02 - Solicitation

Solicitation Document Title : Hardware Superstore

Solicitation Number : 6FEC-E6-060173-B

Refresh Number : 28

Created on December 14, 2018

COVER PAGE

Begin Regulation

CP-FSS-1-C (MAY 2000)

Solicitation No. 6FEC-E6-060173-B Refresh 28

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: 28 Cover Page i

Number Title Clause/Provision

52.219-9 SMALL BUSINESS

SUBCONTRACTING PLAN (JAN 2017)

Clause

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

SCP-FSS-007 SPECIAL PROPOSAL INSTRUCTIONS

FOR ORDER-LEVEL MATERIALS

SPECIAL ITEM NUMBER (JUN 2018)

Provision

52.204-23 PROHIBITION ON CONTRACTING

FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES (JUL

2018)

Clause

52.219-9 SMALL BUSINESS

SUBCONTRACTING PLAN (AUG 2018)

(ALTERNATE II - NOV 2016)

Clause

552.238-82 SPECIAL ORDERING PROCEDURES

FOR THE ACQUISITION OF

ORDER-LEVEL MATERIALS (JAN 2018)

Clause

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

I-FSS-106 GUARANTEED MINIMUM (NOV 2018) Clause

52.209-9 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT

2018)

Clause

52.232-33 PAYMENT BY ELECTRONIC FUNDS

TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

Clause

I-FSS-600 CONTRACT PRICE LISTS (OCT 2016) Clause

52.222-6 CONSTRUCTION WAGE RATE

REQUIREMENTS (08/22/2018)

Clause

52.222-8 PAYROLLS AND BASIC RECORDS

(AUG 2018)

Clause

52.222-41 SERVICE CONTRACT LABOR

STANDARDS (AUG 2018)

Clause

52.222-43 FAIR LABOR STANDARDS ACT AND

SERVICE CONTRACT LABOR

STANDARDSâ##PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION

CONTRACTS) (AUG 2018)

Clause

52.225-25 PROHIBITION ON CONTRACTING

WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN

â## REPRESENTATION AND

CERTIFICATIONS (AUG 2018)

Provision ii

52.209-7 INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT

2018)

Provision

52.219-8 UTILIZATION OF SMALL BUSINESS

CONCERNS (OCT 2018)

Clause

52.204-7 SYSTEM FOR AWARD MANAGEMENT

(OCT 2018)

Clause

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE (OCT 2018)

Clause

52.212-1 INSTRUCTIONS TO OFFERORS -

COMMERCIAL ITEMS (OCT 2018)

Provision

52.225-5 TRADE AGREEMENTS (AUG 2018) Clause

52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS - COMMERCIAL

ITEMS (OCT 2018)

Provision

52.212-5 CONTRACT TERMS AND

CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL

ITEMS (OCT 2018) (ALTERNATE II -

OCT 2018)

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, administrative corrections, and other required changes. GSA anticipates that the refresh will occur in November 2018.

Summary of Planned Changes iii

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 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 iv 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.

(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 v

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.

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 vi

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 2018)

(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 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 vii 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.

(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.

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.

(g) The following documents must be submitted by all offerors and are detailed in paragraph (j). See SCP-FSS-002, 003, 004, 005, and 006, 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),

(5) Technical Proposal,

(6) Price Proposal Template,

(7) Supporting Pricing Documentation,

(8) Price Narrative,

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

viii

(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:

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 ix 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

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 x 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,

(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, xi

(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, 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 xii 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, the offeror is required to remove any ETS items from its FSS proposal. This applies only to the following Schedules: 73 - Food Service, Hospitality, Cleaning Equipment and Supplies, Chemicals and Services; 75 - Office Products/Supplies and Services and New Products/Technology; 51V - Hardware Superstore; and 70 - General Purpose Commercial Information Technology Equipment, Software, and Services.

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) Frustrated Freight (applicable only to overseas delivery)

The offeror must maintain an order tracking system that permits 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 offeror must also 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.

(4) 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 xiii proposed SINs.

(5) 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-001-S INSTRUCTIONS APPLICABLE TO SUCCESSFUL

FSS PROGRAM CONTRACTORS (APR 2018)

(a) Offers can be submitted per the streamlined instructions detailed under this provision provided that the contractor meets ALL of the following criteria (otherwise the offer must be submitted in accordance with SCP-FSS-001-N Instructions Applicable to New Offerors):

(1) The contractor has an existing FSS program contract under this Schedule and is submitting a new offer for the same SINs.

(2) Sales under the existing contract have averaged a minimum of $25,000 per year for the previous five years of reported sales.

(3) There is a demonstrated pattern of satisfactory past performance under the existing contract.

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

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

(d) Offers must be current, concise, and complete, and demonstrate a thorough understanding of 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).

(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-S), 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.

(1) SCP-FSS-002 Specific Proposal Instructions for Services – Applies to all offers that propose services, with the exception of Schedule 70. The offeror must comply with all requirements under this provision with the exception of (d)(2) Section II - Technical Proposal (Factor Four - Relevant Project Experience), which is not applicable to streamlined offers.

(2) SCP-FSS-003 Specific Proposal Instructions for Products – Applies to all offers that propose products, with the exception of Schedule 70. The offeror must comply with all requirements under this provision.

(3) SCP-FSS-004 Specific Proposal Instructions for Schedule 70 – Applies only to offers submitted under Schedule 70 - General Purpose Commercial Information Technology Equipment, Software, and Services. The offeror must comply with all requirements under this provision with the exception of (d) Section II - Technical Proposal (Factor Four - Relevant Project Experience), which is not applicable to streamlined offers.

(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. The offeror xiv must comply with all requirements under this provision.

(5) SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V – Applies only to offers submitted under Schedule 23V - Automotive Superstore. The offeror must comply with all requirements under this provision.

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

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

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

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

(3) Commercial Sales Practices (CSP) disclosure.

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

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

(2) Agent Authorization Letter (if applicable),

(3) Technical Proposal,

(4) Price Proposal Template,

(5) Supporting Pricing Documentation,

(6) Price Narrative,

(7) 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 streamlined proposal instructions in SCP-FSS-001-S 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.) 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.

(ii.) 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, xv

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

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

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

(iii.) 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.

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

(v.) 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

The two technical proposal factors are below. The offeror is required to address Quality Control.

The submission of data in support of Past Performance is optional.

(i.) 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,

(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.

(ii.) Past Performance: The offeror is not required to address this factor, as past xvi performance will be evaluated based on existing information available to the contracting officer. The offeror may submit relevant past performance references if desired but is not required to. If submitting relevant past performance references please include point of contact information for each.

(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 contractor’s best price.

(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, 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

xvii

(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…