Environmental Services Solicitation TFTP-EW-990899-B (Refresh #11)
Document 9

# COMMERCIAL SALES PRACTICES FORMAT

Name of Offeror\
SIN(s)

Note: Please refer to clause 552.212-70, PREPARATION OF OFFER (MULTIPLE
AWARD SCHEDULE), for additional information concerning your offer.
Provide the following information for each SIN (or group of SINs or
SubSIN for which information is the same).

\(1\) Provide the dollar value of sales to the general public/state or
local government at or based on market prices, cost build up or an
established catalog or market price during the previous 12‑month period
or the offerors last fiscal year: \$\_\_\_\_\_\_\_\_\_\_\_. State
beginning and ending of the 12-month period.
Beginning\_\_\_\_\_\_\_\_Ending\_\_\_\_\_\_\_\_\_\_\_\_\_\_. In the
event that a dollar value is not an appropriate measure of the sales,
provide and describe your own measure of the sales of the item(s). In
the event sales are made only to state or local governments, identify
such sales accordingly.

\(2\) Show your total projected annual sales to the Government under
this contract for the contract term, excluding options, for each SIN
offered. If you currently hold a Federal Supply Schedule contract for
the SIN the total projected annual sales should be based on your most
recent 12 months of sales under that contract.

  ----------- ----------- ----------- ----------- ----------- -----------
  **SIN**     **\$**      **SIN**     **\$**      **SIN**     **\$**

  899-1                   899-2                   899-3       

  899-4                   899-5                   899-6       

  899-7                   899-8                   899-99      

                                                              
  ----------- ----------- ----------- ----------- ----------- -----------

\(3\) Based on your written discounting policies (standard commercial
sales practices in the event you do not have written discounting
policies), are the prices (discounts, concessions, terms and conditions
in any combination) which you offer the Government equal to or better
than that offered to any customer acquiring the same items regardless of
quantity or terms and conditions? YES\_\_\_\_ NO\_\_\_\_\_. (See
definition of "concession" and "discount" in 552.212-70.)

**[(4) (a) Based on your written pricing policies (standard commercial
sales practices in the event you do not have written pricing policies),
provide information as requested for each SIN (or group of SINs for
which the information is the same). The information should be provided
in the chart below or in an equivalent format developed by the offeror.
Rows should be added to accommodate as many customers as
required.]{.underline}**

  -------------- ---------------------- ----------------- -----------------
  Column 1 --    Column 2 --Price\*\    Column 3 --       Column 4 --
  Customer       (\*Disclosures should  Quantity/Volume   Discounts,
                 be made on a separate                    Concessions,
                 sheet)                                   Terms and
                                                          Conditions

  See document 8 See document 8         See document 8    See document 8
  -------------- ---------------------- ----------------- -----------------

(b) Identify prices offered to GSA in response to this solicitation for
    services using the table below:

  ----------------- ----------------- ----------------- -----------------
  Column 5 -- Price Column 6 -- Unit  Column 7 --       Column 8 --
  Offered to GSA    of Issue (e.g.,   Quantity/Volume   Discount,
                    per hour, per                       Concessions,
                    day)                                Terms and
                                                        Conditions
                                                        Offered to GSA

  See document 8    See document 8    See document 8    See document 8
  ----------------- ----------------- ----------------- -----------------

\(c\) Do any deviations from your written policies or standard
commercial sales practices disclosed in the chart in paragraph 4(a) ever
result in better prices than indicated? YES \_\_\_\_ NO\_\_\_\_\_. If
YES, explain deviations in accordance with the instructions at Figure
515.4-2, which is provided in this solicitation for your convenience.

Figure 515.4-2---Instructions for Commercial Sales Practices Format

If you responded "YES" to question (3), on the COMMERCIAL SALES
PRACTICES FORMAT, complete the chart in question (4)(a) for the
customer(s) who receive your best price. If you responded "NO" complete
the chart in question (4)(a) showing your written policies or standard
sales practices for all customers or customer categories to whom you
sell at a price that is equal to or better than the price(s) offered to
the Government under this solicitation or with which the Offeror has a
current agreement to sell at a price which equals or exceeds the
price(s) offered under this solicitation. Such agreement shall be in
effect on the date the offer is submitted or contain an effective date
during the proposed multiple award schedule contract period. If your
offer is lower than your price to other customers or customer
categories, you will be aligned with the customer or category of
customer that receives your best price for purposes of the Price
Reduction clause at 552.238-75. The Government expects you to provide
information required by the format in accordance with these instructions
that is, to the best of your knowledge and belief, current, accurate,
and complete as of 14 calendar days prior to its submission. You must
also disclose any changes in your price list(s), discounts, prices
and/or policies that occur after the offer is submitted, but before the
close of negotiations. If your pricing practices vary, the variations
should be explained clearly to include a description of the
circumstance, frequency, and selling terms and conditions. You may limit
the information reported to those services that exceed 75% of actual
historical Government sales (commercial sales may be substituted if
Government sales are unavailable) value of the special item number
(SIN).

**Column 1**---**Identify the applicable customer or category of
customer**. A \"customer\" is any entity which acquires supplies or
services from the Offeror. The term customer includes, but is not
limited to state and local governments, educational institutions (an
elementary, junior high, or degree granting school which maintains a
regular faculty and established curriculum and an organized body of
students), national accounts, and end users. In any instance where the
Offeror is asked to disclose information for a customer, the Offeror may
disclose information by category of customer if the offeror\'s pricing
policies or practices are the same for all customers in the category.
(Use a separate line for each customer or category of customer.)\
**Column 2---Identify the price.** Indicate the best price (based on
your written pricing policies or standard commercial pricing practices
if you do not have written pricing policies) at which you sell to the
customer or category of customer identified in column 1, without regard
to quantity; terms and conditions of the agreements; and whether the
agreements are written or oral. If the price is a combination of various
discounts (prompt payment, quantity, etc.), each type of discount should
be fully identified and explained. If the price lists which are the
basis of the discounts given to the customers identified in the chart
are different than the price list submitted upon which your offer is
based, identify the type or title and date of each price list. The
contracting officer may require submission of these price lists. To
expedite evaluation, offerors may provide these price lists at the time
of submission. If market prices are used, provide documentation to
substantiate pricing (e.g., agreements with corporate customers,
internal policies, market prices, quote sheets, pricing agreements and
invoices, etc.) and identify the effective period, pricing and any other
terms and conditions clearly. If prices are based on cost, provide
information other than certified cost or pricing data to show how the
offeror arrived at the proposed price. A price certification is not
required. If rates are audited by a Federal Agency, include this
information in the narrative. Disclosures should be made on a separate
sheet.\
**Column 3---Identify the quantity or volume of sales.** Insert the
minimum quantity or sales volume which the identified customer or
category of customer must either purchase/order, per order or within a
specified period for the best price. When purchases/orders must be
placed within a specified period to get the best price, indicate the
time period.\
**Column 4---Indicate concessions regardless of quantity granted to the
identified customer or category of customer.** Concessions are defined
in solicitation clause 552.212-70, Preparation of Offers (Multiple Award
Schedule). If the space provided is inadequate, the disclosure should be
made on a separate sheet by reference.\
**Columns 5-8---Fill in the requested information.\
**If you respond "YES" to question 4 (c) in the Commercial Sales
Practices Format, provide an explanation of the circumstances under
which you deviate from your written policies or standard commercial
sales practices disclosed in the chart on the Commercial Sales Practices
Format and explain how often they occur. Your explanation should include
a discussion of situations that lead to deviations from standard
practice, an explanation of how often they occur, and the controls you
employ to assure the integrity of your pricing. If deviations from your
written policies or standard commercial sales practices disclosed in the
chart on the Commercial Sales Practices Format are so significant and/or
frequent that the Contracting Officer cannot establish whether the
price(s) offered is fair and reasonable, then you may be asked to
provide additional information. The Contracting Officer may ask for
information to demonstrate that you have made substantial sales of the
item(s) in the commercial market consistent with the information
reflected on the chart on the Commercial Sales Practice Format, a
description of the conditions surrounding those sales deviations, or
other information that may be necessary in order for the Contracting
Officer to determine whether your offered price(s) is fair and
reasonable. In cases where additional information is requested, the
Contracting Officer will target the request in order to limit the
submission of data to that needed to establish the reasonableness of the
offered price.

DOCUMENT 9

#### CSP-1 COMMERCIAL SALES PRACTICES FORMAT 

Name of Offeror

SIN(s)

Note: Please refer to clause 552.212-70, PREPARATION OF OFFER (MULTIPLE
AWARD SCHEDULE), for additional information concerning your offer.
Provide the following information for each SIN (or group of SINs or
SubSIN for which information is the same).

\(1\) Provide the dollar value of sales to the general public at or
based on an established catalog or market price during the previous
12‑month period or the Offerors last fiscal year:
\$\_\_\_\_\_\_\_\_\_\_\_. State beginning and ending of the 12 month
period. Beginning\_\_\_\_\_\_\_\_Ending\_\_\_\_\_\_\_\_\_\_\_\_\_\_. In
the event that a dollar value is not an appropriate measure of the
sales, provide and describe your own measure of the sales of the
item(s).

\(2\) Show your total projected annual sales to the Government under
this contract for the contract term, excluding options, for each SIN
offered. If you currently hold a Federal Supply Schedule contract for
the SIN the total projected annual sales should be based on your most
recent 12 months of sales under that contract.

SIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_\_;\
SIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_\_;\
SIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_\_;

\(3\) Based on your written discounting policies (standard commercial
sales practices in the event you do not have written discounting
policies), are the discounts and any concessions which you offer the
Government equal to or better than your best price (discount and
concessions in any combination) offered to any customer acquiring the
same items regardless of quantity or terms and conditions? YES\_\_\_\_
NO\_\_\_\_\_. (See definition of "concession" and "discount" in
552.212-70.)

\(4\) (a) Based on your written discounting policies (standard
commercial sales practices in the event you do not have written
discounting policies), provide information as requested for each SIN (or
group of SINs for which the information is the same) in accordance with
the instructions at Figure 515.4-2, which is provided in this
solicitation for your convenience. The information should be provided in
the chart below or in an equivalent format developed by the Offeror.
Rows should be added to accommodate as many customers as required.

  -------------- -------------- ----------------- -------------- --------------
  Column 1---\   Column 2---\   Column 3---\      Column 4---\   Column 5---\
  Customer       Discount       Quantity/Volume   FOB Term       Concessions

                                                                 

                                                                 

                                                                 
  -------------- -------------- ----------------- -------------- --------------

\(b\) Do any deviations from your written policies or standard
commercial sales practices disclosed in the above chart ever result in
better discounts (lower prices) or concessions than indicated? YES
\_\_\_\_ NO\_\_\_\_\_. If YES, explain deviations in accordance with the
instructions at Figure 515.4-2, which is provided in this solicitation
for your convenience .

\(5\) If you are a dealer/reseller without significant sales to the
general public, you should provide manufacturers' information required
by paragraphs (1) through (4) above for each item/SIN offered, if the
manufacturer's sales under any resulting contract are expected to exceed
\$500,000. You must also obtain written authorization from the
manufacturer(s) for Government access, at any time before award or
before agreeing to a modification, to the manufacturer's sales records
for the purpose of verifying the information submitted by the
manufacturer. The information is required in order to enable the
Government to make a determination that the offered price is fair and
reasonable. To expedite the review and processing of offers, you should
advise the manufacturer(s) of this requirement. The contracting officer
may require the information be submitted on electronic media with
commercially available spreadsheet(s). The information may be provided
by the manufacturer directly to the Government. If the manufacturer\'s
item(s) is being offered by multiple dealers/resellers, only one copy of
the requested information should be submitted to the Government. In
addition, you must submit the following information along with a listing
of contact information regarding each of the manufacturers whose
products and/or services are included in the offer (include the
manufacturer\'s name, address, the manufacturer\'s contact point,
telephone number, and FAX number) for each model offered by SIN:

\(a\) Manufacturer\'s Name

\(b\) Manufacturer\'s Part Number

\(c\) Dealer\'s/Reseller\'s Part Number

\(d\) Product Description

\(e\) Manufacturer\'s List Price

\(f\) Dealer\'s/Reseller\'s percentage discount from List Price or net
prices

Figure 515.4-2---Instructions for Commercial Sales Practices Format

If you responded "YES" to question (3), on the COMMERCIAL SALES
PRACTICES FORMAT, complete the chart in question (4)(a) for the
customer(s) who receive your best discount. If you responded "NO"
complete the chart in question (4)(a) showing your written policies or
standard sales practices for all customers or customer categories to
whom you sell at a price (discounts and concessions in combination) that
is equal to or better than the price(s) offered to the Government under
this solicitation or with which the Offeror has a current agreement to
sell at a discount which equals or exceeds the discount(s) offered under
this solicitation. Such agreement shall be in effect on the date the
offer is submitted or contain an effective date during the proposed
multiple award schedule contract period. If your offer is lower than
your price to other customers or customer categories, you will be
aligned with the customer or category of customer that receives your
best price for purposes of the Price Reduction clause at 552.238-75. The
Government expects you to provide information required by the format in
accordance with these instructions that is, to the best of your
knowledge and belief, current, accurate, and complete as of 14 calendar
days prior to its submission. You must also disclose any changes in your
price list(s), discounts and/or discounting policies which occur after
the offer is submitted, but before the close of negotiations. If your
discount practices vary by model or product line, the discount
information should be by model or product line as appropriate. You may
limit the number of models or product lines reported to those which
exceed 75% of actual historical Government sales (commercial sales may
be substituted if Government sales are unavailable) value of the special
item number (SIN).

**Column 1**---**Identify the applicable customer or category of
customer**. A \"customer\" is any entity, except the Federal Government,
which acquires supplies or services from the Offeror. The term customer
includes, but is not limited to original equipment manufacturers, value
added resellers, state and local governments, distributors, educational
institutions (an elementary, junior high, or degree granting school
which maintains a regular faculty and established curriculum and an
organized body of students), dealers, national accounts, and end users.
In any instance where the Offeror is asked to disclose information for a
customer, the Offeror may disclose information by category of customer
if the Offeror\'s discount policies or practices are the same for all
customers in the category. (Use a separate line for each customer or
category of customer.)

**Column 2---Identify the discount.** The term "discount" is as defined
in solicitation clause 552.212-70, Preparation of Offer (Multiple Award
Schedule). Indicate the best discount (based on your written discounting
policies or standard commercial discounting practices if you do not have
written discounting policies) at which you sell to the customer or
category of customer identified in column 1, without regard to quantity;
terms and conditions of the agreements under which the discounts are
given; and whether the agreements are written or oral. Net prices or
discounts off of other price lists should be expressed as percentage
discounts from the price list which is the basis of your offer. If the
discount disclosed is a combination of various discounts (prompt
payment, quantity, etc.), the percentage should be broken out for each
type of discount. If the price lists which are the basis of the
discounts given to the customers identified in the chart are different
than the price list submitted upon which your offer is based, identify
the type or title and date of each price list. The contracting officer
may require submission of these price lists. To expedite evaluation,
Offerors may provide these price lists at the time of submission.

**Column 3---Identify the quantity or volume of sales.** Insert the
minimum quantity or sales volume which the identified customer or
category of customer must either purchase/order, per order or within a
specified period, to earn the discount. When purchases/orders must be
placed within a specified period to earn a discount indicate the time
period.

**Column 4---Indicate the FOB delivery term for each identified
customer.** See FAR 47.3 for an explanation of FOB delivery terms.

**Column 5---Indicate concessions regardless of quantity granted to the
identified customer or category of customer.** Concessions are defined
in solicitation clause 552.212-70, Preparation of Offers (Multiple Award
Schedule). If the space provided is inadequate, the disclosure should be
made on a separate sheet by reference.

If you respond \"YES\" to question 4 (b) in the Commercial Sales
Practices Format, provide an explanation of the circumstances under
which you deviate from your written policies or standard commercial
sales practices disclosed in the chart on the Commercial Sales Practices
Format and explain how often they occur. Your explanation should include
a discussion of situations that lead to deviations from standard
practice, an explanation of how often they occur, and the controls you
employ to assure the integrity of your pricing. Examples of typical
deviations may include, but are not limited to, one time goodwill
discounts to charity organizations or to compensate an otherwise
disgruntled customer; a limited sale of obsolete or damaged goods; the
sale of sample goods to a new customer; or the sales of prototype goods
for testing purposes.

If deviations from your written policies or standard commercial sales
practices disclosed in the chart on the Commercial Sales Practices
Format are so significant and/or frequent that the Contracting Officer
cannot establish whether the price(s) offered is fair and reasonable,
then you may be asked to provide additional information. The Contracting
Officer may ask for information to demonstrate that you have made
substantial sales of the item(s) in the commercial market consistent
with the information reflected on the chart on the Commercial Sales
Practice Format, a description of the conditions surrounding those sales
deviations, or other information that may be necessary in order for the
Contracting Officer to determine whether your offered price(s) is fair
and reasonable. In cases where additional information is requested, the
Contracting Officer will target the request in order to limit the
submission of data to that needed to establish the reasonableness of the
offered price.