RFQ_47QSWB-18-A-0902-BPA.docx

DOCX document 102 KB Posted Dec 27, 2018

Attached to: Bike Track Flooring Federal contract opportunity
Solicitation number: Not on record
Issued by: GSA Federal Acquisition Service

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47QSWB-18-A-0902

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE (52.219-6)

PAGE OF PAGES

1-26

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

RATING

47QSWB-18-A-0902

09/27/2018

See Below

AND/OR DMS REG. 1

Grit5A. ISSUED BY

6. DELIVER/SHIP BY (Date)

GSA/FAS, Southwest Supply Operations Center

(QSDLAD-E6)

819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6114 26- Days ARO or Better

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

7. DELIVERY

NAME

TELEPHONE NUMBER

FOB DESTINATION ORIGIN PRE-

PAY AND ADD

Jim Dear

AREA CODE

NUMBER

850-8253

1. DESTINATION

To be shown on each order issued against any resulting Blanket Purchase Agreement.

8. TO:

a. NAME OF CONSIGNEE

(See Schedule)

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. Zip

d. STATE

e. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

10/04/2018 5:00 PM CST

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This Request for Quote (RFQ), if accepted by the Government, will result in a Blanket Purchase Agreement (BPA) being established IAW FAR 8.405-3 and the terms and conditions of your Multiple Award Schedule (MAS) Contract: GS- . This BPA can be cancelled at any time by either party with written notice.

A. The period covered by the BPA will begin date of award through the expiration date of your MAS contract (not to exceed one year base and four one-year options) and will be reviewed on an annual basis. The estimated quantities for the BPA are indicated on page 9 of this RFQ. However, since demand can fluctuate significantly up or down due to market conditions, the agreement will be awarded as not to exceed $13.5 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.

B. The Estimated Number of Calls and Estimated Total Quantities listed have been retrieved from historical data, and represent no guarantee to the volume of purchases to be placed under any resulting BPA.

(See Page 2)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

15. DATE OF QUOTATION

a. NAME OF QUOTER

SIGN QUOTATION

b. STREET ADDRESS

16. SIGNER

a. NAME (Type or Print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP

c. TITLE (Type or Print)

NUMBER

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

47QSWB-18-A-0902

Page 2 – Block 11 Continued:

C. In accordance with 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 all items.

D. Pricing will be FOB Origin; Prepay and Add.

E. Schedule of Items shown on page seven (7) is to be used in submitting price quotation information.

F. The Item Purchase Description is shown on pages four (4), five (5), and six (6). If exceptions are being taken to any characteristics listed in the attached IPD’s, a full explanation must be disclosed and accompany the RFQ response.

G. Shipment is required within 26 Days ARO. What is your best delivery time you can offer__________________?

H. This is ONLY a request for quotation. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP.

I. If responding to this Request for Quotation, complete and return the entire package. RFQ package must be submitted through e-Buy /GSA Advantage website, otherwise response will be determined noncompliant and therefore rejected in its entirety. If you wish to “No Quote”, please indicate and return page 1 only. “No Quote” must be submitted as an attachment through e-Buy.

J. Price increases, regarding any subsequent BPA, will be a matter for negotiation if price increases are requested under the schedule contract listed above. Price increases for items on proposed BPA must be requested separately from MAS Contract price increases.

K. Items must be available on your MAS Contract by the close of this solicitation and documented via GSA Advantage Pricing or a copy of your Authorized Federal Supply Schedule Pricelist IAW FAR 8.402, otherwise response will be determined noncompliant and therefore rejected in its entirety.

L. MAS Contract Clauses will also apply in performance of the BPA.

M. BPA minimum order shall be IAW offerors MAS Contract.

N. The Government is seeking price reductions on this BPA in accordance with FAR 8.405-4. See Schedule of Items on Page seven (7).

O. Inspection will be made at Destination.

P. Evaluation Criteria: See evaluation criteria on pages 20-21.

Q. Bike Track will be required to ship direct to APO/FPO addresses (state side addresses will no longer be provided) and to naval ships, when they receive orders that indicate this type of ship to addresses. This is a mandatory requirement.

R. 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.

S. 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

T. GSA’s Order Management Service (OMS) will process orders utilizing only Electronic Data Interchange (EDI) or Vendor Portal (VP). Facsimile transmitted orders will no longer be an option.

· 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.

Bike Track is hereby notified that as of January 26, 2017, 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.

Bike Track 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 receipt 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: Gee.Jeon@gsa.gov or NCSC at 800-488-3111

**THE FOLLOWING MUST ACCOMPANY YOUR OFFER, FAILURE TO PROVIDE THE REQUIRED INFORMATION COULD RESULT IN YOUR OFFER NO LONGER BEING EVALUATED/CONSIDERED FOR POSSIBLE AWARD.**

I. Copy of your most recent authorized Federal Supply Schedule Price list and cover sheet.

To Be Technically Acceptable:

The Government will be awarding a Blanket Purchase Agreement to the responsible offeror whose offer, conforming to the solicitation, is the best value to the Government. To be technically acceptable the items offered must be the Brand Name / Part Number contained in the Item Purchase Descriptions.

IAW FAR 52.214-7 (a) (b)

(a) Offerors are responsible for submitting offers, so as to reach the Government office designated in the RFQ by the time specified. (Block 10).

(b) If offer is received later than the exact time specified in block 10 of the RFQ, it will be considered “late” and may not be accepted.

FED Specs — GSA Federal Supply Service Specifications Section, Ste. 8100, 470 E. L’Enfant Plaza, SW, Washington, DC 20407 [Telephone 202-619-8925, FAX 202-619-8978] http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

MIL Specs — Department of Defense Single Stock Point (DoDSSP), Bldg. 4,Section D, 700 Robbins Ave., Philadelphia, PA 19111-5094 [Telephone 215-697-2667/2179, FAX 215-697-1462] Web Site www.dsp.dla.mil Click on “Online Specs” or http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

ITEM PURCHASE DESCRIPTION

Item 1.

NSN: 5680-01-543-5495

Date: 6/27/17

FLOORING SHEET, MODULAR: Shall be Bike Track P/N BTS One-S. The flooring sheet shall be plastic modular hard flooring with perforated traction surface, anti-static treated, with locking steel pin connectors. Flooring system installation shall require no electricity, tools, fasteners, or specialized training. Flooring shall conform to the following salient characteristics:

LENGTH:	48 inches
WIDTH:	42 inches
THICKNESS:	1 inch
COLOR:	Sand
MATERIAL:	High density polyethylene

Equal products shall fit into an existing Bike Track floor as a replacement unit with no impact to form, fit or function of the floor system.

UNIT OF ISSUE: EA (Each).

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

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

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

Notice Of Special Requirements For Shipment To All Countries That Have Endorsed The IPPC Guidelines For Treatment Of Non-Manufactured Wood Packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines can be found at the USDA.gov web site. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulation DLAD 47.305.1.

Item 2

NSN: 5680-01-553-8740

Date: 11/09/17

FLOORING SHEET, MODULAR: Shall be Bike Track P/N BTS-NICMS. The flooring sheet shall be plastic modular hard flooring with perforated traction surface and anti-static treated. Flooring system installation shall require no electricity, tools, fasteners, or specialized training. Equal products shall fit into an existing Bike Track floor as a replacement unit with no impact to form, fit or function of the floor system. Flooring sheet shall conform to the following salient characteristics:

LENGTH:	48.0 inches
WIDTH:	42.0 inches
THICKNESS:	2.0 inches
COLOR:	Sand
MATERIAL:	High density polyethylene

UNIT OF ISSUE: EA (Each).

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

Item 3

NSN: 5680-01-553-8745

Date: 11/09/17

FLOORING SHEET, MODULAR: Shall be Bike Track P/N BTS-ICMS. The flooring sheet shall be plastic modular hard flooring with perforated traction surface, anti-static treated, 11-foot 6-inch twin channel, top access cable management per sheet. There shall be 12 cable access points per sheet. Flooring system installation shall require no electricity, tools, fasteners, or specialized training. Equal products shall fit into an existing Bike Track floor as a replacement unit with no impact to form, fit or function of the floor system. Flooring sheet shall conform to the following salient characteristics:

LENGTH:	48.0 inches
WIDTH:	42.0 inches
THICKNESS:	2.0 inches
COLOR:	Sand
MATERIAL:	High density polyethylene

UNIT OF ISSUE: EA (Each).

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

**END OF ITEM PURCHASE DESCRIPTIONS***

SCHEDULE OF ITEMS

A. Provide the unit prices per the unit of issue shown.

B. Pricing (CONUS): FOB ORIGIN PRE-PAY AND ADD

NOTE: The total price proposed per unit will be the total FFP One (1) Year Estimates

Item

FOB Origin Pre- pay and Add

Unit

of Issue

Est. Total Orders for 1 Year Period

Est. Total Quantity Per 1 Year Period

Current MAS Pricing

BPA Pricing

Item 1

NSN: 5680-01-543-5495

Flooring, Modular, IPD Attached

CONUS

1,565

Item 2

NSN: 5680-01-553-8740

Flooring, Modular, IPD Attached

CONUS

3,819

Item 3

NSN: 5680-01-553-8745

Flooring, Modular, IPD Attached

CONUS

7,506

Total Aggregate Estimate

Offering on: 5680-01-543-5495 Manufacturer’s Name________________________________ Brand ____________________________________________ Model or Part No. ___________________________________ Unit Weight________________________________________ Unit Cube_________________________________________

Offering on: 5680-01-553-8740 Manufacturer’s Name________________________________ Brand ____________________________________________ Model or Part No. ___________________________________ Unit Weight________________________________________ Unit Cube_________________________________________

Offering on: 5680-01-553-8745 Manufacturer’s Name________________________________ Brand ____________________________________________ Model or Part No. ___________________________________ Unit Weight________________________________________ Unit Cube_________________________________________

END SCHEDULE OF ITEMS

***COMPLETED PAGES MUST BE RETURNED WITH YOUR OFFER (SF18)***

Contract Administration Data

Please provide the following information:

MAS Contract Number: ____________________________________________________________

Contractors’ Data Universal Numbering System (DUNS) No.: _____________________________

Taxpayers Identification Number (TIN): _______________________________________________

Offerors’ P.O.C.: __________________________________________________________________

Phone Number: ___________________________________________________________________

Fax No.__________________________________________________________________________

E-mail: __________________________________________________________________________

G-FSS-900-A CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

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

NAME

TITLE

ADDRESS

	ZIP CODE
TELEPHONE NO. (_______)	FAX NO.

Section D Packaging and Marking

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 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE 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 activity and the Contractor.

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.

D-FSS-462 MAXIMUM WEIGHT PER SHIPPING CONTAINER (MAY 1995)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51 pounds), except when caused by (1) the weight of a single item within the shipping container, (2) a prescribed quantity per pack for an item per shipping container, or (3) a definite weight limitation set forth in the purchase description.

Section E

Inspection and Acceptance

E-FSS-514	PRODUCTION AND INSPECTION POINT(S) (JUN 1990)
(a)	Production Point. Offeror shall insert, in the appropriate spaces provided below, the names of the manufacturers of the items offered and the address and telephone number of the facility(ies) at which the items will be manufactured or produced.
(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.
			PRODUCTION POINT—	INSPECTION POINT
	ITEM	NAME OF	NAME, ADDRESS	(If other than
	NO(s).	MANUFACTURER	(Including County), and	Production Point)
			TELEPHONE NUMBER
	________	____________________	_____________________	______________________
	________	____________________	_____________________	______________________

NOTE: If additional space is needed, the offeror may furnish the requested information by an attachment to the offer.

E-FSS-522	INSPECTION AT DESTINATION (MAR 1996)
(a)	Inspection by the Government. It is anticipated that the supplies purchased under this contract will be inspected at destination by the Government to ensure conformance with technical requirements as specified herein.
(b)	Responsibility for Rejected Supplies. If, after due notice of rejection, the Contractor fails to remove or provide instructions for the removal of rejected supplies pursuant to the Contracting Officer's instructions, the Contractor shall be liable for all costs incurred by the Government in taking such measures as are expedient to avoid unnecessary loss to the Contractor. In addition to any other remedies, which may be available under this contract, the supplies may be stored for the Contractor's account or sold to the highest bidder on the open market and the proceeds applied against the accumulated storage and other costs, including the cost of the sale.
(c)	Additional Costs for Inspection and Testing. When prior rejection makes reinspection or retesting necessary, the following charges are applicable. When inspection or testing is performed by or under the direction of GSA, charges will be at the rate of $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.

Section F

Deliveries or Performance

52.247-32 F.O.B. Origin, Freight Prepaid. As prescribed in 47.303-4(c).

F.o.b. Origin, Freight Prepaid (Feb 2006)

(a) The term “f.o.b. origin, freight prepaid,” as used in this clause, means—

(1) Free of expense to the Government delivered—

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipments will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

(ii) To, and placed on, the carrier’s wharf (at shipside, within reach of the ship’s loading tackle, when the shipping point is within a port area having water transportation service) or the carrier’s freight station;

(iii) To a U.S. Postal Service facility; or

(iv) If stated in the solicitation, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372); and

(2) The cost of transportation, ultimately the Government’s obligation, is prepaid by the contractor to the point specified in the contract.

(b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2)(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods—

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing or marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier’s conveyance;

(5) Prepare a bill of lading or other transportation receipt. The bill of lading shall show—

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for bills of lading; e.g., “This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government”; and

(vi) The signature of the carrier’s agent and the date the shipment is received by the carrier;

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency; and

(7) Prepay all freight charges to the extent specified in the contract.

(c) These Contractor responsibilities are specified for performance at the plant or plants at which these supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier’s equipment are not available at the Contractor’s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or nearest city where the specified carrier’s facilities are available; subject, however, to the following qualifications:

(1) If the Contractor’s shipping plant is located in the State of Alaska or Hawaii, the Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or Hawaii, respectively, as specified in the contract, at Contractor’s expense, and to that extent the contract shall be “f.o.b. destination.”

(2) Notwithstanding paragraph (c)(1) of this clause, if the Contractor’s shipping plant is located in the State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor’s expense, to the container yard in the same or nearest city where seavan container service is available.

TIME OF DELIVERY

Shipment is required to be made at destination within 26 calendar days after receipt of order.

Section G

Contract Administration Data

G-FSS-914-B	CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (SEP 1996)
(a)	Payment by electronic funds transfer (EFT) is the Government’s preferred method of payment. However, under certain conditions, the Government may elect to make payment by check. The offeror shall indicate below the payment (remittance) address to which Government checks should be mailed for payment of proper invoices submitted under a resultant contract.
		PAYMENT ADDRESS:
		______________________________

(b) All offerors are cautioned that if the payment address shown on an invoice differs from that shown above, the address above will govern. Payment to any other address, except as provided for through EFT payment methods, will require an administrative change to the contract.

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

(a)	Timely delivery in accordance with the terms and conditions of this contract is essential to the accomplishment of the mission of the General Services Administration and the agencies it supports.
(b)	GSA may defer the placement of delivery orders against t his contract at any time when GSA determines, at its sole discretion, that the Contractor has either failed to make progress or becomes delinquent on delivery order(s) which have been issued against the contract. The period of deferment shall last until such time as the Government is satisfied that the Contractor is capable of making timely delivery.
(c)	During the period of deferment of placement of delivery orders, the Government may procure its requirements from a source other than the Contractor.
(d)	The Procuring Contracting Officer (PCO) shall notify the Contractor either orally (confirmed in writing) or in writing of any decision to defer placement of delivery orders pursuant to this clause.
(e)	Any action initiated by the government to acquire contract items from alternate sources pursuant to this clause may continue to completion notwithstanding the fact that the Contractor may no longer be delinquent at the time the procurement transaction with an alternate source is completed.
(f)	The Contractor will NOT be held liable for excess costs on those quantities procured elsewhere as a result of the Contractor’ s failure to perform. However, all in-house orders are subject to all terms including delivery requirements and termination for cause/excess cost provisions. Contractor’ s prices shall remain the same throughout the term of the contract notwithstanding the fact that some orders may be placed with alternate sources.
(g)	The rights and remedies of the Government in this clause are in addition to other rights and remedies provided by law or under this contract.

Section I

Contract Clauses

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

As prescribed in 4.1403(a), insert the following clause:

Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information (d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

9.104-7(a)9.409(a)

(a)	(1)	The Offeror certifies, to the best of its knowledge and belief, that-
		(i)	The Offeror and/or any of its Principals-
		(A)	Are \|_\| are not \|_\| presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
		(B)	Have \|_\| have not \|_\|, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
		(C)	Are \|_\| are not \|_\| presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and
		(D)	Have \|_\| have not \|_\|, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
		(1)	Federal taxes are considered delinquent if both of the following criteria apply:
			(i)	The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

			(ii)	The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
		(2)	Examples.
			(i)	The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
			(ii)	The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
			(iii)	The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
			(iv)	The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
		(ii)	The Offeror has \|_\| has not \|_\|, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal Agency.
	(2)	“Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
		This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code.
(b)	The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c)	A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d)	Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealing.
(e)	The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
552.203-72	REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (APR 2012)

(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract action 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the corporation 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 the agency has considered suspension or debarment of the corporation or such officer or agent and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Contractor 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.

(2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months.

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

As prescribed in 9.409, insert the following clause:

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

(a) Definition. “Commercially available off-the-shelf (COTS)” item, as used in this clause—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.

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