RFQ 47QSSC-25-A-1409.docx

47QSSC-25-A-1409

A. The period covered by the Open Market Blanket Purchase Agreement (OM BPA) will begin at the date of award through the expiration date of the subject BPA, not to exceed a twelve (12) month base year with four (4), 12-month option years or $250,000, whichever occurs first. The estimated quantities for the BPA are indicated on page 6.

The item descriptions are on pages 7-9 of this RFQ. Special Item Number (SIN) 327910 will be used for this requirement.

Since demand can fluctuate significantly up OR down due to market conditions, the agreement will be awarded as not to exceed $250,000.00 over the period of performance mentioned above. There is no guaranteed minimum number of orders or quantities under the agreement, and it is possible that orders and quantities could be significantly less than estimated. The BPA will be reviewed at least once a year prior to exercising an option by the Contracting Officer (CO). The CO will address whether (1) the BPA still represents the best value; and (2) the estimated quantities/amounts have been exceeded and additional price reductions can be obtained and will secure approval of competition.

B. The estimated total quantities listed in the schedule of items were retrieved from historical data and represent NO GUARANTEE to the volume of purchases to be placed under any resulting Purchase Order (PO).

C. In accordance with FAR 13, evaluations may be based on one or more of the following: Technical acceptability and Price. See pages 21-22.

D. The Schedule of Items is to be used in submitting price quote information. Provide the unit price per the unit of issue shown and extend the sum, including freight charges as applicable. See page 6.

E. The Item Purchase Descriptions (IPDs) can be found on pages 7-9. It is the quoter's responsibility to provide only items that fully comply with the specifications of the IPDs.

F. This is ONLY a Request for Quotes (RFQ).

G. Price increases, regarding any subsequent BPA, will not be applicable.

H. The Government intends to evaluate quotes and award will be made on initial quotes in aggregate. The Government advises vendors to submit their best terms and prices in their initial quote. Subsequent quotes will not be accepted after the closing date of this Solicitation.

I. The Government will proceed with issuing a RFQ on SAM.gov to fulfill requirements for GSA’s customers.

J. A foreign corporation that is selected for the award must have an agent who resides in the United States and a physical address (not a P.O. Box) in the United States prior to award of this one time buy. A foreign corporation holding this award must continually maintain a physical address and an agent in the United States so that the government can communicate effectively with the foreign corporation. If you are a foreign corporation, please indicate that you understand this requirement and that you have an agent and a physical address (not a P.O. Box) in the United States. Not providing this assurance in your quote or not having these resources located in the United States will lead to finding your quote noncompliant and it will no longer be considered for award.

Signature Date

K. When responding to this RFQ, the entire, completed document is required. Vendors are responsible for submitting completed quotes, so as to reach the Government office designated in the RFQ by the date specified on the SF 1449. If a quote is received later than the exact date specified in block 8 of the SF 1449, it will be considered “late” and will not be considered for award.

L. There will be no minimum order amount under this BPA.

M. National Stock Numbers (NSN) 5345-00-243-6086 and 5345-00-224-6595 will be awarded with Free on Board (FOB) Destination pricing to all CONUS/OCONUS locations.

N. SUPPLEMENTAL DOCUMENTATION REQUIRED:

a. DESCRIPTIVE LITERATURE/DRAWINGS. Clear identification is the sole responsibility of the quoter and descriptive literature for ALL products being offered is required at the time of quote. The Government will use this descriptive literature as a means of verifying product compliance with the Item Purchase Descriptions (IPDs). Pursuant to FAR 52.211-6 Brand Name or Equal, if you are quoting an "equal" item, your quote must provide sufficient literature identifying the page and paragraph where the information can be found to show compliance with each salient feature. The Government reserves the right to seek additional information/clarification about the descriptive literature being provided.

**FAILURE TO PROVIDE THE INFORMATION ABOVE, FOR ANY ITEM, MAY CAUSE YOUR QUOTE NOT TO BE CONSIDERED FOR AWARD (SEE DETAILS IN EVALUATION FACTORS FOR AWARD PAGE 20) **.

O. Following is how to obtain specifications:

Commercial Item Descriptions - https://quicksearch.dla.mil Type the document name in the "Document ID" field or document number in "Document Number" field and hit Search.

FED Specs - Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil. Type the document name in the "Document ID" field or document number in "Document Number" field and hit Search.

MIL Specs - Copies of these documents are available from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094 or online at https://quicksearch.dla.mil/. Type the document name in the "Document ID" field or document number in "Document Number" field and hit Search.

ANSI Standards - Application for copies of ANSI standards should be addressed to American National Standards Institue,25 West 43rd Street, 4th floor, New York, NY 10036. Telephone: 212-642- 4900, Fax: 212-398-0023. www.ANSI.org. (ANSI does charge for their services.)

ASTM Standards- Application for copies of ASTM standards should be addressed to ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Telephone: 610-832- 9585, FAX: 610-832-9555. www.astm.org. (ASTM does charge for their services.)

AWWA Standards - Application for copies of AWWA standards should be addressed to American Water Works Association 6666 W. Quincy Ave., Denver, CO 80235.www.AWWA.org. (AWWA does charge for their services.)

NSF Standards - Application for copies of NSF/ANSI standards should be addressed to NSF International, PO Box 130140, 789 N. Dixboro Road, Ann Arbor, MI 48113-0140. www.NSF.org. (NSF does charge for their services.)

UL Standards - Application for copies of UL standards should be addressed to UL Headquarters, 333 Pfingsten Road, Northbrook, IL 60062. www.UL.com. (UL does charge for their services.)

SAE Standards - Application for copies of SAE standards should be addressed to 400 Commonwealth Drive, Warrendale, PA 15096.

Recycled Material - Information related to the EPA's Comprehensive Procurement Guidelines (CPG) for recovered materials can be found at https://www.epa.gov.

Biobased/Bio-Preferred Products - Information related to the USDA's Bio-Based and Bio Preferred program can be found at can be found at https://www.biopreferred.gov/

VOC Products - Information related to the California Air Resources Board Volatile Organic Compounds regulations can be found at https://www.arb.ca.gov/consprod/regs/regs.htm.

DOE Energy Star Products - Information related to the DOE Energy Star products can be found at https://www.energystar.gov/.

Energy-Efficient Products - Information related to Federal Energy Management Program (FEMP) Energy-Efficient products can be found at https://www4.eere.energy.gov/femp/requirements/laws and requirements/energy_star and fem desi gnated products procurement requirements.

Water-Efficient Products - Information related to the Water-Efficient Products can be found at https://www4.eere.energy.gov/femp/requirements/laws and requirements/energy_star and fem desi gnated products procurement requirements.

P. Deliveries to civilian activities: Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

Deliveries to military activities: Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

Q. The awardee will be required to ship direct to Army Post Office (APO) / Fleet Post Office (FPO) addresses and naval vessels when they receive orders that indicate this type of ship to addresses. This is a mandatory requirement.

R. If supplies shipped 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 following rates:

First Hour - $150.00 Each Additional Hour - $70.00

A minimum of two hours is required for each incident, making the minimum charge for remarking $220.00.

The Contractor may 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 rates above shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Service, or a designee.

Signature Date

S. Provisions, Clauses, and Fill-ins located on pages 6-18 require completion by the quoter. Any quote received that is not fully completed or lacks pages may be subject to a determination of non-compliance and may no longer be considered for award.

T. GSA's Order Management Service (OMS) will process orders utilizing Electronic Data Interchange (EDI) or Vendor Portal (VP).

a. EDI provides for fully electronic processing of all ordering transactions.

b. VP provides an internet portal for vendors to retrieve orders and manually input transactional data.

EDI is the preferred business transaction processing method, but vendors with small order volumes and less technical proficiency may use VP for reasons of lower overall costs and/or higher implementation costs for EDI.

Vendors are hereby notified that all new awardees are required to select either EDI or OMS Vendor Portal to interface with GSA Global Supply on receiving orders resulting from their award. EDI is the preferred method of order transmission to our vendors, but OMS Vendor Portal is an acceptable means of transmission. Utilization of these resources also requires the vendor to update the various stages of purchase order processing status in OMS. This is a mandatory requirement. Failure to do so may result in termination of the Purchase Order.

The Vendor is required to review the instructions regarding enrollment in either one of these systems and processes contained in Attachment 1 of this solicitation/RFQ.

Enrollment in either program is required upon award and must be requested no later than 5 days after notification of award. Failure to enroll may cause your award to be cancelled or terminated. For further instructions on how to enroll in either program please contact the following:

EDI: GSAEDI@gsa.gov or EDI Help Desk at 703-605-9444 / Vendor Portal: etoolshelpdesk@gsa.gov or the e-Tools Help Desk at 866-472-9114

U. Vendors shall not mail quotes to GSA. Quotes shall be submitted via email to Kristi.riley@gsa.gov and elisa.saucier@gsa.gov. Questions regarding the RFQ shall be submitted not later than Feb. 14th, 2025 at 3PM CST.

SCHEDULE OF ITEMS

Use the Schedule of Items below to submit your quoted prices. The Total BPA Price will be considered for award.

M-FSS-301-D METHOD OF AWARD (APR 1984)

Award will be made in the aggregate for all items. 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. In order to qualify for an award, prices must be submitted on both items.

TABLE 1: For Open Market Contracts Awarded with FOB Destination Terms

NAICS: 327910

Size Standard: 900 employees

Name, Part No., & Country of Origin

IPD Attached

IPD Attached

Annual BPA Total: $

Total BPA Price (Annual BPA Total X 4 Years): $

* Total unit price for award determination is unit origin price plus the unit transportation costs. Unit transportation costs must be included in the total destination unit price.

Unit Cube:

Unit Cube:

Unit Cube:

Unit Cube:

Unit Cube:

Unit Cube:

Unit Cube:

Unit Cube:

All purchase orders are direct delivery shipments to end users throughout the Continental United States (CONUS) and Outside (OCONUS).

***ALL PAGES MUST BE RETURNED WITH YOUR QUOTE***

DESCRIPTIONS/SPECIFICATIONS

NSN: 5345-00-243-6086

STONE SHARPENING:

Shall be Norton Saint Gobain Abrasives P/N 61463687045 or equal and be in accordance with the following requirements and characteristics:

Type - Un-mounted, not oil impregnated Class - Natural (novaculite) Style - Round edge slip stone Density - Hard (2.30g./cc, min) for slow cutting Length (A) - 4.000-inch Width (B) - 1.750-inch to 2.000-inch Thickness (C)- 0.375-inch to 0.500-inch thick edge Thin edge (D)- 0.125-inch to 0.187-inch thin edge

Unit of issue - PG (ten (10) stones per package)

ASTM E 29 - Standard Practice For Using Digits In Test Data To Determine Conformance With Specifications

Application for copies of ASTM standards should be addressed to ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

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: Marking shall comply with GSAM 552.211.73. Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123.

Marking of supplies for deliveries to military activities domestic and export locations, including forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military Standard 129. The Military Shipping Label (MSL) must show the “Ship To” address as well as the ultimate consignee (Mark for DoDAAC and address) and the Transportation Control Number (TCN).

DATA SUBMISSION: The safety data sheet (SDS) shall be submitted in accordance with the latest revision of Federal Standard No. 313. One copy of the SDS shall be included inside or affixed to the outside of each transport package. If affixed outside the SDS must be placed in a weather resistant envelope. For each SDS data in all 16 sections of the OSHA HazCom/ GHS standards will be required. Regulated material shall be labeled with an OSHA/GHS compliant label to include the following data: (1) Product identifier, (2) Signal Word, (3) Hazard Statements, (4) Pictograms, (5) Precautionary Statements, and (6) Chemical Manufacturer, Importer, or Other Responsible Party information.

PREPARATION FOR DELIVERY: Item(s) packaged and packed for domestic and export shipments to civilian and military activities shall comply with the GSAM provision/Clause 552.211-75 and/or with the latest requirements of ASTM D-3951 Standard Practice for Commercial Packaging; however, compliance to the latest edition of ASTM standard D-3951 is mandatory for General Supplies and Services (GSS) contracts. In the event a pallet or skid is used for shipping, the following notice shall apply:

Wood Packing Material: Packaging and packing of supplies using Wood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third-party logistics providers) shall comply with the requirements in provision/Clause GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export, or the applicable requirements in ASTM D-3951 relative to the WPM. All wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

NSN: 5345-00-224-6595

STONE SHARPENING: Shall be Norton Saint Gobain Abrasives P/N 61463686380 or equal and conform with the listed salient characteristics and manufactured in accordance with the following ANSI and ASTM Industry Specifications:

Type - Un-mounted, oil impregnated Class - Artificial (aluminum oxide) Style - Half round Grit - Fine (280-320) Length - 4.000-inches Width - 0.375-inch Thickness – 0.187-inch

Unit of issue - PG (twenty (20) stones per package)

ANSI B74.18 - Specifications For Grading of Certain Abrasive On Coated Abrasive Products

Application for copies of ANSI standards should be addressed to the American National Standards Institute, 1430 Broadway, New York, NY 10018.

ASTM E 29 - Standard Practice For Using Digits In Test Data To Determine Conformance With Specifications

Application for copies of ASTM standards should be addressed to ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

The documents/specifications referenced in this purchase description shall be the issues in effect on the date of issuance of the invitation for bids or request for proposals. In the event of a conflict between this purchase description and a document referenced herein, this purchase description shall take precedence.

ABRASIVE GRADING: This stone shall be in accordance with the requirements of ANSI B74.18.

ABRASIVE BOND/CONTENT: Shall be bonded together either by a vitrified process or with a non-water soluble and oil resistant adhesive. The minimum abrasive content shall be 65% and the maximum abrasive content shall be 85%.

Durability: The sharpening stones shall possess sufficient strength and bonding to withstand normal service without chipping or breaking and provide good sharpening qualities.

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: Marking shall comply with GSAM 552.211.73. Marking of supplies for deliveries to domestic civilian activities shall comply with the latest edition of Federal Standard 123.

Marking of supplies for deliveries to military activities domestic and export locations, including forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military Standard 129. The Military Shipping Label (MSL) must show the “Ship To” address as well as the ultimate consignee (Mark for DoDAAC and address) and the Transportation Control Number (TCN).

DATA SUBMISSION: The safety data sheet (SDS) shall be submitted in accordance with the latest revision of Federal Standard No. 313. One copy of the SDS shall be included inside or affixed to the outside of each transport package. If affixed outside the SDS must be placed in a weather resistant envelope. For each SDS data in all 16 sections of the OSHA HazCom/ GHS standards will be required. Regulated material shall be labeled with an OSHA/GHS compliant label to include the following data: (1) Product identifier, (2) Signal Word, (3) Hazard Statements, (4) Pictograms, (5) Precautionary Statements, and (6) Chemical Manufacturer, Importer, or Other Responsible Party information.

PREPARATION FOR DELIVERY: Item(s) packaged and packed for domestic and export shipments to civilian and military activities shall comply with the GSAM provision/Clause 552.211-75 and/or with the latest requirements of ASTM D-3951 Standard Practice for Commercial Packaging; however, compliance to the latest edition of ASTM standard D-3951 is mandatory for General Supplies and Services (GSS) contracts. In the event a pallet or skid is used for shipping, the following notice shall apply:

Wood Packing Material: Packaging and packing of supplies using Wood Packaging Material (WPM) on a pallet or skid for export shipments (includes forwarding and container and consolidation points, commercial freight forwarders and third-party logistics providers) shall comply with the requirements in provision/Clause GSAM 552.211.89, Non-Manufactured Wood Packaging Material for Export or the applicable requirements in ASTM D-3951 relative to the WPM. All wood shall be treated and stamped appropriately for export, including the actual pallet or skid, if made of wood.

END OF ITEM PURCHASE DESCRIPTION

Contract Administration Data

Please provide the following information:

Contractors' Data Unique Entity Identifier (UEI) No.: Quoter's Name: Quoter's Phone Number:

Quoter's E-mail:

Contact for Contract Administration:

Offerors are required to designate a person to be contacted for prompt contract administration.

NAME: ___________________________

TITLE: ___________________________

ADDRESS: ________________________

TELEPHONE NO. (____)_____________

47QSSC-25-A-1409

FAX NO. (___)______________________

52.252-1 PROVISIONS INCORPORA TED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this address: The address for the FAR and GSAM is https://www.acquisition.gov

PROVISIONS INCORPORATED BY FULL TEXT:

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and decided that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a federal law within the preceding 24 months.

(End of Provision) BPA Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

THE FOLLOWING FAR CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSES INCORPORATED BY FULL TEXT:

552.211-73 MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefore at the rate specified elsewhere in this contract. This right is not exclusive and is in addition to other rights or remedies provided for in this contract.

552.211-75 ALT I, PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALT I MAY 2003)

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.

552.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) (FAR DEVIATION) (JAN 2023)

(g)(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

(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, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449. (8)

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency.

(End of Clause)

D-FSS-456 PACKAGING AND PACKING (APR 1984)

(a) Packaging. Shall be in accordance with accepted commercial practice.

(b) Packing. Shall be packed to ensure carrier acceptance and safe delivery to the destination in containers complying with rules and regulations applicable to the mode of transportation.

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.

(Including County), and

TELEPHONE NUMBER

INSPECTION POINT

(If other than Production Point)

1.

2.

3.

4.

5.

6.

7.

8.

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 re-inspection or retesting necessary, the following charges are applicable. When inspection or testing is performed by or under the direction of GSA, charges will be at the rate of $22.00 per man-hour or fraction thereof if the inspection is at a GSA distribution center; $26.00 per man-hour or fraction thereof, plus travel costs incurred, if the inspection is at another location; and

$26.00 per man-hour or fraction thereof for laboratory testing, except that when a testing facility other than a GSA laboratory performs all or part of the required tests, the Contractor shall be assessed the actual cost incurred by the Government as a result of testing at such facility. When inspection is performed by or under the direction of any agency other than GSA, the charges indicated above may be used, or the agency may assess the actual cost of performing the inspection and testing.

TIME OF DELIVERY

Delivery is recommended to be made at destination within * 30 * calendar days after receipt of order.

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 sha11 be accomplished via the use of the USPS. Other commercial services sha11 not be used, but this does not preclude the Contractor from making delivery using the Contractor's own vehicles.

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

F-FSS-736-A EXPORT TRAFFIC RELEASE (OCT 1988)

Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions are received from GSA. To obtain shipping instructions, the Contractor shall forward completed copies of GSA Form 1611, Application for Shipping Instructions and Notice of Availability, to the GSA office designated on the purchase order at least 15 days prior to the anticipated shipping date. Copies of GSA Form 1611 will be furnished to the Contractor with the purchase order. Failure to comply with this requirement could result in nonacceptance of the material by authorities at the port of exportation. When supplies for export are ordered by other Government agencies the Contractor should obtain shipping instructions from the ordering agency.

552.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FEB 2018) (FAR DEVIATION FAR 52.232-39)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101)that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, nor any other loss or liability that would create an Anti- Deficiency Act violation(31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such language, provision, or clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., “click wrap” or “browse wrap” agreements), execution does not bind the Government, or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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 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."

(End of clause)

Alternate I (May 2003). As prescribed at 511.204(2), substitute the following paragraphs (a)(3) and (b) for (a)(3) and (b) of the basic clause:

(a) (3) Ordering activity order or requisition number.

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

(1) Cardholder name and telephone number; and

(2) The term "Credit Card."

552.211-89 NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JUL 2016)

(a) Definitions:

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 https://www.aphis.usda.gov/aphis/home/ 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.

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.

(b) 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 DLAD 47.305-1 , and MIL-STD-2073-1, Standard Practice for Military Packaging (and any future revision).

(e) Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, 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 repackaging, handling and return shipping, or the destruction of solid wood packaging material.

Cancellation

Either party may cancel this BPA by providing 30-day written notice. Any orders issued prior to cancellation will remain in effect.

Method of Award

Award will be made in the aggregate for both items. 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. In order to qualify for an award, prices must be submitted on both items.

EVALUATION FACTORS FOR AWARD

The Government will be awarding an Open Market Blanket Purchase Agreement to the responsible vendor whose quote, conforming to the solicitation, is the lowest price technically acceptable quote. To be technically acceptable the items must meet the specifications in the Item Purchase Descriptions and meet the required shipping schedule of 30 business DARO.

EVALUATION FACTORS:

Awards will be made to the quoter who represent the "best value" to the Government. Quotations will be reviewed and evaluated using the following two evaluation criteria and their symbolized relative importance to each other:

- Technical Acceptability and Price.

Technical Acceptability Factor:

Technical acceptability will be considered on a pass/fail basis. The definition of technical acceptability is meeting the characteristics listed in the Government's IPDS and meets the government's required delivery schedule of 30 business days ARO or better.

Clear identification is the sole responsibility of the quoter and descriptive literature for any product being offered is required at the time of quote. The Government will use this descriptive literature as a means of verifying product compliance with the IPDS.

The IPDS contain a Brand Name or Equal reference so vendors quoting "or equal" shall adhere to the requirements contained in the Brand Name or Equal clause; 52.211-6. Also, the quote must contain sufficient technical documentation to establish that products are "equal".

Failure to provide sufficient technical documentation for an item may result in the quote no longer being considered for award. Only quotes that are determined technically acceptable will be reviewed for pricing.

Evaluation criteria for Price will be as follows:

Pricing: Quotes will be solicited from both FOB Destination and FOB Origin contractors. The total BPA Price will be considered for award.

Technical acceptability is more important than price. However, as quotes become more equal in technical acceptability, price becomes more important.

Attachment I (Revised July 2021)

C.I Vendor Portal (VP) and Electronic Data Interchange (EDI) Requirements

The government will allow contractors to choose either VP or EDI for conducting business transactions with GSA. VP requires retrieval of orders and significant manual entries of transactional data via a GSA provided portal. EDI is better suited for higher volume contractors. GSA prefers EDI and suggests contractors expecting to receive greater than 50 orders per month to choose EDI. Additional information and points of contact for business transaction processing requirements can be found at www.gsa.gov.

C.1.1 Transactional Business Requirements

Regardless of whether orders are received via VP or EDI, the contractor is required to work with GSA to understand and adhere to GSA business rules and requirements.

All transactions will be submitted to and received by the "prime" contractor ONLY. Any additional electronic transaction communication that is required to fulfill Customer…