SQ-QSDACCA-Z5-09-PAIL-SQ.doc

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

1 | 24

UNDER BDSA REG. 2 (

RATING

GSA, FAS, Southwest Supply Center Fire and Industrial Acquisition Branch (QSDACCA-Z5) 819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6114

DELIVERY – 30 DAYS ARO OR SOONER

(See Schedule)

BEVERLY ANDERSON

AREA CODE

NUMBER

574-2531 - VOICE

574-2615 - FAX

9. DESTINATION

To be shown on each order issued against this Standing Quote Agreement.

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

January 23, 2009 4:30 pm local time IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A. This is a Standing Quote for purchases for a 3-month period from date of award.

B. The requirements listed are estimates only and no guarantee is given as to the dollar amount to be purchased.

C. Award will be made in the aggregate by NSN (both locations). Award will be based on lowest price technically acceptable.

D. Inspection will be at Destination.

E. The Item Purchase Descriptions and Schedule of Items are shown on page 3-4.

F. Specifications may be found at http://assist.daps.dla.mil/quicksearch.

G. Required Clauses, applicable to all items in this Request for Quotation, is shown on pages 5 thru 23.

H. This is only a request for pricing. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP.

I. If responding to this Request for Quotation, complete and return the entire package. If you wish to “No Quote,” please indicate and return page 1 only.

12. DISCOUNT FOR PROMPT PAYMENT (

NOTE: Additional provisions and representations ( are ( are not attached.

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 Re. 6-95)

J. COMMITMENT LETTERS.

(a) Commitment Letter. If the offeror is not the manufacturing production and/or inspection point, please provide a letter of commitment from each manufacturing production and inspection point. The commitment letter must be a typed original on the supplier's letterhead, dated, and contain the following information:

1) Reference Solicitation number QSDACCA-Z5-09-PAIL-SQ

2) Identify which NSN and their corresponding brand name and part number that is being supplied.

3) The commitment letter must be signed by an officer of the company who is authorized to commit their company in this matter;

4) A statement of conformance to specification, standard or item purchase description;

5) Verification that all packaging, marking and palletization requirements will be met;

6) A statement of how long the commitment is valid;

7) A statement that the supplier will provide you the entire quantity and can meet the estimated peak monthly requirement within the delivery time required of 30 days ARO;

8) A statement as to the country of origin of the item;

9) The commitment letter must include an original signature on the supplier’s letterhead, title of the signee, a direct telephone number and e-mail address

K. IMPORTANT CHANGES – PLEASE READ CAREFULLY

NOTE: RFQ may be faxed to 817-574-2615 or emailed to beverly.anderson@gsa.gov. Preferable method is email.

NOTE: Please read Clause 552.211-74, Charge for Marking and 552.211-76, Charges for Packaging and Packing Clauses on page 12 and 13 of the RFQ as the marking charges have changed.

NOTE: Please read the Inspection at Destination on page 14 as the rates have changed

NOTE: The metal ring requirement has been deleted from spout paragraph NOTE: Lax palletization is allowed, FW kit stock only.

IPD dated 11/13/08

NSN 8115-00-01D-9216

PAIL AND LID, HOT FOOD & DRINK KIT: Shall be a pail and reusable lid with spout for food and beverage use. The Pail, Lid and Spout shall meet the following requirements.

Unit of Issue – EA (each)

Pail and lid. The pail shall be 5 gallons minimum in capacity, shall be composed of high-density polyethylene, 90 mil (minimum) thick, white in color, with metal bail. The lid shall be composed of high-density polyethylene, shall have a gasket, shall be reusable for multiple uses, and shall completely seal the pail when properly attached. The lid shall have a collapsible spout, as specified below, positioned near the edge. The pail with lid properly attached and spout collapsed shall not exceed 12-1/2 inches in outside diameter and 15-1/4 inches in outside overall height, not including bail. Note special marking below.

Spout. The spout shall be a collapsible type plastic spout with a reusable screw-on cap for food service use and shall be set into a 2-1/4 inch minimum diameter hole in the lid near the edge, the spout shall not be positioned at the center of the lid. The spout shall be supplied in the collapsed position not extending more than 1/2 inch above the flat portion of the lid into which it is set. The spout shall be firmly secured to the lid by a retaining ring and shall be protected by an easily removable plastic cover. When extended the spout shall protrude a minimum of 1-1/2 inch above the lid. The spout shall be supplied with the screw-on cap in place. The cap shall seal the spout, shall have one or more finger pulls to facilitate extension of the spout. The spout cap, the threads and the finger pulls shall be so configured and of sufficient strength to completely extend the spout when the finger pull(s) alone are used. The spout shall be a senior Rieke FlexSpout (with cap), as described, or equal.

The pail, lid and spout shall be manufactured and cleaned for food and beverage use.

PACKAGING/PACKING: The pails shall be stacked on pallet as described below and shall not exceed 10 pails in height. The lids, with spouts inserted, shall be packed in a close-fitting corrugated fiberboard box, minimum burst strength 200 psi (minimum edge crush strength 32 lb per inch width), and shall be in compliance with the Uniform Freight Classification and the National Motor Freight Classification.

SPECIAL MARKING OF PAILS: The pails shall be marked with Child Drowning Warning Labels in accordance with ASTM Standard F 1615, latest revision.

MARKING: Unit and intermediate packages shall include normal commercial marking. The shipping container shall be marked with the National Stock Number (NSN) and the requisition number in addition to any normal commercial markings present.

Palletization: The shipping containers shall be palletized on expendable wooden pallets, 2- or 4-way design, to facilitate handling, in accordance with normal commercial practice. The palletized load shall not exceed 2,500 pounds in weight, 63 inches in height, 56 inches in length, and 45 inches in width. The load shall be secured to the pallet by shrink wrapping or stretch wrapping, steel strapping, or nonmetallic strapping in such a manner to facilitate movement of the palletized loads. Less than half pallet loads need not be palletized.

Materials. All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

NSN 8115-00-01D-9216, Pail and Lid, Hot Food & Drink Kit

Unit of Issue: EA

Brand Name/Part No._________________________________

Country of Origin____________________________________

Delivery Days After Receipt of Order (DARO) ______________ Item

No.

Orders Est Peak

Monthly Req Estimated

3-mo Qty Unit of

Issue Unit

Price

9/28/99 Standing Quote (Revised 09/03/03)

REQUEST FOR QUOTATION # QSDACCA-Z5-09-PAIL-SQ DATED JANUARY 14, 2009

**COMPLETED PAGES 1-24 MUST BE RETURNED WITH YOUR OFFER (SF18)***

EMAIL ADDRESS: _____________________________________________________________

TAXPAYER IDENTIFICATION NUMBER (TIN): ______________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS): __________________________________

CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2008) 12.301(b)(3) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233‑1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment.

Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if -

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

The date on which the designated office receives payment from the Contractor;

The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 32.1110(a)(1) (a) Method of payment.

All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

Accept payment by check or some other mutually agreeable method of payment; or

Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

Making a correct payment;

Paying any prompt payment penalty due; and

Recovering any erroneously directed funds.

If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

52.204-4 PRINTING OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (Applicable)

52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

52.214-35

SUBMISSION OF OFFERS IN U.S. CURRENCY

52.222-3 CONVICT LABOR (Applicable above $2500)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (Applicable when 52.222-26 applies)

52.222-26 EQUAL OPPORTUNITY (Applicable)

52.222-35

AFFIRMATIVE ACTION FOR SPECIAL DISABLES AND VIETNAM ERA

VETERANS (Applicable at $10,000 and above)

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(Applicable above $10,000)

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND

VETERANS OF THE VIETNAM ERA (Applicable when 52.222-35 applies)

52.225-1

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM--SUPPLIES

(Was 52.225-3 and 52.225-7) (Applicable when greater than $2,500 but not exceeding $25,000)

52.225-3

BUY AMERICAN ACT—NORTH AMERICAN FREE TRADE AGREEMENT

--ISRAELI TRADE ACT—BALANCE OF PAYMENTS PROGRAM

(Was 52.225-21) (Applicable when value is between $25,000 and less than

$169,000)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (Was 52.225-11) (Applicable above $2500)

52.225-15 SANCTIONED EUROPEAN UNION COUNTRY END PRODUCTS (Was 52.225-

18)

52.233-3 PROTEST AFTER AWARD (Applicable)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Applicable)

552.211-77

PACKING LIST

552.211-82

NOTICE OF SHIPMENT

552.252-6

AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES (DEVIATION FAR

52.252-6) (Applicable)

Your standing quote may/can contain a notice advising the offerors that the IBR clauses are now accessible on-line . The address for the FAR is http://www.arnet.gov.far and the address for GSAM is http://www.arnet.gov/GSAM/gsam.html

PACKAGING AND MARKING

552.211-73

MARKING (FEB 1996)

General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-74

CHARGES FOR MARKING

The rate for marking is $150.00 for the first man-hour. Each additional hour is $70.00 with a minimum charge of 2 hours per incident.

552.211-75

PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.

552.211-76

CHARGES FOR PACKAGING AND PACKING

If supplies shipped to a GSA distribution center are not packaged and packed in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking, by contract or otherwise, and charge the Contractor therefore at the rate of $150.00 for the first man-hour. Each additional hour is $70.00 per hour with a minimum charge of 2 hours per incident. The Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

D-FSS-462

MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.

D-FSS-468

NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (MAY 2004) FSS A/L FC-01-3

Definitions:

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

“Non-Manufactured wood,” is also called solid wood and defined as wood packing other than that comprised wholly of wood-based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof.

IPPC Country: Countries of the European Union (EU) or any other country endorsing the International Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging Material in International Trade,” approved March 15, 2002. A listing of countries participating in the IPPC is found at http://www.aphis.usda.gov/ppq/swp/.

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

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

(d) For Department of Defense distribution facilities or freight consolidation points, all non-manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLA PROCLTR 02-17 (available at http://www.dla.mil/j-3/j-336/ProcLtrs/02-17.pdf), and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).

(e) Pallets and packing material shipped to FSS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLA PROCLTR 02-17, and MIL-STD-2073-1.

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

INSPECTION AND ACCEPTANCE

E-FSS-514

PRODUCTION AND INSPECTION POINT(S) (JUN 1990)

(a) Production Point. Offeror shall insert, in the appropriate spaces provided below, the names of the manufacturers of the items offered and the address and telephone number of the facility(ies) at which the items will be manufactured or produced.

Source Inspection Point. Offeror shall indicate, in the spaces provided below, the location(s) at which the supplies will be inspected or made available for inspection. If the addresses of the respective production and inspection points are identical, the offeror should insert "same" in the inspection point column.

PRODUCTION POINT—

INSPECTION POINT

ITEM

NAME OF

NAME, ADDRESS

(If other than

NO(S).

MANUFACTURER

(Including County), and Production Point)

TELEPHONE NUMBER

NOTE: If additional space is needed, the offeror may furnish the requested information by an attachment to the offer. If the offeror is not the manufacturer for this item please provide the DUNS number for your supplier. DUNS #_________________________________________

E-FSS-522

INSPECTION AT DESTINATION

(a) Inspection by the Government. It is anticipated that the supplies purchased under this contract will be inspected at destination by the Government to ensure conformance with technical requirements as specified herein.

(b) Responsibility for Rejected Supplies. If, after due notice of rejection, the Contractor fails to remove or provide instructions for the removal of rejected supplies pursuant to the Contracting Officer's instructions, the Contractor shall be liable for all costs incurred by the Government in taking such measures as are expedient to avoid unnecessary loss to the Contractor. In addition to any other remedies which may be available under this contract, the supplies may be stored for the Contractor's account or sold to the highest bidder on the open market and the proceeds applied against the accumulated storage and other costs, including the cost of the sale.

(b) Additional Costs for Inspection and Testing. When prior rejection makes reinspection or retesting necessary, the following charges are applicable. When inspection or testing is performed by or under the direction of GSA, charges will be at the rate of $62.06 per man-hour or fraction thereof if the inspection is at a GSA distribution center; $62.06 per man-hour or fraction thereof, plus travel costs incurred, if the inspection is at another location; and $62.06 per man-hour or fraction thereof for laboratory testing, except that when a testing facility other than a GSA laboratory performs all or part of the required tests, the Contractor shall be assessed the actual cost incurred by the Government as a result of testing at such facility. When inspection is performed by or under the direction of any agency other than GSA, the charges indicated above may be used, or the agency may assess the actual cost of performing the inspection and testing.

52.211-16

VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

The permissible variation shall be limited to:

0 percent increase on Direct Delivery Orders and 3 percent increase on deliveries to GSA depots.

0 percent decrease on Direct Delivery Orders and 3 percent decrease on deliveries to GSA depots.

This increase or decrease shall apply to the quantities specified in each order issued resulting from this request for quote

( NO VARIATION IN QUANTITY ALLOWED (Applicable when checked) 52.247-34

F.O.B. DESTINATION (NOV 1991)

The term "f.o.b. destination," as used in this clause, means—

Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

The Contractor shall—

Pack and mark the shipment to comply with contract specifications; or

In the absence of specifications, prepare the shipment in conformance with carrier requirements;

Prepare and distribute commercial bills of lading;

Deliver the shipment in good order and condition to the point of delivery specified in the contract;

Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

Furnish a delivery schedule and designate the mode of delivering carrier; and

Pay and bear all charges to the specified point of delivery.

F-FSS-230

DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)

(a) Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted by the Contractor for the delivery of supplies to a USPS facility (consignee).

(b) Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement, any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS. Other commercial services shall not be used, but this does not preclude the Contractor from making delivery by the use of the Contractor's own vehicles.

(c) Time of Delivery. Notwithstanding the required time for delivery to destination as may be specified elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days before the required delivery date, delivery shall be deemed to have been made timely.

F-FSS-200-A

DELIVERY—F.O.B. DESTINATION (JUN 1995)

Prices offered must cover delivery f.o.b. destination (FAR 52.247-34) to the GSA distribution centers and/or military depots as specified in the item listing. The facility addresses, telephone numbers to be used for scheduling, and times between which unscheduled small loads may be received at General Services Administration Distribution centers (depots) are listed in Clause F‑FSS‑300.

F-FSS-260-A

TIME OF DELIVERY (FEB 1986)

Delivery is required to be made at destination within 30 calendar days after receipt of order.

F-FSS-300

SCHEDULING OF DELIVERIES TO GSA FACILITIES (FEB 2005)

(a) General: This clause sets forth the scheduling requirements regarding deliveries to the General Services Administration (GSA) facilities listed below. When the advance scheduling of delivery time is required or desired, the Contractor is advised that there may be an interval of up to 5 workdays between the time the consignee is contacted for a delivery date and the date the consignee is able to receive the shipment. Consequently, to allow for the establishment of a delivery date and the time that is agreeable to both the consignee and the carrier, the carrier should be urged to communicate with the consignee as soon as practicable after it is known when the shipment will be available for pickup. For all Distribution Center shipments and in the interest of effective and efficient deliveries, information such as National Stock Numbers (NSN), Delivery/Purchase Order numbers, quantity of cartons/pallets, and Uniform Product Codes are required when pre-scheduling deliveries. Deliveries are not accepted on weekends or Federal holidays (except when scheduled in advance during national emergencies). All times specified in this clause are local times.

(b) Eastern Distribution Center:

(1) Large-Load Shipments: For the purpose of this clause, a shipment consisting of ten or more palletized unit loads, or, if the supplies are not palletized, a shipment weighing 10,000 pounds or more, or measuring 500 cubic feet or more, when transported by a single conveyance, is regarded as a "large-load" shipment. The Contractor is required to notify the carrier on the bill of lading that a scheduled unloading date and time, during normal business hours, must be obtained by the consignee prior to the delivery of a "large-load" shipment.

(3) Small-Load Shipments: For the purpose of this clause, a shipment consisting of less than ten palletized unit loads, or if the supplies are not palletized, a shipment weighing less than 10,000 pounds and measuring less than 500 cubic feet, when transported by a single conveyance, is regarded as a "small-load" shipment. The delivery of a "small-load" shipment need not be scheduled in advance of arrival at the facility. However, the consignee may refuse to accept delivery if the truck arrives later in the afternoon than the time specified below for the receipt of unscheduled small loads. The carrier should and is encouraged to communicate with the GSA facility (consignee) regarding all impending deliveries.

(c) Western Distribution Center: Carrier appointments are required to facilitate GSA clearance of the arriving carriers through site Defense Logistics Agency (DLA) security. The Contractor is required to notify the carrier on the bill of lading that a scheduled unloading date and time must be obtained from the consignee prior to delivery.

(d) Facility Addresses:

Scheduling

Facility Address

Telephone No.

Normal Business Hours

F3

Expanco, Inc., GSA Fire Supply Center 817-293-9486

7:00 AM– 3:00 PM CST

3005 Wichita Ct.

FORT WORTH, TX 76140

N3/N4

GSA Eastern Distribution Center

(609) 499-7025

7:30 AM- 3:00 PM EST

1900 River Road

BURLINGTON, NJ 08016

S3

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Sharpe Army Depot, Bldg 330 700 E. Roth Road

FRENCH CAMP, CA 95231

S4

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Sharpe Army Depot, Bldg 330, Door 186

(HAZMAT)

700 E. Roth Road

FRENCH CAMP, CA 95231

S1

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Bldg. 386 (Fire Items) 700 E. Roth Road French Camp, CA 95231 552.247-71

DIVERSION OF SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS (MAR 2000)

Notwithstanding paragraph (c) of the clause in this contract titled 52.212-4, Contract Terms and Conditions—Commercial Items, the Government has the unilateral right to make changes at any time within the general scope of this contract in either the:

Method of shipment or packing.