What should you include in a Letter of Supply?

This is the recommended text that the manufacturer would put in a  letter to you:

[Submit on Supplier Letterhead]

DATE

[Offeror Name]

[Offeror Point of Contact (POC)]

[Address]

Re: Letter of Supply

Dear [Offeror POC],

This Letter of Supply is in reference to the offer that [Offeror Name] submitted in response to the General Services Administration’s Solicitation [enter Solicitation Number if a new offer] or Contract number [enter Contract number if existing contract].

LETTER OF SUPPLY: (Manufacturer's or Other “Uninterrupted Supplier’s” Name) agrees that it will supply [Offeror’s Name], Inc. with sufficient quantities of the offered product(s) to meet the Government’s needs for the duration of the contract period and any extensions thereof provided [Offeror Name] remains in good standing with [Supplier Name] and [Supplier Name] is permitted to sell such products to [Offeror Name] under [Supplier Name]’s agreements with its vendors.

COMMERCIAL PRODUCT CERTIFICATION: (Manufacturer’s or “Other Uninterrupted Supplier’s” Name) certifies that all products proposed for inclusion on the Contract or any subsequent contract modification are newly manufactured products (however, see 552.238-78 Identification of Products that have Environmental Attributes which allows for remanufactured products), that are of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and are sold, leased, or licensed in the course of normal business operations to the general public.

TRADE AGREEMENTS CERTIFICATE :( Manufacturer’s or “Other Uninterrupted Supplier’s” Name) understands that all products and services offered on [Offeror Name]’s MAS contract must be compliant with the Trade Agreements Act (TAA)(19 U.S.C. § 2501, et seq.) and FAR clause 52.225-5 TRADE AGREEMENTS (Aug 2018). Further, while [Supplier Name] understands that responsibility for TAA compliance and Country Of Origin accuracy resides with [Offeror Name], [Supplier Name] agrees to work and cooperate with [Offeror Name] to support [Offeror Name]’s TAA compliance of items offered on its contract and to provide country of origin information.

(Manufacturer’s or “Other Uninterrupted Supplier’s” Name) Dun and Bradstreet number is________ .

(Manufacturer’s or “Other Uninterrupted Supplier’s” Name) production point for product(s) submitted for this solicitation is:

COMPREHENSIVE PROCUREMENT GUIDELINES (CPGS) PROGRAM** (IF APPLICABLE):

[Supplier Name] understands that if it certifies to [Offeror Name] that an item being supplied meets or exceeds the minimum content levels established under the Comprehensive Procurement Guidelines***(CPGs) program, then, in order for [Offeror Name] to display the appropriate environmental attributes on its GSA Contract for the item, [Offeror Name] must retain proof in the form of a copy of the certification from the manufacturer or a copy of the environmental organization’s certification or be able to obtain such proof from [Supplier Name] on request. A document showing the percentage of the recovered materials and post-consumer materials in the item offered must also be retained by [Offeror Name] or be available from [Supplier Name] to [Offeror Name] upon request. Accordingly, [Offeror Name] and [Supplier Name] will mutually agree on a process to facilitate [Offeror Name’s] compliance with its Economic Price Adjustments and CPGs obligations under the Contract.

[Supplier Name] understands that if no proof of the environmental attributes being claimed is provided then [Offeror Name] will not be allowed to display the applicable environmental attribute icon.

ENVIRONMENTAL ATTRIBUTES (IF APPLICABLE):

Further, [Supplier Name] understands that [Offeror Name] is required to identify items offered with certain environmental attributes in its offer and GSA contract. This includes items that:

• Meet or exceed the recommended recovered and post-consumer material content levels for products designated under the EPA’s Comprehensive Procurement Guideline (CPG) Program (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program);
• Are energy-efficient, meaning the product
  • Meets Department of Energy (DOE) and Environmental Protection Agency criteria for use of the ENERGY STAR® trademark label (https://www.energystar.gov/) or
  • Is in the upper 25 percent of efficiency for all similar products as designated by DOE’s Federal Energy Management Program (https://www.energy.gov/eere/femp/federal-energy-management-program);
• Are water-efficient (e.g., WaterSense certified products);
• Are remanufactured; or
• Have other environmental attributes^[1].

[Offeror Name], in identifying an item with an environmental attribute, must possess evidence or rely on a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental Marketing Claims). The Government will accept an offeror’s claim of an item’s environmental attribute on the basis of—

1. Participation in a Federal agency-sponsored program (e.g., the ENERGY STAR® product labeling program);
2. Verification by an independent organization that specializes in certifying such claims; or
3. Possession of competent and reliable evidence.^[2]

[Offeror Name] must retain proof in the form of a copy of the certification from the manufacturer or a copy of the environmental organization’s certification or be able to obtain such proof from [Supplier Name] on request. [Supplier Name] understands that if no proof of the environmental attributes identified being claimed is provided, then [Offeror Name] will not be allowed to display the applicable environmental attribute icon. Accordingly, [Offeror Name] and [Supplier Name] will mutually agree on a process to facilitate [Offeror Name’s] compliance with these obligations under the Contract.

Sincerely,

[Signed by a [Supplier Name] company official authorized to make the commitment]