MODIFICATION
P -- Selling Mixed Scrap Metal
- Notice Date
- 1/11/2018
- Notice Type
- Modification/Amendment
- NAICS
- 562998
— All Other Miscellaneous Waste Management Services
- Contracting Office
- Department of the Army, National Guard Bureau, USPFO for Connecticut, 360 Broad Street, Hartford, Connecticut, 06105-3795
- ZIP Code
- 06105-3795
- Solicitation Number
- W91ZRS18QF001
- Archive Date
- 2/7/2018
- Point of Contact
- Leslie A Fedler,
- E-Mail Address
-
leslie.a.fedler.civ@mail.mil
(leslie.a.fedler.civ@mail.mil)
- Small Business Set-Aside
- N/A
- Description
- SALES FOR SCRAP METAL RECYCLYING SOLICITATION MEMORANDUM FOR: Interested Bidders SUBJECT: Mixed Scrap Metal with Dumpster Service -One base year contract and 4 option years. Solicitation: W91ZRS18QF001 Recycling Metal/ All metal to be picked up by vendor's dumpsters with no dumpster charge. Contractor Quotes: Item 1: Quote from Vendor ____________percentage of Mixed Scrap Metal- Each bidder should submit a percentage figure based on American Metals Market, First Day of the Month, Export Yard Buying Price, #2 Bundles, and Boston Market. I. WORK TO BE PERFORMED A. The Contractor will furnish all labor, tools, materials, and equipment (including various sizes of containers sufficient to meet the needs of each location), for the storage, pickup, and recycling/reuse of scrap metal from each participating location. The Contractor will leave one 40 yard dumpster at each 4 locations at all times. These locations are CSD, Windsor Locks, CT 06096, ---- CSMS, Windsor Locks, CT 06096 --- TASMG, Groton, CT 06340 and SRMR, East Lyme, CT 06333. Dumpsters will be emptied within 5 business days of when notified that they are filled to capacity. Contractor will be able to furnish additional dumpsters at CTARNG locations statewide on a case by case basis when the units have significant amounts of scrap metal to dispose of. Dumpsters must be placed within 10 working days from request and removed/replaced within 5 working days of notification that they are full/no longer required. B. The Contractor will collect and recycle, either through reuse or sale for reuse, scrap metal from participating CTARNG locations, and will provide electronic records of the scrap metal collected at each participating locations to the Contracting Officer and to the participating POC. The Contractor will respond within two (2) business days when notified by a participating CTARNG location to collect scrap metal. II. TASKS IDENTIFIED Task 1: The Contractor shall provide appropriate containers. A. Various sized containers, as needed, for each location, to store recyclable scrap metal at designated participating CTARNG locations. A minimum of one (1) bin must remain at four location at all times. B. A scrap metal recycling bin of the appropriate size for each location as designated by each participating CTARNG Site Representative. It is the responsibility of staff for each participating location to place the scrap metal into the containers provided by the Contractor. C. The containers must be clearly labeled "Recyclable Metal Only." The Contractor shall provide additional containers, as needed, at no additional cost to the participating CTARNG. D. Participating sites may request the Contractor to make exchanges for either smaller or larger capacity scrap metal containers, as required, in any of the designated locations as described. The Contractor shall exchange the container within three days of the request. E. The Contractor shall be responsible for the maintenance of all scrap metal recycling containers. F. The scrap metal recycling containers must remain at each participating CTARNG location during the entire term of this Agreement. The Contractor shall replace full containers with empty containers during collection. If the pick-up location no longer needs the recycling service, the requested container(s) may be removed with prior permission from the location POC representative and/ or the Contracting Officer. Task 2: Contractor shall remove and/or pick-up and recycle scrap metal from all the pick-up locations. A. Contractor shall be solely responsible for removing all scrap metal after it has been placed in the bins for pick-up by participating sites. Participating CTARNG staff will not assist the Contractor with scrap metal removal once it is in the bins, and neither CTARNG nor the participating personnel will be held liable for any injuries sustained by the Contractor's staff during removal/pick-up and recycling of scrap metal. All sorting and/or cutting of scrap metal to size shall be the responsibility of the Contractor. B. The containers must remain on-site until they are ready for collection by the Contractor. A CTARNG facility's Site Representative or designee will verbally notify the Contractor when the containers are ¾ full or greater, and ready for removal by the Contractor. C. The Contractor shall remove accumulated scrap metal within five (5) business days of the verbal notification. The minimum pick-up will be one (1) 15-cubic-yard container, unless the Contractor agrees to accept a lessor quantity from a participating CTARNG location. D. The Contractor shall collect all scrap material placed in bins by participating sites at each of the designated locations. E. The Contractor shall weigh each load of scrap metal on a certified public scale under the supervision of a licensed weighmaster within 24 hours of removal. A copy of each certified scale weight ticket shall be retained by the Contractor and must be available for audit purposes for the length of the contract plus an additional three (3) years. F. The Contractor shall recycle (or sell for reuse) all scrap metal that is collected from the participating locations. G. The Contractor shall perform services during the CTARNG regular business hours, generally between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday. The Contractor will not perform services on the weekend or holidays or if the sites of the CTARMG is closed. H. The Contractor shall maintain all vehicles to ensure compliance with all Federal, State and local laws and regulations. Task 3: The Contractor shall provide monthly electronic tonnage reports. A. The Contractor shall provide the Contracting Officer a summary of collection activities, in an electronic MS Excel file on a quarterly basis for the term of this agreement. B. The Contractor shall transmit the electronic quarterly summary reports by e-mail (as an attached MS Excel spreadsheet). C. The Contractor's electronic monthly reports must, at a minimum, provide a Tonnage Report or summary of all of the prior month's scrap metal collected from CTARNG facility's participating in the contract, including, but not limited to: 1. The pounds/tons of scrap metal collected at each participating CTARNG facility or location; 2. The date scrap metal was picked-up; 3. CTARNG Facility's addresses where metal was generated or collected. 4. The weight ticket number associated with the scrap metal picked-up at each site; 5. The number and type of container(s) (example: one 40-yard bin). 6. Price to be paid to CTARNG per weight ticket: 7. If a load is reduced by weight, an explanation and picture of load must be attached to the weight ticket. Task 4: A. The Contractor shall meet with the Contracting Officer on an as-needed basis. 1. The meetings will allow the Contractor and the Contracting Officer to discuss performance matters related to the Agreement, including but not limited to service concerns, re-occurring customer service issues, container placement, timing of collections, and service locations. 2. All meetings will occur during regular business hours. The meeting time will be agreed upon by both CTARNG Contracting Officer and the Contractor. All meetings will be teleconference calls or at P&C's office located at Camp Hartell at 580 North Street, Windsor Locks, CT, unless otherwise agreed upon. The Contracting Officer will prepare an agenda prior to the meetings and provide it to the Contractor. 3. The Contractor shall provide information requested on the agenda, as well as an update on issues discussed in prior meetings, if applicable. 4. The Contractor shall be prepared to discuss any logistical or administrative issues that need remedies. 5. Additional discussions or correspondence will occur on an as needed basis via telephone, and followed up with an e-mail to the Contracting Officer. III. BASIS FOR AWARD A. Sam's Registration: Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, they may do so through the SAM website at http://www.sam.gov. Offers must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications Commercial Items (OCT 2010) with its offer. B. Bid Evaluation - Award will be made to the responsive, responsible bidder that has submitted the highest bid price consisting of one bid percentage specified by the bidder. The bid must be expressed as a percentage of the acquisition value of the property delivered under this contract and must exceed zero, and only four (4) digits to the right of the decimal without rounding. The winning bid will be determined by the bidder submitting the highest bid percentage. The Government reserves the right to not award a contract if such contract is deemed not to be in the Government's best interest. Further, the Government may also reject any bid if CTARNG determines that accepting such bid would not be in the Government's best interest. C. Contract Award - At the time of bid opening, the Contracting Officer will determine if each bid is responsive, prior to award of the contract. The contract will be awarded to the highest responsive bidder. In the event of a termination of the original Contractor within sixty (60) days of the date of award, the Contracting Officer may award the contract to the next highest responsive bidder determined by the Contracting Officer if bids have not expired, and such award is otherwise determined to be in the Government's best interest, price and other factors considered. D. Pre-Award Conference - The Government reserves the right to conduct a pre-award conference as early as two weeks before award. The purpose of the conference is to ensure the Contractor fully understands the terms and conditions of this contract. The location and date of the conference will be determined by the Contracting Officer and the costs incurred by Contractor personnel attending shall be paid in full by the Contractor. IV. SECURITY A. Contractor Information - Within thirty (30) days of the date of contract award, Contractor shall provide CTARNG the following information: (1) Designation of key persons, if any, in addition to those identified in Contractors technical proposal (2) Contractor shall provide the CONTRACTING OFFICER notification of any changes to the above within ten (10) days of the change. (3) Contractor must follow all procedures in order to go on a Government site. Some will have gates. (4) Personnel who is to have access to the facility will be required to provide the following information; Name, Aliases, Date of birth, Place of birth, Sex, Race, Height, Weight, Driver's License number and Color hair and eyes. V. PARTIES TO THE CONTRACT A. Transfer and Hypothecation (1) General Prohibition - Except as specifically provided herein or specifically approved by CTARNG in writing, the Contractor may not directly or indirectly sell, transfer, assign, pledge, offer as collateral or otherwise hypothecate all or any part of its rights or obligations under the contract. (2) Attempted Transfer - Any attempted transfer in violation of the provisions of this Article shall be null and void, and shall constitute a material breach of this contract. B. Contract of Sale (1) Relationship of Parties - This contract is an agreement for the sale of the property by CTARNG as seller to Contractor as the buyer. Contractor and CTARNG expressly disavow the creation of any other relationship, including without limitation principal-agent, master-servant, employer-employee, general or limited partnership, or joint venture, between CTARNG and the Contractor. (2) Parties to Contract - The parties to this contract are CTARNG and the Contractor. The exclusive representative of CTARNG for all purposes under this contract is the CONTRACTING OFFICER, and all notices, demands, requests, consents, approvals, declarations, reports and other communications to CTARNG from Contractor shall be deemed ineffective unless addressed to the CONTRACTING OFFICER. Communications from the Contractor to anyone other than the CONTRACTING OFFICER shall not be deemed received by CTARNG. ©Authority of Sales (3) Contracting Officer (CONTRACTING OFFICER) - On behalf of CTARNG, the CONTRACTING OFFICER has the authority to represent CTARNG and to commit CTARNG to take such actions as are permitted or required and to extend or waive timing requirements or deadlines as may reasonably be required under the circumstances of this contract. C. Performance Period - Subject to the early cancellation option provisions and the Termination for Convenience of the Government provisions, the Government shall provide property for a twelve (12) month period from the date of the initial delivery order to the Contractor, may exercise four one-year options to extend the performance period for up to an additional forty eight (48) months based on Government requirements. The Government may extend the term of this contract by providing written notice to the Contractor within 120 days of contract end. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options shall not exceed sixty (60) months or five (5) years. D. Excluded Parties List System (EPLS) - Contractor is prohibited from awarding a contract to a customer identified being suspended or debarred from receiving Government contracts. Prior to awarding any contract, Contractor agrees to search the Excluded Parties List System (EPLS) website at, www.epls.gov, to ensure the potential buyer, or their entity, is not excluded. VI. CONTRACT COMPLIANCE, AUDITS AND REVIEWS A. Compliance with Applicable Laws and Regulations - Contractor and its resale buyers shall comply with the requirements of all applicable federal, state, and local laws, regulations, ordinances, directives and instructions connected with the performance of this contract, including without limitation such requirements pertaining to income and payroll taxes, environmental matters and occupational safety. Purchases 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. B. Licenses and Permits - Contractor shall obtain any necessary licenses and permits, and comply with all federal, state, and local laws and regulations in connection with the prosecution of the work. This responsibility requirement will be a matter of inquiry during the CONTRACTING OFFICER's pre-award evaluation of the bidder's capability to perform the contract satisfactorily. It will also be a continuing matter of inquiry by the CONTRACTING OFFICER during the performance of the contract. C. Duties of Care and Loyalty - The Contractor shall not cause or permit any action or omission in the course of performing the contract that constitutes gross negligence, recklessness or intentional harm. Contractor shall carry out their responsibilities under the contract with honesty, good faith and fairness toward CTARNG. D. Contractor Cooperation in DOD Investigations/Audits - Contractor agrees to fully cooperate with the Government when informed by CTARNG of an ongoing special investigation by any DOD or Federal Government investigation service or agency or during CTARNG Compliance Reviews or Audits. Contractor agrees to provide CTARNG with all requested information regarding property or information relating to the Contractor's resale buyer. Contractor must make all sales records pertaining to such investigations available to CTARNG within three (3) business days of the request. Requests for information should be provided in electronic format when possible. Contractor personnel with knowledge of the particular subject matter must be available to cooperate with any Government investigation E. Contractor Record Retention - Contractor shall make all books, records, documents and other supporting evidence available to satisfy contract administration and audit requirements by any Government agency identified by the CONTRACTING OFFICER. Records must be made available for six (6) years after the wind-down period is concluded, or for such period of time as Contractor, for its own purposes, retains its books, records, documents, and other supporting evidence, whichever is longer. F. Records Maintenance - Contractor shall maintain all records accurately and in a manner that will allow clear and accurate auditing. Records pertaining to inventory shall contain, at a minimum, the National Stock Number or Local Stock Number, Disposal Turn-In Document (DTID) number, quantity, date sold, sale price, date Contractor received payment from the resale buyer, name and address of the resale buyer, and storage location prior to resale. The Government reserves the right to request and inspect these documents as it deems necessary. In the event that Contractor fails to maintain or provide any of these documents to the Government, the Government may in its sole discretion seek and cause termination. G. Inspection of Records and Workplace by Government - The Government has the right to audit the records and inventory the property and to review Contractor's operations. The audit may consist of a complete or random sample examination. Contractor must ensure that, prior to any resale, the property is readily identifiable as formerly Government property. H. All Sales Final - All sales are "AS IS, WHERE IS, AND WITH ALL FAULTS". THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No returns, exchanges or refunds will be made. I. All scrap sold under this Award must be mutilated by the Company. Mutilation must begin no later than two weeks from the date of removal, unless approved in writing by the by the site manager. VII BUDGET DETAIL AND PAYMENT PROVISIONS 1. INSTRUCTIONS FOR SUBMITTAL OF MONTLY PAYMENTS A. Instructions for Submittal of Payment: The Contractor agrees to pay CTARNG within 5 days of pickup. B. All payments will be mailed or hand delivered to: QRP Manager 360 Broad Street Hartford, CT 01650 In addition, a photo-copy of any payment will be sent to the current Contracting Officer by fax and/or e-mail. C. Make all Checks Payable to: US Treasury VIII SPECIAL TERMS AND CONDITIONS 1. Default: If the Purchaser fails to pay for and or remove Recyclable Materials within the time allowed by this agreement, CTARNG will send the Purchaser a default notice that must be cured within 10 days from mailing date. If Purchaser fails to cure default within the stated period, the Purchaser shall lose all rights, title and interest, which he may otherwise have acquired in and to such property as to which a default has occurred. 2. Weight Certification: The empty trailer will be weighed on certified scales prior to pickup of material and weighed fully loaded to determine load weight. The weight tickets must accompany payments. 3. Insurance: The purchaser shall be required to purchase and maintain during the entire period of this contract, bodily injury and property damage liability insurance in at least the minimum amounts of coverage required by all states in which it operates its motor vehicles. 4. Confidentiality/Privacy Act: Purchaser will take all pertinent steps to ensure all information contained in/on recyclable material be protected from viewing or dissemination. Failure to comply with this provision is a basis for termination of the contract. 5. Sales Agreement is subject to immediate termination if CTARNG receives two (2) or more valid, written complaints from Commanders, professional staff about the purchaser/representatives to include but not limited to: rudeness, lack of knowledge of Recyclables, tardiness, failure to appear on schedule days, and failure to pay invoices in a timely manner. CTARNG reserves the right to direct removal of the purchaser and/or its agents and employees from CTARNG locations for misconduct, violation of confidentiality, security reasons, or whose presence of such person has been determined to be detrimental to the interests of CTARNG personnel and locations. 6. TRANSPORTATION: The purchaser/representative must possess a valid driver's license, insurance and registration of vehicle for access to any location sites for the CTARNG. 7. RELEASE AND HOLD HARMLESS: a. The purchaser/representative, in consideration of the United States' consent to this agreement, does hereby forever release, acquit and discharge the United States, its agencies, departments and employees of any and all claims, demands and liabilities of whatever kind, name or nature arising from the purchaser's participation in or fulfillment of this agreement, including any and all cause or causes of action (including personal injury, illness, death and property damage), costs charges, demands and liabilities of whatever kind, name or nature arising out of any incident involving the use of or rental of equipment or property pursuant to the purchaser/representative's activities under this agreement. This release is intended to cover all injuries, fatal or non-fatal, and illnesses of every name, type kind or nature, and personal property damage, if any, which may be sustained or suffered from any cause whatsoever connected with or arising out of or by reason of the purchaser's activities under this agreement. b. The purchaser further agrees that it will indemnify and will hold harmless the United States Government, CTARNG, all locations, and all other United States agencies, departments and employees, from any and all costs, charges, claims, demands, and liabilities of any kind arising from the improper, negligent, or willfully negligent acts by the purchaser or its employees arising out of or by reason of the purchaser's activities under this agreement. 8. DAMAGES: The purchaser shall be financially responsible for any damages to the premises/building resulting from acts of omission or errors of the purchaser and its employees and, or representatives. Any acts of vandalism or theft shall be reported immediately to the installation. Neither the United States not its agencies, to include CTARNG, all locations and all other directorates and divisions in CTARNG, as well as its employees, shall be responsible or liable for the purchase's property absent negligence by an employee or employees of the United States that proximately causes damage to purchaser's property. 9. TERMINATION: This agreement shall be subject to termination if either party hereto defaults on any of its material obligations, representations, or warranties under this agreement. The non-defaulting party shall give the other party written notice of the default within 30 calendar days of its discovery of the default. If the defaulting party does not cure or remedy the default within 30 calendar days of receipt of the notice of default this agree terminates. 10. DEFINITIONS: a. Contracting Officer. The term "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts on behalf of the nonappropriated fund instrumentality which is a party to this contract and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. b. Government. The term shall generally refer to the NAFI or Fund. The term may also refer to other Federal Agencies having jurisdiction under this Contract. The term "Government" shall not be construed to infer that appropriated funds of the United States are involved under this contract. No appropriated funds of the United States shall become due, or be paid to the Contractor by reason of this contract. 11. CLAUSES: a. NONAPPROPRIATED FUND NO APPROPRIATED FUNDS OF THE UNITED STATES SHALL BECOME DUE OR BE PAID THE CONTRACTOR BY REASON OF THIS CONTRACT. This contract is NOT subject to The Contract Disputes Act of 1978. b. COVENANT AGAINST CONTINGENT FEES (NOV 2004) - The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this warranty the NAFI/CTARNG 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 such commission, percentage, brokerage, or contingent fee. REPRESENTATIONS AND CETIFICATIONS Sam's Registration: Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, they may do so through the SAM website at http://www.sam.gov. Offers must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications Commercial Items (OCT 2010) with its offer. 12. DANGEROUS PROPERTY: Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove. Should hazardous property be issued under this contract, the Government/CTARNG cautions that the item, material, or substance, or one or more components, parts, constituents or ingredients thereof may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. The Government/CTARNG assumes no liability for any damage to the property of the Contractor, to the property of any other person, or the public property, or for any personal injury, illness, disability or death to the Contractor, Contractor's employees, or any other person subject to Contractor's control, or to any other person including members of the general public, or for any other consequential damages arising from or incident to the purchase, use, processing, disposition, or any subsequent operations performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance. The Contractor agrees to hold harmless and indemnify the Government/CTARNG for any and all costs and expenses incurred incident to any claim, suit, demand, judgment, action, debt, liability costs and attorney's fees or any other request for monies or any other type of relief arising from or incident to the purchase, use, processing, disposition, subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental. 13. 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. 14. 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 that 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. 15. STATE OR USE TAX Any sale or use tax imposed by any state, country or political subdivision will be paid by the Purchaser. 16. NOTICE OF DEBARRED OR SUSPENDED CONTRACTORS Any contract awarded to an individual or firm is voidable, at the option of the Government if, at the time of award the Purchaser was proposed for debarment, has been disbarred, suspended, or for any other reason is ineligible to receive a Government contract.
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