Harrisburg/Capitol Complex area

COMMONWEALTH OF Pennsylvania DEPARTMENT OF GENERAL SERVICES GSSSO-79 (Rev. 11/99)

INVITATION FOR BIDS - BID PROPOSAL FOR

SALES OF SURPLUS STATE PROPERTY

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES

Bureau of Procurement Forum Place, 6th Floor

555 Walnut St Harrisburg, PA 17101

CONTRACT NUMBER: TYPE OF PROPERTY

CN00021643 WASTEPAPER RECYCLING

BID OPENING DATE: August 29 , 2006

BID OPENING TIME: 10:30 am LOCATION of the PROPERTY:

Harrisburg/Capitol Complex area

NAME, ADDRESS, TELEPHONE NUMBER AND FAX NUMBER OF THE PROPERTY AGENT:

Robin Depetro Bureau of Procurement 555 Walnut St, Forum Place Harrisburg, Pa 17101-1914 717.346.2674 fax- 717.214.9805

ITEM NO. DESCRIPTION OF THE PROPERTY

Wastepaper including all of the following: 1. Office paper (sorted office paper) (delivered loose) 2. Corrugated Containers (delivered loose) 3. News #6 (delivered loose) 4. Old Magazines (delivered loose) 5. Telephone Directories (delivered loose) 6. Turnpike tickets from Turnpike Commission 7. Compactor for corrugated paper and collection of that paper from the State Prison, Camp Hill, PA

SPECIAL REQUIREMENTS

Bidder must submit the following with their bids or no later than two business days after notification from the Department of General Services to furnish the information.submit this information prior to the second business day after notification shall result in rejection of the bid:

1. The specific delivery point(s) for the wastepaper. 2. Acknowledgement that the bidder will be prepared to accept delivery of each of the types of wastepaper from the Commonwealth as of September 1, 2006. 3. Acknowledgement that the bidder's facility is capable of receiving paper from Commonwealth trucks--compactor trucks which require a protected floor area

clearance of 25 feet and a box van with a bed height of 45 inches. 4. A description of the bidder's paper processing facility, including plans for building or refitting. 5. Description of site security.

In order to be eligible for award of this Contract, a bidder's delivery location must be within a twenty (20) mile radius of the Capitol Complex in Harrisburg, PA.

Check here if continuDOCUMENTS INCORPORATED BY REFERENCE

In addition to this document, the following terms, conditions and specifications are included by reference in this Invitation For Bids:

1. General Conditions and Instructions to Bidders For The Sale of Surplus State Property 2. Standard Contract Terms and Conditions for the Sale of Surplus State Property 3. Special Contract Terms and Conditions for Contract Number CN00021643 4. Commonwealth Agency Wastepaper Contract #CN00021643 Bid Sheet 5. Instructions For Completing the Commonwealth Agency Wastepaper Contract # CN00021643 Bid Sheet. 6. Delivery receipt

Bidder's Name Street Address City and State Zip Code Federal I.D. No. Social Security No. Bidder Contact Person

WITNESSED OPENING

BOND • • CHECK CERT CASHIERS TREAS. $ ________________________________ _____________________For G.S.____ _____________________For Treas.__

Telephone No. Fax No. E-mail Address

Failure to

with ceiling

ed on page 2

http://www.dgsweb.state.pa.us/comod/bids/CN00021643/items.xls

SPECIAL CONTRACT TERMS AND CONDITIONS

CONTRACT SCOPE/OVERVIEW: This Contract (No.00021643) will cover the requirements of Waste Paper Recycling for the Capitol Complex/ Harrisburg area. ORDER OF PRECEDENCE: These Special Contract Terms and Conditions supplement the Standard Terms and Conditions for The Sale of Surplus State Property, GSSSo-81, and The General Conditions and Instructions To Bidders for the Sale of Surplus State Property, GSSSO-80. To the extent that these Special Contract Terms and Conditions conflict with the other stated contract terms and conditions, these Special Contract Terms and Conditions shall prevail. Notwithstanding the provisions set forth in GSSSO-80, General Conditions and Instructions to Bidders For the Sale of Surplus State Property, Paragraph 2, Questions, any questions concerning conditions and instructions in the IFB and any questions concerning the property must be directed to the Department of General Services, Bureau of Procurement, to the attention of the Commodity Specialist referenced on the cover sheet of the IFB. Notwithstanding the provisions set forth in GSSSO-81, Standard Contract Terms and Conditions for the Sale of State Surplus Property, Paragraph 5, Removal of Purchased Property, and Paragraph 8, Estimated Quantities, all references to “Commonwealth Property Agent” shall be replaced with “Commodity Specialist”. Notwithstanding the provisions set forth in GSSSO-81, Standard Contract Terms and Conditions for the Sale of State Surplus Property, Paragraph 12, Inspections, the reference to “State Surplus Property Division” shall be replaced with “Bureau of Procurement”. Notwithstanding the provisions set forth in GSSSO-81, Standard Contract Terms and Conditions for the Sale of State Surplus Property, Paragraph 17, Contract Controversies, the Contractor must file a written notice of controversy or claim with the contracting officer, Bureau of Procurement, Department of General Services and the contracting officer shall make a written determination. TERM OF CONTRACT: The Contract shall commence on the Effective Date no earlier than September 1, 2006 and expire on August, 2008. PROPOSAL FORMS: Bidders are cautioned to return all sheets of this Invitation To Bid (ITB). Contractors may not bid on portions only of this ITB; otherwise, the bid may be rejected. Prices quoted shall be in United States currency CONTRACT RENEWAL: The Commonwealth, with the mutual consent of Contractor, shall have four (4) successive options to renew the term of the Contract for a period of one (1) year each, which shall begin respectively at the expiration of the then current term, upon the same terms, covenants, and

mailto:[email protected]

conditions, provided, however, that the Contract has not been terminated. Notice of the election by the Commonwealth to exercise each option hereunder shall be given to Contractor in writing at least one hundred twenty (120) days prior to the expiration of the then current term, provided, however, that the Commonwealth's right to exercise any option hereunder shall not expire unless and until Contractor has given the Commonwealth (after Contractor's consent has been obtained) written notice of the Commonwealth's failure to timely exercise its option and fifteen days opportunity from the Commonwealth's receipt of the notice to cure the failure. OPTION TO EXTEND: The Department of General Services reserves the right, upon notice to the Contractor, to extend the Contract or any part of the Contract for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract. PRE-PROPOSAL CONFERENCE: There will be no pre-proposal conference for this ITB. If there are any questions, please forward them to the commodity specialist , [email protected]. CALENDAR OF EVENTS: These dates are tentative.

Wastepaper Recycling- Harrisburg/ Capitol Complex Area

Event Date RFQ-ITB package is posted to the Dept. of General Services (DGS) website.

8/01/2006

Sample Requests for toll tickets can be submitted during this time. All requests must be submitted via email to: [email protected] Site Vist Requests can be submitted during this time(Camp Hill SCI pickup location via email to: [email protected], Turnpike Commission Bldg. via email to: [email protected])

8/01-8/11/2006

Deadline to submit Questions via email to: [email protected] 8/15/2006

Answers to Supplier Questions will be posted to DGS website. – Bidders, please monitor website for all communications regarding ITB.

8/18/2006

Deadline to submit ITB to the Issuing Office at the address stated in the "Please Return Quotation To" section of the ITB. 8/25/2006

DEFINITIONS: Wastepaper- includes toll booth tickets, sorted office paper, corrugated containers, magazines and telephone books Sorted Office paper- mailings, copier paper, file stock, envelopes, printers waste, etc. This does not necessarily meet standard specifications of “sorted office paper” Gaylord boxes- approximately a 4’x 4’ x 3’ collapsible cardboard box for transport and storage of waste paper COMMONWEALTH OF PENNSYLVANIA CONFIDENTIAL DOCUMENT REQUIREMENTS: While performing the services described herein, Contractor agrees to comply with the following requirements: All Commonwealth wastepaper (excluding corrugated paper, newspaper, telephone books and magazines) shall be treated as CONFIDENTIAL by Contractor and shall not be divulged or made known in any manner to any person. Contractor must guarantee that the paper will be secured from the time of delivery to Contractor or from the time of collection by contractor until it is rendered illegible by the recycling process. Upon bid submittal, the Contractor must submit, in writing, explaining a security plan to ensure confidentiality. In the event the material is not processed immediately upon receipt, it will be securely stored in an area to which only authorized employees have access. Contractor must define “authorized” employees and provide the commonwealth with a current list of those employees. In the event the material is sold to another firm, this clause must be included in the sales contract. DELIVERY CONDITIONS FOR WASTEPAPER: Contractor agrees to accept delivery of wastepaper from the Commonwealth. For the purpose of the Contract, wastepaper shall be defined as sorted office paper, corrugated containers, news #6, telephone books and magazines. The wastepaper will be delivered to Contractor under the following conditions: (A) The Commonwealth will deliver wastepaper to facilities operated by Contractor between the hours of 7:00 AM and 2:00 PM, Monday through Friday. (B) Prior to unloading, all Commonwealth delivery vehicles will be weighed at Contractor's facility to which the paper has been delivered on certified scales. After the vehicle is unloaded, it will be weighed a second time to determine the weight of the delivered wastepaper. All deliveries will be recorded and weight verification reported by means of Commonwealth Standard Form STD-497 (See Attachment A). (C) Contractor agrees that the Commonwealth delivery vehicle will be emptied within an hour of its arrival at contractor's facility. If the contractor exceeds this allotted time period, the contractor will submit a check as payment to the Commonwealth at the rate of $35.00/hour, billed every quarter hour.



(D) Contractor guarantees that all wastepaper will be sold or transferred for reuse or recycling, and under no circumstances will the Commonwealth's wastepaper be subject to incineration or land-fill disposal. (E) Contractor will provide the Commonwealth with approximately 200 1-cubic-yard corrugated storage ("gaylord") boxes or similar containers at no cost to the Commonwealth for the purpose of storage and transport of paper from Commonwealth locations to Contractor. CONTRACTOR PICK-UP PROVISIONS: Contractor agrees to transport, on an on-call basis, wastepaper from Commonwealth locations in the Harrisburg area to Contractor's facility(ies). The Commonwealth will notify the Contractor using a telefax request. Commonwealth employees will load trucks provided by Contractor. Prior to unloading, The contractor will weigh the vehicle at Contractor's facility with the paper on certified scales. After the vehicle is unloaded, it will be weighed a second time to determine the weight of the delivered wastepaper. All deliveries will be recorded and weight verification reported by means of Commonwealth Standard Form STD-497 (See Attachment A). The contractor also agrees to collect and transport turnpike toll booth tickets from the Turnpike Commission Building located at 700 Eisenhower Blvd., Middletown, Pa. The contact person for The Turnpike building is the Ticket Systems Auditor, Thomas Nicholson,at: [email protected] or phone at: 717.939.9551 ext. 5658. The contractor will provide wheeled “toter” containers (approximately 90 gallons each) for storage and transport purposes; approximately 12 toters are required at a time; therefore, 12 empty containers are to be delivered with every collection, generally twice a week. Bidders are welcome to inspect the Commission building prior to bidding. COMPACTOR/CONTAINER & COLLECTION FOR CAMP HILL SCI PROVISIONS: The contractor will provide one unit, type to be determined by the contractor for the purposes of compacting corrugated cardboard from this facility. The contractor agrees to collect the corrugated cardboard generated at Camp Hill SCI, located at 2500 Lisburn Rd, Camp Hill, from a non-secure location adjacent to the facility warehouse. Pick-up frequency will be agreed upon by contractor and Camp Hill SCI. Camp Hill SCI contact person is the Business manager, Bob Gimble at [email protected] or phone at 717.975.5204 LEASE OF (2) BALERS FOR THE FARM SHOW COMPLEX The contractor will provide two balers to the complex site. The balers shall be available for Commonwealth use for the duration of this contract or until a time that the Commonwealth no longer requires the balers within the life of this contract. The Farm Complex is located at 2301 North Cameron Street, Harrisburg, Pa. BID EVALUATION: A single contractor will be awarded this contract. The Total Bid Price of a bid will be calculated as follows:



The Commonwealth's expected delivery costs together with the bidder's bid collection charges will be subtracted from the estimated gross payment as bid by the bidder. The estimated gross payment is the sum of the dollar values for each of the types of paper. The expected delivery costs are the number of trips by the respective Commonwealth trucks times the number of miles to and from the bidder's facility times the cost per mile for the respective trucks. There is one set of costs for the first 15 miles and an additional set for miles in excess of 15. The bidder's bid collection charge is the sum of the three collection prices times the respective estimated number of collections to be made annually by the bidder. Line #27 of the “Paper Contract Bid Form” will generate the actual bid price used for bidder comparison. CONTRACT REPORTING a. Contractor shall be required to maintain and furnish monthly reports. These monthly reports must contain, at least, the following: -generating agency -paper class (sorted office, corrugated or News #6) -monthly weight amount receipted -price (derived as stated in contract) -date of report b. Contractors will be responsible for completing the Surplus Property Receipt (Attachment A) c. All weight slips , Surplus Receipts and monthly reports should be sent to: [email protected]

-Michelle Thrush, procurement -Department of General Services -2221 Forester Street,Room 46G

Harrisburg, PA 17125

d. A copy of the monthly report (either aggregated or not) should be sent to both of the following persons. The report can be emailed or mailed to the listed addresses:

[email protected] or mailed to: Robin DePetro, wastepaper commodity specialist

Department of General Services Forum Place 6th floor

555 Walnut StHarrisburg, PA 17101-1914 And

[email protected] or mailed to: John Rarig, recycling coordinator Department of General Services

G-51, 2221 Forster St. Harrisburg, PA 17125

PAYMENT: Contractor shall pay the Commonwealth for all the wastepaper it receives from the Commonwealth under the Contract as follows: 1. Contractor shall utilize the first issue of each month in which wastepaper is received of the Official Board Markets Yellow Sheet publication, by taking the low dollar amount of each wastepaper category stated below from the Yellow Sheet index, the Buffalo market, and multiplying it by the percentage set forth in the bid to arrive at the amount per ton Contractor shall pay the Commonwealth for all wastepaper received by Contractor from the Commonwealth. 2. Payment for wastepaper received in any given month is due by the 30th day of the following month. A late charge of 1.5% per month will be applied if payment is not received within this period. 3. Contractor shall utilize theDelivery Reciept/Invoice (See Attachment A) forms and weight slips to compute the weight by type of all wastepaper received in a given month. 2. Contractor shall make all checks payable to the Commonwealth of Pennsylvania. The contractor will send payment, copies the approved totals forms, weight slips, pick-up orders, and Contractor worksheets used to compile the total amount due the Commonwealth, to:

Department of General Services Bureau of Supplies and Surplus Operations State Surplus Property Division PO Box 1365, Harrisburg, PA 17105

COMMUNICATIONS: All official communications between the parties hereto shall be in writing and directed to: -The Contractor address ( as specified in the Bid Invitation) -The Chief of Surplus Property Division P.O. Box 1365 2221 Forester Street, Harrisburg, PA 17105 -The Commodity Specialist, Waste Paper Recycling address (as specified in contract)

Department of General Services GSSSO-81 Rev. 2/20/01

STANDARD CONTRACT TERMS AND CONDITIONS

FOR THE SALE OF STATE SURPLUS PROPERTY

If an award is made to a Bidder, the awarded Bidder shall receive an official notice of award. The awarded Bidder (Contractor) shall purchase the awarded items in accordance with these Standard Contract Terms and Conditions For the Sale of State Surplus Property:

1. TERM OF CONTRACT

The term of the Contract shall commence on the later of the Effective Date (the date the notice of award is sent to the Contractor after the contract has been executed by the Department of General Services and all approvals required by Commonwealth contracting procedures have been obtained) or the Commencement Date specified in the Contract. The Contract shall, subject to the other provisions of the Contract, end on the later of: a) payment in full for the awarded item(s); b) pick-up and removal of the awarded item(s) by the Contractor; or c) the date identified in the Contract. The Contract shall not be a legally binding contract until after a copy of the official notice of award has been sent to the Contractor. 2. INDEPENDENT CONTRACTOR

In performing its obligations under the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth. 3. COMPLIANCE WITH LAW

The contractor shall comply with all applicable federal and state laws and regulations and local ordinances in performing its obligations under the Contract. 4. ENVIRONMENTAL PROVISIONS

In performing its obligations under the Contract, the Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. 5. REMOVAL OF PURCHASED PROPERTY

Contractor shall furnish all labor and transportation, and pay for all costs for the removal of the purchased property. The Contractor shall notify the Property Agent, identified on the front of the Invitation For Bids – Bid Proposal, prior to removal of the purchased property. The employee or agent of the Contractor, who will remove the purchased property, shall provide the Property Agent or his representative with proper identification and authorization from the Contractor and shall sign a receipt at the time of removal of the purchased property.

1

Department of General Services GSSSO-81 Rev. 2/20/01 6. PAYMENTS Payment for the purchased property must be made by certified check, bank cashier’s check or money orders, payable to the “Commonwealth of Pennsylvania.” Personal checks, company checks or cash are not acceptable. 7. ACTUAL QUANTITIES When the Invitation For Bids – Bid Proposal specifies actual quantities, the Contractor will receive an invoice for the total amount of the items awarded to the Contractor. The Contractor will then be required to make final payment within ten (10) days from the date of the invoice. Upon receipt of the final payment, the Commonwealth will authorize the buyer, in writing, to take title to and remove the property. All property must be removed from sale site within ten (10) days after such authorization. Property which is not removed within the ten (10) day period will be regarded as abandoned and the Commonwealth shall have the right to dispose of it as it so desires. In addition, the Commonwealth will retain the following percentages of the final payment: $.01 through $250.00 – 50% of the final payment; $250.01 through $500.00 – 40% of the final payment; and $500.01 and up – 30% of the final payment. 8. ESTIMATED QUANTITIES

a. When the Invitation For Bids – Bid Proposal specifies estimated quantities, it shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual quantities of the property which become surplus to the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to sell only the property in such quantities as represent the actual quantities of the property which become surplus to the Commonwealth.

b. When the Invitation For Bids – Bid Proposal specifies estimated quantities, the

Commonwealth shall require the Contractor to pay an additional 50% of the total amount (based on the estimated quantities) within ten (10) days as additional security. Upon receipt of the additional security, the Commonwealth will authorize the Contractor to remove the purchased property. The property shall be removed within ten (10) days from receipt of the authorization and weighed, counted or measured under the surveillance of the Commonwealth Property Agent or representative. Actual quantities or amounts shall be certified in writing by the Commonwealth Property Agent or representative and forwarded to the Department of General Services where a final invoice will be prepared and forwarded to the Contractor for payment. Final payment shall be made within ten (10) days from the date of the invoice. Property which is not removed within the ten (10) day period will be regarded as abandoned and the Commonwealth shall have the right to dispose of it as it so desires. In addition, the Commonwealth will retain the following

2


Percentages of the final payment as liquidated damages: $.01 through $250.00 – 50% of the first payment; $250.01 through $500.00 – 40% of the final payment; and $500.01 and up – 30% of the final payment.

9. OVERDUE PAYMENT PENALTY AFTER 30 DAYS, UNPAID INVOICES WILL BE SUBJECT TO A 1 ½% INTEREST CHARGE PER MONTH. THE INTEREST WILL ONLY BE CHARGED TO THE OVERDUE PRINCIPLE. 10. SALES TAX All sales of State Surplus property are subject to the Pennsylvania retail sales tax unless an exemption certificate is filed by the buyer with the State Surplus Property Division, Department of General Services. 11. STATUS OF THE PROPERTY ALL STATE SURPLUS PROPERTY IS SOLD ON A “AS IS, WHERE IS” BASIS. THE DESCRIPTION OF EACH ITEM HAS BEEN COMPILED TO THE BEST OF THE COMMONWEALTH’S KNOWLEDGE AND BELIEF, HOWEVER, THE COMMONWEALTH EXTENDS NO GUARANTEE OR WARRANTY AS TO PROPERTY’S CONDITION AND THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. All bidders are invited and urged to inspect the property prior to the submission of bids. The Commonwealth will not furnish labor or equipment for the purpose of such inspections. Under no circumstances, will a refund or adjustment be made because of the failure of surplus property to meet the standards expected by the Contractor for the failure of the Contractor to inspect the property prior to sale. 12. INSPECTIONS The Department of General Services, State Surplus Property Division, reserves the right to inspect the Contractor’s premises prior to award and at any time during the term of the Contract. 13. HOLD HARMLESS Contractor shall be responsible for and agrees to indemnify and hold harmless the Department of General Services from damages to property or injuries (including death) to any person(s), including Contractor employees or agents by any other losses, damages, expenses, claims, demands, suits and actions by any party against the Commonwealth in connection with the performance by the Contractor under this Contract. 14. INSURANCE The Contractor shall, at its expense, procure and maintain during the term of the Contract, the following types of insurance, issued by companies acceptable to the

3

Department of General Services GSSSO-81 Rev. 2/20/01 Department and authorized to conduct such business under the laws of the Commonwealth of Pennsylvania.

a. Worker’s Compensation Insurance for all of the Contractor’s employees and those of any subcontractor, engaged in work at the site of the project as required by law.

b. Public liability and property damage insurance to protect the Commonwealth,

and the Contractor, and any and all subcontractors from claims for damages for personal injury (including bodily injury), sickness or disease accidental death and damage to property, including loss of use resulting from any property damage, that may arise from the activities performed under this Contract or the failure to perform under this Contract, whether such performance or nonperformance be by the Contractor, by any subcontractor, or by anyone directly or indirectly employed by either. The limits of such insurance shall be in an amount not less than $500,000 each person and $2,000,000 each occurrence, personal injury and property damage combined. Such policies shall be occurrence rather than claims-made policies and shall name the Commonwealth of Pennsylvania as an additional insured. The insurance shall not contain any endorsements or any other form designated to limit and restrict any action by the Commonwealth, as an additional insured, against the insurance coverage in regard to work performed for the Commonwealth.

Prior to commencement of the work under the Contract and during the term of the contract, the Contractor shall provide the Department with current certificates of insurance. These certificates shall contain a provision that the coverages afforded under the policies will not be cancelled or changed until at least thirty (30) days’ written notice has been given to the Department. 15. DEFAULT

a. The Commonwealth may, in addition to its other rights under the Contract, declare the Contractor in default by written notice thereof to the Contractor, and terminate (as provided in Paragraph 16, Termination Provisions) the whole or any part of the Contract for any of the following reasons:

1) Failure to remove the purchased property within the time period

specified in the Contract or as otherwise specified;

2) Improper removal of the purchased property;

3) Failure to pay for the purchased property within the time period specified in the contract;

4) Insolvency or bankruptcy;

4


5) Assignment made for the benefit of creditors;

6) Failure to protect, to repair, or to make good any damage or injury to Commonwealth property.

b. In the event that the Commonwealth terminates the Contract in whole or in part as

provided in Subparagraph a. above, the Commonwealth may sell, upon such terms and in such manner as it determines, the purchased property and the Contractor shall be liable to the Commonwealth for any reduction in the purchase price of the purchased property.

c. The rights and remedies of the Commonwealth provided in this paragraph shall not

be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

d. The Commonwealth’s failure to exercise any rights or remedies provided in this

paragraph shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default.

e. Following exhaustion of the Contractor’s administrative remedies as set forth in

Paragraph 17, the Contractor’s exclusive remedy shall be to seek damages in the Board of Claims.

16. TERMINATION PROVISIONS The Commonwealth has the right to terminate the Contract for any of the following reasons. Termination shall be effective upon written notice to the Contractor.

a. TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate the Contract for its convenience if the Commonwealth determines termination to be in its best interest. The Contractor shall pay for all property removed by the Contractor prior to the effective date of the termination, but in no event shall the Contractor be entitled to recover loss of profits.

b. TERMINATION FOR CAUSE: The Commonwealth shall have the right to

terminate the Contract for Contractor default upon written notice to the Contractor. The Commonwealth shall also have the right, upon written notice to the Contractor, to terminate the Contract for other cause as specified in the Contract or by law. If it is later determined that the Commonwealth erred in terminating the Contract for cause, then, at the Commonwealth’s discretion, the Contract shall be deemed to have been terminated for convenience under the subparagraph 16.a.

5

Department of General Services GSSSO-81 Rev. 2/20/01 17. CONTRACT CONTROVERSIES In the event of a controversy or claim arising from the Contract, the Contractor must, within six months after the cause of action accrues, file a written notice of controversy or claim with the Director, Bureau of Supplies and Surplus Operations, Department of General Services for a determination. The Director shall send his/her written determination to the Contractor. The decision of the Director shall be final and conclusive unless, within thirty (30) days after receipt of such written determination, the Contractor files a claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed diligently with the performance of the Contract in a manner consistent with the interpretation of the Director and the Commonwealth shall compensate the Contractor pursuant to the terms of the Contract. 18. ASSIGNABILITY AND SUBCONTRACTING

a. Subject to the terms and conditions of this Paragraph 17, the Contract shall be binding upon the parties and their respective successors and assigns.

b. The Contractor shall not subcontract with any person or entity to perform all or any

part of the work to be performed under the Contract without the prior written consent of the Department of General Services, which consent may be withheld at its sole and absolute discretion.

c. The Contractor may not assign, in whole or in part, the Contract or its rights,

duties, obligations, or responsibilities hereunder without the prior written consent of the Department of General Services, which consent may be withheld at its sole and absolute discretion.

d. For the purposes of the Contract, the term “assign” shall include, but shall not be

limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company.

e. Any assignment consented to by the Department of General Services shall be

evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned.

f. A change of name by the Contractor, following which the Contractor’s federal

identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give the Department of General Services written notice of any such change of name.

6 Department of General Services

GSSSO-81 Rev 2/20/01 19. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE During the term of the Contract, the Contractor agrees as follows:

a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor shall or any person acting on behalf of the Contractor or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in

any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or color.

c. The Contractor and any subcontractors shall establish and maintain a written sexual

harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.

d. The Contractor shall not discriminate by reason of gender, race, creed, or color

against any subcontractor or supplier who is qualified to perform the work to which the contract relates.

e. The Contractor and each subcontractor shall furnish all necessary employment

documents and records to and permit access to its books, records, and accounts by the contracting officer and the Department of General Services’ Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting officer or the Bureau of Contract Administration and Business Development.

f. The Contractor shall include the provisions of this Nondiscrimination/Sexual

Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.

g. The Commonwealth may cancel or terminate the Contract, and all money due or to

become due under the Contract may be forfeited for a violation of the terms and conditions of the Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with

7

Department of General Services

GSSSO-81 Rev. 2/20/01

Debarment or suspension and may place the Contractor in the Contractor Responsibility File.

20. CONTRACTOR INTEGRITY PROVISIONS

a. For purposes of this clause only, the words “confidential information,” “consent,” “contractor,” “financial interest,” and “gratuity” shall have the following definitions:

1) Confidential Information means information that is not public

knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

2) Consent means written permission signed by a duly authorized

officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of execution of this agreement.

3) Contractor means the individual or entity that has entered into the

Contract with the Commonwealth, including directors, officers, partners, managers, key employees and owners or more than a five percent interest.

4) Financial Interest means:

a) Ownership of more than a five percent interest in any

business; or

b) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

5) Gratuity means any payment of more than nominal monetary

value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

b. The Contractor shall maintain the highest standards of integrity in the performance

of the Contract and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth.

c. The Contractor shall not disclose to others any confidential information gained by

the virtue of the Contract.

8

d. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth.

e. The Contractor shall not, in connection with this or any other agreement with the

Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Commonwealth.

f. Except with the consent of the Commonwealth, neither the Contractor nor anyone

in privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under the Contract except as provided therein.

g. Except with the consent of the Commonwealth, the Contractor shall not have a

financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

h. The Contractor, upon being informed that any violation of these provisions has

occurred or may occur, shall immediately notify the Commonwealth in writing.

i. The Contractor, by execution of its bid and by the submission of any bills or invoices for payment pursuant thereto, certifies, and represents that he or she has not violated any of these provisions.

j. The Contractor, upon the inquiry or request of the Inspector General of the

Commonwealth or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refer to or concern the Field. Such information shall be retained by the Contractor for a period of three years beyond the termination of the Contract unless otherwise provided by law.

k. For violation of any of the above provisions, the Commonwealth may terminate

this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance

9

Department of General Services GSSSO-81 Rev 2/20/01

hereunder, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

21. CONTRACTOR RESPONSIBILITY PROVISIONS

a. The Contractor certifies, for itself and all its subcontractors, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarrment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit a written explanation of why such certification cannot be made before proceeding to perform under the Contract. The Commonwealth reserves the right to cancel the Contract without liability if the Contractor cannot so certify and the Commonwealth is not satisfied with the explanation

b. The Contractor also certifies, in writing, that, as of the date of its execution of the

bid/contract, it has no tax liabilities or other Commonwealth obligations.

c. The Contractor’s obligations pursuant to these provisions are ongoing from and after the award date of the Contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarrment.

d. The failure of the Contractor to notify the Commonwealth of its suspension or

debarrment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth.

e. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of

investigation incurred by the Office of State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarrment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarrment.

10 Department of General Services GSSSO-81 Rev. 2/20/01

f. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us/debarrment.htm or contacting the

Department of General Services Office of Chief Counsel

603 North Office Building Harrisburg, PA 17125

Telephone No. (717) 783-6472 FAX No. (717) 787-9138

22. AMERICANS WITH DISABILITIES ACT

a. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in the Contract or from activities provided for under the Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors.

b. The Contractor shall be responsible for and agrees to indemnify and hold harmless

the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.

23. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or agency has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commonwealth shall have the right to terminate the 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. 24. APPLICABLE LAW The Contract shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to

11


http://www.dgs.state.pa.us/debarrment.htm

the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law. 25. INTEGRATION The Contract is comprised of the Invitation For Bids – Bid Proposal, and all documents referenced in the Invitation For Bids – Bid Proposal, and constitutes the entire agreement between the parties. No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Contract, which is any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. All such amendments will be made using the appropriate Commonwealth form.

12


GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS FOR THE SALE OF SURPLUS STATE PROPERTY

1. SUBMISSION OF BIDS:

a. Bids are requested for the item(s) described in the Invitation for Bids-Bid Proposal for the Sale of Surplus State Property form and the documents referenced on the form (collectively called the IFB). Bidders must complete the IFB Form, including: name and address of Bidder, federal identification number or social security number; Bidder contact person; telephone number; fax number and e-mail address. Bid prices must be typewritten or in ink. Bidders must properly sign the IFB Form in ink. Bids which are priced or signed in pencil will be rejected.

b. The IFB, as well as the other documents required by the IFB (collectively referred

to as the “Bid”), shall be enclosed and sealed in an envelope which is clearly marked “Bid” and includes the assigned contract number. It is the responsibility of each Bidder to ensure that its Bid is received at the Department of General Services Bid Opening Room (shown on the cover sheet) prior to the date and time set for the opening of Bids, regardless of medium used. If a Bidder decides to mail in its Bid, the Bidder should allow adequate time for delivery. No Bid shall be considered if it arrives at the Department of General Services Bid Opening Room (shown on the cover sheet) after the date and time set for Bid opening. In the event that, due to inclement weather, natural disaster, or other cause, the Commonwealth offices are officially closed on the date scheduled for Bid opening, the Bid opening date shall be automatically postponed until the next Commonwealth business day, unless the Bidders are otherwise notified by the Department of General Services. The Bid opening time shall remain the same.

c. Bids must be firm. If a Bid is submitted with conditions or exceptions or not in

conformance with the terms and conditions referenced in the IFB, it shall be rejected. The Bid shall also be rejected if the items offered by the Bidder are not in conformance with the specifications as determined by the Department of General Services.

2. QUESTIONS: Any questions concerning conditions and instructions in the IFB must be directed to the Department of General Services, to the attention of the Chief, Surplus State Property Division. Any questions concerning the property should be directed to the Property Agent referenced on the cover sheet of the IFB. 3. BIDDER’S REPRESENTATION AND AUTHORIZATION:

a. Each Bidder, by making its Bid, understands, represents, and acknowledges that:

1) The Bidder has read and understands the terms and conditions of the IFB and the Bid is made in accordance with those terms and conditions.

2) The item(s) offered in the Bid will be in conformance with the

specifications referenced on the IFB without exceptions.

3) The price(s) and amount of the Bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder.

4) Neither the price(s) nor the amount of the Bid, and neither the

approximate price(s) nor the approximate amount of the Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before Bid opening.

5) No attempt has been made or will be made to induce any firm or person to

refrain from bidding on the contract, or to submit a bid higher than the Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

6) The Bid is made is good faith and not pursuant to any agreement or

discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

7) To the best of the knowledge of the person signing the Bid for the Bidder,

the Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as disclosed by the Bidder in its Bid.

8) Neither the Bidder, nor any subcontractors, nor any suppliers are under

suspension or debarment by the Commonwealth, or any governmental entity instrumentality, or authority, and if the bidder cannot so certify, then it shall submit, along with the Bid, a written explanation of why such certification cannot be made.

9) To the best of the knowledge of the person signing the Bid for the Bidder,

and except as otherwise disclosed by the Bidder in its Bid, the Bidder has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Bidder that is owed to the Commonwealth.

10) The Bidder has not, under separate contract with the Department of

General Services, made any recommendations to the Department of General Services concerning: the IFB, the sale of

2

the supplies described in the IFB, or the market price for the supplies described in the IFB.

11) All information provided by, and representations made by, the Bidder in

the Bid are material and important and will be relied upon by the Commonwealth in awarding the contract. Any misstatement shall be treated as fraudulent concealment from the Commonwealth of the true facts relating to the submission of the Bid. A misrepresentation shall be punishable under Section 4904 of Title 18 P.C.S.A.

b. Each Bidder, by making its Bid, authorizes all Commonwealth agencies to release

to the Commonwealth information related to liabilities to the Commonwealth including, but not limited to taxes, unemployment compensation, and workers’ compensation liabilities.

c. If an award is made to the Bidder, the Bidder agrees that it tends to be legally

bound to the contract which is formed between the Commonwealth and the Bidder.

4. PRICES: The successful Bidder will be required to purchase the awarded items at the prices quoted in its Bid. 5. BID SECURITY: All Bidders must submit, with their Bids, bid security in the amount of twenty-five thousand dollars ($25,000). Bid security received after bid opening time and date shall cause the bid to be rejected. Bid security must be in the form of a bid bond, a specific performance bond, an irrevocable letter of credit or a certificate of deposit, all in a form acceptable to the Commonwealth, or a certified check or bank cashier’s check drawn to the order of the “Commonwealth of Pennsylvania.” All bid security must be conditioned for acceptance of award or faithful performance of the terms of the contract is awarded. In lieu of one of the forms of bid security listed above, bidders may file and are encouraged to file with the Department of General Services an annual bid and performance bond, which must be in sufficient amount to cover all bids which may be submitted by the Bidder during a calendar year period. No other forms of bid security shall be acceptable. If a bid bond is used, the Bidder must, within ten (10) days after notification, replace the bid bond with performance security in the form of a specific performance bond, an irrevocable letter of credit, a certificate of deposit, an annual bid and performance bond, all in a form acceptable to the Commonwealth or a certified check or a bank cashier’s check. Failure to replace a bid bond within this time frame may result in award to another bidder, and the Bidder, who did not replace the bid bond, shall be responsible for any increase in cost. Where the Bidder does not comply with the bid or contract, the amount of the Commonwealth’s damages shall be liquidated to the amount of the proceeds of the check, performance bond, letter of credit, certificate of deposit, or escrow account or the Commonwealth may, at its option, bring action against the Bidder or its surety for the damages which it has suffered for any breach of contract, in which case, security held by the Commonwealth shall be applied as a credit in such action for damages.

3

Checks shall be returned to those bidders whose Bid is not accepted. A check submitted by the successful Bidder shall be applied to the purchase price of the awarded item(s). If an irrevocable letter of credit, certificate of deposit, or escrow account is submitted, the document must require the financial institution to pay to the Commonwealth, upon written notice, the amount demanded by the Commonwealth up to the amount of the irrevocable letter of credit, escrow account, or certificate of deposit. 6. BIDS BY DEPARTMENT OF GENERAL SERVICES EMPLOYEES: Employees (or their agents) of the Department of General Services are forbidden from purchasing State Surplus Property, and therefore, any bid proposal submitted by a Department of General Services employee will be rejected. 7. MODIFICATION OR WITHDRAWAL OF BID:

a. Bid Modification Prior to Bid Opening. Bids may only be modified by written notice received at the Department of General Services Bid Opening Room prior to the exact hour and date specified for Bid opening. The written notice shall specifically identify the Bid to be modified and shall be signed by the Bidder. The bid modification must be received in a sealed envelope and the envelope must identify the assigned contract number and the Bid opening date, and should state that enclosed in the envelope is a Bid modification. Modifications of Bids received after the exact hour and date specified for receipt of Bids shall not be considered.

b. Bid Withdrawal Prior to Bid Opening. Bids may be withdrawn by written,

facsimile, or telegraphic notice received at the Department of General Services Bid Opening Room location prior to the exact hour and date specified for Bid opening. The notice shall specifically identify the Bid to be withdrawn and shall be signed by the Bidder. If by a telegram, written confirmation over the signature of the Bidder must have been mailed and postmarked on or before the date and time set for Bid opening. A Bid may also be withdrawn in person by a Bidder or his authorized representative prior to the exact hour and date specified for Bid opening, provided the person’s identity is made known and the person signs a receipt for the Bid.

c. Bid Withdrawal After Bid Opening. Bidders are permitted to withdraw erroneous

Bids after Bid opening only if the following conditions are met:

1) The Bidder submits a written request for withdrawal.

2) The Bidder presents credible evidence with the request that the reason for the lower Bid price was a clerical mistake as opposed to a judgment mistake and was actually due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material, or services made directly in the compilation of the Bid.

4

3) The request for relief and supporting evidence must be received by the Buyer for the Department of General Services referenced on the IFB within three (3) business days after Bid opening, but before award of the contract.

4) The Department of General Services shall not permit a Bid withdrawal if

the Bid withdrawal would result in the award of the contract on another Bid of the same Bidder, its partner, or a corporation or business venture owned by or in which the Bidder has a substantial interest.

5) If a Bidder is permitted to withdraw its Bid, the Bidder cannot supply any

material or labor or perform any subcontract or other work agreement for the awarded contractor, without the written approval of the Department of General Services.

d. Firm Bid. Except as provided above, a Bid may not be modified, withdrawn, or

cancelled by any Bidder for a period of sixty (60) days following the time and date designated for Bid opening, unless otherwise specified by the Bidder in its Bid. If the lowest responsible Bidder, as determined by the Department of General Services, withdraws its Bid prior to the expiration of the award period or fails to comply with the requirements set forth in the IFB including but not limited to any requirement to submit performance security or insurance certificates within the required time period, the Bidder shall be liable to the Commonwealth for all costs and damages associated with the re-award or re-bid including the difference between the Bidder’s price and the actual cost that the Commonwealth pays for the awarded items.

e. Clarification and Additional Information. After the receipt of Bids, the

Department of General Services shall have the right to contact Bidders for the purpose of seeking:

1) Clarification of the Bid which confirms the Department of General

Services’ understanding of statements or information in the Bid or;

2) Additional information on the items offered; provided the IFB does not require the rejection of the Bid for failure to include such information.

8. REJECTION OF BIDS: The Department of General Services reserves the right to reject any and all Bids, to waive technical defects or any informality in Bids, and to accept or reject any part of any Bid if the best interests of the Commonwealth are thereby served. 9. AWARDS: Unless all Bids are rejected, and except as otherwise provided by law, award will be made, through the issuance of a notice of contract award, to the highest responsible and responsive Bidder. Unless otherwise specified, the Department of General Services reserves the right to award by item or on a total Bid basis, whichever is deemed more advantageous to the Commonwealth. In cases of discrepancies in

5

prices, the unit price will be binding unless the unit price is obviously in error and the extended price is obviously correct, in which case the erroneous unit price will be corrected. 10. THE BIDS: All tie Bids will be broken by the Department of General Services. 11. BID PROTEST PROCEDURE:

a) Who May File The Protest. Any actual or prospective Bidder who is aggrieved in connection with the solicitation or award of the contract may file a protest.

b) Time and Place For Filing.

1) A protest on improprieties in solicitations must be filed by prospective

Bidders before Bid opening time. Actual Bidders may file a protest within seven (7) days after the protesting Bidder knows or should have known of the facts giving rise to the protest. Date of filing is the date of receipt of protest.

2) The Department of General Services for good cause may consider any

untimely protest.

3) A protest must be in writing and filed with the Deputy Secretary for Procurement, Department of General Services.

c) Notice of Protest. The Department of General Services shall notify the successful

Bidder, by registered mail, of the protest if award has been made. If the protest is received before award and substantial issues are raised by the protest, all Bidders who appear to have a substantial and reasonable prospect of winning the award shall be notified by registered mail, and may file their agreement/disagreement with the Department of General Services within three (3) days after receipt of notice of protest.

d) Stay of Procurement. The Department of General Services will immediately

decide upon receipt of the protest whether or not the award of a contract shall be delayed, or if the protest is timely received after the award, whether the performance of the contract should be suspended. The Department of General Services shall not proceed further with the solicitation or with the award of the contract and shall suspend performance under the contract, if awarded, unless: the Department of General Services makes a written determination that the protest is clearly without merit or that award of the contract without delay is necessary to protect the substantial interests of the Commonwealth.

e) Procedures: The Department of General Services may decide the merits of a

protest on the written, submitted documentation. However, if the Department of General Services deems the protest to be complex, an informal conference may be held before reaching a decision.

6

f) Decision. The Department of General Services shall promptly, but in no event later than 120 days from the filing of the protest, issue a written decision. The decision shall:

1) State the reasons for the action taken.

2) Inform the Protesting Bidder of its right to file an action in

Commonwealth Court within fourteen (14) days of the receipt of the decision.

A copy of the decision shall be delivered by registered mail to the protesting Bidder and any other person determined by the Department of General Services to be affected by the decision.

November 1, 1999/General Conditions & Instructions to Bidders for Surplus

7

In addition, the Office of General Counsel has delegated to the Department of General Services’ Office of Chief Counsel the authority to sign these forms on behalf of the Office of General Counsel. The signature delegation dollar ceiling for Office of General Counsel approval is $500,000.00. This signature delegation is also subject to the conditions that the forms must be used without deviation to their standard provisions, including the waiver or deletion of any provisions. Neither the form approval nor the signature delegation eliminates the requirements for approval of each Department of General Services contract by the Department’s Office of Chief Counsel. Each and every contract executed by the Department of General Services using these forms must be sent to the Department of General Services’ Office of Chief Counsel for approval as to form and legality. As in the past, this Office will require your assistance in preparing the periodic reports to the Office of General Counsel and the Office of Attorney General concerning usage of these forms. You should begin using these forms immediately. You should discontinue use of the old forms which the Bureau previously used for the sale of state surplus property. GFA/kll Form Approvals – Wolf.doc

Attachment

Instructions For Completing the Commonwealth Of Pennsylvania

Wastepaper Recycling- Harrisburg/ Capitol Area Contract #CN00021643 Bid Sheet Bidders must bid on all categories of wastepaper to be delivered by the Commonwealth. Bidders must also submit a bid price for providing transportation of a limited number of bulk quantities of wastepaper and toll booth ticket collection from Commonwealth facilities in the Harrisburg area. Bidders shall also identify their location in terms of distance in miles (by vehicle) from the Capitol Complex in Harrisburg. NOTE: In order to be eligible for award of this Contract, a bidder's delivery location must be within a 20 mile radius of the Capitol Complex in Harrisburg, PA. Bidders must complete the attached Bid Sheet according to the instructions below. The completed Bid Sheet must be returned with the bidder's bid. Incomplete bids may be rejected. Areas to be completed by the contractor are highlighted in yellow. The numbers used in the Bid Sheet-- estimated annual tonnage (line 6), cost per mile (lines 10 and 11), and the expected number of deliveries (line 13) are derived from the Commonwealth's experience during the last two years; the quantities reflect realistic expectations for a typical year. These numbers are used for the purpose of bid comparison and to provide bidders with an approximation of what the Commonwealth expects to provide. These quantities are, however, estimates only; the actual quantities may be greater or less. With the exception of that paper which will be collected in bulk from time to time by the contractor, it is anticipated that the Commonwealth's wastepaper will be collected and delivered, by commonwealth employees in three commonwealth vehicles: two rear-load trash compactor trucks-- one dedicated to office paper, the other to corrugated-- and a box van which transports newspaper in "gaylord" boxes along with some office paper. This means that the contractor's facility must be capable of (1) receiving as much as 16 tons of loose paper on a floor protected from the weather in an area with height clearance of at least 25 feet and (2) removing paper loaded on standard pallets from a truck bed 45 inches high. The contractor will be responsible for the collection of turnpike tickets. This contract will involve four established paper classes as described below: Sorted Office paper-(referred to for bidding purposes as "sorted office paper") paper generated by state agency offices; not necessarily meeting the specifications of “sorted office paper” will be priced off of the “SOP” transacted paper stock - low grade price Corrugated containers- delivered loose; will be priced off of the “OCC” transacted paper stock – low grade price Newspapers, magazines & phone books- delivered in Gaylord boxes- will be priced off the “News (6)” transacted paper stock –low grade price. (will be delivered commingled or separated as the contractor submits written request) Tollbooth tickets- sample to be provided with bid package. Contracter will bid price which will include toll booth ticket collection. Contractor will pick-up at:

Turnpike Commission Building 700 Eisenhower Blvd. Middletown, PA 17057

BIDDERS MUST BID ALL ITEMS. The awarded bidder is required to accept and recycle all established classes of paper. The Commonwealth of Pennsylvania will not pay for wastepaper. If your bid is "NO payment," enter "0.00" in the space provided.

Line By Line Instructions: Line #3: These fields contain Official Board Markets Yellow Sheet index of 07-08-2006. These figures are recreated from the “Transacted Paper Stock Prices- Low Grades” Buffalo region. These fields are for comparison purposes and contractors shall not enter data or attempt to manipulate these fields. It is important for contractors to recognize that actual index prices change monthly. ( Also see Line # 4 instructions) Line #4: Under each of the first three categories of wastepaper—sorted office paper, corrugated containers, news #6 and old magazines & telephone books-- bidders shall bid on a percentage basis -- above, equal to, or below 100 percent, -- of the low prices quoted for each of the named categories for the Buffalo region of the Official Board Markets Yellow Sheet index of 07-08-2006. The Commonwealth (Department of General Services) will use the 07-08-2006 prices for the purpose of evaluating bids only. Beginning in Aug, 2006, the price index published on the first Saturday of each month in the Yellow Sheet will be the basis of payment for the wastepaper delivered during that month under the terms of the contract. Lines #5 through #8 : These cells will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate these fields. Contractors are encouraged to observe the estimations contained within the fields, however. Line # 9: The contractor shall enter the number of miles that the product will be transported to the destination. The number of miles should be calculated using the capitol building, located at Third Street & Walnut Street, Harrisburg, Pa, as the origination point Lines # 10 through 17: These cells will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate these fields. Contractors are encouraged to observe the estimations contained within the fields, however Line #18: The contractor will enter in a bid price (per ton) for the turnpike toll booth tickets. This price is based on the value of the tickets, and should not reflect the transportation costs to the contractor. The used toll tickets are card stock with an oxide strip imprinted on one side; a sample is provided with each bid package. The Turnpike Commission produces approximately 100 tons of tickets each year Line #19: This cell will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate this cell. Contractors are encouraged to observe the estimations contained within the cell, however. Line #20: Bidders shall offer a bid price for collecting used toll tickets from the Turnpike Commission building at 700 South Eisenhower Blvd., Middletown, PA. The contractor ‘s cost should be based upon the estimated 104 pick-ups per year from the Turnpike building. The contractor will provide wheeled “toter” containers (approximately 90 gallons each) for storage and transport purposes; approximately 12 toters are required at a time; therefore, 12 empty containers are to be delivered with every collection, generally twice a week. Bidders are welcome to inspect the Commission building prior to bidding. NOTE: Line 20 refers to only the collection of toll tickets, whereas Line # 18 concerns a price for the tickets themselves. Line #21: This cell will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate this cell. Contractors are encouraged to observe the estimations contained within the cell, however. Line #22: Bidders shall offer a bid price for providing a 40-yard compactor/container, or the equivalent, for corrugated containers, the price to include weekly collection and replacement with an empty container, the container to be located at the State Correctional Institution in Camp Hill, PA. Line #23: Bidders shall offer a bid price for collecting bulk quantities of paper from the Harrisburg area with a 40-foot box trailer. The vast majority of wastepaper will be delivered by Commonwealth trucks; however, there are

instances when it is more efficient to move paper from some areas on pallets or in large boxes. In a typical year, 38 such collections can be expected. Line #24 This cell will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate this cell. Contractors are encouraged to observe the estimation contained within the cell, however. Line # 25 The contractor will enter in a lease cost for two balers. These balers will be used at the Farm Show Complex building. This is an annual figure. Line # 26 This cell will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate this cell. Contractors are encouraged to observe the estimation contained within the cell, however. Line #27 This cell will automatically populate for the purpose of bid comparison. Contractors shall not enter data or attempt to manipulate this cell. Contractors are encouraged to observe the estimation contained within the cell, however. This cell will be utilized in the evaluation of bids as stated within the special terms and conditions.

COMMONWEALTH OF Pennsylvania DEPARTMENT OF GENERAL SERVICES GSSSO-79 (Rev. 11/99)

INVITATION FOR BIDS - BID PROPOSAL FOR

SALES OF SURPLUS STATE PROPERTY

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES

Bureau of Procurement Forum Place, 6th Floor

555 Walnut St Harrisburg, PA 17101

CONTRACT NUMBER: TYPE OF PROPERTY

CN00021643 WASTEPAPER RECYCLING

BID OPENING DATE: August 29 , 2006

BID OPENING TIME: 10:30 am LOCATION of the PROPERTY:

Harrisburg/Capitol Complex area

NAME, ADDRESS, TELEPHONE NUMBER AND FAX NUMBER OF THE PROPERTY AGENT:

Robin Depetro Bureau of Procurement 555 Walnut St, Forum Place Harrisburg, Pa 17101-1914 717.346.2674 fax- 717.214.9805

ITEM NO. DESCRIPTION OF THE PROPERTY

Wastepaper including all of the following: 1. Office paper (sorted office paper) (delivered loose) 2. Corrugated Containers (delivered loose) 3. News #6 (delivered loose) 4. Old Magazines (delivered loose) 5. Telephone Directories (delivered loose) 6. Turnpike tickets from Turnpike Commission 7. Compactor for corrugated paper and collection of that paper from the State Prison, Camp Hill, PA

SPECIAL REQUIREMENTS

Bidder must submit the following with their bids or no later than two business days after notification from the Department of General Services to furnish the information. Failure to submit this information prior to the second business day after notification shall result in rejection of the bid:

1. The specific delivery point(s) for the wastepaper. 2. Acknowledgement that the bidder will be prepared to accept delivery of each of the types of wastepaper from the Commonwealth as of September 1, 2006. 3. Acknowledgement that the bidder's facility is capable of receiving paper from Commonwealth trucks--compactor trucks which require a protected floor area with ceiling

clearance of 25 feet and a box van with a bed height of 45 inches. 4. A description of the bidder's paper processing facility, including plans for building or refitting. 5. Description of site security.

In order to be eligible for award of this Contract, a bidder's delivery location must be within a twenty (20) mile radius of the Capitol Complex in Harrisburg, PA.

Check here if continued on page 2DOCUMENTS INCORPORATED BY REFERENCE

In addition to this document, the following terms, conditions and specifications are included by reference in this Invitation For Bids:

1. General Conditions and Instructions to Bidders For The Sale of Surplus State Property 2. Standard Contract Terms and Conditions for the Sale of Surplus State Property 3. Special Contract Terms and Conditions for Contract Number CN00021643 4. Commonwealth Agency Wastepaper Contract #CN00021643 Bid Sheet 5. Instructions For Completing the Commonwealth Agency Wastepaper Contract # CN00021643 Bid Sheet. 6. Delivery receipt

Bidder's Name Street Address City and State Zip Code Federal I.D. No. Social Security No. Bidder Contact Person

WITNESSED OPENING

BOND • • CHECK CERT CASHIERS TREAS. $ ________________________________ _____________________For G.S.____ _____________________For Treas.__

Telephone No. Fax No. E-mail Address

SURPLUS PROPERTYRECEIPT/INVOICE

CONTRACTOR'S ADDRESS DEPARTMENT NAME AND ADDRESS INVOICE NO.

DATE OF PICKUP

CONTRACT NO.

COUNTY CODE/NAME

TELEPHONE NO.

Complete a separate form for each category of surplus removed and indicate actual quantities removed.

Choose One

Category Unit Price Total Amount

TRUCK WEIGHT

- LOADED WEIGHT: Tons $

- UNLOADED WEIGHT: Tons $

- WEIGHT DIFFERENCE: Tons $

CONTRACTOR'S SIGNATURE DATE DEPARTMENT'S SIGNATURE DATE

CURRUGATED CONTAINERS

NEWS#6, PHONE BOOKS & MAGAZINES

SORTED OFFICE PAPER

TURNPIKE TICKETS

C O M M O N W E A L T H O F P E N N S Y L V A N I A DEPARTMENT OF GENERAL SERVICES

H A R R I S B U R G

Subject: Wastepaper Recycling- Harrisburg/ Capitol

Complex Bid Number: CN00021643 Opening Date/Time: August 29, 2006 / 1:30 PM Flyer: 1 To All Bidders:

This bid opening time has been changed Original opening time 10:30am Corrected opening time 1:30pm

Please note that the scheduled date remains unchanged and is August 29,2006. Attach this flyer to the original copy of your invitation bid proposal. Failure to do so may result in bid disqualification. If you have already returned the original bid, return this flyer with your instructions, annotated or a cover memo attached, to: Bureau of Procurement, Bid Opening Room, 555 Walnut Street, 6th Floor Harrisburg PA 17101.

IF YOU ARE CHANGING PRICE(S), DO NOT FAX this flyer and/or cover memo; you must furnish these instructions in a sealed envelope. Please indicate the bid number and opening date/time on the outside of the envelope. Except as clarified and amended by this flyer, the terms, conditions, specifications, and instructions of the invitation to bid and any previous flyers, remain as originally written. Any questions concerning this bid direct to: Robin DePetro, Commodity Specialist at 717-346-2674 Very truly yours, ____________________________________ for Nicholas Kaczmarek, Chief Procurement Officer Bureau of Procurement


H A R R I S B U R G

Subject: Wastepaper Recycling/ Harrisburg , Capitol Area Complex Bid Number: CN00021643 Opening Date/Time: August 29, 2006 1:30p.m. Flyer: 2 To All Bidders: The Commonwealth of Pennsylvania, Department of General Services is presently issuing an indefinite suspension on the scheduled opening for this bid. The new opening date and time will be reposted as soon as possible. Attach this flyer to the original copy of your invitation bid proposal. Failure to do so may result in bid disqualification. If you have already returned the original bid, return this flyer with your instructions, annotated or a cover memo attached, to: Bureau of Procurement, Bid Opening Room, 555 Walnut Street, 6th Floor Harrisburg PA 17101.

IF YOU ARE CHANGING PRICE(S), DO NOT FAX this flyer and/or cover memo; you must furnish these instructions in a sealed envelope. Please indicate the bid number and opening date/time on the outside of the envelope. Except as clarified and amended by this flyer, the terms, conditions, specifications, and instructions of the invitation to bid and any previous flyers, remain as originally written. Any questions concerning this bid direct to: Robin DePetro, Commodity Specialist at: 717-346-2674 Very truly yours, ____________________________________ for Nicholas Kaczmarek, Chief Procurement Officer Bureau of Procurement


H A R R I S B U R G Subject: Wastepaper Recycling- Harrisburg/ Capitol

Complex Bid Number: CN00021643 Opening Date/Time: September 8, 2006/ 1:30p.m. Flyer: 3 To All Bidders:

The Opening Date has been re-scheduled

Please Note: The original opening date of August 29, 2006 was indefinitely suspended. The opening date has now been established at September 8,2006 at 1:30p.m.

The bid security has been removed

Please Note: The following clause is an addition to the Special Terms and Conditions for Wastepaper Recycling- Harrisburg/ Capitol Complex Area:

Notwithstanding the provisions set forth in GSSSO-80, General Conditions and Instructions to Bidders For the Sale of Surplus State Property, Paragraph 5, Bid Security, no bid security is required for this invitation for bid.

Attach this flyer to the original copy of your invitation bid proposal. Failure to do so may result in bid disqualification. If you have already returned the original bid, return this flyer with your instructions, annotated or a cover memo attached, to: Bureau of Procurement, Bid Opening Room, 555 Walnut Street, 6th Floor Harrisburg PA 17101.

IF YOU ARE CHANGING PRICE(S), DO NOT FAX this flyer and/or cover memo; you must furnish these instructions in a sealed envelope. Please indicate the bid number and opening date/time on the outside of the envelope. Except as clarified and amended by this flyer, the terms, conditions, specifications, and instructions of the invitation to bid and any previous flyers, remain as originally written. Any questions concerning this bid direct to: Robin DePetro, Commodity Specialist at 717-346-2674

Very truly yours, ____________________________________ for Nicholas Kaczmarek, Chief Procurement Officer Bureau of Procurement

Harrisburg/Capitol Complex area

Documents

Transcript of Harrisburg/Capitol Complex area