10 - Letter of Supply

Letter of Commitment/Supply*

Offerors/Contractors - Please note this Letter of Commitment/Supply Template is the GSA template for Schedule 75. Please forward this approved letter to your supplier with the appropriate Solicitation number (if for a new offer) or Contract number (if adding a new product or product line or contract extension) [Submit on Supplier** Letterhead] [Date (must be within 12 months of offer submittal)]

[Offeror Name] [Offeror Point of Contact (POC)] [Address]

Re: Letter of Supply Dear [Offeror POC], This Letter of Supply is in reference to the offer that [Offeror Name] submitted in response to the General Services Administration’s Solicitation [enter Solicitation Number if a new offer] or Contract number [enter Contract number if existing contract].

In the event the [Offeror Name] has been or is awarded a Multiple Award Schedule (MAS) contract under the aforementioned solicitation/contract number, [Supplier Name] will assure an uninterrupted source of supply, with sufficient quantities of product to satisfy the Government’s requirements, for the duration of the contract period (to include option periods) provided [Offeror Name] remains in good standing with [Supplier Name] and [Supplier Name] is permitted to sell such products to [Offeror Name] under [Supplier Name]’s agreements with its vendors.

[Supplier Name] understands that all products and services offered on [Offeror Name]’s MAS contract must be compliant with the Trade Agreements Act (TAA)(19 U.S.C. § 2501, et seq.). Further, while we [Supplier Name] understands that responsibility for TAA compliance and Country Of Origin accuracy resides with [Offeror Name], [Supplier Name] agrees to work and cooperate with [Offeror Name] to support [Offeror Name]’s TAA compliance of items offered on its contract and to provide country of origin information.

[Supplier Name] will provide country of origin information or otherwise make the information available to the [Offeror Name]and will update such information and make it available to the reseller on a quarterly basis. Country of origin and TAA information provided by [Supplier Name] is based on information provided by product manufacturers and other third parties.

[Offeror Name] understands the receipt of this LOS is not transferable to any partner/APD (authorized participating dealer)/subcontractor/teamed organization.

[Supplier Name] understands that if it certifies to [Offeror Name] that an item being supplied meets or exceeds the minimum content levels established under the Comprehensive Procurement Guidelines***(CPGs) program, then, in order for [Offeror Name] to display the appropriate environmental attributes on its GSA Contract for the item, [Offeror Name] must retain proof in the form of a copy of the certification from the manufacturer or a copy of the environmental organization’s certification or be able to obtain such proof from [Supplier Name] on request. A document showing the percentage of the recovered materials and post-consumer materials in the item offered must also be retained by [Offeror Name] or be available from [Supplier Name] to [Offeror Name] upon request. Accordingly, [Offeror Name] and [Supplier Name] will mutually agree on a process to facilitate [Offeror Name’s] compliance with its EPA/CPG obligations under the Contract.

[Supplier Name] understands that if no proof of the environmental attributes being claimed is provided then [Offeror Name] will not be allowed to display the applicable environmental attribute icon.

[Offeror Name] understands that the Offeror Acknowledgement section, regarding manufacturer authorization status, on the following page, must accompany this letter of commitment/supply in order for this letter of commitment/supply to be valid.

The person whose signature appears below is authorized to make the commitments noted above.

Sincerely, [Signed by a [Supplier Name] company official authorized to make the commitment]

*The letter of commitment/supply is a template and will constitute the first page of the letter. Although the content herein is sufficient, Suppliers may provide additional verbiage in subsequent pages as long as the verbiage does not contradict the statements made in the above information.

**Please note that "Supplier" name is synonymous with "Manufacturer" and/or "Distributor."

***The EPA maintains a list of EPA-designated products in their CPGs to provide Federal agencies purchasing recommendations on specific products in several Recovered Materials Advisory Notices (RMANs). Each RMAN contains recommended recovered and post-consumer material content levels for the specific products designated by EPA (40 CFR part 247 and EO 13423: Strengthening Federal Environmental, Energy, and Transportation Management). Visit the CPG web site at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program to view the current list of products that must comply with Comprehensive Procurement Guidelines (CPGs). Also, CPG supporting documentations and background information (such as RMANs) can be found at:

https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg

Offeror Acknowledgement

[Offeror Name] understands that:

1. The following manufacturers have a Reseller Authorization Program: HP, Lexmark, Xerox and Clover.

2. [Offeror Name] must be authorized by the above-listed manufacturers to offer those manufacturers’ imaging supplies (ink or toner cartridges) product(s) on MAS.

3. [Offeror Name]’s Reseller Authorization status may change at any time, and any such changes may be reported by the manufacturer directly to GSA. Should the manufacturer deem [Offeror Name] as no longer meeting the OEM’s authorization/partner program and/or policy requirements, [Offeror Name]’s authorization to resell said product will cease immediately, and [Offeror Name] must take action to remove those items from its GSA contract and GSA Advantage listing within 48 hours. [Offeror Name] may contact the manufacturer directly for information regarding its Reseller Authorization status.

4. A roster of wholesale agents and dealers segregated by HP, Lexmark, Xerox, Clover, and other legitimate manufacturers may be found on https://www.businesssolutionsassociation.com/authorizeddealers [Offeror Name] may also inquire with the manufacturer for information regarding [Offeror Name]’s authorization status.

Signed by [Offeror]