Letter of Compliance for SIN 339940 

The information provided in this document is specific to SIN 339940. Before submitting your offer, please ensure

you have met all of the requirements outlined in this document that are applicable to the products or services

you are offering, as well as any other applicable general requirements listed in the solicitation attachments.

Complete and upload this document electronic format with your offer, not handwritten, except for

signatures as needed.

SIN REQUIREMENTS:

AbilityOne-certified Distributor: 

Based on Congressional statutes, there are two socioeconomic procurement programs that furnish products

and/or services to support Federal Government requirements. These programs have mandatory source status

and preference over the products and services of other vendors, as implemented by Federal Acquisition

Regulation (FAR) Part 8.

Pursuant to the provisions of the Javits-Wagner-O’Day (JWOD) Act 41 U.S.C. 46-48(c), production facilities

associated with National Industries of the Blind (NIB) and Source America (serving people with a wide range of

disabilities) are mandatory sources for items on the AbilityOne (formerly JWOD) Procurement List. Pursuant to

the provisions of the Federal Prisons Industrials (FPI) enabling statute, 18 U.S.C. 4124(a), FPI (doing business

as UNICOR) is a mandatory source for federal customers.

Purchases by Federal customers of commercial items that are identical to or essentially the same (ETS) as

AbilityOne (formerly JWOD) products when AbilityOne products are available to meet the customers’

requirements, are in violations of the JWOD Act (4 U.S.C. 46-48c). Purchases by Federal customers of

commercial items that are identical to UNICOR products are in violation of FPI’s Act (18 U.S.C. 4124a). Thus

Offerors will be prohibited from selling ETS items to Federal employees.

Offerors will provide GSA’s Contracting Officer with one copy of their product line catalog (electronic copy) to

be sold under this contract. Additional catalogs may be required upon request by the Contracting Officer. The

offeror will review AbilityOne (formerly JWOD) cross-reference files that identify the ETS commercial items.

Those files can be downloaded from (www.abilityone.gov). All products, which have been determined to be

ETS as items available under the AbilityOne (formerly JWOD) program shall not be listed in Proposal Price

List.

During the term of the contract, additional items may be added to or deleted from the Procurement List, which is

the official list of AbilityOne (formerly JWOD) Program products and services, maintained by the U.S. AbilityOne

Commission. The AbilityOne Program and UNICOR shall normally provide 90 day notice of product additions

and deletions.

Offerors should address how AbilityOne (formerly JWOD) items will be shown and marketed to Federal

Customers in their proposals, but at a minimum, the AbilityOne items should be included in marketing materials

in a manner consistent with the commercial items. If the contractor distributes a printed catalog to their

government customers, the AbilityOne (formerly JWOD) Program prefers, but does not require, a fully integrated

Government-unique print catalog. A commercial printed catalog with AbilityOne inserts in lieu of an integrated
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Letter of Compliance - SIN 339940

catalog would be acceptable, but must have appropriate blocking of ETS items, and should integrate AbilityOne

items into the index (unless otherwise negotiated with the AbilityOne staff).

If electronic catalogs are used, all items, terms and conditions not accepted by the Government (including the

items ETS as AbilityOne (formerly JWOD) products) must be deleted on the Government site. At the same time,

the AbilityOne product line must be fully integrated in a manner consistent with commercial items. Electronic or

online catalogs must integrate AbilityOne items into all search buttons for Government customers and/or

integration into the remaining areas of the catalog. Removal of ETS items is required. Items which are not in

stock or available at the time the order is placed, the contractors will inform the customer in accordance with the

contractor’s commercial policy.

Offerors must acknowledge that they will comply with the exclusion(s)/requirements mentioned above and

describe what kind of blocking system for Essentially The Same (ETS) as AbilityOne items they will have in place

under their order entry system.

(Check Yes/No) (Check "Yes" or "No" for each of the three (3) sections below.)

☐ Yes ☐ No Offeror is already authorized to distribute AbilityOne products by the U.S. AbilityOne Commission

☐ Yes ☐ No Offeror is not currently authorized to distribute AbilityOne products but this offer is based on

the intention of applying for authorization to distribute AbilityOne products by the U.S.

AbilityOne Commission. Offeror acknowledges that they are not authorized to distribute

AbilityOne products. Offerors will distribute neither AbilityOne products nor commercial items

that are essentially the same as AbilityOne products under this Schedule.

☐ Yes ☐ No Offeror does not intend to distribute Ability One Products.

Description of Blocking System for ETS items: (add additional lines if necessary)

Offeror shall provide the authorization letter from AbilityOne with their proposal in order to provide acceptable

evidence of AbilityOne certification. (EXCEPTION: AbilityOne certification shall not be required for an offeror

who will be proposing a limited product line (i.e., not full catalog) and will not be supplying any AbilityOne

products.) GSA will also verify with AbilityOne that this certification is still current. (please identify the file name

below or enter “N/A”).

Demonstrated system to remain compliant with FAR 52.225-5 TRADE AGREEMENTS: 

Contractors shall only provide products that are U.S.-made or designated country end products as set out in the

Trade Agreements Act. Compliance with Trade Agreements Act (TAA) and Country of Origin (COO) accuracy is a

critical requirement for obtaining and maintaining a contract. Noncompliance is a violation under the False Claims

Act. Prior to being awarded a contract, Offerors will be expected to have a documented Standard Operating

Procedure (SOP) detailing their process for Trade Agreements Act and Country of Origin compliance. The

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documented process shall be reviewed and updated as necessary, but no less than annually.

At a minimum, the SOP shall include the following:

● Identify the role and responsibilities of the department and/or team that will be responsible for TAA

compliance and maintaining manufacturer COO accuracy.

● Describe the process for reviewing and verifying TAA compliance and COO accuracy. Identify any

software and/or program that will be utilized.

● State the frequency that products will be reviewed for compliance. In determining the frequency of

reviews, the Offeror should take into account the volume of items and types of products. However, GSA

expects reviews to be conducted no less than quarterly, and many should be at least monthly.

● Identify the type of documentation that will be obtained and maintained to verify TAA compliance and

COO accuracy. While documentation provided by suppliers can be utilized, it is ultimately the Contractor's

responsibility to ensure products comply.

● A record of each review shall be kept and made available to government representatives upon request.

These records shall contain information and documentation such as:

○ Date of review, team/department that conducted the review, software utilized, any discrepancies

noted and corrective action taken.

○ The documentation used for the internal compliance reviews, such as, documentation provided

by suppliers (letters of supply, periodic updates provided by suppliers) and/or documents

provided to customs to verify country of origin, etc.

Upon award, Contractors will be responsible for:

● Modifying the contract when notified by supplier(s) that the country of origin (COO) has changed or if the

internal review discovers products no longer TAA compliant.

○ Prior to the modification being approved, the Contractor shall inform all GSA customers that the

item(s) in question is no longer available on the contract.

● Updating GSA Advantage after receiving approval of a modification deleting items from the contract.

Description of Standard Operating Procedure for Trade Agreements Act and Country of Origin

compliance (add additional lines if necessary):

Optional Services: 

Vendors will have the option to offer other enhanced delivery options such as next-day delivery, desktop

delivery and secure desktop delivery. In addition, they may offer real time order status tracking on GSA

Advantage, office services, and walk-in/on-site stores

Identify proposed fee for optional delivery service(s). (Enter “N/A” if none is offered):

● Next-Day Delivery: __________

● Desktop Delivery: __________

● Secure Desktop Delivery: __________

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Letter of Compliance - SIN 339940

Desktop Delivery: Direct delivery of packages to a customer's desk.

Secure Desktop Delivery: Direct delivery of packages to a customer's desk from an individual with security

clearance.

Real time order status for GSA Advantage! can be submitted by vendors via the following sites:

● PO Portal - for those SIP users https://www.poportal.gsa.gov/poportal/welcome.do)

● EDI (https://vsc.gsa.gov/EDIUser/gsaadvdocs.cfm)

● cXML (Can be provided upon request post-award)

Returns and Restocking Fees: 

● Returns: Contractor shall allow the Government to return items in the original packaging and in

saleable condition up to 30 days from the date the item was delivered. Contractor shall provide a full

refund, less any applicable restocking fee, for such item within 30 days of receipt of the returned item.

● Restocking fees: Contractor may assess a restocking fee of up to 10 percent of the item cost when

the Contractor incurs additional costs due to customer ordering error. There shall be no restocking fees

when the item is returned due to nonconforming item or Contractor error.

Proposed Restocking Fee % (if any): ___________

Full-Product and Broad-Service Proposal Offerings: 

A full-product catalog is encouraged, but not mandatory. A vendor may offer a more limited array of office

products if that is what they specialize in, such as offerors that specialize in only toner or paper, etc. Offerors

must be registered under a NAICS code applicable to the Special Item Number (SIN) the products are proposed

under. Review this information under the SIN description on the solicitation document.

Proposal Offerings: 

List the number of items being offered under each SIN below. (Note: The below format can be

recreated to include more space for your responses.):

SIN: Number of Products:

SIN: Number of Products:

Total Number of Products:

Transactional Data Reporting (TDR) is not mandatory under this SIN. If you are 

accepting TDR: 

(a) Definition: Transactional data encompasses the historical details of the products or services delivered

by the Contractor during the performance of task or delivery orders issued against this contract.

(b) Reporting of Transactional Data: The Contractor must report all transactional data under this contract

as follows:

1. The Contractor must electronically report transactional data by utilizing the automated reporting system

at an Internet website designated by the General Services Administration (GSA) or by uploading the data

according to GSA instructions. GSA will post registration instructions and reporting procedures on the

Vendor Support Center website, https://vsc.gsa.gov. The reporting system website address, as well as

registration instructions and reporting procedures, will be provided at the time of award or inclusion of

this clause in the contract.

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Letter of Compliance - SIN 339940

2. The Contractor must provide, at no additional cost to the Government, the following

transactional data elements, as applicable:

1. Contract Number of Blanket Purchase Agreement (BPA) Number.

2. Delivery/Task Order Number/Procurement Instrument Identifier (PIID).

3. Non-Federal Entity.

4. Description of Deliverable

5. Manufacturer Name.

6. Manufacturer Part Number.

7. Unit Measure (each, hour, case, lot)

8. Quantity of Item Sold.

9. Universal Product Code.

10. Price Paid per Unit.

11. Total Price

12. Special Item Number (SIN)

Please note that TDR reporting is per contract. Manufacturer name and manufacturer part number

are mandatory TDR fields if you decide to accept TDR.

Economic Price Adjustment Clauses: 

Please identify the clause applicable to this offer below:

These clauses apply to contracts participating in the Transactional Data Reporting (TDR) Pilot.

Yes/No Clause

552.216-70 Economic Price Adjustment FSS Multiple Award Schedule Deviation II

I-FSS-969 Economic Price Adjustment FSS Multiple Award Schedule Alternate II

These clauses apply to contracts NOT participating in the Transactional Data Reporting (TDR) Pilot.

Yes/No Clause

552.216-70 Economic Price Adjustment FSS Multiple Award Schedule Alternate I

I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE

Exclusions/Requirements: EPA Comprehensive Procurement Guidelines (CPG): 

The offeror shall acknowledge and certify that the products applicable under the EPA CPG for recovered and

post-consumer materials offered under this proposal meet or exceed the minimum content levels established

under the CPG program managed by the Environmental Protection Agency (EPA).

If the products being offered meet or exceed the minimum content levels established under the CPG program

then the offeror must furnish proof in the form of a copy of the certification from the manufacturer/supplier or a

copy of the environmental organization’s certification in order for you to be allowed to display the appropriate

environmental attributes. The percentage of the recovered materials and post-consumer materials must

also be shown on the Proposal Price List under the EPA CPG column. Per clause 552.238-78(c)(2)(iv), the

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Letter of Compliance - SIN 339940

CPG compliance icon may be used in GSA Advantage to identify CPG compliant products only if these

products meet or exceed the EPA

recommended minimum recovered materials and post-consumer materials levels shown on the below CPG

website. These items should also be identified in the offeror’s printed commercial catalogs, brochures, price lists

and online product website.

If a product is not available that meets or exceeds the EPA recommended minimum recovered materials and

post-consumer materials levels, then the product must be identified in the Proposal Price list under the EPA CPG

column as containing the maximum recovered materials and post-consumer materials content levels practicable

based on market availability. Specifically, show the percentage of the total recovered material and, if applicable,

the percentage of post-consumer material content. If products are not subject to the CPG guidelines, then show

N/A. Refer to CPG website at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program The

EPA maintains a list of EPA-designated products to provide Federal agencies purchasing recommendations on

specific products in several Recovered Materials Advisory Notices (RMANs). Each RMAN contains

recommended recovered and post-consumer material content levels for the specific products designated by EPA.

Visit the CPG web site to view the current list of products that must comply with Comprehensive Procurement

Guidelines. Also, CPG supporting documentations and background information (such as RMANs) can be found

at:

https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg Products

offered under this contract that have environmental attributes, such as recovered materials, must be

appropriately identified as required by General Services Acquisition Regulation (GSAR) 552.238-72,

Identification of Products that have Environmental Attributes. In addition, the Federal Trade Commission (FTC)

issued Guides for the Use of Environmental Marketing Claims (16 CFR Part 260). These guides address

environmental marketing and advertising practices. The FTC Guides for the Use of Environmental Marketing

Claims can be found at:

https://www.ftc.gov/policy/federal-register-notices/guides-use-environmental-marketing-claims-green-guides

Demonstrated ability to meet all environmental reporting and green product 

requirements: 

Offeror must provide a written explanation of how they will meet this environmental requirement. (Add

additional lines if necessary):

Requirements: Letter of Supply (LOS): 

If other than the manufacturer, offerors must provide a LOS. (please identify the file name below or enter “N/A”).

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Letter of Compliance - SIN 339940

Empty Toner Return Policy: 

Toner cartridge offerors must provide arrangements for empty toner cartridges to be returned from the

customers. Please describe your Empty Toner Return Policy below. (Add additional lines if necessary):

GSA Catalogs and Price Lists: 

The following requirements shall be met:

● Duplicated Part Numbers are not permitted within the Product Description Fields on GSA Advantage.

● Vendors who offer different Units of Issue for the same product shall not offer larger quantities at a price

higher than the individual unit.

● AbilityOne products shall be represented with the 13 digit National Stock Numbers (NSN) in the

“Manufacturer Part Number” field on GSA Advantage and identify “AbilityOne” as the manufacturer name.

Variations such as “NIB/Source America”, “Skilcraft” and “JWOD” will not be accepted.

● 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.

Regarding Product Substitutions: 

No product(s) shall be substituted unless specifically approved by the ordering office. If an item is on backorder,

the contractor shall contact the customer for further instructions prior to order cancellation. Offerors with more

than one supplier must ensure that there are no duplications of the exact same products by the same

manufacturers for the items being proposed.

Regarding Conformed Price Lists: 

For all modification requests, a conformed price list is required to be submitted along with all other pertinent

documents. For example, if a vendor currently has a catalog count of 2,000 items and they are in the process

of submitting a modification to add an additional 3000 items then two separate spreadsheets are required to

be submitted to the respective Contracting Officer. One spreadsheet should list the additional 3,000 items that

are in the process of being added while the second spreadsheet should be the conformed price list that

includes all 5,000 items. Customer Agencies request conformed price lists from time to time and this will

enable GSA to meet those requests in a timely manner.

The person whose signature appears below is authorized to make the commitments noted above.

Signature: _________________________ Date: ___________________________

Print Name: ________________________ Title: ___________________________

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Appendix: 

OFFICE SUPPLIES DEFINITION

Full Commercial Catalog Offer is defined as follows: 

Offerors have the option of submitting their entire full commercial catalog which includes a variety of office

supplies/products and a small amount of office furniture. The ratio should be 80% Office Supplies/Products and

20% other, such as office furniture, IT products/accessories, etc. Incidental transactional items such as

restroom products, IT accessories, and small furniture items may be included in orders from customers only for

convenience but will be a minimal portion of the offeror’s catalog. Offerors with a significant number of restroom

products are encouraged to offer SIN 322291 --- RESTROOM PRODUCTS.

Furniture products offered under this solicitation are required to meet applicable industry standards, tests, and

GSA requirements in effect on the date of issuance of the solicitation. During the contract period of the schedule,

product manufactured must meet the applicable standards, in effect at the time of manufacture. Furniture

products may only be offered as part of an offeror’s Full Commercial Catalog.

Partial Catalog Offer is defined as follows: 

Offeror is proposing a select number of Office Products that fall under the SIN

Office Supply Definitions per Category: This list is not meant to be all 

encompassing, but examples of common items in these categories. 

Office Supplies Definition Office

Supplies Category

Office Supplies SubcategoriesDefinition

Paper 1. Paper Carbon, cards, computer, fine stationery, inkjet, laser multipurpose, copier, notebook

filler, bond, résumé, rolls, stationery, and

labels

Toner 2. New toner and inkjet cartridgesNew ink and laser jet cartridges; multicolor

and black; and solid ink

3. Remanufactured toner

and inkjet cartridges

Remanufactured ink and laser jet cartridges; multicolor and black; and solid ink

General Office

Supplies

4. Adding machines and calculators

5. Binding and filing suppliesBinders, binding elements, file folders,

document protectors, bank boxes and other

filing boxes

6. Calendars, personal organizers, and other

dated office items

All office-related calendars and organizers

7. Cases and portfolios Carrying cases, presentation portfolios, leather and vinyl portfolios, twin-pocket portfolios, and zipper portfolios

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8. Computer accessories Mouse pads, wrist rests, antiglare screens,

desktop cleaning supplies, media storage, keyboard drawers (excludes electronic

information technology (EIT)

9. Computer media Diskettes, CDs, DVDs, data tape, USB

devices

10. Drawing and graphic arts suppliesAdhesives and glue, erasers, rulers and

measures

11. Mailing and shipping supplies Envelopes, shipping sacks, packaging tape

12. Miscellaneous office

supplies Fastening items including staplers, paper clips, binder clips, etc.; adhesive tape, label

makers, rubber stamps, ink, push pins, paper- hole punchers

13. Office furnishings Clocks, stools, picture frames, wastebaskets

14. Shredders Office-type and high-security shredders

15. Visual communications

and meeting aids

Blackboards, whiteboards, easels,

videotapes, audiotapes, dictation supplies

16. Writing instruments Pens, pencils, highlighters, markers

Delivery: 

Desktop Delivery: Desktop delivery is direct delivery of packages to a customer's desk.

Secure Desktop Delivery: Secure Desktop delivery is direct delivery of packages to a customer's desk

from an individual with security clearance.

Toner: 

A vendor should also indicate in the product description whether:

● Remanufactured cartridges meet applicable Business Solutions Association (BSA) standards ●

Compatible suppliers can represent and warrant that they have investigated and confirmed that their

products do not violate any United States patents

● The cartridge is CPG compliant:

○ Comprehensive Procurement Guidelines: EPA's Recovered Materials Advisory Notice (RMAN)

recommends that procuring agencies establish procedures and policies that give priority to

remanufacturing the agencies' expended toner cartridges. EPA recommends that, under such

policies and procedures, agencies procure

remanufacturing services for expended cartridges and, when such services are unavailable

or not practicable, obtain remanufactured toner cartridges or new toner cartridges made

with recovered materials from product vendors.

Sources:

● https://bsa.memberclicks.net/01-20-print-cartridge-standard

● https://sftool.gov/greenprocurement/green-products/9/non-paper-office-products/0

● http://www.i-itc.org/stmc.html

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Letter of Compliance - SIN 339940

Original Equipment Manufacturer (OEM): A new cartridge that is designed, manufactured and/or

distributed by the manufacturer of the printer in which the cartridge is intended to be used. An OEM cartridge

may contain recycled parts.

Non-OEM New Build: A new cartridge with a shell, internal components and ink or toner that is produced by a

company NOT affiliated with the printer hardware manufacturer of the printer in which the cartridge is intended

to be used.

Remanufactured: A cartridge that has been previously used, the marking substance consumed, and then is

subsequently collected, inspected, cleaned, had new or reconditioned parts installed, refilled with ink or toner,

and tested so that its capability to print has been restored. This previously used cartridge could be either an

OEM or a non-OEM cartridge.

Refilled: A cartridge that is refilled with non-OEM ink or toner and resealed. Some components may be

replaced, but the principal service is replacing the marking substance in a cartridge supplied by the customer.

The process may be performed by a technician in a local store, or by the customer using commercially

available supplies. This previously used cartridge could be either an OEM or a non-OEM cartridge.

All toners being offered shall be identified as: New OEM, Non-OEM New Build, Remanufactured, or

Refilled

Gray/Grey Market: 

Gray Market: Goods that are defined as items sold into the country of consumption without the consent of the

trademark holder. Gray market goods are not counterfeits; however, differences may exist between these

goods and those goods produced for sale in the country of consumption. Some of these differences may

involve warranty coverage or compliance with local regulatory requirements.

Black Market: Black market and counterfeit in the printing supplies business means the manufacturing,

refilling or ("reman") remanufacturing of a print cartridge with the intention to market it in a way that suggests it

is an original brand name product. This usually involves putting a reman or refill into a box that closely

resembles genuine manufacturer packaging, which can deceive customers into paying a higher price for a

fraudulent product.

Other Standards and Terms: 

FILL/KILL: 

In the “fill” or “kill” phase, Contractors are required to obtain affirmative acknowledgement from the customer

on all orders received. Should an order fail to be able to be fulfilled by the Contractor at the time order is

placed, the Contractor shall provide notification to the customer that the intended order cannot be filled within

the time specified and provide (when applicable) backorder details regarding the order.

Should the customer fail to acknowledge to the Contractor to move forth with the requested items placed on

backorder, the Contractor shall “kill” (not fulfill) the order within 24 hours of the Contractor’s response to the

customer’s backorder. Otherwise, Contractor’s receipt of acknowledgment to move forth with the backorder for

the agreed date of fulfillment, the Contractor shall “fill” the order as requested, agreed, and acknowledged.

Fill or Kill applies at the line-item level, not at the order level. The Contractor must:

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Letter of Compliance - SIN 339940

● Notify the ordering office placing the order within 24 hours if there are any problems filling an order;

● Provide any anticipated wait time; and

● Allow the customer to cancel that item or wait for the later delivery.

Notification and agreement with the customer must be in writing or through the ordering portal. The Contractor

shall automatically deliver items available and notify customers within 24 hours of order placement when a

backordered item can be delivered at a later date/time. Customers will determine if they wish to wait for the

backordered item or order from another contract holder. If no response is received from the customer within 24

hours of notification of a backordered items’ delivery estimate, the Contractor shall default to “Kill” for the line

item.

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