02_VendorResponse_65IIA_R10_20190308.docx

02 - VENDOR RESPONSE DOCUMENT

ALL OFFERORS MUST COMPLETE THIS DOCUMENT.

PLEASE PAY ATTENTION TO THE APPLICABILITY NOTES

PROVIDED IN THE TABLE OF CONTENTS

AND AT THE BEGINNING OF EACH

OF THE FOUR SECTIONS OF THIS DOCUMENT.

PLEASE UTILIZE THE CHECKLIST

AT THE END OF THIS DOCUMENT.

TABLE OF CONTENTS

VENDOR RESPONSE: All offerors must complete this section.

SIN A-200 – ADDITIONAL REPRESENTATIONS/REQUIREMENTS (Nov 2018):

Only offerors of SIN A-200 should complete this section. 39

COMMERCIAL SALES PRACTICES: All offerors must complete this section.

PAST PERFORMANCE EVALUATION: Only complete this section if this is a new Federal Supply Schedule (FSS) offer and you do not have a current FSS contract with either General Services Administration (GSA) or Department of Veterans Affairs (VA).

Contractor Past Performance References 49 SMALL BUSINESS SUBCONTRACTING PLAN: Only complete this section if you are classified as an “other than small business” (or are affiliated with an other than small business) and your offer will be valued in excess of $700,000 for the ten year contract period including the base and all option periods.

SIGNATORY AUTHORITY FOR OFFERS AND CONTRACTS / COMPANY INFORMATION

The purpose of this document is to clearly identify who has been delegated the authority to sign your Federal Supply Schedule (FSS) offer or contract on behalf of the named firm as well as identify pertinent company information. Pursuant to our policy, the only person(s) with the ability to delegate authority is an officer of the company. Therefore, please list the officers of the company in block 6 of the form. In block 7, please list those persons to whom authority has been delegated to sign, negotiate and/or administer your Federal Supply Schedule (FSS) offer or contract. Finally, blocks 15, 16, 17 must be signed by an officer of the company (individual listed in block 6) in order for our office to accept the authority. If you require additional space, you may use a properly titled attachment.

NOTE: All items must be completed; insert N/A if information is not applicable.

5. COMPANY INFORMATION

A. NAME

B. STREET ADDRESS

C. CITY

D. STATE

E. ZIP CODE

6. NAMES OF OFFICERS, OWNERS, OR PARTNERS

A. PRESIDENT

B. VICE PRESIDENT

C. SECRETARY

D. TREASURER

E. OTHER OFFICERS, OWNERS OR PARTNERS (add attachments if necessary)

7. PERSONS AUTHORIZED TO SIGN OFFERS AND CONTRACTS ON BEHALF OF THE COMPANY (Indicate if Agent)

8. BUSINESS INFORMATION (Refer to FAR 52.212-1(a), 19.101 and 19.102)

A. SIZE OF BUSINESS

|_| SMALL BUSINESS (Complete block 9)

|_| OTHER THAN SMALL BUSINESS

B. AVERAGE NUMBER OF EMPLOYEES

(Including affiliates) FOR THE PRECEDING 12 MONTHS C. AVERAGE ANNUAL COMPANY SALES OR RECEIPTS (Including affiliates) FOR PRECEDING THREE (3) FISCAL YRS $

|_| DISADVANTAGED

|_| WOMEN-OWNED

|_| HUBZONE

|_| VETERAN-OWNED

|_| SERVICE DISABLED VETERAN-OWNED

|_| 8(A)

|_| MANUFACTURER / PRODUCER

|_| DEALER

|_| DISTRIBUTOR

|_| SERVICE ESTABLISHMENT

|_| RESELLER

TAX IDENTIFICATION NUMBER:

DUNS:

A. MANUFACTURING

B. WAREHOUSE

A. DATE

B. AMOUNT

CERTIFICATION -- I certify that information supplied herein (including all pages attached) is correct and that neither the company nor any person (for concern) in any connection with the company as a principal or officer, so far as it known, is now debarred or otherwise declared ineligible by any agency of the Federal Government from making offers for furnishing materials, supplies, or services to the Government or any agency thereof.

17. DATE SIGNED

09/2018

AGENT AUTHORIZATION (MAR 2018)

This letter is to be used in conjunction with solicitation clause K-FSS-1, Authorized Negotiators, to authorize a third-party agent to act on your company’s behalf in matters relating to your VA FSS proposal/contract. The form of this letter permits you to delineate agent roles and to limit those roles as needed. This letter shall only be signed by an officer, owner, or partner of the offeror/contractor who is listed on the offeror/contractor’s Signatory Authority Form.

For solicitation/contract number , the undersigned offeror/contractor hereby authorizes the below agent(s) to act as agent(s) for said offeror/contactor with said specific authority delegated from the contractor to the agent(s). The authority of the agent(s) is limited to exact and specific delegations.

AGENT INFORMATION

Agent Name:

Company Name:

Company Address:

Phone Number:

AGENT AUTHORITY

|_|Pre-Award |_|Post-Award - Signatory Authority |_|Pre-Award |_|Post-Award - Negotiate Changes |_|Pre-Award |_|Post-Award - Contract Administration |_|Pre-Award |_|Post-Award - Other:

AGENT INFORMATION

Agent Name:

Company Name:

Company Address:

Phone Number:

AGENT AUTHORITY

|_|Pre-Award |_|Post-Award - Signatory Authority |_|Pre-Award |_|Post-Award - Negotiate Changes |_|Pre-Award |_|Post-Award - Contract Administration |_|Pre-Award |_|Post-Award - Other:

DURATION OF AUTHORITY

|_| Agent authority valid until revoked.

|_| Agent authority valid for the following period:

Signature of Offeror/Contractor (wet signature required): ___________________________________

02– Vendor Response Document

RFP-797-FSS-99-0025-R10

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 17 & 30

1. REQUISITION NUMBER

N/A PAGE 1 of

2. CONTRACT NO.

RFP-797-FSS-99-0025-R10

6. SOLICITATION ISSUE

DATE: 3/8/2019

FEDERAL SUPPLY SCHEDULE HELPDESK

10. THIS ACQUISTION IS:

VA NATIONAL ACQUISITION CENTER

FEDERAL SUPPLY SCHEDULE SERVICE 003B6B

PO BOX 76, BLDG 37

HINES, IL 60141

|X| UNRESTRICTED - OR

|_| SMALL BUSINES

|_| HUBZONE SMALL BUSINESS

|_| SERVICE DISABLED VETERAN OWNED SMALL BUSINESS

|_| SET ASIDE _% FOR:

|_| WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

|_| EDWOSB |_| 8(A)

Size Standard: See page 17 for NAICS codes and size standards under this solicitation.

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

See Summary of Award

14. METHOD OF SOLICITATION

FACILITY

CODE

TELEPHONE NO.

BELOW IS CHECKED |_| SEE ADDENDUM

FSC CLASS

6510, 6515, 6530, 6532, 6540, 6545, J065 FSC Group 65, Part II, Section A Medical Equipment and Supplies

SEE CONTINUATION OF SF-1449 FOR SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

7974537B0161441V36122002580

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

ESTIMATED VALUE $

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: See Summary of Award.

30a. SIGNATURE OF OFFEROR/CONTRACTOR (wet signature)

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_|RECEIVED |_|INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 19-21, SCHEDULE OF ITEMS

$ 44,932,812

(d) Other Urinary Supplies (including urometers, flowmeters, etc.; excluding urine test strips)

$ 8,918,732

A-29

Intentionally Left Blank

$ 9,726,600

(a) Disposable

339113

339113

339113

339113

339113

339113

A-94

Note: When a VA National Contract is awarded, items that are the same or similar and appear on the FSS may be unavailable from the FSS for those ordering activities that are mandatory users of the awarded National Contract. Government agencies that participate in a national committed use contract are required to purchase the products awarded on the national contract from the national contractor. Although Government agencies participating in the national contract would not be permitted to purchase the same or similar items from FSS contracts without a waiver issued by the ordering activity, any FSS contractor may maintain these items on its FSS contract for sale to all other authorized users of the schedule.

SCOPE OF SOLICITATION (NOV 2018)

The Federal Supply Schedule (FSS) program is also known as the GSA Schedules Program or the Multiple Award Schedule (MAS) Program. The FSS program is directed and managed by GSA and provides Federal agencies with a simplified process for obtaining commercial supplies and services at prices associated with volume buying. Indefinite-delivery, indefinite quantity contracts are awarded to provide supplies and services at stated prices for given periods of time. GSA has delegated authority to the VA to manage the Schedules for medical supplies under the VA FSS program.

This solicitation is issued to establish contracts which may be used on a nonmandatory basis by eligible users, as a source of supply for the supplies or services described herein, for domestic and/or overseas delivery. At a minimum, contract holders are required to deliver their products within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. Offerors who cannot provide the required geographic coverage will not be considered for award. This solicitation further requires that offered prices cover delivery to destinations (i.e. F.O.B. destination) located within the 48 contiguous states and the District of Columbia. Offerors can choose whether or not prices cover delivery f.o.b. destination to Alaska, Hawaii, and the Commonwealth of Puerto Rico. Additionally, the solicitation defines the number of calendar days after receipt of order (ARO) within which delivery must be made.

Special Item Numbers (SINs): FSS solicitations set forth broad categories of accepted products/services, referred to as Special Item Numbers (SINs), listed in the Continuation of SF1449 in Vendor Response Document 02. Offerors are not required to submit their entire catalog of products/services but are free to choose which items they will offer as long as those items fall within one of the solicitation’s pre-defined SIN categories. Items that do not fall within one of these SINs are considered to be out of scope of the solicitation and cannot be awarded. An item’s acceptability under the schedule may be further restricted by clause 52.225-5 Trade Agreements, limitations on certain types of commercial items, and a determination of fair and reasonable pricing.

Please be advised of the below restrictions applicable to this schedule for specific SINs/types of products.

· Glucose Monitoring Products: Glucose monitoring equipment, such as blood glucose monitoring (BGM) units and continuous glucose monitoring (CGM) units, no longer fall within the scope of this schedule. All types of glucose monitoring products, including accessories and consumables, fall under Schedule 65 VII, Invitro Diagnostics, Reagents, Test Kits, and Test Sets, new SIN 555-11. Please note that these products do not fall under GSA schedules.

· Low Vision Aids: Although this schedule does not currently have a SIN category which provides coverage for low vision aids, these items may be proposed under SIN A-94 Introduction of New Products/Services pending the addition of a new Low Vision Aids SIN category with specifically defined parameters. We will currently accept low vision aids under SIN A-94 on a case by case basis, at the discretion of the agency, provided that the item is a medical product/device. Please note that this does not include prescription eyewear and reading glasses, nor does it include products covered under GSA’s FSS programs, such as loupes/magnifiers and IT related low vision equipment (which falls under GSA schedule 70, SIN 132 8, subcategory “Equipment for Physically Challenged”).

· Personal Medical Alert Devices: No types of personal medical alert/monitoring devices fall within the scope of this schedule. These fall under GSA schedule 70, SIN 132-8.

· Air Purifiers: Air purifiers and other such air filtration/disinfection equipment do not fall within the scope of this schedule. These fall under GSA Schedule 56, SIN 563 27.

· Pool Lifts: Pool lifts do not fall under SIN A-76 Patient Lifts nor SIN A-77 Patient Transfer Apparatus. These fall under GSA Schedule 51V, SIN 105 002 and GSA Schedule 78, SIN 192 19.

· Home Diagnostic Testing: Home diagnostic tests do not fall within the scope of this schedule. Tests, test kits, and test sets fall under schedule 65 VII, Invitro Diagnostics, Reagents, Test Kits, and Test Sets. Be advised that currently there is no provision for home diagnostic testing/monitoring services under any VA schedule.

· Medical IT: This schedule only permits medical IT products/systems where the purpose of the product/system is for medical treatment/diagnosis. No line items will be awarded under this schedule for which the product is of a general IT nature, such as a keyboard, monitor, tablet, etc. These types of general IT items would only be permissible under this schedule when provided as an integral part of a medical IT system being offered. Additionally, laptops/tablets pre-loaded with medical therapy software should only be capable of operating the installed software (i.e. not be a general use laptop/tablet with pre-loaded medical therapy software). All non-permissible IT items fall under GSA schedule 70.

· Lease/Rental: This schedule does not permit leased items. Rental items may be proposed provided that the following conditions are met: 1) The offeror rents such items commercially in the normal course of business; 2) The proposed rental term of any task order does not exceed 12 months; and 3) The offeror must negotiate in good faith a rental agreement at the task order level with such agreement adhering to the parameters set forth in the “General Terms and Conditions Applicable to Rental” section of Solicitation Document 01. When proposing rental items, the offeror must clearly identify the item as a rental in the Name/Product Description column of the price proposal spreadsheet (Document 03) and must state the period for the rental (e.g. “daily rental”, “monthly rental”, etc.).

New Items vs. Refurbished or “Grey Market Goods” Note: This section does not apply to rental items.

This solicitation is for the award of new items only. The Contractor shall provide only new equipment and new parts for the required products described herein. Absolutely no “grey market goods” or refurbished products shall be provided under any delivery order. Grey market goods are defined as genuine branded goods sold outside of an authorized sales-territory (or by non-authorized dealers in an authorized territory) at prices lower than being charged in authorized sales territories (or by authorized dealers). All equipment must be covered by the manufacturer’s warranty.

Trade Agreements Act The Trade Agreements Act is applicable to all Schedules. In exercising its authority under FAR Part 25, Foreign Acquisition, purchases by Ordering Activities are restricted to either U.S.-made or designated country end products. A U.S.-made product can be either 1) an article that is mined, produced, or manufactured in the United States, or 2) an article that is substantially transformed in the United States 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. It is the offeror’s responsibility to verify that all offered products are U.S. made or designated country end products as defined in clause FAR 52.225-5. When an item consists of components from various countries and the components are assembled in a designated country, the test to determine country of origin is substantial transformation (see FAR 25.001(c)(2)). Offerors requiring a determination on substantial transformation can go to the US Customs and Border Protection (CBP) Office of Regulations and Rulings. For the purposes of services, origin is determined by the country in which the firm providing the service is established, not the location at which the services are performed.

Commercial Items - Limitations Per GSA regulations at 538.271(a), MAS awards are for commercial items as defined in FAR 2.101. Certain types of “custom” items fall under this definition as modified commercial items. For example, FSS accepts configurable items, such as configurable wheelchairs, and custom count items, such as pharmaceutical tablets packaged in quantities specifically for the Government. FSS, however, has made a business decision not to award contracts for the following:

· Custom Packs

· Non-Configurable Custom Products Made to Individual Specifications, including, but not limited to, such items as custom orthotics, custom dental products, and prescription eyeglasses.

Additionally, per the commercial item definition at FAR 2.101, FSS cannot award contracts to installation, maintenance, and repair service companies who do not also provide similar services to the general public (i.e. Government only service providers).

FDA Regulatory Requirements Offerors of products classified as medical devices by the U.S. Food and Drug Administration shall be in compliance with the Federal Food Drug and Cosmetic (FD&C) Act, as amended, and regulations promulgated there under (codified in 21 CFR Parts 800-1299). Offerors of medical devices not in compliance with these regulations shall not be considered for award under this solicitation.

Notice of Additional Requirements - Ordering Level In addition to the terms and conditions set forth in this solicitation, the contractor may, in the performance of orders issued under this contract, be responsible for further requirements at the ordering level. For more information on these potential, additional requirements, please see the note in Solicitation Document 01 after FAR clause 52.216-18 Ordering.

Please note that the VA does not promote the use of any company’s specific Schedule contract. Vendors should be aware that obtaining a VA Schedule contract is not a guarantee of sales. Vendors awarded a VA Schedule contract will need to market their supplies and services to Government customers as they would to commercial customers. A listing of eligible schedule users can be found at on GSA’s website at http://gsa.federalschedules.com/resources/eligible-gsa-schedule-users/.

B-FSS-96 ESTIMATED SALES (NOV 1997)

Note: Estimated sales figures for each SIN are based on annual total sales for domestic and overseas under the FSS program and thus reflect sales to multiple vendors under each SIN.

The "Estimated Sales" column of the Schedule of Items shows (1) a twelve-month reading of purchases in dollars or purchases in units as reported by the previous Contractor(s), or (2) estimates of the anticipated dollar volume where the item is new. The absence of a figure indicates that neither reports of previous purchases nor estimates of sales are available.

(d) If the Contractor has an existing Multiple Award Schedule contract, the Government may, at the sole discretion of the Contracting Officer, modify the existing contract to include the INSP/SIN item in accordance with 552.238-81, Modification (Federal Supply Schedule).

BUSINESS SIZE DETERMINATION & NAICS CODE DESIGNATION (AUG 2017)

The Small Business Administration (SBA) has established numerical definitions, or “size standards,” for all for-profit industries based upon NAICS codes. Size standards represent the largest size that a business (including its subsidiaries and affiliates, both foreign and domestic) may be in order to be classified as a small business concern.

The NAICS codes that have been identified as being applicable to this solicitation are listed below along with their corresponding size standards (effective as of 2/26/2016). Due to regulatory restrictions, wholesaler NAICS codes are not used for Government procurement purposes. For the procurement of supplies, only manufacturer NAICS codes are used. This does not preclude a dealer or distributor from submitting a proposal under the solicitation. If you are a nonmanufacturer (e.g. wholesalers, dealers, distributors, and resellers), then the applicable size standard is 500 employees as specified in FAR 52.212-1(a).

A business may qualify as a small business under some NAICS codes and as an “other than small” business under other NAICS codes. However, in order to be recognized as a small business at the base FSS contract level, you must qualify as a small business under each NAICS code representing your product/service offerings. You may be required to represent your size status at the delivery or task order level based upon the NAICS code(s) applying to the items/service specific to that order. For the purposes of this solicitation proposal, please complete the following three designation sections.

Select the NAICS code(s) representing each category of your product/service offerings, and select from the dropdown menu if you are a manufacturer, non-manufacturer, or both for applicable NAICS code(s).

|_| 339112 Surgical & Medical Instrument Manufacturing / 1,000 employees |_| 339113 Surgical Appliance & Supplies Manufacturing / 750 employees |_| 334510 Electromedical & Electrotherapeutic Apparatus Manufactg / 1,250 employees |_| 322291 Sanitary Paper Product Manufacturing / 1,500 employees |_| 811219 Other Electronic & Precision Equipment Repair & Maintenance / $20.5 million Select the primary NAICS code which represents the greatest percentage of line items for your offered products/service.

|_| 339112 Surgical & Medical Instrument Manufacturing |_| 339113 Surgical Appliance & Supplies Manufacturing |_| 334510 Electromedical & Electrotherapeutic Apparatus Manufacturing |_| 322291 Sanitary Paper Product Manufacturing |_| 811219 Other Electronic & Precision Equipment Repair & Maintenance Select the primary Federal Supply Code (FSC) which represents the greatest percentage of line items for your offered products/service.

|_| 6515 Medical and Surgical Instruments, Equipment, and Supplies |_| 6510 Surgical Dressing Materials |_| 6530 Hospital Furniture, Equipment, Utensils, and Supplies |_| 6532 Hospital and Surgical Clothing and Related Special Purpose Items |_| 6540 Ophthalmic Instruments, Equipment, and Supplies |_| 6545 Replenishable Field Medical Sets, Kits, and Outfits |_| J065 Maintenance, Repair, and Rebuilding of Equipment – Medical, Dental, and Veterinary Equipment & Supply

552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (JUL 2016, TAILORED)

Note: State Vet Homes with sharing agreements are also included as eligible ordering activities.

(a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic and/or overseas delivery.

(1) Executive agencies (as defined in FAR Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000;

(2) Government contractors authorized in writing by a Federal agency pursuant to FAR 51.1;

(3) Mixed ownership Government corporations (as defined in the Government Corporation Control Act);

(4) Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol).

(5) The District of Columbia;

(6) Tribal governments when authorized under 25 USC 450j(k);

(7) Tribes or tribally designated housing entities pursuant to 25 U.S.C. 4111(j);

(8) Qualified Nonprofit Agencies as authorized under 40 USC 502(b); and

(9) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply.

(b) Definitions. Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories.

(c) Offerors are requested to check one of the following boxes:

|_| Contractor will provide domestic and overseas delivery.

|_| Contractor will provide overseas delivery only.

|_| Contractor will provide domestic delivery only.

(d) The following activities may place orders against Schedule contracts:

(1) State and local government may place orders against Schedule 70 contracts, and Consolidated Schedule contracts containing information technology Special Item Numbers, and Schedule 84 contracts, on an optional basis; PROVIDED, the Contractor accepts order(s) from such activities;

(2) The American National Red Cross may place orders against Federal Supply Schedules for products and services in furtherance of the purposes set forth in its Federal charter (36 U.S.C. § 300102); PROVIDED, the Contractor accepts order(s) from the American National Red Cross; and

(3) Other qualified organizations, as defined in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5152), may place orders against Federal Supply Schedules for products and services determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency; PROVIDED, the Contractor accepts order(s) from such activities.

(4) State and local governments may place orders against Federal Supply Schedules for good or services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack; PROVIDED, the Contractor accepts order(s) from such activities.

(e) Articles or services may be ordered from time to time in such quantities as may be needed to fill any requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point.

(f) (1) The Contractor is obligated to accept orders received from activities within the Executive branch of the Federal Government.

(2) The Contractor is not obligated to accept orders received from activities outside the Executive branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to accept such orders, all provisions of the contract shall apply, including clause 552.232-79 , Payment by Credit Card. If the Contractor is unwilling to accept such orders, and the proposed method of payment is not through the Credit Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept such orders, and the proposed method of payment is through the Credit Card, the Contractor must so advise the ordering activity within 24 hours of receipt of order. (Reference clause 552.232-79, Payment by Credit Card.) Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply.

(g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500 (two thousand, five hundred dollars) during the contract term.

(h) All users of GSA’s and VA’s Federal Supply Schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services. GSA encourages non-Federal users to follow the Schedule Ordering Procedures set forth in the Federal Acquisition Regulation (FAR) 8.4, but they may use different established competitive ordering procedures if such procedures are needed to satisfy their state and local acquisition regulations and/or organizational policies.

I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988)

When requested by the Contracting Officer, if other than the manufacturer, the offeror must submit prior to award of a contract, either (1) a letter of commitment from the manufacturer which will assure the offeror of a source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) evidence that the offeror will have an uninterrupted source of supply from which to satisfy the Government's requirements for the contract period.

NOTE (AUG 2018): The following are the required components of an acceptable letter of supply/commitment:

1. Must be on manufacturer’s letterhead and addressed to the offeror.

2. Must be dated within 90 days of the date the SF1449 was signed by the company (for offers) or the date of the modification request (for product additions under existing FSS contracts).

3. Must not have an expiration date.

4. Must be signed by an officer of the company. Electronic signatures are not accepted. A scanned copy of a wet signature is required.

5. Must reference the solicitation number (new offers) or contract number (for existing contracts).

6. Must contain the phrase that the manufacturer is willing to provide “a source of supply sufficient to satisfy the Government’s requirements for the contract period”.

7. Must contain the statement that products are U.S.-made or designated country end products as defined in 52.225-5 Trade Agreements.

8. Must specifically list each category of product and/or brand name(s) to which the letter applies.

NOTE: The following is a sample letter of supply/commitment:

[Date} [Offeror Name] [Offeror Point of Contact (POC)] [Address] Re: Letter of Supply Dear [Offeror POC]:

This Letter of Supply is in reference to the offer that [Offeror Name] submitted in response to Federal Supply Schedule [enter Solicitation Number if a new offer or contract number of an existing contract].

In the event that [Offeror Name] is awarded a Multiple Award Schedule (MAS) contract under the aforementioned solicitation number, [Manufacturer Name] can assure an uninterrupted source of supply, with sufficient quantities of product, for the duration of the base contract period (or option period). Attached is a list of each product category and/or brand name(s) to which this letter applies.

[Manufacturer Name] understands that all products and services that are offered on MAS contracts must be U.S.-made or designated country end products as defined in 52.225-5 Trade Agreements. As such, all products supplied by [Manufacturer Name] to [Offeror Name] will be compliant with clause 52.225-5 Trade Agreements. You will be notified immediately upon discovery of any changes in the Country of Origin of supplied products.

The person whose signature appears below is authorized to make the commitments noted above.

Sincerely, [Name and title of Authorized Signatory] Must be an Officer of the company Telephone Number of Authorized Signatory

552.211-78 COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB 1996) (TAILORED) NOTE: This clause does not apply to orders placed through a Government Prime Vendor Program or Direct-to-Patient Distribution Program.