Previously awarded period contracts

THE GENERAL TERMS AND CONDITIONS B DATED December 10, 2013 APPLY TO THIS SALE.

STANDARD INSTRUCTIONS, CLAUSES AND CONDITIONS

• Pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c.16), the General Terms and Conditions B, identified in the GCSurplus.ca website by date, and title are incorporated by reference and form part of the bid solicitation and resulting contract as though expressly set out in the bid solicitation and resulting contract.

SECURITY REQUIREMENT

• There is no security requirement.

Definitions

• "Period Contract" means the Articles of Agreement, these general conditions and any other document specified or referred to as forming part of the Periods Contract, all as amended by agreement of the Parties from time to time;
• "Period Contract Price" means the amount stated in the Period Contract to be payable to Canada.

Description

• This period contract is for the collection of end-of-life consumer batteries of various kinds.

Batteries each weighing less than 5 kg

• Li-ion batteries
• SSLA/pb Dry Cell batteries
• Ni-Cd, Ni-MH, Ni-Zn and single-use batteries
• Lithium Primary Batteries
• Various types of cellphone batteries

• Note: The contractor is advised that this material may be of an explosive or inflammable nature.

Term of the contract

• Period of the Contract
  • The period of the Contract is from 01/15/2024 to 01/14/2025 inclusive.
• Option to Extend the Contract
  • Upon mutual agreement of both Parties, the period of the Contract may be extended by and up to two (2) additional periods of one (1) year under the same terms and conditions. The Purchaser agrees that, during the extended period of the Contract, he will pay Canada in accordance with the applicable provisions as set out in the Basis of Payment.
  • Canada will notify the Purchaser within thirty (30) calendar days before the Contract expiry date of its desire to extend the period of the Contract. The option may only be exercised by the GCSurplus Sales Representative.
  • The agreement to extend the period of the Contract will be evidenced, for administrative purposes only, through a Contract amendment prepared by the GCSurplus Sales Representative.

Security Deposit

• A security deposit in the form of a certified cheque or an irrevocable letter of credit made out to the Receiver General for Canada or a Visa, MasterCard or Amex credit card payment of an amount of 20% of their bid is a condition precedent to Sales Contract issuing. Should the contractor fail to respect fully his/her obligations under the Sales Contract, the deposit will be forfeited to GCSurplus. Such forfeiture shall not limit or curtail any of GCSurplus' rights as stipulated in the Period Contract.

Location of Collection

• Single-use and rechargeable batteries will be collected at various government buildings in the Atlantic Region. Exact locations and number of sites will vary and will be determined as departments register for the program.

The contractor must meet the following standards

• Ministry of the Environment Federal and Provincial Certificates of Approval.
• Transportation of Dangerous Goods Act (TDGA);
• Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, 2005 (EIHWHRMR) under the Canadian Environmental Protection Act, 1999.

Removal Requirements

• The contractor must provide appropriate, sealed packaging and shipping materiel that meets industry standards.
• The contractor must provide appropriate replacement collection containers upon request by the client department.

Weigh Bill Reports

• The contractor shall record the weight of all battery boxes received and submit volume summaries and payment monthly or as determined by the GCSurplus Region. These reports and payment must be forwarded to:
  • GCSurplus - Atlantic
  • 210 Damascus Rd.
  • Bedford NS B4A 0C2
• Failure to provide the referenced weight reports as indicated may result in termination of the period contract.

Estimated quantity and end date

• The contractor acknowledges the quantity of scraps to be removed is an estimated quantity only and shall have no claim against the GCSurplus for shortages to this estimated quantity. If the quantity of scrap planned in the current contract is removed prior to the end date mentioned in the contract or the custodian advises that there is no further requirement, GCSurplus may terminate the current contract by giving fifteen (15) days notice to the contractor.

Unit price calculation

• The unit price also includes transporting, setting up and operating materials and/or equipment, as well as the company's overhead, administration, insurance, contributions, interest, rent, taxes and other incidental expenses.

Transportation Requirements

• Vehicle/equipment used to carry out the work must be certified for the product it will carry.
• WHMIS Training: WHMIS training for all Contractor personnel is the responsibility of the Contractor and documentation MUST be provided to reflect that the training and qualifications are current upon request by GCSurplus.
• The Contractor must comply with all Transport Canada regulation pertaining to the Dangerous Goods Act and all federal and provincial environmental regulations with regard to handling, packaging and shipping of the above-noted material and assumes full responsibility for damages to property, personal injuries or loss of life that may result from processing such items. The contractor agrees to and shall indemnify and save harmless Canada, PWGSC, GCSurplus and client department from and against all claims or demands in respect of any damages, injuries or loss.
• The Contractor understands and agrees that the batteries they acquire as a result of this requirement will be recycled. The Contractor will recycle the batteries in a manner that conforms with all applicable laws, regulations and other requirements of the jurisdiction in which they operate (federal, provincial, and municipal) as they relate to the Environment, Public Health and Safety, Labour and Dangerous and/or Hazardous Wastes and their collection, storage, transportation, and processing.
• The Contractor also understands and agrees that should they decide to dispose of the batteries in any way other than to have them recycled that all applicable provision of the province will apply to the contractor as the contractor will be considered as a waste generator.

Payment Requirements

• The contractor agrees to pay the submitted bid price per kilo of end-of-life consumer batteries. GCSurplus will invoice the Contractor for the weight of the batteries removed,
• The Contractor will be required to remit payment in full for each invoice within thirty (30) days of the date of the invoice.
• Payments must be made by a certified cheque.
• Failure to comply may result in termination of the period contract offer.

Discrepancies

• Any discrepancies in reference to weight, quantity and/or payment amounts must be brought to GCSurplus's attention within five (5) working days after receipt of the invoice. Failure to notify GCsurplus within this five (5) day period will result in the successful bidder accepting and paying in full as per the invoiced amount.

Already in Possession

• All batteries are sold on an "as-is/where-is" basis. Canada/PWGSC/GCSurplus makes no warranty, expressed or implied, legal, contractual or verbal, as to the quantity, quantity, kind, character, weight, size, or condition with respect to the batteries collected as part of this contract. Batteries are purchased at the Contractor's own risk.

Important Additional Information

• This contract is for End-of-Life, single-use and rechargeable batteries and is not to be used for disposal of Electronic Waste (E-Waste) and vehicle or industrial lead acid batteries.
• E-Waste material disposed through this end-of-life battery contract must be removed and managed in an environmentally sound manner. All associated costs are the responsibility of the client department that declared the material surplus.
• By bidding, the Contractor is confirming it understands and agrees to carry out all the Terms and Conditions of this Period Contract and understands that failure to do so may result in termination of the contract.

Amendments and Assignment

• PWGSC/GCSurplus and the Contractor may agree to amend these Terms and Conditions of Sale at any time between the announcement of the successful bid, and final removal of Assets and such agreement shall be valid, provided it is in writing and signed by both PWGSC/GCSurplus and the Contractor.
• The Period Contract must not be amended or assigned, in whole or in part, without the prior written agreement of both Parties.
• The sale of the batteries is not assignable by the Contractor to another party. Canada reserves the right to cancel the sale and limit her liability to a refund of the purchase price if the Asset is purchased on behalf of an undisclosed principal.

Liability and Limitation of Liability

• No action or claim may be brought by any person against Canada, PWGSC, GCSurplus or their designated client department for any loss or damage of any kind whatsoever arising from this Period Contract.

Environmental Protection

• The Contractor certifies that their method of removal, processing, disposal or export of the Assets from Canada, as well as the equipment used therefore, will be in conformity at all times with Canadian laws and regulations as well as any environmental laws, regulations or by-laws enacted by municipal, regional, provincial or federal authorities. The Contractor undertakes, moreover, to comply with all such laws, regulations and by-laws.
• In the case of hazardous electronics destined for re-use, disposal or recycling, the Contractor certifies that it meets the conditions of "export" under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations made pursuant to the Canadian Environmental Protection Act, 1999.
• The Contractor certifies that batteries purchased from PWGSC/GCSurplus will not be exported to China or Africa for the purpose of recycling or disposal. The Contractor must provide evidence of compliance with such laws to Canada at such times as Canada may reasonably request.
• The Contractor must obtain and maintain at its own costs all permits, licences, regulatory approvals and certificates required to perform the Work. If requested by the GCSurplus Sales Representative, the Contractor must provide a copy of any required permit, licence, regulatory approval or certificate to Canada.

Conduct of the Work

• The Contractor represents and warrants that:
  • They have everything necessary to perform the Work;
  • including the resources, facilities, labour, technology, equipment, and materials; and
  • They have the necessary qualifications, including knowledge, skill, know-how and experience, and the ability to use them effectively to perform the Work.

The Contractor must

• Perform the Work diligently and efficiently;
• Except for Government Property, supply everything necessary to perform the Work;
• Use, as a minimum, quality assurance procedures, inspections and controls are generally used and recognized by the industry to ensure the degree of quality required by the Contract;
• Select and employ a sufficient number of qualified people;
• Perform the Work in accordance with standards of quality acceptable to Canada and in full conformity with the Specifications and all the requirements of the Contract.