FBO_Solicitation.pdf

QSDJAB-JV-15-0036

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General Services Administration Global Supply Northeast Supply Operations Center RFQ Number: QSDJAB-JV-15-0036 Term Contract #:

Once executed, this document constitutes an Open Market Term Contract.

All terms and conditions of this contract are incorporated herein. Additional terms, conditions and Federal Acquisition Regulation (FAR) clauses have been specified within this document.

The parties hereby agree to the terms and conditions of this contract as specified below:

Name and Representative Date Daniel Trimboli, Contracting Officer Date Signature General Services Administration

Global Supply Program Northeast Supply Operations Center

U.S. General Services Administration Jacob K. Davits Federal Building 26 Federal Plaza, Room 19-100 New York, NY 10278 www.gsa.gov http://www.gsa.gov/

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1. Introduction

Open Market Solicitation number # QSDJAB-JV-15-0036 will result in one award to a commercial vendor for Samsung Toner Cartridges. This solicitation is being set aside for small businesses. Only vendors that are considered to be small business concerns will be solicited and may be considered for award. The awarded vendor will receive various notices to deliver throughout the year as supplies are needed for direct delivery to GSA customers within the Continental United States or CONUS, as well as for direct delivery to GSA customers outside the Continental United States or OCONUS. All annual requirements are estimated and are not guaranteed.

1.1 Points of Contact for GSA:

Jocelyn Vazquez Daniel Trimboli Contract Specialist Contracting Officer General Services Administration General Services Administration Global Supply Program Global Supply Program

NSOC NSOC

Phone: 212-264-5742 Phone: 212-577-8614 Email: jocelyn.vazquez@gsa.gov Email: daniel.trimboli@gsa.gov

2. Ongoing Delivery Schedule

2.1 The ongoing delivery schedule of this Term Contract is one (1) year from the date of award. The total ongoing delivery schedule shall not exceed twenty four (12) months.

3. Evaluation Factors:

Evaluation will be price, quality of the product, and compliance with solicitation requirements as outlined in the IPD. A responsibility determination will be conducted to include review of past performance including FAPIIS, SAM, and EPLS. Award will be based on fair and reasonable determination using the evaluation criteria of lowest price technically acceptable on an all or none basis". Price is considered to be the most important factor. Delivery time expected is 7 days ARO (after receipt of order) to various direct delivery locations within the continental United States and 7 days to Puerto Rico, Hawaii and Alaska

3.1 Price Evaluation

The government will evaluate quotes received based on a best value determination. Award will be based on fair and reasonable determination using the evaluation criteria of lowest price technically acceptable on a line by line basis. Upon receipt of all offers, the government will sort offers based on total price per line item and an award will be made to the offer with the lowest price and technically acceptable. No further offers will be evaluated when we determine our best value determination. If the lowest price is deemed not technically accepted, then the government will evaluate the second lowest price, and so forth for each line item. The Government does not anticipate entering into discussions. Adequate price competition is anticipated in response to this solicitation. Non-certified cost and/or pricing data may be requested for this evaluation but is not required. In the event that there is only one quote received, other than certified cost and pricing data maybe requested.

mailto:Email:%20jocelyn.vazquez@gsa.gov mailto:Email:%20daniel.trimboli@gsa.gov

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3.2 Past Performance Evaluation

Past performance will be determined through a review of the System for Award Management. (SAM.gov) as well at the Federal Awardee Performance and Integrity Information System. (FAPIIS.gov) Reports will be retrieved by each Quoter's DUNS.

Assessment reports covering the previous 3 years from the RFQ closing date, with NAICS code 424120, will be evaluated. The following PPIRS rated categories will be reviewed:

-Quality of Product -Delivery Schedule -Cost Control -Business Relations

If it is determined through the review of the SAM.gov and FAPIIS.gov assessment reports that a quoter has more than two poor and/or unsatisfactory ratings in any of the above mentioned categories within the past 3 years from RFQ closing date, the quoter will be determined non-responsive and the quote, in its entirety, will be removed from evaluation.

In circumstances where a quoter does not have any SAM.gov or FAPIIS.gov assessment reports, they will be deemed neutral as opposed to responsive or non-responsive.

Please note that the Government reserves the right to review vendor past performance through additional methods such as ACO Report Cards, Surveys, FSSOnline reports, if necessary.

3.3 Technical Capability

Items proposed for award will be reviewed against the Item Purchase Description (IPD) by GSA Region 2 Technical Services Division.

The following rating criteria will be considered to determine technical capability:

Acceptable: The quoter meets and/or exceeds delivery schedule. (7 days ARO) The quoter has demonstrated the ability to satisfactorily perform the requirements and specifications described in this solicitation, including the ability to meet the Individual Purchase Description for each product.

Unacceptable: The quoter does not meet and/ or exceed the delivery schedule. (7 days ARO) The quote provided fails to demonstrate a satisfactory understanding of the requirements and specifications described in this solicitation in one or more areas. A low level of vendor capability would cause significant concern that there would be a high risk of nonperformance or backorders associated with the vendor’s performance and therefore may result in an unacceptable technical rating.

4. Ordering Procedures Notices to Deliver against this order may be placed by one or more of the following methods:

-Orders will be placed based on customer requirements.

4.1 Ordering Limitations

The following ordering limitations are applicable to this contract:

http://sam.gov/ http://fapiis.gov/ http://sam.gov/ http://fapiis.gov/ http://sam.gov/ http://fapiis.gov/

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Limitation Value

Maximum Order Limitation:

Insert value here Minimum Order Limitation: The contractor is not obligated to honor any single order below this listed value

$25

4.2 Option for Increased Quantity -- Separately Priced Line Item (March 1989)

The Contracting Officer may exercise the option by written notice to the Contractor within 7 Days of the exercise of the option. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

4.3 Order Status and Delivery

GSA must have an established integrated process to enhance customer service, measure performance, and have visibility across supply chain activities. Vendor must provide proof of delivery, order tracking information and delivery confirmation status (shipping, tracking and returns) for multiple carriers via secure internet environment (HTML, XML). This would include seamless access to shipping functionality, from the time of order entry to time of delivery with integration into EDI. At a minimum, this must include translation of event data from shippers, event monitoring (with expected and actual transit times), and alert notification.

4.4 Order Items and Pricing

The firm-fixed prices are not subject to modification during the 12 months of ongoing delivery.

Unless otherwise specified, all deliveries are to be made FOB destination within 7 days after the receipt of order (ARO).

5. Delivery:

FOB Destination Destination: CONUS & OCONUS for All Part Numbers

5.1 Free on Board (F.O.B.):

All orders to be delivered to the Continental United States (CONUS), Alaska, Hawaii, Puerto Rico, and U.S. Territories will be shipped F.O.B. Destination in accordance with FAR Clause 52.247-34 F.O.B. Destination (Nov 2001).

5.2 Delivery Schedule and Transportation

5.2.1 Continental United States (CONUS): Delivery time required is 7 Business Days after Receipt of Order (ARO).

5.2.2 Outside of the Continental United States (OCONUS): Delivery time required to GSA consolidation/packing location is 7 Business Days after Receipt of Order (ARO).

5.2.3 Alaska, Hawaii, Puerto Rico and U.S. Territories: Delivery required to receiving office shall be made no later than 10 Business Days after Receipt of Order (ARO) for AK, HI, PR and US TERRITORIES

5.2.4 Overseas Shipments & Export Consideration (OCONUS): Orders for overseas activities will be mailed to an APO/FPO address or shipped to a designated state-side location identified on the notices to deliver. Items ordered by Government customers from overseas locations are often routed through military freight processing centers and transportation channels. Special procedures relate to the recognition, packing, labeling, marking, and

5 | P a g e routing of such shipments. The vendor will be expected to book shipments in DOD’s air clearance and surface manifesting systems (GSA will arrange training as necessary).

Personnel performing these tasks must undergo a National Agency Check with Inquiries (NACI) investigation. Until necessary training can be provided, GSA intends that initially all non-mailable orders for overseas shipment will be routed through a GSA Distribution Center for export marking, packaging and shipment to a military f reight processing center. This will be “phased out” once the vendor is able to export directly into the Defense Transportation System once training and adequate transition time has been provided. Vendors shall ship directly to an overseas address if a Government customer has a World Wide Express account number. For export orders over 800 cubic feet or 10,000 pounds the vendor will contact the designated GSA POC to be identified after award to arrange seavan booking. Packaging for shipments to overseas locations (i.e. where final consignee is non-CONUS) must be suitable for export shipping without requiring additional preservation, or packing/packaging.

5.2.5 Charges for Packaging, Packing and Marking (GSAM 552.211-76) The rate provided for in paragraph (b) of 48 CRF 552.211-73, Marking, is $150.00 per man-hour or fraction thereof for the first man-hour, $70 per man-hour or fraction thereof for the second man-hour and after with a minimum of 2 man-hours.

5.3 Electronic Data Interchange (EDI) Requirements

SYSTEM INTERFACE AND INTEGRATION

Contractors must be able to conduct business utilizing a standardized electronic method. All transactions will be submitted to and received by the prime Contractor ONLY. Under the

Delivery Orders, GSA will not conduct electronic transactions with the prime Contractor’s subcontractors or dealers. All electronic communications between GSA and awarded

Contractors will be through the GSA Electronic Data Interchange (EDI) Gateway or a GSA provided third party service provider.

Due to the potentially large volume of delivery orders, GSA's preferred method of communications is EDI. If a non-EDI method is agreed upon, GSA will revisit the communications agreement periodically and reserves the right to partially or comprehensively implement EDI transactions within 6 months of notification.

The following information is provided to assist Vendors who plan to communicate with GSA via

EDI.

5.3.1 Electronic Communications with GSA

GSA will on-board the awarded Contractors directly to the GSA EDI Gateway or a GSA provided third party service provider using the standards of EDI business documents detailed in

Sections 5.5.1 and 5.5.2 below. GSA personnel will coordinate the on-boarding activities with the contractor.

5.3.2 Government to Business Communications

GSA communicates using American National Standards Institute (ANSI) X12 transaction sets as follows: (details are available at http://vsc.gsa.gov/ediuser.eddven.cfm)

810 Invoice

855 Purchase Order Acknowledgement

856 Advance Shipment Notice http://vsc.gsa.gov/ediuser.eddven.cfm

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865 Purchase Order Change Acknowledgement (not an initial requirement, but may be phased in at a later date)

997 Functional Acknowledgement

214 Transportation Carrier Shipment Status Message (not an initial requirement, but may be phased in at a later date)

846 Inventory Inquiry/Advice (not an initial requirement, but may be phased in at a later date)

850 Purchase Order

860 Purchase Order Cancellation

GSA purchase orders are transmitted hourly to the Contractor. The Contractor is required, at a minimum, to acknowledge all purchase orders within 24 hours of receipt.

5.3.2.1 Government to Business Transactions Using EDI

This section provides additional details regarding government-to-business transactions using

Purchase Order, Electronic Data Interchange (EDI) 850. GSA will submit purchase orders to contractors via the GSA EDI Gateway utilizing Electronic Data Interchange (EDI).

The EDI Purchase Orders generated by GSA utilize the EDI 850 transaction set and use, at a minimum, version 3010. EDI 850 transaction sets are transmitted hourly, seven days a week, providing the data needed to identify, process, and track all orders.

Purchase Order Cancellation, EDI 860. An EDI 860 Cancellation transaction set cancels a customer order in its entirety or for the full quantity of a line item. GSA receives a cancellation status if the cancellation was successful or a shipment status if the cancellation was unsuccessful. An EDI 860 Change Request (Buyer-Initiated) transaction set initiates an overage shipment transaction (the customer desires to retain and pay for the extra items received) and provides the data necessary to generate an invoice that GSA can process. The contractor is required to provide a status, using the Ship Notice/Manifest, EDI 856, or Purchase Order

Acknowledgement, EDI 855 detailed below, within 24 hours after a Purchase Order Cancellation or Purchase Order Change Request (Buyer Initiated) was received.

5.3.3 Business to Government Communications

The Contractor shall communicate with GSA to:

acknowledge receipt of a purchase order;

acknowledge receipt of a purchase order change;

provide purchase order status including, but not limited to, cancelled, backorder, and shipped;

invoice for orders fulfilled;

correct erroneous information provided to GSA on the disposition of a purchase order;

provide shipment information including tracking number provide delivery information including, but not limited to date of delivery and order signatory (not an initial requirement, but may be phased in at a later date); and provide inventory information (not an initial requirement, but may be phased in at a later date)

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Data exchange between the awarded Contractor and the GSA EDI Gateway shall occur via EDI or XML only.

The Contractor shall communicate information back to GSA using American National Standards

Institute (ANSI) X12 transaction sets as follows: (details are available at https://vsc.gsa.gov/EDIUser/eddven.cfm)

810 Invoice;

855 Purchase Order Acknowledgement;

856 Advance Shipment Notice;

865 Purchase Order Change Acknowledgment (not an initial requirement, but may be phased in at a later date);

997 Functional Acknowledgement;

214 Transportation Carrier Shipment Status Message (not an initial requirement, but may be phased in at a later date); and

846 Inventory Inquiry/Advice (not an initial requirement, but may be phased in at a later date)

850 Purchase Order

860 Purchase Order Cancellation

The Contractor is required to work with GSA to understand and adhere to GSA business rules and requirements as they relate to:

processing of backorders;

purchase order acknowledgements;

shipment information;

delivery information;

delivery documentation;

accuracy of data provided to GSA;

contractor cancellations;

customer cancellations;

interpretation of GSA data in order to meet GSA shipping documentation guidelines; and processing of emergency purchase orders

5.3.4 Business to Government Using EDI

This section provides additional details regarding business-to-government transactions using

Functional Acknowledgement Transaction, EDI 997. The contractor is required to transmit a

Functional Acknowledgement Transaction, EDI 997, to GSA within 24 hours upon receipt of the

Purchase Order. This is required for all Purchase Orders.

Purchase Order Acknowledgement, Version 4010, EDI 855. The contractor may use Purchase

Order Acknowledgement, Version 4010, EDI 855 in place of the Advance Ship Notice Manifest, EDI 856, as described below.

Advance Ship Notice/Manifest, Version 4010, EDI 856. The contractor is required to provide additional shipping notification using the Advance Ship Notice/Manifest, Version 4010, EDI 856 within 24 hours after an order has been shipped to a customer. The EDI 856 transaction set provides the shipment status (ship, cancel or backorder) of an order. For export shipments that https://vsc.gsa.gov/EDIUser/eddven.cfm

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Consolidation and Containerization Point that received the shipment. The EDI 856 transaction set should always display full line-item accountability.

Invoice EDI 810. In order to invoice GSA, the contractor must utilize either the Invoice, EDI

810 transaction set, using version 3010; or the FedPay portal at http://apps.ocfo.gsa.gov/vendorpayment/index.htm. If using EDI, the 810 transaction set is sent to FedPay to initiate payment to the Contractor.

NOTE: THE CONTRACTOR SHALL INVOICE AT TIME OF SHIPMENT.

Communications Protocol: The awarded Contractor may choose a Value Added Network (VAN) or Secure File Transfer Protocol (SFTP) to conduct business with GSA; i.e., sending and receiving Electronic Data Interchange (EDI) or Extensible Markup Language (XML) transactions.

Additional Technical Information for Transactions: Specifically, at a minimum, GSA will use the Reference Number (REF) segment with '2I' qualifier to receive the tracking number and carrier information of the shipment; the Date/Time Reference (DTM) segment with qualifiers

‘011’ for shipped dates and '139' estimated ship dates, and the PRF segment will house the contract number and the release/delivery order number in PRF01 and PRF02, respectively. GSA will be notified once the Purchase Order has been received, via the EDI 997 transaction set and once the order has been shipped, via the EDI 855 or 856 transaction set.

Please note that other EDI transactions may become mandatory as the program evolves.

Resources. The following web site is available as a resource for researching detail on the above business-to-government and government-to-business transactions.

EDI: EDD EDI Documentation, available at https://vsc.gsa.gov/EDIUser/eddven.cfm

5.3.5 Testing

Prior to contract award, GSA personnel may test the Contractor’s ability to transact via EDI as a material requirement of the RFQ.

Post award, GSA personnel will coordinate testing with the Contractor. GSA will coordinate end-to-end testing with GSA systems and the Contractor’s systems. At a minimum, the following transactions will be tested:

850 purchase/delivery order;

997 functional acknowledgement;

855 purchase order acknowledgement;

856 advance ship notice/manifest;

860 PO cancellation/buyer initiated change; and

810 invoice

GSA may select up to 20 items from the Contractor’s catalog for end-to-end testing and may select to conduct testing with live (production) orders.

For any EC/EDI clarifications please contact the GSA EDI Helpdesk at 703-605-9444.

http://apps.ocfo.gsa.gov/vendorpayment/index.htm https://vsc.gsa.gov/EDIUser/eddven.cfm about:blank

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6. Export Procedures

6.1 General:

Shipments to GSA DoD overseas customers are shipped using the Defense Transportation System (DTS).

Shipments to federal civilian agencies are shipped via the GBL (Government Bill of Lading) method.

Export shipments must be marked in accordance with FED-STD 123H for civilian agencies and MIL-STD 129P for military and Department of Defense Agencies.

Marking requirements can be found at: https://vsc.gsa.gov/Marking Labeling Packaging

6.2 Routing instructions: Vendor will comply with routing instructions contained in item

10. SHIP TO/REQUIRED MARKING of the GSA notices to deliver, GSA form 3186, or EDI/XML. When directed, vendors must register with the GSA VANS (Value Added Network System program management office for electronic transmission of notices to deliver information from GSA to the vendor and for vendor transmission of requests for shipping instructions to a GSA regional transportation office. The appropriate GSA transportation office will determine the method and mode of shipment. Vendors will comply with the instructions from the GSA regional transportation office. Vendors are subject to payment of any charges or penalties over what would have been charged had the vendor followed the instructions from the GSA regional transportation office.

6.3 General Routing Determination: A Container-Load (CL) shipment is defined as a shipment that is 800 cft in volume or greater and/or 10,000 lbs or greater in weight, or any shipment which will occupy half of a standard 20’ dry seavan, when the volume and weight of the container contents are evenly distributed over the floor of the container (for export purposes a seavan is referred to as a “container”).

6.4 DoD DTS export shipments to DoD consignees: Shipping instructions for surface export LCL (Less-than container-Load) shipments will be provided in block10 of the GSA notice to deliver. Routing information for export air and export Container Load (CL) shipments, and shipments consigned to US Navy vessels, will be provided by a GSA regional transportation office. Vendors will be directed to move LCL surface (water) shipments to a DoD containerization and consolidation point (CCP). The GSA regional transportation office will obtain instructions from the Navy for LCL shipments to Navy vessels, and pass these on to the vendor.

6.5 Civilian agency export shipments: Civilian agency export CL and LCL shipments will be routed and shipped via the GBL method.

6.6 Vendor Shipping Responsibilities: Vendors will not ship a CL shipment to a depot.

CL shipments shipped to a depot will be refused and diverted to a temporary safe haven or will be booked directly to a vessel and will be delivered to a water port. Vendors shipping CL shipments to depots in violation of this rule will be responsible for reshipment charges or any charges over what it would have taken to ship the shipment had the GSA regional office routed the shipment.

Returns The Contractor shall allow the Government to return items in the original packaging and in sellable condition up to 30 days from the date the item was delivered. The Contractor shall provide a full refund, less any applicable restocking fee, for such items within 30 days of receipt of the returned item.

https://vsc.gsa.gov/Marking

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Restocking fees The Contractor may assess a restocking fee in accordance with the established schedule restocking fee amount, however capped at no more than 10 percent of the item cost when the Contractor incurs additional costs due to customer ordering error. There shall be no restocking fees when the item is returned due to item condition or Contractor error.

6.7 FOB Destination shipments: FOB Destination CL shipments will be booked directly to a vessel and will be routed to a CONUS (Continental United States) seaport port or, in the case of shipments to Canada and areas south of CONUS, to the point at or near the border at which the shipment will exit the CONUS. In the case of Navy shipments to vessels the vendor will be directed to deliver CL or LCL shipments to a designated receipt point.

6.8 Source Loading and/or Container Stuffing: Container stuffing is the loading or placing of items into a seavan for export shipment. Source loading is the stuffing of a container at a vendor’s inland facility. Source loading minimizes the exposure of a shipment to damage through second handling. Source loading maintains vendor liability for damages/shortage to the container contents provided there is no external evidence of damage to the container, the seal is unbroken, or there is a damage report from a carrier that handled the container. Source loading is the express policy of GSA. Transportation and related FOB Destination charges are the vendor’s responsibility and vendors are responsible for all charges to port in gate (delivery of and transit through the port gate to ocean carriers’ port terminals). Transportation and related charges after port in gate are the responsibility of the overseas customer. Source loading provides stuffing of containers at vendors’ facilities at vendors’ expense and eliminates unnecessary costs to the customer consignee. Stuffing charges are not to be passed on to the customer unless the vendor can prove that a monetary benefit will accrue to the government/customer.

6.9 Container Procurement: In the case of FOB Origin shipments the ocean carrier is responsible for spotting empty containers at vendors’ facilities and transporting loaded containers to a seaport. In the case of FOB Destination shipments the vendor is responsible for following ocean carriers instructions for obtaining an empty container, transporting the empty container to the vendor loading facility, loading (stuffing) the container, and transporting the loaded container to the seaport. All FOB Origin transportation charges are charged to the consignee customer. FOB Destination. CONUS inland charges as outlined within this paragraph are the responsibility of the vendor, to and through in gate.

6.10 Rollovers and Advances: GSA CL surface export shipments are booked directly to a vessel. Booking is the reservation of container space aboard a vessel. A Rollover (“roll) is the rebooking of a shipment from a vessel to which booked to an earlier vessel sailing. Vendor is responsible for notifying the GSA regional transportation office NLT 48 hours prior to the vessel cutoff date of any requirement to advance or roll a booking. Vendors are subject to $250.00 in liquidated damages for failing to notify the GSA regional transportation office of a need to advance or roll a shipment within 24 hours of the vessel/gate cutoff.

6.11 Shipping and customs documents: Upon booking the GSA regional transportation office will furnish the vendor shipping and customs documents. Vendor will comply with instructions contained therein.

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6.12 Special instructions for CENTCOM consigned containers: Seavan(s) consigned to the Central Command (CENTCOM) area of operations (Afghanistan, Kuwait, Iraq, Qatar, etc.) are required to be fitted with a Radio Frequency Identification (RFID) tag and 72” cable seals and 1/4” bolt seals. Cable and bolt seals must be provided by the vendor, however RFID tags will be provided by GSA. It is imperative that as the container(s) is/are loaded (or as soon as possible thereafter) required information in the SHIPPING INSTRUCTIONS (DRAFT) is provided to the

GSA regional transportation office. Once the GSA regional transportation office receives the required information they will prepare Radio Frequency Identification (RFID) tag(s), custom forms, and the final Sis, (Shipping Instructions) for each container. These will be FedEx’d to vendors before noon next day delivery. Each tag and its documents are unique to that one container, and may not be switched or substituted. Seavan(s) must remain overnight until the RFID tag(s), etc., arrive, therefore when the transportation company calls to deliver the sea van, vendors must alert them that the seavans will be a “Drop & Pick”.

6.13 Packaging, Marking, Labeling and Documentation: Packaging, marking, labeling and documentation shall be in accordance with the requirements in the Term contract. In the least, commercial documentation shall be included.

6.14 Commercial Documentation Requirement: A shipping document (packing list) will be produced and provided for all packages for orders designated as commercial. The commercial shipping document will list all items included in the package or box. All variable data will be either transmitted to the contractor on the EDI 850 Notice to Deliver or derived from the contractor’s internal cataloging/product information. The commercial shipping document will be furnished with each shipment. In a one-package shipment the commercial shipment document shall be affixed to the exterior of the package using an adhesive, packing list envelope. Multi-package shipments will be clearly labeled in a manner to reference the commercial shipping document, which shall be affixed to the lead carton. For “multi-packs” (boxes containing more than one type of product) a copy of the commercial documentation shall additionally be included in the box clearly identifying box contents.

7. Status Reports of Orders and Shipment GSAM 552.242-70 (Feb. 2009)

The Contractor shall furnish to the Procuring Contracting Officer (PCO) a report covering orders received and shipments made during each calendar month of contract performance. The information required by the Government shall be reported on GSA Form 1678, Status Report of Orders and Shipments, in accordance with instructions on the form. The information required by the GSA Form 1678 may also be submitted in an automated print out form if authorized by the PCO. Alternatively, the required

12 | P a g e information may be reported by electronic data interchange using ANSI standards. For further information, contact GSA’S Region 2 Global Supply Center, Acquisition Division (QSDJAB) or the points of contact listed in section 1.1. Reports shall be forwarded to the PCO no later than the seventh workday of the succeeding month.

A copy of GSA Form 1678 will be forwarded to the Contractor with the contract. Additional copies of the form, if needed, may be reproduced by the Contractor.

8. Purchase Order, Electronic Data Interchange (EDI)

GSA will submit orders/ notices to deliver utilizing Electronic Data Interchange (EDI) fax.

9. Additional Terms and Conditions

The following FAR and GSAM terms and conditions are incorporated into this Term Contract by reference. The full-text of these terms and conditions may be found online at:

www.acquistion.gov.

FAR/GSAM Clause Title

GSAM 552.211-73 Marking

GSAM 552.232-78 Contracts Payment Information

FAR 52.217-7

Option for Increased Quantity – Separately Priced Line Item

FAR 52.212-2 Evaluation - Commercial Items

FAR 52.212-4

Contract Terms & Conditions - Commercial Items

FAR 52.219-8

Utilization of Small Business Concerns

FAR 52.249-2

Termination for Convenience of the Government

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For instructions/assistance with proper Packaging, Labeling, and Marking, please visit https://vsc.gsa.gov/MarkingLabelingPackaging/

The successful quoter(s) will be provided with the guide to avoiding Frustrated Freight and Standard Operating Procedures for the Vendor Supplier Network after award

The successful quoter(s) will be required to provide examples of proper labels to the contracting officer before being approved to begin shipping.

https://vsc.gsa.gov/MarkingLabelingPackaging/

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10. Supplement to the Commercial Packing List (above)

The Commercial Packing List data elements: Order level data:

1. GSA logo (this is not a requirement)

2. Return address:

' GSA Global Supply ' C/O Vendor Name

3. For customer service, call 1-800-525-8027 and select option 2 Customer order number (8 – 10 numeric; number is returned on the 856 transaction set)

4. Document or requisition number (14 A/N; returned on the 856 transaction set)

5. Printed date (format: MM/DD/YYYY)

6. Activity Address code (six A/N; place after Ship To title)

7. Ship to address:

Address 1 (35 A/N; all 35 required to be visible) Address 2 (35 A/N; all 35 required to be visible) Address 3 (35 A/N; all 35 required to be visible) City, State, and Zip Code (35 A/N; all 35 required to be visible)

8. Marketing message (120 A/N; all 120 must be visible, may be blank; bottom of packing slip)

9. Agency internal code (six A/N; may be blank)

10. Priority code (PRI) (two A/N; default to 06 if blank) ' If this data is passed by the 850, provide it in the packing list.

11. Project code (PRJ) (three A/N; may be blank) ' If this data is passed by the 850, provide it in the packing list.

12. Required delivery data (RDD) (three A/N; may be blank) If this data is passed by the 850, provide it in the packing list.

13. Transportation Control Number (TCN) (17 A/N;

may be blank)

The TCN is optional for domestic orders.

14. Mark-for data (two lines of 45; all 45, per line, required to be visible)

Line level data:

A. Part number B. Description C. Quantity of shipped and backordered D. Unit of issue E. Extended weight F. Unit selling price G. Extended price H. Extended order total I. Document or requisition number

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Additional Terms and Conditions

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.

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 Term Contract 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 re-inspection 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.

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.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.

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

(c) The Procuring Contracting Officer (PCO) shall notify the Contractor either

16 | P a g e orally (confirmed in writing) or in writing of any decision to defer placement of delivery orders pursuant to this clause.

(d) 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.

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.

NOTE: 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.

ITEM PURCHASE DESCRIPTION

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7510-01-604-2614 UI: EA

CARTRIDGE, TONER

DESCRIPTION

ITEM NAME CARTRIDGE, TONER

I.A.W. SAMSUNG P/N MLT-D307E

CARTRIDGE TYPE NEW (OEM GENUINE)

SPECIAL FEATURES HIGH YIELD CARTRIDGE FOR USE WITH SAMSUNG

PRINTER SERIES INCLUDING ML-4512ND, ML-

5010ND, ML-5012ND,

ML-5017ND AND ANY PRINTER USING SAMSUNG P/N

MLT-D307E

COLOR BLACK

PAGE YIELD 20,000 PAGES (AVERAGE YIELD IAW ISO/IEC 19752)

PACKAGING/PACKING

PACKAGING/PACKING: Each item shall be packaged in accordance with normal commercial practice and packed to assure acceptance by common carrier and to provide product protection against loss or damage during multiple shipments, handling and storage. The shipping container shall be in compliance with the National Motor Freight Classification and the Uniform Freight Classification, and shall not be more than 51 pounds in weight.

For additional references, see below link:

https://vsc.gsa.gov/Marking_Labeling_Packaging/

MARKING

For civilian destinations - In accordance with FED-STD-123H, dated August 8, 2007. For military destinations - In accordance with MIL-STD-129P, dated December 15, 2002, and Change 4, dated September 19, 2007. Bar code marking shall be included for both civilian and military destinations.

For additional references, see below link:

https://vsc.gsa.gov/Marking_Labeling_Packaging/

In addition, supplier shall provide MSDS in accordance with Fed-Std-313D, dated April 3, 1996, and Change Notice 1, dated March 21, 2000.

MSDS - Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities.

PALLETIZATION

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PALLETIZATION & 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. If pallet or skid is used for shipping, it shall be made in accordance with normal industry standards. In the event a wooden 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.

PCM

THE GENERAL SERVICES ADMINISTRATION POLICY IS TO SEEK THE HIGHEST

PERCENTAGE OF RECOVERED MATERIAL, INCLUDING POST CONSUMER RECOVERED

MATERIAL, WHICH IS COMMERCIALLY AVAILABLE. PROCUREMENT PREFERENCE WILL

BE GIVEN TO ITEMS WITH THE HIGHEST POST CONSUMER MATERIAL CONTENT

WITHIN REASONABLE COST.

Regulatory Requirements: The offerer/contractor is encouraged to use recovered materials to the maximum extent practicable in accordance with paragraph 23.403 of the Federal Acquisition Regulations (FAR).

The Government reserves the right to require proof of such conformance prior to first delivery and thereafter as may be otherwise provided for under the provisions of the contract.

QUALITY ASSURANCE

PRODUCT CONFORMANCE. The product provided shall meet the salient characteristics of this commercial item description. The quality of the product sold to the government shall be equal to or better than the quality of the product sold by the manufacturer in the commercial market. The government reserves the right to require proof of such conformance.

STORAGE INSTRUCTIONS: To maximize the life of the laser printer toner cartridges, it is highly recommended that this item be stored between 5 to 32.2 Deg. C (41 to 90 Deg. F) and between 10 to 90% relative humidity (temperature/humidity controlled conditions).

WORKMANSHIP: The material shall be uniformly fabricated in accordance with good commercial practice, and free from cracks, cuts, holes, chafed spots, or other defects which impair its usefulness. The material shall be free from dirt, contamination, mold release compounds, or other foreign matter.

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