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FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 06, 2015 FBO #4822
DOCUMENT

59 -- Sale of Salvaged/Surplus Hearing Aids, Parts, and Accessories - Attachment

Notice Date

2/4/2015
 

Notice Type

Attachment
 

NAICS

334419 — Other Electronic Component Manufacturing
 

Contracting Office

Department of Veterans Affairs;VA Denver Acquisition & Logistics Center;(003A4D);555 Corporate Circle;Golden CO 80401-5621
 

ZIP Code

80401-5621
 

Solicitation Number

VA79115B0011
 

Archive Date

3/16/2015
 

Point of Contact

Steve Wilson
 

Small Business Set-Aside

N/A
 

Description

SEALED BID: SALVAGED/SURPLUS HEARING AID PARTS AND ACCESSORIES SALE NO: BID OPENING - DATE/TIME:March 10, 2015 1:30 PM Mountain Standard Time BID OPENING - LOCATION:DEPARTMENT OF VETERANS AFFAIRS DENVER ACQUISITION & LOGISTICS CENTER 555 CORPORATE CIRCLE ROOM 223 Conference Room GOLDEN, CO 80401 INSPECTION - DATE/TIMEFebruary 24 - 26, 2015 Between 9:00am and 3:00pm Local Time DEPARTMENT OF VETERANS AFFAIRS DENVER ACQUISITION & LOGISTICS CENTER 555 CORPORATE CIRCLE ROOM 223 Conference Room GOLDEN, CO 80401 INSPECTION BY APPOINTMENT ONLY RETURN WITH BID SALE OF GOVERNMENT PROPERTY-BID AND AWARDINVITATION FOR BIDS NO. VA791-15-b-0011PAGE NO. 21FORM APPROVED OMB NO. See Below ISSUED BY CONTRACTING (049A2-4C), VA DENVER ACQUISITION AND LOGISTIC CENTER, PO BOX 25166, DENVER, COLORADO 80225-0166ADDRESS YOUR BID TO (SEE PAGE 5, Paragraph 4 ) FOR INFORMATION CONTACT (Name & tel. no.) Steve Wilson (303)2734-6215 OR EMAIL Steve.wilson4@va.govBIDS WILL BE OPENED AT (Place, date and time) VA DENVER ACQUISITION AND LOGISTICS CENTER, 555 Corporate Circle, ROOM 223 Conference Room, Golden, CO 80401 March 10, 2015 1:30 Local Time ______________________________________________SEALED BIDS_________________________________________________ One (1) copy of Sealed bids for purchasing any or all items listed on the accompanying schedule will be received at the place designated above until the date and time specified above and at that time publicly opened. (Copies of these forms, if not attached, are on file at the issuing office and are available upon request) Bidder is required to pay for any or all of the items listed on the Item Bid pages(s) as part of this Bid, at the price sent opposite each item. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ _______________________________________________SUBJECT TO_________________________________________________ (1) SF 114C, General Sale Terms and Conditions Attached (2) Other Special Terms and Conditions Attached (3) Bidder is required to pay for any or all of the items listed on the Item Bid page(s) as part of this Bid, at the price set opposite each item, within 7 calendar days after date of award, and to remove the property within 14 calendar days after date of award by the Government. BID (This.5ection to be completed by the Bidder) In compliance with the above, the undersigned offers and agrees, if this Bid is accepted within calendar days (60 calendar days if no period is specified by the Government or the Bidder, but not less than 10 calendar days in any case) after date of Bid opening, to pay for and remove the property. The total amount of the Bid(s) is $ and attached is the bid deposit, when required by the Invitation, in the form(s) of, in the amount of $. (BID DEPOSIT NOT REQUIRED) BIDDER REPRESENTS THAT: (Check appropriate boxes) (1) He/She 0 has, 0 has not, inspected the property on which he/she is bidding. (2) He/She 0 is, 0 is not, an 0 individual or a 0 small business concern. (See CFR, Title 13, Chapter I Part 121, See. 121.3-9, for the definition of small business.) (Complete the following only if the total amount of the bid(s) exceeds $25,000) (3) (a) He/She 0 has, 0 has not, employed or retained any company or person (other than a full-time, bona fide employee working solely for the Bidder) to solicit or secure this contract, and (b) He/she 0 has, 0 has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the Bidder) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and (c) Bidder agrees to furnish information relating to (a) and (b), above, as requested by the Contracting Officer. (For interpretation of the representation, including the term "bona fide employee," see CFR, Title 41, Subpart 101-45.3.) NAME AND ADDRESS OF BIDDER (Street. city, state & ZIP Code) (Type or print) SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID TELEPHONE NUMBER: BIDDER IDENTIFICATION NO. (If applicable) : SIGNER'S NAME & TITLE (73W or print DATE OF BID ACCEPTANCE BY THE GOVERNMENT (This section for Government use only) ACCEPTED AS TO ITEM(S) NUMBERED UNITED STATES OF AMERICA BY (Contracting Office)DATE OF ACCEPTANCE TOTAL AMOUNT CONTRACT NUMBER(S) NAME AND TITLE OF CONTRACTING OFFICER 114-109* U.S. Government Printing Office: 1986-491-248140092STANDARD FORM 114 (Rev. 5-78) Prescribed by GSA FPMA (41 CFR) 101-45.3 RETURN WITH BID INVITATION FOR BID NO. VA791-15-B-0011 BID SCHEDULE SALE OF GOVERNMENT PROPERTY - ITEM BID PAGE - SEALED BID LOTDESCRIPTIONAPPROX. WEIGHTAPPROX. QUANTITYBID PRICE Lot 11 box BTE hearing aids20 lbs. 11 oz 2,648 $ Lot 21 box BTE hearing aids20 lbs. 5 oz 2,096 $ Lot 31 box BTE hearing aids21 lbs. 8.5 oz 2,646 $ Lot 41 box ITE hearing aids18 lbs. 2.5 oz 3,057 $ Lot 51 box ITE hearing aids17 lbs. 11 oz 2,358 $ Lot 61 box ITE hearing aids17 lbs. 3.5 oz 2,623 $ Lot 71 box ITE hearing aids16 lbs. 15.5 oz 2,360 $ Lot 81 box ITE hearing aids17 lbs. 12 oz 2,989 $ Lot 91 box ITE hearing aids17 lbs. 10 oz 2,968 $ Lot 101 box remote controls & power supplies35 lbs. 1.5 oz 323 $ Lot 111 box remote controls & power supplies33 lbs. 0.5 oz 222 $ Lot 121 box remote controls & power supplies32 lbs. 3 oz 260 $ Lot 131 box remote controls & power supplies31 lbs. 8.5 oz 303 $ Lot 141 box remote controls & power supplies31 lbs. 2 oz 281 $ Lot 151 box remote controls & power supplies29 lbs. 14 oz 243 $ Lot 161 box remote controls & power supplies34 lbs. 14 oz 313 $ Lot 171 box remote controls & power supplies33 lbs. 3oz245 $ Lot 181 box remote controls & power supplies36lbs 10oz275 $ Lot 191 box miscellaneous recievers1 lb 12.6oz572 $ Lot 20Flex Fit 3 Service Kit13lb 14oz60 $ Lot 21Eyeglass Hearing Aids & Accessories5lbs 2.3oz $ Eyeglass Hearing Aids101 Temple Extensions239 Cases10 Lot 22Miscellaneous Accessories7lbs 12.5oz $ Cord Cros 10in4 Cord Cros 9in-PHO4 Dome 10mm Large Vented60 Eartip Short 1 12pk Comply4 ERHK Cros Adapter M140 Screen Standard BTE 5PK65 Seal STD Super Refill Neutral15 Tube Std Snaplock Clear W/Male600 Griptip Small RGHT Vented Ric164 Waxguard Hear Clear60 Miscellaneous Battery Doors19,750 Miscellaneous Ear Hooks1,330 DO NOT RETURN WITH BID SUPPLEMENTAL GENERAL INFORMATION AND INSTRUCTIONS 1. Sale Date and Time: March 10, 2015 at 1:30 P.M. Local Time at place of bid opening. 2. Place: Department of Veterans Affairs, Denver Acquisition and Logistics Center, 555 Corporate Circle, Room 223 Conference Room, Golden, Colorado 80401. 3. Inspection Date and Time: February 24 through February 26, 2015 9:00 A.M. TO 3:00 P.M. BY APPOINTMENT ONLY. 4. Submission of Bid. The "Bid" Schedule of SF 114 of this Invitation for Bid must be completely filled out. If the bidder is a corporation or a partnership, the full name of the firm, the signature of the person authorized to sign, and his or her full title must be shown. The envelope containing bids must be sealed and must be marked in the upper left hand corner with the name and address of bidder and in the lower left hand corner with the sale number and bid opening date and time. PREPARE ENVELOPE AS INDICATED BELOW. NAME ADDRESS OF BIDDER (ZIP CODE) (YOUR ENVELOPE) BID - SALE NO. OPENING DATE: Bids Shall be Received at the Following Address: Hand DeliveredMailed Department of Veterans AffairsDepartment of Veterans Affairs Denver Acquisition and Logistics Center Denver Acquisition and Logistics Center 555 Corporate CirclePO Box 25166 Room 2-16Denver, CO 80225-0166 Lakewood, CO 80228-1709 5. Electronic Communication: Electronic Bids will not be considered. 6. Modifications of Bids: Bids may be modified or withdrawn prior to the time set for bid opening by written or telegraphic notice or in person by the bidder or his/her authorized representative. Bid modifications must be sent to: Department of Veterans Affairs, Denver Acquisition and Logistics Center, 555 Corporate Circle, Golden, Colorado 80401, Attn: Steve Wilson. 7. "No Bid" Responses: "No Bid" responses are not required to be submitted for this sale for a person or firm to be eligible to continue to receive sales offerings. 8. Bid Deposits: Bid Deposits are not required by this invitation for bid. 9. Results of Sale: Information as to the result of the sale will be provided after the bid opening. Information may be obtained from Department of Veterans Affairs, Denver Acquisition & Logistics Center, 555 Corporate Circle, Golden, Colorado 80401, or by an email request sent to steve.wilson4@va.gov. 10. Sales to Government employees: To the extent not prohibited by the regulations of an Executive agency, an employee of such agency (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) may be allowed to purchase Government personal property under procedures and safeguards which are adequate to preclude collusion and fraud. The term "employee" as used herein includes an agent or immediate member of the household of the employee. VA employees are ineligible. 11. The Government reserves the right to reject any or all bids. 12. Inspection: Property will be made available for inspection during the period February 24 -26, 2015 from 9:00 A.M. - 3:00 P.M. BIDDERS MUST ARRANGE FOR AN APPOINTMENT WITH THE CUSTODIAN SPECIFIED BELOW PRIOR TO ANY INSPECTION DURING THIS PERIOD. 13. Location of Property: VA Denver Acquisition & Logistics Center, 555 Corporate Circle, Golden, Colorado 80401. 14. Custodian & Inspection Appointment: Chris Hollingsworth, 303-273-5226 15. Payments: Paragraph 4 entitled "Forms of Bid Deposit and Payments" of SF 114 C "Sale of Government Property General Sale Terms and Conditions" is deleted and replaced by the following payment terms: A. Payment must be made in the form prescribed in this bid and made payable to the Department of Veterans Affairs. Payments can be made by Electronic Funds Transfer. B. Acceptable forms of payment are: 1. Cashier's Checks 2. Personal or Business checks only WHEN ACCOMPANIED BY AN INFORMAL BANK LETTER OR CREDIT GUARANTEEING PAYMENT. Such letters must be issued on the bank's letterhead, state that the credit of the named individual or corporation is guaranteed up to a specified amount and through a specified date (which meets or exceeds the bid evaluation period outlined on Page 2, Sealed Bids section, Item (3) of SF 114). These letters must also state that they cover the purchase of U.S. GOVERNMENT property offered under this sale number only: (VA791-15-IB-0011) 3. Money Orders 4. Traveler's Checks 5. Government Checks (Federal, State and local Government) 6. Credit Union Checks (Federal or State Chartered Credit Unions). 7. Electronic Funds Transfer C. Personal or Business checks not accompanied by a bank letter of credit (as outlined above) cannot be accepted as payment and will cause the bid to be considered non-responsive. 16. Defaults: You are cautioned to bid only on those items for which you are prepared to pay and remove in accordance with the terms and conditions of this sale. All items awarded to you as the high bidder are contractually yours and must be paid for and removed within the time allowed by this Invitation for Bid. ("Subject To" section, Item (3) of SF114) Failure to do so may subject you to pay, as liquidated damages, a sum equal to the greater of (a) 20% of the purchase price of the item(s) as to which the default has occurred or (b) $25 (or the purchase price of such item(s) if the purchase price is less than $25). 17. Removal of Property: The successful bidder agrees to remove property at his or her own expense. No labor or equipment (except as specified below) will be furnished to effect removal under the terms of any resultant contract. Only the purchaser (or such other representatives designated in writing by the purchaser) is authorized to remove property. Property must be removed on or before by March 24, 2015, by arrangements with the designated custodian. Upon formal request by the successful bidder(s) removal may be extended beyond March 24, 2015 at the sole discretion of the Department of Veterans Affairs. A minimum of 48 hours notification must be given the custodian by the purchaser (unless otherwise mutually agreed upon). 18. Description Warranty: The Government warrants to the original purchaser that the property listed in the invitation for bids will conform to its description. If a mis-description is determined before removal of the property, the Government will keep the property and refund any money paid. If a mis-description is determined after removal, the Government will refund any money paid if the purchaser takes the property at his or her expense to a location specified by the Contracting Officer. No refund will be made unless the purchaser submits a written notice to the Contracting Officer within 15-calendar days of the date of removal. That the property is mis-described and maintains the property in the condition as when removed. DO NOT RETURN WITH BID SALE OF GOVERNMENT PROPERTYINVITATION FOR BIDS NO. PAGE GENERAL SALE TERMS AND CONDITIONSVA791-15-B-00111 of 14 1. INSPECTION. The Bidder is invited, urged, and cautioned to inspect the property prior to submitting a bid. Property will be available for inspection at the places and times specified in the Invitation. 2. CONDITION AND LOCATION OF PROPERTY. Unless otherwise provided in the Invitation, all property listed therein is offered for sale "as is" and "where is." Unless otherwise provided in the Invitation, 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 Invitation, no request for adjustment in price or for rescission of the sale will be considered. This is not a sale by sample. 3. CONSIDERATION OF BIDS. a. Unless otherwise provided in the Invitation, telegraphic or telephonic bids will not be considered. b. The Bidder agrees that his/her bid will not be withdrawn within the period of time specified for the acceptance thereof following the opening of bids (60 calendar days if no period is specified by the Government or by the Bidder, but not less than 10 calendar days in any case) and that during such period his/her bid will remain firm and irrevocable. The Government reserves the right to reject any or all bids, including bids under which a Bidder would take unfair advantage of the Government or other Bidders, to waive any technical defects in bids, and unless otherwise specified by the Government or by the Bidder, to accept any one item or group of items in the bid, as may be in the best interest of the Government. Unless the Invitation otherwise provides, a bid covering any listed item must be submitted on the basis of the unit specified for that item and must cover the total number of units designated for that time. 4. FORMS OF BID DEPOSITS AND PAYMENTS. Unless otherwise provided in the Invitation, bid deposits (when required by the Invitation) and payments shall be in U.S. currency or any form of credit instruments other than promissory notes, made payable on demand in U.S. currency: Provided, That uncertified personal or business checks must be first party instruments: Provided further, That if in connection with any prior sale, the Bidder or Purchaser tendered an uncertified personal or business check which was not paid by the drawee for any reason and the Bidder, Purchaser, and the Drawer of the check were so notified in writing by the selling agency, uncertified personal or business checks will not be an acceptable form of bid deposit or payment. Bids submitted after the effective date specified in the written notification referred to which are not accompanied by the property bid deposit will be summarily rejected. 5. BID PRICE DETERMINATION. When bids are solicited on a unit price basis, Bidders will insert their unit prices and total prices in the space provided for each item. a. In the event the Bidder inserts a total price on the item but fails to insert a unit price, the Government will determine the unit price by dividing the total price by the quantity of the item set out in the Invitation. The unit price so determined shall be used for the purpose of bid evaluation, award, and all phases of contract administration. b. When bids are solicited on a "lot" basis, Bidders should submit a single total price in the Total Price Bid column of the bid sheet. Bidders should not make any entry in the Unit Price Bid column. In the event a Bidder submits a total bid price and also a unit bid price which are not identical, the unit bid price will not be considered. 6. PAYMENT. The Purchaser agrees to pay for property awarded to him/her in accordance with the prices quoted in his/her bid. Subject to any adjustment made pursuant to other provisions of this contract, payment of the full purchase price, after applying the total bid deposit, if any, must be made within the time specified in the STANDARD FORM 114C (REV. 4/2001) Prescribed by GSA FPMR (41 CFR) 101=45.3 Invitation and prior to delivery of any of the property. 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 Purchaser on a contract awarded to him/her under the Invitation is less than the total amount deposited with his/her bid, the difference will be promptly refunded and also, deposits accompanying bids which are not accepted will be promptly refunded to the Bidder. No refund or demands will be made for any amount less than one dollar ($1). 7. TITLE. Unless otherwise provided in the Invitation, title to the property sold hereunder shall vest in the Purchaser as and when removal is effected. On all motor vehicles and motor-propelled or motor-drawn equipment requiring licensing by a State motor vehicle regulatory agency, a certificate of release, Standard Form 97, will be furnished for each vehicle and piece of equipment unless otherwise provided in the Invitation. 8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY. a. Unless otherwise provided in the Invitation, the Purchaser shall be entitled to obtain the property upon full payment therefore with delivery being made only from the exact place where the property is located within the installation. The Purchaser must make all arrangements necessary for packing, removal, and transportation of property. The Government will not act as liaison in any fashion between the Purchaser and carrier, nor will the Government recommend a specific common carrier. Loading will only be performed as set forth in the Invitation, and unless otherwise provided in the Invitation, loading will not be performed on Saturdays, Sundays, Federal holidays, or any date that the installation where the property is located is closed. Where it is provided that the Government will load, the Government will make the initial placement of the property on conveyance(s) furnished by the Purchaser and the initial placement of the Purchaser's conveyance shall be as determined by the Government. Unless otherwise provided in the Invitation, the Government will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. b. Where it is provided in the Invitation that the Government will not load or that the Purchaser will load, the Purchaser will make all arrangements and perform all work necessary to effect removal of the property. The Purchaser shall remove the property at his/her expense within the period of time allowed in the Invitation. 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 Purchaser, such determination shall be reduced to writing, and a reason-able 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 either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and sever weather. If the Purchaser 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 Purchaser to pay a reasonable storage charge. The Purchaser shall reimburse the Government for any damage to Government property caused during the removal operations by the Purchaser or his/her authorized representative. c. Items purchased under the Invitation will be released only to the Purchaser or his/her authorized representative. The authorized representative must furnish authorization from the Purchaser to the Custodian of the property location before any delivery of 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. STANDARD FORM 114C (REV. 4/2001) Pg 2 Prescribed by GSA FPMR (41 CFR) 101=45.3 9. DEFAULT. If, after the award, the Purchaser breaches the contract by failure to make payment within the time allowed by the contract as required by Condition No. 6, or by failure to remove the property as required by Condition No. 8, then the Government may send the Purchaser a 15-day written notice of default (calculated from date of mailing), and upon Purchaser's failure to cure such default within that period (or such further period as the Contracting Officer may allow) the Purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which a default has occurred. The Purchaser agrees that in the event he/she fails to pay for the property or remove the same within the prescribed period(s) of time, the Government shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the item(s) as to which the default has occurred, or (b) $25, whichever is greater: Provided, That in the event of multiple awards of items under a single Invitation for Bids, the amount to be charged, if the minimum charge provided for in (b) above is applicable, shall be determined by the total purchase price reflected in the award documents: Provided further, That the maximum sum which may be recovered by the Government as damages for failure of the Purchaser to pay for and remove the property shall be the formula amount. The Government shall specifically apprise the Purchaser, either in its original notice of default (or in separate subsequent written notice), that upon the expiration of the period prescribed for curing the default, the formula amount will be retained (or collected) by the Government as liquidated damages. However, if the property was sold on a "per lot" basis and the Purchaser removes a portion of the lot but fails to remove the balance, no portion of the purchase price will be refunded. If the Purchaser otherwise fails in the performance of his/her obligations, the Government may exercise such rights and may pursue such remedies as are provided by law or under the contract. 10. SETOFF OF REFUNDS. The Bidder or Purchaser agrees that the selling agency may use all or a portion of any bid deposit or refund due him/her to satisfy, in whole or in part, any debts arising out of prior transactions with the Government. 11. INTEREST. Notwithstanding any other provision of this contract, unless paid within 30 calendar days from the date of first written demand, all amounts that become payable by the Purchaser to the Government under this contract shall bear simple interest at the rate which has been established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), from the date of first written demand until paid. 12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT. Unless otherwise provided in the Invitation, when property is sold by a unit other than "weight", the Government reserves the right to vary the quantity tendered or delivered to the Purchaser by 10 percent; when the property is sold by "weight", the Government reserves the right to vary the weight tendered or delivered to the Purchaser by 25 percent. The purchase price will be adjusted upward or downward in accordance with the unit price and on the basis of the quantity or weight actually delivered. Unless otherwise specifically provided in the Invitation, no adjustment for such variation will be made where property is sold on a "price for the lot" basis. 13. WEIGHING, SWITCHING, AND SPOTTING. Where weighing is necessary to determine the exact purchase price, the Purchaser shall arrange for and pay all expenses of weighing the property (unless Government scales are available on the premises). All switching and spotting charges shall be paid by the Purchaser unless such services are performed with Government-owned or Government-operated locomotives on Government 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. STANDARD FORM 114C (REV. 4/2001) Pg 3 Prescribed by GSA FPMR (41 CFR) 101=45.3 14. RISK OF LOSS. Unless otherwise provided in the Invitation, the Government will be responsible for the care and protection of the property subsequent to it being available for inspection and prior to its removal. Any loss, damage, or destruction occurring during such period will be adjusted by the Contracting Officer to the extent it was not caused directly or indirectly by the Purchaser, its agents, or employees. At the discretion of the Contracting Officer, the adjustment may consist of rescission. With respect to losses only, in the event the property is offered for sale by the "lot," no adjustment will be authorized under this provision unless the Government is notified of the loss prior to removal from the installation of any portion of the lot with respect to which the loss is claimed. 15. LIMITATION ON GOVERNMENTS LIABILITY. Except for reasonable packing, loading, and transportation costs (such 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 Purchaser has been established, shall not exceed refund of such portion of the purchase price as the Government may have received. 16. ORAL STATEMENTS AND MODIFICATIONS. Any oral statement or representation by any representative of the Government, changing or supplementing the Invitation or contract or any Condition thereof, is unauthorized and shall confer no right upon the Bidder or Purchaser. 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/her designated representative. 17. COVENANT AGAINST CONTINGENT FEES. a. The Purchaser 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 contingent fee. b. "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a Purchaser for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. c. "Bona fide employee," as used in this clause, means a person, employed by Purchaser and subject to the Purchaser's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. d. "Contingent fee," 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. e. "Improper Influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 18. OFFICIALS NOT TO BENEFIT. No member of or Delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arisingfrom it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. STANDARD FORM 114C (REV. 4/2001) Pg 4 Prescribed by GSA FPMR (41 CFR) 101=45.3 19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. a. The Purchaser 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 Purchaser 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 Purchaser, directly or indirectly, to any other Purchaser or competitor before bid 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 Purchaser 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 Purchaser's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (ii) As an authorized agent, does certify that the principals have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above, and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. c. If the Purchaser deletes or modifies subparagraph (a)(2) above, the Purchaser must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 20. ASSIGNMENTS OF CONTRACTS. Any contract awarded under the Invitation is subject to the provisions of 41 U.S.C. 15 which generally precludes assignment of such contract. 21. CLAIMS LIABILITY. The Bidder or Purchaser agrees to save the Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorneys' 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 Bidder or Purchaser, 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 Bidder or Purchaser, its agents, servants or employees after the property has been removed from Government control. 22. WITHDRAWAL OF PROPERTY AFTER AWARD. The Government reserves the right to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists prior to actual removal of the property from Government control. In the event of a withdrawal under this condition, the Government shall be liable only for the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received. STANDARD FORM 114C (REV. 4/2001) Pg 5 Prescribed by GSA FPMR (41 CFR) 101=45.3 23. ELIGIBILITY OF BIDDERS. The Bidder warrants that he/she is not: (a) under 18 years of age; (b) an employee of an agency of the Federal Government (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) prohibited by the regulations of that agency from purchasing property sold hereunder; (c) an agent or immediate member of the household of the employee in (b), above. For breach of this warranty, the Government shall have the right to annul this contract without liability. 24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. It is the Bidder'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. Purchasers 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. "Telegraphic bid" and "telegraphic notice" include bids and notices by telegram or by mailgram. b. "Contracting Officer" means the person accepting the bid in whole or in part on behalf of the Government, and any other officer or civilian employee who is a 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 "small business concern" 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. STANDARD FORM 114C (REV. 4/2001) Pg 6 Prescribed by GSA FPMR (41 CFR) 101=45.3 DO NOT RETURN WITH BID SALE OF GOVERNMENT PROPERTYINVITATION FOR BIDS NO. PAGE GENERAL SALE TERMS AND CONDITIONSVA791-15-B-00117 of 14 PRVACY ACT NOTICE In accordance with the Privacy Act (5 U.S.C. 552a), the following notice is provided: The information requested on this form is collected pursuant to section 31001 of the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) for purposes of collecting and reporting on any delinquent amounts arising under or relating to any contract awarded to you as a result of this sale. The information collected is mandatory. Failure to provide the information prior to contract award will result in rejection of your bid or offer. Routine uses which may be made of the collected information are as follows: 1. Disclosure where pertinent in any legal proceeding to which GSA is a party before a court or administrative body. 2. Disclosure to the Department of Justice, U.S. Attorney, or the Department of Treasury in a proceeding when (a) the United States, GSA, a component of GSA, or when arising from his/her employment, an employee of GSA, is party to litigation or anticipated litigation or has an interest in such litigation, and (b) GSA determines that the disclosure is relevant or necessary in the litigation. 3. Disclosure to a Member of Congress or a congressional staff member in response to an inquiry from that congressional office made on behalf of and at the request of the individual about whom the record is maintained. 4. Disclosure to any Federal agency where the debtor is emloyed or receiving some sort of remuneration for the purpose of enabling that agency to collect a debt owed the Federal government on GSA's behalf. 5. In the event a record indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program statute or by regulation, rule or order issued pursuant thereto, disclosure to the appropriate Federal agency and/or state or local agencies charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation or order. 6. Disclosure to a Federal agency in response to a request in connection with hiring or retention, the letting of a contract, or the issuing a license, grant, or other benefit. 7. Disclosure to a debt collection contractor or to other Federal agencies for the purpose of collecting and reporting on delinquent debt. 8. Disclosure for purposes of debt collection, publication or public dissemination regarding the identity of delinquent non-tax debtors and the existence of non-tax debts. 9. Disclosure to credit reporting agencies/credit bureaus for the purpose of adding to a credit history file or obtaining a credit history file or comparable credit history information for use in the administration of debt collection. 10. Disclosure to the Internal Revenue Service to: (1) obtain mailing addresses to locate a taxpayer to collect a Federal claim against the taxpayer; or (2) offset a Federal claim against a taxpayer's income tax refund. 11. Disclosure to the Internal Revenue Service and applicable state and local governments for tax reporting purposes. STANDARD FORM 114C (REV. 4/2001) Pg 7 Prescribed by GSA FPMR (41 CFR) 101=45.3 12. Disclosure to banks enrolled in the Treasury Credit Card Network to collect payment or debt when the individual has given his/her credit card number for this purpose. 13. Disclosure to Treasury or other Federal agencies with which GSA has entered an agreement for debt collection cross servicing operations to satisfy, in whole or in part, debts owed the U.S. Government. 14. Disclosure to Treasury, government corporations, state or local agencies, or other Federal agencies to conduct computer matching programs to identify and locate individuals who are receiving Federal salaries or benefit payments in order to collect the debts by voluntary repayment or administrative or salary offset. 15. Disclosure to the National Archives and Records Administration for records management inspections. 16. Disclosure for any other use specified by GSA in the system of records entitled "Credit Data on Individual Debtors, PPFM-7," as published in the Federal Register periodically by GSA. STANDARD FORM 114C (REV. 4/2001) Pg 8 Prescribed by GSA FPMR (41 CFR) 101=45.3 DO NOT RETURN WITH BID SALE OF GOVERNMENT PROPERTYINVITATION FOR BIDS NO.PAGE SPECIAL SEALED BID - TERM CONDITIONS VA791-15-B-0011 10 of 14 1. BID DEPOSITS. All bids must be accompanied by a bid deposit which must be in the possession of the Contracting Officer by the time set for bid opening. Bid deposits shall be in the form prescribed in Condition No. 4, General Sale Terms and Conditions (Standard Form 114C). Unless otherwise provided in the Invitation, a bid deposit of 20% of the estimated total contract price is required on sales not exceeding one year; sales exceeding one year's duration will require a bid deposit computed at 20% of the total price estimated for one year's removal of property. Deposit Bond-Individual Invitation, Sale of Government Personal Property (Standard Form 150), or Deposit Bond-Annual, Sale of Government Personal Property (Standard Form 151) are NOT acceptable as bid deposits. In accordance with Condition No. 6 of the General Sale Terms and Conditions entitled "Payment" (Standard Form 114C), the 20% bid deposit submitted by the Purchaser will be retained by the Government and applied against the last delivery effected under the contract. At the option of the successful bidder, a Performance Bond (Standard Form 25) may be substituted by the successful bidder for his/her bid deposit at any time after notification of award of the contract. Any bid which is not timely supported by a proper bid deposit may be rejected as nonresponsive. Any bid deposit received after bid opening will be considered in the same manner as late bids. 2. MODIFICATION OR WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by written or telegraphic notice and a bid also may be withdrawn in person by a bidder or his/her authorized representative, provided the bid. Any bid modification which increases the amount of a bid already submitted or which submits bids on items not previously bid on must provide for an increased bid deposit. 3. CONSIDERATION OF LATE BIDS, MODIFICATIONS, OR WITHDRAWALS. Bids and modifications or withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed (or telegraphed where authorized) and in fact delivered to the address specified in the Invitation for Bids in sufficient time to have been received by the Contracting Officer by the time and date set forth in the Invitation for the bid opening, and, except for delay attributable to personnel of the sales office or their designees, would have been received on time. In no event will hand-carried bids or withdrawals be considered if delivered to the Contracting Officer after the exact time and date set for bid opening. However, a modification which makes the terms of the otherwise successful bid more favorable to the Government will be considered at any time it is received prior to award and may be accepted. 4. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT. Condition No. 12, General Sale Terms and Conditions (Standard Form 114C) is modified to authorize the Government to vary the quantity or weight delivered by 50% from the quantity or weight listed in the Invitation. 5. TERMINATION. Unless otherwise provided in the Invitation, this contract may be terminated by either party without cost to the Government upon 30 days' written notice to the other, to be calculated from the date the notice is mailed. 6. FAILURE TO PERFORM. In the event the Purchaser fails to make payment as required by Condition No. 6, General Sale Terms and Conditions (Standard Form 114C), or fails to remove the property as required by Condition No. 8, General STANDARD FORM 114C (REV. 4/2001) Pg 10 Prescribed by GSA FPMR (41 CFR) 101=45.3 Sale Terms and Conditions, and fails to cure the default within the time allowed by the notice given in accordance with Condition No. 9, General Sale Terms and Conditions, the Purchaser will lose all right, title and interest which he/she might otherwise have acquired in and to the property as to which the default occurred and said Condition No. 9, is modified to provide that the Government shall be entitled to retain or collect as liquidated damages a sum equal to 20% of the contract price for the quantity estimated to be generated within a 30-day period. 7. AWARD OF CONTRACT. The contract will be awarded to that responsible Bidder whose bid conforming to the Invitation will be most advantageous to the Government, price and other factors considered. A written award mailed (or otherwise furnished) to the successful Bidder within the time for acceptance provided in the Invitation shall be deemed to result in a binding contract without any further action by either party. STANDARD FORM 114C (REV. 4/2001) Pg 11 Prescribed by GSA FPMR (41 CFR) 101=45.3
 

Web Link

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Document(s)

Attachment
 

File Name: VA791-15-B-0011 VA791-15-B-0011.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1849121&FileName=VA791-15-B-0011-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1849121&FileName=VA791-15-B-0011-000.docx

 

File Name: VA791-15-B-0011 Sale IFB 2015.doc (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1849122&FileName=VA791-15-B-0011-001.doc)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1849122&FileName=VA791-15-B-0011-001.doc

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03632592-W 20150206/150204235218-d750c9c2ee8d816d8da7e02366209044 (fbodaily.com)
 

Source

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