02 - Solicitation

Solicitation Document Title : Hardware Superstore

Solicitation Number : 6FEC-E6-060173-B

Refresh Number : 30

Created on May 3, 2019

COVER PAGE

Begin Regulation

CP-FSS-1-C (MAY 2000)

Solicitation No. 6FEC-E6-060173-B Refresh 30

WORLDWIDE FEDERAL SUPPLY SCHEDULE CONTRACT FOR

(a) FSC GROUP 51 PART V SECTION N/A

COMMODITY: HARDWARE SUPERSTORE

FSC CLASS(ES)/PRODUCT CODE(S): 32, 34, 35, 37, 41, 51, 52, 68, 73, 80, 87, 91

(b) STANDARD INDUSTRY GROUP: A complete listing of NAICS codes is located in the Basic Solicitation, Part I, Goods and Services.

SERVICE: N/A

SERVICE CODE(S): N/A

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION

CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

Note: Regulation CP-FSS-1-C

This includes Household and Office Appliances; Commercial Coatings, Adhesives, Sealants and Lubricants; Hardware Store, Home Improvement Center, or MRO - Store Front and

Catalog; Lawn and Garden Equipment, Machinery, Implements, and Products; Rental and

Leasing (as pertains to products offered under this Schedule); Tools, Tool Kits, Tool Boxes;

Woodworking, Metalworking and Other Industrial Machinery; All Parts and Accessories related to Products offered under this Schedule; Services under the Service Contract Act and Davis Bacon Act (as pertains to products offered under this Schedule) and applicable

ONLY to specific SINs.

Begin Regulation

CP-FSS-19 PRICING (DEC 1998)

Offerors are advised that separate pricing may be submitted for different countries if separate pricing is consistent with the offeror’s commercial sales practice.

Begin Regulation

CP-FSS-2 SIGNIFICANT CHANGES (OCT 1988)

The attention of offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein:

The deleted regulations(s) from previous refresh are listed below

6FEC-E6-060173-B Refresh: 30 Cover Page i

Number Title Clause/Provision

52.222-50 COMBATING TRAFFICKING IN

PERSONS (MAR 2015)

Clause

SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO

NEW OFFERORS (OCT 2015)

(ALTERNATE IV - JUL 2016)

Provision

SCP-FSS-001-S INSTRUCTIONS APPLICABLE TO

SUCCESSFUL FSS PROGRAM

CONTRACTORS (APR 2018)

Provision

The added regulation(s) in new refresh are listed below Number Title Clause/Provision

The updated regulation(s) in new refresh are listed below Number Title Clause/Provision

SCP-FSS-001 INSTRUCTIONS APPLICABLE TO

NEW OFFERORS (APR 2019)

Provision

52.212-5 CONTRACT TERMS AND

CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL

ITEMS (JAN 2019) (ALTERNATE II -

JAN 2019)

Clause

The added SINS in new refresh are listed below SIN # SIN Title Total Sales in $

The deleted SINS in new refresh are listed below SIN # SIN Title Total Sales in $

Note: Regulation CP-FSS-2

DISCLAIMER: GSA FAS is posting this notification of a planned solicitation refresh or mass modification as a courtesy to industry. All comments on the attached DRAFT document must be submitted in the Comments section below within ten (10) business days of this posting. Comments provided elsewhere or after 10 business days will not be considered. GSA FAS will consider all relevant comments and make changes to the

DRAFT as appropriate, but will not issue a formal response to industry comments or related inquiries. Interested parties should thoroughly review the final version of the solicitation refresh or mass modification for changes made to this DRAFT.

Purpose of Planned Action

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh all GSA Multiple Award Schedule (MAS) solicitations to add and update clauses and provisions related to implementation of GSAR Case 2016-G506 (OLM Technical

Amendment) and FAR Case 2018-010 Use of Products and Services of Kaspersky Lab.

Individual Schedules may update additional clauses/provisions to make clarifications, ii administrative corrections, and other required changes. GSA anticipates that the refresh will occur in November 2018.

Summary of Planned Changes

Below is a high-level description of significant changes to be included in the upcoming

MAS refresh and mass modification. A complete listing of all new or updated clauses and provisions not currently available in the FAR, GSAM, or existing Schedule solicitations is provided at the end of this document. Be sure to review the final solicitation refresh and mass modification for full details.

GSAR Case 2016-G506 (OLM Technical Amendment)

On August 16, 2018, GSA issued a technical amendment to the General Services

Administration Acquisition Regulation (GSAR) clarifying the text regarding the application of the 33.33% limitation for order-level materials (OLMs). Specifically, the technical amendment revises the language in clause 552.238-82 to clarify that for a Federal Supply

Schedule (FSS) Blanket Purchase Agreement (BPA), the 33.33% limitation applies to the cumulative value of OLMs across all BPA orders. There are no significant content changes resulting from this technical amendment.

As a result, all GSA Schedule solicitations will be updated as follows: The following will be ADDED/UPDATED:

552.238-82 Special Ordering Procedures for the Acquisition of Order-Level Materials

(JAN 2018)

SCP-FSS-007 Special Proposal Instructions for Order-Level Materials Special Item

Number (NOV 2018) (full text provided at the end of this document)

Description for Order-Level Materials SIN (full text provided at end of this document)

NOTE: The Order-Level Materials SIN description is included ONLY in OLM-authorized

Schedule solicitations. Only contractors awarded the Order-Level Materials SIN can offer

OLMs.

A listing of these Schedules is maintained at https://www.gsa.gov/olm.

FAR Case 2018-010 Use of Products and Services of Kaspersky Lab

On July 16, 2018, DoD, GSA and NASA issued an interim rule amending the Federal

Acquisition Regulation (FAR) to implement section 1634 of the National Defense

Authorization Act for Fiscal Year 2018. The interim rule adds FAR subpart 4.20 and a corresponding new contract clause at 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab or Other Covered Entities. The clause prohibits contractors from providing any hardware, software, or services developed or provided by Kaspersky Lab (i.e., covered articles) or its related entities (i.e., covered entities), or using any covered articles in the development of data or deliverables first produced in the performance of the contract after

October 1, 2018.

The clause also requires contractors to report any covered articles discovered during contract performance; this requirement flows down to subcontractors. The purpose of the prohibition is to mitigate the risk that the Russian government could threaten U.S. national iii security by capitalizing on access provided by Kaspersky products to compromise federal information and information systems.

As a result, all GSA Schedule solicitations will be updated as follows: The following clause will be ADDED:

52.204-23 Prohibition on Contracting for Hardware, Software, and Service

Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) The following clauses will be UPDATED:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -

Commercial Items (Nov 2017) (Alternate II - Nov 2017)

Full Text of New/Updated Clauses and Provisions

SCP-FSS-007 SPECIAL PROPOSAL INSTRUCTIONS FOR ORDER-LEVEL

MATERIALS SPECIAL ITEM NUMBER (NOV 2018)

(a) This Schedule is authorized to allow for order-level materials (OLMs) in accordance with GSAR 538.7201. A listing of all OLM-authorized Schedules is available at www.gsa.gov/olm.

(b) Clauses 552.212-4 Contract Terms and Conditions - Alternate I and 552.238-82 Special

Ordering Procedures for the Acquisition of Order-Level Materials provide additional information on inclusion of OLMs in task and delivery orders placed against a Federal

Supply Schedule (FSS) contract or FSS blanket purchase agreement (BPA).

(c) OLMs are only authorized for inclusion at the order level under a Time-and-Materials

(T&M) or Labor-Hour (LH) Contract Line Item Number (CLIN) and are subject to a Not

To Exceed (NTE) ceiling price.

(d) Offerors proposing the Order-Level Materials Special Item Number (SIN) are not required to propose items or pricing at the contract level, since by definition OLMs are unknown at the time of FSS contract award. The ordering activity contracting officer is responsible for defining OLMs and determining proposed OLM pricing fair and reasonable for a particular order.

(e) OLMs are purchased under the authority of the FSS Program and are not open market items.

(f) Items awarded under ancillary supplies/services and other direct cost (ODC) SINs are not OLMs. These SINs are reserved for items that can be defined and priced up-front at the

FSS contract level.

(g) The Order-Level Materials SIN cannot be the only SIN awarded on a contract. The

Order-Level Materials SIN is only authorized for use in direct support of another awarded

SIN.

(h) The Order-Level Materials SIN is exempt from CSP-1 Commercial Sales Practices disclosure requirements.

iv

(i) The Order-Level Materials SIN is exempt from the following clauses:

552.216-70 Economic Price Adjustment - FSS Multiple Award Schedule Contracts

I-FSS-969 Economic Price Adjustment - FSS Multiple Award Schedule

552.238-71 Submission and Distribution of Authorized FSS Schedule Pricelists

552.238-75 Price Reductions

(j) Terms and conditions that otherwise apply to the FSS contract also apply to the

Order-Level Materials SIN. Examples include but are not limited to::

Trade Agreements Act (TAA)

Sales reporting and Industrial Funding Fee (IFF) remittance

Environmental Attributes clauses

AbilityOne Program Essentially the Same (ETS) compliance

(k) Prices for items provided under the Order-Level Materials SIN must be inclusive of the

IFF. The value of order-level materials in a task or delivery order, or the cumulative value of order-level materials in orders against an FSS BPA awarded under an FSS contract, shall not exceed 33.33%.

(l) There are no administrative, technical, or price proposal requirements for the

Order-Level Materials

SIN (i.e., Section I - Administrative/Contract Data, Section II - Technical Proposal, and

Section III - Price Proposal). The Order-Level Materials SIN will be awarded when proposed by an offeror, provided that (1) the Schedule is authorized for inclusion of OLMs, and (2) the Order-Level Materials SIN will not be the only awarded SIN under the contract.

NOTE: The Order-Level Materials SIN description is included ONLY in OLM-authorized

Schedule solicitations. Only contractors awarded the Order-Level Materials SIN can offer

OLMs.

Updated Order-Level Materials SIN Description

Order-Level Materials (OLMs) are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Federal Supply Schedule (FSS) contract or

FSS blanket purchase agreement (BPA). OLMs are not defined, priced, or awarded at the

FSS contract level. They are unknown before a task or delivery order is placed against the

FSS contract or FSS BPA. OLMs are only authorized for inclusion at the order level under a

Time-and-Materials (T&M) or Labor-Hour (LH) Contract Line Item Number (CLIN) and are subject to a Not To Exceed (NTE) ceiling price. OLMs include direct materials, subcontracts for supplies and incidental services for which there is not a labor category specified in the FSS contract, other direct costs (separate from those under ODC SINs), and indirect costs. OLMs are purchased under the authority of the FSS Program and are not open market items.

Items awarded under ancillary supplies/services or other direct cost (ODC) SINs are not

OLMs. These items are defined, priced, and awarded at the FSS contract level, whereas

OLMs are unknown before an order is placed. Ancillary supplies/services and ODC SINs are for use under all order type CLINs (Fixed-Price (FP), T&M, and LH), whereas the

Order-Level Materials SIN is only authorized for use under T&M and LH order CLINs.

v

The Order-Level Materials SIN is only authorized for use in direct support of another awarded SIN. Price analysis for OLMs is not conducted when awarding the FSS contract or

FSS BPA; therefore, GSAR 538.270 and 538.271 do not apply to OLMs. OLMs are defined and priced at the ordering activity level in accordance with GSAR clause 552.238-82

Special Ordering Procedures for the Acquisition of Order-Level Materials. Prices for items provided under the Order-Level Materials SIN must be inclusive of the Industrial Funding

Fee (IFF). The value of OLMs in a task or delivery order, or the cumulative value of OLMs in orders against an FSS BPA awarded under an FSS contract, cannot exceed 33.33%.

Begin Regulation

CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR

INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

GENERAL SERVICES ADMINISTRATION

Address: GENERAL SERVICES ADMINISTRATION

NATIONAL CUSTOMER SERVICE CENTER (NCSC)

2300 Main Street

KANSAS CITY, MO 64108

or

Phone 800.488.3111.

IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO THE

ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED

ELSEWHERE IN THIS SOLICITATION.

Begin Regulation

CP-FSS-6 ELECTRONIC DATA INTERCHANGE (EDI) ORDERING

(JAN 1994)

Offerors are advised that the Federal Supply Service is expanding use of electronic communications to exchange business documents. The Placement of Orders clause contained in this contract provides that orders may be placed using Electronic Data Interchange (EDI) procedures.

Begin Regulation

SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO NEW

OFFERORS (APR 2019)

(a) Read the entire solicitation document prior to preparation of your offer.

(b) Electronic submission of offers via GSA’s eOffer web-based application (http://eOffer.gsa.gov) is mandatory.

(c) Offers must be current, concise, and complete, and demonstrate a thorough understanding of vi solicitation requirements. By submission of an offer, the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer (see “Exceptions to Terms and Conditions” under the Standard Response module).

(d) If the offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales, a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or the expiration date of the previous contract. Any offer submitted prior to the completion of this 12-month period will be rejected.

(e) By submission of an offer, the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting.

(f) In addition to full compliance with the requirements of this provision (SCP-FSS-001-N), the offeror must also comply with the following provisions, as applicable. Failure to comply with an applicable provision will result in rejection of the offer.

Solicitation provisions and their applicability are detailed below:

(1) SCP-FSS-002 Specific Proposal Submission Instructions for Services – Applies to all offers that propose services, with the exception of offers under Schedule 70 and 00CORP.

(2) SCP-FSS-003 Specific Proposal Submission Instructions for Products – Applies to all offers that propose products, with the exception of offers under Schedule 70.

(3) SCP-FSS-004 Specific Proposal Submission Instructions for Schedule 70 – Applies only to offers submitted under Schedule 70 - General Purpose Commercial Information Technology Equipment, Software, and Services.

(4) SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751 – Applies only to offers submitted under Schedule 751 - Leasing of Automobiles and Light Trucks.

(5) SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V – Applies only to offers submitted under Schedule 23V - Automotive Superstore.

(6) SCP-FSS-008 Special Proposal Instructions for Schedule 00CORP – Applies only to offers submitted under Schedule 00CORP – Professional Services Schedule(PSS).

Offerors proposing both products and services must comply with the requirements of SCP-FSS-002 and SCP-FSS-003. Offers submitted under Schedule 70 are required to comply with SCP-FSS-004 only, regardless of whether products and/or services are offered. Offers submitted under Schedule 00CORP are required to comply with SCP-FSS-008 and SCP-FSS-003.

(g) The following documents must be submitted by all offerors and are detailed in paragraph (j). See SCP-FSS-002, 003, 004, 005, 006, and 008, as applicable, for additional documents that are required based on specific product and service offerings.

The following documentation requirements are completed directly through the eOffer application:

(1) Pathway to Success training completion verification,

(2) Active System for Award Management (SAM) registration verification,

(3) Small Business Subcontracting Plan (if applicable),

(4) Commercial Sales Practices (CSP) disclosure.

The offeror must complete and upload the following documents to the eOffer application:

(1) Readiness Assessment for Prospective Offerors,

(2) Financial Statements,

(3) Previous FSS program cancellations and rejections, pending offers for other Schedule contracts, and awarded Schedule contracts,

(4) Agent Authorization Letter (if applicable), vii

(5) Technical Proposal,

(6) Price Proposal Template,

(7) Supporting Pricing Documentation,

(8) Price Narrative,

(9) Commercial Price List or Market Rate Sheet (if applicable).

(h) Withdrawal of Offer: The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer. If an offer is withdrawn, a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer, excluding uploaded documents.

(i) The proposal instructions in SCP-FSS-001-N are common to all solicitations. Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments “Read Me First” and/or “Critical Information” for specific Schedule or SIN requirements.

(j) All offerors must comply with the following:

(1) Section I – Administrative/Contract Data

i. A designated Authorized Negotiator who is also a company officer (i.e., President, CEO, CFO, etc.) must complete (or have completed within one year of the date of offer submission) the Pathway to Success training. This free, web-based self-assessment is available through the Vendor Education Center (VEC), which can be accessed directly at https://gsafas.secure.force.com/MASTrainingHome or through the Vendor Support Center (http://vsc.gsa.gov) by selecting the “Education” tab and then “Pathway to Success.” The training session is less than two hours total and covers the major factors vendors should consider prior to submitting an offer to GSA. eOffer will verify the name of the person that completed the Pathway to Success training and the date of completion.

ii. The offeror must complete and submit the Readiness Assessment for Prospective Offerors. This free, web-based self-assessment is available through the Vendor Education Center (VEC), which can be accessed directly at https://gsafas.secure.force.com/MASTrainingHome or through the Vendor Support Center (http://vsc.gsa.gov) by selecting the “Education” tab and then “Vendor Toolbox (Readiness Assessment).” The Readiness Assessment must be completed by a company officer (i.e., President, CEO, CFO, etc.) and completed/dated within the past one-year period. This tool is designed to assist vendors in determining whether they are ready to pursue a Schedule contract and prepares them to navigate the Schedule proposal process.

iii. The offeror must be registered with the System for Award Management (SAM) at http://www.sam.gov. The information provided must be current, accurate, and complete, and reflect the North American Industrial Classification System (NAICS) code(s) for this solicitation and the SINs proposed. SAM consolidates the information previously contained in the Central Contractor Registration (CCR), Excluded Parties List System (EPLS), and Online Representations and Certifications Application (ORCA) databases.

iv. The offeror must provide the following, as applicable:

(A) A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts,

(B) A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers,

(C) If a contract was previously awarded under THIS Schedule, and it was subsequently cancelled or allowed to expire due to low sales, a detailed description of the steps the offeror plans to take to generate sales through a new contract that includes the following:

viii

1) A copy of the cancellation letter or notification of determination not to exercise an option,

2) Current Federal sales in excess of $25,000, as evidenced by copies of contractual documents that identify the Federal entity and the date and value of the product or services provided,

3) Demonstration that there is a reasonable expectation that any future award will comply with clause I-FSS-639 Contract Sales Criteria,

4) A marketing plan detailing the steps you plan to take to generate sales through a new GSA Schedule contract.

(D) Information regarding any pending offers under other Schedules, to include the name and phone number of the assigned GSA contract specialist,

(E) Information regarding any currently awarded GSA Schedule contracts, to include the awarded contract number and price list.

v. The offeror must provide financial statements for the previous two-year period (audited, if available). At a minimum, each financial statement must consist of a balance sheet and income statement. GSA will use this information to determine financial responsibility. Provide an explanation for any negative financial information disclosed, including negative equity or income. Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available. In accordance with Federal Acquisition Regulation (FAR) 9.103(a), contracts will only be awarded to responsible prospective contractors. To be determined responsible, an offeror must have adequate financial resources to perform the contract or the ability to obtain them. Note that 1.) submission of a GSA Form 527 does not meet the aforementioned requirements, and 2.) offerors are NOT to submit tax returns.

vi. The offeror must prepare and submit a Small Business Subcontracting Plan, if applicable. The offeror is to complete the Small Business Subcontracting Plan module in eOffer if, pursuant to the applicable NAICS codes and size standards, the offeror is determined to be other than a small business concern for purposes of this solicitation.

Large businesses, nonprofit organizations, and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans, incorporated by reference. The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to negotiation, along with the terms and conditions of any contract resulting from this solicitation. The offeror's subcontracting plan must be approved by the contracting officer prior to award. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer.

Note: GSA’s subcontracting goals can be found at the following website:

https://www.sba.gov/contracting/contracting-officials/goaling.

vii. Unless otherwise requested, the offeror shall not submit brochures, newsletters, or other marketing materials.

viii. An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer, will be involved in any part of the negotiation of the offer, or will be involved in any post-award actions. The template for the Agent Authorization Letter can be found as an attachment to the solicitation. The Agent Authorization Letter has both pre- and post-award delegations.

For any resultant contract, the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date (e.g., removing an authorized negotiator that only has pre-award delegations).

(2) Section II – Technical Proposal ix

The offeror must address the three technical proposal factors below.

i. Factor One - Corporate Experience: The offeror must submit a narrative description of its corporate experience. This narrative cannot exceed two pages and must address the following:

(A) The number of years of corporate experience in providing the products/services described under this Schedule, regardless of the specific products/services being proposed – a minimum of two (2) years of corporate experience is required,

(B) Organization’s number of employees, experience in the field, and resources available to enable it to fulfill requirements,

(C) Brief history of the offeror’s activities contributing to the development of expertise and capabilities related to this requirement,

(D) Information that demonstrates the offeror's organizational and accounting controls,

(E) A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed,

(F) A description of how the offeror intends to market the proposed products/services to Federal clients,

(G) A discussion regarding the intended use of subcontractors.

ii. Factor Two - Past Performance: The offeror must order and obtain a Past Performance Evaluation from Open Ratings, Inc. (ORI). Offerors are responsible for payment to ORI for the Past Performance Evaluation.

(A) Past Performance Evaluations are valid for a period of one year from the date of issuance by ORI. If the evaluation was issued more than one year prior to the date of proposal submission via eOffer, the proposal will be rejected.

(B) The order form must be completed with a minimum of six (6) customer references submitted. A "customer reference" is defined as a person or company that has purchased relevant products/services from the offeror. The offeror is advised to use references from projects involving products/services related to this solicitation and/or those performed under NAICS code(s) applicable to proposed products/services.

(C) The offeror must submit one (1) copy of the completed Past Performance Evaluation and one (1) copy of the order form with its proposal. Failure to submit the completed evaluation and order form will result in rejection of the proposal.

(D) The offeror must address any negative feedback for each of the feedback categories contained in the ORI report, to include actions taken to minimize the problems that resulted in negative feedback.

iii. Factor Three - Quality Control: The offeror is to submit a single narrative for this factor, regardless of the number of products/services offered. This narrative cannot exceed two (2) pages and must address the following:

(A) A description of internal review procedures that facilitate high-quality standards,

(B) Identification of individuals responsible for ensuring quality control, x

(C) Whether or not subcontractors are used and, if so, the quality control measures used to ensure acceptable subcontractor performance,

(D) How potential problem areas and solutions are handled,

(E) The procedures for ensuring quality performance when meeting urgent requirements,

(F) How quality control will be managed when completing multiple projects for multiple agencies simultaneously.

(3) Section III – Price Proposal

i. GSA's pricing goal is to obtain equal to or better than the offeror’s Most Favored Customer (MFC) pricing under the same or similar terms and conditions. GSA seeks to obtain the offeror's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. However, offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted. The U.S. Government Accountability Office has specifically recommended that "the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers."

ii. Submit proposed pricing using the attached Price Proposal Template. The Price Proposal Template MUST be submitted in Microsoft Office Excel format. The proposed pricing structure must be consistent with the offeror’s commercial practices. Pricing must be clearly identified as based either on a "Commercial Price List" or a "Commercial Market Price," as defined in FAR 2.101 (see "Catalog Price" and "Market Prices" under the definition of "Commercial Item").

(A) If the MFC is a Federal agency, but sales exist to commercial customers, identify which, if any, of the commercial customers receive the offeror’s best price. This will allow the Government to establish a "basis of award" customer in accordance with paragraph (a) of clause 552.238-75 Price Reductions.

(B) Proposed prices must include the 0.75% Industrial Funding Fee (IFF) (see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting). This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.

iii. Provide supporting documentation for EACH proposed product/service price.

Supporting pricing documentation may consist of published and publicly-available commercial catalogs/price lists, copies of invoices, contracts, quote sheets, etc., and must be submitted with the offer. There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate. Each supporting document must be clearly labeled with the name of the corresponding proposed product/service.

iv. The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable. For example, if a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer, the narrative must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable. Any deviation from the offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations.

The offeror must also propose a mechanism for future price adjustments, as detailed below:

(A) If pricing proposed in the Price Proposal Template is based on a commercial price list, submit a copy of the company's current, dated price list, xi catalog, or standard rate sheet (note that this must be an existing, standalone document, and not prepared for purposes of this solicitation). Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment – Multiple Award Schedule Contracts.

OR

(B) If pricing proposed in the Price Proposal Template is based on commercial market prices, future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment – FSS Multiple Award Schedule. The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator (e.g., the Bureau of Labor Statistics Employment Cost Index).

v. Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements. Costs for transportation, lodging, meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. These costs should not be included in proposed prices, as they are to be coordinated at the order level.

vi. Complete the Commercial Sales Practices Format (CSP-1) in eOffer in accordance with instructions provided. Provide a rationale for the given estimate of GSA contract annual sales.

(k) Raising the Bar

In an effort to raise standards under the FSS program, the following requirements have been highlighted in all solicitations and are relevant to this Schedule, as applicable:

(1) AbilityOne Program Products

The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products, a vendor must be an authorized AbilityOne Program distributor as designated by the U.S.

AbilityOne Commission.

Certain commercial products are considered “essentially the same” (ETS) as AbilityOne products.

Because AbilityOne products are mandatory purchases for Federal customers, an offeror that is not an authorized AbilityOne distributor is required to remove any ETS items from its FSS proposal. Offerors can search for products on the procurement list at https://www.abilityone.gov/procurement_list/.

For more information on the AbilityOne Program, ETS products, and becoming an authorized AbilityOne distributor, please visit www.abilityone.gov/, or contact Mr. Mike Jurkowski at mjurkowski@abilityone.gov/ 703-603-2117.

(2) Manufacturer Part Number and Universal Product Code Data

Manufacturer Part Number (MPN) data must be submitted for all products. The offeror must ensure that the MPN for each proposed product reflects the actual number assigned. Universal Product Code Type A (UPC-A) data must also be submitted for all products for which this information is commercially available. If MPN (and UPC-A data, if commercially available) is submitted incorrectly or not submitted, the associated product may not be awarded.

(3) GSA Advantage Purchase Order (PO) Portal

The offeror must use EDI, cXML or the GSA Advantage Purchase Order (PO) Portal to provide order acknowledgment information that enables ordering agencies to track the location of an order at any time, from the moment the order is shipped, to the point of delivery and acceptance.

The GSA Advantage Purchase Order (PO) Portal, which is accessible at https://www.poportal.gsa.gov/poportal/welcome.do gives GSA schedule contractors quick and xii easy access to purchase orders placed by federal agencies using GSA Advantage or eBuy. The PO Portal allows contractors to view, print and/or download orders and to send order acknowledgment/status directly to ordering agencies.

For more information on the PO portal review the PO Portal helpguide at:

https://www.gsaadvantage.gov/images/products/elib/pdf_files/pohp.pdf.

(4) Frustrated Freight (applicable only to overseas delivery)

The offeror must demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance.

An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery.

(5) Section 508 Standards

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

Offerors must identify whether a proposed Information and Communication Technology (ICT) product or service is compliant with the Section 508 accessibility standards at 36 CFR 1194. The offer must also identify where full details of compliance can be found (e.g., vendor’s website or other exact location.) For more information on Section 508 standards visit https://www.section508.gov/.

(6) Full-Product and Broad-Service Offerings

The offeror must provide a full and broad array of proposed products/services. An offer will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINs.

(7) Fair and Reasonable Pricing

To determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including pricing on competitor contracts, historical pricing, and currently available pricing in other venues. Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

Begin Regulation

SCP-FSS-002 SPECIFIC PROPOSAL INSTRUCTIONS FOR

SERVICES (FEB 2016)

(a) Read the entire solicitation document prior to preparation of an offer.

(b) The Offeror must comply with the instructions outlined in either SCP-FSS-001-N Instructions Applicable to New Offerors or SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors, as applicable.

(c) The proposal instructions in SCP-FSS-002 are common to all solicitations that include services (except Schedule 70). Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments “Read Me First” and “Critical Information” for additional information, requirements, and terms and conditions specific to a particular Schedule or

SIN.

(d) Offerors proposing services must also comply with the following:

xiii

(1) Section I Administrative/Contract Data –

(i) Complete the Summary of Offer document.

(2) Section II Technical Proposal

The Offeror must address a fourth technical factor as described below:

(i) Factor Four – Relevant Project Experience: The Offeror must submit a narrative demonstrating relevant project experience. A narrative is required for each proposed services SIN and must include the following:

(A) A description of two (2) relevant projects, not to exceed four (4) pages per project. Each description must clearly indicate the SIN to which it applies, and identify the specific services being proposed under that SIN. The projects must either have been completed within the last two years or be ongoing. For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multiyear task orders, at a minimum, the first year must have been completed.

Each project description must also address the following elements:

1) Detailed description of SIN-relevant work performed and results achieved

2) Methodology, tools, and/or processes utilized in performing the work

3) Demonstration of compliance with any applicable laws, regulations, Executive Orders, OMB Circulars, professional standards, etc.

4) Project schedule (i.e., major milestones, tasks, deliverables), including an explanation of any delays

5) How the work performed is similar in scope and complexity to the work solicited under the proposed SIN

6) Demonstration of required specific experience and/or special qualifications detailed under the proposed SIN.

The Offeror may use the same project in support of more than one SIN as long as the description clearly identifies the SIN-relevant work. All examples of completed services must have been deemed acceptable by the customer.

(B) For each project description, the following customer reference information must also be provided (this data is not counted towards the four-page-per-project limitation):

(1) Customer/client name

(2) Project name/contract number

(3) Customer point of contact for project

(4) Point of contact phone number and email

(5) Project performance period (include months/years)

(6) Dollar value of the entire project

(7) Dollar value received for the work performed relevant to the SIN offered

(8) Brief summary of the project as a whole (background, purpose, etc.)

(9) A copy of the Statement of Work for the project

(C) If relevant project experience does not exist, the Offeror may substitute the relevant projects of predecessor companies or key personnel that will be performing major aspects of the work. If the Offeror chooses to make such a substitution, the narratives must clearly identify the entity or personnel that performed the services.

xiv

Note: Project Experience substitutions are not allowed for Schedule 84 Total Solutions for Law Enforcement, Security, Facility Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response.

(3) Section III Price Proposal:

(i) Offeror must address additional pricing requirements as described below: The Offeror has the option to propose separate rates for "domestic” versus "overseas” and/or “customer facility” versus “contractor facility” if there are variations in costs that depend on where the work is performed. Rates proposed in this manner must be clearly labeled as such and supported through the submission of supporting price documentation.

1. For each proposed labor category, the Offeror must provide a detailed position description. Position descriptions must include functional responsibilities, minimum years of experience, minimum educational/degree requirements, and any applicable training or certification requirements. If it is the ’Offeror’s standard commercial practice to substitute experience for education, explain the methodology in use (e.g., five years experience equates to a BA/BS degree). Once the contract is awarded, these descriptions will become part of the Authorized Federal Supply Schedule Price List. It is the responsibility of the offeror to post the approved descriptions to GSA Advantage!®.

2. Proposed prices must represent fully-burdened rates inclusive of all cost factors (e.g., direct labor, indirect labor, G&A, profit, and IFF).

(ii) The Offeror must submit a Professional Compensation Plan in accordance with clause 52.222-46 Evaluation of Compensation for Professional Employees. Individual compensation disclosure is not required. Submission of the general compensation practices printed in the Offeror’s employee handbook is often sufficient.

(iii) The Offeror must submit a copy of ’its policy that addresses uncompensated overtime, in accordance with clause 52.237-10 Identification of Uncompensated Overtime.

(iv) Service Contract Act: Applicable to this solicitation (Service Contract Act 52.222-41, and related clauses 52.222-42, 52.222-43, and 52.222-49)

1. The Service Contract Act (SCA) applies to all nonprofessional services to be provided under this Schedule except for any pricing offered for services outside of the United States. The SCA index of applicable wage determinations for this solicitation and resultant contract are shown in FedBizOpps document, "SCA Index of Wage Determinations." The full-text version of each wage determination can be viewed at www.wdol.gov. Some of the proposed labor categories may be subject to the SCA (usually nonprofessional categories). As such, the Offeror should verify that its proposed base rates and fringe benefit rates for these labor categories meet or exceed the SCA wage determination rates and fringe benefits for the areas included in the geographic scope of the contract (i.e., nationwide);

the Offeror will be required to comply with applicable SCA wage determination rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract. The Offeror may be required to submit supporting documentation for the proposed rates that will allow the contracting officer to conduct cost analysis to determine that offered prices are fair and reasonable.

2. Schedule contractors must comply with the base rate and fringe benefit rate requirements of the prevailing rate SCA Wage Determination (WD) Revision Number currently incorporated into the GSA Schedule contract. No prevailing rate WD may be incorporated into a task order as the order may then be in conflict with the Schedule contract terms and conditions. However, WDs based on collective bargaining agreements (CBAs) may be incorporated into a task order if the task order is found to be a successor contract as used in FAR Subpart 22.10; a CBA WD would be applicable only to the task order it is incorporated into and no other orders under that Schedule contract.

3. In the price proposal, indicate which proposed labor categories are subject to xv the SCA by placing a double asterisk (**) next to the labor category name.

4. The following paragraph is meant to be instructive and NOT to be copied as part of proposed Schedule pricing:

For all the Offeror’s identified SCA-eligible labor categories, map them to the SCA-equivalent labor category title (titles/descriptions available at http://www.wdol.gov - click on the “library” link, then download the SCA Directory of Occupations, 5thEdition). Also identify the WD# that the labor categories in your offer are predicated on. Note that the applicable revision number for any Wage Determination number is the revision number identified in the solicitation index of wage determinations.

5. There are two possible strategies for determining price adjustments under SCA-eligible labor categories. All price adjustments under SCA-eligible labor categories shall be in accordance with clause 52.222-43.

52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts). Price adjustments for SCA-applicable labor categories shall be in accordance with clause 52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts). When a modification is issued to all contract holders incorporating a revised index of wage determinations, contractors shall notify the contracting officer of any increase/decrease claimed under clause 52.222-43 within 30 calendar days after receipt of the modification.

In addition to clause 52.222-43, one of the following two methods of escalation will be awarded.

Method 1: An escalation method is negotiated prior to award in accordance with the clause I-FSS-969 Economic Price Adjustment - FSS Multiple Award Schedule, utilizing any of the methods available in the solicitation under that clause.

OR

Method 2: When the offered prices are based upon a commercial price list, only revisions in the commercial price list will enable the contractor to revise Schedule contract prices. Schedule contract price increases will be allowed only in accordance with clause 552.216-70 Economic Price Adjustment - FSS Multiple Award Schedule Contracts.

Regardless of the method used, the contractor must ensure that within 30 calendar days after the effective date of any contract modification to revise pricing based on changes in the applicable wage determination(s), the contractor’s electronic catalog is updated on GSA Advantage!®.

Note 1: The contractor will not automatically be allowed an increase in prices based solely on new wage determinations.

Note 2: Reference Code of Federal Regulations, Title 29, Labor, Subtitle A Office of the Secretary of Labor, Part 4 Labor Standards for Federal Service Contracts, Subpart D Compensation Standards, paragraph 4.161 Minimum monetary wages under contracts exceeding $2,500, which states: “No change in the obligation of the contractor or subcontractor with respect to minimum wages will result from the mere fact that higher or lower wage rates may be determined to be prevailing for such employees in the locality after the award and before completion of the contract.”

6. Utilize the following spreadsheet format (labor categories shown are for example purposes):

xvi

SCA Matrix SCA Eligible Contract Labor Category

SCA Equivalent Code Title

WD Number

Secretary 01115 General Clerk I 052059 Driver 31361 Truck driver, Light

Truck 052059

Engineering Technician 29081 Engineering Technician I

052059

Administrative Assistant 01011 Accounting Clerk I 052059

7. Insert the following language below the above SCA matrix and insert both (matrix and language) at the end of the proposed GSA price list.

"The Service Contract Act (SCA) is applicable to this contract and it includes SCA applicable labor categories. The prices for the indicated (**) SCA labor categories are based on the U.S. Department of Labor Wage Determination Number(s) identified in the SCA matrix. The prices awarded are in line with the geographic scope of the contract (i.e. nationwide). "

Note: Regulation SCP-FSS-002

A Wage Determination document is currently available with this refresh. All identified SCA eligible labor categories must be mapped to the appropriate SCA Equivalent Code and Title

(available at http://www.wdol.gov). Utilize the spreadsheet format referred to as SCA

Matrix in the solicitation. All offerors should be taking into consideration wage determination rates when submitting proposed pricing.

Begin Regulation

SCP-FSS-003 SPECIFIC PROPOSAL INSTRUCTIONS FOR

PRODUCTS (JUN 2016)

(a) Read the entire solicitation document prior to preparation of an offer.

(b) The proposal instructions in SCP-FSS-003 are common to all solicitations that include products (except Schedule 70). Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments “Read Me First” and “Critical Information” for additional information, requirements, and terms and conditions specific to a particular Schedule or

SIN.

(c) Offerors proposing products must also comply with the following:

(1) Section I - Administrative/Contract Data

(i) The offeror must complete and upload to eOffer the Summary of Offer document.

(ii) All proposed products must comply with the Trade Agreements Act (TAA). It is the responsibility of the offeror to determine TAA compliance.