RFQ 47QSSC-25-A-2316 .pdf

47QSSC-25-A-2316

The Agreement will be reviewed annually for continuation consideration. The estimated quantities for this BPA are indicated on page 7-8 of this RFQ. General Services Administration, Supply Chain Management (SCM), General Products Branch, SCM Contracting Division

(QSCCBA) may issue orders against this BPA for items listed herein. This is not a contract. A binding agreement only arises if the SCM issues an order, and the order is accepted by the BPA-holder. Estimates contained herein are provided for informational purposes only. There is no guarantee that any orders or any specific number of orders will be issued. Any purchase orders issued will be pursuant to the evaluation of the quotations received. Since demand can fluctuate significantly up OR down due to market conditions, the agreement will be awarded at an estimate of $4.5 million 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.

A. 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

BPA.

B. See page(s) 67-68 for evaluation factors for award.

C. Delivery terms for any orders issued will be Free on Board (FOB) Origin, Pre-Pay and Add or FOB

Destination, direct delivery order shipped to any CONUS location within 7 business days after receipt of order.

D. The Schedule of Items and Item Purchase Description are shown on pages 8 and 15.

E. Clauses, applicable to all orders issued under this BPA, are shown on pages 16 thru 67

F. In accordance with FAR 13, evaluations may be based on one or more of the following: Technical

Acceptability and Price

G. Price increases, regarding any subsequent BPA, will be a matter for negotiation.

H. When responding to this RFQ, vendors are responsible for submitting completed quotes, so as to reach the Government office designated in the RFQ by the time specified on the SF 1449. It is required that each quote package be submitted as an attachment and emailed to kreme.davis@gsa.gov.

If a quote is received later than the exact time specified in block 8 of the RFQ, it will be considered

“late” and will not be considered for award.

I. There will be no minimum order requirement.

J. The Government will evaluate initial quotes. The Government advises vendors to submit their best terms and prices in their initial quotation.

K. The awardee will be required to ship to all addresses, and to ships, when they receive orders that indicate these types of ship-to addresses. This is a mandatory requirement.

L. Military Standard 129 (MIL-STD-129) is used to maintain uniformity while marking military equipment and supplies that are transported through ships. 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 Hours - $70.00

A minimum of 2 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

M. SUPPLEMENTAL DOCUMENTATION REQUIRED:

1. DESCRIPTIVE LITERATURE/DRAWINGS. Clear identification is the sole responsibility of the quoter and descriptive literature for ALL the 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 Description(s) (IPDs) on pages 10-15. Pursuant to FAR

52.211-6 Brand Name of 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 #1 ABOVE, FOR EACH ITEM, MAY CAUSE YOUR QUOTE

NOT TO BE CONSIDERED FOR AWARD (SEE DETAILS IN EVALUATION

FACTORS FOR AWARD PAGE 67-68) **.

N. Following is how you can obtain specifications:

Commercial Item Descriptions - https://quicksearch.dla.mil/qsSearch.aspx. 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/qsSearch.aspx. 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/qsSearch.aspx. 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.)

https://quicksearch.dla.mil/qsSearch.aspx https://quicksearch.dla.mil/qsSearch.aspx https://quicksearch.dla.mil/qsSearch.aspx http://www.ansi.org/

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. www.SAE.org. (SAE does charge for their services.)

Recycled Material - Information related to the EPA’s Comprehensive Procurement Guidelines (CPG) for recovered materials can be found at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

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/BioPreferred/.

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_femp_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_femp_desi gnated_products_procurement_requirements.

O. 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.

http://www.astm.org/ http://www.awwa.org/ http://www.nsf.org/ http://www.ul.com/ http://www.sae.org/ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.biopreferred.gov/BioPreferred/ https://www.arb.ca.gov/consprod/regs/regs.htm https://www.energystar.gov/ https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements https://www4.eere.energy.gov/femp/requirements/laws_and_requirements/energy_star_and_femp_designated_products_procurement_requirements

P. The awardee will be required to ship direct to APO/FPO addresses and to naval vessels, when they receive orders that indicate this type of ship to addresses. This is a mandatory requirement.

Q. 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

R. Provisions, Clauses, and Fill-ins located on pages 20-38 52.212-3 Offeror Representations and

Certifications will 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.

S. GSA’s Order Management Service (OMS) will process orders utilizing Electronic Data Interchange

(EDI) or Vendor Portal (VP).

• EDI provides for fully electronic processing of all ordering transactions

• 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 Electronic Data

Interchange (EDI) or OMS Vendor Portal (VP) 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 BPA.

Vendors are 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

T. Pursuant to FAR 13.500 the period of performance for this BPA is estimated to include a one-year base period and four, one-year option periods estimate at $4.5 mil.

mailto:GSAEDI@gsa.gov mailto:etoolshelpdesk@gsa.gov

SCHEDULE OF ITEMS

Use the Schedule of Items below to submit your quoted prices. Quoters who have FOB

Destination pricing shall provide pricing for each item listed in “TABLE 1”. Quoters who have

FOB Origin pricing shall provide separate pricing for the product and transportation (shipping and handling) costs for each item listed in “TABLE 2”. The Total BPA Price will be considered for award.

Complete only one of the “Tables” listed below based on the delivery terms.

TABLE 1: FOB Destination Terms

Item

No.

NSN/Description

Manufacturer’ s Name, Part

Number, &

Country of

Origin

Estimated

Orders

(12-

Month)

Estimate d Qty.

(12-

Month)

Unit of

Issue

Total Destination BPA

Unit Price (Including

Freight)

CONUS

NSN: 7930-01-433-6632

Plastic Polish

IPD Attached

164 481 BX

NSN: 7930-00-935-3794

81 144 BX

NSN: 7930-01-581-9933

IDP Attached

12 14 BX

NSN: 7930-01-581-8496

3 3 BX

Annual BPA Total (Total Destination BPA Unit Price X Est. 12-month Qty. for Each Item) $

Total BPA Price (Annual BPA Total X 5 Years) $

TABLE 2: FOB Origin Terms

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.

1 Unit Weight: 2 Unit Weight:

Unit Cube: Unit Cube:

3 Unit Weight: 4 Unit Weight:

5 Unit Weight: 6. Unit Weight:

7. Unit Weight: 8. Unit Weight:

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

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

Item

No.

NSN/Description

Manufacturer’ s Name, Part

Number, &

Country of

Origin

Estimated

Orders

(12-

Month)

Estimate d Qty.

(12-

Month)

Unit of

Issue

Total Destination BPA

Unit Price (Including

Freight)

NSN: 7930-01-433-6632

164 481 BX

NSN: 7930-00-935-3794

81 144 BX

NSN: 7930-01-581-9933

IDP Attached

12 14 BX

NSN: 7930-01-581-8496

3 3 BX

Annual BPA Total (Total Destination BPA Unit Price X Est. 12-month Qty. for Each Item) $

Total BPA Price (Annual BPA Total X 5 Years) $

DESCRIPTIONS/SPECIFICATIONS

1. NSN:7930-01-433-6632

POLISH, PLASTIC: Product shall be in accordance with specification P-P-560C, entitled Polish, Plastic, dated 24 September 2018 and shall be listed on QPL-P-P-560. The product shall have the following requirements and characteristics:

Type III - Aerosol

The material shall be capable of removing accumulated service soils and producing a smooth, lustrous finish on plastic acrylic products.

The product shall have the following physical properties:

pH: 7.6

Relative Density (H20 = 1): 0.91

Unit of issue: BX (Twelve (12) each, thirteen (13) ounce aerosol cans per box.)

Maximum age on delivery: Five (5) months from date of manufacture.

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this description, conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

PREPARATION FOR DELIVERY: 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.

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).

Special marking shall include:

1) Lot Batch number.

2) Dates of manufacture and re-inspection thirty-six (36) months after date of manufacture.

3) Instructions for use.

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.

NOTE TO SHIPPER: THE FOLLOWING REQUIREMENTS MUST BE ADDED TO THE

PURCHASE ORDER FOR SHIPMENTS OF REGULATED MATERIALS:

SPECIAL REQUIREMENTS FOR DOMESTIC SHIPMENTS OF REGULATED

MATERIALS:

In addition to other requirements of this description, for domestic shipments, the commodity shall be packaged, packed, and marked in a manner to meet the applicable requirements of the Department of

Transportation (DOT) regulations 49 CFR, parts 171-180, and OSHA HCS in 29 CFR, part 1910.1200, latest revision for the mode of transport utilized.

SPECIAL REQUIREMENTS FOR OVERSEAS SHIPMENTS OF REGULATED

MATERIALS (including container and consolidation points, commercial freight forwarders and third part logistics providers).

In addition to other requirements of this description items shall be packaged, packed, and marked to comply with the latest versions of DOT HMR in 49 CFR, parts 171-180, and OSHA HCS in 29 CFR, part 1910.1200, and the applicable IMDG, IATA, ICAO, AFMAN-24, standard for the mode of transportation.

2. NSN:7930-00-935-3794

POLISH, PLASTIC: Shall be in accordance with Federal Specification P-P-560C, dated 24

September 2018 and QPL-P-P-560-12 with the following characteristics:

Type I, Liquid.

Unit of issue: BX (Ten (10) each, sixteen (16) ounce containers per box).

Maximum age on delivery: Three (3) months from date of manufacture.

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 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 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 forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military

1) Lot Batch number.

2) Dates of manufacture and re-inspection twenty-four (24) months after date of manufacture.

4) Marking as required by P-P-560.

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:

In addition to other requirements of this description, for domestic shipments, the commodity shall be

In addition to other requirements of this description, items shall be packaged, packed, and marked to

3. NSN:7930-01-581-9933

POLISH, PLASTIC: Shall be Whiz Aircraft Cleaning Compound, P/N 5602260, with the following characteristics:

This polish is intended for use on F-16 aircraft canopies.

The product shall be approved for use as a TYPE II POLISH for aircraft canopies as identified in

USAF Vendor Item Control Drawing 200925154-03. The product shall not have been altered since approval.

Unit of issue: BX (Ten (10) each, sixteen (16) ounce containers per box).

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 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 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 forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military

1) Lot Batch number

2) Instructions for use.

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:

In addition to other requirements of this description, for domestic shipments, the commodity shall be

In addition to other requirements of this description items shall be packaged, packed, and marked to

4. NSN:7930-01-581-8496

POLISH, PLASTIC: Shall be Micro-Surface Finishing Products Inc., Micro- Gloss, P/N 3MG8, with the following characteristics:

This polish is intended for use on F-16 aircraft canopies.

The product shall be approved for use as a Type I Polish for aircraft canopies as identified in USAF

Vendor Item Control Drawing 200925154-01. The product shall not have been altered since approval.

Unit of issue: BX (Twenty-four (24) each, eight (8) ounce containers per box).

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 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 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 forwarding and container consolidation points (CCPs), shall comply with the latest edition of Military

1) Lot Batch number 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:

END OF ITEM PURCHASE DESCRIPTION(S)

Contract Administration Data

Please provide the following information:

Contractors’ Data Universal Numbering System (DUNS) 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 __________________________________________________

___________________________________ ZIP CODE _____________

TELEPHONE NO. (_______) ___________ FAX NO. ______________

52.252-1 PROVISIONS INCORPORATED 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/these address(es):

The address for the FAR is https://www.acquisition.gov/and the address for GSAM is https://www.acquisition.gov/browse/index/gsam

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

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 is https://www.acquisition.gov/and the address for GSAM is https://www.acquisition.gov/browse/index/gsam

THE FOLLOWING FAR CLAUSES ARE INCORPORATED BY REFERENCE:

52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006)

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

CLAUSES INCORPORATED BY FULL TEXT:

https://www.acquisition.gov/browse/index/gsam

52.212-1Instructions to Offerors—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a)North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold.

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number.

(2) The time specified in the solicitation for receipt of offers.

(3) The name, address, and telephone number of the offeror.

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7)"Remit to" address, if different than mailing address.

(8)A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3

(11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c)Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

(d)Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e)Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)

(i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers: or

(B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g)Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h)Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1)

(i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part

101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

https://assist.dla.mil/

(2)Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense

Standardization Program Office by—

(i)Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii)Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j)Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the

System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its

Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The

Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l)Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

(End of provision)

52.212-2Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Acceptability & Price

Technical is slightly more important than price

(b)Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3Offeror Representations and Certifications—Commercial Products and Commercial

Services.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Products and Commercial Services (May

2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a)Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13

CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials.

(2) Product or Service Group (PSG) 87, Agricultural Supplies.

(3) PSG 88, Live Animals.

(4) PSG 89, Subsistence.

(5) PSC 9410, Crude Grades of Plant Materials.

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible.

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products.

(8) PSC 9610, Ores.

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations mean business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan.

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury or are expressly exempted under Federal law from the requirement to be conducted under such authorization.

(3) Consist of providing goods or services to marginalized populations of Sudan.

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2)Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency

Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1) https://www.acquisition.gov/far/part-52#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702(b)(3)&num=0&edition=prelim

(i)Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii)The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2)A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128

(see subpart 19.14).

(3)Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the

Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small…