SOLICITATION NOTICE
13 -- Sale of approximately 70,000 pound deformed brass munitions. Please see attachments of term and conditions and statement of work.
- Notice Date
- 6/19/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423930
— Recyclable Material Merchant Wholesalers
- Contracting Office
- USPFO for Pennsylvania, Department of Veteran and Military Affairs, Annville, PA 17003-5003
- ZIP Code
- 17003-5003
- Solicitation Number
- W912KC-15-R-1009
- Response Due
- 7/20/2015
- Archive Date
- 8/19/2015
- Point of Contact
- Andrea Magee, 717-861-8658
- E-Mail Address
-
USPFO for Pennsylvania
(andrea.m.magee2.mil@mail.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Request for Proposals, Auction Number: W912KC-15-R-1009 Request for Proposals U.S. Federal Government Surplus Property Sale Auction date and time: Tuesday, 20 July 2015, 10:00 am Eastern Time Inspection: 29 June 2015 - 02 July 2015 7:30 am to 2:00 pm Eastern Time Property location: Building 25-26, ASP Fort Indiantown Gap, Annville, PA 17003 Sales contracting officer: 1LT Andrea M. Magee and SFC Brian C. Ray (717) 861-8658 and (717) 861-6871 Property to be sold: Proposal Deposit: Approximately 70,000 pounds of deformed brass casings from expended munitions. 20% of proposal must be submitted by winning offeror prior to removal of material. Acceptable forms of proposal deposit include certified check, money order and company check. Full payment is due: Within 14 calendar days of property removal Property must be removed: Within 10 calendar days of notification/approval SALE OF SURPLUS PROPERTY W912KC-15-R-1009 TERMS AND CONDITIONS The Pennsylvania Army National Guard (PAARNG) has approximately 70,000 lbs of deformed brass munitions contained within 34 tri-wall style boxes. Approximate dimensions of tri-wall boxes are 4'x4'x4'. Material has been deformed in accordance with DoD instruction 4715.4. Materials will be made available for review at Building #25-26, Fort Indiantown Gap, Annville, PA from 7:30 a.m. until 2:00 p.m. ET on June 29th through July 8th 2015 by contacting ASP Inspector, Mr. Michael Goss at (717) 861-2538 or michael.a.goss10.mil@mail.mil. A deposit is not required to submit a proposal; however, within five (5) calendar days of award, the successful contractor must provide an earnest money deposit of 20% of the total proposal price to the Contracting Officer before any material is authorized to be removed. The contractor may remove materials up to the value of this deposit. PAARNG reserves the right to retain the deposit until such time as all weight tickets have been received and the contractor has paid in full all invoices for all property removed. Interest will accrue on all late payments at the daily rate of 1.375% in accordance with 41 U.S.C. 611 (https://www.fms.treas.gov/prompt/index.html). In addition, an administrative fee may be charged to collect a delinquent payment. Material must be removed within 10 (ten) calendar days of notification of approval. The Ammunition Supply Point (ASP) manager shall oversee the loading of the material and shall annotate the total load weight. The Contractor shall weigh the material after leaving the site and shall provide copies of all weight tickets, along with a certification of the scales used. The government's and contractor's weights shall be compared and reconciled prior to final payment. The contractor shall provide payment in one of the accepted formats within 14 (fourteen) calendar days of award. Payment is to be made payable to USPFO for Pennsylvania; remittance shall indicate it is for the purchase of U.S. Government Property. Acceptable forms of payment include certified check, money order or company check. As stated, the material is stored in 34 tri-wall style box containers approximately 4'x4'x4' in size. The contractor is required to use a roll-off type trailer to safely load the product. The government does not possess equipment on site to load any other form of transportation. The contractor is responsible for providing replacement box containers. Proposals are to be submitted in pounds on the following form: SF114F. Proposals are due by 10:00 a.m. ET on Tuesday, July 20, 2015. Proposals may be delivered via US mail or email to 1LT Andrea Magee, andrea.m.magee2.mil@mail.mil and SFC Brian Ray, brian.c.ray2.mil@mail, Contract Specialists, USPFO-P&C, Building 0-48, Fort Indiantown Gap, Annville, PA 17003. All proposals shall be submitted to both 1LT Magee and SFC Ray. Any proposal not submitted to both points of contact may be deemed nonresponsive. Government reserves the right to refuse all proposals. Telephonic and faxed proposals will not be accepted. Any questions are to be directed to 1LT Andrea Magee at (717) 861-8658, or email at andrea.m.magee2.mil@mail.mil and SFC Brian Ray at (717) 861-6871, brian.c.ray2.mil@mail. Shipping information: 1. Material to be picked up at Fort Indiantown Gap, Annville, Pennsylvania within 10 (ten) calendar days of award. 2. Truck must be a roll-off type trailer. The Government is able to load a trailer that is no taller than 8' high. Contractor must provide similar replacement containers approximately 4'x4'x4' in size. 3. Material to be loaded by vendor on vendor's truck. Successful contractor is responsible for the supplies, materials, equipment, labor, transportation, and documentation for the sale of ESACCs on site. Removal will take place during normal operating hours of 7:30 a.m. and 3:30 p.m. except Mondays, Saturdays, Sundays and legal Federal holidays. The contractor will leave the area in a clean and orderly condition and will reimburse the Government for any damage to Government property caused by the removal operations of the contractor. Property must be well secured in such a manner to prevent it from dropping off the conveyance while being transported from Government property to public streets and highways. Financial Terms: 1.Contractor shall pay all freight costs. 2.Contractor is responsible for all shipping losses. 3.Any discrepancies must be resolved within 5 days of pickup. 4.Payment is due to USPFO within 14 calendar days of award. 5.Certified Check/Money Order shall be made payable to quote mark USPFO for Pennsylvania quote mark and sent to the following address: United States Property & Fiscal Office Pennsylvania Army National Guard Attn: 1LT Andrea Magee and SFC Brian Ray, Contract Specialists Building, Fort Indiantown Gap Annville, PA 17003 6. Acceptable forms of payment include certified check, money order, or company check only. NOTICE TO ALL OFFORERS CONDITION OF PROPERTY IS NOT WARRANTED BUYERS ARE CAUTIONED TO INSPECT PROPERTY BEFORE OFFERING BUYER WILL BE REQUIRED TO LOAD HIS OWN VEHICLE You are cautioned to offer only on the items you are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to you as the high offeror are contractually yours and must be paid for and removed within the time period allowed by this Request for Proposals. Failure to do so shall subject you to paying a default fee and you will be barred from future Government sales. The Government reserves the right to reject unacceptable proposals and reoffer the lots at a later time or during this sale. Other Special Terms and Conditions for this Sale Sale of Government Property General Sale Terms and Conditions 1. INSPECTION. Offerors are invited, urged, and cautioned to inspect the property prior to submitting a proposal. Property will be available for inspection at the place and times specified in this request. Failure to inspect the property does not relieve the offeror from any conditions of the sale. The property will be available for inspection from 29 June - 02 July 2015 from 7:30 am to 2:00 pm Eastern Time. Offerors are urged to inspect the property prior to submitting a proposal. 2.CONDITION AND LOCATION OF PROPERTY. All property listed herein is offered for sale quote mark as is quote mark and quote mark where is quote mark. The Government makes no warranty, express or implied, as to 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 Request, no request for adjustment in price or for rescission of the sale will be considered. The condition of the property is not warranted. This is not a sale by sample. 3.CONSIDERATION OF PROPOSALS. (a).Offerors agree that proposals will not be withdrawn within 30 calendar days following the opening of request for proposal and during such period requests for proposals will remain firm and irrevocable. The Government reserves the right to reject any or all proposals, including proposals under which a offeror would take unfair advantage of the Government or other Offerors, to waive any technical defects in proposals. And unless otherwise specified by the Government or by the Offeror, to accept any one item or group of items in the proposal, as may be in the best interest of the Government. Proposals must be submitted on the basis of the unit specified for the item and must cover the total number of units designated for that item. (b).Offerors shall be registered in the government System for Award Management (SAM) in order to be considered for award. Registration is available at www.sam.gov. Tax Identification Number (TIN) must be provided by anyone conducting business with the Federal Government, from which a debt to the Government may arise. Proposals will not be considered for award if the TIN is not provided. A TIN is defined as an individual's Social Security Number (SSN) or Business Entity's Employer Identification Number (EIN). Successful vendor will be required to provide their TIN to the Government before award. 4.FORMS OF DEPOSITS AND PAYMENTS. The only authorized forms of payments under this request are certified check, money order or company check. Deposit and payments shall be in U.S. currency. A deposit is not required to submit a proposal however, within five (5) calendar days of award notification; the successful contractor must provide an earnest money deposit of 20% of the total proposed price to the Contracting Officer. This deposit will be held for the duration of the project. The contractor may remove materials up to the value of the deposit. These loads must be paid for within fourteen (14) calendar days of removal and before additional loads are removed. The check, along with weight tickets, must be submitted to the Contracting Officer on the (7) seventh day. Payment is to be made payable to USPFO for Pennsylvania and remittance shall indicate it is for the payment of purchase of U.S. Government Property only. Forms of Payment: Acceptable forms of payment include certified check, money order or company check. 5.PROPOSAL DETERMINATION. When proposals are solicited on a unit price basis, Offerors shall insert their unit prices and total prices in the space provided for each item. (a)In the event the Offeror 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 Request for Proposal. The unit price so determined shall be used for the purpose of proposal evaluation, award, and all phases of contract administration. (b) When proposals are solicited on a quote mark lot quote mark bases, Offerors should submit a single total price in the Total Price Proposed column of the proposal sheet. Offerors should not make any entry in the Unit Proposal Price column. In the event an Offeror submits a total proposal price and also a unit proposal price which are not identical, the unit proposal price will not be considered. (c)Proposals are to be submitted by the pound. 6. PAYMENT. The contractor agrees to pay for property awarded in accordance with the prices quoted in the contractor's proposal. Subject to any adjustment made pursuant to other provisions of this contract, payment of the full purchase price, after applying the total deposit, must be made within the time specified in the Request. 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 contractor on a contract awarded under the request is less than the total amount deposited with the contractor's award, the difference will be promptly refunded. No refund or demands will be made for any amount less than one dollar ($1). Successful contractor is responsible for providing weight tickets. Weight tickets will be provided on the following day and prior to any subsequent loading. Vendor must certify accuracy of scales and all weights. Once removal is completed, weights will be tabulated; and payment in full will be due within 14 calendar days. 7. TITLE. Title to the property sold hereunder shall vest in the Contractor as and when removal is affected. 8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY. (a) With delivery being made only from the exact place where the property is located within the installation, the Contractor must make all arrangements necessary for packing, removal, and transportation of property. The Government will not act as liaison in any fashion between the Contractor and carrier, nor will the Government recommend a specific common carrier. Loading will not be performed on Mondays, Saturdays, Sundays, Federal holidays, or any day that the installation where the property is located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the property on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the Government. The Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Contractor. (b) The Contractor shall remove the property at its expense within the period of time allowed in the Request. If the Contracting Officer determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Contractor, such determination shall be put in 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 its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather. If the Contractor 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 Contractor to pay a reasonable storage charge. The Contractor shall reimburse the Government for any damage to Government property caused during removal operations by the Contractor or his authorized representative. (c) Items purchased under the Request will be released only to the Contractor or his authorized representative. The authorized representative must furnish authorization from the Contractor to the Custodian of the property location before any delivery or 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 award, the Contractor 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 Contractor a fifteen (15) calendar day written notice of default (calculated from date of mailing), and upon Contractor's failure to cure such default within that period, the Contractor shall lose all right, title, and interest which it might otherwise have acquired in and to such property as to which a default has occurred. The Contractor agrees that in the event it 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 the 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 Request for Proposals, 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 shall specifically apprise the Contractor, either in its original notice of default (or in separate subsequent written notice), that upon the expiration of the period 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 quote mark per lot quote mark basis and the Contractor removes a portion of the lot but fails to remove the balance, no portion of the purchase price will be refunded. If the Contractor otherwise fails in the performance of its obligations, the Government may exercise such rights and may pursue such remedies as are provided by law or under the contract. If property is not paid for and removed within the allotted time, the offeror will be in default and shall lose all right, title, and interest in the property. Offerors are cautioned to propose only on the items it is prepared to pay for and remove said items in accordance with the terms and conditions of this sale. All items awarded to the high offeror are contractually the offeror's responsibility and must be paid for and removed within the time period allowed by this Request for Proposal. Failure to do so shall subject the Offeror to paying a default fee and debarment from future Government sales. 10. SETOFF OF REFUNDS. The Offeror or Contractor agrees that the selling agency may use all or a portion of any deposit or refund due him to satisfy, in whole or in part, any debt arising out of prior transactions with the Government. 11. INTEREST. Notwithstanding any other provisions of this contract, unless paid within 30 calendar days from the date of first written demand, all amounts that become payable by the Contractor 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 first written demand until paid. 12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT. When property is sold by a unit other than quote mark weight quote mark, the Government reserves the right to vary the quantity tendered or delivered to the Contractor by 10 percent; when the property is sold by quote mark weight quote mark, the Government reserves the right to vary the weight tendered or delivered to the contractor 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 Request, no adjustment for such variation will be made where property is sold on a quote mark price for the lot quote mark basis. 13. WEIGHING, SWITCHING, AND SPOTTING. Where weighing is necessary to determine the exact purchase price, the Contractor shall arrange for and pay all expenses of weighing the 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. Note: Removal is to be by truck and Contractor is to have the brass weighed on certified scales with the weight tickets provided to the Government as verification of weight. 14. RISK OF LOSS. The Government will be responsible for the care and protection of the property subsequent to it being available for inspection and prior to its 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 Contractor, 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 quote mark lot, quote mark 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'S LIABILITY. Except for reasonable packing, loading, and transportation costs (such as packing, loading, and transportation costs being 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 Contractor has been established shall not exceed refund of such portion of the purchase price as the Government may have received. 16. ORAL STATEMENTS AND MODIFICATIONS. Any oral statement or representation by any representative of the Government, changing or supplementing the Request or contract or any Condition thereof, is unauthorized and shall confer no right upon the Offorer or Contractor. 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 designated representative. 17. COVENANT AGAINST CONTINGENT FEES. (a) The Contractor 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 contingency fee. (b) quote mark Bona Fide agency, quote mark as used in this clause, means an established commercial or selling agency, maintained by a Contractor 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. quote mark Bona Fide employee, quote mark as used in this clause, means a person, employed by Contractor and subject to the Contractor'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 holds out as being able to obtain any Government contract or contracts through improper influence. quote mark Contingent fee, quote mark 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. quote mark Improper influence, quote mark as used in this clause, means any influence that induces or tends to induce a Government employee or officer to consideration or to act regarding a Government contract on any basis other that 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 corporation's general benefit. 19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (a) The Contractor 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 Contractor 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 Contractor, directly or indirectly, to any other Contractor or competitor before proposal review (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 Contractor 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 Contractor's organization responsible for determining the prices being offered in this proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; 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 Contractor deletes or modifies subparagraph (a)(2) above, the Contractor 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 Request for Proposals is subject to the provisions of 41 U.S.C. 15 which generally precludes assignment of such contract. 21. CLAIMS LIABILITY. The Offeror or Contractor agrees to save the Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorney's 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 Offeror or Contractor, 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 Offeror or Contractor, 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. 23. ELIGIBILITY OF OFFERORS. (a)The Offeror warrants that he is not: (i) under 18 years of age; (ii) 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 that agency from purchasing property sold hereunder; (iii) an agent or immediate member of the household of the employee in (ii) above. Contractor must represent that they have no delinquent tax liability and have no felony convictions. For breach of this warranty, the Government shall have the right to annul this contract without liability. (b) 252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) a In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. b The Offeror represents that- (1) It is [ ] is not [X ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [X] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (c)Contractor employees who have access to official property disposal records are hereby prohibited from participating as offerors in this sale. The term employee as used includes an agent or immediate member of the household of the employee. All other Government employees and contractor employees are eligible to participate in this sale. (d)The public is invited to participate in this sale. The debarment or suspension of a offeror from the purchase of Federal personal property has Government wide effect and generally precludes any agency from entering into a contract for purchase of personal property with that offeror. The offeror warrants that he is not delinquent in the payment of any debt due the United States resulting from a prior purchase of surplus personal property. Any contract awarded to an individual or firm is voidable, at the option of the Government if, at the time of award the Contractor was proposed for debarment, has been debarred, suspended, or for any other reason is ineligible to receive a Government contract. (e)Vendors are required to register in the System for Award Management Registration (formerly Central Contractor Registration) before award is made. For additional information and to register go to https://www.sam.gov 24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. It is the Contractor'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 Request for Proposals. Contractors or users of this property are not excused from any violation of such laws or regulations either because the United States is 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) quote mark Telegraphic proposal quote mark and quote mark telegraphic notice quote mark include proposals and notices by telegram or by mailgram. (b) quote mark Contracting Officer quote mark means the person accepting the proposal in whole or in part on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of the representative's authority. (c) A quote mark small business concern quote mark for the purpose of the sale of Government-owned property is a concern which can qualify under the small business classification criteria referenced in 13 CFR 121.3-9. 26. CONTRACT DISPUTES. Any contract awarded under this sale is subject to the Contract Disputes Act of 1978, Public Law 95-563, as amended to include the Alternative Dispute Resolution Act (enacted Nov 15, 1990, Public Law 101-552) STATEMENT OF WORK 1. The purpose of this Statement Of Work (SOW) is to perform the sale of deformed Expended Small Arms Cartridge Casings (ESACCs) and small arms brass gleanings from range clearance operations at Fort Indiantown Gap, PA. THIS STATEMENT OF WORK (SOW) IS FOR THE SALE OF DEFORMED ESACCs ONLY AND NOT THE SALE OF ITEMS IN USABLE OR RELOADABLE CONDITION. THE OFFERING CONTRACTOR MUST BE ABLE TO PROVIDE ADEQUATE STORAGE CONTAINERS FOR DEFORMED ESACCs AND THE TRANSPORTATION OF ITEMS FROM THE AMMUNITION SUPPLY POINT (ASP) TO THEIR FACILITY. 2. quote mark Small Arms quote mark are defined by DoD Manual 4160.21-M as: Hand guns, shoulder-fired weapons; and light automatic weapons up to and including.50 caliber (12.7mm) machine guns. 3. Expended Small Arms Cartridge Casings (ESACCs) are defined as: The components, parts, accessories and attachments of small arms ammunition, to include: Cartridge cases, bullets, jackets, cores, shells (excluding shotgun shells) projectiles (including canister rounds and sub munitions), boosters, firing components, primers, and other detonating devices used in live-fire training or testing and collected after use. ESACCs are generally referred to as quote mark fired cartridge cases. quote mark 4. Destruction / deformation is defined as: rendering useless for use as a cartridge by heating, mangling, or crushing in accordance with Department of Defense (DoD) Manual Number 4160.28, Volume 1, quote mark Defense Demilitarization, quote mark dated 7 June 2011. 5. Prior to the sale of all ESACCs and gleanings must be properly deformed, inspected, and certified as inert by government Ammunition Supply Point (ASP) personnel. 6. ESACCs, until deformed or destroyed, must be controlled as a Commerce Control List (CCL) Item, demilitarization (DEMIL) code Q6, rather than a US Munitions List (USML) item and are subject to DoD Trade Security Controls as outlined in DoDI 2030.08, quote mark Implementation of Trade Security Controls for transfers of DoD US Munitions List Items and Commerce Control List Personal Property to Parties Outside DoD Control. quote mark In other words, ESACCs must not be moved or transported from the installation prior to destruction / deformation. The ASP will ensure that all ESACCs will be deformed prior to the transportation of items off post. The offering contractor must have the ability to provide containers for storage to the ASP and the transportation of the ESACCs from the ASP. 7. Transportation and sale will be performed at intervals not to exceed 3 months or sooner as needed. 8. This Statement of Work (SOW) DOES NOT include NON-BRASS casings. 9. The resulting contract from this SOW will be a one-time award with a period of performance for 6 months. 10. Successful contractor is responsible for the supplies, materials, equipment, labor, transportation, and documentation for the sale of ESACCs on site. 11. Successful contractor is responsible to coordinate with the installation Ammunition Supply Point (ASP) prior to pick up of deformed items. In no event will ESACCs be transported without ASP personnel present. 12. The contractor is responsible for furnishing proper replacement containers for the collection of destroyed/deformed ESACCs. 13. ESACCs and gleanings inspection: ASP personnel must inspect the ESACCs prior to transportation to ensure ESACCs are certified. 14. The Government will provide a forklift and personnel at the ASP to assist in loading of containers of deformed ESACCs on to contractor's vehicle. Successful offeror must coordinate ten (10) calendar days prior to pickup to verify personnel and equipment are available. 15. Transportation operations must be completed Tuesday through Friday during normal business hours (8:00 am-3:00 pm), excluding Federal, Pennsylvania State Holidays, and other days the ASP is closed. 16. The successful offeror assumes complete liability for all taxes applicable to its property, income and all of its transactions arising out of or in connection with the performance of this SOW. The successful offeror will not be reimbursed for any direct or indirect tax imposed on it by reason of this SOW or otherwise. 17. Indemnity. The successful offeror agrees to indemnify and hold harmless the Qualified Recycling Program, the Pennsylvania National Guard, the National Guard Bureau, and the United States (including its agencies and instrumentalities), and their officers, agents and employees against liability and against any and all claims for loss, death, injury, or property damage (including costs and expenses incidental thereto), arising out of or in connection with (i) the performance of this SOW, (ii) any of the activities or actions of the successful offeror's subcontractors, representatives, agents, or employees while performing this SOW, or (iii) any of the successful offeror's activities or actions. 18. Damage to government property. Any damage to government property during the successful contractor's operations is the responsibility of the successful contractor, if deemed by the contracting officer that the successful contractor or his/her employee was at fault. It will be repaired at the successful contractor's expense to its original state or a reasonable facsimile thereof to the satisfaction of the contracting officer. 19. Operator Licensing and Insurance. All successful contractor personnel shall have a valid driver's license, other permits required by local or State Authorities, and have proof of liability insurance in the vehicle when entering each Government Installation. 20. Weapons/Firearms Control. Successful contractor personnel will not transport, possess, or use privately owned dangerous weapons on government-operated installations or facilities. quote mark Dangerous Weapons quote mark include all forms of firearms, missile-throwing devices (e.g. Bow and arrow), switch blade or automatic blade knives, knives with blades in excess of three inches, ammunition and pyrotechnics, fireworks, bludgeons (e.g. quote mark Num-chucks quote mark ), brass knuckles, shooting pens, and similar devices. Unauthorized dangerous weapons will be confiscated and impounded by government law enforcement and security personnel. A state weapon permit does not supersede this provision. 21. Dangerous property. The successful contractor is cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove potentially dangerous property. The Government assumes no liability for damages to the property of the successful contractor for personal injuries, disabilities or death of the successful contractor, his/her employees or to any other person arising from or incident to the operation. The successful contractor shall hold the Government harmless from any and all demands, suits, actions, or claims of whatsoever nature arising from or out of the sale of ESACCs or this SOW. 22. Safety and Security Regulations. During the course of performance of this SOW, the contractor, its agents, servants or employees shall conform to all safety and security regulations which are in effect at the time. 23. Military Security and safety regulations prohibit contractor's personnel from being on site at the Ammunition Supply Point (ASP) during ammunition issuing and receiving operations. Contractor's personnel may be asked to temporarily cease operations and move to a safe area until the issue/receipt of ammunition is complete. 24. The Pennsylvania Army National Guard (PAARNG) has approximately 70,000 lbs of deformed brass munitions stored in 4'x4'x4' tri-wall style container boxes. Material has been deformed in accordance with DoD instruction 4715.4. 25. Material is available for review at the ASP, Fort Indiantown Gap, Annville, PA from 7:30 a.m. until 2:00 p.m. ET on 29 June - 02 July 2015 by contacting the ASP Inspector 1 business day prior to set up appointment time. Government Issued photo identification is required. 26. A deposit is not required to submit a proposal however, within 3 business days of award, the successful contractor must provide an earnest money deposit of 20% of the total proposed price to the Contracting Officer before any material is authorized to be removed. This deposit will credited to final payment. The Pennsylvania Army National Guard (PAARNG) reserves the right to retain the deposit until such time as all weight tickets have been received and the contractor has paid in full all invoices for all property removed. Interest will accrue on all late payments at the daily rate of 2.125% in accordance with Federal Registrar Volume 79, Number 250 (https://www.fms.treas.gov/prompt/index.html). In addition, an administrative fee may be charged to collect a delinquent payment. 27. Material must be removed within ten (10) calendar days of notification of approval. The ASP manager shall oversee the loading of the material and shall annotate the total load weight. The contractor shall weigh the material after leaving the site and shall provide copies of all weight tickets, along with a certification of the scales used. The government's and contractor's weights shall be compared and reconciled. The contractor shall provide payment within fourteen (14) calendar days of award. 28. Payment is to be made payable to USPFO for Pennsylvania; remittance shall indicate it is for the purchase of U.S. Government Property. Acceptable forms of payment include certified check, money order or company check. 29. The product is currently stored in 4'x4'x4' 34 tri-wall style box containers. The buyer is required to use a roll-off type trailer to safely load the product. The government does not possess equipment on site to load any other form of transportation. The contractor is required to provide equal number of replacement boxes or return empty containers undamaged. 30. Proposals are due by 10:00 a.m. ET on Tuesday, July 20, 2015. Proposals may be delivered via US mail at: USPFO-PA, Contract Specialists, Attn: 1LT Andrea Magee, and SFC Brian Ray, Building 0-48, Fort Indiantown Gap, Annville, PA 17003 or emailed to andrea.m.magee2.mil@mail.mil and to brian.c.ray2.mil@mail.mil. The Government reserves the right to refuse all proposals. Telephonic and faxed proposals will not be accepted. All proposals shall be submitted to both 1LT Andrea Magee and SFC Brian Ray. Any proposal not submitted to both points of contact may be deemed nonresponsive. 31. Any questions are to be directed to 1LT Andrea Magee at andrea.m.magee2.mil@mail.mil and SFC Brian Ray at brian.c.ray2.mil@mail.mil.
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- Place of Performance
- Address: USPFO for Pennsylvania Department of Veteran and Military Affairs, Annville PA
- Zip Code: 17003-5003
- Zip Code: 17003-5003
- Record
- SN03770590-W 20150621/150619235055-d944923fb6fd55d578e3f2d667cbdbfb (fbodaily.com)
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