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- 1 - RFP NO. 2007SW1005- SCRAP METAL REMOVAL

AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT

REQUEST FOR PROPOSAL

SCRAP METAL REMOVAL

June 6, 2007

RFP NO. 2007SW1005

ANDRA SAMOA Chief Executive Officer


AMERICAN SAMOA POWER AUTHORITY REQUEST FOR PROPOSAL

Table of Contents

Title Page................................................................................................................................ 1 Table of Contents.................................................................................................................... 2 Notice To Offerors................................................................................................................... 3 Proposal Invitation ................................................................................................................. 4 Special Reminder to Prospective Offerors.............................................................................. 5 Significant Dates .................................................................................................................... 6 General Terms and Conditions ............................................................................................... 7 Rental rates (Attachment A).................................................................................................. 17 Proposal Transmittal Form (Attachment B)......................................................................... ..18 Offerors Qualification Data Sheet (Attachment C) .............................................................…19 Bid Bond Form (Attachment D)…………………………………………………………………….23 Performance Bond Instructions and Form (Attachment E) ................................................…25


NOTICE TO OFFERORS

SCRAP METAL REQUEST FOR PROPOSAL (“RFP”)

ISSUANCE DATE: June 06, 2007 RFP #: 2007SW1005 PROJECT: Scrap Metal Removal CLOSING DATE/TIME: July 23, 2007 @ 2:00 p.m. American Samoa time

The American Samoa Power Authority (ASPA) issues a request for proposal to evaluate, negotiate, and contract for organizing, baling, and removing the scrap metal, tires, and all other materials, and disposing of it off-island. The contractor will have exclusive right and responsibility to dispose of all the scrap metal and other materials, subject to the terms of this RFP and the Contract Documents, as that term is defined herein.

Qualified offerors must submit proposals and forms in a sealed envelope, box, or other enclosure addressed to the ASPA Procurement Manager. An original and five (5) copies of the offeror’s proposal must be received at the ASPA Procurement Office no later than 2:00 p.m. on or before July 23, 2007. The sealed envelope or box must be labeled “RFP #2007SW1005 Scrap Metal Removal” attention Ioana Uli and showing date and time of proposal opening. Late submittals will not be opened or considered and will be determined as non-responsive. All offerors shall provide sufficient written and verifiable information that responds to the requirements set forth herein, the Contract Documents, and the Scope of Work.

A complete proposal package may be picked up from the ASPA, Procurement Office in Satala. You may also view this on ASPA’s website: www.aspower.com. For more information about this RFP, you may contact: Ioana Uli, Procurement Manager @ (684) 644-2772 or Petero Lafaele, Solid Waste Manager @ (684) 699-4619.

The American Samoa Power Authority reserves the right to: 1. Reject all proposals and reissue a new or amended RFP; 2. Request additional information from any submitting a proposal; 3. Select a firm for award based on other than “highest offer” (e.g. capability to

complete work in a timely fashion or proven technical capabilities); 4. Negotiate a contract with the firm selected for award; and 5. Waive any non-material violations of rules set up in this RFP at its sole

discretion. By: ______________________________________ Date: June 6, 2007 Name: Andra Samoa Title: Chief Executive Officer


PROPOSAL INVITATION

AMERICAN SAMOA POWER AUTHORITY:

OFFICE OF PROCUREMENTP.O. BOX PPB

PAGO PAGO, AS 96799(684) 644-2772

[email protected] S. ULI MANAGER, PROCURMENT OFFICE

DATED ISSUED: JUNE 06, 2007 PROPOSAL INVITATION NO: RFP# 2007SW1005 INSTRUCTIONS:

1) This REQUEST FOR PROPOSAL shall require a complete proposal to be submitted in a sealed envelope, box, or other enclosure addressed to Ioana Uli, ASPA Procurement Manager, P.O. Box PPB, Pago Pago, AS 96799. An original and five (5) copies must be received at the ASPA Procurement Office no later than 2:00 p.m. on Monday, July 23, 2007. The envelope or box must be labeled “RFP# 2007SW1005 SCRAP METAL REMOVAL”. Late submittals will not be opened or considered and will be determined as non-responsive. All Offerors shall provide sufficient written and verifiable information that responds to the requirements set forth herein, the Contract Documents, and in the Scope of Work.

2) Pre Proposal Questions: Any pre-proposal questions and/or clarifications shall be submitted to [email protected] or the Procurement Manager in writing (through electronic mail or hard copy) prior to the closing date set forth above. Questions and/or clarifications are welcome and should be submitted no later than July 03, 2007. ASPA shall issue addenda to address any questions and/or clarifications as necessary on July 10, 2007.

3) Tour of Scrap Metal Yard: A one-time tour of the Scrap Metal Yard will be scheduled at 9:00 a.m. on June 15, 2007 to all prospective offerors.

NOTE TO OFFERORS: This proposal is subject to the attached Special Reminder to Prospective Offerors and the General Terms and Conditions of the Request for Proposals for Scrap Metal Removal. The undersigned offers and agrees to furnish within the time specified, the services at the offer price listed on the schedule provided, unless otherwise specified by an Offeror. In consideration to the expense of the American Samoa Power Authority in opening, tabulating, and evaluating this and other proposals, and other considerations such as the schedule, the undersigned agrees that this proposal shall remain firm and irrevocable for One Hundred and Eighty (180) calendar days from the date of opening. SIGNED:________________________________________ DATE______________________


AMERICAN SAMOA POWER AUTHORITY AMERICAN SAMOA GOVERNMENT

SPECIAL REMINDER TO PROSPECTIVE OFFERORS

Offerors are reminded to read the General Terms and Conditions attached hereto to

ascertain that all of the following (see boxes checked) requirements of the proposal are submitted in the proposal envelope by the date and time for proposal opening. [ ] 1. Proposal Forms a. Signed Proposal Invitation Form (Page 4) b. Proposal Transmittal Form (Attachment B) c. Offeror’s Qualification Data Sheet (Attachment C) [ ] 2. Bond Forms a. Bid Bond or cashier’s check (Attachment D) b. Performance Bond (Attachment E)

NOTICE TO ALL INSURANCE AND BONDING INSTITUTIONS:

The bid bond requires the signatures of the Offeror, two (2) Major Officers of the Surety

and Resident General Agent, if the Surety is a foreign or alien surety.

When the form is submitted to the American Samoa Power Authority, it should be accompanied with copies of the following: a. Current Certificate of Authority to do business in American Samoa issued by the Department of Revenue and Taxation. b. Power of Attorney issued by the Surety to the Resident General Agent. c. Power of Attorney issued by two (2) Major Officers of the Surety to whoever is signing on their behalf. The PERFORMANCE BOND will not be in force until the NOTICE TO PROCEED has been transmitted to the Contractor following the review and award by the American Samoa Power Authority. [ ] 3. Business License

Offerors must submit business license as stated in Section XVI of the General Terms and Conditions.

[ ] 4. Technical Proposal and Technical Plan Offerors should refer to Section V of the General Terms and Conditions. [ ] 5. Upfront Amount and Additional Payment Terms

The Offeror shall submit a contract price as stated in Section V– Part 5


SIGNIFICANT DATES

The following are the significant dates for the RFP and the anticipated contract and scheduling dates:

June 06, 2007 Proposal Advertisement

June 15, 2007 Scrap Metal Yard (Site Visit)

Meet at Solid Waste Office-Tafuna at 8:45 a.m., visit site at 9:00am. Required safety wear: closed toe shoes. All potential offerors are required to attend or send a representative to this site visit. At ASPA’s sole discretion, ASPA may reject any bid for non-responsiveness for failure to attend the site visit.

July 03, 2007 Deadline for submitting questions/inquiries/clarifications

July 10, 2007 Issue addendums to address questions and or clarifications as necessary.

July 23, 2007 Closing Date (2:00pm American Samoa time) July 24 - 30, 2007 Procurement to review proposals for completion &

compliance July 31 – August 10, 2007 Source Evaluation Board (SEB) 1st meeting to

review proposals August 13, 2007 SEB submit recommendations to CEO August 20, 2007 CEO submit recommendation to Board for review &

approval & Final Decision August 27, 2007 Inform Successful Offeror/proposal September 3, 2007 Contract Award September 17, 2007 Notice to Proceed (send to Contractor) October 1, 2007 Execution and commencement of Contract


AMERICAN SAMOA POWER AUTHORITY

GENERAL TERMS AND CONDITIONS FOR SCRAP METAL REMOVAL

RFP NO.:2007SW1005

I. INTRODUCTION: The American Samoa Power Authority (“ASPA”) received fifteen unsolicited proposals from companies to remove and sell the scrap metal and other materials from ASPA’s Tafuna Scrap Metal Yard (“TSMY”). Several of the unsolicited proposals were submitted by companies seeking to bale, transport, and sell the scrap metal and other materials to metal recycling companies in locations as far away as the People’s Republic of China.

In order to ensure an open and competitive process, to clear the TSMY in two years, and to seek a proposal that provides the greatest return to ASPA and American Samoa, ASPA hereby invites sealed proposals from qualified offerors to remove all scrap metal, tires, and all other materials from the TSMY. The removal is to be completed within two years and in accordance with the requirements set forth in this RFP.

The RFP requires the awardee (the “Contractor”) to be responsible for organizing, baling, and removing the scrap metal, tires, and all other materials, and disposing of it off-island. The Contractor will have the exclusive right and responsibility to dispose of all the scrap metal and other materials, subject to the terms of this RFP and the Contract Documents, as that term is defined herein.

Qualified offerors are requested to submit proposals and forms in accordance with the specifications contained in the Contract Documents, as that term is defined herein. The proposal shall include, but not be limited to, the following provisions: (1) the initial up-front amount to be paid to ASPA for the exclusive right to clear the scrap metal yard, (2) a description of any need to use any ASPA equipment, (3) bid and performance bond assurances, (4) a description of intended performance of the work, including a schedule effective from the date of the Notice to Proceed, and (5) any additional payment terms to ASPA, including periodic payments and/or percentage payments for gross revenue sales of scrap metal. The written contract shall include the Contractor’s indemnification of both ASPA and ASG, provisions for insurance and workmen’s compensation, provisions for work stoppage due to environmental problems, and other like clauses. The Contractor shall assume all risk of loss. No materials from the scrap metal yard are to be kept on island.

II. BACKGROUND: The TSMY is an area of 6.3 acres of land. Scrap metal, rubber tires, and other materials have accumulated for more than thirty (30) years. The TSMY contains cars, old appliances, miscellaneous ferrous and non-ferrous metallic materials, including but not limited to, sheet metal, siding, roofing, rebar, flashings, pipes, window frames, doors, furnaces, duct work, wire, cable, bath tubs, fencing, bicycle frames, automotive parts, machinery, metal furniture, tire rims, tires, batteries, rolled steel shapes, copper wires, old transformers, and debris.

III. AUTHORITY: The Solid Waste Division was transferred to ASPA by Executive Order in 1995. Solid Waste is one of ASPA’s four divisions, and is responsible for collection and maintenance of municipal wastes in American Samoa pursuant to the laws and regulations governing proper disposal and landfill operations. Collection of solid waste in American Samoa


is outsourced to two (2) local contractors. There is an average of approximately 11,131 solid waste customers including residential, commercial and industrial. This estimate is based on electric meter customer information for Fiscal Year 2006.

In addition to local scrap metal collection, scrap metal is collected on the three major outlying American Samoan islands and transported to the main island of Tutuila for disposal at the TSMY. The TSMY site was a staging area for scrap metal in the past, and is currently growing at a rapid pace, especially after cyclones OFA (1990), VAL (1991), HETA (2004) and OLAF (2005). Given the growing size of the scrap metal pile, ASPA purchased baler equipment back in 2000 to bale and ship scrap metal off-island. In 2005, the baling operation was ceased due to the baler’s mechanical condition. ASPA has recently commissioned a new Capital Improvement Project (CIP) funded 2006 CL Baler and is currently baling the scrap metal.

Based on current data, there is an estimated volume of 1.66 million cubic feet of scrap metal at the TSMY, covering an approximately 6.3 acre lot. In 2006, a total of 4,380 cubic yards of scrap metal was disposed at the TSMY. This is an average of 365 cubic yards disposed each month. Scrap metal disposed from past years have been pushed and compacted by bulldozer equipment. This was necessary to compact and secure the increasing quantity of metal that was piling throughout the yard.

IV. SCOPE OF WORK: The Contractor shall be responsible for the following scope of services and any and all requirements specified in this RFP and the Contract Documents, as that term is defined herein.

(A) The Contractor shall remove and clear all debris from the TSMY. Debris includes soil, all metal and materials that cannot be salvaged.

(B) The Contractor shall be responsible for disposing of any debris at an ASPA-approved location. The location shall be made known at a later date and the Contractor shall be responsible for all costs, fees and dues for disposal of any and all debris.

(C) The Contractor shall be responsible for immediately notifying ASPA should the Contractor identify materials that may be contaminated. Upon notification, the Contractor shall stop work until ASPA notifies the Contractor to recommence the work. Should there be any contaminated material, the Contractor shall dispose of any such contaminated debris in accordance with American Samoa and United States Environmental Protection Agency (ASEPA and USEPA) rules, regulations, and other instructions governing the proper disposal of contaminated debris. The Contractor shall obtain necessary license and permits to handle the disposal of any contaminated debris.

(D) The Contractor shall be responsible for all costs, fees and dues for disposal of contaminated debris.

(E) The Contractor shall accept ASPA’s existing baled Scrap Metal for removal and shipping, and shall pay ASPA for existing baled scrap according to a fee structure attached hereto as Attachment A and incorporated herein by reference. ASPA will continue to bale and work together with the Contractor in order to expedite the clearing of the TSMY site.

(F) The Contractor shall immediately make available a container for existing baled materials by ASPA for the loading and removal to another location arranged by the Contractor in preparation for shipping to outside buyers.

(G) The Contractor shall provide a remediation plan for the scrap metal.

V. PROPOSAL PREPARATION INSTRUCTIONS: The proposal shall contain five (5) parts, as set forth below. Offerors shall prepare their proposals in detail accordingly. Part 1: Proposal Forms


(A) Proposal Transmittal Form. The proposal transmittal form must be signed by the offeror, whether a Sole Proprietor or Corporation. If a corporation, the Officers of the Corporation must sign and the seal of corporation must be provided. (See Attachment B)

(B) Signed Proposal Invitation Form. The Proposal Invitation Form states that the offeror understands the requirements of this RFP and the Contract Documents and agrees to comply with said terms and conditions. (See Page 4).

(C) Offerors Qualification Sheet. See Attachment C.

Part 2: Technical Plan The offeror must describe in detail its approach to accomplishing the duties set forth in the Scope of Work. This includes listing of specific actions, schedule, and any activities that the offeror will undertake to achieve the goals, objectives, and requirements outlined in the Scope of Work. The offeror, as part of the technical approach, shall provide a detailed description plan and methodology of operations on the following:

(A) Demonstration that the proposal will meet the objectives of removing all scrap metal and other materials within a 2-year period;

(B) Specification of the timetable for completion of tasks and when the actual removal of materials will be undertaken (in 10% increments);

(C) Description of how and when the mobilization will take place, including all types of equipment to be utilized in the operations;

(D) Description of what labors are tasked with and schedule of their work; (E) Description of the plan for removing scrap metal, tires, copper wires, baled

metals, and all other materials (Offeror must describe methodologies of removal and shipment, i.e. barge, containers, etc.);

(F) Description of when and how the scrap metal and other materials will be on transport for off-island destination;

(G) Demonstration of knowledge and understanding of any potentially contaminated materials and description of the plan for handling and removing such contaminated materials (Offeror must describe methodologies for removing contaminated materials);

(H) Description of the plan for handling the delivery of any new scrap metals during the two-year period;

(I) List of business contacts, contractual partners and business partners of the offeror, including all local and off-island; and

(J) Provide all business documents, licenses and certifications.

In addition, the Technical Plan shall demonstration how the offeror will deal with the following issues:

(A) Work In Public Right of Ways. The Contractor shall obtain all permits and pay any and all fees for all work in or on public right of ways, thoroughfares, highways, and the like. The Contractor shall erect barricades to protect his work as may be required by ASPA at no cost to ASPA.

(B) Use of Adjacent Property. Before proceeding with work affecting adjacent private or public property under the administration of other ASG agencies or private freehold landowners, the Contractor must make its own arrangements with the above mentioned parties (agencies and landowners), obtain their permission in writing and file two copies of said written permission with ASPA.

(C) Dust Control. From time to time as needed, the Contractor may be required to, and shall make all arrangements for, watering down the site to keep the dust level down to a minimum.


(D) Traffic Control. The Contractor shall obtain the relevant permits to detour traffic in areas of the main road in the removal and transporting of scrap metal to another location as directed by ASPA. The Contractor shall provide Department of Public Safety with details of controlling the traffic. The Contractor shall have adequate flagmen directing the traffic.

(E) Coordination and Safety. The offeror shall describe any safety procedures that will be employed and how it will coordinate with other requirements. Given the TSMY’s proximity to the Pago Pago International Airport, the Contractor shall coordinate with necessary officials from the Department of Port Administration (“DPA”), Transportation Safety Administration (“TSA”) and Department of Public Safety (“DPS”) concerning access and airport safety issues. The Contractor shall comply at all times with directives from DPA, TSA and DPS regarding maintaining airport safety.

Part 3: Prior Related Experience/Past Performance The offeror must describe its qualifications and related experience, background, past performance and credentials. This shall include a dossier of the personnel qualifications of key individuals, including equipment operators. The offeror shall provide references (3 or more) for each member of the project team and a project history that verifies a minimum of three (3) years of specific or related experience. The offeror’s employees must hold appropriate and current business licenses/certificates/etc. to operate machinery and to perform the services in the plan. See also the section entitled “Offeror’s Qualification Data” for further requirements under this subsection. Part 4: Subcontractors

Offerors must state whether they intend to use any subcontractor in the performance of removing scrap metal from the TSMY. Where use of a subcontractor is intended, the offeror shall identify the tasks to be subcontracted and supply the complete name, business address, and license classification of the subcontractor. Where the offeror has not specified a subcontractor for any part or portion of the work to be performed, the offeror warrants that such work shall be performed entirely by the Contractor. Breach of said warranty shall be material. Part 5: Contract Price/Periodic Payments

Offerors must set forth an up-front cash amount to obtain the exclusive right to clear the TSMY, and specify in detail the need to use ASPA equipment (hourly rates are listed in Attachment A). Offerors may, but are not required to, include any additional financial terms, including any periodic payments and/or any percentage payments for gross revenue sales of scrap metal. Offerors shall specify revenue returns to ASPA by unit prices, guaranteed lump sums or other formulas that may be appropriate.

VI. PRE-PROPOSAL QUESTIONS: Any pre-proposal questions and/or clarifications shall be submitted to [email protected] or the Procurement Manager in writing (through electronic mail or hard copy) prior to the closing date set forth above. Questions and/or clarifications are welcome and should be submitted ten (10) calendar days prior to the proposal closing. ASPA shall issue addenda to address any questions and/or clarifications as necessary.

VII. OTHER NECESSARY ITEMS: (A) Proposal Security. A bid bond, or cashier’s check, in the amount of Fifty

Thousand US Dollars ($50,000) must accompany each proposal. All proposal bonds must be in the form included in the Contract Documents. The offeror’s security will be retained until the award is made, a written contract between the Contractor and ASPA is executed, and a performance bond is furnished by the Contractor. If the Contractor fails to enter into a written


contract, ASPA will retain the Contractor’s proposal bond as liquidated damages, but not as a penalty.

(B) Performance Bond. A performance and surety bond must be provided prior to or concurrent with execution of the written contract. The performance bond shall be in the amount of Seven Hundred and Fifty Thousand US Dollars ($750,000.00). The performance bond shall be filed with an authorized surety company listed in Circular 570 (4810-35; 2006 Revision of the U.S. Department of Treasury), approved or issued by a surety acceptable to ASPA. The most current list of Treasury authorized companies is available through the Internet at http://www.fms.treas.gov/c570.

(C) Power of Attorney. Attorneys-in-fact who sign proposal bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

VIII. CONTRACT TERM: Contract term for the removal, remediation and selling of the Scrap Metal shall not exceed two years.

IX. TYPE OF CONTRACT: The Contractor will be awarded a contract in accordance with the terms and specifications of this RFP and the Contract Documents. The contract will provide an exclusive right to remove all scrap metal and other materials from the TSMY for a period of two years. During this time, the Contractor must completely remove and transfer off-island all materials in accordance with the timetable proposed and established in the contract.

The Contractor shall furnish the necessary personnel, materials, insurances, licenses, equipment, bonds, ground transportation to and from work areas, required materials or services, and otherwise do all things necessary to perform the work and services specified in the Scope of Work and to the satisfaction of the Chief Executive Officer (“CEO”).

The Contractor must, at all times, comply with all applicable workmen’s compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable.

The Contractor shall be an independent contractor and not an agent or employee of the American Samoa Power Authority.

ASPA will not be held responsible in any way for claims filed by the Contractor or its employees for services performed under the terms of this RFP or the contract.

X. MONTHLY REPORTS: In addition to any requirements specified in the Scope of Work, the Contractor shall also provide a monthly report of services completed. Reports shall be submitted directly to the Solid Waste Manager for verification prior sending to the Accounting department.

XI. BASIS FOR SELECTION: Proposals will be evaluated by a Source Evaluation Board (“SEB”). SEB members shall be chosen by the Chief Executive Officer. Submission of a proposal shall constitute a waiver of any challenge or dispute of the SEB members, as well as the choice of methodology set forth on the SEB score sheets. The award will be made by ASPA in accordance with the evaluation criteria set forth herein and with ASPA’s Procurement Rules.

A determination shall be made by the SEB of those responsible offerors whose proposals are susceptible of being selected for award. The determination shall be included in the contract file. Discussions may be conducted by the SEB with those responsible offerors whose proposals are determined to have reasonable chance of being selected for award.


These discussions shall only be conducted for the purpose of obtaining clarification from the offeror on its proposal to ensure full understanding of and responsiveness to the RFP requirements. Discussions shall be conducted individually with each offeror and care shall be exercised to ensure that no information derived from competing offeror’s proposals is disclosed. All offerors with whom discussions are conducted shall be accorded an opportunity to revise their proposals in response to specific clarifications based on the discussions. Unless the Procurement Manager determines that satisfactory evidence exists that a “mistake” has been made, as set forth in Procurement Rule § 3-114, offerors will not be permitted to revise their proposals after proposal opening.

The results of the evaluation will be documented, and a written recommendation by the SEB will be sent to the Procurement Manager. The Procurement Manager, upon receiving the Source Evaluation Board’s written recommendation, shall forward the SEB recommendation to the Board of Directors through the CEO, for final approval. Approval is not final until approved by the Board of Directors.

ASPA reserves the right to make the award to the offeror that submits the proposal, which meets the requirements set forth herein and is in the best interests of ASPA after taking into consideration the aforementioned factors. ASPA also reserves the right to select portions of a proposal, or to reject any and all proposals.

XII. EVALUATION CRITERIA: These criteria will be used by the Source Evaluation Board to evaluate proposals.

(50 Points) Revenue to be paid to ASPA (including up front cash amount and any periodic payments);

(25 Points) Technical Plan that demonstrates the offeror’s ability to meet the objectives of the RFP and that the offeror has the ability to complete the work, including the human resources, technical, equipment and facility resources and capability to undertake the sorting, removal, and removal of scrap metal and materials;

(20 Points) Expected outcome, service plan and schedule that ensures effective and expeditious removal and marketing plan for the Scrap Metal; and

(5 Points) Clarity and Responsiveness of Proposal.

XIII. PROOF OF COMPETENCY OF SUBCONTRACTOR: Any offeror may be required to furnish evidence, satisfactory to ASPA, that proposed subcontractors have sufficient mean, equipment, and experience in the types of work called for to assure completion of the contract in a satisfactory manner.

XIV. QUALIFICATION OF OFFEROR: ASPA may make such investigations as it deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to ASPA such information and data for this purpose as ASPA may request, or the offeror may be deemed non-responsive. The offeror shall submit at least that information required by the section entitled “Offeror’s Qualification Data.”

XV. MULTIPLE PROPOSALS – COLLUSION: If more than one proposal is offered by any one party or in the name of its clerk, partner or other person, all proposals submitted by said party may be rejected by ASPA. This shall not prevent an offeror from submitting alternate proposals when called for. A party who has quoted prices on materials is not thereby disqualified from quoting prices to other offerors or from submitting a proposal directly to ASPA. If ASPA believes that collusion exists among any offerors, none of the participants in such collusion


will be considered. Proposals in which the contract prices are unbalanced or unrealistic may be re-jected at ASPA’s sole discretion.

XVI. BUSINESS LICENSE: Offerors from off-island shall be licensed in accordance with the provisions of its state and country and shall be skilled and regularly engaged in the general type and size of work called for under this RFP. All offerors shall have an American Samoa business license prior to the execution of contract.

XVII. ORDER OF PRECEDENCE: The contract documents (the “Contract Documents”) governing the work consists of the following, which shall take precedence over each other in the order provided:

(A) The written contract and any amendments, then: (B) This RFP, all documents attached hereto, and any addenda issued by ASPA,

then; (C) Any acknowledgements or clarifications issued by ASPA regarding a submission

by an offeror, and finally; (D) The Contractor’s proposal.

In the event that any term, clause or provision of any document above conflicts with a

term, clause or provision of any other of the contract documents, the document with greater precedent shall supersede, control and be binding on the parties.

XVIII. OFFEROR’S UNDERSTANDING: Each offeror must understand and acknowledge the conditions relating to the execution of the work and it is assumed that it will make itself thoroughly familiar with all the Contract Documents prior to execution of the written contract.

Each offeror shall inform itself of, and the Contractor shall comply with, federal and territorial statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning wage rates, nondiscrimination in the employ-ment of labor, protection of public and employee safety and health, environmental protection, historic preservation, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees and similar subjects. The offeror agrees to the requirements of Executive Order No. 11246, as amended, including specifically the provisions of the equal employment opportunity clause.

XIX. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY: The Contractor shall be cognizant of and comply with all American Samoa Government (“ASG”) laws and ordinances pertaining to licenses, permits, tax structure and import duties. Additionally, the Contractor shall:

(A) Have or obtain an ASG business license in order to perform the required contractual work. Over-the-highway vehicles require American Samoa Licenses. Operator’s licenses are required;

(B) Report and/or pay income taxes to ASG based on the profit made on the sale of scrap metal materials, as required by ASG;

(C) American Samoa is a protectorate of the United States located outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. Because of this, the Contractor’s equipment that will be returned to the United States will be subjected to customs or import duty unless properly manifested before shipment from the United States. Excise Tax on equipment to be incorporated into the project or used on this project may be waived upon written request. Should the Contractor elect to sell the equipment locally upon completion of the contract or uses the equipment for other than this project rather than shipping the equipment


away from American Samoa, the equipment will then be subject to the appropriate duty rate. Equipment imported for use other than on this project is also subject to local tax; and

(D) Comply with the Workmen’s Compensation Act and maintain a compliant Health and Safety Plan. A copy of this plan shall be provided to ASPA.

XX. ADDITIONAL AMERICAN SAMOA REGULATIONS: Offerors are advised of the following:

(A) Foreign Labor. Contractors must exercise good judgment in recruiting skilled foreign labor. Unskilled labor used on the project shall be American Samoa resident and/or granted permission by law to work in American Samoa. The Contractor shall conform to the current immigration laws and Codes of American Samoa.

(B) Social Security for Aliens. Alien technicians brought in to perform the work will be required to register and receive a social security number if they do not already possess one.

(C) Necessary Inoculations. Inoculations shall be as required by the United States Public Health Service. It will be the Contractor’s responsibility to determine that these inoculations are obtained prior to entry from any foreign country or possession.

(D) Costs of Transportation. The Contractor will have been expected to include in its proposal, among other things, costs of transporting equipment, materials and personnel to and from American Samoa.

(E) Labor and Material Furnished by ASPA. No labor will be furnished by ASPA. Certain materials and equipment may be made available to Contractor for its use and access, only at the sole discretion of ASPA. (ASPA employee will operate Baler equipment at an hourly rate).

(F) Equipment Warranty and Maintenance Requirements. All proposals should include the cost of a one-year equipment warranty. In addition, a one-year maintenance contract for equipment shall also be proposed.

XXI. WITHWDRAWAL OF PROPOSAL: Any proposal may be withdrawn prior to the scheduled time for the opening of proposals by notifying ASPA in a written request. No proposal may be withdrawn after the time scheduled for opening of proposals.

XXII. OPENING AND EVALUATION OF PROPOSALS: In accordance with ASPA Procurement Rule § 3-110, proposals will be opened and recorded as part of the record for the Source Evaluation Board on the date and at the time indicated above at the Procurement Office in Satala or in another place designated by the ASPA Procurement Manager in writing.

XXIII. EXECUTION OF CONTRACT: The Contractor shall, after receiving the Notice of Award, sign and deliver to ASPA the written contract, together with all other bonds or documents as required by ASPA.

XXIV. ASSIGNMENT: The Contractor shall not assign, transfer, convey or otherwise dispose of the award or the contract, or its right, title or interest therein, or its power to execute such contract, to any other persons, firms or corporations without the previous consent in writing of ASPA.

XXV. TIME IS OF THE ESSENCE: The time is of the essence in completing the work to be performed under the contract. Delays and extensions of time will not be allowed, and a penalty fee of $200 per day shall be assessed for not meeting any of the milestones.


XXVI. RFP CONDITIONS: This RFP does not commit ASPA to award a contract or to pay any cost incurred in the preparation of a proposal. The American Samoa Power Authority reserves the right to:

(A) Reject any offeror for being non responsive to proposal requirements contained in this RFP;

(B) Reject all proposals and reissue an amended RFP; (C) Request additional information from any offeror submitting a proposal; (D) Select an offeror for award-based criteria other than “highest offer” (e. g.

capability to complete work in a timely fashion or evidence good work experience);

(E) Negotiate a contract with the offeror selected for award; and (F) Waive any non-material violations of rules contained in this RFP. ASPA reserves the right to issue any addendums to this RFP. Offerors shall send ASPA

a signed form confirming receipt of any addendums, and shall submit supporting/additional information as required by any addendums. In the event that an offeror fails to acknowledge receipt of any such Addendum in the space provided, his proposal shall be considered irregular and will be accepted by ASPA only if it is in ASPA’s best interest. In the event that Addenda are not received until after the offeror has submitted its proposal, a supplementary proposal may be submitted revising the original proposal. Such supplementary proposals must be received by ASPA prior to the scheduled time for opening of proposals.

XXVII. INDEMNITY PROVISION: The Contractor shall indemnify and hold harmless the American Samoa Power Authority and the American Samoa Government from and against any and all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death or damage to property of whatsoever nature, including the loss of use resulting therefrom, and whether or not is caused in whole or in part by any negligent act or omission of the Contractor, its subcontractors, or anyone employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the negligence of ASPA and/or the strict liability of ASPA, its agents and employees.

XXVIII. OFFEROR’S QUALIFICATION DATA: It is the intention of ASPA to award a contract only to the Contractor who is able to furnish satisfactory evidence that it has the requisite experience and ability and that it has sufficient capital, facilities and plant to enable it to perform the work successfully and promptly and to complete it within the term set forth in the contract. Each offeror shall submit as part of the total proposal package, the following information on the attached Offeror’s Qualification Data Sheet:

(A) Name of organization;

(B) Address and phone number of home office, principal place of business and locations and contact information for any branch offices;

(C) Type of business structure, e.g., corporation, partnership, joint venture, proprietorship;

(D) Place of organization or state of incorporation;


(E) Names and addresses for all owners for businesses other than corporations. For corporations, list the names and addresses of directors, officers and stockholders with twenty (20) percent ownership interest or greater;

(F) Places, including individual states and territories of the United States, where registered as a foreign corporation;

(G) Evidence of insurance coverage not less than the following (see below). Prior to or concurrent with contract execution, the Contractor must provide ASPA with one or more certificates of insurance naming ASPA as additional insured on its Public/General Liability and Automobile policies. Insurance specifications are as follows:

(i) Workmen’s Compensation: Statutory (ii) Employer’s Liability: $500,000

(iii) Public Liability (per person/per occurrence) (a) Bodily and personal injury: $500,000/$1,000,000 aggregate (b) Property Damage: $100,000/$200,000 aggregate

(iv) Automobile Liability (per person/per occurrence):

(a) Bodily and personal injury: $500,000/$1,000,000 aggregate (b) Property Damage: $100,000/$200,000 aggregate

(H) List all countries and all states, territories and possessions of the United States in

which similar consulting work has been performed in the last three (3) years, including:

(i) Name of awarding agency or owner for which work was performed;

(ii) Nature and scope of contract, including total dollar value;

(iii) Dates of performance;

(iv) Whether performance was completed within the specified time under the contract and, if not, why not; and

(v) Whether contract was performed under joint venture, and if so, with whom and

under what arrangement.

(I) The name or names of supervisory personnel employed on the work under this Contract, including the experience record for each that indicates the degree of responsibility and type of work supervised; and

(J) The names and addresses of three references, at least one of which should be a bank or other lending institution, governmental agency or bonding company.


ATTACHMENT A

1. Equipment Rental:

Baler………………………………………………$260.00 per hour

2. Baled Materials:

Bales (scrap metal already baled)…………….$42.00 per bale


ATTACHMENT B

Proposal Transmittal Form

Date: ________ ____, 2007 American Samoa Power Authority P.O. Box PPB Pago Pago, AS 96799 RE: RFP NO. 2007SW1005 Gentlemen:

The undersigned (the “Offeror”), hereby proposes and has furnished all the necessary information in accordance with the Contract Documents. The Offeror has read and understands the proposal requirements, and is familiar with and knowledgeable of the local conditions at the place where the work is to be performed. The Offeror has read the Request for Proposal Instructions and General Terms and Conditions and certifies that all of the requirements of the proposal invitation are satisfied. By: ___________________________ Name: SEAL Title:


ATTACHMENT C

OFFEROR’S QUALIFICATION DATA SHEET

Please print or type and complete all sections. An incomplete section will be considered

non-responsive.

1. Name of Offeror: _____________________________________ 2. Address and phone number of home office, principal place of business and locations and contact information for any branch offices: 3. Type of business structure, e.g., corporation, partnership, joint venture, proprietorship: 4. Place of organization or state of incorporation: 5. Names and addresses for all owners for businesses other than corporations. For corporations, list the names and addresses of directors, officers and stockholders with twenty (20) percent ownership interest or greater: 6. Places, including individual states and territories of the United States, where registered as a foreign corporation:


7. Evidence of insurance coverage not less than the following (see below). Prior to or concurrent with contract execution, the Contractor must provide ASPA with one or more certificates of insurance naming ASPA as additional insured on its Public/General Liability and Automobile policies. Insurance specifications are as follows:

(i) Workmen’s Compensation: Statutory (ii) Employer’s Liability: $500,000

(iii) Public Liability (per person/per occurrence) (a) Bodily and personal injury: $500,000/$1,000,000 aggregate (b) Property Damage: $100,000/$200,000 aggregate

(iv) Automobile Liability (per person/per occurrence):

(a) Bodily and personal injury: $500,000/$1,000,000 aggregate (b) Property Damage: $100,000/$200,000 aggregate

8. List all countries and all states, territories and possessions of the United States in which similar consulting work has been performed in the last three (3) years, including:

(i) Name of awarding agency or owner for which work was performed:

(ii) Nature and scope of contract, including total dollar value:

(iii) Dates of performance:

(iv) Whether performance was completed within the specified time under the contract and, if not, why not:


(v) Whether contract was performed under joint venture, and if so, with whom and under what arrangement:

9. The name or names of supervisory personnel employed on the work under this Contract, including the experience record for each that indicates the degree of responsibility and type of work supervised: 10. The names and addresses of three references, at least one of which should be a bank or other lending institution, governmental agency or bonding company.

11. List four major projects of a similar nature, which have been completed by the Offeror within the last three (3) years, the total dollar amount of each project and the owner/contract person as a reference.

• Order Name _______________________________________________________ Date Completed_____________________Total Order Cost $________________ Name of Owner_____________________________________________________ Owner’s phone number_______________________________________________



• Order Name _______________________________________________________

Date Completed_____________________Total Order Cost $________________ Name of Owner_____________________________________________________ Owner’s phone number_______________________________________________

12. Number of employees working for Offeror:


13. Have you ever sued or been sued by any Government Agency? 14. If so, name the agency and reasons thereof: 15. What type of equipment does your company own and which equipment will you utilize for this project?


ATTACHMENT D


BID BOND

No. _______________

KNOW ALL PERSONS BY THESE PRESENTS that _________________________, as Principal, hereafter called the “Principal,” and ___________________, a duly admitted insurer under the laws of the Territory of American Samoa, as Surety, hereinafter called the “Surety,” are held firmly bound unto the American Samoa Power Authority (“ASPA”) for the sum of ___________________ dollars ($ _____________), for payment of which in lawful money of the United States, will and truly to be made, the said Principal and the said Surety binds themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted a proposal for the removal of scrap metal from the ASPA Tafuna Scrap Metal Yard, RFP# 2007SW1005;

NOW, THEREFORE, if American Samoa Power Authority shall accept the bid of the Principal as the apparent lowest and best responsible bidder, the Principal shall do the following:

(1) Enter into a written contract, in the form prescribed by ASPA, in accordance with the Principal’s bid;

(2) File a bond with ASPA to guarantee faithful performance, as required by the Contract Documents; and

(3) Furnish certificates of insurance and all other items as required by the Contract Documents.

In the event of the of the failure of the Principal to enter such contract, furnish such

performance bond, or furnish certificates of insurance and all other items as required by the Contract Documents, if the Principal shall pay to ASPA the difference not to exceed the amount hereof, between the amount specified herein and such larger amount for which ASPA may in good faith contract with another party to perform work covered by the Principal’s proposal, if the latter be in excess of the former, then this obligations shall be null and void, otherwise to remain in full force and effect.

In the event that suit is brought upon this bond by ASPA, Surety shall pay reasonable attorney’s fees and costs incurred by ASPA in such suit.

[Signature Page Follows]


IN WITNESS WHEREOF, we have hereunto set our hands on this bid bond this ___ day

of _________, 2007. Principal: _________________________ Surety: _______________________ (Name of firm) (Name of firm) By: _________________________________ By: ________________________________ Name: Name: Title: Title: By: _________________________________ By: ________________________________ Name: Name: Title: Title: Resident Agent: By: ________________________________ Name: Title: Address for notices: Address for notices: ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ NOTE: The signature of the person executing this Bid Bond must be notarized. If an attorney-in-fact executes the Bid Bond on behalf of the surety, a copy of the current power of attorney bearing the notarized signature of the appropriate corporate officer must also be included with the Bid Bond.


ATTACHMENT E

Performance Bond Instructions

A performance bond must be provided prior to or concurrent with the execution of

the written contract. The performance bond shall be in the amount of Seven Hundred and Fifty Thousand Dollars ($750,000). The Performance Bond shall be filed with an authorized surety company listed in Circular 570 (4810-35; 2006 Revision of the U. S. Department of Treasury), approved or issued by a surety acceptable to ASPA. The most current list of Treasury authorized companies is available through the Internet at http://ww.fms.treas.gov/c570. The Performance Bond will be in force until the work is completed following the Notice to Proceed.

If awarded the Contract, the undersigned agrees to complete the work within

TWO (2) YEARS of receipt of the Notice to Proceed as defined in the General Provisions and the Contract. If the undersigned fails to complete the work within two years of receipt of the Notice to Proceed, not including any extensions by ASPA, the undersigned shall forfeit the performance bond to the American Samoa Power Authority.



PERFORMANCE BOND

No. __________________

KNOW ALL PERSONS BY THESE PRESENTS, that ___________, as

Principal, and _______, as Surety, both authorized to transact business in the Territory of American Samoa, are held and firmly bound unto the American Samoa Power Authority (“ASPA”), as Obligee, in the sum of Seven Hundred and Fifty Thousand Dollars ($750,000), in lawful money of the United States of America, for which payments we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The conditions of the above obligation are such that:

WHEREAS, the above named Principal has entered into that certain contract

with ASPA for the removal of scrap metal from ASPA’s Tafuna Scrap Metal Yard compound, dated the __ day of _____________, 2007, as is more and fully described in such contract (the “Contract”);

AND that said Contract shall be completed within two (2) years from the date of the notice to proceed is provided by ASPA, unless extended as herein provided;

NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by ASPA;

AND in the event that if the Principal shall well and truly and in good, sufficient and workmanlike manner, perform or cause to be performed the Contract, and each and every of the covenants, promises, agreements and provisions therein stipulated, and in each and every respect comply with the conditions therein contained, then this obligation shall be void and promptly released by ASPA, otherwise to remain in full force and effect.

AND the Surety hereby waives notice of any alteration or extension of time made by the ASPA.

SIGNED, sealed and delivered this ___ day of __________, 2007.

[Signature Page Follows]


IN WITNESS WHEREOF, we have hereunto set our hands on this performance bond this ___ day of _________, 2007. Principal: Surety: By: _________________________ By: ________________________________ Name: Name: Title: Title: By: _________________________ By: ________________________________ Name: Name: Title: Title: Mailing Address: Mailing Address: ____________________________ ___________________________________ ____________________________ ___________________________________ ____________________________ ___________________________________ Attorney in fact: ______________________ (Attach power of attorney)

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