Attachment 1 - Emergency Acquisition Basic Ordering Agreement (EA BOA) DRAFT 2026-07-16.docx

Federal Acquisition Service Office of Shared Services Delivery

BASIC ORDERING AGREEMENT

BETWEEN THE

GENERAL SERVICES ADMINISTRATION

AND

[Participating Contractor Name]

This Basic Ordering Agreement (Agreement) between the General Services Administration (GSA) and [Company Name] is entered into to provide rapid response and delivery of commercial supplies and services in support of emergency requirements.

This Agreement shall be effective upon signature of both the contractor listed above and by the Contracting Officer and shall incorporate the terms and conditions of the sections that follow. Upon execution of this Agreement, the participating contractor will be eligible to participate in any Requests for Emergency Support (RES), or competitive solicitations, issued to participating contractors by Authorized Users. The terms and conditions of the Agreement shall be incorporated into each order placed (awarded pursuant to a RES) at the time of award, and may be accompanied by additional terms and conditions applicable at the order level. Changes made to the Agreement, its sections, or other terms and conditions, must be accomplished by modifications to this Agreement, and those modifications must be accepted by [Company Name] for continued participation in this Agreement. Modifications to this Agreement do not affect orders previously issued under it. Participation in this Agreement shall last from January 1, 2027 through December 31, 2031, unless ended by either party 30 days after submitting a written Notification to Dissolve the Agreement.

An executed copy of the Agreement shall be returned to [Company Name].

Signature Blocks

Section 1 - GSA Emergency Acquisition Basic Ordering Agreement (EA BOA)

1.1 Purpose.

GSA’s Office of Shared Services Delivery (FD) has entered into an agreement with Federal agencies such as the Federal Emergency Management Agency (FEMA) to assist in the rapid procurement and delivery of supplies and services both in anticipation of and response to emergencies. The term “Emergency” used within this agreement means events which meet the definition found in FAR 2.101 OR any situation which, if not corrected immediately, will result in unnecessary expenditure of funds, property damage, personal injury, or interruption of agency functions. This means a Presidential declaration OR an agency determination that an emergency event has occurred or exists is sufficient for utilization of this BOA. To that end, FD has established this Basic Ordering Agreement (BOA) with qualified contractors to:

· Provide authorized federal agencies with an ordering vehicle that minimizes the administrative burden in locating and soliciting quality products and services from qualified contractors;

· Provide contractors offering emergency supplies, services, and managed solutions with an enhanced opportunity to compete for emergency acquisitions and support emergency response efforts; and

· Ensure the rapid delivery of procured materials, equipment, and services during periods of uncertainty by pre-positioning delivery and other terms and conditions.

1.2 Overview.

A BOA is not a contract and does not bind the government to place orders with those contractors entering into the agreement; rather, it outlines the process that authorized users and BOA holders will follow when a user intends to place an order for emergency supplies or services with a participating contractor.

1.3 Scope.

The EA BOA is meant to be a single destination for commercial supplies and services supporting emergency requirements. Due to the uncertain nature of emergencies, the government is unable to devise a complete catalog or list of supplies, services, labor categories or other required offerings, but instead requires a method to rapidly solicit and award contracts/orders for any commercial supply or service required in support of an emergency, with the following offerings considered in scope:

· Supplies: FEMA’s Commonly Used Sheltering Items & Service Listing (CUSI-SL) lists many of the emergency supplies that GSA has procured in previous efforts in support of FEMA’s emergency responses. It should not be considered all inclusive, but rather indicative of the types of supplies that federal agencies will require in support of emergency operations. In selecting BOA participants, the government will give preference to those contractors that offer a wide array of emergency supplies to ensure that participants are capable of meeting authorized user’s requirements in terms of quantity, quality, and delivery. Additional supplies for consideration under this EA BOA include those found on DLA’s Wildland Fire Equipment list.

· Services: The government may require service providers to support emergency operations, including but not limited to, temporary transportation services, emergency vehicle rentals, equipment rentals, translation services, portable toilet services, catering services, environmental remediation, facility restoration, waste disposal, and sanitation or cleaning services. In selecting BOA participants, the government will make every effort to maximize the types of services available to authorized users by including as diverse a group of contractors as practicable to participate in the BOA.

· Managed Emergency Solutions: The EA BOA would like to include contractors that are capable of providing total managed solutions for emergency response, including a wide array of products and services together, to avoid the need to individually award and administer a myriad of contracts in response to large scale emergencies.

Orders placed with BOA participants may cross all three emergency acquisition categories above, and the government will seek to maximize BOA participation among contractors capable of providing more than one scope category. This BOA may be used to support the United States government anywhere that it operates (e.g., CONUS, OCONUS, outside of the USA and its territories). Authorized users are responsible for adding all unique terms and conditions for purchases made to support the US government outside of the USA (e.g., customs, shipping, SOFA agreements, etc.).

1.4 Pricing

Due to the uncertain nature of emergencies, the government is unable to devise a complete catalog or list of supplies, therefore no pricing will be negotiated at the EA BOA level. Prices will be established prior to order award, and will be determined fair and reasonable based on adequate competition. Should competition for any order be inadequate, the ordering officer will utilize the techniques found in FAR 15.404-1(b) (GSA Class Deviation RFO-2025-15) to determine prices fair and reasonable.

GSA does NOT recommend the award of unpriced orders under this BOA. If an unpriced order is awarded IAW FAR 16.703-3(d)(3) (GSA Class Deviation RFO-2025-16), failure to reach agreement on price for such an order will be handled IAW FAR 52.212-4(e) “Disputes” per FAR 16.703-3(b)(5) (GSA Class Deviation RFO-2025-16).

It is anticipated that orders placed under the EA BOAs will be Firm-Fixed Price (FFP). The EA BOA scope is limited to commercial supplies and services, therefore Cost type orders are prohibited in accordance with FAR 12.104(d) (GSA Class Deviation RFO-2025-12).

It is anticipated that all EA BOA orders will be under the FAR 12.201-1 (GSA Class Deviation RFO-2025-12) threshold for simplified procedures for commercial items of $9,000,000.00. In the event of a declared disaster, this threshold may be raised in accordance with FAR 18.001 (GSA Class Deviation RFO-2025-18).

1.5 Response and Delivery.

Due to the emergency nature of in scope requirements, solicitations (RES) and subsequent orders placed under this BOA may have very rigid response and delivery requirements.

Specific response timeframes will be addressed in each RES and may include but are not limited to:

· RES Response Times for Supply Purchases:

· For RES submissions that occur during normal business hours (7:00am - 5:00pm, Eastern time), participating contractors may have as few as 5 hours to submit quotes in response to each RES.

· For RES submissions that occur after hours (5:01pm - 6:59am, Eastern Time), participating contractors may have as few as 8 hours to submit quotes in response to each RES.

· RES Response Times for Service Purchases:

· For RES submissions that occur during normal business hours (7:00am - 5:00pm, Eastern time), participating contractors may have as few as 12 hours to submit quotes in response to each RES.

· For RES submissions that occur after hours (5:01pm - 6:59am, Eastern Time), participating contractors may have as few as 24 hours to submit quotes in response to each RES.

NOTE: When possible, authorized users are encouraged to grant longer response timelines, however during active disasters and emergency response events, the minimum response times may be utilized.

Specific delivery requirements will be addressed in each RES and may include but are not limited to:

· Accelerated delivery time frames: the standard shipping terms for supply/product orders placed against the EA BOA may require:

· at least 30% of the total quantity of items delivered within 24 hours of order placement,

· at least 60% of the total quantity of items delivered within 48 hours of order placement, and

· complete fulfilment of the total quantity of items no longer than 72 hours after order placement.

NOTE: When possible, authorized users are encouraged to grant longer delivery time frames, however during active disasters and emergency response events, the minimum delivery time frames may be utilized.

· Real time tracking via Global Positioning System (GPS) or similar method for all shipments of emergency supplies.

· Providing Advance Ship Notice (ASN) information to FEMA once products have been shipped, if required. When required, an ASN Upload Spreadsheet will be provided as an attachment to an order. Contractors will be required to provide the following information in the data fields:

· Contractor POC name and phone number

· Distribution Order (DO) number: (provided by ordering activity)

· Trailer Number: input a tracking number when a commercial carrier (FedEx, UPS, USPS, etc.) is used for shipping

· Origin Facility: will be a code included in the DO document and provided by the ordering activity

· Destination Facility: will be a code included in the DO document and provided by the ordering activity

· Estimated Delivery Date/Time: MM/DD/YYYY date and 24 hour time format in the destination time zone

· Partner Ref Number: Unique Entity Identifier (UEI)

· Item Name: will be included in the DO document and provided by the ordering activity, and will correspond to the line items on the order

· Shipped Quantity

· Redirection of shipped supplies in transit: Authorized users may require that shipments be re-routed in response to dynamic emergency environments, and participating contractors must have the ability to re-direct shipments upon notification from the authorized user placing an order.

Section 2 - BOA Characteristics and Contractor Qualifications

2.1 BOA Characteristics.

· Initial Participation: The EA BOA invites interested, qualified contractors to express their desire to participate in the BOA. GSA will consider all contractors expressing interest and will enter into agreements with a sufficient number to meet its anticipated mission needs. The decision to enter into an agreement will be based upon contractors’ capability to deliver emergency response supplies and services in accordance with the requirements of this Agreement, experience with product/service compliance while meeting delivery/performance dates, small business status, and geographic location for maximum coverage of the United States.

· BOA Ordering Period: The BOA ordering period will run from January 1, 2027 through December 31, 2031. BOAs can be rescinded at any time by either party--GSA or the BOA holder--by written notice to the other party with 30-days notice, unless another reason for rescission occurs in accordance with the terms of the BOA.

· Annual Review: At least annually, the BOA Contracting Officer (CO) will accomplish the following:

· Ensure BOA participating contractors have an active registration in the System for Award Management (SAM), no active exclusions, and that Point of Contact (POC) information is up to date.

· Review BOA orders awarded to participating contractors to ensure performance conforms to the BOA and individual order quality, cost, and delivery requirements.

· Evaluate BOA participant pool to ensure that the BOA is effective in providing all the supplies, services, and managed solutions, as applicable, in meeting authorized user needs. The BOA CO may schedule an On-Ramping Invitation to increase the number of participants if appropriate, but On-ramping is not required if the BOA participant pool is capable of meeting anticipated emergency requirements.

· Review and update the BOA, Acquisition Plan, Market Research Report, and other supporting documents, if required, for authorized users to rapidly submit Requests for Emergency Support.

· On-Ramping Invitation: Based on the availability of qualified contractors to meet authorized user needs for emergency supplies and services or based on other factors, the BOA CO may initiate an On-Ramping Invitation at any time. This event will allow non-participating contractors to express their desire in being included in the BOA. The BOA CO will consider all interested contractors for inclusion at that time and will enter into agreements with a sufficient number to meet its anticipated mission needs. On-Ramping Invitations will be publicized in the Contract Opportunities section of the Government Wide Point of Entry, SAM.gov.

· Authorized Users: This BOA is open for use by GSA and all other Federal Agencies. Authorized users include any individual within a federal agency/organization authorized to enter into contracts on their organization’s behalf.

· Limitations: RFO FAR 16.703 provides BOA descriptions, applications, and limitations. Participating contractors are reminded that a BOA is not a contract award, nor is it a promise from the government to place orders with participating contractors. The purpose of establishing the EA BOA is to ensure authorized users can quickly obtain emergency response products and services, and the government cannot guarantee that participating contractors will ever receive orders under this BOA.

2.2 Contractor Qualifications for BOA Participation.

Through the creation of the EA BOAs, the government seeks to establish a comprehensive network of supply, service, and managed solution providers across the United States that are willing and able to rapidly respond to order requests for the expedited delivery of emergency support supplies and services.

· Capability: Contractors selected to participate in the BOA holder pool will be those able to provide a wide variety of supplies similar to those described in the Commonly Used Sheltering Items & Service Listing (CUSI-SL), Wildland Fire Equipment Catalog, and emergency response related services. Additionally they will need to certify their ability to meet the EA BOA emergency response and delivery requirements addressed in section 1.5 of this Agreement, and meet the responsibility requirements described in FAR 9.104-1 (GSA Class Deviation RFO-2-25-09).

· Experience: Participating contractors will have demonstrated experience in providing conforming products or services within agreed upon timeframes, and preferable experience in supporting emergency acquisitions. GSA will use all information available, especially that in CPARS, in considering contractor experience for participation in the BOA.

· Small Business Size: GSA intends to maximize small businesses participation under this BOA to the maximum extent practicable in supporting emergency acquisitions. To that end, GSA will set aside subsequent orders (whenever possible) for small businesses. Additionally, preference will be given to small businesses in selecting contractors for participation in the BOA.

· Geographic location: FAR Part 18 states that preference for emergency acquisitions will be given to local area businesses, and GSA will ensure that participating contractors are able to provide emergency products and services in their local areas and regions to the greatest extent possible. In selecting contractors for participation, GSA will seek to maximize contractor availability across the United States.

· Eligibility: Participating contractors must be actively registered in SAM with an “All Awards” purpose of registration. Contractors must have zero (0) active exclusions throughout participation in the EA BOA. Should a contractor receive an active exclusion, their participation in the BOA may be revoked, and they will not be eligible to compete for future emergency acquisition orders.

Section 3: EA BOA Suggested Ordering Procedures Authorized users may use the following process when issuing an RES and awarding a subsequent order under the EA BOA. This ordering process is optional and authorized users may tailor the process as desired or required to comply with specific agency internal policies and procedures:

3.1 Requests for Emergency Support (RES) Process:

3.1.1. Acquisition Planning and Market Research. The BOA CO has accomplished an Acquisition Plan and Market Research Report for authorized users to include in their contract files for contract actions anticipated using the EA BOA. These forms are available from the BOA CO and are reviewed at least annually and updated as necessary. GSA recommends making the following considerations when forming an acquisition strategy for emergency products or services:

a. Local area contractors: FAR Part 18 urges the use of local area businesses to the greatest extent practicable for emergency purchases

b. Small business participation: The BOA CO recommends setting aside purchases for small businesses alone (i.e. Total Small Business Set-Aside) as often as possible.

c. Competition: FAR Part 18 references many flexibilities to streamline the acquisition process when responding to an emergency. The EA BOA ordering process has been designed to support rapid responses from participating contractors while promoting competition, and the BOA CO strongly recommends authorized users compete requirements among all BOA holders to the greatest extent possible, setting aside orders for small businesses as appropriate.

NOTE: BOAs are not contracts, therefore orders placed under BOAs must still comply with FAR part 5 and 6 posting and competition requirements. Prior to limiting competition to only EA BOA holders, authorized users are encouraged to review the FAR, as well as internal policies and procedures, to ensure compliance. A Justification and Approval (J&A) limiting competition to the EA BOA holder pool is recommended.

3.1.2. RES Format: Authorized users may draft a RES using the Standard Form 1449 or any other means deemed appropriate by the requiring agency (e.g. an email or an oral RES may be issued in the interest of time). If drafting your RES using the SF 1449, users may refer to the instructions below:

a. Block 1. Requisition Number: Enter the number associated with your funding document, as applicable.

b. Block 2. Contract No.: Leave blank

c. Block 3. Award/Effective Date: Leave blank

d. Block 4. Order Number: Leave blank

e. Block 5. Solicitation Number: Enter a unique number to identify your RES. Federal users should ensure this number conforms to the PIID requirements of FAR 4.201 (GSA Class Deviation RFO-2025-04).

f. Block 6. Enter the date you submit your RES to the participating contractors.

g. Block 7a. Enter your primary POC’s name

i. Please ensure that your POC is available to respond to participating contractor questions. If necessary, consider attaching a continuation sheet that includes additional contact information as needed to ensure rapid responses to contractor questions in meeting the very aggressive BOA RES-Quote submission timeframes.

h. Block 7b. Enter your primary POC’s preferred telephone number

i. Block 8. Indicate the date and time that responses must be received.

i. Section 1.4 of this Agreement addresses rapid response times for emergency requirements as follows:

Supply Purchases

1. RES submitted during business hours: 5 hours

2. RES submitted during non-business hours: 8 hours Service Purchases

3. RES submitted during business hours: 12 hours

4. RES submitted during non-business hours: 24 hours

ii. For purchases that are either in advance of or for pre-positioning prior to an emergency, provide a reasonable response time for participating contractors to provide RES-Quotes.

iii. Authorized users can increase response times as appropriate for their specific requirements.

j. Block 9. Issued By: Indicate the ordering activity’s physical address. The Code field is optional but add a code if applicable for your agency ordering procedures.

k. Block 10. This Acquisition is: Check Set Aside, add 100 to the % field, and check Small Business

i. At the time of the initial offering, BOA participation will be extended to selected interested contractors regardless of small business size to ensure the maximum availability of emergency supplies and services. RES opportunities should be submitted to all BOA participants to maximize competition and chances of identifying qualified and capable sources to satisfy authorized user needs, however only Small Businesses will be evaluated and considered initially; however, quotes submitted by other than Small Businesses will be considered should an award not be possible to a Small Business. See Section 3.3 below for evaluation procedures.

ii. Add NAICS code for purchase and its associated size standard.

NOTE: Set-aside determinations are left up to the authorized users, however the EA BOA CO strongly recommends setting aside orders under the EA BOA to the maximum extent practicable.

l. Block 11. FOB Destination. Do not check this block unless you anticipate assuming liability for shipped supplies at the origin point not recommended)

m. Block 12. Discount terms. Leave blank.

n. Block 13a. Rated Order. Check box if the order is either DO or DX rated.

o. Block 13b. Rating. Indicate the rating of the order, if applicable.

p. Block 14. Method of Solicitation. Check Request for Quote (RFQ)

q. Block 15. Deliver To: Indicate the delivery address for your requirement. The code block is optional, but a number can be added if applicable to your agency procedures.

i. If you're ordering for multiple delivery locations, please indicate Multiple Deliveries or similar verbiage in this block. When adding line items to your RES, provide the delivery locations along with the description of your needs in Block 20, or on a continuation page attached to the SF 1449.

r. Block 16. Administered By: Enter the address of the office that will be responsible for contract administration. Add a code in the Code block if applicable.

s. Block 17a. Contractor/Offeror. Leave blank.

t. Block 17b. Leave the box unchecked.

u. Block 18a. Payment will be made by. Add the office responsible for paying contractor invoices.

v. Block 18b. Check this box if the contractor will be required to either submit their invoices to an address or recipient other than indicated in Block 18a or if they will need to invoice using an invoicing/payment system. If you check this box, you will need to provide invoice instructions as an attachment to your RES.

w. Block 19. Item No.: Indicate a line item number for your RES. Use one number for each supply item or service required. Numbers should be sequential and can conform to authorized user agency standards (0001, 0002, 0003, etc.; 1, 2, 3, etc.)

x. Block 20. Schedule of Supplies/Services: Enter the following information in this block:

i. Description of Supplies/Services: Enter a description of what you are requesting participating contractors to provide. If additional information is required--product specifications, work statements, other pertinent product or service description information--provide it as an attachment to the SF 1449 and indicate its presence in this block.

ii. Delivery Information: The SF 1449 does not include a block for delivery date or multiple delivery locations. For each line item, Block 20 must include a delivery date and, for multiple delivery locations, a delivery address. Alternatively this information can be provided in a continuation page attached to the SF 1449 and noted in this block.

iii. Emergency Delivery: Each line item must also indicate whether or not the item delivery is emergency in nature. Ordering activities must indicate one of the following for each line item:

Add the term “EMERGENCY” if the BOA emergency delivery terms will apply to a line item, which are:

1. at least 30% of the total quantity of items delivered within 24 hours of order placement, and

2. at least 60% of the total quantity of items delivered within 48 hours of order placements, and

3. complete fulfilment of the total quantity of items no longer than 72 hours Add the term “SUSTAINMENT” if non-emergency delivery terms will apply. Indicate the applicable delivery terms for sustainment purchases--generally expressed as a number of days After Receipt of Order (ARO).

NOTE: If an ordering activity fails to indicate whether a line item or RES is for EMERGENCY or SUSTAINMENT, participating contractors will assume that EMERGENCY delivery terms apply.

y. Block 21. Quantity: Indicate the quantity of supplies you need, or for services, consider the frequency of performance (1 time, 1 month, etc.). For supplies, please consider the standard commercial packaging of required items (e.g. Lightbulbs. They generally come in packages of 2, 3, 4 etc., and rarely packages of 1. Consider ordering in quantities that do not require a participating contractor to re-package the supplies--this will likely increase the price and the time needed to deliver)

z. Block 22. Unit. Indicate the units for your RES (for supplies this could be Each for individual units, package for a standard package; for services this will likely be week, month, or other unit of frequency)

aa. Block 23. Unit Price. Leave this blank--participating contractors will complete this block when submitting their RES-Quote

ab. Block 24. Amount. Leave this blank--participating contractors will complete this block when submitting their RES-Quote

ac. Block 25. Federal ordering activities should identify their Line of Accounting in this block as applicable.

ad. Block 26. Total Award Amount. Leave blank. Participating contractors will return the RES document with this block completed as the total of all priced line items.

ae. Block 27a. Federal ordering activities should check this box and indicate whether any additional addendums to the referenced provisions and clauses are attached separately.

af. Block 27b. Leave this box unchecked for RES

ag. Block 28. Contractor Signature Requirements. Leave blank.

ah. Block 29. Offer information. This box should never be used. The EA BOA is not meant for use when contracting for competitive proposals or using procedures similar to those described in RFO FAR 15.

ai. Block 30a - 30c. Contractor Signature. Leave blank.

aj. Block 31b. Name of Contracting Officer: Provide the name of the Contracting Officer or other ordering activity official authorized to enter into contracts on behalf of their organization/agency.

3.1.3. Authorized Users will submit the RES to all participating contractors under the EA BOA. A current list of contractors must be obtained from the BOA CO at least annually, and if possible prior to each RES to ensure maximum competition and participation from BOA contractors. A current version of the BOA, participants, and training can be found here.

3.2 Quote Submission Process:

Participating contractors will submit RES-Quotes to authorized users via the email address used to issue the RES unless alternative RES-Quote submission instructions are provided.

3.2.1. Participating contractors must ensure that RES-Quotes include the following elements at a minimum:

a. Block 12: Specify any discount terms, if applicable.

b. Block 17a. Contractor/Offeror - Participating contractors must include their company name and address, and the name of a Point of Contact that can accept orders placed against the BOA for each RES-Quote submitted.

c. Block 17b. Check this box if your payment/remittance address is different from your company’s physical address. If this is the case, participating contractors should attach their payment/remittance information as an attachment to their RES-Quotes.

d. Block 20. Schedule of Supplies/Services - Unless specified as a “brand-name product or item peculiar to one manufacturer”, participating contractors can propose suitable substitute products in response to an RES as applicable. These items must be at least equal in quality, performance, and possess equivalent salient characteristics to those specified in the RES, and for each suitable substitute product quoted, participating contractors must:

i. Attach a product description that contains sufficient detail to allow a technical reviewer to determine that the suitable substitute is capable of performing at least as well as the item listed, and

ii. Indicate the substitution in Block 20 by removing the information listed in the RES, beginning the description with “SUB--” and listing the quoted suitable substitute description and part number.

NOTE: Failure to provide adequate product descriptions detailing how the quoted items meet the RES requirements may result in the quote being removed from consideration for award.

e. Block 23. Unit Price - List the unit price for each product quoted. Pricing anticipated under the EA BOA is fixed price and no separate price elements are required.

f. Block 24. Amount - calculate the total price of the number of items multiplied by the unit price. Authorized users may verify this calculation is correct, but participating contractors should be aware that errors in this calculation may be used as the basis for authorized users to select another contractor for order award.

g. Block 26. Total Award Amount - Calculate the total price for the RES-Quote by adding each total amount in Block 24. Authorized users may verify this calculation is correct, but participating contractors should be aware that errors in this calculation may be used as the basis for authorized users to select another contractor for order award.

3.2.2. If necessary, participating contractors may attach additional documents to the RES-Quote and are asked to reference a RES-Quote number and any other information necessary to ensure that authorized users can easily understand the nature of the supplies or services being quoted.

3.3 Evaluation and Selection

RES-Quote Evaluation will occur immediately when the response time for RES-Quote submission expires.

3.3.1. Small Business Participation: Upon receipt of RES-Quotes, the ordering activity will review the small business status of each participating contractor submission. Large business submitted RES-Quotes will not be considered initially if any RES-Quotes are received from small businesses. If, after the following evaluation activities are completed, no small business RES-Quote can be determined acceptable, the ordering activity will repeat the evaluation process described below with RES-Quotes submitted by large businesses. This process eliminates the need to resolicit RES requirements in emergency situations while also providing maximum opportunity to small business participants.

3.3.2. Price evaluation: Each RES-Quote will be evaluated on a total price basis using the “lowest priced, technically acceptable” methodology unless a different methodology is specified in the RES. If an authorized user includes an evaluation methodology that is different than the one described below, participating contractors are required to comply with any instructions in that RES for submission and evaluation of RES-Quotes.

3.3.3. RES-Quotes will be ranked according to total price as described in Block 26, with the lowest priced RES-Quote reviewed for technical acceptability first. If acceptable, an order will be placed with the participating contractor submitting that lowest priced, technically acceptable quote.

a. If GSA is serving as the authorized user on behalf of FEMA or other federal executive agency, the GSA Contracting Officer will transmit the lowest priced RES-Quote to the POC identified by FEMA or other agency for technical review.

3.3.4. If the lowest priced RES-Quote is determined to be technically unacceptable, the next lowest priced RES-Quote will be sent for review until a technically acceptable RES-Quote is identified or all quotes are determined unacceptable.

3.3.5. In the event all RES-Quotes are determined unacceptable, the authorized user is permitted to contact one, some, or all of the participating contractors submitting RES-Quotes to provide guidance on revising a RES-Quote and re-submitting it for review. The evaluation process will begin again with the one, some, or all revised RES-Quotes until a technically acceptable RES-Quote receives an order, or the RES is cancelled.

3.4 Order Placement

3.4.1. Authorized users will place awards for quoted supplies and/or services with the participating contractor that represents the best value, technically acceptable solution to the RES by accomplishing the following:

a. Authorized users will sign the SF 1449 in Block 31a., include their name in Block 31b., and provide the date of signature in Block 31c. after verifying the participating contractor has an “Active” SAM profile and no exclusions (SAM check is not required for non-federal government users).

b. Once the SF 1449 is signed by a Contracting Officer, or individual authorized to enter into contracts for non-federal ordering activities, it represents an offer to the participating contractor for the supplies or services described.

c. Participating contractors can accept the offer, and therefore enter into a binding contract/order, by:

i. Signing Block 30a., providing their name and title in Block 30b., and indicating the date signed in Block 30c., and/or

ii. Beginning performance.

NOTE: The BOA CO recommends that participating contractors sign and return the offer to the CO. Once the CO, or authorized user with the authority to enter into contracts on their organization’s behalf, signs the order and the participating contractor signs the order or begins performance, a contract is formed.

3.5 BOA Holder Communication

3.5.1. Notice of Order Placement. For each order placed, the authorized user must notify each participating contractor submitting a RES-Quote of the following information:

a. Name of participating contractor receiving the order

b. RES #, description of requirement, and delivery or performance location

c. Description of any suitable substitute product ordered, if applicable

d. Total price of the order

3.5.2. RES-Quote feedback. In the event an authorized user selects an evaluation method other than lowest priced, technically acceptable, they must allow participating contractors an opportunity to learn why their RES-Quote was not selected for an order. Feedback should be given in person or over the phone if possible, and with the intention of helping participating contractors in submitting improved RES-Quotes for future efforts.

3.6 Order Fulfillment.

Orders will be considered fulfilled when the government inspects and accepts the delivered supplies or performed services.

3.6.1. Inspection and Acceptance. In addition to the terms and conditions found in FAR 52.212-4(b), government personnel responsible for inspecting that delivered supplies or performed services conform to the order, must do so in writing, including the following methods:

a. Complete the receiving report on the SF 1449 BACK. The back of the SF 1449 allows government personnel to indicate that inspection, acceptance and receipt has occurred, to include the date of receipt and of acceptance. If any exceptions to acceptance occur--non-conforming supplies, damaged items, late delivery, etc.--the government acceptor must describe them in the NOTED: block or by including a continuation page.

b. Provide other written confirmation of inspection and acceptance. Any document format confirming inspection and acceptance can be used, provided it includes at a minimum the following elements:

i. Date of delivery/performance completion

ii. Date of acceptance, or for services the date that a performed service was determined to be in accordance with the order

iii. If delivery or service is rejected, the date the rejection occurred and a detailed description of why the delivery or performance was not consistent with the terms of the order

iv. Printed name, signature, and contact information (phone and email) of the individual responsible for inspection and acceptance.

3.7 Non-conforming deliveries or services.

Under normal circumstances, the government prefers to resolve performance issues or non-conforming deliveries by re-performance or return and replacement at no additional cost. Due to the emergency nature of the supplies and services sought under the EA BOA, this may not always be possible or preferred. Non-conforming deliveries or service performance will be addressed between the parties to the order--the authorized user and the participating contractor--if and when these issues occur and will be handled in accordance with FAR 52.212-4(e) - Disputes.

3.8 Invoicing and Payment.

Methods for submitting invoices, purchases with Government Purchase Cards, and payment instructions are likely to vary with each order and will be specified on each individual order.

Section 4 - BOA Terms and Conditions The following provisions and clauses apply to all orders placed under this BOA. Authorized users/ordering activities may add additional clauses, tailor existing BOA clauses below, and add provisions to their RES as required by their agency.

Unpriced Orders: GSA does NOT recommend the award of unpriced orders under this BOA. If an unpriced order is awarded IAW FAR 16.703-3(d)(3) (GSA Class Deviation RFO-2025-16), failure to reach agreement on price for such an order will be handled IAW FAR 52.212-4(e) “Disputes” per FAR 16.703-3(b)(5) (GSA Class Deviation RFO-2025-16).

AbilityOne: For requirements containing items found on the AbilityOne Procurement List (http://www.abilityone.gov), resultant RESs will include FAR clause 52.208-9 “Contractor Use of Mandatory Sources of Supply or Services” with a list of the applicable items.

FAR Provisions and Clauses Incorporated by Reference

FAR Provisions and Clauses Incorporated by Full Text 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)(Deviation)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025)(Deviation)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C.