GSA Business Rules and Agreement For

Multiple Award Schedule (MAS) Enhanced OS4 SINs 339940OS4 and

339940OVER

All responsible Contractors submitting verification of a contract with acceptable items must

be in good standing with the Government, offer items at fair and reasonable prices, and

meet all eligibility requirements as part of their contractual agreement. Individual

delivery/task orders will be placed via GSA Advantage!, FedMall, vendor website portal, fax,

walk in stores or other means available in order to provide the best value/lowest overall

price alternative. MAS Contract holders with OS4 SIN(s) shall comply with the following

GSA Business Rules or be subject to termination, suspension or cancellation of their GSA

MAS contract at the discretion of the GSA Contracting Officer (CO). Monitoring will be

conducted to ensure compliance:

1. Requirements:

1.1. The Contractor must be actively registered in the System for Award

Management (SAM) system and not suspended or debarred from doing

business with the U.S. Government.

1.2. Contractors are responsible to notify GSA CO of any changes to

their business or contract(s) as it pertains to their award.

1.3. Contractors will conduct business in a professional manner.

1.4. Contractors will respond to GSA questionnaires and inquiries when

requested.

2. Customer Complaints:

2.1. All customer complaints will be evaluated by the GSA Contracting

Officer and when corrective action is required, notice will be given to the

Contractor. Notice may be via email or telephone. Contractors are

subject to termination, suspension or cancellation depending on the

severity of the complaint. If a customer complaint is validated, the

Contractor will receive a formal notice requiring corrective action and

resolution.

3. Indecent Content:

3.1. GSA enforces a ZERO TOLERANCE policy for listing indecent

content or related material on the GSA website. Indecent content or

related material includes, but is not limited to, blatant or veiled displays

of sexual content that produces sexual associations in people’s minds,

is provocative and/or degrading, contains language or images that are

sexually suggestive or provocative with respect to sexual activities,

sexual process/methods, contains provocative titles or descriptions,

etc., as determined by the GSA Contracting Office. Contractors will be
subjected to suspension, cancellation and/or termination action for

listing indecent content or related material on the GSA Advantage! The

GSA Contracting office reserves the right to remove any item in a

Contractor’s catalog if deemed inappropriate.

4. Office Supplies Catalog and Spreadsheets:

4.1. The Contractor’s catalog/spreadsheets are subject to removal if

items other than those specifically authorized by the contract are

added. Contractors are responsible to ensure that their catalog

complies with the terms of the contract. Out of scope items are not

authorized.

4.2. Contractors are responsible to ensure that their catalog/spreadsheet

data contains accurate delivery Days After Receipt of Order (ARO) and

terms or fees for Express shipments are clearly annotated, as well as

restocking fees, if any.

4.3. Contractors shall not misrepresent products. Contractors shall

guarantee the Original Equipment as “New” unless noted otherwise.

4.4. Contractors must be an Authorized Distributor, Reseller, or

Wholesaler for catalog items. Contractors are required to provide

documentation from the Original Equipment Manufacturer (OEM)

confirming this authorization. Purchase, Distribution and/or sale of

Grey/Black Market items are not allowed.

4.5. Contractor’s catalog/spreadsheet shall only list the part number in

the Part Number data field. Part numbers shall not be posted in the

product name or description data field, unless the item is identified as a

“Refurbished” or “Remanufactured” toner for identification purposes

only. For example, Toner/Ink products: items are “NEW” and service the

form, fit and function of the OEM product. “REMANUFACTURED” or

“REFURBISHED” are not considered “NEW” products and shall be

clearly identified and marked for the consumer to avoid any

misrepresentation. Remanufacturing process includes the disassembly

and cleaning of the shell and all components, refurbishment of parts

where indicated and replacement of key components and damaged

parts. The toner is tested, a new chip is installed, and it is bagged in a

static controlled bag and protective box, prior to shipment as part of

best commercial practice. The term “drill and fill” refers to toners that

are just refilled with toner, resealed, and shipped with no replacement

of any parts. If any reused or refurbished components are utilized, the

items shall be considered as “Remanufactured” and not “New”.

4.6. OEM listed shall be correct. Contractor shall ensure the “Product

Description” is not misleading, and that the OEM part number is listed

as assigned by the manufacturer. For items that are remanufactured,
the company who remanufactures the item shall be listed as the

Manufacturer Name and the part numbers of the products should not

be the same as the OEM product. If a product is remanufactured, it

needs to be identified as “remanufactured” or “refurbished” in the “Part

Name” data element in the catalog/spreadsheet. Contractor’s

catalog/spreadsheet will only list the product name in the

“Accessory/Item Name” for the Product Name data field. Product Name

field will not include part number or description.

4.7. Contractor’s catalog/spreadsheet shall only list the Product

Description in the Description and Long Description data fields.

Contractors must provide a detailed Product Description. Long

Description shall not duplicate the Product Description. Part Number,

Company Information, and Associated Products will not be allowed in

the catalog description fields.

4.8. “Unit of Issue” and “Quantity per unit of Issue” shall conform and be

consistent with GSAAdvantage authorized codes which is the two

character alphabetic code. The current website is:

https://www.gsaadvantage.gov/advantage/information/page.do?keyNa

me=UNIT_ DEFINITIONS&uom. For unit of issue, “EACH” means a

single unit of one. When the packaging is unclear or subject to

interpretation, the parameters SHALL be explained in the Description to

fully demonstrate the offered quantity (i.e. 1 box = quantity of 12; dual

pack = qty of 2 each; 1 carton = quantity of 1 each; or 6-pack as

appropriate, etc)

4.9. Contractors shall not list the same item more than once, unless the

item is combined or packaged allowing for greater savings in lieu of a

single price (e.g. 2-pak; combination set of related items, etc) to the

Government.

4.10. Items awarded under the enhanced OS4 SIN(s) SHALL be listed for

purchase on GSA Advantage!

4.10.1. All item descriptions listed on GSA Advantage! and

FedMall must adhere to the following format:

4.10.1.1. “New” or “Remanufactured” (if applicable)

4.10.1.2. Manufacturer Name

4.10.1.3. Yield (if applicable)

4.10.1.4. Description

4.11. Contractor’s catalog/spreadsheet must include UPC-A code.
5. MAS OS4 Enhanced SINs 339940OS4 and 339940OVER Delivery/Task Orders

only:

5.1. As best practice commercial procedures, all MAS OS4 Enhanced

SIN contract holders are expected to complete purchase orders in

accordance with contractual terms and conditions. All OS4 Contract

holders are expected at a minimum:

5.1.1. Contractors will notify the customer with an email

confirmation of order shipment within one business day (8 hours) of the

successful order being processed, after receipt of order (ARO).

5.1.2. Contractors will notify the customer of a backorder via email

within one business day. The customer must have the option to cancel

an order when the order cannot be filled within the quoted delivery time.

In accordance with contract terms and conditions, Contractors may

refuse any order below the contract’s minimum order amount or

above$250,000, the contract’s maximum order amount, and must notify

the purchaser of any cancellation, and prior to charging any additional

fee. Larger order orders may be subject to additional discounts and

should be noted on the invoice. The minimum order is up to $100.00.

Offerors are encouraged to propose a lower minimum order amount to

increase business opportunities.

5.1.3. Contractors utilizing FedMall may not charge shipping and

handling toFedMall orders. The prices shall be Freight On Board

(FOB) destination only in accordance with FedMall requirements. It is

the responsibility of the Contractor to maintain compliance with

FedMall requirements, standards and guidelines.

5.1.4. A restocking fee shall not be charged on items that are

shipped back to the supplier due to Contractor’s error or shipping error.

5.1.5. Prices charged to the customer will be the same in the

order from the MAS OS4 Enhanced SIN(s) Contract holder’s price

charge to the customer’s credit card unless a lower discount rate

prevails. Presentation of the GSA SmartPay®2 charge card (see

Clause 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

(DEVIATION – MAY 2003) will automatically trigger the GSA Schedule

contract price and provide tax exemption (where applicable) without any

other form of contract identification for contract items unless a lower

price was separately negotiated by the ordering agency. The Contractor

shall honor the GSA Schedule price when presented with a government

charge card regardless of the order channel (i.e., in person, mail order,

telephone order, e-mail, E-commerce/Internet, etc.). The Contractor’s

systems shall recognize the GSA SmartPay®2 card from the 4-digit

prefix in the charge card numbers (called Bank Identification Numbers

or BINs). The current SmartPay2® BIN numbers are:

Visa: 4614, 4716 and 4486
MasterCard: 5565 and 5568

5.1.6. Coordination and notification to the purchaser’s ordering

office shall occur when the order can only be partially filled. The

Government reserves the right to cancel orders which do not meet their

delivery requirements.

5.1.7. Product substitutions shall not be allowed unless

specifically authorized in writing by the purchaser.

5.1.8. Items shipped must include a detailed invoice and packing

slip with prices for tracking and identification purposes with the contract

number and purchase/delivery/task order number.

5.1.9. The product description for each item must clearly state the

overseas geographic delivery location. (i.e. For Delivery in EU Only, For

Delivery in Japan Only, etc)

6. Unsolicited Customer Contact:

6.1. Contractors shall not harvest GSA customer contact information.

6.2. Contractors shall not distribute customer contact information using

any mass method of distribution without explicit prior written consent of

individual users and GSA System Management Office.

6.3. Contractors shall not unduly solicit, burden or harass GSA customers

in pursuit of favoritism or unfair competitive advantage.

6.4. Contractors shall not sell any past, current or future GSA customer

lists to any third party. An exception would be sharing to the

Contractor’s internal authorized distributors at no cost.

6.5. Mass or Bulk emails must contain an option or means to

“unsubscribe” to disengage from future mailings. Penalties for violating

undue solicited customer contact and harvesting or distributing customer

lists are as follows:

6.5.1. First incident of violation- vendor is directly contacted and

reminded of the Business Rules.

6.5.2. Second incident of violation- vendor is informed that their

catalog/catalogs have been quarantined for a period of 3 months.

6.5.3. Third incident of violation- vendor is directly contacted and

informed that their catalog/catalogs shall be suspended 6 months or

longer to include permanently from GSA Advantage. Contractor must

show cause for the continued violation(s).

6.6. NOTE: IF IT IS DETERMINED THAT ANY VENDOR IS

CIRCUMVENTING THESE RULES, THEIR CATALOG WILL BE

SUSPENDED IMMEDIATELY.

6.7. It is the Contractor’s responsibility to upload/restore files after any

quarantine or suspension period.
7. Identification of “Green” Products

7.1

7.2.

The U.S. General Services Administration (GSA) requires contractors to

identify sustainable products under Federal Supply Service schedule

contracts on GSAAdvantage! and FedMall and other communication

media. Contractors should use GSA’s Green Procurement Compilation

(GPC) to determine if awarded products meet federal sustainable

purchasing requirements. For task and delivery orders under this

contract, unless an exemption or exception applies, products and

services purchased by federal agencies must meet the following

applicable statutory mandates and directives:

● Energy efficient products that are ENERGY STAR® certified or

Federal Energy Management Program (FEMP)-designated

products

● Biobased products meeting the content requirement of the U.S.

Department of Agriculture under the BioPreferred® program

● Acceptable chemicals, products, and manufacturing processes

listed under EPA’s Significant New Alternatives Policy (SNAP)

program, which ensures a safe and smooth transition away from

substances that contribute to the depletion of stratospheric ozone

● Products containing recovered material designated by the U.S.

Environmental Protection Agency (EPA) under the Comprehensive

Procurement Guidelines

● WaterSense® labeled (water efficient) products and services

● Safer Choice-certified products (products that contain safer

chemical ingredients)

● Products and services that meet EPA Recommendations of

Specifications, Standards, and Ecolabels, demonstrated through

third party certification

Contractors are encouraged to offer products that have additional

environmental attributes such as low or no toxic or hazardous

constituents. Claims should be verifiable.

7.2.1. GSAM Clause 552.238-72 requires Vendors to accurately

identify a product’s environmental attributes on GSA Advantage!®,

other ordering platforms and communication media. Always ensure that

the correct environmental icon is listed. Vendor may need to do

additional fact finding to confirm if your specific product meets the green

requirements.

7.2.2. If a product possesses an environmental attribute, or is

certified to an environmental standard or eco-label, you should also

include this information in the product description in addition to

selecting a green icon.
7.2.3. Vendor shall identify the specific category and

environmental attribute within the item description. This information is

generally available from the manufacturer, and typically annotated on

the product packaging. Minimum Biobased Content %, and

Post-Consumer Content %, are examples of information to be provided:

7.2.3.1. Minimum Bio-based Content (%)

7.2.3.2. Post-Consumer Content (%)

7.2.3.3. Total Recovered Materials Content (%)

7.2.3.4. Volatile Organic Compound (VOC) Grams per Liter

7.2.3.5. Energy Star qualified or EPEAT-registered

7.2.4. The above is not a complete list but identifies a sampling of

classification details Vendors shall include in the product description.

7.2.5. All copier and reprographic paper shall be at least 30% post

consumer content paper and all other paper office products shall meet

the CPG recovered content standards.

7.3. Additional considerations:

7.3.1. In order to promote a progressive ask for sustainabilityGSA

will look beyond office supply product attributes (e.g., tracking and

reporting greenhouse gas (GHG) emissions, setting (GHG) reduction

targets, recycling programs, and climate risk management activities)

and seek more sustainable ways of doing business.

7.4. Packaging:

7.4.1. Contractors are encouraged to provide products wherever

possible in non-retail bulk packaging which contains less plastics,

paperboard, and color ink; has more recycled content; uses less space

and energy to distribute; and/or is easier for users to open and dispose

of than traditional retail packaging. Any representations about these

aspects of product packaging shall be accurate.

7.4.2. Sustainable packaging practices can improve the

environment, reduce transportation and waste disposal costs, and

increase customer convenience. When packaging orders for delivery,

Contractors are encouraged to consider all of the above goals and

specific materials and techniques such as: Variable-size shipping

cartons to reduce dunnage, Orders delivered in bags and/or returnable
plastic crates rather than traditional shipping cartons, Recycled,

biobased and compostable dunnage materials; and Take-back and

reuse/recycling of packaging materials, including pallets.

7.4.3. Shipping (EPA SmartWay Transport Partnership): In

support of applicable statutes, regulations and Executive Orders, and in

recognition that harm to the environment, including from

transportation-related greenhouse gas pollution, has quantifiable costs

and negative impacts on the economy and federal agency operations, it

is the Government’s intent to reduce as far as practicable the

environmental impacts of transportation services provided under this

contract. Contractors are encouraged to participate as Shipper Partners

in the Environmental Protection Agency (EPA) SmartWay Transport

Partnership, a voluntary partnership between the Federal Government

and the goods transportation industry, to improve the environmental

performance of freight and small package transport by adopting fueland emission-reducing strategies. Contractors are also encouraged to

contract with SmartWay Partners for transportation of goods sold.

7.4.3.1. EPA Smartway is designed to improve fuel

efficiency and reduce greenhouse gasses and air

pollution from the transportation supply chain

industry (http://www.epa.gov/smartway/), see

diagram below for partnerships

available to vendors.

(http://www.epa.gov/smartway/partnership/index.htm

)

7.5. Reference Material can be found at the following locations:

7.5.1. http://sftool.gov/GreenProcurement

7.5.2. http://www.epeat.net/

7.5.3. http://www.aqmd.gov

7.5.4. http://www.usda.gov/wps/portal/usda/usdahome

7.5.5. http://www.energystar.gov/

7.5.6. http://www1.eere.energy.gov/femp/procurement/eep_requirements.html

https://www.google.com/url?q=https://www.energy.gov/femp/articles/how-buy-energy-and-waterefficient-products-federal-government&sa=D&source=docs&ust=1687382091014435&usg=AOv

Vaw2WZjMi58Z-5OCkgmKzu9YQ

7.5.7
7.5.8. http://www.biopreferred.gov

7.5.9. http://www.epa.gov/ozone/snap

7.5.10. http://www.epa.gov/smartway/
8. Acknowledgement and Certification:

I have read and been informed about the content, requirements, performance and

expectations of the Business Rules. I have received a copy and agree to abide by these

guidelines as a contractual condition of any resultant contract under the MAS solicitation

with the OS4 Enhanced SIN(s). I understand that if I have questions, at any time, I may

consult with the Contracting Officer.

I hereby acknowledge that the undersigned and all concerned parties represented

by (insert Offeror’s

name) understands the rules,

guidelines and compliance responsibilities herein and will undertake to maintain compliance

in good faith to the best of my knowledge and belief.

AUTHORIZED

SIGNATURE(S): TYPED

NAME:

TITLE:

POINT OF CONTACT INFORMATION:

EMAIL:

PHONE: