**MODIFICATIONS TO EXISTING CONTRACT**

**[INSTRUCTIONS FOR SUBMITTING MODIFICATION REQUESTS]{.underline}**

Please follow the following guidelines when requesting modification
changes to your contract:

1\. If you are requesting an **economic price adjustment**, you must
submit a letter stating the reason for the price increase. If a letter
from the manufacturer is available (regarding the price increase),
please submit a copy. Additionally, you should state the amount of
percentage increase in your letter. If the price increases are a range,
you must provide a spreadsheet listing all of the products affected by
the price increase, along with the applicable percentage of increase.
Additionally, provide two copies of your new commercial price list
(cross off the items you are not offering and the remaining products
must be identified with the applicable Special Item Number). You must
also submit the modification package (Attachment 9), **or** a
certification statement as per clause 552.216-70, paragraph (d)(2).

2\. If there are **price reductions**, you must submit an itemized list
and state that there have been price reductions. The itemized list
should include the model numbers, the old price list date and old
prices, and the new price list date and new prices. Note: Contractor's
shall notify the Contracting Officer of any price reduction subject to
clause 552.238-75 -- Price Reductions, as soon as possible, but not
later than 15 calendar days after its effective date (see paragraph (f)
of the applicable clause).\
\
3. If you are **changing model numbers**, you must provide an itemized
list of the old and new model numbers. Provide two copies of the new
price list, or addendum to the price list. Note: model number changes
are for products that have the same function and for models that have
not had significant changes. Otherwise, the product should be considered
new.\
\
4. If some of the **models are discontinued**, you must provide a
statement in your letter and must also submit an itemized list.

5\. If you are **adding new models, new Special Item Numbers (SIN's) and
or new brands**, you must complete the contract modification package
(attachment 9). Additionally, you must itemize the new information and
provide two copies of the new price list. Note: the sales of the new
products must be included in the sales figure in the CSP, paragraph 1.
If the sales are not included, you may request that the products be
added at a later date when there have been significant sales to the
general public, or you may provide 2 or more price comparisons for a
reasonable random selection of products offered, for the same or similar
items.\
\
6. If you are **adding a new product line to your contract**, you must
submit the modification package (attachment 9), and the applicable
attachment for the new product line.

7\. If your company is a dealer, and there are no commercial sales to
the general public, list the manufacturer's sales on paragraph (1) of
the CSP. State in your cover letter the fact that your company has not
had sales to the general public. If your company has had Government
sales, you may include the information on your cover letter. The MFC
information in the chart under paragraph 4(a) of the CSP should be your
information not the manufacturer's. If your company has several brands,
the MFC information should be at the individual brand level, not the
overall MFC for all brands on your contract. Additionally, you will be
requested to provide 2 or more price comparisons for a reasonable random
selection of products offered, for the same or similar items.\
\
State in your cover letter if the price list you are offering is in
addition to what is currently on your contract, or if it is a
replacement. Also make a statement as to the overall changes you are
requesting (if there are price increases, price reductions, model
deletions and or model additions).\
\
Please be sure to line through any items in your catalog that you do not
wish to offer and also the items that should be excluded because they
are from a non-designated country of origin under the Trade Agreements
Act (if applicable). Identify each of the remaining products with the
applicable Special Item Number (SIN).

**CHECKLIST OF REQUIRED INFORMATION**

**ADDITION OF NEW ITEMS/SPECIAL ITEM NUMBERS (SIN)**

**OR REQUEST FOR AN ECONOMIC PRICE ADJUSTMENT**

FEDERAL SUPPLY SCHEDULE 73 "Food Service, Hospitality, Cleaning
Equipment and Supplies, Chemicals and Services".

CONTRACT NUMBER: GS-\_\_\_F-\_\_\_\_\_\_\_

\[ \] 1. When adding additional items/brands/SINs, you must provide the
information requested in paragraph (1) and (2) of clause CSP-1,
Commercial Sales Practices Format, attached in Enclosure A.. **Please
note that the commercial sales figure provided must be for the new
items/brands/SIN(s) proposed for addition. If multiple brands or SINs
are proposed for addition, commercial sales should be broken down by
brand or SIN**.

\[ \] 2. If other than the manufacturer and you are offering a brand
**not** already awarded under your current contract, clause I‑FSS-644,
Dealers and Suppliers, requires you to provide a letter of commitment
from the manufacturer for each new brand offered. The letter needs to be
on the manufacturer's original letterhead with an original signature
from an officer (CEO, President, Vice President) of the company. It must
reference your contract number (GS-XXF-XXXXX), the contract period
(found in your contract), and contain a statement similar to the
following: "[Manufacturer's Name]{.underline} guarantees [Your Company
Name]{.underline} a source of supply sufficient to meet the Government's
requirements", and end products are US Made.

\[ \] 3. Indicate the offered discount for the new items/SINs in
Enclosure B.

\[ \] 4. Submit the information requested in paragraphs 3 through 5 of
clause CSP-1, Commercial Sales Practices Format, in Enclosure A. If this
information is the same as the initial award, a statement to that effect
may be submitted instead.

\[ \] 5. Submit two copies of product literature and ALL applicable
(non-Government) dated published price lists. Identify items in the
price list by SIN, and exclude any items/terms not being offered or not
appropriate for the SIN. See clause 552.212-70, Preparation of Offer,
MAS, in Enclosure F.

\[ \] 6. Signify any additional discounts offered, such as prompt
payment, quantity, etc. in Enclosure B.

\[ \] 7. Furnish a description of any concessions being offered, which
are not granted to other customers, in Enclosure B.

\[ \] 8. Include the production point(s) for the new items/SINs, in
accordance with clauses 52.215-6, Place of Performance, in Enclosure B
and E-FSS-516, Production Point and Inspection Information, in Enclosure
C.

\[ \] 9. Include the delivery time for the new items/SINs, in accordance
with clause 552.211-78, Commercial Delivery Schedule, MAS, in Enclosure
C.

\[ \] 10. Include information regarding compliance with clause 52.225-5,
Trade Agreements Act and Certification Regarding Knowledge of Child
Labor for Listed End Products, in Enclosure D.

\[ \] 11. Submit Hazardous Material information, if applicable,
according to clause 52.223-3, Alternate I, Hazardous Material
Identification and Material Safety Data, in Enclosure E.

\[ \] 12. When requesting an economic price adjustment, you must provide
the information requested in paragraph (d) of clause 552.216-70,
Alternate I, Economic Price Adjustment---FSS Multiple Award Schedule
Contracts, in Enclosure F.

\[ \] **NOTE: If you are adding new items from a product line that is
different than the product line used at the time of initial award of
your contract, then you must also submit the product line attachment
applicable to the new items being added. For example, if at the time of
initial award the items awarded came under the Chemicals and Chemical
Products product line (FSC 68) and you are wanting to add new items that
come under the Cleaning Equipment product line (FSC 79), then you must
complete and submit the FSC 79 Attachment in addition to this
Modification Attachment.**

**ENCLOSURE A**

**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]{.underline}**
(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). **For evaluation purposes only, provide a copy of your
commercial price list that was applicable during the time period shown
in this paragraph.**

\(2\) 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 Figure 515.4-2 on following pages for instructions.** **See
definition of "concession" and "discount" in Clause 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 on the following
pages 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     | Column 2--- | Column 3--- | Column 4--- | Column 5--- |
| 1--- Most  | Basic       | Quan        |             | Concessions |
| Favored    | Discount    | tity/Volume | FOB Term    |             |
| Customer   |             | Discounts   |             | (see        |
| (MFC)      | Granted MFC |             |             | 552.212-70  |
|            |             |             |             | for         |
|            |             |             |             | examples)   |
+------------+-------------+-------------+-------------+-------------+
|            |             |             |             |             |
+------------+-------------+-------------+-------------+-------------+
|            |             |             |             |             |
+------------+-------------+-------------+-------------+-------------+
|            |             |             |             |             |
+------------+-------------+-------------+-------------+-------------+

(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.

### SOURCE SELECTION INFORMATION -- SEE FAR 3.104 

> \(5\) 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

### 

### 

### 

### SOURCE SELECTION INFORMATION -- SEE FAR 3.104

**Explanation of information required in Clause CSP-1 -- Commercial
Sales Practices Format**

The following pages contain the Commercial Sales Practices (CSP) Format
section of the basic solicitation. This information relates to the terms
and conditions offered to your commercial (i.e., Non-Federal Government)
customers. All information must be provided on this page before your
offer can be sufficiently evaluated. Failure to provide accurate,
current and complete CSP information may result in rejection of your
offer.

Please refer to clause 552.212-70, PREPARATION OF OFFER (MULTIPLE AWARD
SCHEDULE) in the Basic Solicitation Document, for additional information
concerning preparation and submission of your offer. The following basic
information is provided for each paragraph of the CSP. Please refer to
the in-depth instructions found in Figure 515.4-2 -- Instructions for
Commercial Sales Practices Format, for additional information.

\(1\) The dollar figure provided should reflect sales to the general
public based on established catalog or market prices during the most
recent 12‑month period for which data is available or for the offerors
last fiscal year. Please ensure that the date provided includes at least
the month and year. Please provide ACTUAL figures, do not provide
rounded figures.

For evaluation purposes only, provide a copy of your commercial price
list that was applicable during the time period shown in this paragraph.

**If you are a dealer/reseller and the dollar value of sales to the
general public is limited, please see Paragraph 5 of the CSP and provide
the information requested therein.**

\(2\) Show your total projected annual sales to the Government for each
SIN offered. If you have not made sales to the Federal Government for
the items offered, provide your best estimate of anticipated sales under
any resultant contract.

\(3\) See Figure 515.4-2 for additional explanation. Also, please refer
to Clause 552.212-70 in the Basic Solicitation Document for definitions
of "concession" and "discount."

\(4\) (a) The information provided in this chart should reflect the
terms and conditions offered to your commercial customers. Information
should be provided for all customers who receive terms equal to or
better than those offered the Government.

[Column 1]{.underline} -- Customer is the customer (i.e., Company XYZ)
or category of customer (i.e., dealers, distributors, State, County,
City and Local Governments, etc.) who receive the terms being disclosed.

[Column 2]{.underline} -- Provide in this column any basic discount
offered this customer. A basic discount is any discount offered without
regard for quantity (i.e., for a quantity of one). If you do not offer
any basic discounts, insert "NONE."

[Column 3]{.underline} -- Provide in this column any quantity or volume
discounts offered this customer. For example, a discount of 10% is
offered when 20+ units are purchased, OR a discount of 10% is offered
when the net order exceeds \$20,000.00. This discount is exclusive of
any Basic Discount offered.

[Column 4]{.underline} -- Provide the FOB Terms (Freight Terms) offered
this customer. For example, FOB Origin (Plant), FOB Origin Freight
Prepaid and Allowed, or FOB Destination.

[Column 5]{.underline} -- Provide in the column any other terms or
conditions, not previously listed, which are offered to this category of
customer. For example, any prompt-payment terms, aggregate discount
terms, enhanced or additional services offered, etc..

####  (b) If you have deviations from your written policies or standard commercial sales practices disclosed in the above chart which result in better discounts (lower prices) or concessions than indicated, then those must be explained in accordance with the instructions at Figure 515.4-2. 

**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.

**ENCLOSURE B**

**GSA OFFERED TERMS**

The following is/are offered for the items/SINs currently on contract
under FEDERAL SUPPLY SCHEDULE 73, "Food Service, Hospitality, Cleaning
Equipment and Supplies, Chemicals and Services".

1\. Basic Discount \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List each model number if the discount varies per model **or** indicate
the discount next to each model on the price list.)

2\. Prompt Payment Discount \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(If none offered, show the Net term, i.e., Net 30 days. How does this
compare with already awarded payment discounts? The payment discount
applies to the entire contract. If your contract already has a payment
discount awarded, these items are also covered by the existing payment
discount.)

3\. Quantity/Volume Discount\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Show the percentage and quantity/dollar level.)

4\. Other Discounts: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

5\. Any other concession being offered to the Government, but not the
Most Favored Customer
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

6\. Delivery (Days ARO) Normal: Days ARO Expedited: Days ARO

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

#### 52.215-6 PLACE OF PERFORMANCE (OCT 1997) [**15.209(f)**](http://www.arnet.gov/far/current/html/15.html#15.209)

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation, intends, does not intend \[check
applicable box\] to use one or more plants or facilities located at a
different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.

\(b\) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:

+--------------------------------+---+-----------------------------------+
| **PLACE OF PERFORMANCE         |   | **NAME AND ADDRESS OF OWNER AND** |
| (Street**                      |   |                                   |
|                                |   | **OPERATOR OF THE PLANT OR**      |
| **Address, City, State,        |   |                                   |
| County,**                      |   | **FACILITY IF OTHER THAN**        |
|                                |   |                                   |
| **Zip Code)**                  |   | **OFFEROR OR RESPONDENT**         |
+--------------------------------+---+-----------------------------------+
|                                |   |                                   |
+--------------------------------+---+-----------------------------------+
|                                |   |                                   |
+--------------------------------+---+-----------------------------------+
|                                |   |                                   |
+--------------------------------+---+-----------------------------------+

NOTE: In no event are any items included which are produced in
non-designated countries. A list of designated countries can be found in
clause 52.225-5, Trade Agreements Act, in Enclosure D.

**ENCLOSURE C**

#### 552.211-78 COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB 1996) 511.404(a)(2)

\(a\) [Time of Delivery]{.underline}. The Contractor shall deliver to
destination within the number of calendar days after receipt of order
(ARO) in the case of F.O.B. Destination prices; or to place of shipment
in transit in the case of F.O.B. Origin prices, as set forth below.
Offerors shall insert in the "Time of Delivery (days ARO)" column in the
schedule of Items a definite number of calendar days within which
delivery will be made. In no case shall the offered delivery time exceed
the Contractor\'s normal commercial practice. The Government requires
the Contractor\'s normal commercial delivery time, as long as it is less
than the "stated" delivery time(s) shown below. If the Offeror does not
insert a delivery time in the schedule of items, the Offeror will be
deemed to offer delivery in accordance with the Government\'s stated
delivery time, as stated below:

+---------------------+---+----------------------------+---+--------------+
| **ITEMS OR GROUPS** |   | **GOVERNMENT'S STATED**    |   | **CO         |
|                     |   |                            |   | NTRACTOR'S** |
| **OF ITEMS**        |   | **DELIVERY TIME**          |   |              |
|                     |   |                            |   | **NORMAL**   |
| **Special Item      |   | **(DAYS ARO)**             |   |              |
| Number (SIN)**      |   |                            |   | **           |
|                     |   |                            |   | COMMERCIAL** |
|                     |   |                            |   |              |
|                     |   |                            |   | **DELIVERY   |
|                     |   |                            |   | TIME**       |
+---------------------+---+----------------------------+---+--------------+
| [ALL                |   | [No Greater than           |   |              |
| SINs]{.underline}   |   | Contractor's]{.underline}  |   |              |
+---------------------+---+----------------------------+---+--------------+
|                     |   | [Normal Commercial         |   |              |
|                     |   | Delivery Time]{.underline} |   |              |
+---------------------+---+----------------------------+---+--------------+

\(b\) [Expedited Delivery Times]{.underline}. For those items that can
be delivered quicker than the delivery times in paragraph (a), above,
the Offeror is requested to insert below, a time (hours/days ARO) that
delivery can be made when expedited delivery is requested.

+------------------------------------+-----+--------------------------+
| **ITEM OR GROUP OF ITEMS**         |     | **Expedited delivery     |
|                                    |     | time**                   |
| **(Special Item Number)**          |     |                          |
|                                    |     | **(Hours/Days ARO)**     |
+------------------------------------+-----+--------------------------+
|                                    |     |                          |
+------------------------------------+-----+--------------------------+
|                                    |     |                          |
+------------------------------------+-----+--------------------------+
|                                    |     |                          |
+------------------------------------+-----+--------------------------+

(c) [Overnight and 2-Day Delivery Times]{.underline}. Ordering
    activities may require overnight or 2---day delivery. The Offeror is
    requested to annotate its price list or by separate attachment
    identify the items that can be delivered overnight or within 2 days.
    Contractors offering such delivery services will be required to
    state in the cover sheet to its FSS price list details concerning
    this service.

####  

**ENCLOSURE D**

#### 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS---COMMERCIAL ITEMS (Nov 2007) 

#### . . . . . . . . . . . . . . ......................................[[12.301(b)(2)]{.underline}](http://www.arnet.gov/far/current/html/Subpart_12_3.html#1046481)

\(4\) *Trade Agreements Certificate*. (Applies only if the clause at FAR
52.225-5, Trade Agreements, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated
country end product, as defined in the clause of this solicitation
entitled "Trade Agreements."

\(ii\) The offeror shall list as other end products those end products
that are not U.S.-made, designated country, Caribbean Basin country, or
FTA country end products.

Other End Products:

  -------------- ---------------------------- ---------------------------
                 **Line Item No.**            **Country of Origin**

                                              

                                              

                                              

                 (List as Necessary)          
  -------------- ---------------------------- ---------------------------

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items covered by the
WTO GPA, the Government will evaluate offers of U.S.-made or designated
country end products without regard to the restrictions of the Buy
American Act. The Government will consider for award only offers of
U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that
the offers for such products are insufficient to fulfill the
requirements of the solicitation.

...................................................................................................................................................

**ENCLOSURE E**

#### 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) (ALTERNATE I---JUL 1995) [**23.303**](http://www.arnet.gov/far/current/html/23.html#23.303)

\(a\) Hazardous material, as used in this clause, includes any material
defined as hazardous under the latest version of Federal Standard No.
313 (including revisions adopted during the term of the contract).

\(b\) The offeror must list any hazardous material, as defined in
paragraph (a) of this clause, to be delivered under this contract. The
hazardous material shall be properly identified and include any
applicable identification number, such as National Stock Number or
Special Item Number. This information shall also be included on the
Material Safety Data Sheet submitted under this contract.

+------------------------------+----+---------------------------------+
| **Material**                 |    | **Identification No.**          |
|                              |    |                                 |
| **(If none, insert None)**   |    |                                 |
+------------------------------+----+---------------------------------+
|                              |    |                                 |
+------------------------------+----+---------------------------------+
|                              |    |                                 |
+------------------------------+----+---------------------------------+
|                              |    |                                 |
+------------------------------+----+---------------------------------+

\(c\) This list must be updated during performance of the contract
whenever the Contractor determines that any other material to be
delivered under this contract is hazardous.

\(d\) The apparently successful offeror agrees to submit, for each item
as required prior to award, a Material Safety Data Sheet, meeting the
requirements of 29 CFR 1910.1200(g) and the latest version of Federal
Standard No. 313, for all hazardous material identified in paragraph (b)
of this clause. Data shall be submitted in accordance with Federal
Standard No. 313, whether or not the apparently successful offeror is
the actual manufacturer of these items. Failure to submit the Material
Safety Data Sheet prior to award may result in the apparently successful
offeror being considered nonresponsible and ineligible for award.

\(e\) If, after award, there is a change in the composition of the
item(s) or a revision to Federal Standard No. 313, which renders
incomplete or inaccurate the data submitted under paragraph (d) of this
clause, the Contractor shall promptly notify the Contracting Officer and
resubmit the data.

\(f\) Neither the requirements of this clause nor any act or failure to
act by the Government shall relieve the Contractor of any responsibility
or liability for the safety of Government, Contractor, or subcontractor
personnel or property.

\(g\) Nothing contained in this clause shall relieve the Contractor from
complying with applicable Federal, State, and local laws, codes,
ordinances, and regulations (including the obtaining of licenses and
permits) in connection with hazardous material.

\(h\) The Government\'s rights in data furnished under this contract
with respect to hazardous material are as follows:

\(1\) To use, duplicate and disclose any data to which this clause is
applicable. The purposes of this right are to---

\(i\) Apprise personnel of the hazards to which they may be exposed in
using, handling, packaging, transporting, or disposing of hazardous
materials;

\(ii\) Obtain medical treatment for those affected by the material; and

\(iii\) Have others use, duplicate, and disclose the data for the
Government for these purposes.

\(2\) To use, duplicate, and disclose data furnished under this clause,
in accordance with subparagraph (h)(1) of this clause, in precedence
over any other clause of this contract providing for rights in data.

\(3\) The Government is not precluded from using similar or identical
data acquired from other sources.

\(i\) Except as provided in paragraph (i)(2) the Contractor shall
prepare and submit a sufficient number of Material Safety Data Sheets
(MSDS\'s), meeting the requirements of 29 CFR 1910.1200(g) and the
latest version of Federal Standard No. 313, for all hazardous materials
identified in paragraph (b) of this clause.

\(1\) For items shipped to consignees, the Contractor shall include a
copy of the MSDS with the packing list or other suitable shipping
document which accompanies each shipment. Alternatively, the Contractor
is permitted to transmit MSDS\'s to consignees in advance of receipt of
shipments by consignees, if authorized in writing by the Contracting
Officer.

\(2\) For items shipped to consignees identified by mailing address as
agency depots, distribution centers or customer supply centers, the
Contractor shall provide one copy of the MSDS\'s in or on each shipping
container. If affixed to the outside of each container, the MSDS must be
placed in a weather resistant envelope.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

The signature block below must be completed upon submission of this
modification package.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Signature**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Title**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Date\
**

**ENCLOSURE F**

**[FULL TEXT OF CLAUSES APPLICABLE TO MODIFICATIONS]{.underline}**

**[FOR YOUR USE]{.underline}**

**[DO NOT RETURN]{.underline}**

#### 552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997) 512.301(a)(1)

\(a\) Definitions. *Concession*, as used in this solicitation, means a
benefit, enhancement or privilege (other than a discount), which either
reduces the overall cost of a customer's acquisition or encourages a
customer to consummate a purchase. Concessions include, but are not
limited to freight allowance, extended warranty, extended price
guarantees, free installation and bonus goods.

*Discount*, as used in this solicitation, means a reduction to catalog
prices (published or unpublished). Discounts include, but are not
limited to, rebates, quantity discounts, purchase option credits, and
any other terms or conditions other than concessions) which reduce the
amount of money a customer ultimately pays for goods or services ordered
or received. Any net price lower than the list price is considered a
"discount" by the percentage difference from the list price to the net
price.

\(b\) For each Special Item Number (SIN) included in an offer, the
Offeror shall provide the information outlined in paragraph (c).
Offerors may provide a single response covering more than one SIN, if
the information disclosed is the same for all products under each SIN.
If discounts and concessions vary by model or product line, offerors
shall ensure that information is clearly annotated as to item or items
referenced.

\(c\) Provide information described below for each SIN:

> \(1\) Two copies of the offeror's current published (dated or
> otherwise identified) commercial descriptive catalogs and/or price
> list(s) from which discounts are offered. If special catalogs or price
> lists are printed for the purpose of this offer, such descriptive
> catalogs or price lists shall include a statement indicating the
> special catalog or price list represent a verbatim extract from the
> Offeror's commercial catalog and/or price list and identify the
> descriptive catalog and/or price list from which the information has
> been extracted.
>
> \(2\) Next to each offered item in the commercial catalog and/or price
> list, the Offeror shall write the special item number (SIN) under
> which the item is being offered. Unless a special catalog or price
> list is submitted, all other items shall be marked "excluded," lined
> out, and initialed by the offeror.
>
> \(3\) The discount(s) offered under this solicitation. The description
> of discounts offered shall include all discounts, such as prompt
> payment discounts, quantity/dollar volume discounts (indicate whether
> models/products can be combined within the SIN or whether SINs can be
> combined to earn discounts), blanket purchase agreement discounts, or
> purchase option credits. If the terms of sale appearing in the
> commercial catalogs or price list on which an offer is based are in
> conflict with the terms of this solicitation, the latter shall govern.
>
> \(4\) A description of concessions offered under this solicitation
> which are not granted to other customers. Such concessions may
> include, but are not limited to, an extended warranty, a
> return/exchange goods policy, or enhanced or additional services.

(5) If the Offeror is a dealer/reseller or the Offeror will use dealers
    to perform any aspect of contract awarded under this solicitation,
    describe the functions, if any, that the dealer/reseller will
    perform.

#### 

#### 552.216-70 ECONOMIC PRICE ADJUSTMENT---FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I---SEP 1999) (Local Deviation)516.203-4(a)

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 ~~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.~~

\(d\) 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.

\(2\) Commercial Sales Practice format 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~~ *signature
    of* 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.

#### 

#### 552.238-75 PRICE REDUCTIONS (MAY 2004) 

(a)  Before award of a contract, the Contracting Officer and the Offeror
will agree upon (1) the customer (or category of customers) which will
be the basis of award, and (2) the Government's price or discount
relationship to the identified customer (or category of customers). This
relationship shall be maintained throughout the contract period. Any
change in the Contractor's commercial pricing or discount arrangement
applicable to the identified customer (or category of customers) which
disturbs this relationship shall constitute a price reduction.

\(b\)  During the contract period, the Contractor shall report to the
Contracting Officer all price reductions to the customer (or category of
customers) that was the basis of award. The Contractor's report shall
include an explanation of the conditions under which the reductions were
made.

(c) 

(1)  A price reduction shall apply to purchases under this contract if,
after the date negotiations conclude, the Contractor---

(i) Revises the commercial catalog, pricelist, schedule or other
document upon which contract award was predicated to reduce prices;

(ii) Grants more favorable discounts or terms and conditions than those
contained in the commercial catalog, pricelist, schedule or other
documents upon which contract award was predicated; or

(iii) Grants special discounts to the customer (or category of
customers) that formed the basis of award, and the change disturbs the
price/discount relationship of the Government to the customer (or
category of customers) that was the basis of award.

(2)  The Contractor shall offer the price reduction to the Government
with the same effective date, and for the same time period, as extended
to the commercial customer (or category of customers).

(d) There shall be no price reduction for sales---

(1)  To commercial customers under firm, fixed-price definite quantity
contracts with specified delivery in excess of the maximum order
threshold specified in this contract;

(2)  To Federal agencies;

(3)  Made to State and local government entities when the order is
placed under this contract (and the State and local government entity is
the agreed upon customer or category of customer that is the basis of
award); or

(4)  Caused by an error in quotation or billing, provided adequate
documentation is furnished by the Contractor to the Contracting Officer.

(e)  The Contractor may offer the Contracting Officer a voluntary
Governmentwide price reduction at any time during the contract period.

(f)  The Contractor shall notify the Contracting Officer of any price
reduction subject to this clause as soon as possible, but not later than
15 calendar days after its effective date.

(g)  The contract will be modified to reflect any price reduction which
becomes applicable in accordance with this clause. **538.273(b)(2)**

#### 

#### 552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) 543.205(b)

\(a\) General. The Contractor may request a contract modification by
submitting a request to the Contracting Officer for approval, except as
noted in paragraph (d) of this clause. At a minimum, every request shall
describe the proposed change(s) and provide the rationale for the
requested change(s).

\(b\) Types of Modifications.

\(1\) Additional items/additional SIN\'s. When requesting additions, the
following information must be submitted:

\(i\) Information requested in paragraphs (1) and (2) of the Commercial
Sales Practice Format to add SIN's.

\(ii\) Discount information for the new items(s) or new SIN(s).
Specifically, submit the information requested in paragraphs 3 through 5
of the Commercial Sales Practice Format. If this information is the same
as the initial award, a statement to that effect may be submitted
instead.

\(iii\) Information about the new item(s) or the item(s) under the new
SIN(s) as described in 552.212‑70, Preparation of Offer (Multiple Award
Schedule) is required.

\(iv\) Delivery time(s) for the new item(s) or the item(s) under the new
SIN(s) must be submitted in accordance with 552.211‑78, Commercial
Delivery Schedule (Multiple Award Schedule).

\(v\) Production point(s) for the new item(s) or the item(s) under the
new SIN(s) must be submitted if required by 52.215‑6, Place of
Performance.

\(vi\) Hazardous Material information (if applicable) must be submitted
as required by 52.223‑3 (ALT I), Hazardous Material Identification and
Material Safety Data.

\(vii\) Any information requested by 52.212‑3(f), Offeror
Representations and Certifications---Commercial Items, that may be
necessary to assure compliance with FAR 52.225‑1, Buy American
Act---Balance of Payments Programs---Supplies.

\(2\) Deletions. The Contractors shall provide an explanation for the
deletion. The Government reserves the right to reject any subsequent
offer of the same item or a substantially equal item at a higher price
during the same contract period, if the contracting officer finds the
higher price to be unreasonable when compared with the deleted item.

\(3\) Price Reduction. The Contractor shall indicate whether the price
reduction falls under the item (i), (ii), or (iii) of paragraph (c)(1)
of the Price Reductions clause at 552.238‑75. If the Price reduction
falls under item (i), the Contractor shall submit a copy of the dated
commercial price list. If the price reduction falls under item (ii) or
(iii), the Contractor shall submit a copy of the applicable price
list(s), bulletins or letters or customer agreements which outline the
effective date, duration, terms and conditions of the price reduction.

\(c\) Effective dates. The effective date of any modification is the
date specified in the modification, except as otherwise provided in the
Price Reductions clause at 552.238‑75.

\(d\) Electronic File Updates. The Contractor shall update electronic
file submissions to reflect all modifications. For additional items or
SINs, the Contractor shall obtain the Contracting Officer\'s approval
before transmitting changes. ~~Contract modifications will not be made
effective until the Government receives the electronic file updates.~~
The Contractor may transmit price reductions, item deletions, and
corrections without prior approval. However, the Contractor shall notify
the Contracting Officer as set forth in the Price Reductions clause at
552.238-75.

\(e\) Amendments to Paper Federal Supply Schedule Price Lists.

\(1\) The Contractor must provide supplements to its paper price lists,
reflecting the most current changes. The Contractor may either:

\(i\) Distribute a supplemental paper Federal Supply Schedule Price List
within 15 workdays after the effective date of each modification.

\(ii\) Distribute quarterly cumulative supplements. The period covered
by a cumulative supplement is at the discretion of the Contractor, but
may not exceed three calendar months from the effective date of the
earliest modification. For example, if the first modification occurs in
February, the quarterly supplement must cover February---April, and
every 3 month period after. The Contractor must distribute each
quarterly cumulative supplement within 15 workdays from the last day of
the calendar quarter.

(2) At a minimum, the Contractor shall distribute each supplement to
    those ordering activities that previously received the basic
    document. In addition, the Contractor shall submit two copies of
    each supplement to the Contracting Officer and one copy to the FSS
    Schedule Information Center.

#### I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988)

When requested by the Contracting Officer, if other than the
manufacturer, the offeror must submit prior to award of a contract,
either (1) a letter of commitment from the manufacturer which will
assure the offeror of a source of supply sufficient to satisfy the
Government\'s requirements for the contract period, OR (2) evidence that
the offeror will have an uninterrupted source of supply from which to
satisfy the Government\'s requirements for the contract period.