5-Lemoyne Refuse Contract - Instructions to Bidders-2025.docx
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- Solicitation number
- Not on record
- Issued by
- Cumberland County, Pennsylvania
About this file
The document is an Instructions to Bidders file for a municipal solid waste collection contract issued by Lemoyne Borough in Cumberland County, Pennsylvania. The contract solicits bids for the collection and disposal of municipal solid waste and recyclable materials from dwelling units and small business units within the borough's corporate limits. Bids will be accepted via the PennBid website until 10:00 a.m. on Friday, October 10, 2025, with bid opening scheduled for September 3, 2025. The contract term is approximately three years, spanning from January 1, 2026 to December 31, 2028, with an option to extend for two additional one-year periods. Bidders must submit a bid bond for 10% of the total bid amount and will be required to provide performance and payment bonds of 100% of the annual bid price if awarded the contract.
The bidding process requires a non-collusion affidavit and includes specific provisions for bid submission, evaluation, and potential rejection. Bidders cannot withdraw their bids for 90 days after the bid opening, and the municipality reserves the right to reject any or all bids, waive technical defects, and re-advertise if deemed in the best interest of the municipality. The contract documents include multiple components such as invitation to bidders, general conditions, specifications, insurance requirements, and various bonds and affidavits. Questions about the bid must be submitted through the PennBid website by 4:00 p.m. on Friday, October 3, 2025, with interpretations only considered if submitted through the designated website channel.
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Text version
INSTRUCTIONS TO BIDDERS
2.01 Sealed Bids or Proposals
Accepted by Lemoyne Borough via the PennBid website (www.PennBid.net) until 10:00 a.m. Friday, October 10, 2025.
2.02 Bid Bond
Proposals must be accompanied by a bid bond with responsible corporate surety payable to the order of the Borough of Lemoyne in an amount of 10% of the total bid.
The above-mentioned bid bond shall be forfeited to the Borough in the event the Contractor fails or refuses to enter into a contract and to post Performance and Payment Bonds as hereinafter specified, not as penalty, but as just and liquidated damages for the delay and additional costs or expenses incurred by the Municipality by reason of failure to execute the contract and give bond as required.
2.03 Bid Bond Return
The bid bonds of the unsuccessful bidders will be returned after the contract is awarded and the bond of the successful bidder will be returned to him/her after execution of the contract and bonds. The Municipality shall not be liable for any interest on any bid deposits.
2.04 Contract and Bond
A contract will be awarded to the lowest, responsible bidder subject to the provision of Paragraph 2.06 below. The successful bidder shall, within ten days after notification of award, enter into a written contract with the Municipality and shall furnish Performance and Payment Bonds issued by an approved surety company authorized to do business in the Commonwealth of Pennsylvania, in the amount of 100% of the annual bid price, conditioned that he/she shall comply in all respects with the terms and conditions of the contract, and his/her obligation thereunder, including the specifications, and shall indemnify and save harmless said Municipality against or from any and all costs, expenses, damages, injury or loss to which said Municipality may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence, or default upon the part of the Contractor, his/her agents or employees, in or about the execution or performance of the contract, including said specifications, and shall indemnify and save harmless said Municipality against and from any and all liability demands, or claims against it or losses to it from any cause whatever, including, but not limited to, patent infringements in the matter of completing said contract, said bond to be subject to the approval of the Municipal Solicitor. In case of failure or refusal on the part of the bidder to enter into said contract and file the aforesaid bond within ten days of the Notice of Award, the amount of the check or bid bond will be forfeited and paid to the Municipality as more fully provided in Paragraph 2.03 above.
| 2.05 | Reservations and Annulments |
| The Municipal Officials will determine the lowest responsible bidder based on the bids submitted, and reserve the right to reject any or all bids, and may re-advertise if it is in the best interest of the Municipality. Said Municipal Officials also reserve the right to waive technical defects, if, in their judgment, the interest of the Municipality shall so require; also, the right to cancel and annul any contract if, in their opinion, there shall be failure at any time to perform faithfully any of its stipulations, or in case of a willful attempt to impose upon the Municipality articles or service inferior to those required by the contract. Any action taken in pursuance of this latter stipulation shall not affect or impair any right or claim of the Municipality to damages for the breach of any of the covenants of the contract by the Contractor. No proposal may be considered from any person, firm or corporation, who has defaulted in the performance of any contract or agreement made with the Municipality or conclusively shown to have failed to perform satisfactorily any such contract or agreement. |
| 2.06 | Bids May Be Rejected as Informal |
| Proposals or bids which contain conditional bids, omissions, or irregularities of any kind shall be rejected as informal. |
| 2.07 | Changes Prior to the Opening of Bids |
| During the period allowed for preparation of bids, the bidders may be furnished addenda or bulletins for additions to or alterations of the Specifications, which shall be included in the work, covered by the Proposal and become a part of the Contract Documents. If any prospective bidder is in doubt as to the true meaning of any part of the Specifications or other Contract Documents, he/she may submit a written request for an interpretation thereof via the QUESTIONS tab of the PennBID website. Any interpretation of the Contract Documents will be made only through the QUESTIONS tab of the PennBID website. The Municipality shall not be responsible for any other explanations or interpretations of the proposed Contract Documents. |
| 2.08 | Withdrawal of Bids |
| No bid may be withdrawn for a period of ninety (90) days after the date and time designated for the opening thereof. |
| 2.09 | Contract Documents |
| This contract will be awarded in accordance with the following documents: |
1.
2. Invitation to Bidders
3. Instructions to Bidders
4. General Conditions
5. Specifications
6. Insurance Requirements
7. Checklist
8. Non-Collusion Affidavit
9. Exception(s) to Contract Documents
10. Bid Bond
11. Questionnaire
12. Notice of Award
13. Agreement
14. Performance Bond
15. Payment Bond
16. Notice to Proceed
| 2.10 | Familiarization |
| Before bidding, all contractors are requested to carefully read and thoroughly familiarize themselves with the above documents. |
| 2.11 | Length of Contract |
| The bids shall be for the collection and disposal of Municipal Solid Waste and recyclable materials collected from dwelling units and small business units within the corporate limits of the Municipality as at present existing, for the term of approximately three years (January 1, 2026 – December 31, 2028) with the option to extend the contract for two additional one-year extensions. The parties agree to extend the terms of Contract if the Municipality signifies its desire to extend by notice to Contractor not later than 180 calendar days prior to the expiration of the basic terms of the Contract. |
| 2.12 | Non-Collusion Affidavit |
| In accordance with the Pennsylvania Antibid Rigging Act that became effective on October 23, 1983, the Municipality requires each bidder to complete and file a Non-Collusion Affidavit. The Affidavit is to be completed as follows: |
A. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.
B. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.
C. In the case of a bid submitted by a partnership or other joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.
D. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.
E. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.
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