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BID SAMPLE REQUIREMENTS (MAY 1989) This provision supplements FAR 52.214–20, which is incorporated by reference. Samples shall be from the production of the manufacturer whose products will be supplied under resultant contracts.

(a) Two bid samples are required fo each of the following items in this solicitation:

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NOTE: (1) Bidders

Are or

Are Not authorized to re-apply samples being retained by GSA in connection with previous solicitations and/or resultant contracts. When the block “Are" is marked by the Government, FAR 52.214–20, Alternate II, shall apply.

(2) Bidders who propose to furnish an item or group of items from more than one manufacturer or production point must submit two samples from the production of each manufacturer or production point.

(c) Samples will be evaluated to determine compliance with all characteristics listed below:

EXAMINATION OF RECORDS BY GSA (APR 1984)

The Contractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term “subcontract” as used in this clause excludes (a) purchase orders not exceeding $10,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(End of Clause)

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552.216-71 Economic price adjust

ment-FSS multiple award schedule

contracts As prescribed in 516.203-4(b), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (OCT 1985) Price adjustments include price increases and price decreases. Adjustments will be considered as follows:

(a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause.

(b) Contractors may request price increases under the following conditions:

(1) Increases resulting from a reissue or other modification of the Contractor's commercial catalog/pricelist that was used as the basis for the contract award.

(2) Only three increases will be considered during the contract period.

(3) Increases are requested after the first 30 days of the contract period and prior to the last 60 days of the contract period.

(4) At least 30 days elapse between requested increases.

(c) The aggregate of the increases in any contract unit price under this clause shall not exceed

* percent of the original contract unit price. The Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase.

(d) The following material shall be submitted with the request for a price increase:

(1) A copy of the commercial catalog/pricelist showing the price increase and the effective date for commercial customers.

(2) Discount Schedule and Marketing Data regarding the Contractor's commercial pricing practice relating to the reissued or modified catalog/price list, or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission.

(3) Documentation supporting the reasonableness of the price increase.

(e) The Government reserves the right to exercise one of the following options:

(1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied;

(2) Negotiate more favorable discounts from the new commercial prices when the total increase requested is not supported; or,

(3) Remove the product(s) from contract involved pursuant to the Cancellation Clause of this contract, when the increase requested is not supported.

(f) The contract modification reflecting the price adjustment shall be signed by the Government and made effective upon receipt of notification from the Contractor that the new catalog/pricelist has been mailed to the addressees previously furnished by the Contracting Officer, provided that in no event shall such price adjustment be effective prior to the effective date of the commercial price increases. The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification.

(End of Clause) * Insert the percent appropriate at the time the solicitation is issued. This percentage should normally be 10 percent, unless based on a trend established by an appropriate index such as the Producer Prices and Price Index during the most recent 6-month period indicating that a different percentage is more appro-priate. Any ceiling other than 10 percent must be approved by the contracting director.

Alternate I (Jan 1989) The following is substituted for paragraphs (b) and (c) of the clause:

(b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met:

(1) Increases resulting from a reissue or other modification of the Contractor's commercial catalog/pricelist that was used as the basis for the contract award.

(2) No more than three increases will be considered during each succeeding 12-month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b)).

(3) Increases are requested before the last 60 days of the contract period.

(4) At least 30 days elapse between requested increases.

(c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed * percent of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change.

(End of Clause) *Insert the percentage appropriate at the time the solicitation is issued. This percentage should be determined based on the trend established by an appropriate index such as the Producer Prices and Price Index. A ceiling of more than 10 percent must be approved by the contracting director.

552.216–72 Economic Price Adjust

ment-Stock and Special Order Pro

gram Contracts. As prescribed in 516.203-4(c)(2), insert the following clause:

ECONOMIC PRICE ADJUSTMENT-STOCK AND SPE

CIAL ORDER PROGRAM CONTRACTS (AUG 1990)

(a) “Producer Price Index” (PPI), as used in this clause, means the originally released index, not seasonally adjusted, published by the Bureau of Labor Statistics, U.S. Department of Labor (Labor) for product code

341-1890-93---16

found under Table (b) During the term of the contract, the award price may be adjusted once upward or downward a maximum of * percent. Any price adjustment for the product code shall be based upon the percentage change in the PPI released in the month prior to the initial month of the contract period specified in the solicitation for sealed bidding or the month prior to award in negotiation (the base index) and the PPI released 12 months later (the updated index). The formula for determining the Adjusted Contract Price (ACP) applicable to shipments for the balance of the contract period is

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(c) If the PPI is not available for the month of the base index or the updated index, the month with the most recently published PPI prior to the month determining the base index or updated index shall be used.

(d) If a product code is discontinued, the Government and the Contractor will mutually agree to substitute a similar product code. If Labor designates an index with a new title and/or code number as continuous with the product code specified above, the new index shall be used.

(e) Unless the Contractor's written request for a price adjustment resulting from the application of the formula in (b) above is received by the Contracting Officer within 30 calendar days of the release of the updated index, the Contractor shall have waived its right to an upward price adjustment for the balance of the contract. Alternatively, the Contracting Officer will unilaterally adjust the award price downward when appropriate using the updated index defined in (b) above.

(f) Price adjustments shall be effective upon execution of a contract modification by the Government or on the 31st day following the release of the updated index, whichever is later, shall indicate the updated index and percent of change as well as the ACP, and shall not apply to delivery orders issued before the effective date.

(e) Unless the Contractor's written request for a price adjustment resulting from the application of the formulas in (b) (1) or (2) above is received by the Contracting Officer within 30 calendar days of the date of the Government's preliminary written notice of its intent to exercise the option, the contractor shall have waived its right to an up ward price adjustment for that option period. Alternatively, the Contracting Officer in its written notice shall exercise the option at the CCP or at a reduced price when appropriate using the formulas in (b) (1) or (2) above.

(f) Price adjustments shall be effected by execution of a contract modification by the Government indicating the most recent up dated index and percent of change and shall apply to delivery orders placed on or after the first day of the option period.

Alternate II (AUG 1990) As prescribed in 516.203 4(c)(2), add the following paragraph (g) to the basic clause.

(8) No price adjustment will be made unless the percentage change in the PPI is at least** percent.

(End of Clause)

Alternate I (AUG 1990) As prescribed in 516.203 A(C)(2), substitute the following paragraphs (b), (e) and (f) for paragraphs (b), (e) and (f) of the basic clause:

(b) In any option period, the contract price may be adjusted upward or downward a maximum of* percent.

(1) For the first option period, any price adjustment for the product code shall be based upon the percentage change in the PPI released in the month prior to the initial

*The appropriate percentage should be de termined based upon the historical trend in the PPI for the product code. A ceiling of

more than 10 percent must be approved by the Contracting Director.

**The Contracting Officer should insert a lower percent than the maximum percentage stated in paragraph (b) of the clause. (55 FR 39279, Sept. 26, 1990)

lation of this restriction may result in termination of the contract pursuant to the default clause of this contract.

(b) When mutually agreeable to GSA and the Contractor, delivery orders may be placed electronically using American National Standards Institute (ANSI) X12 Standard for Electronic Data Interchange (EDI) procedures.

(c) When EDI procedures are to be used to place delivery orders, the Contractor shall enter into a Trading Partner Agreement (TPA) with GSA. The TPA shall identify, among other things, the third party provider(s) through which electronic orders are placed, the transaction sets used, security procedures, and guidelines for implementation.

Alternate II (Dec 1990). As prescribed in 516.505, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) Delivery orders under this contract may be placed by either the using Federal agencies or GSA. (56 FR 376, Jan. 4, 1991)

552.217-70 Evaluation of Options.

As prescribed in 517.208, insert the following provision:

552.216-73 Placement of orders.

As prescribed in 516.505, insert the following clause:

PLACEMENT OF ORDERS (DEC 1990) (a) Orders will be placed by: (Contracting Officer insert names of Federal agencies).

(b) When mutually agreeable to the ordering agency and the contractor, delivery orders may be placed electronically using American National Standards Institute (ANSI) X12 Standard for Electronic Data Interchange (EDI) procedures.

(c) When EDI procedures are to be used to place delivery orders, the Contractor shall enter into one or more Trading Partner Agreements (TPA) with each Federal agency placing orders electronically in order to ensure mutual understanding by the parties of certain electronic transaction conventions and to recognize the rights and responsibilities of the parties as they apply to this method of placing delivery orders. The TPA shall identify, among other things, the third party provider(s) through which electronic orders are placed, the transaction sets used, security procedures, and guidelines for implementation.

(d) The Contractor shall be responsible for providing its own hardware and software necessary to transmit and receive data electronically under the framework of the TPA. Additionally, each party to the TPA shall be responsible for the costs associated with its use of third party provider services.

(e) Nothing in the TPA will invalidate any part of this contract between the Contractor and the General Services Administration. All terms and conditions of this contract that otherwise would be applicable to a mailed delivery order shall apply to the electronic order.

(f) The basic content and format of the TPA will be provided by: General Services Administration, Systems Inventory and Operations Management Center (FCS), Washington, DC 20406, Telephone: (Contracting Officer insert FAX: appropriate telephone numbers). (End of Clause)

Alternate 1 (Dec 1990). As prescribed in 516.505, substitute the following paragraphs (a), (b), and (c) for paragraphs (a), (b), and (c) of the basic clause:

(a) All orders under this contract will be placed by the General Services Administration (GSA). The Contractor is not authorized to accept orders from any other agency. Vio

EVALUATION OF OPTIONS (AUG 1990) (a) The Government will evaluate offers for award purposes by determining the lowest base period price. When option year pricing is based on a formula (e.g., changes in the Producer Price Index or other common standard); option year pricing is automatically considered when evaluating the base year price, as any change in price will be uniformly related to changes in market conditions. All options are therefore considered to be evaluated. Evaluation of options will not obligate the Government to exercise the option(s).

(b) The Government will reject the offer if exceptions are taken to the price provisions of the Economic Price Adjustment clause, unless the exception results in a lower maximum option year price. Such offers will be evaluated without regard to the lower option year(s) maximum. However, if the offeror offering a lower maximum is awarded a contract, the award will reflect the lower maximum.

(End of Provision)

(55 FR 39280, Sept. 26, 1990)

552.217-71 Notice

Regarding Option(s). As prescribed in 517.208(a), insert the following provision:

(End of Provision)

(55 FR 8954, Mar. 9, 1990, as amended at 56 FR 47006, Sept. 17, 1991)

NOTICE REGARDING OPTION(S) (NOV 1992) The General Services Administration (GSA) has included an option to (Insert "purchase additional quantities of supplies or services" or "extend the term of this contract" or "purchase additional quantities of supplies or services and to extend the term of this contract”) in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA's quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the contractor's past performance under this contract in accordance with 48 CFR 517.207. (End of Provision) (57 FR 59939, Dec. 17, 1992)

552.219-71 Allocation of orders-par

tially set-aside items. As prescribed in 519.508, insert the following clause: ALLOCATION OF ORDERS/PARTIALLY SET

ASIDE ITEMS (JUNE 1986) Where the set-aside portion of an item or group of items is awarded to a Contractor other than the one receiving the award on the corresponding non-set-aside portion, the Government will divide the requirements to be ordered between the two contractors with the objective of achieving, as nearly as possible, a 50/50 division of the total value of orders placed after the award of the set-aside portion. In no case will this division vary by more than a 60/40 division (with either the non-set-aside or set-aside Contractor receiving the larger portion) from the time of the award of the set-aside portion.

(End of Clause)

552.219-1 Small business concern rep

resentation. As prescribed in 519.304(a), insert the following provision:

(54 FR 26558, June 23, 1989, as amended at 54 FR 40060, Sept. 29, 1989)

SMALL BUSINESS CONCERN REPRESENTATION

(MAY 1991) (Deviation FAR 52.219_1) (a) Representation. The offeror represents and certifies as part of its offer that it is, is not a small business concern.

(b) Definition. Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in this solicitation.

(c) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility shall (1) Be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies including suspension and debarment; and (3) be ineligible for participation in programs conducted under the authority of the Act.

552.219-72 Notice to offerors of sub

contracting plan requirements. As prescribed in 519.708(a), insert the following provision: NOTICE TO OFFERORS OF SUBCONTRACTING

PLAN REQUIREMENTS (NOV 1988) Offerors, prior to being awarded any contract exceeding $500,000 ($1 million for construction), shall be required to submit an acceptable subcontracting plan (see FAR 52.219-9) or demonstrate that no subcontracting opportunities exist. This provision does not apply to small business concerns.

(End of Provision) (54 FR 26558, June 23, 1989, as amended at 54 FR 40060, Sept. 29, 1989; 56 FR 64214, Dec. 9, 1991)

552.219-73 Preparation and Submis

sion of Subcontracting Plans. As prescribed in 519.708(b), insert the following provision:

PREPARATION AND SUBMISSION OF

SUBCONTRACTING PLANS (NOV 1991) (a) This solicitation requires the submission of a subcontracting plan in the format described in FAR 52.219-9 by all offerors that are not small business concerns. In preparing its subcontracting plan, the offeror shall

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