47QSSC-25-Q-2701_RFQ (2) (3).docx

COVER PAGE

SOLICITATION# 47QSSC-25-Q-2701

OPEN MARKET, BLANKET PURCHASE AGREEMENTS (BPAs)

WITH ECONOMIC PRICE ADJUSTMENT

FOR

FSC CLASS 5340 – LOCKS, COMBINATION

PERIOD: ONE (1) YEAR FROM DATE OF AWARD,

WITH FOUR (4) OPTIONAL ONE YEAR PERIODS,

ESTIMATED VALUE OF $5M

NOTICE TO OFFERORS:

ALL QUOTES SHALL BE EMAILED TO: securitycontainers@gsa.gov

Please note the following emphasized conditions and instructions below:

1. Multiple BPAs may be awarded if multiple offers are eligible for award. In the event of Small Business participation, a portion of the award will be identified for Small Business designation, based on an allotment that will be identified later in this document, more specifically the Method of Award Section on Page 63 of the “Continuation of SF 1449” (Request for Quotation (RFQ)). This will be included in this procurement to allow two or more contractors, when possible, to simultaneously provide the same product to ensure the continuous availability of reliable sources of supply.

2. This procurement will use the terms contractor(s), quoter(s), offeror(s), and vendor(s) synonymously; the terms quote(s) and offer(s) synonymously; and the terms procurement and solicitation synonymously.

3. This procurement contains two (2) National Stock Numbers (NSNs) of Physical Security Equipment (PSE) that must be quoted in order to be considered for award.

4. Quotes shall be submitted on the SF1449 and the following SF1449 Continuation Pages, pages 1-69. Sign and date your quote and submit by quote due date. Quoters that fail to furnish required representations and/or information or reject the terms and conditions of the RFQ, may be excluded from consideration.

5. Please present any questions regarding this solicitation to securitycontainers@gsa.gov, no later than 3:00 PM CST on 12/20/2024. Responses to vendor questions will be issued no later than 3:00 PM CST on 12/24/2024.

6. The Government intends to evaluate quotes and award agreements based on initial quotes. Therefore, quoters are encouraged to submit their best offer with their initial quote submission. However, the Government reserves the right to seek clarifications, if later determined necessary by the Contracting Officer.

***PLEASE REMOVE THESE COVER PAGES PRIOR TO SUBMITTING YOUR QUOTE***

PART I- CONTINUATION OF SF 1449

A. This solicitation for sourcing of items will be conducted pursuant to Simplified Acquisition Procedures under FAR Part 13, in conjunction with the appropriate combination of procedures in FAR Parts 12, and 15. This could result in a single award or multiple award scenarios, as described later in this solicitation. The resulting award(s) will be for Open Market BPAs, with an estimated value of $5M for a one year base period, with four (4) optional one year periods, after an annual review. The estimated quantities for the BPAs are indicated on pages 6 of this RFQ. The Federal Acquisition Service, Supply Chain Management (SCM) Contracting Division, General Products Branch may issue orders against these BPAs for items listed herein. This is not a contract. A binding agreement only arises if SCM issues an order, and the order is accepted by the BPA holder. Estimates contained herein are provided for informational purposes only. There is no guarantee that any orders or any specific number of orders will be issued. Any delivery orders issued will be pursuant to the evaluation of the quotes received. This is only a request for pricing. DO NOT SHIP.

B. The Government will award a BPA(s) in accordance with the Best Value Evaluation Criteria on Pages 39-41 and the Method of Award on Page 69 of this RFQ.

C. Delivery terms for any orders issued will be FOB Origin, Freight Prepaid (due to order system limitations, orders issued as a result of these BPAs will reflect FOB Origin Pre-Pay and Add, which is the exact same terms and conditions as Prepaid), direct delivery orders to any CONUS location. However, packaging and labeling may be required for orders with ultimate delivery locations OCONUS.

D. The Schedule of Items is on pages 6 & 7 and is to be used in submitting price quotes and additional requested information. Please provide the unit price per the unit of issue shown and extend the sum as described on the Schedule of Items, which may also be submitted in Microsoft Excel or like format.

E. The estimated total quantities listed in the Schedule of Items were retrieved from historical data and represent NO GUARANTEE to the volume of purchases to be placed under any resulting Open Market BPA.

F. The Item Purchase Descriptions are listed in Attachment 2, following the SF 1449 Continuation Pages. It is the quoter’s responsibility to provide only items that fully comply with the specifications of the Item Purchase Descriptions (IPDs).

G. Clauses, applicable to any orders issued under this BPA, are shown on pages 12-69.

H. When responding to this RFQ, Contractors must complete and return the entire package. If Contractors “No Quote,” please indicate and return the SF1449 only. Failure to complete the entire package and provide any required supplemental documentation may result in a Contractor’s quotation being considered non-compliant and may receive no further consideration for award.

I. The North American Industry Classification System (NAICS) code for this acquisition is 332510; Small Business Size Standard 750 Employees.

J. When responding to this RFQ, please submit the entire quote by email, to securitycontainers@gsa.gov. The full quote and all supporting documentation must be received by email by the closing date and time (See block 8 of the SF1449).

K. It is preferred that each quote be submitted as an attachment to the RFQ response via email. If a quote is received later than the exact time specified in Block 8 of the SF1449, it will be considered “late” and will not be accepted.

L. This is notice that the Government intends to evaluate quotes, and award will be made on initial quotes and advises Contractors to submit their best terms and prices in their initial quote.

This acquisition will be awarded on a line by line basis. NSN: 5340-01-613-2078 will not exceed $4.75M and NSN: 5340-01-613-2080 will not exceed $250K.

M. The awardees will be required to ship to APO/FPO addresses, and to Naval vessels, when they receive orders that indicate these types of ship-to addresses, unless the shipment weight exceeds 70 pounds. This is a mandatory requirement.

N. Section 889 of the FY19 National Defense Authorization Act (NDAA) is legislation passed to combat national security and intellectual property threats that face the United States. Representation and reporting requirements of Section 889 Parts A and B apply to all contracts in support of the GSA Global Supply program.

O. Special shipment requirements may also include naval ships, which should be considered export shipments for labeling, packaging, and pallet requirements. Navy Supply Systems Command (NAVSUP) shipments will also include a requirement to contact the agency for additional shipping instructions and possible delivery address clarification.

P. For specific transportation and packaging questions, please contact Chris Pollock at christopher.pollock@gsa.gov.

Q. If supplies shipped are not packaged, packed, and marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking/remarking, by contract or otherwise, and charge the Contractor at the following rates:

1. First Hour - $150.00

2. Each Additional Hour: $70.00

A minimum of two (2) hours is required for each incident, making the minimum charge for remarking $220.00.

The Contractor may also be charged for material costs, if incurred. This right is not exclusive and is in addition to other rights or remedies provided for in this contract. The rates above shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Services, or a designee.

Signature Date

R. Shipments to civilian activities: Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

Shipments to military activities: Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

S. Economic Price Adjustments (EPAs) regarding any subsequent BPA, will be a matter for negotiation on a case by case, Contractor by Contractor basis, pursuant to FAR 13.303-6, which allows for modifying existing arrangement. Any negotiated EPA will only apply to that requesting Contractor and will not apply to other contractors. Each contractor must submit their own request for EPA.

T. A Contractor’s past performance will be considered for evaluation. See page 39-41.

U. To obtain specifications:

Commercial Item Descriptions - https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

Qualified Products List - The Qualified Products List is available in the DLA ASSIST database. You have to search individually by the specification number. The ASSIST database can be reached at the following links: ASSIST-QuickSearch Basic Search (https://quicksearch.dla.mil/qsSearch.aspx) & Federal Specifications (https://exwc.navfac.navy.mil/DoD-Lock-Program/Documents/Federal-Specifications/)

FED Specs – Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

MIL Specs - Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil/qsSearch.aspx. Type the document name in the "Document ID" field or document number in “Document Number” field and hit Search.

ANSI Standards - Application for copies of ANSI standards should be addressed to American National Standards Institute, 25 West 43rd Street, 4th floor, New York, NY 10036. Telephone: 212-642-4900, Fax: 212-398-0023. www.ansi.org. (ANSI does charge for their services.)

ASTM Standards- Application for copies of ASTM standards should be addressed to ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Telephone: 610-832-9585, FAX: 610-832-9555. www.astm.org. (ASTM does charge for their services.)

NSF Standards - Application for copies of NSF/ANSI standards should be addressed to NSF International, PO Box 130140, 789 N. Dixboro Road, Ann Arbor, MI 48113-0140. www.nsf.org. (NSF does charge for their services.)

UL Standards - Application for copies of UL standards should be addressed to UL Headquarters, 333 Pfingsten Road, Northbrook, IL 60062. www.ul.com. (UL does charge for their services.)

SAE Standards - Application for copies of SAE standards should be addressed to 400 Commonwealth Drive, Warrendale, PA 15096. www.sae.org. (SAE does charge for their services.)f

Recycled Material - Information related to the EPA’s Comprehensive Procurement Guidelines (CPG) for recovered materials can be found at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

V. There will be no minimum order amount under the BPA(s).

W. The BPA(s) can be canceled by either party with a 30-day written notice.

X. FAR 52.204-21 is incorporated into this Solicitation.

Y. GSA’s Order Management Services (OMS) will process orders utilizing only Electronic Data Interchange (EDI) or Vendor Portal (VP).

· EDI provides for fully electronic processing of all ordering transactions.

· VP provides an internet portal for vendors to retrieve orders and manually input transactional data.

EDI is the preferred business transaction processing method, but vendors with low order volumes and less technical proficiency may use VP for reasons of lower overall costs and/or higher implementation costs for EDI.

All new awardees are required to select either EDI or VP to interface with GSA Global Supply on receiving orders resulting from their award. EDI is the preferred method of order transmission to our vendors, but VP is an acceptable means of transmission.

Vendors are required to review the instructions regarding enrollment in either one of these systems and processes contained in Attachment 1 of this RFQ.

Enrollment in either program is required upon award and must be requested no later than 5 days after receipt of award. Failure to enroll may cause your award to be canceled or terminated.

For further instructions on how to enroll in either program, please contact the following:

EDI: GSAEDI@gsa.gov or EDI Help Desk at 703-605-9444 Vendor Portal: Donna.Fossmeyer@gsa.gov or NCSC at 800-488-3111

Z. Please present any questions regarding this solicitation to Cassandra L. Reed at securitycontainers@gsa.gov, no later than 3:00 PM CST on 12/20/2024. Responses to Vendor questions will be issued no later than 3:00 PM CST on 12/23/2024.

All continuation pages (1-69) must be returned with your quote. Failure to provide the required information may result in your quote no longer being evaluated or considered for award.

Request for Quotation: 47QSSC-25-Q-2701 Dated: December 16, 2024

A. Taxpayer Identification Number: __________________________

B. Unique Entity Identifier (UEI): __________________________

C. Contractor Point of Contact: ______________________________ Phone Number: _______________________________ Email Address: _______________________________ Are you a large or small business? _______________________________ Are you a manufacturer or dealer? _______________________________

D. Supplier Name*_______________________________ Point of Contact*______________________________ Supplier UEI*: _______________________________ Supplier TIN*_______________________________ Is your supplier a large or small business? _______________________________

*Please complete the Supplier’s name, TIN, and UEI number for each NSN if different.

Note: “Supplier” refers to the company providing the product if you are not the manufacturer.

SCHEDULE OF SUPPLIES AND QUOTED PRICES

(CONTINUATION of SF 1449 18, Blocks 19–24)

SCHEDULE OF ITEMS

(Locks, Combination) Combination Locks in accordance with FF-L-2740B and QPL-FF-L-2740-10 Unit of Issue for all NSNs is Each (EA)

Item No.

Manufacturer’s Name, and Part Number Est’d Orders (12-Months) Unit Price

(1 EA)

Total FOB Origin Price (Est’d Qty x Unit Price)

Five-Year Total =

Must enter weight and cube for each item

ITEM PURCHASE DESCRIPTIONS (IPDs) / SPECIFICATIONS

NSN: 5340-01-613-2078

COMBINATION LOCK: Shall be Kaba-Mas part number X-10 and be in accordance with Federal Specification FF-L-2740B dated June 15, 2011, and Amendment 2 dated August 21, 2018, and be on QPL-FF-L-2740-10 dated November 25, 2013.

STYLE 1 - Basic self-contained Designed Use - Used on security cabinets UNIT OF ISSUE - EA (each)

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this description, conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING: Marking shall comply with GSAM 552.211.73. Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123. Marking of supplies for deliveries to military activities domestic and export locations, including forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military Standard 129. The Military Shipping Label (MSL) must show the “Ship To” address as well as the ultimate consignee (Mark for DoDAAC and address) and the Transportation Control Number (TCN).

PREPARATION FOR DELIVERY: Item(s) packaged and packed for domestic and export shipments to civilian and military activities shall comply with the GSAM provision/Clause 552.211-75 and/or with the latest requirements of ASTM D-3951 Standard Practice for Commercial Packaging; however, compliance to the latest edition of ASTM standard D-3951 is mandatory for General Supplies and Services (GSS) contracts. In the event a pallet or skid is used for shipping, the following notice shall apply:

Wood Packing Material:

Packaging and packing of supplies usingWood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third-party logistics providers) shall comply with the requirements in provision/Clause GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export, or the applicable requirements in ASTM D-3951 relative to the WPM. All wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

Storage of FF-L-2740B Combination locks:

All GSA “limited use” electronic security equipment (FF-L-2740Bcombination locks) must be protected against tampering while being warehoused or shipped to the end user. All manufacturing,distribution, storage and locksmith facilities shall store FF-L-2740B locks in facilities that have security-in-depth (as defined in 32 CFR 2001.92 (a)) or in a padlocked 16-gauge steel cabinet. The GSA must be contacted immediately if a burglary or intrusion into the facility has been discovered or any other incident resulting in the loss of control over the security equipment. All GSA limited use security equipment in stock at the time must be considered compromised and returned to GSA.

Shipping of FF-L-2740B Combination locks:

Any shipping companies used to transport the GSA limited use security equipment must have a tracking capability (for example: Fed Ex,UPS & USPS) and require a signature upon receipt. The serial numbers from each of the GSA limited use security equipment must be sent under separate cover for verification upon receipt by the end user.

NSN: 5340-01-613-2080

COMBINATION LOCK: Shall be Stanley Security Solutions lock P/N 2740B and be in accordance with Federal Specification FF-L-2740B dated June 15, 2011 and Amendment 2 dated August 21, 2018 and be on QPL-FF-L-2740-10 dated November 25, 2013.

STYLE 2- Interoperable/Networked DESIGNED USE - Used on security cabinets UNIT OF ISSUE - EA (each)

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this description, conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING: Marking shall comply with GSAM 552.211.73. Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123. Marking of supplies for deliveries to military activities domestic and export locations, including forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military Standard 129. The Military Shipping Label (MSL) must show the “Ship To” address as well as the ultimate consignee (Mark for DoDAAC and address) and theTransportation Control Number (TCN).

Storage of FF-L-2740B Combination locks:

All GSA “limited use” electronic security equipment (FF-L-2740B combination locks) must be protected against tampering while being warehoused or shipped to the end user. All manufacturing, distribution, storage and locksmith facilities shall store FF-L-2740B locks in facilities that have security-in-depth (as defined in 32 CFR 2001.92 (a)) or in a padlocked 16 gauge steel cabinet. The GSA must be contacted immediately if a burglary or intrusion into the facility has been discovered or any other incident resulting in the loss of control over the security equipment. All GSA limited use security equipment in stock at the time must be considered compromised and returned to GSA.

Shipping of FF-L-2740B Combination locks:

Any shipping companies used to transport the GSA limited use security equipment must have a tracking capability (for example: Fed Ex, UPS & USPS) and require a signature upon receipt. The serial numbers from each of the GSA limited use security equipment must be sent under separate cover for verification upon receipt by the end user.

PREPARATION FOR DELIVERY: Item(s) packaged and packed for domestic and export shipments to civilian and military activities shall comply with the GSAM provision/Clause 552.211-75 and/or with the latest requirements of ASTM D-3951 Standard Practice for Commercial Packaging; however compliance to the latest edition of ASTM standard D-3951 is mandatory for General Supplies and Services (GSS) contracts. In the event a pallet or skid is used for shipping, the following notice shall apply:

Wood Packing Material:

Packaging and packing of supplies using Wood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third party logistics providers) shall comply with the requirements in provision/Clause GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export or the applicable requirements in ASTM D-3951 relative to the WPM. All wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

PART II - CONTRACT CLAUSES

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Sept 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold.

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation numbers.

(2) The time specified in the solicitation for receipt of offers.

(3) The name, address, and telephone number of the offeror.

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7) "Remit to" address, if different than mailing address.

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 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 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of clause)

TIME OF DELIVERY

(a) The Government requires delivery to be made according to the following schedule:

Shipment is required within 45 calendar days after receipt of order. Each delivery order will specify that shipment is required no later than the number of days shown above. If such order also states that “Early Shipment is Precluded,” the Contractor agrees to make shipment no sooner than the calendar days after receipt of order specified on the order. Earlier shipments may result in nonacceptance of the supplies at the delivery point at the time of arrival.

(b) Attention is directed to the BPA Award provision of the solicitation that provides that a written award or acceptance of an offer email, or otherwise furnished to the successful offeror, results in a binding agreement. The Government will email or otherwise furnish to the offeror an award or notice of award not later than the day award is dated.