Section G

Contract administration data

The Contractor shall provide all management, administrative, marketing,
quotation, clerical and supervisory functions and actions required for
effective and efficient Contract administration without direct cost to
the Government.

**GSA** **SBSDC CONTRACTING OFFICER**

General Services Administration, 6TA

> Attn: Matthew Verhulst
>
> 1500 E. Bannister Road
>
> Kansas City, MO 64131

Phone: (816) 926-1366

E-mail: matthew.verhulst@gsa.gov

Fax: (816) 926-7474

# Order Selection Process (OSP) & Quotations

Fair Opportunity to compete will normally be provided to all Contract
holders in the applicable FA pool on all RFQs/Orders exceeding
\$2,500.00, unless one or more of the four statutory Fair Opportunity
exceptions found in Federal Acquisition Regulation (FAR) 16.505
applies - see [www.acqnet.gov](http://www.acqnet.gov/). Those exceptions
are, in brief: urgency, unique or highly specialized expertise, logical
follow-on to an Order already competed under this Contract, or
satisfaction of a minimum guarantee.

There must remain at least three qualified offerors in a FA for the FA
to be utilized. If the number of qualified awardees in a FA falls below
three, it will act as a stay to the utilization of those less than three
contracts until such a time as three contract awards in the FA are in
effect. The Government will make efforts to maintain the minimum level
of three contract awardees per functional area through the conduct of
occasional open seasons with the understanding that doing so remains at
the Government's discretion and that the length of any open season
acquisition cycle is a matter subject to many variables outside of the
Government's control. No specific promises regarding open season timing,
duration or outcomes are expressed or implied.

The Government may disseminate RFQs via the GSA FTS IT Solutions Shop
(ITSS) [http://it-solutions.gsa.gov](http://it-solutions.gsa.gov/),
facsimile, e-mail, commercial mail carrier, or
[www.fedbizopps.gov](http://www.fedbizopps.gov/). The use of any one of
the preceding mediums to broadcast an RFQ notice to all Contract holders
in the applicable FA pool satisfies the Fair Opportunity notification
requirement. [All Contractors are advised to maintain complete
up-to-date registrations and diligently monitor their accounts in ITSS
and]{.underline} [www.fedbizopps.gov](http://www.fedbizopps.gov/).

##### Competitive award criteria will be established in the RFQ (price will always be a criterion (past performance will always be a criterion for Orders expected to exceed \$100,000.00)). Either best value/tradeoff or low price - technically acceptable evaluations are authorized at the RFQ level, with a preference for the former. The Government may require oral presentations. The Government may evaluate quotations without discussions; therefore, each initial quote should contain the best terms. Quotes are due within 5 working days (Monday through Friday) of issuance of the RFQ unless another response time is specifically identified in the RFQ. Quotes shall remain valid for a period of not less than 60 calendar days if the minimum acceptance period is not stated in the RFQ.

The cognizant Contracting officer responsible for the RFQ will
definitize the requirement which will generally include some or all of
the following: (1) A statement of work and/or bill of materials, (2) a
desired completion date along with milestones and/or delivery schedule,
(3) the desired type of Contract (i.e., FFP, T&M, FPAF), (4) any change
from the standard response deadline (5) the evaluation factors, (6) any
special instructions, conditions, notices, performance measures/metrics,
etc. and (7) the applicable Section 508 accessibility standards from 36
CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act
of 1973, as amended, and is viewable at
[http://www.access-board.gov/sec508/508standards.htm - PART
1194](http://www.access-board.gov/sec508/508standards.htm#PART 1194).

Orders for services shall contain, to the maximum extent practicable,
performance based statements of work with meaningful performance
measures/ metrics. There is a useful Best Practices Guide issued by the
Office of Federal Procurement Policy at
<http://www.arnet.gov/Library/OFPP/BestPractices/> with which
Contractors should be familiar.

There is a Government policy preference for Fixed Price terms when they
are suited to the circumstances of a procurement.

Quotations will usually include the following (some of this will vary
with the risk arrangements of the proposed Order, i.e., the level of
detail in a fixed price scenario may differ from a time and materials
one), if applicable:

-   A narrative description of the plans for performance, technical
    approach, who will perform the work, how the work will be
    accomplished and potential risks or problem areas

-   Contractor\'s assumptions used in developing the quotation

-   Resumes for all key personnel proposed (if there are key personnel
    requirements) and the methods employed to retain them

-   Proposed milestones and acceptance criteria

-   A general work breakdown structure for accomplishing the
    requirements and functions identified above, showing the labor
    categories, ODCs, unit prices, quantities and totals applicable to
    each time period/major work segment, and cumulative totals

-   FOB Destination shipping is expected unless otherwise specifically
    permitted by the RFQ.

-   Section 508 compliance assurances

All unit prices for line items shall be constructed and quoted as
identified in Section B.

There shall not be a separate line item for/global application of
indirect charges, fringe benefits, profit or the CAF on any quotation at
the Order level since all line items will have all such allowable
amounts included therein.

Contractors [are not]{.underline} required to quote. Failure to quote on
any RFQ in no way jeopardizes a firm\'s ability to respond to future
RFQs.

# Order Conditions

Funding for each Order shall be contained in the Order and not in the
Contract. The minimum guarantee is intended to be met by Orders and not
by an outright payment from the SBSDC. Issuance of a single Order or a
series of Orders having a cumulative value equal to or greater than the
minimum guarantee satisfies the minimum guarantee.

Supplies and services will be Ordered by issuance of written Orders on
GSA Form 300, Standard Form 1449 or DD Form 1155. Other Forms may be
considered by the SBSDC Contracting Officer on a case-by-case basis.
Oral Orders are not authorized. Facsimile distribution of Orders is
authorized and such Orders considered to be properly issued when error
free transmission is complete.

No work will be performed, no debt or obligation accrued and no payment
will be made except as authorized by a bona-fide written Order signed by
a duly warranted CO having Order authority.

A bona-fide Order will include all of the following applicable elements,
the lack of any single one makes an Order defective. Non bona-fide
Orders shall be [brought to the immediate attention of the SBSDC
Contracting Officer]{.underline} and all Government personnel listed on
the face of the Order for dispositioning:

-   Date of Order

-   GSA Contract number

-   Government Order number

-   Appropriation and accounting data

-   If for product, description of end item(s) to be furnished

-   If for services, description of service(s) to be performed

-   If for product, delivery date(s)

-   If for product, shipping address(es)

-   If for services, period(s) of performance, performance timeframe(s)
    and performance deadline(s)

-   If for services, place(s) of performance

-   Price/risk arrangements, line items with associated dollar amounts &
    total Order amount

-   If for services, scope of work

-   If for product, bill of materials

-   Signature of authorized Order CO

-   Billing/Invoice address

-   Name of issuing Agency

-   Name, signature and phone number of Order CO

-   Name and phone number of CR, if not the Order CO

-   Name of Client Agency

-   Name of Contractor

The Contractor shall be bound by the terms and conditions in the
Contract and in Orders. Every effort shall be made to find the terms and
conditions of an Order meaningful and in harmony with/as complementary
to those of the Contract. In the event of a conflict between a term in
an Order and in the Contract, the Contract shall control.

Only SBSDC COs are authorized to modify any Contract terms and
conditions.

Any required change to a previously issued Order may only be made in a
writing by a duly warranted CO having Order authority.

**Supplies, Travel and ODCs**

Supplies include, among other things, equipment, hardware and software,
and may be considered at the Order level under the supplies line items,
[but must be specifically authorized in writing in the Order to be
reimbursed.]{.underline}

Travel is negotiable at the Order level under the travel line items,
[but must be specifically authorized in writing in the Order to be
reimbursed]{.underline}, and shall not exceed the parameters and rates
allowed by Government travel regulations (FTR for civilian agency work,
JTR for military agency work) for a Government employee traveling under
identical circumstances. The quoted handling rate is not subject to the
FTR or JTR. No fee/profit will be allowed on travel or per diem.

The Government won\'t authorize per diem expenses at permanent
assignments (those 6 months or longer). Per diem payments will be made
to the Contractor, but are intended as reimbursement to Contractor
employees. Such payments are not intended as profit for the Contractor
nor are they intended to be subject to deduction or set-aside by the
Contractor.

Normally the Government will not reimburse any costs associated with the
relocation of Contractor personnel, though it may be authorized at the
Government\'s discretion. If authorized relocation is two-phased, to
include a move to a new site and also a return, the former will be paid
upon initiation of services at the site, but the later shall be paid as
part of the final payment under the Order. If the Government has paid
relocation for a Contractor employee and the employee is no longer
available to perform due to Contractor fault, misconduct or negligence,
then any relocation cost for replacement personnel shall be solely the
Contractor\'s responsibility.

As already stated in Section B, the attached labor category descriptions
are stated in terms of minimum qualifications/responsibilities and do
not attempt to delineate the universe of responsibilities associated
with a labor category by the commercial market. Contractors shall not be
allowed to divert work from pre-defined labor categories to other labor
categories based on a restrictive or hypertechnical reading of labor
category descriptions. With that said, additional labor categories not
anticipated/covered in the pricing schedules may be quoted under the ODC
line items subject to standard of review cited above.

**Quantities**

c.  
d.  
e.  
f.  

Offerors are cautioned to propose on the total quantity of items
requested. [Quotes for less than the total quantity
solicited]{.underline} [may]{.underline} [be rejected.]{.underline}

**Delegation of Ordering Authority**

-   The GSA SBSDC CO hereby delegates Contract compliant Order authority
    (RFQ competition & evaluation, Order issuance, Order
    modification/administration and Order reporting authority) to all
    warranted FTS COs - a class delegation. Such authority may not be
    re-delegated.

-   The SBSDC may delegate Contract compliant Order authority in writing
    directly to other Government agency (OGA) COs. These delegations
    will be performed on an individual, case-by-case basis, and not to a
    class of COs. Proof of a valid delegation to an OGA CO takes the
    form of a written and signed letter specifically naming the OGA CO.
    At the present time, this type of delegation is four pages long.

**Order Level** **Protest**

In accordance with Federal Acquisition Regulation (FAR) 16.505(a)(6),
"No protest under Subpart 33.1 is authorized in connection with the
issuance or proposed issuance of an Order under a Task-Order Contract or
Delivery-Order Contract, except for a protest on the grounds that the
Order increases the scope, period, or maximum value of the Contract".

**GSA\'s Delivery/Task** **Order** **Ombudsman**

Disputes related to other matters affecting Order award may be directed
to the Ombudsman responsible for the duties described at FAR
16.505(b)(6). The Ombudsman for GSA is:

> Donald J. Suda\
> Special Assistant for Contractor Integrity\
> Office of Acquisition Policy (MV)
>
> 1800 F Street, NW - Rm.: 4031\
> Washington, DC 20405-0002
>
> Phone: (202) 501-4770
>
> Fax: (202) 501-1986

**Contract Training Meetings**

The SBSDC intends to hold three post-award meetings in order to
coordinate with the Contract awardees. A meeting is likely to be held on
the West Coast of the United States, Kansas City, and on the East Coast
of the United States. It is [vital]{.underline} that the awardees,
particularly the awardees\' Contract Managers, make every effort to
attend one of those meetings, as it will be an early opportunity to
develop our working relationship and share best practices.

**Contract Review Meetings**

Each Contractor\'s Contract manager shall participate in a semi-annual
structured Contract review meeting with SBSDC staff. The meeting will
last approximately 60 minutes and may be via teleconference or in person
at the SBSDC offices located at 1500 E. Bannister Road, Kansas City, MO
64131.

### Payment of Invoices {#payment-of-invoices .unnumbered}

Payment will be made upon Government acceptance of the entire Order
(unless incremental delivery payments, performance milestone payments or
progress payments have been agreed to, or other specific arrangements
are established in the Order).

If the supplies or services are rejected for failure to conform to the
requirements of the Contract/Order, or any other Contractually
legitimate reason, the Contractor shall not be paid, or shall be paid an
amount negotiated or directed by the CO.

# 

# Invoice/Request for Payment Submission

Upon appropriate delivery and acceptance of supplies or performance and
acceptance of services per the terms of each Order, the Contractor may
submit a valid Order specific invoice to the payment office specified in
the Order.

The Contractor agrees that the submission of an invoice for payment is a
certification that the supplies or services for which the Government is
being billed have been rendered per the terms of the Order, in the
quantities shown on the invoice, at the rates agreed to in the Order and
that the supplies or services are in the quantity and of the quality
designated by the Order.

Only original invoices shall be submitted. Invoices must be plainly
marked with the heading \"**Invoice**\" or substantially similar.
Invoices marked \"**Statement**\" or similar [are not
acceptable]{.underline} and [will not be processed]{.underline}**.**

Invoices must contain the following or they will be considered
defective:

-   Description of line items, unit prices, quantities and extended
    prices conforming to their structure in the applicable Order

-   Total invoice amount

-   Prompt payment discount offered

-   Name of the business concern and invoice date

-   Government Order number

-   GSA Contract number

-   Government Project Number & Title

-   Accounting Control Transaction (ACT) number for GSA FTS Orders

-   Period of Performance covered

-   Contractor Invoice Number

-   Government Client name and address

-   Name, title, phone number, and complete mailing address of the
    responsible Contractor official to whom payment is to be sent. The
    \"remit to\" address must correspond to the remittance address in
    the Contract

-   Information necessary to enable the Government to make

payment by wire transfer

Charges not specifically authorized in a bona-fide Order by the
Government shall not be paid.

Copies of Contractor paid invoices and receipts shall be maintained by
the Contractor for the life of the Contract, for three years thereafter,
and made available to the Government at no direct cost to the Government
upon request.

Invoices for [final payment]{.underline} must be identified as such and
submitted when Order requirements have all been completed and no further
charges are to be incurred. [A copy of the written]{.underline} [client
acceptance of completion must be attached to final
invoices.]{.underline}

Cost Recovery Report (CRR)

The CRR is a report of all invoices and payments received against all
active Orders under this Contract. The Contractor is to provide the
Order Number, Ordering Office, Client Agency and location, the Invoice
Number, the amount of the invoice, Payment Received, the amount of the
Contract Access Fee (CAF), total CAF per Order and the total CAF paid
for the reporting period. The report shall include the total amount of
the listed invoices and remittances for both the reporting period as
well as cumulative totals for each active Order to date[. A CRR is
required even when no invoices occur during the reporting
period.]{.underline} Invoices that extend beyond the Contract period
will be reported within 60 days of final delivery. The CRR shall be
submitted in the GSA selected software format (currently MS Excel 97™)
by the fifth work day following the close of the calendar month. A copy
of the CRR is included in Section J. To download the CRR format go to
website: [www.fast.sdc.gsa.gov](http://www.fast.sdc.gsa.gov/).

CRRs shall be submitted along with the CAF payment and sent to the
following:

> GSA
>
> 6FG, GWAC Center
>
> PO Box 16020
>
> Kansas City, MO 64112

The Government reserves the right to inspect without further notice,
such records of the Contractor as pertain to Orders under this Contract.
Willful failure or refusal to furnish the required reports, or
falsification thereof, shall constitute sufficient cause for terminating
the Contract for default.

# SBSDC Fee Collection 

GSA operating costs associated with awarding and managing this Contract
are recovered through the 1% CAF*.* Contractors shall seamlessly embed
the CAF in the unit prices submitted with their Order quotations. There
are different methods by which the 1% CAF due to the SBSDC may be
calculated, and a uniform method will be utilized 1% of the amounts paid
to the Contractor for Contract work for the reporting period.

The Contractor shall collect the CAF and remit it to GSA. The CAF amount
due shall be paid by check to:

> General Services Administration
>
> FTS, Solutions Development Center (6TA)

#### P.O. Box (filled in post award)

> Kansas City, Missouri 64112

Where multiple invoices and/or multiple Orders are involved, the CAF may
be consolidated into one payment. To ensure the payment is credited
properly, the Contractor shall submit the check along with a printed
copy of the CRR.

The Contractor shall pay GSA not later than the 10^th^ work day of each
month the CAF for all invoices rendered the preceding month (for
example: the CAF is due in July for payments received in June). If the
full amount of the CAF is not paid within 30 calendar days after the end
of the applicable payment date, it shall constitute a debt to the United
States Government under the Debt Collection Act of 1982 and the Debt
Collection Improvement Act of 1996, including withholding or setting off
payments and interest on the debt (see FAR 52.232-17, Interest.)

If the Contractor fails to submit documented sales reports, payments,
falsifies payment documentation, or fails to pay the CAF in a timely
manner, the Government may terminate or cancel the Contract. Willful
failure or refusal to furnish the required reports, falsification of
reports, or failure to pay the CAF timely constitutes sufficient cause
for terminating the Contractor for default. The Government\'s
entitlement to the CAF survives any termination.

**Simplified CRR & CAF Payment**

The Contractor has the option to pay the entire CAF for an Order up
front and realize administrative savings from not having to issue a
stream of checks for the CAF, and not having to submit information in
the Invoice No., Invoice Date, Invoice Amount and Payment Received
portions of CRRs following the 1^st^ instance of reporting of the Order
in a CRR. The CAF is non-refundable.

# Contract Key Personnel

Each Contract awardee shall designate a Contract Manager (the Key
Personnel position for this Contract) who is responsible for overall
coordination of their Contract with the Government. This person \--

-   Organizes, directs, and coordinates planning and production of all
    Contract support activities

-   Has excellent oral and written communication skills, with a
    demonstrated capability for dealing with, and may meet with, all
    levels of internal personnel and external representatives

-   Formulates and reviews strategic plans, marketing plans,
    subcontracting, and deliverable items, determines Contract costs,
    and ensures conformity with Contract terms and conditions

-   Explains policies, purposes, and goals of the Contractor's
    organization, and GSA's policies and procedures applicable to this
    Contract, to Contractor personnel

-   Takes appropriate action as required to avoid personal services
    Orders

-   Must be authorized to negotiate on behalf of and bind the Contractor
    to Orders

Key personnel must be assigned for the duration of the Contract barring
circumstances outside the control of the Contractor (e.g., death,
resignation, disability, etc.) or otherwise accepted by the Contracting
Officer.

**Subcontracting**

Pursuant to FAR 52.219-3 found in Section I, Contract holders may not
subcontract greater than 50% of their personnel work under this Contract
on a cumulative basis (i.e., although individual Orders may have greater
than 50% personnel subcontracting, the total cumulative personnel
subcontracting under all task Orders may not exceed 50% at any time.)
Contractors shall maintain an up-to-date tally of their personnel
subcontracting percentage under this Contract and be cognizant of their
standing relative to it. Contractors shall submit an annual report no
later than 30 calendar days after each Contract year detailing the
personnel subcontracting percentage under Orders performed during the
previous Contract year. The report shall show the personnel
subcontracting percentage for the Contract year under each Order, the
cumulative total for the reporting period and the cumulative total for
the life of the Contract. The Government reserves the right to call for
this report from time to time and to limit new Orders at any time to a
Contractor not in compliance with FAR 52.219-3.

# 

# 

**Current & Past Performance Information** (IAW FAR 42.15)

It is the SBSDC\'s intent to collect complete performance evaluations
for each Order. The requiring office will assess the Contractor\'s
performance in areas such as quality, quantity and timeliness. Such
ratings may have bearing on the Contractor\'s likelihood to receive
future Orders. The past performance questionnaire in Section J of the
solicitation shall be used for this purpose.

It is incumbent upon the requiring official, or their designee, to
complete a performance record (essentially measures of quality, schedule
timeliness, performance goal attainment, cost goal compliance and
customer satisfaction) for each Order after completion of work, and at
least annually for Orders having a performance period in excess of one
year. Performance evaluations should be submitted to the SBSDC.
Contractors should be cognizant of this requirement and exercise their
right to contribute to the final performance record. Organizations of
caliber will not only plan for good performance, but also be aware of
their current performance as perceived by the Government, and take steps
(i.e., requesting interim evaluations, holding meetings with the
Government, corrective action if required, etc.) to ensure performance
is satisfactory throughout the life of each Order so that there will be
no surprises at the completion of work.

Contractors are invited to document their performance under each
Contract Order and submit it to the SBSDC. This standing invitation
constitutes the SBSDC\'s effort to afford an opportunity for Contractors
to address adverse ratings before they are utilized in a future
selection process. A file of all received Government performance records
and any Contractor supplemental information will be maintained and made
available to interested parties having a bona-fide need to know.

The SBSDC is considering and may implement a mandatory uniform web-based
past performance system in the future.

**Observance of Federal Holidays**

\(a\) Government personnel observe the following holidays, also shown at
[www.opm.gov/fedhol](http://www.opm.gov/fedhol).

New Year\'s Day

Martin Luther Kings, Jr.\'s Birthday

President\'s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran\'s Day

Thanksgiving Day

Christmas Day

Any other day designated by Federal statute, Executive Order or the
President\'s proclamation.

\(b\) When any holiday falls on a Saturday, the preceding Friday is
observed. When any holiday falls on a Sunday, the following Monday is
observed. Observance of such days by Government personnel shall not, by
itself, be cause for an equitable adjustment, except if specifically
authorized in an Order.

\(c\) It is understood and agreed between the Government and the
Contractor that observance of such days by Government personnel shall
not otherwise be a reason for an additional period of performance, or
entitlement to compensation.

####### End of Contract Reporting

Summary reports will be required of each Contract awardee at the end of
their Contract. Those reports must include a list of all Orders (from
GSA or otherwise) issued under the Contract and associated: Government
Order number, client agency name, total dollar value, period of
performance, and the CAF amounts paid to the Government.