Attachment 4-Business Rules 31Jan2014Final.pdf

January 31, 2014

Attachment 4

GSA Business Rules and Agreement for

FSSI OS3 IDIQ Contract Holders

All responsible Contractors submitting verification of a contract with acceptable items must be in good standing with the Government, offer items at fair and reasonable prices, and meet all eligibility requirements as part of their contractual agreement. Individual delivery/task orders will be placed via GSA Advantage!, DOD EMALL, Vendor website portal, fax, walk in stores or other means available in order provide the best value/lowest overall price alternative. OS3

Contract holders shall comply with the following GSA Business Rules or be subject to termination, quarantine, suspension/ or cancellation of their GSA FSSI contract at the discretion of the GSA Contracting Officer (CO). Monitoring will be conducted to assure compliance:

1.0 Requirements:

1.1 The Contractor must be actively registered in the System for Award Management (SAM) system, formerly known as Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA), and not suspended or debarred from doing business with the U.S. Government.

1.2 Contractors are responsible to notify GSA CO of any changes to their business or contract(s) as it pertains to their award.

1.3 Contractors will conduct business in a professional manner.

1.4 Contractors will respond to GSA questionnaires and inquiries when requested.

2.0 Customer Complaints:

2.1 All customer complaints will be evaluated by the GSA Contracting office and when corrective action is required, notice will be given to the Contractor. Notice may be via email or telephone. Contractors are subject to the following depending on the severity of the complaint. If a customer complaint is validated, the Contractor will receive a formal notice requiring corrective action and resolution.

2.2 A validated customer complaint will be maintained for a period of one (1) year.

3.0 Indecent Content:

3.1 GSA enforces a ZERO TOLERANCE policy for listing indecent content or related material on the GSA website. Indecent content or related material includes, but is not limited to, blatant or veiled displays of sexual content that produces sexual associations in people’s minds, is provocative and/or degrading, contains language or images that are sexually suggestive or provocative with respect to sexual activities, sexual process/methods, contains provocative titles or descriptions, etc., as determined by the GSA Contracting Office. Contractors will be subjected to suspension, cancellation and/or termination action for listing indecent content or related material on the GSA Advantage! The GSA Contracting office reserves the right to remove any item in a Contractor’s catalog if deemed inappropriate.

4.0 Office Supplies Catalog and Spreadsheets:

4.1 The Contractor’s catalog/spreadsheets are subject to removal if items other than those specifically authorized by the contract are added. Contractors are responsible to ensure that their catalog complies with the terms of the contract. Out of scope items are not authorized.

4.2 Contractors are responsible to ensure that their catalog/spreadsheet data contains accurate delivery Days After Receipt of Order (ARO) and terms or fees for Express shipments are clearly annotated, as well as restocking fees, if any.

4.3 Contractors shall not misrepresent products. Contractors shall guarantee the Original

Equipment as “New” unless noted otherwise.

4.4 Contractors must be an Authorized Distributor, Reseller, or Wholesaler for catalog items.

Contractors are required to provide documentation from the Original Equipment Manufacturer

(OEM) confirming this authorization. Purchase, Distribution and/or sale of Grey/Black Market items are not allowed.

4.5 Contractor’s catalog/spreadsheet will only list the part number in the Part Number data field.

Part numbers will not be hosted in the part name or description data field, UNLESS item is identified as “New” or “Remanufactured” for identification purposes only. For example, Toner/Ink products: items are “NEW” and service the form, fit and function of the OEM product.

“REMANUFACTURED” or “REFURBISHED” are not considered “NEW” products and should be clearly identified and marked for the consumer to avoid any misrepresentation.

Remanufacturing process should include the disassembly and cleaning of the shell and all components, refurbishment of parts where indicated and replacement of key components and damaged parts. The toner is tested, a new chip is installed, and it is bagged in a static controlled bag and protective box, prior to shipment as part of best commercial practice. The term “drill and fill” refers to toners that are just refilled with toner, resealed, and shipped with no replacement of any parts. If any reused or refurbished components are utilized, the items shall be considered as

“Remanufactured” and not “New”.

4.6 Manufacturer (OEM) listed is correct. Contractor shall ensure the “Product Description” is not misleading, and that the OEM part number is listed as the manufacturer being offered. For items that are remanufactured, the company who remanufactures the item is to be listed in the

OEM Name and the part numbers of the products should not be the same as the original product.

If a product is remanufactured, it needs to be identified as “remanufactured” or “refurbished” in the “Part Name” data element in the catalog.

Contractor’s catalog/spreadsheet will only list the product name in the “Accessory/Item Name” for the Product Name data field. Product Name field will not include part number or description.

The details of the nomenclature shall be sufficient and meets the definition of Level III data.

(Level III data is defined as the full description detail of the item being sold; quantity and unit of issue must match what was delivered and received by the customer as ordered.)

4.7 Contractor’s catalog/spreadsheet will only list the Product Description in the Description and

Long Description data fields. Contractors must provide a detailed Product Description. Long

Description shall not duplicate the Product Description. Part Number, Company Information, and

Associated Products will not be allowed in the catalog description fields.

4.8 “Unit of Issue” and “Quantity per unit of Issue” shall conform and be consistent with

Defense Logistics Agency (DLA) authorized codes which is the two character alphabetic code that denotes a physical measurement or count of an item. The current website is:

http://www.dtc.dla.mil/thf1/Help/UI.html

For unit of issue, “EACH” means a single unit of one. When the packaging is unclear or subject to interpretation, the parameters MUST be explained in the Description to fully demonstrate the offered quantity (i.e. 1 box = quantity of 12; dual pack = qty of 2 each; 1 carton = quantity of 1 each; or 6-pack as appropriate, etc)

4.9 Contractors will not list the same item more than once, unless the item is combined or packaged allowing for greater savings in lieu of a single price (e.g. 2-pak; combination set of related items, etc) to the Government.

4.10 Catalog/spreadsheet items submitted under a GSA FSSI OS3 contract, the items MUST be listed for purchase on GSA Advantage!

All item descriptions listed on GSA Advantage! and DoDEmall must adhere to the following format:

a) “New” or “Remanufactured” (if applicable)

b) Manufacturer Name

c) Yield (if applicable)

d) Description

a. Contractors may list "Compatible with OEM part number(s): HEWXXXX, etc" in section (d) only, as this would allow the customer to confirm that they are ordering a remanufactured toner that is a replacement for their OEM toner.

4.11 Contractors will utilize tailored Economic Price Adjustment procedures to request a price increase. Price Decreases are acceptable at any time. There will be no price increases allowed for a period of six (6) months after date of award to secure pricing.

4.12 Contractor’s catalog/spreadsheet must include UPC-A code as defined in SOW.

OS3 Delivery/Task Orders:

5.1 As best practice commercial procedures, all OS3 contract holders are expected to complete purchase orders in accordance with contractual terms and conditions. All OS3 Contract holders are expected at a minimum:

a. Contractors will notify the customer with an email confirmation of order shipment within one business day (8 hours) of the successful order being processed, after receipt of order

(ARO).

b. Contractors will notify the customer of a backorder via email within one business day.

The customer must have the option to cancel an order when the order cannot be filled within the quoted delivery time. In accordance with contract terms and conditions, Vendor may refuse any order below its minimum order quantity or above $1M, and must notify the purchaser of any cancellation, and prior to charging any additional fee. Larger order orders may be subject to additional discounts and should be noted on the invoice. The minimum order is $100.00 for

Office Supplies.

c. Contractors utilizing DoD Emall may not charge shipping and handling to DOD

EMALL orders. The prices shall be Freight On Board (FOB) destination only in accordance with

DoD Emall requirements. It is the responsibility of the Contractor to maintain compliance with

DoD Emall requirements, standards and guidelines.

d. A restocking fee shall not be charged on items that are shipped back to the supplier due to Contractor’s or supplier or shipping error.

e. Prices charged to the customer will be the same in the order from OS3 Contract holder’s price charge to the customer’s credit card unless a lower discount rate prevails.

f. Coordination and notification to the purchaser’s ordering office shall occur when less than 100% of the order can only be partially filled. The Government reserves the right to cancel orders which do not meet their delivery requirements.

g. No product substitutions are allowed unless specifically authorized in writing by the purchaser.

h. Items shipped must include a detailed invoice and packing slip with prices for tracking and identification purposes with the contract number, purchase/delivery/task order number.

6.0 Unsolicited Customer Contact:

6.1 Contractors shall not harvest GSA customer contact information.

6.2 Contractors shall not distribute customer contact information using any mass method of distribution without explicit prior written consent of individual users and GSA System

Management Office.

6.3 Contractors shall not unduly solicit, burden or harass GSA customers in pursuit of favoritism or unfair competitive advantage.

6.4 Contractors shall not sell any past, current or future GSA customer lists to any third party. An exception would be sharing to the Contractor’s internal authorized distributors at no cost.

6.5 Mass or Bulk emails must contain an option or means to “unsubscribe” to disengage from future mailings. Penalties for violating undue solicited customer contact and harvesting or distributing customer lists are as follows:

a. First incident of violation- vendor is directly contacted and reminded of the Business

Rules.

b. Second incident of violation- vendor is informed that their catalog/catalogs have been quarantined for a period of 3 months.

c. Third incident of violation- vendor is directly contacted and informed that their catalog/catalogs may be quarantined 6 months or longer to include permanently from GSA

Advantage and must show cause as reasons violations persist and continue.

NOTE: IF IT IS DETERMINED THAT ANY VENDOR IS CIRCUMVENTING THESE

RULES, THEIR CATALOG WILL BE QUARANTINED IMMEDIATELY.

6.6 It is the Contractor’s responsibility to upload/restore files after any quarantine or suspension period.

7.0 Identification of “Green” Products in OS3 CONTRACTs

Contractors shall provide, at no cost to the Government, monthly performance metrics and measurement reports on the 15 th of each month. These metrics and measures as they pertain to sustainability will gauge vendor OS3 performance and will evaluate areas that include data from the previous month.

GSA’s objective is to provide products with strong environmental attributes, but identification is contingent upon on accurate descriptions on GSA Advantage! and DoD Emall.

The Federal Government has implemented a series of Laws and Guidelines concerning buying green. Federal agencies are now required to advance sustainable acquisition by ensuring that 95 percent of new contract actions (meaning any oral or written action that results in the purchase, rent, or lease of supplies or equipment, services, or construction using appropriated dollars, including purchases below the micro-purchase threshold), for the supply of products and for the acquisition of services (including construction) require that the products are energy-efficient

(ENERGY STAR® or Federal Energy Management Program (FEMP)-designated), water-efficient, biobased, environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives), non-ozone depleting, or made with recovered materials.

(Executive Order 13514, November 2009)

Section 2 (h): Goals for Agencies. In implementing the policy set forth in section 1 of this order, and preparing and implementing the Strategic Sustainability Performance Plan called for in section 8 of this order, the head of each agency shall: advance sustainable acquisition to ensure that 95 percent of new contract actions including task and delivery orders, for products and services with the exception of acquisition of weapon systems, are energy-efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic

Product Environmental Assessment Tool (EPEAT) certified), non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products and services meet agency performance requirements;

Contractor is encouraged to visit the Green Procurement Compilation

(www.sftool.gov/greenprocurement) for an updated, comprehensive database of products covered by mandatory federal environmental programs.

Contractors are encouraged to offer products that have additional environmental attributes such as low or no toxic or hazardous constituents. Claims should be verifiable.

a. Vendor shall specify the energy or environmental attribute per the EPA, DOE or USDA environmental program.

b. GSA is looking to improve the green icon accuracy among its products. GSAM Clause

552.238-72 requires Vendors to accurately identify a product’s environmental attributes on GSA

Advantage!®, other ordering platforms and communication media. Always ensure that the correct environmental icon is listed. Vendor may need to do additional fact finding to confirm if your specific product meets the green requirements.

If a product possesses an environmental attribute, or is certified to an environmental standard or eco-label not recognized by the federal government, you should also include this information in the product description in addition to selecting a green icon.

http://www.sftool.gov/greenprocurement

c. Vendor shall identify the specific category and environmental attribute within the item description. This information is generally available from the manufacturer, and typically annotated on the product packaging. Minimum Biobased Content %, and Post -Consumer

Content %, are examples of information to be provided:

1) Minimum Bio-based Content (%)

2) Post-Consumer Content (%)

3) Total Recovered Materials Content (%)

4) Volatile Organic Compound (VOC) Grams per Liter

5) Energy Star qualified or EPEAT-registered

d. The above is not a complete list but identifies a sampling of classification details Vendors shall include in the product description.

As per a 4/16/13 VSC update:

GSA has a goal to increase the accuracy rate of the green icons used on GSAAdvantage!® to identify green products. To support this goal, GSA intends to change the Schedules Input

Program (SIP) so that only relevant green icon(s) are available for each product. For most items, this will entail limiting the icons in SIP from what is currently available. For some items, the

CPG has been erroneously unavailable and GSA will be adding it back as an option in SIP.

Contractors must have the capability to capture and provide Level III data at point of sale (sales data at line-item level) from its order processor (e.g., merchant bank). At a minimum, fields covering sustainability must include:

Remanufactured toner indicator (Y/N), Please note the following:

Design for the Environment (DfE) is listed on GSA’s green product compilation at www.sftool.gov/greenprocurement, but is not listed in SIP or on GSA Advantage. If an item retains this green icon, include it in the product description.

Additional considerations:

https://vsc.gsa.gov/ http://www.sftool.gov/greenprocurement

In order to promote a progressive ask for sustainability, FSSI OS3 will look beyond office supply product attributes and seek more sustainable ways of doing business.

Packaging:

Contractors are encouraged to provide products wherever possible in non-retail bulk packaging which contains less plastics, paperboard, and color ink; has more recycled content; uses less space and energy to distribute; and/or is easier for users to open and dispose of than traditional retail packaging. Any representations about these aspects of product packaging shall be accurate.

Sustainable packaging practices can improve the environment, reduce transportation and waste disposal costs, and increase customer convenience. When packaging orders for delivery, Contractors are encouraged to consider all of the above goals and specific materials and techniques such as:

Variable-size shipping cartons to reduce dunnage, Orders delivered in bags and/or returnable plastic crates rather than traditional shipping cartons, Recycled, biobased and compostable dunnage materials; and

Take-back and reuse/recycling of packaging materials, including pallets.

Shipping (EPA SmartWay Transport Partnership):

In support of Executive Order 13514 and other applicable statutes, regulations and Executive

Orders, and in recognition that harm to the environment, including from transportation-related greenhouse gas pollution, has quantifiable costs and negative impacts on the economy and federal agency operations, it is the Government’s intent to reduce as far as practicable the environmental impacts of transportation services provided under this contract. Contractors are encouraged to participate as Shipper Partners in the Environmental Protection Agency (EPA)

SmartWay Transport Partnership, a voluntary partnership between the Federal Government and the goods transportation industry, to improve the environmental performance of freight and small package transport by adopting fuel- and emission-reducing strategies. Contractors are also encouraged to contract with SmartWay Partners for transportation of goods sold under OS3.

Contractors are requested to submit the EPA SmartWay Partner status of contractor and its 10 largest transportation sub-contractors used to transport OS3 goods.

EPA Smartway is designed to improve fuel efficiency and reducing greenhouse gases and air pollution from the transportation supply chain industry (http://www.epa.gov/smartway/), see diagram below for partnerships available to vendors.

(http://www.epa.gov/smartway/partnership/index.htm) http://www.epa.gov/smartway/ http://www.epa.gov/smartway/partnership/index.htm

7.1 Reference Material can be found at the following locations:

a. http://www.epa.gov

b. http://www1.eere.energy.gov

c. http://www.epeat.net/

d. http://www.aqmd.gov

e. http://www.usda.gov/wps/portal/usda/usdahome

f. http://www.energystar.gov/

g. http://www1.eere.energy.gov/femp/procurement/eep_requirements.html

h. http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm

i. http://www.epa.gov/cpg/products.htm

j. http://www.biopreferred.gov

k. http://www.epa.gov/ozone/snap

l. http://sftool.gov/GreenProcurement

m. http://www.epa.gov/smartway/ http://www.epa.gov/ http://www1.eere.energy.gov/ http://www.epeat.net/ http://www.aqmd.gov/ http://www.usda.gov/wps/portal/usda/usdahome http://www.energystar.gov/ http://www1.eere.energy.gov/femp/procurement/eep_requirements.html http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm http://www.epa.gov/cpg/products.htm http://www.biopreferred.gov/ http://www.epa.gov/ozone/snap http://sftool.gov/GreenProcurement http://www.epa.gov/smartway/

8. Acknowledgement and Certification:

I have read and been informed about the content, requirements, performance and expectations of the Business Rules for OS3. I have received a copy and agree to abide by these guidelines as a contractual condition of any resultant contract under the OS3 solicitation. I understand that if I have questions, at any time, I may consult with the Contracting Officer.

I hereby acknowledge that the undersigned and all concerned parties represented by

__________________________________________ (insert Contractor’s name) understands the rules, guidelines and compliance responsibilities herein and will undertake to maintain compliance in good faith to the best of my knowledge and belief.

AUTHORIZED SIGNATURE(S):

TYPED NAME:

TITLE:

POINT OF CONTACT INFORMATION:

EMAIL:

PHONE: