QSDLAA-D5-13-1763-SQA_Propane.doc

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

1 | 27

UNDER BDSA REG. 2 (

RATING

GSA, FAS, Southwest Supply Operations Center

Acquisition Division (QSDLAA-D5)

819 Taylor Street, Room 6A00

Fort Worth, TX 76102-6114

If orders are issued, delivery is required within

30 DAYS ARO

(See Schedule)

Don Miller, Contract Specialist don.miller@gsa.gov

AREA CODE

NUMBER

850-8136

9. DESTINATION

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

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

February 5, 2013

11:00 AM CST

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

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A. This is a Request for Quote (RFQ) for a Standing Quote Agreement (SQA) from the DATE OF AWARD through two (2) years or until purchases reach $150,000.00. Federal

Acquisition Service, Southwest Supply Operations Center (SSOC) may issue orders against this SQA for items listed herein. This is not a contract. A binding agreement only arises if the SSOC issues an order and the order is accepted by the SQA-holder. Estimates contained herein are provided for informational purposes only. There is no guarantee that any orders or any specific amount of orders will be issued. The total dollar value of any orders issued will not exceed $150,000.00 over the life of this agreement. This SQA may be cancelled at any time by either party. This is only a request for pricing. Any delivery orders issued will be pursuant to the evaluation of the quotations received.

DO NOT SHIP.

B. This procurement is not set aside for small business.

C. The Government will be awarding a Standing Quotation Agreement (SQA) to the responsible Offeror whose offer, conforming to the solicitation, is the lowest price technically acceptable offer. To be technically acceptable the item must meet the Item Purchase Description.

Evaluation Factors:

1. TECHNICAL ACCEPTABILITY. Technical acceptability is defined as meeting the Government’s Item Purchase Description for each item offered in response to this RFQ and complying with the required delivery schedule.

TECHNICAL SPECIFICATIONS/DRAWINGS: The Government will make no assumptions concerning the offeror’s intent. Clear identification of the product offered is the sole responsibility of the offeror and technical specifications for the products offered are required at the time of offer. The Government will use the technical specifications as a means of verifying product compliance with the Item Purchase Description (IPD).

2. LOWEST EVALUATED PRICE. The lowest item total aggregate price (“Per Unit SQA Price” or “Per Unit Destination SQA Price” multiplied by the “Estimated 12-month Quantity”) will be considered for award.

D. Award will be made item-by-item.

E. Delivery terms for any orders issued will be FOB Destination.

F. The Item Purchase Descriptions and Schedule of Items are shown on pages 2 through 5.

G. Clauses, applicable to any orders issued under this SQA, are shown on pages 6 thru 27.

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

I. The North American Industry Classification System (NAICS) code for this acquisition is *211112*.

12. DISCOUNT FOR PROMPT PAYMENT (

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

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (Re. 6-95)

Block 11 continued.

J. FAR 52.212-1, Instructions to Offerors – Commercial Items (FEB 2012) is incorporated by reference; found on page 11. Clause is tailored in paragraph (b), replace the entries showing “SF 1449” references with “SF 18,” and paragraph (h) “Multiple awards.” is replaced with a “Single award agreement.” to be issued as a result of this RFQ.

K. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (FEB 2012) Found on pages 11-14. Replace the entries showing “SF 1449” references with “SF 18,”.

L. When responding to this RFQ, you may submit the entire document via email to don.miller@gsa.gov. The full document and all supporting documentation must be received by the closing date and time established.

Supporting documentation includes:

1. Technical specifications/drawings (see #1 above), and;

2. MSDS Sheet: As required by FAR 52.223-3, offerors should submit an MSDS sheet for the product offered. A worksheet is attached (Attachment 1) to the RFQ for offerors to use which supplements the MSDS.

M. Offerors are responsible for submitting offers so as to reach the Government office designated in the RFQ by the time specified (See Block 10). It is preferred that each offer package be submitted as in attachment to the RFQ response via email. 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.

N. This is notice that the Government intends to evaluate offers and award will be made on initial quotes, and advises Offerors to submit their best terms and prices in their initial quotation.

ALL COMPLETED PAGES (1 - 27) MUST BE RETURNED WITH YOUR OFFER (NO EXCEPTIONS). FAILURE TO PROVIDE THE REQUIRED INFORMATION WILL RESULT IN YOUR OFFER NO LONGER BEING EVALUATED/CONSIDERED FOR POSSIBLE AWARD.

Request for Quotation # QSDLAA-D5-13-1763-SQA Dated 01.29.2013 A. Taxpayer Identification Number (TIN): _____________________

B. Data Universal Numbering System (DUNS): ______________________

C. Point of Contact: ______________________

Phone Number: _______________________

Fax: __________________________

E-Mail Address: _______________________

Are you a large or small business? __________________

Are you a manufacturer or dealer? __________________

D. Supplier Name*: ___________________________

Point of Contact*: __________________________

Supplier DUNS*: ___________________________

Is your supplier large or small? _________________

(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 DESCRIPTION

NSN: 6830-00-584-3041

Dated: 01.06.12

PROPANE: Shall be in accordance with the Gas Processors Association Standard 2140-97, Liquefied Petroleum Gas Specifications and Test Methods. Shall have the following characteristics:

Type – Propane HD-5

The product and container shall comply with all applicable National Fire Protection Association standards and codes.

Copies of GPA Standards can be obtained from Gas Processors Association; 6526 E. 60th Street, Tulsa, OK, USA 74145; Phone 918-493-3872; Fax 918-493-3875

Unit of issue: BX (Twelve (12) each, fourteen (14) ounce by weight minimum, disposable cylinders)

Product conformance: The products provided shall meet the salient characteristics of this description, conform to the producer's own 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.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed in accordance with the latest revision of ASTM D 3951, Standard Practice for Commercial Packaging. Copies of ASTM standards are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Phone: 610-832-9585, Fax: 610-832-9555, Web site: www.astm.org, e-mail: service@astm.org.

The entire unit offered for shipment shall comply with all applicable provisions of the Department of Transportation regulations (49 CFR 100-199) regarding the transportation of hazardous materials.

PACKAGING: The propane, in the quantities specified above, shall be furnished in disposable metal cylinders in accordance with Department of Transportation Specification 39 (49 CFR 178.65). The cylinders shall be not more than 11 inches high, not more than 3 inches in diameter and be provided with a neck for connecting to the burner unit. The neck shall be one inch in diameter and shall have 20 NEF (National Extra Fine) threads per inch.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp and Stockton Locations). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

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

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

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 can be found at the USDA.gov web site. 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.

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.

SPECIAL MARKING shall include:

1) Lot Batch number.

2) Dates of manufacture.

3) Instructions for use.

DATA SUBMISSION: The material safety data sheet (MSDS) shall be submitted in accordance with the latest revision of Federal Standard No. 313. For shipments to GSA distribution centers or Customer Supply Centers, the contractor shall provide one copy of the MSDS inside or affixed to the outside of each transport package as defined in FED-STD-123. If affixed outside, the MSDS must be placed in a weather-resistant envelope.

NOTE TO SHIPPER: THE FOLLOWING REQUIREMENTS MUST BE ADDED TO THE PURCHASE ORDER FOR SHIPMENTS OF REGULATED MATERIALS.

SPECIAL REQUIREMENTS FOR DOMESTIC SHIPMENTS OF REGULATED MATERIALS:

In addition to other requirements of this description, for domestic shipments, the commodity shall be packaged, packed, and marked in a manner to meet the applicable requirements of the Department of Transportation (DOT) regulations (Title 49, Code of Federal Regulations) latest revision for the mode of transport utilized.

SPECIAL REQUIREMENTS FOR OVERSEA SHIPMENTS OF REGULATED MATERIALS:

For oversea shipments by vessel, the commodity shall be packaged, packed, and marked in a manner to meet the applicable requirements of International Maritime Organization (IMO), International Maritime Dangerous Goods (IMDG) Code, latest revision.

(End of IPD)

B-FSS-90

FREQUENCY OF ORDERS (OCT 1988)

In order to give Contractors an indication as to the frequency of orders, the number of orders expected to be placed during the contract period is shown in the Schedule in parenthesis next to the estimated peak monthly requirements shown for each item. Computations as to the frequency of orders are necessarily based on past experience, and Contractors are cautioned that this ordering pattern may change. This information is provided to facilitate Contractor's production planning and has no bearing on the contractual obligations of either party.

Schedule of Items

Use the Schedule of Items below to submit your quoted prices.

NOTE: THIS IS ONLY A REQUEST FOR PRICING. ANY ORDERS ISSUED WILL BE PURSUANT TO THE EVALUATION OF THE QUOTATIONS RECEIVED. PRICING FOR THE ITEM SHALL BE COMPLETED BELOW:

A. Provide the unit prices per the unit of issue shown.

B. Pricing FOB Destination.

C. Unit of Issue: BX D. Country of Origin (where the item is being manufactured):____________________________________ E. This is NOT a total small business set-aside.

F. Part number offered:_______________________________

Item

No.

Orders Est’d Peak

Monthly Rqmt.

Est’d

1-Year

Qty

(1-Year Qty x Unit Price)

Propane

Propane

Total Quoted Price

The following clauses will be applicable to any orders issued under this standing quote agreement:

Packaging and Marking

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) 511.204(b)(2) Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.

552.211-76 CHARGES FOR PACKAGING, PACKING AND MARKING (JAN 2010) 511.204(b)(3) If supplies shipped to a GSA wholesale distribution center are not packaged, packed and marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking/ remarking, by contract or otherwise, and charge the Contractor therefore at the rate of $150 for the first hour and $70 for each subsequent hour (2 hour minimum) per man-hour or fraction thereof. The Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-77 PACKING LIST (FEB 1996) 511.204(c)

(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate:

(1) Name and address of the consignor;

(2) Name and complete address of the consignee;

(3) Government order or requisition number;

(4) Government bill of lading number covering the shipment (if any); and

(5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any).

(b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include:

(1) Cardholder name and telephone number and

(2) The term “Credit Card.”

552.223-70 HAZARDOUS SUBSTANCES (MAY 1989) 523.303(a)

(a) If the packaged items to be delivered under this contract are of a hazardous substance and ordinarily are intended or considered to be for use as a household item, this contract is subject to the Federal Hazardous Substances Act, as amended (15 U.S.C. 1261-1276), implementing regulations thereof (16 CFR Chapter II(c)), and Federal Standard No. 123, Marking for Shipment (Civil Agencies), issue in effect on the date of this solicitation.

(b) The packaged items to be delivered under this contract are subject to the preparation of shipping documents, the preparation of items for transportation, shipping container construction, package making, package labeling, when required, shipper's certification of compliance, and transport vehicle placarding in accordance with Parts 171 through 178 of 49 CFR and the Hazardous Materials Transportation Act.

(c) The minimum packaging acceptable for packaging Department of Transportation regulated hazardous materials shall be those in 49 CFR 173.

D-FSS-440 PRESERVATION, PACKAGING, PACKING, AND MARKING AND LABELING OF HAZARDOUS MATERIALS (HAZMAT) FOR SURFACE SHIPMENT (MAY 1997)

(a) Preservation, packaging, packing, and marking and labeling of domestic and overseas HAZMAT SURFACE SHIPMENTS shall comply with all requirements of the following:

(1) International Maritime Dangerous Goods (IMDG) Code established by the International Maritime Organization;

(2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR Parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as "Combustible" and "ORM," shall not be used);

(3) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR Part 1910.1200; and

(4) Any preservation, packaging, packing, and marking and labeling requirements contained elsewhere in this solicitation.

(b) The test reports showing compliance with packaging requirements shall be made available to GSA contract administration/management representatives upon request.

D-FSS-476 SPECIAL MARKING (APR 1984)

(a) Marking. Shipping containers shall be marked with the unite of purchase and the unit of issue as prescribed by Federal Standard No. 123.

(b) Invoices. The Contractor shall shown on the invoice the unit of purchase and the unti of issue, in parentheses, as indicated in the schedule of items.

552.211-86 MAXIMUM WEIGHT PER SHIPPING CONTAINER (JAN 2010) 511.204(b)(6) 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.

Inspection and Acceptance

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: ________________________________ Signature: _______________________________________ Title: ____________________________________________

E-FSS-514 PRODUCTION AND INSPECTION POINT(S) (JUN 1990)

(a) Production Point. Quoter 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.

(b) 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.

ITEM

NO(S).

NAME OF

MANUFACTURER

PRODUCTION POINT

NAME, ADDRESS

(Including County), and

TELEPHONE NUMBER

INSPECTION POINT

(If other than Production Point)

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

Deliveries or Performance

52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

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

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

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

( NO VARIATION IN QUANTITY ALLOWED (Applicable when checked)

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

(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

(2) 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.

(b) The Contractor shall--

(1)

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

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

(2) Prepare and distribute commercial bills of lading;

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

(4) 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.

F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)

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

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

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

F-FSS-200-A DELIVERY—F.O.B. DESTINATION (JUN 1995)

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

F-FSS-300 SCHEDULING OF DELIVERIES TO GSA FACILITIES (FEB 2005)

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

(b) Eastern Distribution Center:

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

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

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

(d) Facility Addresses:

Facility Address

Scheduling Telephone No.

Normal Business Hours F3

Expanco, Inc., GSA Fire Supply Center

(817)-293-9486

7:00 AM – 3:00 PM CST

3005 Wichita Ct.

FORT WORTH, TX 76140

N3/N4

GSA Eastern Distribution Center

(609) 499-7025

7:30 AM- 3:00 PM EST

1900 River Road

BURLINGTON, NJ 08016

S3

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Sharpe Army Depot, Bldg 330 700 E. Roth Road

FRENCH CAMP, CA 95231

S4

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Sharpe Army Depot, Bldg 330, Door 186

(HAZMAT)

700 E. Roth Road

FRENCH CAMP, CA 95231

S1

GSA, FSS, Western Distribution Center (9FL)

(209) 547-8699

7:00 AM- 3:00 PM PST

Bldg. 386 (Fire Items) 700 E. Roth Road French Camp, CA 95231 Contract Administration Data

552.216-72 PLACEMENT OF ORDERS (AUG 2010) (ALTERNATE I — AUG 2010) 516.506(a)

All delivery orders (orders) under this contract will be placed by the General Services Administration’s Federal Acquisition Service (FAS). The Contractor is not authorized to accept orders from any other agency. Violation of this restriction may result in termination of the contract pursuant to the default clause of this contract.

(b) All orders shall be placed by Electronic Data Interchange (EDI) using the American National Standards Institute (ANSI) X12 Standard for Electronic Data Interchange (EDI) format.

(c) If the Contractor agrees, transmission will be computer-to-computer EDI. If computer-to-computer EDI is not possible, FAS will use an alternative EDI method allowing the Contractor to receive orders by facsimile transmission.

(d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall enter into a Trading Partner Agreement (TPA) with FAS in order to ensure mutual understanding by the parties of certain electronic transaction conventions and to recognize the rights and responsibilities of the parties as they apply to this method of placing orders. The TPA must identify, among other things, the third party provider(s) through which electronic orders are placed, the transaction sets used, security procedures, and guidelines for implementation.

(e) The Contractor shall be responsible for providing its own hardware and software necessary to transmit and receive data electronically. Additionally, each party to the TPA shall be responsible for the costs associated with its use of third party provider services.

(f) Nothing in the TPA will invalidate any part of this contract between the Contractor and the General Services Administration. All terms and conditions of this contract that otherwise would be applicable to a mailed order shall apply to the electronic order.

(g) The basic content and format of the TPA will be provided by:

General Services Administration Office of the Chief Information Officer (QI), 2100 Crystal Drive, Arlington, VA 22202

Telephone:

(703) 605-9444

552.216-73 ORDERING INFORMATION (AUG 2010) 516.506(c) (a) In accordance with the Placement of Orders clause of this solicitation, the Offeror elects to receive orders placed by GSA’s Federal Acquisition Service (FAS) by either facsimile transmission or computer-to-computer Electronic Data Interchange (EDI).

(b) An Offeror electing to receive computer-to-computer EDI is requested to indicate below the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface.

(c) An Offeror electing to receive orders by facsimile transmission is requested to indicate below the telephone number(s) for facsimile transmission equipment where orders should be forwarded.

(d) For mailed orders, the Offeror is requested to include the postal mailing address(es) where paper form orders should be mailed.

(e) Offerors marketing through dealers are requested to indicate below whether those dealers will be participating in the proposed contract.

YES NO

If “yes” is checked, ordering information to be inserted above shall reflect that in addition to Offeror’s name, address, and facsimile transmission telephone number, orders can be addressed to the Offeror’s name, c/o nearest local dealer. In this event, two copies of a list of participating dealers shall accompany this offer, and shall also be included in Contractor’s Federal Supply Schedule pricelist.

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-914-B CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (SEP 1996)

Payment by electronic funds transfer (EFT) is the Government’s preferred method of payment. However, under certain conditions, the Government may elect to make payment by check. The Offeror shall indicate below the payment (remittance) address to which Government checks should be mailed for payment of proper invoices submitted under a resultant contract.

PAYMENT ADDRESS: ______________________________

(b) All Offerors are cautioned that if the payment address shown on an invoice differs from that shown above, the address above will govern. Payment to any other address, except as provided for through EFT payment methods, will require an administrative change to the contract.

Contract Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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):

The IBR clauses (clauses incorporated by reference) are accessible on-line. The address for the FAR is http://www.acquistion.gov and the address for GSAM is http://www.acquisition.gov/gsam/gsam.html .

THE FOLLOWING CLAUSE IS INCORPORATED BY REFERENCE:

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012) 12.301(b)(3)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its 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 (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.

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

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

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

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

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

(2) 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)…