PRE SOLICITATION NOTICE FOR COMMERCIAL DISTRIBUTORS AND MANUFACTURERS OF COMMERCIAL ITEMS Sol. SPO500-95-R-0164. Due 042996. POC: Keith Ralph, DISC-PPI, FAX (215) 697-5697. Defense Industrial Supply Center, DISC-PODA, 700 Robbins Avenue, Philadelphia, PA 19111-5096. The Defense Industrial Supply Center (DISC) is seeking standing proposals from business entities who are interested in participating in an acquisition initiative which will be implemented by means of a basic agreement for the sale and distribution of commercial items in the following Federal Supply Classes (FSCs) for which DISC has logistics management responsibility: 3110, 3120, 3130, 3990, 4010, 4020, 4030, 4110, 4510, 5305, 5306, 5307, 5310, 5315, 5320, 5325, 5330, 5335, 5340, 5355, 5360, 5365, 5510, 5520, 5530, 6145, 6750, 7310, 7320, 7330, 7340, 7350, 7360, 9505, 9510, 9515, 9520, 9525, 9530, 9535, 9540, 9545, 9610, 9620, 9630, 9640, 9650, 9660, 9670, and 9680. Participation is requested of both manufacturers and non-manufacturers (``vendors'') who regularly maintain inventories of commercial items for sale to the government and/or the general public in the ordinary course of business. These are vendors who fill orders for commercial products ``off the shelf'' on a routine basis, but also have procedures in place for filling customers' emergency orders and surge requirements. The vehicle by which DISC will acquire commercial items under this initiative will be a basic agreement of the type prescribed by subpart 16.702 of the Federal Acquisition Regulation (FAR), but constructed in accordance with FAR Part 12, relating to the acquisition of commercial items. The term, ``commercial item'', is defined in FAR 2.101. Electronic delivery orders will be issued against, and will incorporate the terms and conditions of, the basic agreement. The delivery orders will cite the applicable price(s) contained in selected vendors' standing proposal for the item(s) for which the vendor was selected. Unless otherwise indicated therein, standing proposals are solicited for all DISC managed items of supply. Vendors who desire to have standing proposals evaluated for purposes of entering into a basic agreement for DISC managed items shall submit computer diskette(s) identifying each item for which it desires to be considered. DISC contemplates the execution of numerous basic agreements pursuant to this solicitation. Standing proposals shall remain firm for the period of the basic agreement between DISC and the selected vendors. The basic agreement is not a contract. However, delivery orders issued in accordance with its terms will become legally binding bilateral contractual documents upon the occurrence of any stated conditions. This solicitation, which is to be issued by DISC with the intention of formulating basic agreements, has been structured in accordance with the provisions of FAR Part 12 relating to the acquisition of commercial items. With certain exceptions, the terms and conditions of the basic agreements that will actually implement this initiative may be tailored to be consistent with the respondent's commercial practices. Therefore, vendors may propose commercial practices and/or terms & conditions which differ from those set forth in the solicitation, except for those in FAR clause 52.212-4, ``Contract Terms and Conditions - Commercial Items (Oct 1995),'' paragraphs (b), (d), (g), (i), (q), and (r). The proposed terms and practices must meet the government requirements for the items to be procured. See numbered Note 22.

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