Attachment 7 - Letter of Supply.docx

Last Updated: April 15, 2024

GSA Letter of Supply

This Letter of Supply template is provided if the vendor is not the manufacturer of the products being offered, the vendor may only offer products it is authorized to distribute, either by the manufacturer itself, or as otherwise authorized pursuant to wholesaler agreements or other policies establishing the vendor’s authority to distribute offered products.

General Instructions -

The template below must be completed and submitted. Suppliers may provide additional information on subsequent pages as long as the language doesn’t conflict with the template.

Instructional language is bracketed in [blue] throughout the template. Make sure to insert the correct company names wherever [Vendor] and [Supplier] appear throughout the Letter of Supply, along with all other requested information.

For purposes of this template -

· “Vendor” refers to either the offeror (a vendor submitting a new offer or quote in response to a GSA Request For Quotation (RFQ)).

· "Supplier" refers to the manufacturer, wholesaler, or otherwise authorized partner/distributor of an offered product.

The Letter of Supply must be on supplier company letterhead, and the supplier signature must be dated within 12 months of vendor submission to GSA. For both the vendor and the supplier, the Letter of Supply must be signed by company officials authorized to make the commitment.

All Letters of Supply must specify the Brand or Manufacturer of Supplied Products. Individual products should not be listed, unless the supplier is limiting its agreement to specific products rather than an overall brand or manufacturer.

LETTER OF SUPPLY

[Vendor Name] [Vendor Point of Contact] [Vendor Address]

Re: Letter of Supply

This Letter of Supply is in reference to: [List RFQ Solicitation Number]

LETTER OF SUPPLY: [Supplier] agrees that it will supply [Vendor] with sufficient quantities of the offered products to meet the Federal Government’s needs. This letter certifies that the [Vendor] remains in good standing with [Supplier] and that [Supplier] is permitted to sell such products to [Vendor] under [Supplier]’s agreements with its vendors.

COMMERCIAL PRODUCT CERTIFICATION: [Supplier] certifies that all offered products meet the Federal Acquisition Regulation (FAR) 2.101 definition of “commercial item.”

TRADE AGREEMENTS CERTIFICATE: [Supplier] understands that all products must be compliant with the Trade Agreements Act (TAA) (19 U.S.C. § 2501, et seq.) and FAR clause 52.225-5 Trade Agreements. Further, while [Supplier] understands that responsibility for TAA compliance and Country Of Origin accuracy resides with [Vendor], [Supplier] agrees to work and cooperate with [Vendor] to support [Vendor]’s TAA compliance.

PROHIBITED PRODUCTS AND SERVICES: [Supplier] understands that all products must be compliant with FAR clauses 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities and 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Further, while [Supplier] understands that responsibility for ensuring the exclusion of covered articles and covered telecommunication equipment and services resides with [Vendor], [Supplier] agrees to provide timely, complete, and accurate information to [Vendor] so that non-compliant products are not offered.

COMPREHENSIVE PROCUREMENT GUIDELINE (CPG) PROGRAM AND ENVIRONMENTAL ATTRIBUTES: [Supplier] understands that if it certifies to [Vendor] that an offered product meets or exceeds the minimum content levels established under the CPG program[footnoteRef:1] then, in order for [Vendor] to display the appropriate environmental attributes for the product, [Vendor] must retain proof in the form of a copy of the certification from the manufacturer, a copy of the environmental organization’s certification, or be able to obtain such proof from [Supplier] on request. A document showing the percentage of the recovered materials and/or post-consumer materials in the offered product must also be retained by [Vendor] or be available from [Supplier] to [Vendor] upon request. Accordingly, [Vendor] and [Supplier] will mutually agree on a process to facilitate [Vendor]’s compliance with CPG program obligations. [1: The Environmental Protection Agency (EPA) maintains a list of EPA-designated products in their Comprehensive Procurement Guidelines (CPGs) to provide federal agencies purchasing recommendations on specific products in several Recovered Materials Advisory Notices (RMANs). Each RMAN contains recommended recovered and post-consumer material content levels for the specific products designated by EPA (40 CFR part 247 and EO 13834: Efficient Federal Operations). Visit the CPG website to view the current list of products that must comply with CPGs. Also, CPG supporting documents and background information (such as RMANs) can be found here.

SIGNATURES: This Letter of Supply is submitted by -

[Title] [Supplier]

[Title] [Vendor]

Brand or Manufacturer of Supplied Products: [Brand/Manufacturer]