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Upcoming Schedule 72 Refresh

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh all GSA Multiple Award Schedules (MAS) to incorporate seven provision and clause updates in October 2016.  This update will align MAS solicitations and contracts with recent policy changes.  Please see the “Significant Changes” attachment for an overview of the planned changes.  

GSA FAS will host a public webinar to provide interested parties an opportunity to learn about the planned changes and ask related questions.  The webinar will be in a listen-only format with the ability for participants to type questions via an online chat function.  Webinar information is provided below.

·         Date: Wednesday, October 5, 2016

·         Time:  1 - 2 pm EST

·         Web Meeting Registration Link: https://meet.gsa.gov/e4a73l8nrr3/event/event_info.html

GSA FAS will issue a bilateral modification to incorporate the planned changes into existing contracts.  MAS contractors will have 90 days to accept the mass modification.

Please leave any questions or feedback as a comment on this posting.  Thank you for your continued partnership.

DISCLAIMER: GSA FAS is posting this notification of a planned solicitation refresh or mass modification as a courtesy to industry. All comments on the attached DRAFT document must be submitted in the “Comments” section below within ten (10) business days of this posting. Comments provided elsewhere or after 10 business days will not be considered. GSA FAS will consider all relevant comments and make changes to the DRAFT as appropriate, but will not issue a formal response to industry comments or related inquiries. Interested parties should review the final version of the solicitation refresh or mass modification closely for additional changes made to this DRAFT.

 

DISCLAIMER: GSA FAS is posting this notification of a planned solicitation refresh or mass modification as a courtesy to our Industry Partners. All comments on the attached DRAFT document must be submitted in the “Comments” section below within ten (10) business days of this posting. Comments provided elsewhere or after 10 business days will not be considered. GSA FAS will consider all relevant comments and make changes to the DRAFT as appropriate, but will not issue a formal response to industry comments or related inquiries. Interested parties should review the final version of the solicitation refresh or mass modification closely for additional changes made to this DRAFT.

 

Purpose of Planned Action

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning a refresh and corresponding mass modification of all GSA Multiple Award Schedules (MAS) to incorporate provision and clause updates as necessary.  The upcoming Schedule refresh and mass modification is tentatively planned for October 2016.    

 

Summary of Planned Changes

Below is a high-level description of significant changes to be included in the upcoming general Federal Supply Schedules refresh and mass modification.  The full text for any new or updated clauses and provisions not currently available in the FAR or GSAM is provided at the end of this document.  Note that several of the changes listed below have already been made -- or may not apply -- for some schedules.  Be sure to review the final solicitation refresh or mass modification for full details.

 

1) Purchasing By Non-Federal Entities

 

On July 6, 2016, the General Services Administration (GSA) issued a final rule amending the General Services Administration Acquisition Regulation (GSAR) regulation, Describing Agency Needs, to implement the Federal Supply Schedules Usage Act of 2010 (FSSUA), the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (NAHASDA), the John Warner National Defense Authorization Act for Fiscal Year 2007 (NDAA), and the Local Preparedness Acquisition Act for Fiscal Year 2008 (LPAA). GSA is also amending the GSAR, Federal Supply Schedule Contracting, and Solicitation Provisions and Contract Clauses, in regard to this statutory implementation to clarify the application of these laws and access privileges of certain NonFederal Entities purchasing off of Federal Supply Schedules (FSS).  This rule updates access to GSA Federal Supply Schedulesfor state, local and tribal governments, and adds access for the American National Red Cross and other qualified organizations, including National Voluntary Organizations Active in Disaster (NVOAD). 

 

​The clause updates resulting from this rule will apply to all federal Supply Schedules, although vendor participation in the Disaster Purchasing Program is voluntary.  Vendors may opt into the program at the time of contract award and may also opt into/out of the program during the term of the contract.

 

Below are several clauses that may be affected by this change, but please refer to the final rulefor complete details.

 

●      DELETE: GSAR clause 552.211-75 Preservation, Packaging, and Packing (Change not applicable to Schedules 70 and 84)

 

●      ADD GSAR clause 552.211-75 Preservation, Packaging, and Packing Alternate I

 

●      DELETE: 552.211-77 Packing List (Change not applicable to Schedules 70 and 84)

 

●      ADD GSAR clause 552.211-77 Packing List Alternate I

 

●      DELETE: GSAR clause 552.238-71 Submission and Distribution of Authorized FSS Schedule Pricelists Alternate I (some schedules)

 

●      ADD or UPDATE: GSAR clause 552.238-71 Submission and Distribution of Authorized FSS Schedule Pricelists 

 

●      DELETE: GSAR clause 552.238-75 Price Reductions Alternate I

 

●      ADD or UPDATE: GSAR clause 552.238-75 Price Reductions

 

●      ADD: GSAR clause 552.238-77 Definitions (Federal Supply Schedules)

 

●      ADD or UPDATE: GSAR clause 552.238-78 Scope of Contract (Eligible Ordering Activities) (does not apply to Schedules 70 or 84)

 

●      ADD: GSAR clause 552.238-79 Use of Federal Supply Schedule Contracts by Non-Federal Entities (does not apply to Schedules 70 or 84)

 

●      DELETE: GSAR clause 552-238-80 Use of Federal Supply Schedule Contracts by Certain Entities – Recovery Purchasing

 

2) Revision to I-FSS-600 Contract Price Lists

FAS has updated I-FSS-600 to reflect the requirement for submission of the contractor’s electronic files no later than 30 days after award.  Additionally, references to the CCR have been removed and replaced with the System for Award Management (SAM). The mailing address of the National Customer Service Center (NCSC) has been corrected and an email address for the NCSC has been provided for electronic submission of the FSS Price List.

 

The following provision will be UPDATED:

 

●      I-FSS-600 Contract Price Lists (SEP 2016) 

 

3)  Removal of Pathways to Success training requirement for streamlined offers

 

FAS has removed requirement to complete the Pathways to Success training for successful FSS contractors submitting new offers under the streamlined offer process.  Offerors must meet all of the criteria identified in SCP-FSS-001-S in order to be eligible to submit a streamlined offer.

 

The following provision will be UPDATED:

 

●      SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors (MAR 2016)

 

4)  New Designated Countries - Montenegro & New Zealand

 

DoD, GSA, and NASA issued a final rule (effective February 1, 2016) amending the Federal Acquisition Regulation (FAR) to add Montenegro and New Zealand as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA) and update the list of parties to the Agreement on Trade in Civil Aircraft.  Additional details, including changes to FAR clauses, are available in the Federal Register.

 

The following clauses will be UPDATED:

 

●      52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FEB 2016)  (ALT II - DEC 2015)

●      52.222-19 Child Labor -- Cooperation with Authorities and Remedies (FEB 2016)

●      52.225-5 Trade Agreements (FEB 2016)

 

5) Prohibition on contracting with entities that require certain internal confidentiality agreements      

 

In 2015, GSA’s Senior Procurement Executive issued a class deviation that implements Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) for GSA contracting activities. Section 743 prohibits agencies from obligating funds to entities that require their employees (or subcontractors) to sign internal confidentiality agreements (or similar documents) that restrict them from lawfully reporting waste, fraud, or abuse.  MAS solicitations will include the provision and clause below to implement this policy until the FAR has been updated to include these requirements.

 

The following clause will be ADDED:

 

●      52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015) (DEVIATION 2015-02)

 

The following provision will be ADDED:

 

●      52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015) (DEVIATION 2015-02)

 

6) FAR clause/provision updates through Federal Acquisition Circular (FAC) 2005-88 and GSAR clause/provision updates through GSAR Case 2013-G504 (Change 74)

 

Additional FAR provision and clause revisions and additions, including those outlined in FAC numbers 2005-85, 2005-86, 2005-87, and 2005-88 will be incorporated into the refresh and mass modification, as applicable. Refer to the FACs, available at https://www.acquisition.gov/?q=far_archives, for additional details and a complete list of updated provisions/clauses.  Additional information on GSAR Changes is available at https://www.acquisition.gov/gsam_archives

 

 

 

 

Full Text of New/Updated Clauses and Provisions

 

I-FSS-600  CONTRACT PRICE LISTS  (OCT 2016)

 

(a)        Electronic Contract Data.

(1)  At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed electronic format as required by clause 552.238‑71, Submission and Distribution of Authorized FSS Schedule Price Lists.

(2) The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award.          The Contractor’s electronic files must be complete; correct; readable; virus‑free; and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government.  They will be added to GSA’s electronic ordering system known as GSA Advantage!®, a menu‑driven database system that provides on‑line access to contract ordering information, terms and conditions, up‑to‑date pricing, and the option to create an electronic order.  The Contractor’s electronic files must be received no later than 30 days after award.  Contractors should refer to clause I‑FSS‑597, GSA Advantage!® for further information.

(3) Further details on EDI, ICs, and GSA Advantage!® can be found in clause I‑FSS‑599, Electronic Commerce.

(4) The Contractor is encouraged to place the GSA identifier (logo) on their web site for those supplies or services covered by this contract.  The logo can link to the contractor’s Federal Supply Schedule price list.  The identifier URL is located athttp://www.gsa.gov/logos.  All resultant “web price lists” shown on the contractor’s web site must be in accordance with section (b)(3)(ii) of this clause and nothing other than what was accepted /awarded by the Government) may be included.  If the contractor elects to use contract identifiers on its website (either logos or contact number) the website must clearly distinguish between those items awarded on the contract and any other items offered by the contractor on an open market basis.

(5) The contractor is responsible for keeping all electronic catalogs data up to date; e.g., prices, product deletions and replacements, etc.

(b)        Federal Supply Schedule Price Lists.

(1) The Contractor must also prepare and distribute a Federal Supply Schedule Price List as required by clause 552.238‑71, Submission and Distribution of Authorized FSS Schedule Price Lists.  This must be done as set forth in this paragraph (b).

            (2) The Contractor must prepare a Federal Supply Schedule Price List by either:

(i)   Using the commercial catalog, price list, schedule, or other document as accepted by the Government, showing accepted discounts, and obliterating all items, terms, and conditions not accepted by the Government by lining out those items or by a stamp across the face of the item stating "NOT UNDER CONTRACT" or "EXCLUDED"; or

(ii)   Composing a price list in which only those items, terms, and conditions accepted by the Government are included, and which contain only net prices, based upon the commercial price list less discounts accepted by the Government.  In this instance, the Contractor must show on the cover page the notation "Prices Shown Herein are Net (discount deducted)”.

(3) The cover page of the Federal Supply Schedule Price List must include the following information prepared in the format set forth in this subparagraph (b)(3):

                        (i)   GENERAL SERVICES ADMINISTRATION

                                    Federal Supply Service

Authorized Federal Supply Schedule Price List

On‑line access to contract ordering information, terms and conditions, up‑to‑date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu‑driven database system.  The INTERNET address GSA Advantage!® is:  GSAAdvantage.gov.

                                    Schedule Title

FSC Group, Part, and Section or Standard Industrial Group (as applicable)

FSC Class(es)/Product code(s) and/or Service Codes (as applicable)

Contract number

For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov.

Contract period.

Contractor's name, address, and phone number (include toll‑free WATS number and FAX number, if applicable)

Contractor’s internet address/web site where schedule information can be found (as applicable).  Contract administration source (if different from preceding entry).

Business size.

(ii)   CUSTOMER INFORMATION:  The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below.  If this information is placed in another part of the Federal Supply Schedule Price List, a table of contents must be shown on the cover page that refers to the exact location of the information.

1a.    Table of awarded special item number(s) with appropriate cross‑reference to item descriptions and awarded price(s).

1b.    Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract.  This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price.  Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply.

1c.    If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided.  If hourly rates are not applicable, indicate “Not applicable” for this item.

                                                2.      Maximum order.

                                                3.      Minimum order.

                                                4.      Geographic coverage (delivery area).

                                                5.      Point(s) of production (city, county, and State or foreign country).

                                                6.      Discount from list prices or statement of net price.

                                                7.      Quantity discounts.

8.      Prompt payment terms. Note:  Prompt payment terms must be followed by the statement "Information for Ordering Offices:  Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions."

9a.    Notification that Government purchase cards are accepted at or below the micro-purchase threshold.

9b.    Notification whether Government purchase cards are accepted or not accepted above the micro-purchase threshold.

                                    10.    Foreign items (list items by country of origin).

                                    11a.  Time of delivery.  (Contractor insert number of days.)

11b.  Expedited Delivery.  The Contractor will insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading.  The Contractor may use a symbol of its choosing to highlight items in its price lists that have expedited delivery.

11c.  Overnight and 2-day delivery.  The Contractor will indicate whether overnight and 2-day delivery are available.  Also, the Contractor will indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery.

11d.  Urgent Requirements.  The Contractor will note in its price list the “Urgent Requirements” clause of its contract and advise agencies that they can also contact the Contractor’s representative to effect a faster delivery.

                                    12.    F.O.B. point(s).

                                    13a.  Ordering address(es).

13b.  Ordering procedures:  For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

                                    14.    Payment address(es).

                                    15.    Warranty provision.

                                    16.    Export packing charges, if applicable.

17.    Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level).

                                    18.    Terms and conditions of rental, maintenance, and repair (if                                                                         applicable).

                                    19.    Terms and conditions of installation (if applicable).

20.    Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable).

                                    20a.  Terms and conditions for any other services (if applicable).

                                    21.    List of service and distribution points (if applicable).

                                    22.    List of participating dealers (if applicable).

                                    23.    Preventive maintenance (if applicable).

                         24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants).

                         24b.  If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g. contractor’s website or other location.)  The EIT standards can be found at:  www.Section508.gov/.

                                    25.    Data Universal Number System (DUNS) number

26.    Notification regarding registration in System for Award Management (SAM) database.

(4) Amendments to Federal Supply Schedule Price Lists must include on the cover page the same information as the basic document plus the title "Supplement No. (sequentially numbered)" and the effective date(s) of such supplements.

(5) Accuracy of information and computation of prices is the responsibility of the Contractor.  NOTE:  The obliteration discussed in subdivision (b)(2)(i) of this clause must be accomplished prior to the distribution of the Federal Supply Schedule Price Lists.

(6) Inclusion of incorrect information will cause the Contractor to resubmit/correct and redistribute the Federal Supply Schedule Price List, and may constitute sufficient cause for Cancellation, applying the provisions of 52.212‑4 , Contract Terms and Conditions (paragraph (m), Termination for Cause), and application of any other remedies as provided by law—including monetary recovery.

(7) In addition, one copy of the Federal Supply Schedule Price List must be submitted to the       National Customer Service Center at NCSCcustomer.service@gsa.gov.

SCP-FSS-001-S INSTRUCTIONS APPLICABLE TO SUCCESSFUL FSS CONTRACTORS (MAR 2016)(a)    Offers can be submitted per the streamlined instructions detailed under this provision provided that the contractor meets ALL of the following criteria (otherwise the offer must be submitted in accordance with SCP-FSS-001-N Instructions Applicable to New Offerors):(1)     The contractor has an existing FSS program contract under this Schedule and is submitting a new offer for the same SINs.(2)     Sales under the existing contract have averaged a minimum of $25,000 per year for the previous five years of reported sales.(3)     There is a demonstrated pattern of satisfactory past performance under the existing contract.(b)     Read the entire solicitation document prior to preparation of your offer.(c)     Electronic submission of offers via GSA's eOffer web-based application (http://eOffer.gsa.gov) is mandatory.(d)     Offers must be current, concise, and complete, and demonstrate a thorough understanding of solicitation requirements. By submission of an offer, the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer (see "Exceptions to Terms and Conditions" under the Standard Response module).(e)     By submission of an offer, the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting.(f)      In addition to full compliance with the requirements of this provision (SCP-FSS-001-S), the offeror must also comply with the following provisions, as applicable. Failure to comply with an applicable provision will result in rejection of the offer.(1)     SCP-FSS-002 Specific Proposal Instructions for Services – Applies to all offers that propose services, with the exception of Schedule 70.  The offeror must comply with all requirements under this provision with the exception of (d)(2) Section II - Technical Proposal (Factor Four - Relevant Project Experience), which is not applicable to streamlined offers.(2)     SCP-FSS-003 Specific Proposal Instructions for Products – Applies to all offers that propose products, with the exception of Schedule 70.  The offeror must comply with all requirements under this provision.(3)     SCP-FSS-004 Specific Proposal Instructions for Schedule 70 – Applies only to offers submitted under Schedule 70 - General Purpose Commercial Information Technology Equipment, Software, and Services.  The offeror must comply with all requirements under this provision with the exception of (d) Section II - Technical Proposal (Factor Four - Relevant Project Experience), which is not applicable to streamlined offers.(4)     SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751 – Applies only to offers submitted under Schedule 751 – Leasing of Automobiles and Light Trucks.  The offeror must comply with all requirements under this provision.(5)     SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V – Applies only to offers submitted under Schedule 23V– Automotive Superstore.  The offeror must comply with all requirements under this provision.Offerors proposing both products and services must comply with the streamlined requirements of SCP-FSS-002 and SCP-FSS-003, as detailed above. Offers submitted under Schedule 70 are required to comply with the streamlined requirements of SCP-FSS-004 only, regardless of whether products and/or services are offered.(g)     The following documentation requirements are completed directly through the eOffer application:          (1)     Active System for Award Management (SAM) registration verification,          (2)     Small Business Subcontracting Plan (if applicable),          (3)     Commercial Sales Practices (CSP) disclosure.The offeror must complete and upload the following documents to the eOffer application:(1)     Previous FSS cancellations and rejections, pending offers for other Schedule contracts, and awarded Schedule contracts,          (2)     Agent Authorization Letter (if applicable),          (3)     Technical Proposal,          (4)     Price Proposal Template,          (5)     Supporting Pricing Documentation,          (6)     Price Narrative,          (7)     Commercial Price List or Market Rate Sheet (if applicable).(h)     Withdrawal of Offer: The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer. If an offer is withdrawn, a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer, excluding uploaded documents.(i)      The streamlined proposal instructions in SCP-FSS-001-S are common to all solicitations. Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments "Read Me First" and/or "Critical Information" for specific Schedule or SIN requirements.(j)      All offerors must comply with the following:          (1)     Section I Administrative/Contract Data(i.)   The offeror must be registered with the System for Award Management (SAM) at http://www.sam.gov. The information provided must be current, accurate, and complete, and reflect the North American Industrial Classification System (NAICS) code(s) for this solicitation and the SINs proposed. SAM consolidates the information previously contained in the Central Contractor Registration (CCR), Excluded Parties List System (EPLS), and Online Representations and Certifications Application (ORCA) databases.(ii.)   The offeror must provide the following, as applicable:                  (A)  A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts.(B)   A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers.(C)   Information regarding any pending offers under other Schedules, to include the name and phone number of the assigned GSA contract specialist.(D)  Information regarding any currently awarded GSA Schedule contracts, to include the awarded contract number and price list.(iii.)   The offeror must prepare and submit a Small Business Subcontracting Plan, if applicable. The offeror is to complete the Small Business Subcontracting Plan module in eOffer if, pursuant to the applicable NAICS codes and size standards, the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses, nonprofit organizations, and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans, incorporated by reference. The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to negotiation, along with the terms and conditions of any contract resulting from this solicitation. The offeror's subcontracting plan must be approved by the contracting officer prior to award. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer.  Note: GSA's subcontracting goals can be found at the following website:  http://www.sba.gov/content/small-business-goaling.(iv.)   Unless otherwise requested, the offeror shall not submit brochures, newsletters, or other marketing materials.(v.)   An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer, will be involved in any part of the negotiation of the offer, or will be involved in any post-award actions. The template for the Agent Authorization Letter can be found as an attachment to the solicitation. The Agent Authorization Letter has both pre- and post-award delegations. For any resultant contract, the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date (e.g., removing an authorized negotiator that only has pre-award delegations).          (2)     Section II Technical ProposalThe two technical proposal factors are below.  The offeror is required to address Quality Control.  The submission of data in support of Past Performance is optional.(i.)   Quality Control:  The offeror is to submit a single narrative for this factor, regardless of the number of products/services offered. This narrative cannot exceed two (2) pages and must address the following:(A)  A description of internal review procedures that facilitate high-quality standards,                        (B)   Identification of individuals responsible for ensuring quality control,(C)   Whether or not subcontractors are used and, if so, the quality control measures   used to ensure acceptable subcontractor performance,                        (D)  How potential problem areas and solutions are handled,(E)   The procedures for ensuring quality performance when meeting urgent requirements,(F)   How quality control will be managed when completing multiple projects for multiple agencies simultaneously.(ii.)   Past Performance:  The offeror is not required to address this factor, as past performance will be evaluated based on existing information available to the contracting officer.  The offeror may submit relevant past performance references if desired but is not required to.  If submitting relevant past performance references please include point of contact information for each.          (3)     Section III Price Proposal(i.)   GSA's pricing goal is to obtain equal to or better than the offeror's Most Favored Customer (MFC) pricing under the same or similar terms and conditions. GSA seeks to obtain the offeror's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. However, offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted. The U.S. Government Accountability Office has specifically recommended that "the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers."(ii.)   Submit proposed pricing using the attached Price Proposal Template. The Price Proposal Template MUST be submitted in Microsoft Office Excel format. The proposed pricing structure must be consistent with the offeror's commercial practices. Pricing must be clearly identified as based either on a "Commercial Price List" or a "Commercial Market Price," as defined in FAR 2.101 (see "Catalog Price" and "Market Prices" under the definition of "Commercial Item").(A)  If the MFC is a Federal agency, but sales exist to commercial customers, identify which, if any, of the commercial customers receive the contractor's best price.(B)   Proposed prices must include the 0.75% Industrial Funding Fee (IFF) (see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting). This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.(iii.)  Provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly available commercial catalogs/price lists, copies of invoices, contracts, quote sheets, etc., and must be submitted with the offer. There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate. Each supporting document must be clearly labeled with the name of the corresponding proposed product/service.(iv.) The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable. For example, if a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer, the narrative must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable. Any deviation from the offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations.The offeror must also propose a mechanism for future price adjustments, as detailed below:(A)  If pricing proposed in the Price Proposal Template is based on a commercial price list, submit a copy of the company's current, dated price list, catalog, or standard rate sheet (note that this must be an existing, standalone document, and not prepared for purposes of this solicitation). Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment   – Multiple Award Schedule Contracts.                                        OR(B)   If pricing proposed in the Price Proposal Template is based on commercial market prices, future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment – FSS Multiple Award Schedule.  The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator (e.g., the Bureau of Labor Statistics Employment Cost Index).(v.)   Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements. Costs for transportation, lodging, meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. These costs should not be included in proposed prices, as they are to be coordinated at the order level.(vi.)   Complete the Commercial Sales Practices Format (CSP-1) in eOffer in accordance with the instructions provided. Provide a rationale for the given estimate of GSA contract annual sales.(k)     Raising the Bar          In an effort to raise standards under the FSS program, the following requirements have been highlighted in all solicitations and are relevant to this Schedule, as applicable:          (1)     AbilityOne Program ProductsThe AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products, a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission.Certain commercial products are considered "essentially the same" (ETS) as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers, the offeror is required to remove any ETS items from its FSS proposal. This applies only to the following Schedules: 73 – Food Service, Hospitality, Cleaning Equipment and Supplies, Chemicals and Services; 75– Office Products/Supplies and Services and New Products/Technology; 51V – Hardware Superstore; and 70 – General Purpose Commercial Information Technology Equipment, Software, and Services.For more information on the AbilityOne Program, ETS products, and becoming an authorized AbilityOne distributor, please visit www.abilityone.gov, or contact Mr. Eric Beale at ebeale@abilityone.gov/ (703) 603-2119.          (2)     Manufacturer Part Number and Universal Product Code DataManufacturer Part Number (MPN) data must be submitted for all products. The offeror must ensure that the MPN for each proposed product reflects the actual number assigned. Universal Product Code Type A (UPC-A) data must also be submitted for all products for which this information is commercially available. If MPN (and UPC-A data, if commercially available) is submitted incorrectly or not submitted, the associated product may not be awarded.          (3)     Frustrated Freight (applicable only to overseas delivery)The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time, from the moment the order is shipped, to the point of delivery and acceptance. The offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance. An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery.          (4)     Full-Product and Broad-Service OfferingsThe offeror must provide a full and broad array of proposed products/services. Offers will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINs.          (5)     Fair and Reasonable PricingTo determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including pricing on competitor contracts, historical pricing, and currently available pricing in other venues. Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

 

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS‒REPRESENTATION (FEB 2015) (DEVIATION 2015-02)

(a)        In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b)        The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c)    Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

 (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

 

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

 

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