RFQ QSDACEA-R5-08-5381-SQ.doc

QSDACEA-R5-08-5381-SQ HEAT PROTECTIVE GLOVES

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

1 | 28

UNDER BDSA REG. 2 (

RATING

QSDACEA-R5-08-5381-SQ

GSA, FAS, Southwest Supply Center

MWR & Security Acquisition Branch (QSDACEA/R5 Ruth Orth)

819 Taylor Street, Rm. 6A00, Fort Worth, TX 76102 45 Days ARO or Better

NAME

Ruth Orth, Contract Specialist

TELEPHONE NUMBER/EMAIL

ruth.orth@gsa.gov

( FOB DESTINATION ( OTHER

TO BE SHOWN ON EACH ORDER ISSUED AGAINST THE STANDING QUOTE AGREEMENT

AREA CODE

NUMBER

574-2576 Voice

574-2615 Fax

9. DESTINATION

CONUS (to be shown on each order issued against this Standing Quote Agreement)

(See Schedule)

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP

d. STATE

e. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date) Monday, April 28, 2008

By 4:00 PM (Eastern 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)

THIS REQUEST FOR QUOTATION, IF ACCEPTED BY THE GOVERNMENT, WILL RESULT IN A STANDING QUOTE AGREEMENT (SQA) BEING ESTABLISHED.

A.

This is a Standing Quote Agreement (SQA) for purchases for a 3 year and 8 month period, from Date of Award through 3 years and 8 months. The total value of the SQA will not exceed $100,000, with annual reviews. This SQA may be cancelled at any time by either party with a 30 day advanced notice.

B.

The requirements listed are estimates only and NO GUARANTEE is given as to the dollar amount to be purchased.

C. Method of Award: Award will be made item by item (per NSN) based on the lowest priced, technically acceptable offer.

D. Inspection will be at destination.

E. The Item Purchase Description (IPD) and the Schedule of Items are shown on pages 2 through 5.

F. Required clauses, applicable to all items in the Request for Quotation, are shown on pages 5 through 28.

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

I. If you are able to offer a better delivery time than the one listed in block 6, insert your delivery terms here: ______________ARO.

J. NOTE: The Government’s minimum order requirement is 1 each. Identifying a larger requirement will make your quote non-responsive. You are likely to receive orders for 1 each. Continued on page 2.

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

c. COUNTY

AREA CODE

SCHEDULE OF ITEMS

K. FAR 52.212-1 is incorporated by reference.

L. FOB is Destination M. The Item Purchase Description (IPD) for National Stock Number (NSN) 8415-01-497-5381 can be found on pages 4 through 5.

N. When responding to this RFQ, you may submit the entire document via fax or mail. The full document must be received by the closing date and time. The following address can be used to submit your offer:

GSA Southwest Supply Center

MWR and Security Acquisition Branch

Attn: Ruth Orth (QSDACEA-R5)

819 Taylor Street, Rm. 6A00

Fort Worth, TX 76102

O. The following is how you can obtain specifications:

FED Specs – GSA Federal Supply Service Specifications Section, Ste. 8100, 470 E. L’Enfant Plaza, SW, Washington, DC 20407 [Telephone 202-619-8925, Fax 202-619-8978] http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the “Document ID” field and hit submit. You do not need a password.

MIL Specs – Department of Defense Single Stock Point (DoDSSP), Bldg. 4, Section D, 700 Robbins Ave., Philadelphia, PA 19111-5094 [Telephone 215-697-2667/2179, Fax 215-697-1462] Web Site www.dsp.dla.mil Click on “Online Specs” or http://assist.daps.dla.mil.online/start/ Click on “Quick Search” (left side of screen). Type the document in the “Document ID” field and hit submit. You do not need a password.

ANSI Standards – American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 [Telephone 212-642-4900]

ASTM – American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 [Telephone 610-832-9585, Fax 610-832-9555] Web Site: www.astm.org, email: service@astm.org. (ASTM does charge for their services.)

Recycled Material – Two sites for information related to the Comprehensive Procurement Guidelines and Recovered Materials Advisory Notices: www.epa.gov/cpg.

Commercial Item Descriptions – http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). You do not need a password.

P. Evaluation Factors: Award will be made item by item (per NSN) based on the lowest priced, technically acceptable offer.

(1) Lowest Evaluated Price: Pricing will be evaluated based on the total price submitted in the block titled “Total Standing Quote Price” in the schedule of items on page 3.

(2) Technical Acceptability: Technical acceptability is defined as the offered item meeting or exceeding the Government’s requirements listed in the IPD found on pages 4 through 5 and compliance with the required delivery schedule.

Q. DELIVERY TIME. Delivery is required within 45 days after receipt of order to the destination. State here if you would like to offer a better delivery time than required: _________________

DELIVERY IS TO ANY LOCATION WITHIN THE CONTINENTAL UNITED STATES (CONUS).

R. Supplemental Documentation Required

1. Sample – A sample of the product you are offering may be requested, if necessary. Please have a sample available for overnight delivery if needed for evaluation purposes.

2. List of Exceptions – If exceptions are being taken to any characteristic listed in the attached IPD or requirements listed in this solicitation, a full explanation of the exception must accompany the response of this request for quotation.

3. Technical Description – Provide a technical description/literature or specification sheet for the item(s) being offered. (Must be submitted with offer)

4. Commitment Letter(s) – Please provide a letter of commitment from you and your supplier. The commitment letter must be a typed original on the supplier’s letterhead, dated, and have as a minimum, the following:

1) Reference the Solicitation number QSDACEA-R5-08-5381-SQ

2) Identify the NSN and its 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 and item purchase description dated 10/23/07.

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

6) A statement the supplier will provide you the entire Estimated Total Quantity and can meet the delivery time required of 45 days ARO.

7) A statement as to the country of origin of the item.

8) The letter may be faxed to GSA at the number listed on page 1, box 5b, of this RFQ.

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.

** Failure to provide any of the requested information or documents may cause your offer to not be considered for award.

S. IAW FAR 52.214.7 (a) (b)

(a) Offerors are responsible for submitting offers, so as to reach the Government office designated in the

RFQ by the time specified. (Block 10).

(b) If offer is received later than the exact time specified in block 10 of the RFQ, it will be considered “late” and will not be accepted.

T. Award may be made without discussions. FAR 15-306 (a) (3)

STANDING QUOTE:

COUNTRY OF ORIGIN (country in which item is manufactured): _________________

DELIVERY FOB DESTINATION BY: _________ARO

GLOVE, HEAT PROTECTIVE (Small):

NAICS

: 315992 (SIZE STD 500)

Item

No.

Destination

ORDERS

3.67-Yrs

(3yrs 8 mo) Estimated

QUANTITY

3.67-Yrs

(3yrs 8 mo)

NSN: 8415-01-497-5381,

Glove, Heat Protective Small, IPD Attached

NOTE: Award will be FOB DESTINATION. ALL PURCHASE ORDERS ARE DIRECT DELIVERY SHIPMENTS TO VARIOUS END USERS THROUGHOUT THE CONTINENTAL UNITED STATES (CONUS).

Request for Quotation # QSDACEA-R5-08-5381-SQ 4/24/2008

· Taxpayer Identification Number (TIN): _______________________

· Data Universal Numbering System (DUNS): ___________________

· Point of Contact: __________________

Phone Number: ________________

Fax: _________________________

E-Mail Address: ________________________

· Supplier’s Name*: ________________________________

Point of Contact*: ______________________________

Supplier’s DUNS*: ______________________________

Supplier’s TIN*: ________________________________

(* Please complete the Supplier’s name, TIN and DUNS number for each NSN if different.)(Note: “Supplier” refers to the company providing you the product, if you are not the manufacturer.)

ITEM PURCHASE DESCRIPTON

NSN 8415-01-497-5381 (Dated 10/23/07)

GLOVES, HEAT PROTECTIVE: Shall be full-fingered heat resistant gloves intended for use by mechanics; stretch knit back; padded knuckles; double-layered synthetic leather palm; elastic cuff with hook and loop closure; black; size small.

Unit of issue shall be PR (one mated pair of gloves to a package).

Image is representational and intended only as a guide.

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this purchase description, conform to the producer’s own drawings, specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The government reserves the right to require proof of such conformance.

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier. In the event a pallet or skid is used for shipping, the following notice shall apply:

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines are found at http://www.aphis.usda.gov/ppq/swp/. Clause D-FSS-468 requires non-manufactured wood pallets and other non-manufactured wood packaging material used in shipments destined to IPPC compliant countries require the appropriate wood treatment. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

END OF ITEM PURCHASE DESCRIPTION

52.212-4

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB2007)

(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 post acceptance 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 (31U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide 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 (41U.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.

(i) Payment.

(1) 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, see52.212-5(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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18U.S.C. 431relating to officials not to benefit; 40U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41U.S.C. 51-58, Anti-Kickback Act of 1986;41 U.S.C. 265 and 10U.S.C. 2409 relating to whistleblower protections;49U.S.C. 40118, Fly American; and 41U.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.

(i)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.

(ii)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 Subpart32.8, 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.govor by calling1-888-227-2423 or 269-961-5757.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEP 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995)

52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999)

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

[Reserved]

(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003)

(ii) Alternate I (OCT 1995)

(iii) Alternate II (MAR 2004)

(6)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003)

(ii) Alternate I (OCT 1995)

(iii) Alternate II (MAR 2004)

(7) 52.219-8, Utilization of Small Business Concerns (MAY 2004)

(8)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2007)

(ii) Alternate I (OCT 2001)

(iii) Alternate II (OCT 2001)

(9) 52.219-14, Limitations on Subcontracting (DEC 1996)

(10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999)

(11)

(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005)

(ii) Alternate I (JUN 2003)

(12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (OCT 1999)

(13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (OCT 2000)

(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(15) 52.219-28, Post Award Small Business Program Rerepresentation (JUN 2007)

__X___ (16) 52.222-3, Convict Labor (JUN 2003)

(17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (AUG 2007

(18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999)

(19) 52.222-26, Equal Opportunity (MAR 2007)

(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

(21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998)

(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(24)

(i) 52.222-50, Combating Trafficking in Persons (AUG 2007)

(ii) Alternate I (AUG 2007)

(25)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000)

(ii) Alternate I (AUG 2000) .

(26) 52.225-1, Buy American Act—Supplies (JUN 2003)

__X ___ (27)

(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (AUG 2007)

(ii) Alternate I (JAN 2004)

(iii) Alternate II (JAN 2004)

(28) 52.225-5, Trade Agreements (AUG 2007)

(29) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006)

(30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (AUG 2006)

(31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (AUG 2006)

(32) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)

(33) 52.232-30, Installment Payments for Commercial Items (OCT 1995)

(34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003)

(35) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999)

(36) 52.232-36, Payment by Third Party (MAY 1999)

(37) 52.239-1, Privacy or Security Safeguards (AUG 1996)

(38)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

52.222-41, Service Contract Act of 1965, as Amended (JUL 2005)

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989)

52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (NOV 2006)

52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (FEB 2002)

52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

CLAUSES--ADDENDA

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 52.107(b) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http:www.arnet.gov/far/.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

52.204-4

PRINTING OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35

SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

552.252-6

AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES (SEP 1999) (DEVIATION

FAR 52.252-6)

52.204-6

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.222-38

COMPLIANCE WITH VETERAN’S EMPLOYMENT REPORTING REQUIREMENTS (DEC 2001)

The IBR clauses (clauses incorporated by reference) 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.

552.211-75

PRESERVATION, PACKAGING, AND PACKING (FEB 1996)(ALTERNATE I-MAY 2003)

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.

D-FSS-456

PACKAGING AND PACKING (APR 1984)

(a) Packaging. Shall be in accordance with accepted commercial practice.

(b) Packing. Shall be packed to ensure carrier acceptance and safe delivery to the destination in containers complying with rules and regulations applicable to the mode of transportation.

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/.

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.

E-FSS-522

INSPECTION AT DESTINATION (MAR 1996)

(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.

(c) 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 $22.00 per man-hour or fraction thereof if the inspection is at a GSA distribution center; $26.00 per man-hour or fraction thereof, plus travel costs incurred, if the inspection is at another location; and $26.00 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.

Deliveries or Performance

52.211-16 VARIATION IN QUANTITY (APR 1984) 11.703(a) (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 (other than GSA depots).

0 percent decrease on Direct Delivery Orders (other than GSA depots).

This increase or decrease shall apply to the quantities specified in each order issued under any contract resulting from this solicitation.

52.247-34 F.O.B. DESTINATION (NOV 1991)

47.303-6 (a) The term "f.o.b. destination," as used in this clause, means—

(1) 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;

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

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

TIME OF DELIVERY

Delivery is required to be made at destination within 45 calendar days after receipt of order.

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.

Contract Administration Data

G-FSS-900-A

CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

Offerors are required to designate a person to be contacted for prompt contract administration.

NAME

TITLE

ADDRESS

ZIP CODE

TELEPHONE NO. (_______)

FAX NO.

G-FSS-908

PLACEMENT OF ORDERS IF CONTRACTOR FAILS TO PERFORM (JUN 1996)

(a) Timely delivery in accordance with the terms and conditions of this contract is essential to the accomplishment of the mission of the General Services Administration and the agencies it supports.

(b) GSA may defer the placement of delivery orders against this contract at any time when GSA determines, at its sole discretion, that the Contractor has either failed to make progress or becomes delinquent on delivery order(s) which have been issued against the contract. The period of deferment shall last until such time as the Government is satisfied that the Contractor is capable of making timely delivery.

(c) During the period of deferment of placement of delivery orders, the Government may procure its requirements from a source other than the Contractor.

(d) The Procuring Contracting Officer (PCO) shall notify the Contractor either orally (confirmed in writing) or in writing of any decision to defer placement of delivery orders pursuant to this clause.

(e) Any action initiated by the government to acquire contract items from alternate sources pursuant to this clause may continue to completion notwithstanding the fact that the Contractor may no longer be delinquent at the time the procurement transaction with an alternate source is completed.

(f) The Contractor will NOT be held liable for excess costs on those quantities procured elsewhere as a result of the Contractor's failure to perform. However, all in-house orders are subject to all terms including delivery requirements and termination for cause/excess cost provisions. Contractor's prices shall remain the same throughout the term of the contract notwithstanding the fact that some orders may be placed with alternate sources.

(g) The rights and remedies of the Government in this clause are in addition to other rights and remedies provided by law or under this contract.

G-FSS-914-B

CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (SEP 1996)

Payment by electronic funds transfer (EFT) is the Government’s preferred method of payment.