47QSSC-26-Q-0017_RFQ.pdf

A. This Request for Quote (RFQ) is for an Open Market One Time procurement for two (2) Valve

Maintenance Skids. See Schedule of Items for quantity and delivery locations.

B. See page 20 for evaluation factors for award.

C. Delivery terms for any orders issued will be FOB DESTINATION, direct delivery orders to any CONUS location within 45 business days after receipt of order

D. The Schedule of Items and Product Descriptions are shown on pages 5-6.

E. Clauses and provisions, applicable to any award issued under this RFQ, are shown on pages 7-

19.

F. This is ONLY a Request for Quotes (RFQ).

G. When responding to this RFQ, the entire, completed document is required. Vendors are responsible for submitting completed quotes, so as to reach the Government office designated in the RFQ by the time specified (See Block 8). It is preferred that each quote be submitted as an attachment and emailed to jim.dear@gsa.gov. If a quote is received later than the exact time specified in block 8 of the RFQ, it will be considered "late" and will not be considered for award

H. The Government intends to evaluate quotes and an award will be made on initial quotes. The

Government advises vendors to submit their best terms and prices in their initial quote. Subsequent quotes will not be accepted after the closing date of this Solicitation.

I. The Government will proceed with issuing an RFQ on www.SAM.gov to fulfill requirements for

GSA’s customers.

J. A foreign corporation that is selected for the award must have an agent who resides in the United

States and a physical address (not a P.O. Box) in the United States prior to award of this one time buy. A foreign corporation holding this award must continually maintain a physical address and an agent in the United States so that the government can communicate effectively with the foreign corporation. If you are a foreign corporation, please indicate that you understand this requirement and that you have an agent and a physical address (not a P.O. Box) in the United

States. Not providing this assurance in your quote or not having these resources located in the

United States will lead to finding your quote noncompliant and it will no longer be considered for award.

Signature Date

K. When responding to this RFQ (RFQ 47QSSC-26-Q-0017), the entire, completed document is required. Vendors are responsible for submitting completed quotes, so as to reach the

Government office designated in the RFQ by the date specified on the SF1449. If a quote is received later than the exact date specified in block 8 of the SF1449, it will be considered “late” and will not be considered for award.

mailto:jim.dear@gsa.gov

L. Group will be awarded with Free on Board (FOB) Destination pricing to all CONUS/OCONUS locations.

M. SUPPLEMENTAL DOCUMENTATION REQUIRED:

a. DESCRIPTIVE LITERATURE/DRAWINGS. Clear identification is the sole responsibility of the quoter and descriptive literature for ALL products being offered is required at the time of quote. The Government will use this descriptive literature as a means of verifying product compliance with the Item Purchase Descriptions (IPDs). Pursuant to FAR 52.211-6 Brand Name or Equal, if you are quoting an "equal" item, your quote must provide sufficient literature identifying the page and paragraph where the information can be found to show compliance with each salient feature. The Government reserves the right to seek additional information/clarification about the descriptive literature being provided.

**FAILURE TO PROVIDE THE INFORMATION ABOVE, FOR ANY ITEM, MAY

CAUSE YOUR QUOTE NOT TO BE CONSIDERED FOR AWARD**

N. Following is how to obtain specifications:

Commercial Item Descriptions - https://quicksearch.dla.mil Type the document name in the

"Document ID" field or document number in "Document Number" field and hit Search.

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. 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/. 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 Institue,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.)

AWWA Standards - Application for copies of AWWA standards should be addressed to

American Water Works Association 6666 W. Quincy Ave., Denver, CO

80235.www.AWWA.org. (AWWA does charge for their services.)

http://www.ansi.org/ http://www.astm.org/ http://www.awwa.org/

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.

Recycled Material - Information related to the EPA's Comprehensive Procurement Guidelines

(CPG) for recovered materials can be found at https://www.epa.gov.

Biobased/Bio-Preferred Products - Information related to the USDA's Bio-Based and Bio

Preferred program can be found at can be found at https://www.biopreferred.gov/

VOC Products - Information related to the California Air Resources Board Volatile Organic

Compounds regulations can be found at https://www.arb.ca.gov/consprod/regs/regs.htm.

DOE Energy Star Products - Information related to the DOE Energy Star products can be found at https://www.energystar.gov/.

Energy-Efficient Products - Information related to Federal Energy Management Program

(FEMP)

Energy-Efficient products can be found at https://www4.eere.energy.gov/femp/requirements/laws and requirements/energy star and fem desi gnated products procurement requirements.

Water-Efficient Products - Information related to the Water-Efficient Products can be found at https://www4.eere.energy.gov/femp/requirements/laws and requirements/energy_star and fem desi gnated products procurement requirements.

P. Deliveries to civilian activities: Supplies shall be marked in accordance with Federal Standard

123, edition in effect on the date of issuance of the solicitation.

Deliveries to military activities: Supplies shall be marked in accordance with Military Standard

129, edition in effect on the date of issuance of the solicitation.

Q. The awardee will be required to ship direct to Army Post Office (APO) / Fleet Post Office (FPO) addresses and naval vessels when they receive orders that indicate this type of ship to addresses.

This is a mandatory requirement.

R. If supplies shipped are not packaged, packed, and marked in accordance with contract http://www.nsf.org/ http://www.epa.gov/ http://www.biopreferred.gov/ http://www.arb.ca.gov/consprod/regs/regs.htm http://www.energystar.govti/ http://www.energystar.govti/ 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 therefore at the following rates:

First Hour - $150.00

Each Additional Hour - $70.00

A minimum of two 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 Service, or a designee.

Signature Date

S. Provisions, Clauses, and Fill-ins located on pages 7-19 require completion by the quoter. Any quote received that is not fully completed or lacks pages may be subject to a determination of non-compliance and may no longer be considered for award.

T. GSA's Order Management Service (OMS) will process orders utilizing Electronic Data

Interchange (EDI) or Vendor Portal (VP).

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

b. 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 small order volumes and less technical proficiency may use VP for reasons of lower overall costs and/or higher implementation costs for EDI.

Vendors are hereby notified that all new awardees are required to select either EDI or OMS

Vendor Portal 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 OMS Vendor

Portal is an acceptable means of transmission. Utilization of these resources also requires the vendor to update the various stages of purchase order processing status in OMS. This is a mandatory requirement. Failure to do so may result in termination of the Purchase Order.

The Vendor is required to review the instructions regarding enrollment in either one of these systems and processes contained in Attachment 1 of this solicitation/RFQ.

Enrollment in either program is required upon award and must be requested no later than 5 days after notification of award. Failure to enroll may cause your award to be cancelled 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:

etoolshelpdesk@gsa.gov or the e-Tools Help Desk at 866-472-9114

U. Quotes shall be submitted via email to jim.dear@gsa.gov.

SCHEDULE OF ITEMS

Use the Schedule of Items below to submit your quoted prices. The Total Destination Price will be considered for award.

TABLE 1: For Open Market One Time Buy Awarded with FOB Destination Terms

Note: Award will be made as Group. To be considered for award, pricing must be submitted for all items contained in the Group.

NAICS: 333517

Size Standard: 500 employees

ATTENTION: NO VENDOR MAY SUBMIT MORE THAN ONE OFFER IN RESPONSE

TO THIS SOLICITATION. MULTIPLE OFFERS FROM THE SAME VENDOR WILL

NOT BE ACCEPTED.

NSN/Description Manufacturer

Name, Part No., & Country of Origin

Qty

Unit of

Issue

FOB Destination Unit

Price (Including

Freight)

Total Price

(Qty x Unit Price)

Item 1. Wachs Standard LX Valve

Maintenance Skid, VMS, GAS or equal.

N6247A5226009M

Naval Base San Diego

San Diego, CA 92136

1 EA

Item 2. Wachs Standard LX Valve

Maintenance Skid, VMS, GAS or equal.

N6247A5226009N

Naval Air Station North Island

San Diego, CA 92135

1 EA

* Total unit price for award determination is unit origin price plus the unit transportation costs. Unit transportation costs must be included in the total destination unit price.

mailto:GSAEDI@gsa.gov mailto:etoolshelpdesk@gsa.gov

Product Salient Characteristics

Product required will be Wachs Utility Products Standard LX Valve Maintenance Skid

VMS, Gas or equal, with the following salient characteristics:

Standard LX (Gas) - VMS Valve Maintenance Skid with a single valve turner includes:

• Rehlko (formerly Kohler) 27 HP (20.1 KW) overhead cam, air cooled gasoline four stroke engine

• Wachs 750 ft/lb Extended Reach Valve ERV-750 operator

• Ruggedized handheld GPS controller/datalogger

• Auxiliary HTMA Class II circuit (10 gallon reservoir, fan cooled heat exchanger, continuous duty rated for 8 GPM @ 1,800 PSI)

• Positive displacement blower provides 500 CFM-11in Hg vacuum

• 250 gal spoils tank utilizing exclusive hydraulic slide, tilt & powered dump system & latching door

• 2.5 GPM@3000 PSI pressure washer with 80 gal fresh water tank

• 2-1/2in, 1-1/4in & 7/8” suction wands and one each short and long wash-down guns

• Telescoping valve key

• Bluetooth Tether Controller for valve exerciser

• Programmable arrow board and work lights

• Hydraulic hose reel

• TM-7 HD Plus valve exerciser for emergency shutdowns and exercising large, stubborn, or stuck valves using Intelligent Automation. Develops 2,500 ft/lbs of torque, mounts on drivers (street) side for line of sight.

END OF PRODUCT DESCRIPTION

Item 1.

Wachs Standard LX Valve

Maintenance Skid, VMS, GAS or equal.

Each Weight______

Each Cube______

Item 2.

Wachs Standard LX Valve

Maintenance Skid, VMS, GAS or equal.

Each Weight______

Each Cube______

DESCRIPTION / SPECIFICATIONS

Contact for Order Administration:

Quoters are required to designate a person to be contacted for prompt contract administration.

NAME: _____________________________________________________________

TITLE: ____________________________________________________________________

TELEPHONE NO. (____)________________________________________________

EMAIL: ______________________________________________________________

COMPANY UNIQUE ENTITY IDENTIFIER (UEI) ___________________________

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this address: The address for the FAR and GSAM is https://www.acquisition.gov

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2025)

52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

PROVISIONS INCORPORATED BY FULL TEXT:

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (NOV 2025).

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the

Government; or

Order Administration Data

Provisions http://www.acquisition.gov/

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV

2025)

(a) 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. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds

Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award

Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisionsincluded in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(1) Offerors are responsible for submitting offers and any modifications or revisions to the

Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. 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) 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.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) 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. However, the Government reserves the right to conduct discussions, if 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.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will 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 Offeror 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 the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

The Government will award to the responsible quoter whose quote, conforming to the solicitation, is the lowest price technically acceptable. To be technically acceptable, the item must meet or exceed the Item Purchase Description and meet the required delivery schedule.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The IBR clauses (clauses incorporated by reference) are now accessible online. The address for the FAR and GSAM is https://www.acquisition.gov

(End of clause)

THE FOLLOWING FAR CLAUSES ARE INCORPORATED BY REFERENCE:

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (NOV 2025)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.247-34 FOB DESTINATION (JAN 1991)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.253-1 COMPUTER GENERATED FORMS (NOV 2025)

CLAUSES INCORPORATED BY FULL TEXT:

52.222-19 Child Labor-Cooperation with Authorities and Remedies (NOV 2025)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in-

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $102,280 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North

Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor

Clauses http://www.acquisition.gov/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_18 for Listed End Products, the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an

Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph

(d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending and debarring official may suspend the Contractor in accordance with procedures in RFO-2025 FAR 9.406-1.

(3) The suspending and debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in RFO-2025 FAR 9.406-4

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(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 FAR part

33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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.

TIME OF DELIVERY

Delivery is recommended to be made at destination within * 45 * calendar days after receipt of order.

552.211-89 NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT

(JUL 2016)

(a) Definitions:

IPPC Country: Countries of the European Union (EU) or any other country endorsing the

International Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging

Material in International Trade,” approved March 15, 2002. A listing of countries participating in the IPPC is found at https://www.aphis.usda.gov/aphis/home/

Non-manufactured wood is also called solid wood and defined as wood packing other than that http://www.aphis.usda.gov/aphis/home/ comprised wholly of wood-based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof.

Packaged material, and solid wood packing material (SWPM), for purposes of this clause, is defined as each separate and distinct material that by itself or in combination with other materials forms the container providing a means of protecting and handling a product. This includes, but is not limited to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids.

(b) Non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries must be marked and properly treated in accordance with IPPC guidelines.

(c) This requirement applies whether the shipment is direct to the end user or through a government designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused entry, destroyed or treated prior to entry.

(d) For Department of Defense distribution facilities or freight consolidation points, all non manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLAD 47.305-1 , and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).

(e) Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD

47.305-1, and MIL-STD-2073-1.

(f) Delays in delivery caused by non-complying pallets or wood package material will not be considered as beyond the control of the Contractor. Any applicable Government expense incurred as a result of the Contractor’s failure to provide appropriate pallets or package material shall be reimbursed by the Contractor. Expenses may include the applicable cost for repackaging, handling and return shipping, or the destruction of solid wood packaging material.

A single award will be made as a Group. In order to qualify for an award, prices must be submitted on all items contained in the Group.

Method of Award

EVALUATION FACTORS:

The Government will award to the responsible quoter whose quote, conforming to the solicitation, is the lowest price technically acceptable. To be technically acceptable, the item must meet or exceed the Item Purchase Description and meet the required delivery schedule.

1. TECHNICAL ACCEPTABILITY. Technical acceptability is based on meeting or exceeding the Product Description for the items quoted in response to this RFQ and compliance with the required delivery schedule.

2. LOWEST EVALUATED PRICE. The lowest price "Per Unit" multiplied by

"QTY" will be considered for award.

PAGES 1-44 AND THE SF1449 MUST BE RETURNED TO CONSTITUTE AN OFFER

Evaluation Factors for Award

Attachment I

(Revised July 2021)

C.I Vendor Portal (VP) and Electronic Data Interchange (EDI) Requirements

The government will allow contractors 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 contractors.

GSA prefers EDI and suggests contractors expecting to receive greater than 50 orders per month to choose EDI. Additional information and points of contact for business transaction processing requirements can be found at www.gsa.gov.

C.1.1 Transactional Business Requirements

Regardless of whether orders are received via VP or EDI, the contractor is required to work with

GSA to understand and adhere to GSA business rules and requirements.

All transactions will be submitted to and received by the "prime" contractor ONLY. Any additional electronic transaction communication that is required to fulfill Customer Order(s) between the contractors and its suppliers shall be the responsibility of the "prime" contractor

ONLY. No subcontractor submissions accepted, and contractor teaming arrangements must designate a lead contractor.

Each contract may contain specific information regarding information below. The contractor is required to work with their GSA Contracting Officer to understand and adhere to 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.

C.1.1.1 Universal requirements required of all contractors supporting GSA Global Supply orders.

• Acknowledge receipt of a purchase order within one business day

• Acknowledge receipt of a purchase order change within one business day

• Process purchase order cancellation requests within one business day

• Provide Requests for*: Backorders

• Back Orders MUST have an Estimated Delivery Date included.

o Changes in delivery dates o Substitutions http://www.gsa.gov/

*Requests should be communicated to your GSA Contracting Officer prior to execution via the system.

• Provide shipment information.

Shipment Status within one business day following shipment.

• Valid carrier tracking numbers

• Provide delivery confirmation information including, but not limited to, date of delivery (when requested for specific shipments)

• Invoice for orders only after you have provided shipment information.

Correct erroneous information provided to GSA on the disposition of a purchase order.

• Full line accountability is required.

C.I.2 Vendor Portal (VP) Transactional Data Requirements

Contractors choosing VP shall be provided with an internet portal address and logon to perform commodity transaction processing with GSA. The contractor is required to retrieve orders and provide the information outlined from C. 1.1.1 via VP.

VP training guides are available at https://www.gsa.gov/node/84943?gsaredirect=.

Invoicing cannot be done through the Vendor Portal. All contractors can submit invoices via EDI

810 (even if not receiving POs via EDI) or may utilize the Fed-Pay portal at fedpay.gsa.gov.

Note: Fed-Pay portal cannot be used for invoicing if your contract allows for charging convenience

C.I.3 EDI Transactional Data Requirements

Contractors shall be able to reliably perform commodity transaction processing with GSA by utilizing a standardized electronic method of communication, compatible with GSA transactional systems.

GSA utilizes the American National Standards Institute (ANSI) X-12 family of transaction sets to electronically communicate both "Inbound" and "Outbound" transaction sets.

The contractor is required to retrieve orders and provide the information outlined from C.1.1.1 via EDI. Additionally, EDI contractors are required to work with GSA to understand and adhere to GSA business rules and requirements as they relate to section C.1.3.2.

All electronic communications between GSA and its contractors shall be transmitted through the designated GSA EDI gateway.

C.1.3.1 Initiating EDI Communications with GSA

GSA reserves the right to test and validate the contractor's EDI capabilities for all required transaction sets before on-boarding is authorized.

GSA will coordinate the process to on-board awarded contractors to the designated GSA EDI gateway using the ANSI X-12 EDI standards detailed in the sections below and identified in

Table I of this document. To initiate the onboard process, GSA will provide contractors with a list of EDI questions which are used to determine specific contractor EDI capabilities. The http://www.gsa.gov/node/84943?gsaredirect questions shall be completed by the contractor and returned to GSA within five (5) business days.

Upon completing the EDI-Survey, GSA will coordinate end-to-end process testing with the contractor 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.

C.I.3.2 EDI Transaction Implementation Conventions

The table below, shows the EDI Implementation Specification for a given transaction set. The most current transaction sets used to support GSA Global Supply orders can be obtained by emailing gsaedi@gsa.gov of the most recent specifications and versions can also be found on www.gsa.gov.

TABLE 1: EDI TRANSACTION IMPLEMENTATION CONVENTIONS as of 3/30/2021

EDI Transaction Name Transaction Xl2 Version ISA Version GS Version Notes

Purchase Order

850 4010 00401 004010 Preferred

850 5010 00501 005010

Purchase Order

Acknowledgement

00401

004010

Preferred

Purchase Order Change

Advance Ship Notice (ASN)

Manifest

Invoice

Functional

Acknowledgement

Based on interchange version

Based on interchange version

Note:

GSA reserves the right to implement additional ANSI X-12 transaction sets and/or update transaction versions as its business operations deem appropriate.