT TO BENEFIT. No member of or Delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation’s general benefit. 19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (A) The Purchaser certifies that – (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Purchaser or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Purchaser, directly or indirectly, to any other Purchaser or competitor before bid opening (in the case of a formally advertised solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Purchaser to include any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory – (1) Is the person in the Purchaser’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3); or (2)(i) Has been authorized, in writing, to act as agent for the principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (ii) As an Authorized agent, does certify that the principals have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above, and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the Purchaser deletes or modifies subparagraph (a)(2) above, the Purchaser must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 20. ASSIGNMENTS OF CONTRACTS. Any contract awarded under the Invitation is subject to the provision of 41 U.S.C. 15 which generally precludes assignment of such contract. 21. CLAIMS LIABILITY. The Bidder or Purchaser agrees to save the Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorneys’ fees arising out of claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, Illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including State, local and interstate bodies, in any manner caused by or contributed to by the Bidder or Purchaser, its agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control of the Bidder or Purchaser, its agents, servants or employees after the property has been removed from Government control. 22. WITHDRAWAL OF PROPERTY AFTER AWARD. The Government reserves the right to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists prior to actual removal of the property from Government control. In the event of a withdrawal under this condition, the Government shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price, as it may have received. SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONSINVITATION FOR BIDS 91QSCS-08-003TC PAGE 7 23. ELIGIBILITY OF BIDDERS. The Bidder warrants that he/she is not: (a) under 18 years of age; (b) an employee of an agency of the Federal Government (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) prohibited by the regulations of the agency from purchasing property sold hereunder; (c) an agent or immediate member of the household of the employee in (b), above. For breach of this warranty, the Government shall have the right to annul this contract without liability. 24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. It is the Bidder’s responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling possession, transportation, transfer, export, processing, manufacture, sale use or disposal of the property listed in the Invitation. Purchasers or users of this property are not excused from any violation of such laws or regulations Either because the United States in a party to this sale or has had any interest in the property at any time. 25. DEFINITIONS. As used herein, the following terms shall have the meaning set forth below: (a) “Telegraphic bid” and “telegraphic notice” include bids and notices by telegram or by mailgram. (b) “Contracting Officer” means the person accepting the bid in whole or in part on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and includes, except as otherwise provided in the contract, the authorized representative of the Contracting Officer acting within the limits of the representative’s authority. (c) A “small business concern” for the purpose of the sale of Government owned property is a concern which can qualify under the small business classification criteria reference in 13 CXFR 121.3-9. SALE OF GOVERNMENT PROPERTY SPECIAL SEALED BID – TERM CONDITIONSINVITATION FOR BIDS 91QSCS-08-003TC PAGE 8 A. BID DEPOSITS. All bids must be accompanied by a bid deposit which must be in the possession of the Contracting Officer by the time set for bid opening. Bid deposits shall be in the form prescribed in Condition No. 4, General Sale Terms and Conditions (Standard Form 114C). Unless otherwise provided in the Invitation, a bid deposit of 20% of the estimated total contract price is required on sales not exceeding one year; ales exceeding one year’s duration will require a bid deposit computer at 20% of the total price estimated for one year’s removal of property. Deposit Bond-Individual Invitation, Sale of Government Personal Property (Standard Form 150), or Deposit Bond-Annual, Sale of Government Personal Property (standard Form 151) are NOT acceptable as bid deposits. In accordance with Conditions No. 6 of the General Sale Terms and Conditions entitled “Payment” (Standard Form 114C), the 20% bid deposit submitted by the Purchaser will be retained by the Government and applied against the last delivery effected under the contract. At the option of the successful bidder, a Performance Bond (Standard Form 25) may be substituted by the successful bidder for his/her bid deposit at any time after notification of award of the contract. Any bid which is not timely supported by a proper bid deposit may be rejected as nonresponsive. Any bid deposit received after bid opening will be considered in the same manner as late bids. B. MODIFICATION OR WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by written or telegraphic notice and a bid also may be withdrawn in person by a bidder or his/her authorized representative, provided his/her identity is made known and he/she signs a receipt for the bid. Any bid modification which increases the amount of a bid already submitted or which submits bids on items not previously bid on must provide for an increased bid deposit. C. CONSIDERATION OF LATE BIDS, MODIFICATIONS, OR WITHDRAWALS. Bids and modification or withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed (or telegraphed where authorized) and in fact delivered to the address specified in the Invitation for Bids in sufficient time to have been received by the Contracting Officer by the time and date set forth in the Invitation for the bid opening, and, except for delay attributable to personnel of the sales Office or their designees, would have been received on time in no event will hand-carried bids or withdrawals be considered if delivered to the Contracting Officer after the exact time and date set for bid opening. However, a modification which makes the terms or the otherwise successful bid more favorable to the Government will be considered at any time it is received prior to award and may be accepted. D. ADJUSTMENT FOR VARIATION IN QUANITITY OR WEIGHT. Condition No. 12, General Sale Terms and Conditions (Standard Form 114C) is modified to authorize the Government to vary the quantity or weight delivered by 50% from the quantity or weight listed in the Invitation. E. TERMINATION. Unless otherwise provided in the Invitation, this contract may be terminated by either party without cost to the Government upon 30 days’ written notice to the other, to be calculated from the date the notice is mailed. F. FAILURE TO PERFORM. In the event the Purchaser fails to make payment as required by Condition No. 6, General Sale Terms and Conditions (Standard Form 114C), or fails to remove the property as required by Condition No. 8, General Sale Terms and Conditions, and fails to cure the default within the time allowed by the notice given in accordance with Condition No. 9, General Sale Terms and Conditions, the Purchaser will lose all right, title and interest which he/she might otherwise have acquired in and to the property as to which the default occurred and said Condition No. 9, is modified to provide that the Government shall be entitled to retain or collect as liquidated damages a sum equal to 20% of the contract price for the quantity estimated to be generated within a 30-day period. G. AWARD OF CONTRACT. The contract will be awarded to that responsible Bidder whose bid conforming to the Invitation will be most advantageous to the Government, price and other factors considered. A written award mailed (or otherwise furnished to the successful Bidder within the time for acceptance provided in the Invitation shall be deemed to result in a binding contract without any further action by either party. General Information to Bidders 91QSCS-08-003TC SCOPE OF CONTRACT This invitation is for bidders who wish to submit bids for the purchase of accumulations of surplus personal property consisting of ferrous and non-ferrous scrap metal, stainless steel and miscellaneous scrap products, from Government owned and/or operated premises and other locations as designated by the Contracting Officer within the areas, offered in this invitation during the time period of July 24, 2008, or date of Award through July 23, 2009, with a one year option to extend. Award under this contract does not grant the successful bidder rights to all scrap metal products that are generated in the award location. Estimated quantities of the offered scrap metal are based on the best available information to the Government at the time of issuance of this invitation. The Government does not guarantee, in writing or by implication, these estimated tonnages and payment will be made on the actual weight delivered. SPECIAL SALE TERMS AND CONDITIONS 1.DETERMINATION OF BIDDER RESPONSIBILITY To be considered for award, the bidder must be regularly engaged in the scrap removal or scrap recycling business, or if newly entering the field, he/she must furnish evidence that all necessary prior arrangements (written commitments) for supplies, equipment, and personnel have been made. The bidder’s facilities, equipment, financial responsibility, and record of performance, including those of contemplated subcontractors, will be subject to pre-award inspection. The bidder may be rejected as non-responsible if it is determined that the bidder fails to meet minimum standards for responsible prospective contractors contained in 48 CFR 9.104-1. The bidder must make arrangements to pay promptly all amounts administratively found to be due the United States Government arising out of his prior purchase of surplus personal property. Failure to pay any such amount upon demand will be cause for rejection to all future bids until such time as the debt is paid. 2.INSTRUCTIONS TO BIDDERS Bids shall be prepared on the forms provided by the Government and strict compliance is necessary with the requirements of the invitation. Bidders are expected to examine all the terms and instructions prescribed herein, evaluate the facilities and all other local conditions and contingencies, and investigate removal requirements. Failure to do so will be at the risk of the bidder. Each bidder shall furnish the information required by the invitation. Each bid must include the full business address of the bidder and be signed by the bidder with his usual signature. Bids by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the name of the corporation followed by the signature and designation of the person authorized to sign the bid. The names of all persons signing also must be typed or printed below the signature. When requested by the Government, satisfactory evidence of the authority of the officer signing in behalf of the party submitting the bid shall be furnished. 3.METHOD OF AWARD The contract will be awarded to that responsible bidder whose bid conforming to the invitation will be most advantageous to the Government, price and other price related factors considered. Award will be made by individual item number of the highest figure per pound or ton received for that item number. A written Notice of Award will be mailed, or otherwise furnished, to the successful bidder within the time for acceptance and will result in a binding contract without any further action by either party. 4.CONTRACT ADMINISTRATION AND RESPONSIBILITIES OF USING AGENCY (a) GSA Responsibilities: The Contracting Officer, Janice Reed (415) 522-2897, or a representative shall be responsible for the overall administration of this contract. Specifically, GSA shall: (1) Serve as liaison, between the Contractor and using activities, 2) Assist in resolving any issues that arise with regard to Contractor performance, (3) Assist in expediting orders when required, (4) Ensure compliance with the contract requirements, (5) Terminate the contract when warranted, (6)Send monthly Contractor amounts due to Finance. (7) Inspect and accept or reject contents of contractor’s containers prior to removal. (b) Using Agency Responsibilities: Using agencies shall: (1) Contact the Contractor when items are ready for pick-up, (2) Provide Contracting Officer with a photograph of contents of contractor’s container prior to removal. (3) Ensure no cable or wiring gets mixed in containers. (4) Ensure no hazardous or contaminated material such as PCB’s gets mixed in containers. Hazardous material does not fall under the category of contaminated material. (5) Separate items such as pumps, generators, motors, brass scrap fittings, computers, electrical items, rope, cable, wiring etc., which will be offered for sale on gsaauctions.gov Internet Auction, from scrap metal. (6) Inspect and accept or reject the services performed, (7) Advise the Contracting Officer of any problems, (8) Email photographs of the accumulated property listed on the Scrap Delivery Order Tickets to the Contracting Officer at, Janice.reed@gsa.gov or General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102. (9) Allow GSA employee to inspect and accept or reject contents of contractor’s containers prior to removal. 5.METHOD OF ESTABLISHING MONTHLY BILLING CHARGE A billing charge shall be determined each month for each item number of scrap metal picked up during that month by multiplying the figure bid per pound or ton, as taken from the successful bidder’s bid page, by the number of pounds or tons removed. ADJUSTMENTS FOR BILLINGS The contractor has 30 days from the date of this billing invoice to claim any adjustments on his/her bill. A written letter, along with a copy of the invoice, delivery ticket, and weight ticket should be forwarded to General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor West, 450 Golden Gate Avenue, San Francisco, CA 94102. After 30 days from the billing date of the invoice, no claim will be valid. 6.BID DEPOSIT Article 4 of the SF 114C is deleted and the following is substituted: Each bid must be accompanied by a bid deposit in an amount not less than 20% of the total bid, which must be in the possession of the Contracting Officer by the time set for bid opening. Bid deposits shall be in the form of money orders, traveler’s checks, cashier’s checks, or company checks. Company checks must be accompanied by an informal bank letter guaranteeing payment for a period of 30 days after the bid opening date. Deposits of unsuccessful bidders will be returned when award is made. Deposits of the successful bidder will be returned when his/her performance bond is received by the Government (see paragraph 7, Performance Bond). Deposits of successful bidders may be forfeited if the performance bond is not received within the required period of time. Any bid which is not accompanied by the required bid deposit received after the bid opening will be considered in the same manner as late bids. 7.PERFORMANCE BOND Article A of the SF 114C is deleted and the following is substituted: Within ten (10) days after receiving written Notice of Award, the successful bidder shall furnish a bond on U.S. Standard Form No. 25, for the faithful performance of the contract. The bond amount shall be $1,000 for each item. In the event two or more items are awarded to the successful bidder, the amount of the performance bond shall be the aggregate amount of the performance bonds for each individual item. Such bond shall remain in full force and effect until 120 days after the final date of the contract period. The successful bidder may not be permitted to begin performance until such time as the bond has been received. Cashier’s checks may be submitted instead of the Standard Form 25. The successful bidder may forfeit the bid deposit and lose all rights and privileges to the items awarded if the performance bond and insurance documentation (see paragraph 19 on insurance) are not received within ten days after notice of award. ITEM NO./BOND AMT. 1. $1,000.00 2. $1,000.00 3. $1,000.00 4. $1,000.00 8.MODIFICATION OR WITHDRAWAL OF BIDS Bids may be modified or withdrawn by facsimile (215-446-5117) anytime before the date set for bid opening. A bid may also be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid. 9.CONSIDERATION OF LATE BIDS, MODIFICATIONS, OR WITHDRAWALS All bids, modifications, and withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed or faxed and in fact delivered to the address specified herein in sufficient time to have been received by the Contracting Officer by the time and date set forth herein for the bid opening, and, except for delay attributed to personnel of the Property Management Division or their designees, would have been received on time. In no event will hand-carried bids, modifications, or withdrawals be considered if delivered to the Contracting Officer after the exact time and date set for bid opening. Faxed bids will be considered on (415) 522-3019. 10. CONDITION OF PROPERTY Article 2 of the SF 114C is deleted and the following is substituted therefore: All property listed herein is offered for sale and without recourse against the Government except that the contractor shall not be obligated to accept any property which does not qualify for the grade nominated, as determined by the Contracting Officer. 11.TITLE Article 7 of the SF 114C is deleted and the following is substituted therefore: Title to the property sold hereunder shall vest in the contractor as and when removal is effected and payment is received. 12.REMOVAL OF PROPERTY Article 8 of the SF 114C is deleted and the following is substituted therefore: The contractor shall have 48 hours to remove the property after notification by the Government. Removal of the property shall take place during the normal operating hours of the agency from which the property is being removed, unless stipulated in writing by the Contracting Officer in this invitation for bid, or otherwise, except Saturdays, Sundays, or legal Federal Holidays. The contractor must use “SCRAP DELIVERY ORDER” forms, R3-1784, as prescribed in the clause entitled “Weighing”. The contractor shall accomplish removal within the prescribed time period and furnish all necessary labor, materials and transportation for removal. The contractor must also provide a container to be left at the Government facility for accumulations to be deposited. In selecting the container size, the contractor should use its discretion, based on the particulars of the location and best commercial practices. Contractor shall paint in white paint “Scrap Metal Only” on all four sides of the container. The property shall be secured in such a manner to prevent it from dropping off the conveyance while being transported. The contractor shall leave the area in a clean and orderly condition and shall reimburse the Government for any damage to Government property caused by the removal operations of the contractor and his agents. If the contractor refuses or fails to comply with the terms of the contract, the Government may: (a)by written notice to the contractor, terminate his right to proceed with the contract or each part of the contract as to which there has been a delay; (b)have the unfulfilled portion of the contract performed by contract or otherwise, and the contractor and surety shall be liable to the Government for any loss occasioned the Government thereby; (c)deliver the property by Government truck or otherwise to the contractor store yard nearest the location of the accumulation or to any railroad siding. In the event, the contractor will be charged at a rate of $75.00 per hour per truck used for such deliveries in addition to the price of the property so delivered. The Government representative shall have any quantity of materials available for the contractor that impacts Government storage space. No minimum or maximum quantities are implied or stated. The contractor does not have the option of picking up larger or lesser weights than what is contained in the property list from GSA. All items cannot necessarily be accessed from a loading dock. The contractor must be prepared to load material out of any appropriate exit area. 13.REJECTION OF PROPERTY In the event that the contractor refuses to accept and pickup an accumulation of property, or claims an adjustment is necessary after pickup regarding such an accumulation, on the basis that the accumulation does not properly qualify for the grade nominated, the Contracting Officer shall be notified immediately by telephone, followed by a letter of confirmation within two (2) working days of this rejection or claimed adjustment. The Contracting Officer shall provide for inspection by the Government and, in the absence of agreement between the Government and the contractor, shall make a decision as to the quality and grade. In the event that the Contracting Officer agrees that the accumulation does not properly qualify for the grade nominated, the reasonable cost of removing as agreed between the Government and the contractor, and in the absence of agreement, as decided by the Contracting Officer, will be deducted from the amount due to the Government by the contractor. Decisions of the Contracting Officer made pursuant to this clause shall be subject to Article 19 (Disputes) of the SF 114C. If the contractor fails to notify the Contracting Officer of any accumulation of scrap metal that does not qualify for the grade nominated and removes the property, the contractor will be billed for the grade previously nominated. No changes will be made on the scrap delivery order after removal by the contractor from the Government facility. 14.DISPUTES Article 9 of the Standard Form 114C, is deleted and the following substituted: (a)This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601, et. seq.). If a dispute arises relating to the contract, the contractor may submit a claim to the Contracting Officer who shall issue a written decision in accordance with regulations. (b)“CLAIM” means: A written request submitted to the Contracting Officer; for payment of money, adjustment of contract terms or other relief; which is in dispute or remains unresolved after a reasonable time for its review and disposition by the Government; and for which a Contracting Officer’s decision is demanded. (c)In the case of disputed requests or amendments to such requests for payment exceeding $50,000, or with any amendment causing the total request in dispute to exceed $50,000, the contract shall certify: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.” __________________________________________________ (CONTRACTOR’S NAME) __________________________________________________ (TITLE) (d)(1) The Government shall pay the contractor interest: on the amount found due on claims submitted under this clause; (2) at the rates fixed by the Secretary of the Treasury, under the Renegotiation Act, Public Law 92-41; (3) from the date the Contracting Officer receives that claim, until the Government makes payment. (e)The decision of the Contracting Officer shall be final and conclusive and not subject to review any form, tribunal, or Government agency unless an appeal or action is timely commenced within the times specified by the Contract Disputes Act of 1978. (f)The Contractor shall proceed diligently with the performance of this contract, pending final resolution of any request for relief, claim, appeal or action related to the contract, and comply with any decision of the Contracting Officer. 15.WEIGHING Article 13 of the SF 114C is deleted and the following is substituted therefore: The contractor must weigh the property within a maximum of 24 hours after pickup on any day of the week except weekends and legal Federal holidays. The weighing of the property removed by the contractor under this contract shall be performed on Government scales. If Government scales are not available, not used, or become unavailable for any reason, the contractor will arrange for and pay all expenses of weighing on certified scales or other scales acceptable to the Contracting Officer. Weighing may be performed at the Contractor’s Smelting facility. Certified weight tickets must be mailed by the Contractor directly to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102. Failure of the contractor to weigh a pickup on scales acceptable to the Contracting Officer will result in a billing for the material picked up at the maximum gross weight of the vehicle utilized for pickup less the empty weight of the vehicle. A “SCRAP DELIVERY ORDER” form, furnished by the Government shall be completed in quadruplicate for each truckload of property picked up. The contractor shall indicate on the SCRAP DELIVERY ORDER, the contractor’s name, contract number, item number, truck number, date, and to pickup location(s). All trucks will be weighed empty enroute to ship docks where pickups are to be made with the exception that those trucks used by the contractor to make regular pickups need only be weighed empty on the first day of each month. When the trucks are weighed, the tare weight will be filled in on the scrap delivery order by the weight master. The Government representative at the pick up location will enter on the SCRAP DELIVERY ORDER that grade (by item number) of the property removed and will sign the order. Upon receiving the property, the contractor will sign all the copies of the scrap delivery order and leave two copies with the Government’s representative. The Government representative for the using agency will submit copy (3) of the signed SCRAP DELIVERY ORDER to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102 after they receive the weight information from the contractor and will retain copy (4) for their own records. If the contractor does not provide weight information to the Government representative in a timely matter, the Government representative should still forward copy (3) to: or General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102 where the contracting officer will attempt to get the weight information. The original copy (1) and remaining copy (2) of the SCRAP DELIVERY ORDER will be taken by the contractor with the loaded truck to the scales. The weight master will note or stamp the date and hour of weighing and will sign the order. The contractor will notify the Government representative at the location of the pickup of the weight of the pickup. The contractor will send the original of the scrap delivery order to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102 within five days from the date of each pick up and will retain the remaining copy of the same for his records. THE INFORMATION ON EACH SCRAP DELIVERY ORDER MUST BE COMPLETE TO INSURE PROPER BILLING. If the contractor makes a pick up and fails to return the original SCRAP DELIVERY ORDER to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102, or loses the order, this will result in a billing for the highest grade item under this contract at the maximum gross weight for the largest vehicles used to make pick ups under the contract less the empty weight of the vehicle. 16.COLLECTION SCHEDULE AND UNSCHEDULED PICKUPS The Government prescribes each location from which the contractor is to remove accumulations of property, and may at any time change such schedule, add additional removal days, or require special removals, such location may be vacated or changed or other locations added and the actual accumulation may vary as to quality and/or quantity. The contractor may be called upon to make unscheduled pickups from any location in addition to those within the boundaries covered by this contract. Such pickups are to be made only upon call from the Government representatives to the Contracting Officer. 17.PAYMENT Article 6 of the SF 114C is deleted and the following is substituted, therefore: Billing: The Government representative will submit copy (3) of the signed SCRAP DELIVERY ORDER to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102-3434 within five days after they receive the weight information from the contractor and will retain copy (4) for their own records. The contractor will send the original (1) of the SCRAP DELIVERY ORDER to: General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102 within five days from the date of each pick up and will retain the remaining copy (2) of the same for his records. A billing will be made by the applicable GSA Accounting Center, Finance Division, for the net weight of property removed on or before the last day of each month during the term of this contract. The net weight per ticket will be determined by the following formula: Net Weight = Gross Weight - (Tare Weight + Container Weight) “Gross Weight”, as used in this clause, means the combined weight of the tare weight and the weight of the truck’s load. “Tare Weight”, as used in this clause, means the weight of the empty truck. “Container Weight”, as used in this clause, means the weight of any containers used to accommodate the property. Payment: Full payment must be made within ten calendar days from the date of billing and must be in the same form as described in paragraph 6, Bid Deposits. If full payment is not made within the days specified, interest will be charged in accordance with the quarterly percentage rate established by the Department of the Treasury reflecting the current value of funds to the Treasury. This rate is published quarterly in Treasury Bulletins. 18.DEFAULT Article 9 of the SF 114C is deleted and the following is substituted therefore: (a)The Government may, subject to the provisions of paragraph © below, by written notice of default to the contractor, terminate the whole or any part of this contract in any one of the following circumstances: (i)If the contractor fails to remove property within the time prescribed by the clause entitled “Removal of Property” or any extension thereof, or fails to make payment within the time required by the clause entitled “Payment”; or (ii)If the contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period often (10) working days or such longer period as the Contracting Officer specifies. (b)In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may sell the property covered by this contract to another purchaser and have the terminated portion of the contract performed by contract or otherwise, under such terms and in such manner as the Contracting Officer may deem appropriate. The contractor and surety shall be liable to the Government for any loss occasioned the Government by such termination. (c)Except with respect to defaults of subcontractors, the contractor shall not be liable for any such loss if the failure to perform the contract arises out of the causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of either the contractor or subcontractor, the contractor shall not be liable for any such loss unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the contractor to meet the removal or performance schedule. (d)If, after notice of termination of this contract under the provisions of this clause, it is determined for any reasons that the contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the clause entitled “Termination for the Convenience of the Government.” (e)The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (f)As used in paragraph © of this clause, the terms “subcontractor” and “subcontractors” mean subcontractor(s) at any tier. 19.TERMINATION FOR CONVENIENCE OF THE GOVERNMENT Article E of the SF 114C-2 is deleted and the following is substituted therefore: Upon 30 days’ written notice (to be calculated from the date the notice is mailed), the Contracting Officer may terminate this contract, in whole or in part, when it is in the best interest of the Government. Such termination shall be without cost or recourse to the Government. 20.INSURANCE The contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, insurance on vehicles used in the performance of the contract as provided below: Automobile Bodily Injury Liability Insurance with Limits of not less than $50,000 for each person $100,000 each accident, and property damage liability insurance, with limits of not less than $25,000 for each accident. Each policy of insurance shall contain an endorsement providing cancellation notice as follows: “It is understood and agreed that __________________Insurance Company shall notify, in writing, General Services Administration, FAS Property Management, Sales Branch (9QSCC) Attn: Janice Reed, 4th Floor west, 450 Golden Gate Avenue, San Francisco, CA 94102., thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy.” Within ten (10) days after execution of this contract, certified true copies of each policy, manually countersigned, endorsements thereto, shall be forwarded to the Property Management Division at the above address. Failure to comply with this request may result in termination of the contract(s) and forfeiture of the bid deposit. 21.LOST ARTICLES It is understood and agreed that any department or establishment of the Government shall have the right to require the contractor to make search of the property collected by him or any article or thing lost or supposed to have been lost. The reasonable cost, as determined by the Contracting Officer, for such search will be upon submission by the contractor of a properly itemized and duly certified bill in substantially the following form: This is to certify the actual expense incurred in search of property from (Agency) on___________, 20__, requested by___________________was $_____. (FIRM NAME) Subscribed and sworn to before me this________day of ______________ (Affix Notarial Seal) _________________________________ (NOTARY PUBLIC) 22.SUPERVISION AND IDENTIFICATION - EMPLOYEES The contractor in performing his function hereunder shall supervise, in such a manner as shall be approved by the Government the removal, transportation, weighing, and disposal of the property to insure compliance with the terms and conditions of this contract. In addition, the contract shall provide his employees with appropriate visual identification. 23.OPTION TO EXTEND THE TERM OF THE CONTRACT (a)The Government may extend the term of this contract by written notice to the contractor within the time specified below; provided that the Government shall give the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b)If the Government exercises this option, the extended contract shall be considered to include this option provision. (c)The total duration of this contract, including the exercise of any option under this clause, shall not exceed 24 months. (d)Pricing formulas in effect at the end of the 12th month shall remain unchanged during the period of the extension. 24.SERVICE OF PROTEST (FAR 52.233-2, NOV 1988) (a)Protests, as defined in section 33.101 of the Federal Acquisition Regulations, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the General Services Administration, Property Management Division, (3FBPS), P.O. Box 1618, Philadelphia, PA 19105-1618. (b)The copy of any protest shall be received in the office designated above on the same day a protest is filed with GSBCA or within one day of filing a protest with the GAO. 25.PROTEST AFTER AWARD (FAR 52.233-3, AUG 1989) (a)Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either: (1)Cancel the stop-work order or (2)Terminate the work covered by the order as provided in the Default (paragraph 18). (b)If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting officer shall make an equitable adjustment to the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if: (1)The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2)The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable cost resulting from the stop-work order. (e)The Government's rights to terminate this contract at any time are not affected by action taken under this clause. The Government’s right to recover against third parties for loss, destruction of, or damage to Government property and upon request of the Contracting Officer shall at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and execution of instruments of assignments in favor of the Government) in obtaining recovery. ADDITIONAL PRESENTATIONS AND CERTIFICATIONS 1.TYPE OF BUSINESS ORGANIZATION - SEALED BIDDING (FAR 52.214-2, JULY 1987) The bidder, by checking the applicable box, represents that: (a)It operates as: ( ) a corporation incorporated under the laws of the State of __________________,( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture; (b)If the bidder is a foreign entity, it operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation, registered for business in (insert country). 2.PARENT COMPANY AND IDENTIFYING DATA (DEVIATION FAR 52.214-8, APRIL 1984) (1)A “parent" company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the bidder. To own the bidding company means that the parent company must own more than 50% of the voting rights in that company. A company may control a bidder as a parent even though not meeting the requirement for such ownership if the parent company is able to formulate, determine, or veto basic policy decisions of the offer through the use of dominant minority voting rights, use of proxy voting, or otherwise. The bidder ( ) is, ( ) is not owned or controlled by a parent company. (2)If the bidder checked "is" above, it shall provide the following information: Name and Officer Address of Parent Company: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3.PLACE OF PERFORMANCE - SEALED BIDDING (FAR 52.214-14, APR 1984) (a)The bidder, in the performance of any contract resulting from this Invitation, ( ) intends, ( ) does not intend to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid. (b)If the bidder checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information: Place of performance (street address, city, county, state & zip code): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Names and address of owner and operator of the plant or facility if other than bidder: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4.AFFILIATED BIDDERS (FAR 52.214-17, APR 1984) (a)Business concerns are affiliates of each other when, either directly or indirectly: (1)One concern controls has the power to control the other; or (2)A third party controls or has the power to control both. (b)Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information: (1)The names and addresses of all affiliates of the bidder. (2)The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders, holding controlling interest, or otherwise. 5.SMALL BUSINESS CONCERN REPRESENTATION (DEVIATION FAR 52.219-1, FEBRUARY 1990) The bidder represents and certifies as part of its offer that it ( ), ( ) is not a small business concern. 6.WOMEN-OWNED SMALL BUSINESS REPRESENTATION (DEVIATION FAR 52.219-3, APRIL 1984) (a)Representation: The bidder represents that it ( ) is, ( ) is not a women-owned small business concern. (b)Definitions: "Small business concern", as used in this provision, means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operations in which it is bidding on Government contracts, and its total number of employees does not exceed 100. “Women-owned”, as used in this provision, means a small business that is at least 51% owned by a woman or women who are U.S. citizens and who also control and operate the business. 7.CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21, APRIL 1984) (a)"Segregated facilities", as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (b)By the submission of this offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. (c)The bidder further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will: (1)Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity Clause; (2)Retain the certifications in the files; and (3)Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES: A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity Clause. The certification may be submitted either for each subcontract semiannually, or annually. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 8.PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22,- APRIL 1984) The bidder represents that: (a)It ( ) has, ( ) has not participated in a previous contract or subcontract subject eight to the Equal Opportunity Clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114. (b)It ( ) has, ( ) has not filed all required compliance reports; and (c)Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. 9.EQUAL OPPORTUNITY (FAR 52.222-26, APRIL 1984) (a)If during any 12 month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b) (1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performance of this contract, the Contractor agrees as follows: (1)The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2)The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited-to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, layoff or termination, (v) rates of pay or other forms of compensation, and (vi) selection for training, including apprenticeship. (3)The contractor shall post in a conspicuous place available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4)The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5)The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers representative of the Contractors commitments under this clause, and post copies of the notice in conspicuous places, available to employees and applicants for employment. (6)The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7)The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor forms is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8)The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Officer of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor’s compliance with the applicable rules, regulations, and orders. (9)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulations, or order of the Secretary of Labor, this contract may be canceled terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10)The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11)The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any directions, the Contractor may request the United States to enter into the litigation to protect the interest of the United States. (c)Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 10.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEVIATION FAR 52.2095, MAY 1989) (1)The bidder certifies, to the best of his knowledge and belief, that: (i)The bidder and/or any of his principals: (A)( ) Are ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for award of contracts by any Federal agency; (B)( ) Have ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C)( ) Are ( ) are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a) (1)(i)(B) of this provision. (ii)The bidder ( ) has ( ) has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2)"Principals", for the purpose of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF ANY AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b)The bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) Certification that any of the items in paragraph (a) of this provision exists will not necessarily result in the withholding of an award under this Invitation. However, the certification will be considered in connection with a determination of the bidder’s responsibility. Failure of the bidder to furnish a certification or provide such additional information as requested by the Contracting Officer will render the bidder nonresponsible. (d)Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e)The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this Invitation for default. 11.PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEVIATION FAR 52.209-6, MAY 1989) (a)The Government suspends or debars Contractors to protect the Government's interests. Contractors shall, not enter into any subcontract equal to or in excess of $25,000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. If a Contractor intends to subcontract with a party that is debarred, suspended, or proposed for debarment (see FPMR 101-45.6 for information on the list of Parties Excluded from Nonprocurement Programs), a corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into such subcontract. The notice must include the following: (1)The name of the subcontractor, (2)The Contractors knowledge of the reasons for the subcontractor being on the list of Parties Excluded form Nonprocurement Program, (3)The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the list of Parties Excluded from Nonprocurement Programs, and (4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. 12.CONTACT FOR CONTRACT ADMINISTRATION - Bidders are requested to designate a person to be contracted for prompt contract administration. NAME__________________________________________________________________ TITLE_________________________________________________________________ ADDRESS_______________________________________________________________ TELEPHONE NO.______________________ FAX NO.______________________ 91QSCS-08-003TC LISTING OF SERVICE AREAS AND ITEM DESCRIPTIONS EST. YEARLY SERVICE AREAITEM NO. DESCRIPTION QUANTITY Alameda, CA,1 Scrap Metal,1 to 2 Tons (And areas not Mixed Metal, Exceeding 50 milesFerrous & from Alameda city Non Ferrous limits.and plastics. Long Beach, CA 2Scrap Metal,½ to 1 Ton (And areas notMixed Metal exceeding 50 milesFerrous & Non Ferrous, from Long Beachand plastics. city limits.) Tacoma, WA3Scrap Metal,½ to 1 Ton (And areas notMixed Metal exceeding 50 milesFerrous & from the TacomaNon Ferrous, city limits.)and plastics. Naval Air Station 4Scrap Metal,½ to 1 Ton San Diego, CA Mixed Metal (and areas 50 milesFerrous & from San Diego cityNon Ferrous, limits.)and plastics. 91QSCS-08-003TC PARTIAL LISTING OF SHIP/LOCATIONS SERVICED A. Alameda, CAITEM NO. DESCRIPTION Pacific Collector(Ship in Alameda)1Scrap Metal, Cape Girardeau / Cape Gibson(Ships in Alameda)Mixed Metal Pier 1 Alameda Point Ferrous & Alameda, California 94501Non Ferrous POC:Jerry Bellows (510) 337-5154and plastics Mike Streblow (510) 337-5084 Algol(Ship)1Scrap Metal, Pacific Tracker (Beaver State) (Ship)Mixed Metal Pier 2 Alameda PointFerrous & Alameda, California 94501Non Ferrous POC:Jerry Bellows (510) 337-5154and plastics Mike Streblow (510) 337-5084 Admiral Callaghan(Ship in Alameda)1Scrap Metal Cape Orlando (Ship in Alameda)Mixed Metal Gem State(Ship in Alameda)Ferrous & Keystone State (Ship in Alameda)Non Ferrous Grand Canyon State (Ship in Alameda)and plastics Pier 2 Alameda Point POC:Jerry Bellows (510) 337-5154 Mike Streblow (510) 337-5084 Cape Mohican (Ship)1Scrap Metal, Pier 3 Alameda PointMixed Metal Alameda, California 94501Ferrous & POC:Jerry Bellows (510) 337-5154Non Ferrous Mike Streblow (510) 337-5084and plastics Golden Bear(Ship)1Scrap Metal 300 Maritime Academy DriveMixed Metal Vallejo, California 94590 Ferrous & POC:Jerry Bellows (510) 337-5154Non Ferrous Mike Streblow (510) 337-5084and plastics Cape Henry(Ship)1Scrap Metal Pier 96Mixed Metal San Francisco, California 94107Ferrous & POC:Jerry Bellows (510) 337-5154Non Ferrous Mike Streblow (510) 337-5084and plastics Cape Horn (Ship)1Scrap Metal Cape HudsonMixed Metal Pier 50Ferrous & San Francisco, California 94107Non Ferrous POC:Jerry Bellows (510) 337-5154and plastics Mike Streblow (510) 337-5084 B. Long Beach, CA Cape Isabel / Cape Inscription (Ships)2Scrap Metal 2980 Nimitz Road, Pier TMixed Metal Long Beach, California 90802-1048Ferrous & POC: Pete Johnson Non Ferrous Telephone: (562)435-5294and plastics C. Tacoma, WA Cape Island / Cape Intrepid (Ships)3Scrap Metal 611 Schuster ParkwayMixed Metal Sperry Ocean DockFerrous & Tacoma, Washington 98402-5311Non Ferrous POC:Mike Kennedyand plastics Telephone: (253) 383-6066 D. San Diego, CA SS Curtiss(Ship)4Scrap Metal Pier 1 NorthMixed Metal 32nd Street NASFerrous & San Diego, California 92136Non Ferrous POC:Mark Harrisand plastics Telephone: (619) 556-4070
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Place of Performance: Address: US GENERAL SERVICES ADMINISTRATION, FAS PROPERTY MANAGEMENT DIVISION, BID ROOM, 4TH FLOOR WEST, 450 GOLDEN GATE AVENUE (9QSCC), SAN FRANCISCO, CA 94102-3434, SAN FRANCISCO, California, 94102, United States; Zip Code: 94102
Record: SN01602886-W 20080629/080627220409-488d17a98b19ee2400c8f75a5fe62c6d (fbodaily.com)
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20 -- SCRAP METAL SALE (Scrap Metal, Mixed Metal Ferrous & Non Ferrous, and Plastic) - Package #1