Attachment 2 Performance Work Statement.pdf

ATTACHMENT 2 PERFORMANCE WORK STATEMENT

SECTION A

A.1 INTRODUCTION

This is a solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 Commercial Item as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and proposals are being requested to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The solicitation is being issued as a Request for Proposals (RFP) number 47QSCC20R0012.

The U.S. General Services Administration (GSA), Federal Acquisition Service (FAS), General Supplies and Services (GSS) Portfolio, Office of Supply Chain Management (SCM) Internal and Emergency Acquisition Division (IEAD) is seeking proposals from contractors who can provide Global Supply outside the Contiguous United States (OCONUS) Logistics Operations Solutions Support within INDO-PACOM Guam. Currently, GSA is the supplier of choice for both federal civilian and Department of Defense (DoD) consumers of office supplies, tools and hardware, houseware, furniture, and cleaning products. The purpose of this procurement is to support overseas customers by utilizing a more expeditious solution to supply items to the customer.

The contractor will be responsible for sourcing, warehousing and delivering products within 3 business days after receipt of order. Attachment 3 shows the National Stock Number (NSN), NSN description, Unit of Measure, and the number of items ordered in calendar year 2018. The costumer shipments may be “Shipped To” could either be DoD and/or Federal civilian customers in and around Guam. Attachment 4 contains a sampling of locations to which the contractor may be required to ship commodities. Attachment 4 is not an all-inclusive list; as such, the contractor must be able to deliver to any location in Guam.

Large furniture items will also be included in this contract but those items will not be subject to the same 3 business day delivery requirement. The Contracting Officer (CO) and the Program Management Office (PMO) will determine the delivery time frame for large furniture items which will be identified in the specific delivery orders for those items.

The contract is established to support only those DoD components and Federal civilian agencies operating in and around Guam. The contractor shall not use the shipping of commodities or the warehouses used to store the commodities associated with this IDIQ contract in any capacity other than to support this contract and GSA’s INDO-PACOM requirement for Guam.

A.2 MINIMUM DOLLAR VALUE

GSA guarantees a minimum dollar value of $20,000.00 for this solicitation.

A.3 GENERAL

The contractor is required to provide a total supply chain solution from sourcing, procuring, warehousing, transporting or arranging for transportation/delivery to the location identified in each Delivery Order (DO) as detailed in Section C of this PWS.

A.4 CONTRACT TYPE

The IDIQ contract will be on the basis of Firm Fixed Price (FFP).

A.5 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

The IDIQ will be established with a contractor holding the below North American Industry Classification System (NAICS) in the System for Award Management (SAM):

- NAICS 493190 Other Warehousing and Storage

**To be considered eligible for the IDIQ, the contractor’s SAM account shall reflect the above NAICS code prior to submitting a proposal in response to this RFP.

A.6 PERIOD OF PERFORMANCE

The IDIQ’s Period of Performance (PoP) consists of a one-year base period and four (4) one-year option periods. The CO may exercise an Option Period only after conducting an annual evaluation in accordance with FAR Part 17.207-Exercise of Options. Option exercise is not guaranteed.

A.7 SMALL BUSINESS SET ASIDE

This solicitation is set aside for small businesses only. Only those small business offerors listed in the SAM under the NAICS 493190 will be considered for an award.

A.8 CLIN STRUCTURE AND PRICE SCHEDULES

A.8.1 Base Period, Option Period 1, Option Period 2, Option Period 3, Option Period 4

CLIN

NUMBER

TOTAL PRICING

TOTAL ESTIMATED VALUE

TOTAL BASE PERIOD

PRICING TBD by Offeror

TOTAL OPTION YEAR ONE

PRICING

TBD by Offeror

TOTAL OPTION YEAR TWO

PRICING

TBD by Offeror

TOTAL OPTION YEAR THREE

PRICING TBD by Offeror

TOTAL OPTION YEAR FOUR

PRICING TBD by Offeror

TOTAL ESTIMATED CONTRACT VALUE TBD by Offeror

SECTION B

B.1 SCOPE OF WORK REQUIREMENTS

The contractor is required to provide a total supply chain solution from sourcing, procurement, warehousing, transporting or arranging for transportation, and delivery to the location identified in each DO. Specific business rules and requirements are identified below.

I. Procuring

a. The items identified in Attachment 3 represent commercially available items, such as office supplies, janitorial and sanitation supplies, and industrial products.

Attachment 7 provides the National Stock Number Descriptions. All items must conform to the specifications of the NSN in Attachment 7.

b. The actual list of products will be dynamic during the life of the contract with additions, modifications and deletions of items matching NSN’s or part numbers which are within the scope of this solicitation. Either the government or contractor may suggest these types of changes, but change approval rests solely with the government.

c. The contractor must have a plan for monitoring suppliers’ compliance with the

Domestic Sourcing Restrictions contained in the contract, Preference for Certain Domestic Commodities, Berry Amendment, Trade Agreements Act (TAA), Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate, Restrictions on Certain Foreign Purchases, and Restriction on Acquisition of Hand or Measuring Tools.

d. The contractor is responsible for sourcing all products in Attachment 3, as well as other products added throughout the life of this IDIQ, and the products must meet the following requirements:

• Pursuant to the provisions of the Javits-Wagner-O’Day Act, production facilities of the NIB and NISH items marked as AbilityOne in Column D in Attachment 3 are mandatory sources and the contractor must procure those items from AbilityOne distributors.

• Pursuant to FAR 8.6, items marked as Federal Prison Industries (UNICOR) in Column D in Attachment 3 are mandatory sources for the contractor and the contractor must procure those items from UNICOR.

• All other items listed in Attachment 3 not identified as AbilityOne or UNICOR must be TAA compliant per FAR subpart 25.4. A list of countries with Trade Agreements with the United States is located at:

https://ustr.gov/trade-agreements/free-trade-agreements.

• Contractors must provide Letters of Authorization for all toner items in

Attachment 3 stating that the contractor or their subcontractors are authorized distributors for the specified type of toner product that will be supplied.

https://ustr.gov/trade-agreements/free-trade-agreements

e. Unit of Issue. The items identified in Attachment 3 are standard U.S. government unit of issue. Variances from this unit of issue must be explicitly identified in the proposal.

II. Warehousing

a. The contractor must have ownership or access to at least one warehouse in Guam or the contractor must provide documentation showing that it will have ownership or access to at least one warehouse immediately upon contract award.

b. The proposal must detail the total number of warehouses available to the contractor in Guam and worldwide to fulfill the contract, the sizes of the warehouses, and when the warehouses will be fully operational.

c. The proposal must demonstrate the contractor fully understands and acknowledges that the warehouse spaces are to be used solely for the storage of material that supports this initiative.

III. Transportation/Delivery

a. The contractor will deliver all items to the destination identified in the DO within 3 business days of receipt of the DO from GSA. Attachment 3 identifies forecasted volumes in the INDO-PACOM Guam.

b. The contractor must meet the installation security requirements listed as Security

Considerations in the solicitation.

c. The contractor shall comply with FAR 52.247-64 (Alternate 1) and that all containers will be shipped to Guam on US flag vessels to comply with the United States Department of Transportation Maritime Administration (MARAD) requirements.

d. Consolidation of orders is allowed; however, the delivery requirements for all items in the shipment, and identified on the DOs, must not be affected by the consolidation.

Consolidated shipments must only be consolidated to the end user identified in the “Mark For” data field of the DO.

e. The contractor shall be responsible for the creation and application of supply and shipping documentation, shipping labels, and package markings meeting customer requirements. The Contracting Officer’s Representative (COR) will ensure that all goods received conform to applicable regulations, as well as agency requirements, related to documentation, preservation, packing, packaging, marking, and labeling to include a readable 2d barcode. The primary references for this are:

• Defense Standard Practice for Military Packaging (MIL-STD-2073)

• Department of Defense Standard for Military Marking for Shipment and Storage

(MIL-STD-129)

f. Dangerous Goods/Hazardous Materials. The contractor shall be responsible for compliance with all dangerous goods/hazardous materials regulations governing shipping, storing, and handling.

IV. Vendor e-Portal and EDI Requirements

a. The contractor must have an e-portal system that meets the requirements noted in the solicitation and must provide GSA and its customers access to the e-portal. The e-portal system must allow the government to view current, up to date information on all shipments, including the requisition numbers, purchase order number and delivery status as well as current, up to date stock levels and additional information on all commodities such as the country of origin and whether the items are AbilityOne or UNICOR specific, as well as other statistical data the government may request to view via the e-portal.

b. The contractor must have EDI interfaces with GSA as the primary method for transmission of data in the normal course of business. The contractor must establish the EDI interfaces during the ramp up period following award and must maintain those interfaces as they will be the primary method of data transmission throughout the life of the contract.

V. Performance Metric

The following metrics will be used to measure contractor performance:

a. Order fulfillment. The right item, in the right quantity and condition will be delivered within the specified time-frame at a level not less than 97.5% for each quarter of each Fiscal Year. The basis for this measurement will be from the date the DO is issued until the date of delivery (proof supplied by the contractor) or the customer processes the delivery receipt, whichever is earlier.

b. Use of mandatory sources. All items must be sourced as identified in this PWS and the solicitation.

VI. Contingency/Surge Requirements

Surge requirements may occur in the event of a real world contingency or planned exercise. The contractor must demonstrate it has the capability to meet the increased demand, by as much as 25% for each item, for a period of 30 days to 6 months at a time.

VII. Warranty and Recalls

The contractor will immediately notify the CO and the customer when an issue associated with warranties or recalls for any product identified in Attachment 3, or later added to the contract, arises. The contractor shall review orders for items that may have a warranty or be under recall and directly notify customers who have purchased items within these categories, in addition to notifying the GSA CO and other responsible government parties as identified.

VIII. Base and Installation Security Access General Information Contractor access to military installations for delivery personnel and vehicles shall be coordinated through the CO or designated representative. The contractor shall obtain identification cards and base passes for employees and vehicles. At time of application, Security Forces may conduct a background check on employees. Upon termination of employment, the contractor shall return identification cards and base passes to Security Forces within 24 hours. The contractor shall submit all quests on company letterhead to the CO listing the following: contract number, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The CO will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

When work under the contract requires unescorted entry to controlled or restricted areas, the contract holder shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, citing the appropriate paragraphs as applicable.

These procedures are subject to change. No changes to base access procedures will constitute the basis for a claim against the government. The GSA representative in Guam will assist the contractor with installation access procedures.

Employees

• The contractor shall be responsible for compliance with base and installation security and access requirements for each location. The contractor and/or its subcontractor(s) must provide the CO, within 15 days of contract award, the delivery drivers’ and contractor employee’s/representative’s social security number or the Guam number called “a resident registration number”; date of birth; copy of drivers’ license and a copy of the individual’s passport for those individuals that will need to obtain base and installation access.

Contractor will be assessed a penalty of $300 (U.S. Dollars) per day for failure to register employees within 15 days of contract award. Contractor will also be assessed $300 (U.S. Dollars) per day for any day it is found not in compliance with base access, vehicle requirements during the life of the contract. The CO will also assess a negative CPARS report for the contractor or subcontractor.

• The contractor’s employees must be easily recognized as its employees or as a subcontractor. This may be accomplished by either (1) the employee wearing distinctive clothing bearing the company’s name or subcontractor’s name and employee’s name, or (2) the employee wearing an identification badge bearing the company’s name or subcontractor’s name and the employee’s name, with the badge worn or attached to the employee’s outer garment at all times. Clothing or badges shall be provided by the contractor. Employees shall present a neat and clean appearance.

Motor Vehicles All company-owned and privately-owned motor vehicles requiring access to military installations during performance of the contract must be registered with each installation prior to gaining access. The requisite decals and/or permits will be issued and displayed on the vehicles in the manner as directed by the Vehicle Registration Officer. Vehicle decals shall be removed from vehicles and turned in to Vehicles Registration at the end of the contract or as soon as the vehicles are no longer used in the performance of the contract or as directed by the CO. The contractor or its subcontractor’s vehicle shall have its name neatly exhibited on each side of the vehicle. The vehicle shall be maintained in a satisfactory mechanical condition and display a valid license plate, have the proper insurance and safety inspection sticker. The contractor shall operate vehicles in compliance with base traffic regulations. There is a 15 day approval period, at minimum, before contractor and/or subcontractor vehicles are allowed to enter bases and installations.

Contractor will be assessed a penalty of $300 (U.S. Dollars) per day for failure to register vehicle within 15 days of contract award. Contractor will also be assessed $300 (U.S. Dollars) per day for any day it is found not in compliance with base access, vehicle requirements during the life of the contract. The CO will also assess a negative CPARS report for the contractor or subcontractor.

IX. Insurance All vehicles must be properly inspected/insured as indicated herein. Prior to the commencement of work, the contractor shall furnish to the CO a document confirming the required insurance has been obtained for each contract vehicle. The contractor must ensure that the requisite insurance policies, as identified herein, provide that any cancellation of or any material change to the policy shall not go into effect for no less than thirty (30) calendar days after written notice of the cancellation or change has been provided to the GSA CO and the GSA CO has submitted his or her approval to the cancellation or change.

The contractor shall be required to demonstrate it will be in compliance with the following at the time of contract award:

a. Automobile Property Damage Insurance Amount: $1,500,000 U.S. Dollar

b. Bodily Injury Insurance Amount: $1,500,000 U.S. Dollar

Contractor will be assessed a fee of $1,500 per day (U.S. Dollars) if it fails to maintain insurance and will result in negative CPARS report for the contractor or subcontractor and could result in future option periods not being exercised.

X. Vendor Portal (VP) and Electronic Data Interchange (EDI) Requirements The contractor will be responsible for establishing EDI interfaces with GSA as the primary method for transmission of data associated with conducting business with GSA Vendor Portal (VP) and Electronic Data Interchange (EDI) Requirements

The government will allow the vendor to choose either VP or EDI for conducting business transactions with GSA. VP requires retrieval of orders and significant manual entries of transactional data via a GSA provided portal. EDI is better suited for higher volume vendor but upfront costs can be significant. Additional information and points of contact for business transaction processing requirements can be found at http://www.gsa.gov/portal/content/151058.

Note:

● Within 3 days of contract award, the contractor must contact gsaedi@gsa.gov to start the

EDI or VP onboarding process. Failure to contact GSA EDI within the above identified timeframe may result in negative CPARS reports.

● Contractors which may temporarily receive both fax and EDI/VP orders are responsible for ensuring that they do not duplicate] orders.

a) VP Transactional Business Requirements Vendors choosing VP shall be provided with an internet portal address and logon to perform commodity transaction processing with GSA.

All transactions will be submitted to and received by the “prime” vendor ONLY. Any additional electronic transaction communication that is required to fulfill Customer Order(s) between the vendors and its suppliers shall be the responsibility of the “prime” vendor ONLY. No subcontractor submissions accepted.

The contractor must coordinate with GSA on a regular basis, to be determined by the CO and the contractor, in order to understand and verify compliance with GSA business rules and requirements as they relate to:

● Processing of backorders;

● Purchase order acknowledgements;

● Shipment information;

● Delivery information;

● Delivery documentation;

● Accuracy of data provided to GSA;

● Contractor cancellations;

● Customer cancellations;

● Interpretation of GSA data in order to meet GSA shipping documentation guidelines; and

● Processing of emergency purchase orders

b) VP Transactional Data Requirements The Vendor is required to retrieve orders and provide the following information and data via the

VP:

● Acknowledge receipt of a purchase order within one calendar day

● Acknowledge receipt of a purchase order change within one calendar day

● Provide Requests for:

o Backorder o Changes in delivery dates o Substitution o Cancellation

● Provide purchase order status of: cancelled, backordered, or shipped;

http://www.gsa.gov/portal/content/151058 mailto:gsaedi@gsa.gov o Back Orders MUST have an Estimated Delivery Date included

● Provide shipment information o Shipment Status (ship, cancel or backorder) o Carrier tracking number

● Export Packing Facility or Consolidation and Containerization point used

● Provide Advance Ship Notice within one calendar day following shipment

● Provide delivery confirmation information including, but not limited to, date of delivery for all shipments

● Invoice for orders fulfilled when delivered o Correct erroneous information provided to GSA on the disposition of a purchase order;

o Full line accountability is required o Utilize the FedPay portal at http://apps.ocfo.gsa.gov/vendorpayment/index.htm.

In addition, GSA may require the vendor to fully comply with future system or transaction changes including, but not limited to, the following:

● Transportation Carrier Shipment Status Message/Shipment Delivery Date

● Inventory Inquiry/Advice codes

c) EDI Transactional Business Requirements Vendors must reliably perform commodity transaction processing with GSA by utilizing a standardized electronic method of communication, compatible with GSA transactional systems. GSA utilizes the ANSI (American National Standards Institute) X-12 family of transaction sets to electronically communicate both “Inbound” and “Outbound” transaction sets.

All transactions will be submitted to and received by the “prime” vendor ONLY. Any additional electronic transaction communication that is required to fulfill Customer Order(s) between the vendors and its suppliers shall be the responsibility of the “prime” vendor ONLY. No subcontractor submissions accepted, and contractor teaming arrangements must designate a lead vendor.

The contractor must coordinate with GSA on a regular basis, to be determined by the CO and the contractor, in order to understand and verify compliance with GSA business rules and requirements as they relate to:

● Processing of backorders;

● Purchase order acknowledgements;

● Shipment information;

● Delivery information;

● Delivery documentation;

● Accuracy of data provided to GSA;

● Contractor cancellations;

● Customer cancellations;

● Interpretation of GSA data in order to meet GSA shipping documentation guidelines; and

● Processing of emergency purchase orders

All electronic communications between GSA vendors shall be through the GSA EDI Gateway or a GSA identified third-party service provider.

http://apps.ocfo.gsa.gov/vendorpayment/index.htm

d) Initiating Electronic Communications with GSA GSA reserves the right to test and validate the vendor’s EDI capabilities for all required transaction sets before on-boarding is authorized.

GSA will coordinate the process to on-board the contractor selected for award directly to the GSA EDI Gateway or an approved GSA identified third-party service provider using the ANSI X-12 EDI standards detailed in the sections below and identified in the Table in section C.3.6, below, of this document.

To initiate the onboard process, GSA will provide vendors with a list of EDI questions which are used to determine specific vendor EDI capabilities. The questions shall be completed by the vendor and returned to GSA within five (5) business days.

Upon completing the EDI-Survey, GSA will coordinate end-to-end process testing with the vendor to assure compliance with EDI specifications. The end-to-end testing is estimated to be completed within 90 days after contract award/modification, excluding any protest periods.

e) EDI Transaction Implementation Conventions The Table below shows the EDI Implementation Specification for a given transaction set. The following web site is available as a resource for researching detail on the business to government and government to business transactions https://vsc.gsa.gov/EDIUser/eddven.cfm.

TABLE 1

EDI TRANSACTION IMPLEMENTATION CONVENTIONS

EDI

Transaction Version Notes

ISA

(Interchange)

Version GS (Group)

Version Invoice 810 4010 00401 004010

Invoice 810 3010 (4010 is preferred) 00401 003010

Delivery Order 850 3040 00304 003040 Delivery Order Acknowledgement 855 4010 00401 004010 Advance Ship Notice (ASN) / Manifest 856 4010 00401 004010 Delivery Order Cancellation / Customer Initiated Change 860 4010 00401 004010

Functional Acknowledgement 997

3010, 3040, Based on interchange version same version of transaction set it is acknowledging.

Note:

GSA reserves the right to implement additional ANSI X-12 transaction sets as its business operations deem appropriate and will require vendors to implement them in a timely manner. Future transaction sets may include EDI 846 (Inventory Inquiry/Advice), EDI 214 https://vsc.gsa.gov/EDIUser/eddven.cfm

(Transportation Carrier Shipment Status Message/Shipment Delivery Date), EDI 865 (Purchase Order Change Acknowledgement), and EDI 315 (Status Details, Ocean).

f) Validation Testing of EDI Transaction Sets GSA personnel will validate vendor’s EDI Transaction Set communication following contract award or modification. GSA will coordinate end-to-end testing with GSA systems and the vendor’s systems. At a minimum, the following transactions will be validated:

● EDI 850 Purchase Order

● EDI 997 Functional Acknowledgement

● EDI 855 Purchase Order Acknowledgement

● EDI 856 Advance Ship Notice/Manifest

● EDI 860 Purchase Order Cancellation / Customer Initiated Change

● EDI 810 Invoice

GSA may select up to 20 items from the vendor’s offering for end-to-end testing and conduct testing with live production orders. These items will be tested under a number of different scenarios, such as: cancellation, backorder, multiple shipments, etc.

g) Business Communications to and from the Government GSA utilizes the ANSI X-12 family of EDI specifications to electronically communicate both “Inbound” (transactions provided by the vendor to GSA) and “Outbound” (transactions sent by GSA to the vendor) transaction sets for its business operations.

The following Inbound and Outbound EDI transaction sets are required for EDI vendors:

● Inbound EDI types (Transactions sent to GSA from Vendors)

● 855: Purchase Order Acknowledgement with three possible types of status:

Accept, Backorder or Cancel (Note: Any backorder must be accompanied by an expected ship date) o 856: Advance Ship Notice/Manifest with three possible types of status:

Ship, Backorder or Cancel (Note: Any backorder must be accompanied by an expected delivery date) o 810: Invoice o 997: Functional Acknowledgement

Outbound EDI types (Transactions sent from GSA to Vendors) o 850: Purchase Order (PO) GSA POs are transmitted hourly to the vendor. The vendor is required, at a minimum, to acknowledge all purchase orders within 24 hours of receipt.

o 860: Purchase Order Cancellation / Customer Initiated Change o 997: Functional Acknowledgement

h) Business to Government Communications using EDI Transaction Sets This section provides details regarding business-to-government transactions using EDI.

Vendors shall work with GSA to understand and adhere to GSA business rules and requirements as they relate to:

● Accuracy of data provided to GSA

● Purchase Order Acknowledgements

● Shipment information

● Delivery information

● Delivery documentation

● Processing of emergency Purchase Orders

● Processing of Backorders with the appropriate Estimated Ship Dates

● Customer cancellations

● Vendor cancellations

● The Interpretation of GSA data in order to meet GSA shipping documentation guidelines

Note: Submission of Vendor’s offering will be direct to GSA using current mechanisms of EDI or the Schedule Input Program (SIP) process. Currently, GSA is transitioning to a new Formatted Product Tool (FPT) for catalog uploads which will replace the SIP process.

● Functional Acknowledgement (EDI 997)

An EDI 997 is sent from the vendor to GSA in order to acknowledge the receipt of any EDI transmission sent from GSA. The EDI 997 must be sent no later than four (4) hours after receipt of an EDI transaction set from the GSA.

● Purchase Order Acknowledgement (EDI 855)

Purchase Order Acknowledgements shall be communicated with one of three possible types of status for each line item of the PO. The possible status types are; Accept, Backorder or Cancel.

Any EDI 855 Backorder shall be accompanied by an estimated ship date.

● Advanced Ship Notice/Manifest (EDI 856)

The Advance Ship Notice/Manifest shall be communicated with one of three possible types of status for each line item of the PO. The possible types of status are; Ship, Backorder or Cancel. EDI 856 for shipped orders shall be communicated within 24 hours after an order has been shipped to a customer.

Any EDI 856 Backorder shall be accompanied by an estimated ship date.

GSA reserves the right to require any additional information it deems appropriate to conduct normal business operations. This may include but is not limited to, Proof of Delivery, Signature information of the individuals receiving items and Date of Delivery, etc.

The EDI 856 shall be provided to GSA prior to submitting the invoice (EDI 810) for any item.

● Purchase Order Cancellations or Customer-Initiated Change Request (EDI 860)

Within 24 hours after a Purchase Order Cancellation or Customer-Initiated Purchase Order Change Request has been received by the vendor, the vendor shall provide status on any order with either a Purchase Order Acknowledgement (EDI 855) or the Advance Ship Notice/Manifest

(EDI 856).

● Invoice (EDI 810)

Invoices shall be sent via the EDI 810 in a timely manner and only after the item(s) being invoiced have actually delivered and GSA has been provided the appropriate status via the EDI

856. Invoices shall be sent to GSA via their EDI Gateway and forwarded to Fedpay for processing.

i) Government to Business Communications Using EDI Transaction Sets

This section provides details regarding government-to-business transactions using EDI.

● Purchase Order (EDI 850)

GSA will submit Purchase Orders to vendors utilizing the EDI 850 transaction sets. EDI 850 transaction sets provide all the data necessary to identify commodity information and detailed customer information as well as delivery, payment and billing requirements for all orders. These POs are transmitted hourly to the vendor, seven (7) days a week.

● Purchase Order Cancellation (EDI 860)

An EDI 860 Cancellation (GSA Initiated) transaction set cancels a customer order in its entirety or for the full/partial quantity of a line item. GSA receives a cancellation status if the cancellation was successful or a shipment status if the cancellation was unsuccessful.

An EDI 860 Customer-Initiated Change Request transaction set initiates an overage shipment transaction (a situation where the customer desires to retain and pay for the extra items received) and provides the data necessary to generate a proper invoice.

● Functional Acknowledgement (EDI 997)

An EDI 997 is sent from GSA to the vendor to acknowledge the receipt of any EDI transmission sent to the GSA.

j) Customer Order Fulfillment Exceptions All DO line item(s) that have not been fulfilled within the contractual delivery time-limit (with exceptions) must be communicated to the GSA Contracting Officer, or a duly authorized GSA representative, within one calendar day of the delivery with the appropriate method and timeline for resolution. This communication must include the entire population of transactions and must include, at a minimum, the expected shipment or cancellation date for each line item. The preferred format for this communication is Microsoft Excel or equivalent.

XI. WARRANTY AND RECALLS

The contractor must review orders for items that may have a warranty or be under recall and will immediately notify the CO and the customer regarding any issues associated with warranties or recalls for any product identified in Attachment 3.

XII. DELIVERY ORDER (DO) DELIVERABLES

The contractor must comply with the QASP in Attachment 6. The QASP sets forth the procedures and guidelines the government will use to ensure the required performance, quality standards, and levels of service are achieved by the contractor. This will occur by applying the Methodologies to Monitor Performance as outlined in Section 3.0 of the Attachment 6, QASP.

The methods include Surveillance, Customer Feedback, and determination of adherence to Acceptable Quality Levels that are listed in the QASP section for Performance Work Summary.

All of this information is used to monitor contract performance, quality, as well as to identify the required documentation and necessary resources.

The QASP will be used to monitor contractor compliance with the requirements in the solicitation.

XIII. DISCLOSURE OF DATA

Duplication or disclosure of the data and other information produced by the contractor hereunder is prohibited. Accordingly, the contractor shall not disclose any data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the CO. The contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the contractor in contract performance or otherwise.

XIV. SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the CO. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the CO. These obligations do not cease upon the termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

XV. RECORD KEEPING, INSPECTION AND ACCEPTANCE

1. Delivery Receipt:

A government representative must sign for receipt of the items at each location. This signature(s) does not imply inspection and acceptance. The signature only acknowledges the delivery was made.

2. Inspection/Acceptance:

Inspection and Acceptance will be in accordance with FAR section 52.212-4.

XVI. MINIMUM AND MAXIMUM ORDER QUANTITIES

The Contractor shall accept all orders. There are no minimum or maximum individual order quantities.

XVII. EXERCISE OF OPTIONS

Per FAR Subpart 52.2179-9, the Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires.

The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

SECTION C

CONTRACT ADMINISTRATION DATA

C.1 CONTRACT ADMINISTRATION POINTS OF CONTACT

Contracting Officer Dominic Lackey

Contracting Officer General Services Administration 1800 F. Street Washington, DC 20405 Email:dominic.lackey@gsa.gov Phone: 202-501-2272

Contracting Specialist Michael Sheckels Contracting Officer General Services Administration 1800 F. Street Washington, DC 20405 Email:michael.sheckels@gsa.gov Phone: 202-412-6672

Contracting Officer’s Representative (COR) To Be Determined (TBD)

C.2 CONTRACTING OFFICER’S AUTHORITY

The CO assigned to this contract has the responsibility of ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the CO is the only individual who has the authority to enter into, administer, or terminate this agreement. In addition, the CO is the only person authorized to approve changes to any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, the said authority remains solely with the CO.

The contractor must immediately request clarification from the CO when a question arises regarding the authority of any person to act for the CO under the agreement or when the contractor receives direction that appears outside the scope of the agreement.

Costs incurred that were not authorized by the CO and work outside the scope of the contract must be considered unallowable costs and will not be reimbursed by the government.

C.3 AUTHORITY OF COR

Only those government representatives (e.g. COR), as designated in writing by the CO, may provide technical or other interpretations in the performance of this contract. Technical interpretation will be provided only within the limits specified in this paragraph, as delineated in a letter of authority from the CO, or contained in Section D or elsewhere of this agreement.

As used herein, “technical interpretation” is defined as providing technical clarification, confirming the results of meetings, completing details in the form of work orders, pursuing certain lines of inquiry, or otherwise serving to accomplish the contract Performance Work Statement (PWS). Technical directions may be issued either verbally or in writing. Such technical direction must include or comply with the following:

mailto:dominic.lackey@gsa.gov mailto:michael.sheckels@gsa.gov

1) Be consistent with the general scope of work and terms and conditions contained in the agreement.

2) Does not constitute assignment of new work or change the terms, conditions, or specifications of the agreement.

3) Does not constitute a basis, either directly or indirectly, that could result in a change in the pricing, quantity, quality, or period of performance as established in this agreement.

Technical direction that exceeds the authority listed above or the limits of specific letters of authority is invalid and will not be enforceable against the government. Any costs incurred by the contractor in violation of this clause will be considered unallowable costs and will not be reimbursed by the government.

C.4 CONTRACT ADMINISTRATION

Administration of the IDIQ will include but are not limited to the following:

1) Annual reviews of the IDIQ

2) Surveillance in conjunction with COR to ensure IDIQ holder is complying with terms and conditions including, but not limited to, the following:

a) Use of the IDIQ (GSA will rely on COR to evaluate whether items delivered, etc.)

b) Required delivery timeliness, which requires proof of inspection and acceptance as well as COR approved invoices. An itemized invoice shall be submitted at least monthly or upon expiration of this IDIQ, whichever occurs first, for all deliveries made and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

c) Proper billing (invoice submitted per instructions on the delivery order (GSA’s Credit and Finance Center).

SECTION D

SPECIAL CONTRACT REQUIREMENTS

D. 1 INCORPORATION OF SECTION E BY REFERENCE

Section E, Representations, Certifications and Notices to Offerors of Proposals, is hereby incorporated by reference into this contract.

D.2 PERSONAL SERVICES

No personal services shall be performed under this contract. No contractor employee will be directly supervised by the government. All individual contractor employee assignments, and daily work direction, shall be given by the applicable contractor supervisor. If the contractor believes that any government action or communication has been given that would create a personal services relationship between the government and any contractor employee, the contractor shall promptly notify the contracting officer of this communication or action.

The contractor shall not perform any inherently governmental actions under this contract. No contractor employee shall hold him or herself out to be a government employee, agent or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other government contractors in connection with this contract, the contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

The contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the government's rights in any way under any other provision of the contract, including those related to the government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

SECTION E

REPRESENTATIONS AND CERTIFICATIONS

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws.

It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

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(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;