RFQ_-_QSDLAC-A8-14-2003-SQA_-_PROPANE.pdf

QUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-

ASIDE (52.219-6)

PAGE OF PAGES

1 | 40

1. REQUEST NO.

QSDLAC-A8-14-2003-SQ

2. DATE

ISSUED

06/30/2014

3. REQUISITION/PURCHASE REQUEST NO.

SEE BELOW

4. CERT. FOR NAT. DEF. UNDER

BDSA REG. 2 AND/OR DMS REG.

RATING

5A. ISSUED BY

6. DELIVER BY

30 DAYS ARO or better

GSA, FAS, Southwest Supply Operations Center

ATTN: Holly Eskridge (QSDLAC–A8)

819 Taylor Street, Room 6A00

Fort Worth, TX 76102

5B. FOR INFORMATION CALL: (NO COLLECT CALLS) 7. DELIVERY

NAME TELEPHONE NUMBER/EMAIL FOB DESTINATION OTHER (See below) Holly Eskridge holly.eskridge@gsa.gov

AREA CODE

NUMBER

850-8365

9. DESTINATION

See Below

8. TO:

a. NAME OF CONSIGNEE SEE BLOCK 11

a. NAME

b. COMPANY

b. STREET ADDRESS

SEE BLOCK 11

c. STREET

c. CITY

d. CITY

e. STATE

f. ZIP

d. STATE

e. ZIP

SEE BLOCK 11

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

July 3, by 4 pm EDT

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

**THIS IS ONLY A REQUEST FOR PRICING. DELIVERY

ORDER WILL BE ISSUED PURSUANT TO THE EVALUATION

OF THE QUOTATIONS RECEIVED. DO NOT SHIP!!**

A. This is a Request for Quote (RFQ) for a Standing Quote Agreement (SQA) for a two-year period from DATE OF AWARD through two (2) years with annual review not to exceed $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 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 award a Standing Quote Agreement to the offeror determined as the lowest price technically acceptable offer.

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.

2. LOWEST EVALUATED PRICE. The lowest 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 in the aggregate for all items.

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

H. The Item Purchase Descriptions and Schedule of Items are shown on pages 4 & 5.

I. Clauses, applicable to any orders issued under this SQA, are shown on pages 5 thru 41.

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

12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or Print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY

e. STATE

f. ZIP

c. TITLE (Type or Print) NUMBER

FAX:

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Re. 6-95)

Previous edition not usable Prescribed by GSA- FAR (48CFR) 53.215-1(a) mailto:holly.eskridge@gsa.gov

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 2 of 40

Block 11 continued.

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

L. FAR 52.212-1, Instructions to Offerors – Commercial Items (APR 2014) is incorporated by reference; found on page 19. 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.

M. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (SEP 2013) Found on page 12. Replace the entries showing “SF 1449” references with “SF 18”.

N. FAR 52.225-3, Buy American Act – Supplies – applies to this RFQ.

O. When responding to this RFQ, you may submit the entire document via FAX or email; PREFERABLY by email to holly.eskridge@gsa.gov or FAX 817.574.2615. The full document and all supporting documentation must be received by the closing date and time.

P. The Government will be awarding a Standing Quotation (SQ) Agreement 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.

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

2. LOWEST EVALUATED PRICE. The lowest 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. Pricing must be submitted for both locations to be considered for award.

Q. 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.

R. 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.

S. Federal Standard 123, for civilian agencies and Military Standard 129, for military destinations for marking are applicable to this acquisition and must be utilized as appropriate.

The Government will not make assumptions concerning the offeror’s intent. Clear identification is the sole responsibility of the offeror.

ALL COMPLETED PAGES (1 - 40) MUST BE RETURNED WITH YOUR OFFER (NO EXCEPTION). FAILURE TO

PROVIDE THE REQUIRED INFORMATION MAY RESULT IN YOUR OFFER NO LONGER BEING

EVALUATED/CONSIDERED FOR POSSIBLE AWARD.

mailto:holly.eskridge@gsa.gov

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 3 of 40

Request for Quotation # QSDLAC-A8-14-2003-SQA Dated 06/30/2014

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*: ___________________________

Supplier TIN*: _____________________________

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).

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 4 of 40

Description/Specifications

ITEM PURCHASE DESCRIPTION

NSN: 6830-00-584-3041 (updated 05/02/2014)

PROPANE: Shall be a Worthington Cylinder Corporation, Part Number 332703 or equal, with the following requirements and characteristics:

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

Type: Propane HD-5

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

Copies of Gas Processors Association 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.

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.

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

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines 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.

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 5 of 40

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.

I ______________________________ certify that the item to be furnished will be in accordance with all applicable requirements, and the item is of the quality specified and conform in all respects with the agreement, including packaging, packing, marking requirements, and physical item identification.

End of Item Purchase Description

Are you providing a brand name or equal item? YES NO

If providing an equal product, please follow the instructions in 52.211-6 – Brand Name or Equal

Quoted price should be 12 ea - 14 oz net wt., disposable cylinders

If you are not offering Worthington Cylinder Corporation, Part Number 332703 or equal, please provide your information under the ‘Equal’ column:

NSN 6830-00-584-3041

Part Number - 332703 OR Equal

Worthington Cylinder Corp., Propane ____________

Unit of Issue (BX) (12 ea, 14 oz disposable cylinders) ____________

Propane ____________

B-FSS-99 (MAR 1996)

OFFERORS OFFERING OTHER THAN BRAND NAME ITEMS IDENTIFIED HEREIN SHOULD FURNISH WITH THEIR

OFFERS ADEQUATE INFORMATION TO ENSURE THAT A DETERMINATION CAN BE MADE AS TO EQUALITY OF

THE PRODUCT(S) OFFERED (SEE CLAUSE 552.211-70, "BRAND NAME OR EQUAL," OF THIS SOLICITATION).

52.211-6 BRAND NAME OR EQUAL (AUG 1999) 11.107(a)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

https://www.acquisition.gov/far/current/html/Subpart%2011_1.html#wp1087947

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 6 of 40

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

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.

Supplies/Prices (Schedule of Items)

This is only a request for pricing. An order will be issued pursuant to the evaluation of the offers received.

DO NOT SHIP!

NOTE: THIS IS ONLY A REQUEST FOR PRICING. AN ORDER WILL BE ISSUED PURSUANT TO THE EVALUATION OF THE

OFFERS 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 is Each (BX).

D. COUNTRY OF ORIGIN (country in which item is manufactured): ____________________

SCHEDULE OF ITEMS

Award will be made in the aggregate.

NAICS 211112 (see IPD attached above)

Item

No.

NSN/DESCRIPTION

FOB Est’d

Orders

1-year

Est’d

Qty

1-year

Period

Unit of

Issue

Unit Price

(to include delivery)

Total Destination

Price (1-year Qty

X Unit Price)

CONUS

6830-00-584-3041

Propane

IPD Attached

BX

Enter the weight and cube:

Packaging and Marking

6830-00-584-3041

Weight _____________

Cube ___________

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 7 of 40

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.”

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 https://www.acquisition.gov/gsam/current/html/Part511.html#wp1861484 https://www.acquisition.gov/gsam/current/html/Part511.html#wp1859429 https://acquisition.gov/gsam/current/html/Part511.html#wp1859430

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 8 of 40

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

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

(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

E-FSS-522 INSPECTION AT DESTINATION (MAR 1996)

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

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

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

Deliveries or Performance

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

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 9 of 40

(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.

(b) 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.

Contract Administration Data

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

(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.

https://www.acquisition.gov/gsam/current/html/Part516.html#wp1859908

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 10 of 40

(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.

https://www.acquisition.gov/gsam/current/html/Part516.html#wp1859894

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 11 of 40

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)

(a) 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.

G-FSS-908 PLACEMENT OF ORDERS IF CONTRACTOR FAILS TO PERFORM (JUN 1996)

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

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

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

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

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

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

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

Contract Clauses

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 12 of 40

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (SEPT 2013) 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.

http://www.arnet.gov/far/current/html/Subpart%2012_3.html#wp1084396 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_200_206.html#wp1137572

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 13 of 40

(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—System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), 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).

https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 https://acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 14 of 40

(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) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-https://acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

Request for Quotation # QSDLAC-A8-14-2003-SQA, 06/30/2014 Page 15 of 40

Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on…