Sale of surplus property: approximately 75, 000lbs of deformed brass casings from expended munitions.
Added: Feb 06, 2015 1:27 pm 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. Combined Synopsis/Solicitation U.S. Federal Government Surplus Property Sale Solicitation due date and time: Wednesday, March 11, 2015 at 10:00 a.m. EST Inspection: 17 February tu 20 February 2015 8:00 AM - 3:00 PM Local Time Property location: Building 25-26, ASP Fort Indiantown Gap, Annville, PA 17003 Sales contracting officer: 1LT Andrea M. Magee and SFC Brian Ray (717) 861-8658 and (717) 861-6871 Property to be sold: Proposed Deposit: Approximately 75,000 pounds of deformed brass casings from expended munitions. 20% of proposal must be submitted by winner 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-1001 TERMS AND CONDITIONS The Pennsylvania Army National Guard (PAARNG) has approximately 75,000 lbs of deformed brass munitions thirty-four (34) tri-wall style boxes approximately 4'x4'x4'. Material has been deformed in accordance with DoD instruction 4715.4. Material is available for review at Building #25-26, Fort Indiantown Gap, Annville, PA from 8:00 a.m. until 3:00 p.m. ET on February 17-20th 2015 by contacting the ASP Inspector, Mr. Michael Goss at (717) 861-2538 or michael.a.goss10.mil@mail.mil. Coordination MUST be made 1 business day prior to intended viewing period and must provide government issued photo identification. No weapons allowed on government property. 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 proposed price to the Contracting Officer before any material is authorized to be removed. This deposit will be held for the duration of the project, and credited toward final payment. 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 Register 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. Material must be removed within 10 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 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. The product is currently 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 due by 10:00 a.m. ET on Wednesday, March 11, 2015. Proposals may be delivered via US mail at Contract Specialists, USPFO-P&C, ATTN: 1LT Andrea Magee & SFC Brian Ray, Building 0-48, Fort Indiantown Gap, Annville, PA 17003 or email to 1LT Andrea Magee, andrea.m.magee2.mil@mail.mil and SFC Brian Ray, brian.c.ray2.mil@mail. 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/SFC Brian Ray at (717) 861-6871, or email at andrea.m.magee2.mil@mail.mil and brian.c.ray2.mil@mail. Shipping information: 1. Material to be picked up at Fort Indiantown Gap, Annville, Pennsylvania within 10 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 replacement containers approximately 4'x4'x4' in size. 3. 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 7. Acceptable forms of payment include certified check, money order, or company check only. NOTICE TO ALL BUYERS CONDITION OF PROPERTY IS NOT WARRANTED BUYERS ARE CAUTIONED TO INSPECT PROPERTY BEFORE OFFERING A PROPOSAL BUYER WILL BE REQUIRED TO LOAD HIS OWN VEHICLE You are cautioned to offer a proposal 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 responsive proposal are contractually yours and must be paid for and removed within the time period allowed by this Combined Synopsis Solicitation. Failure to do so shall subject 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. Potential buyers 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 solicitation. Failure to inspect the property does not relieve the buyer from any conditions of the sale. The property will be available for inspection from 17-20 February 2015 from 8:00 am to 3:00 pm local time. Potential buyers 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 solicitation, 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). Buyer agrees that proposals will not be withdrawn within 30 calendar days following the opening of proposals and during such period proposals will remain firm and irrevocable. The Government reserves the right to reject any or all proposals, including proposals under which a Buyer would take unfair advantage of the Government or other Buyers, to waive any technical defects in proposals, and unless otherwise specified by the Government or by the Buyer, to accept any one item or group of items in the proposal, as may be in the best interest of the Government. Proposal 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). Buyers 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 buyer 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; the successful buyer must provide an earnest money deposit of 20% of the total proposal price to the Contracting Officer. This deposit will be held for the duration of the project and credited toward final payment. These loads must be paid for within fourteen (14) calendar days of removal. 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. Proposals are solicited on a per pound price basis, buyers will list per pound prices and total prices. (a) In the event the buyer inserts a total price but fails to insert a per pound price, the Government will determine the per pound price by dividing the total price by the approximant pounds the item set out in the Solicitation. The per pound price so determined shall be used for the purpose of proposal evaluation, award, and all phases of contract administration. (b) In the event a buyer submits a total proposed price and also a per pound proposed price which are not identical, the per pound proposed price will be considered. (c) Proposals are to be submitted by the pound. 6. PAYMENT. The buyer agrees to pay for property awarded to him in accordance with the prices quoted in his 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 solicitation. 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 to him under the solicitation is less than the total amount deposited with his award, the difference will be promptly refunded. No refund or demands will be made for any amount less than one dollar ($1). Successful buyer is responsible for providing weight tickets. Weight tickets will be provided on the following day prior to any subsequent loading. Vendor must certify accuracy of scales and all weights. Once removal is complete, weights will be tabulated; 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. 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 his expense within the period of time allowed in the solicitation. 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 solicitation 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 the award, the Contractor breaches the contract by failure to make payment with the time allowed by the contract as required by Condition No. 4 & 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 he might otherwise have acquired in and to such property as to which a default has occurred. The Contractor agrees that in the event he 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 balance of the contract. If the Contractor otherwise fails in the performance of his 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 buyer will be in default and shall lose all right, title, and interest in the property. Buyers are cautioned to give a proposal only on the items prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to the high proposal are contractually the buyer's and must be paid for and removed within the time period allowed by this solicitation. Failure to do so shall subject the buyer to paying a default fee and debarment from future Government sales. 10. SETOFF OF REFUNDS. The buyer 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. 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. 13. 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. 14. ORAL STATEMENTS AND MODIFICATIONS. Any oral statement or representation by any representative of the Government, changing or supplementing the solicitation or contract or any Condition thereof, is unauthorized and shall confer no right upon the Buyer 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. 15. 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 tough 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 tough 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. 16. 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. 17. 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 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 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) tough (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) tough (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) tough (a)(3) above, and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a) (1) tough (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. 18. ASSIGNMENTS OF CONTRACTS. Any contract awarded under the solicitation is subject to the provisions of 41 U.S.C. 15 which generally precludes assignment of such contract. 19. CLAIMS LIABILITY. The Buyer 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 Buyer 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 Buyer or Contractor, its agents, servants or employees after the property has been removed from Government control. 20. 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 POTENTIAL BUYERS. (a) The Buyer 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) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 1 13-235), 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. (d) Contractor employees who have access to official property disposal records are hereby prohibited from participating as buyers 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. (e) The public is invited to participate in this sale. The debarment or suspension of a buyer 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 buyer. The buyer 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. (f) 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 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 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 Invitation. 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)
W912KC-15-R-1001 Department of the Army Pennsylvania Army National Guard
2/6/15, 1:27 PM