Amendment_0003_6.30.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code

2. AMENDMENT MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTOR (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

Attachment Page

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DOC ENTERPRISE-WIDE FURNITURE INITIATIVE

QUESTIONS AND ANSWERS

Q1. A7 states the discount categories are designed to keep the proposed discounts simple and allow for comparable evaluation among offerers however discounts from list is not a reasonable evaluation criteria. For instance, if Vendor A provides a product at $100 list and the discount from list is 50%, the net price to the government would be $50. If Vendor B provides a comparable item with a list price of $200 and a discount of 60%, the net cost to the government would be $80. The evaluation criteria would put Vendor B in a more favorable position even though the net price would be higher. How is the government planning to address?

A1. The basis of this question is premised on varying list prices used as starting points by Vendors which is inaccurate. Each offeror is required to provide a copy of the Manufacturer’s List Price (MLP) [electronic copy] which should be the same for all Vendors respective to each Manufacturer. With this standard start point, the variable between offerors becomes the discount percentage and is measured equally and consistently.

The reasons each offeror is required to submit the MPL of each Vendor is to 1) ensure a current MLP is being submitted, 2) ensure the list price or start prices are consistent, and

3) give some indication that the offeror actually has a relationship with the Manufacturer.

Q2. A42 also addresses the government’s decision not to modify the categories as requested by industry. The discount structure for products within these categories vary greatly and we respectfully request that you reconsider your response. As an example, Workplace Furniture would include both systems furniture and wood case goods; the discounts for these categories can vary by as much as 15-20%. Is the expectation of the government that the average discount would apply to all products within that category after award or would the discount specific to a particular product category be permitted?

A2. After reconsideration of the request to structure discounts by product category, the Government has revised the pricing/discount groupings in accordance with the request.

However, because this change refines the product(s) available for a specified discount, which is directly correlated to buying patterns, the dollar tiers for discounts have also been updated accordingly and supersede A11 of Amendment 0001/A1 of Amendment 0002.

For example, it is improbable the DOC will purchase $150,000 worth of chairs only in a single purchase.

A revised J.1 has been attached to reflect these changes. The discount from MLP provided will apply as a minimum discount to all products ordered in each category respectively. Awardees may provide higher discounts at the order level by item or product being purchased on an order by order basis.

The MLP discount offered takes into account the offeror’s overheads and other markups, representing what the Government will pay for an item. For example: Item X has an MLP of $100. Awardee’s offer was a 10% discount for the Item X product category. The Government cost for Item X is $90.

Note: If the Offeror’s price does not discount from the MLP, the Offeror response would be submission of “0%” for the specified category and purchasing tier on J.1.

Note: If the Offeror’s price, with overheads and markups is higher than the MLP, the Offeror response would be submission of a negative percentage. For example: Item Y has an MLP of $100. Offeror’s price after inclusion of overheads and markups results in a

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10% increase above the MLP, the Offeror would submit “-10%” in J.1 for the Item Y category.

Q3. A54 states that a revised attachment J.1 and J.2 would be provided “to ensure accurate pricing evaluations can respondents provide detailed product line discounting for all products offered”. This response is contradictory to A7 and A42. Please clarify.

A3. See A2 of this amendment. A7, A42 and A54 of amendment 0001 are all superseded by this update and in alignment.

Q4. A11 states the government would consider modifying the tiers on the pricing spreadsheet but we have not received a revision. Please advise when we will see an amendment.

A4. Refer to A2 and A3 of this amendment.

Q5. A48 and A60 reference a ‘letter of authorization” to allow the awarded vendor to purchase on the governments behalf using GSA schedule however A41 states this is an open market solicitation. Please provide clear direction. As a GSA contractor, we are required to be compliant with all FAR regulations, including reporting our Commercial Sales Practice and abiding by the Price Reduction Clause.

A5. Awardees may source products from GSA vendors on behalf of Commerce so long as the price comports to the terms of the offer/awarded contract. It is recognized that GSA vendors are unlikely to provide all of the Manufacturers products required under this solicitation and therefore this procurement is being offered on the open market. However, because individual Manufacturer’s product lines are available under GSA schedules; if an awardee holds a schedule or can deliver the most advantageous price to Commerce by sourcing through GSA for some or all items, they will be provided a letter of authorization to leverage this opportunity.

Q6. In the Q and A amendment Question 9 indicates that this is subject to The BUY

AMERICAN Act. Question 57 indicates that TAA is acceptable. My client ( a small business located in the US) is interesting in offering products from a Canadian Manufacturer. Is this acceptable for this BPA.

A6. Only products from the specified manufacturers in this solicitation should be offered.

Other manufacturer products will not be accepted. The Buy American Act and Trade Agreements Act are applicable to this solicitation.

Q7. Also, Is a small business dealer able to offer the product of a large furniture manufacturer.

Most of the Manufacturers listed are either large businesses or Canadian Manufacturers.

A7. Yes, this is a small business set aside and therefore small business firms will need to establish network relationships with large business manufacturers to resell their products.

Q8. Multiple specified manufacturers are Canadian-based companies. Therefore, how will offerors present pricing from multiple Canadian-based companies while adhering to the mandated Buy American Act?

A8. Canadian firms are waived from the Buy American Act pursuant to the Free Trade Agreements; World Trade Organization Government Procurement Agreement (WTO GPA) and the North American Free Trade Agreement (NAFTA).

Q9. Additionally, the Canadian manufacturers have expressed verbally that they will not have the ability to provide pricing due to the Buy American Act.

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A9. The Buy American Act does not restrict trade between Canada and the United States. See A8 of this amendment. Further, the Awardee would be the purchaser of the items and supplying to the Government under this contract.

Descript: This Amendment is issued to:

1. Provide responses to questions.

2. Provide revised Attachment J.1/ J.2

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