SQ Mattress Cover 1470.doc
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- Attached to
- MATTRESS COVER Federal contract opportunity
- Solicitation number
- QSDLA-D9-11-1291-SQ
- Issued by
- GSA Federal Acquisition Service
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RFQ# QSDLA-D9-11-1291-SQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ FORMCHECKBOX
IS FORMCHECKBOX
IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE (52.219-6)
PAGE OF PAGES
1 | 37
1. REQUEST NO.
QSDLA-D9-11-1291-SQ
ADMENDMENT ONE
2. DATE ISSUED
2/1/11
| 3. REQUISITION/PURCHASE REQUEST NO. SEE BELOW |
| 4. CERT. FOR NAT. DEF. UNDER BDSA REG. 2 ( AND/OR DMS REG. 1 |
| RATING |
| 5A. ISSUED BY |
| 6. DELIVER BY (Date) |
30 Days ARO or Better
GSA, FAS, Fire and Industrial Acquisition Branch (QSDLAC-D9)
819 Taylor Street, Room 6A00 Fort Worth, TX 76102
| 5B. FOR INFORMATION CALL: (NO COLLECT CALLS) |
| 7. DELIVERY |
| NAME |
| TELEPHONE NUMBER/EMAIL |
FORMCHECKBOX
FOB DESTINATION FORMCHECKBOX
OTHER
(SEE SCHEDULE OF ITEMS)
Denise Robinson Contract Specialist denise.robinson@gsa.gov
AREA CODE
FAX 817
NUMBER
850-8272 574-2655
9. DESTINATION
TO BE SHOWN ON EACH ORDER ISSUED
| 8. TO: |
| a. NAME OF CONSIGNEE |
(See Schedule)
| a. NAME |
| b. COMPANY |
b. STREET ADDRESS
c. STREET
c. CITY
d. CITY
e. STATE
f. ZIP
d. STATE
e. ZIP
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS (Date) 2/15/10 BY 4:30 PM Central Time IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
A.This solicitation is for a Standing Quote Agreement (SQA) IAW FAR 13.103 for twelve (12) month period from Date of Award not to exceed $150,000. The SQA may be cancelled at any time by either party with 30 days Advanced Notice.
B. This is only request for pricing. DO NOT SHIP. Orders will be issued pursuant to the evaluation of the quotations received and award of an agreement. Actual purchases are made via orders issued.
C. The requirements listed are estimates only and no guarantee is given as to the dollar amount to be purchased.
D. Award will be made in the aggregate for all items to the lowest aggregate price, technically acceptable offer whose offer conforms to the Request for Quotation and is most advantageous to the Government. To be considered technically acceptable, item quoted must meet the Item Purchase Description (IPD).
E. Inspection will be at Destination.
F. The Scheduled of Item and Item Purchase Descriptions are shown on pages 4 through 6.
G. Required Clauses, applicable to orders issued under the agreement, are shown on pages 6 through 37.
H Specifications may be found at http://assist.daps.dla.mil/quicksearch.
| 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 FORMCHECKBOX are FORMCHECKBOX are not attached.
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF QUOTATION |
a. NAME OF QUOTER
SIGN QUOTATION
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or Print) |
| b. TELEPHONE |
c. COUNTY
PHONE:
| d. CITY |
| e. STATE |
| f. ZIP |
| c. TITLE (Type or Print) |
| FAX: |
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 18 (Re. 6-95)
Previous edition not usable
Prescribed by GSA- FAR (48CFR) 53.215-1(a)
INSTRUCTIONS AND EVALUATION
A. Delivery is FOB DESTINATION. Delivery is required within 30 Days After Receipt of Order (ARO) or Better. However, if you can deliver sooner, please indicate your best delivery time_______________.
B. The Item Purchase Descriptions (IPD) National Stock Number (NSN) 7210-00-761-1470 can be found on pages 5 through 10.
C. If responding to this request for quotation complete and return the entire package. If you wish to “No Quote,” please indicate and return page 1 only. When responding to this RFQ, you may submit the entire document via fax or email. The fax or email must be received by the closing date and time. In addition, the completed original version must be received before award at the following address:
GSA, Federal Acquisition Service (FAS)
Fire and Industrial Acquisition Branch Attn: Denise Robinson (QSDLAC-D9)
819 Taylor Street, Room 6A00
Fort Worth, TX 76102-6105
D. Evaluation Factors:
(1) Lowest Evaluated Price: . The low aggregate offeror will be determined by multiplying the unit price submitted on each item by the quantity specified, and adding the resultant extensions
(2) Technical Acceptability: Technical acceptability is defined as the offered item meeting the Government’s requirements listed in the Item Purchase Descriptions and compliance with the required delivery schedule.
E. SUPPLEMENTAL DOCUMENTATION REQUIRED: FAR 52.212-1, Instructions to Offerors, (Jun 2008) is incorporated by reference. Replace SF 1449 referenced in this provision with the SF18. FAR 52.212-1(h) is deleted. FAR 52.212-1(b) is supplemented with the following addenda.
FAR 52.212-1, Instructions to Offerors – Commercial Items (June 2008) is incorporated by reference. This clause is tailored in paragraph (b) Submission of Offers to specify that the following information of commitment letter and product literature is required with offers in addition to the filled out RFQ. Paragraph (h) is replaced with a single agreement will be issued as a result of this RFQ.
1. Technical Description. Provide a statement from your firm that the items offered conform to the Item Purchase Descriptions.
2. Commitment Letters. If the offeror is not the manufacturing production and/or inspection point, please provide a letter of commitment from each manufacturing production and inspection point. The commitment letters must be typed on the supplier’s letterhead, dated, and address the following:
1. Reference the solicitation number QSDLA-D9-11-1291-SQ
2. The commitment letter must be signed by an officer of the company who is authorized to commit their company in this matt, title of the signee, a direct telephone number and e-mail address
2. A statement of conformance to the item purchase description including packaging, marking and palletization requirements;
3. A statement that the supplier will provide the entire 6-month quantity and can meet the delivery time required of 30 days ARO;
4. A statement as to the country of origin of the item;
The Government will be awarding a Standing Price Quotation Agreement to the offeror whose offer conforms to the solicitation, and is determine the lowest (aggregate) price, technically acceptable offer. To be technically acceptable, the item must meet the Item Purchase Description.
If the letter does not address these things your offer may not be considered for evaluation.
(* 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 # QSDLA-D9-11-1291-SQ Dated: 2/1/11, Fill In:
A. Taxpayer Identification Number (TIN):
B. Data Universal Numbering System (DUNS):
C. Point of Contact:
Phone Number:
Fax:
E-Mail Address:
D. Supplier Name*:
Point of Contact*:
Supplier DUNS*:
Supplier TIN*:
NOTE****FAILURE TO PROVIDE ALL REQUIRED DOCUMENTATION AT TIME OF OFFER WILL RESULT IN YOUR OFFER NO LONGER BEING EVALUATED OR CONSIDERED FOR AWARD.
SCHEDULE OF ITEM
This is only a request for pricing. An order will be issued pursuant to the evaluation of the offers received. DO NOT SHIP!
STANDING QUOTE,
Aggregate for all items 1a & 1b NSN 7210-00-761-1470 MATTRESS Cover NAICS: 314129
Item
No.
Destination
| Brand Name and Part Number Being Offered |
| Est’d |
Orders
12-mo Est’d
12 mo Qty
| Unit of Issue |
| Unit Price |
| Total |
(12-mo Est’d Qty x Unit Price)
| 1a |
| BURLINGTON, NJ (N3) |
NSN: 7210-00-761-1470
MATTRESS Cover IPD Attached
| 11 |
| 2,960 |
| PG |
| 1b |
| FRENCH CAMP, CA (S3) |
NSN: 7210-00-761-1470
Mattress Cover IPD Attached
| 1 |
| 1,116 |
| PG |
Item
Nos.
Destination
Extended Aggregate Price
| 1a & 1b |
| Burlington, NJ (N3) and French Camp, CA (S3) |
| $___________ |
Award will be in the aggregate, adding the resultant extension:
Country of Origin (Country in which the item is manufactured): ________________
Manufacturer's Name ______________ Brand _____________________ Model or Part No. ______________ Dated: 1/20/2011
(NSN: 7210-00-761-1470
COVER, MATTRESS: Shall be plastic cover(s) intended for protection of mattresses used in hospitals; capable of protecting mattresses from soiling and staining from body excretions or secretions including blood, saliva, perspiration, and oil; and shall have the following characteristics:
SIZE - 36 -0/+1 inches wide by 81 -0/+1.5 inches long by 6.5 -0/+0.5 inches high, finished size.
MATERIAL AND CONSTRUCTION. The production of the mattress cover shall include all materials and processes necessary to make a functional, durable finished cover meeting the requirements stated herein. The cover shall be made of a single panel of vinyl film. The vinyl film shall be white or clear with a brushed silk texture embossed on one side; shall have antibacterial, anti-fungal, and flame retardant additives appropriate to the end use and common to this product in accordance with industry practice and shall not cause skin sensitivity or irritation. The vinyl film shall have a thickness of 0.006 inch (0.152 mm) ( 10% and a specific gravity of 1.32 ( 0.02. The embossed surface of the vinyl shall be on the outside of the cover.
The mattress cover shall have box-shaped corners. All seams shall be impermeable to fluid and sealed 1/2 inch (1.3 cm), minimum, from the cut edge. The cover shall close at one end with a slide fastener. The slide fastener shall be non-separating, single action, with a stop on each end. The minimum slide fastener chain length shall be 47 inches. The slide fastener shall be centered at one end of the cover and shall extend across the end of the cover and down each side a minimum of 6 inches (15.2 cm). Either a minimum of one non-corrosive eyelet having a 1/4 ( 1/16 inch (0.6 ( 0.16 cm) diameter hole shall be attached and centered vertically near the end of the slide fastener on each side for air ventilation or the slide fastener shall allow for air ventilation. The slide fastener may be set into a separate panel of vinyl film which is then centered on the open end of the mattress cover and sealed to the cover.
FLAMMABILITY. The cover shall meet the flammability requirements in the Flammable Fabrics Act, Code of Federal Regulations - 16 CFR Ch. II, Part 1611, Standard for the Flammability of Vinyl Plastic Film. Copies of the Code of Federal Regulations are available from Superintendent of Documents, US Government Printing Office, Washington, DC, 20402.
LABELING. Each package of covers shall be labeled with the following information. The marking shall be well defined and clearly legible.
a) Item, dimensions, material content, and National Stock Number.
b) Care instructions appropriate for the cover.
c) Manufacturer’s name or trademark may be added to the label, at the manufacturer’s option.
SPECIAL MARKING. Each package of covers shall be labeled with the following special marking: CAUTION: DO NOT USE IN OXYGEN TENTS OR NEAR FLAMMABLE GASES AND ANESTHETICS.
UNIT OF ISSUE: The unit of Issue shall be PG (package of six (6) mattress covers).
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.
MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.
PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed 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.
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 are found at http://www.aphis.usda.gov/ppq/swp/. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.
END OF ITEM PURCHASE DESCRIPTION)
52.252-2
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 now accessible on-line. The address for the FAR is http://www.arnet.gov.far and the address for GSAM is http://www.arnet.gov/GSAM/gsam.html .
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) 52.212-1 INSTRUCTIONS TO OFFERORS (JUN 2008)9.409(b) 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (June 2010) 552.252-6 AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES (Deviation FAR 52.252-6)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (OCT 2010) (ALTERNATE II – OCT 2010) 12.301(b)(4)(ii) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ *______* ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
*___x___*
52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
*____X__* (4) 52.204-10, Reporting Executive Compensation And First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282).(31 U.S.C. 6101 note).
(5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (Jul 2010) (Pub. L. 111-5)
(6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
(7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(8) [Reserved]
(9) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-6.
(iii) Alternate II (Mar 2004) of 52.219-6.
(10)
52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
Alternate I (Oct 1995) of 52.219-7.
Alternate II (Mar 2004) of 52.219-7.
(11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
(12)
52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)).
Alternate I (Oct 2001) of 52.219-9.
Alternate II (Oct 2001) of 52.219-9.
(iv) Alternate III (Jul 2010) of 52.219-9.
(13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
(14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(15)
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
Alternate I (June 2003) of 52.219-23.
(16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
(19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2007) (15 U.S.C. 632(a)(2)).
*____X__* (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
*__X____* (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
*___X___* (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
(23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
*__x__* (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
*___x___* (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(28)
52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(30)
52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
Alternate I (Dec 2007) of 52.223-16.
(31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
(32)
52.225–3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, and 110–138).
Alternate I (Jan 2004) of 52.225-3.
Alternate II (Jan 2004) of 52.225-3.
(33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
(40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
(41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
(42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(43)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]
52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to--
Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
Interview any officer or employee regarding such transactions.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than--
Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(B) 52.203–15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111–5).
(C) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).
(E) 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(F) 52.222–36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(G) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(H) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
(I) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(J) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(K) 52.222-54, Employment Eligibility Verification (Jan 2009).
(L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(M) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.225-3 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT (JUN 2009) 25.1101(b)(1)(i) (a) Definitions. As used in this clause--
Bahrainian, Moroccan, Omani, or Peruvian end product means an article that--
Is wholly the growth, product, or manufacture of Bahrain, Morocco, Oman, or Peru ; or
In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Morocco, Oman, or Peru into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
Component means an article, material, or supply incorporated directly into an end product.
Commercially available off-the-shelf (COTS) item--
Means any item of supply (including construction material) that is-
A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
Sold in substantial quantities in the commercial marketplace; and
Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.
Cost of components means--
For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Domestic end product means--
An unmanufactured end product mined or produced in the United States;
An end product manufactured in the United States, if--
The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
The end product is a COTS item.
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Foreign end product means an end product other than a domestic end product.
Free Trade Agreement country means Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore.
Free Trade Agreement country end product means an article that--
Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or
In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
Israeli end product means an article that--
Is wholly the growth, product, or manufacture of Israel; or
In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.
United States means the 50 States, the District of Columbia, and outlying areas.
Components of foreign origin. Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(c) Delivery of end products. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for an end product that is a COTS item (See 12.505(a)(1)). In addition, the Contracting Officer has determined that FTAs (except the Bahrain, Morocco, Oman, and Peru FTAs) and the Israeli Trade Act apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled ``Buy American Act--Free Trade Agreements-- Israeli Trade Act Certificate.' If the Contractor specified in its offer that the Contractor would supply a Free Trade Agreement country end product (other than a Bahrainian, Moroccan, Omani, or Peruvian end product) or an Israeli end product, then the Contractor shall supply a Free Trade Agreement country end product (other than a Bahrainian, Moroccan, Omani, or Peruvian end product), an Israeli end product or, at the Contractor's option, a domestic end product.
(d) United States law will apply to resolve any claim of breach of this contract.
52.225-4 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE (JUN 2009) 25.1101(b)(2)(i) (a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.”
The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act - Free Trade Agreements - Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:
| Line Item No. |
| Country of Origin |
(List as Necessary)
The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American Act - Free Trade Agreements - Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
| Line Item No. |
| Country of Origin |
(List as Necessary)
The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.
CLAUSES – ADDENDA
Packaging and Marking
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.
552.211-76 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.
*The rate to be inserted in the above clause shall be determined by the Commissioner, Federal Acquisition Service, or a designee.
552.211-77
PACKING LIST (FEB 1996)
(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of consignor; (2) Name and complete address of 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-462
MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)
In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.
D-FSS-468
NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (MAY 2004) FSS A/L FC-01-3
Definitions:
“Packaged material, and Solid Wood Packing Material (SWPM),” for purposes of this clause, is defined as each separate and distinct material that by itself or in combination with other materials forms the container providing a means of protecting and handling a product. This includes, but is not limited to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids.
“Non-Manufactured wood,” is also called solid wood and defined as wood packing other than that comprised wholly of wood-based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof.
IPPC Country: Countries of the European Union (EU) or any other country endorsing the International Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging Material in International Trade,” approved March 15, 2002. A listing of countries participating in the IPPC is found at http://www.aphis.usda.gov/ppq/swp/.
Non-manufactured wood pallets and other non-manufactured wood packaging material used to pack items for delivery to or through IPPC countries must be marked and properly treated in accordance with IPPC guidelines.
(c) This requirement applies whether the shipment is direct to the end user or through a Government designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused entry, destroyed or treated prior to entry.
(d) For Department of Defense distribution facilities or freight consolidation points, all non-manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLA PROCLTR 02-17 (available at http://www.dla.mil/j-3/j-336/ProcLtrs/02-17.pdf), and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).
(e) Pallets and packing material shipped to FSS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLA PROCLTR 02-17, and MIL-STD-2073-1.
(f) Delays in delivery caused by non-complying pallets or wood package material will not be considered as beyond the control of the Contractor. Any applicable Government expense incurred as a result of the Contractor’s failure to provide appropriate pallets or package material shall be reimbursed by the Contractor. Expenses may include the applicable cost for repackage, handling and return shipping, or the destruction of solid wood packaging material.
11.107(a) Inspection and Acceptance
E-FSS-514
PRODUCTION AND INSPECTION POINT(S) (JUN 1990)
(a) Production Point. Offeror shall insert, in the appropriate spaces provided below, the names of the manufacturers of the items offered and the address and telephone number of the facility(ies) at which the items will be manufactured or produced.
Source Inspection Point. Offeror shall indicate, in the spaces provided below, the location(s) at which the supplies will be inspected or made available for inspection. If the addresses of the respective production and inspection points are identical, the offeror should insert "same" in the inspection point column.
PRODUCTION POINT—
INSPECTION POINT
ITEM
NAME OF
NAME, ADDRESS
(If other than
NO(S).
MANUFACTURER
(Including County), and Production Point)
TELEPHONE NUMBER
NOTE: If additional space is needed, the offeror may furnish the requested information by an attachment to the offer.
E-FSS-522
INSPECTION AT DESTINATION (MAR 1996)
(a) Inspection by the Government. It is anticipated that the supplies purchased under this contract will be inspected at destination by the Government to ensure conformance with technical requirements as specified herein.
(b) Responsibility for Rejected Supplies. If, after due notice of rejection, the Contractor fails to remove or provide instructions for the removal of rejected supplies pursuant to the Contracting Officer's instructions, the Contractor shall be liable for all costs incurred by the Government in taking such measures as are expedient to avoid unnecessary loss to the Contractor. In addition to any other remedies which may be available under this contract, the supplies may be stored for the Contractor's account or sold to the highest bidder on the open market and the proceeds applied against the accumulated storage and other costs, including the cost of the sale.
(c) Additional Costs for Inspection and Testing. When prior rejection makes reinspection or retesting necessary, the following charges are applicable. When inspection or testing is performed by or under the direction of GSA, charges will be at the rate of $62.06 per hour if the inspection is at a GSA distribution center; $62.06 per hour, plus travel costs incurred, if the inspection is at another location; and $62.06 per hour for laboratory testing, except that when a testing facility other than a GSA laboratory performs all or part of the required tests, the Contractor shall be assessed the actual cost incurred by the Government as a result of testing at such facility. When inspection is performed by or under the direction of any agency other than GSA, the charges indicated above may be used, or the agency may assess the actual cost of performing the inspection and testing.
Deliveries or Performance
52.211-16 VARIATION IN QUANTITY (APR 1984) 11.703(a) (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
The permissible variation shall be limited to:
* 0 * percent increase on Direct Delivery Orders (other than GSA Depots), and 3 percent increase on deliveries to GSA Depots.
* 0 * percent decrease on Direct Delivery Orders (other than GSA Depots), and 3 percent increase on deliveries to GSA Depots.
This increase or decrease shall apply to the quantities specified in each order issued under any contract resulting from this solicitation.
F-FSS-200-A
DELIVERY—F.O.B. DESTINATION (JUN 1995) 47.303-6
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.
552.211-94 TIME OF DELIVERY (JAN 2010) 511.404(d) An ‘‘X’’ mark in the left hand block shall be considered a mandatory requirement to be fulfilled by the contractor.
X
X
X The Contractor will ship contract item(s) to the Federal Acquisition Service (FAS) stocking points identified in the delivery order at its discretion in order to maintain the required stock levels within the minimum and maximum requirements provided in the weekly status report.
Delivery is required to be made at destination within *__30__* calendar days after receipt of order for deliveries to a GSA facility. Orders under this contract may require direct delivery to other agencies.
Orders for direct delivery must be shipped and delivered within the time specified in blocks below.
Shipment must be made with *_____* days after receipt of order.
In addition to block above the Contractor must also ensure that delivery will be made within *_30_* days after receipt of order.
F-FSS-300
SCHEDULING OF DELIVERIES TO GSA FACILITIES (FEB 2005)
(a) General: This clause sets forth the scheduling requirements regarding deliveries to the General Services Administration (GSA) facilities listed below. When the advance scheduling of delivery time is required or desired, the Contractor is advised that there may be an interval of up to 5 workdays between the time the consignee is contacted for a delivery date and the date the consignee is able to receive the shipment. Consequently, to allow for the establishment of a delivery date and the time that is agreeable to both the consignee and the carrier, the carrier should be urged to communicate with the consignee as soon as practicable after it is known when the shipment will be available for pickup. For all Distribution Center shipments and in the interest of effective and efficient deliveries, information such as National Stock Numbers (NSN), Delivery/Purchase Order numbers, quantity of cartons/pallets, and Uniform Product Codes are required when pre-scheduling deliveries. Deliveries are not accepted on weekends or Federal holidays (except when scheduled in advance during national emergencies). All times specified in this clause are local times.
(b) Eastern Distribution Center:
(1) Large-Load Shipments: For the purpose of this clause, a shipment consisting of ten or more palletized unit loads, or, if the supplies are not palletized, a shipment weighing 10,000 pounds or more, or measuring 500 cubic feet or more, when transported by a single conveyance, is regarded as a "large-load" shipment.
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