> AUTHORIZED FEDERAL SUPPLY SERVICE\
> INFORMATION TECHNOLOGY SCHEDULE PRICELIST\
> GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY\
> EQUIPMENT, SOFTWARE AND SERVICES

#### SIN 132-8 PURCHASE OF EQUIPMENT

> FSC CLASS 7010 - SYSTEM CONFIGURATION
>
> FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES
>
> FSC CLASS 7035 ‑ ADP SUPPORT EQUIPMENT

#### SIN 132-12 - MAINTENANCE OF EQUIPMENT, REPAIR SERVICE, AND REPAIR PARTS/SPARE PARTS (FPDS Code J070 - Maintenance and Repair Service)(Repair Parts/Spare Parts - See FSC Class for basic equipment)

#### SIN 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

> FPDS Code D301 IT Facility Operation and Maintenance\
> FPDS Code D302 IT Systems Development Services\
> FPDS Code D306 IT Systems Analysis Services

**Note 1:** All non-professional labor categories must be incidental to
and used solely to support hardware, software and/or professional
services, and cannot be purchased separately.

**Note 2:** Offerors and Agencies are advised that the Group 70 --
Information Technology Schedule is [not]{.underline} to be used as a
means to procure services which properly fall under the Brooks Act.
These services include, but are not limited to, architectural,
engineering, mapping, cartographic production, remote sensing,
geographic information systems, and related services. FAR 36.6
distinguishes between mapping services of an A/E nature and mapping
services which are not connected nor incidental to the traditionally
accepted A/E Services.

**Note 3:** This solicitation is not intended to solicit for the
reselling of IT Professional Services, except for the provision of
implementation, maintenance, integration, or training services in direct
support of a product. Under such circumstances the services must be
performance by the publisher or manufacturer or one of their authorized
agents.

ABC Company\
123 Drive

Anywhere, USA 12345

Phone: (555) 555-5555 FAX: (555) 555-5556

E-mail: <anyone@abccomp.com>

Internet: [www.abccomp.com](http://www.abccomp.com/)

> Contract Number:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
> **\*\*will be furnished at time of award\*\***
>
> Period Covered by Contract:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
> **\*\*will be furnished at time of award\*\***

General Services Administration\
Federal Supply Service

> Pricelist current through Modification #\_\_\_\_\_\_\_, dated
> \_\_\_\_\_\_\_\_.
>
> Products and ordering information in this Authorized FSS Information
> Technology Schedule Pricelist are also available on the GSA Advantage!
> System. Agencies can browse GSA Advantage! by accessing the Federal
> Supply Service's Home Page via the Internet at
> <http://www.fss.gsa.gov/>

\*\*Table of Contents. This page in the pricelist should be entitled
\"Table of Contents,\" and should contain the basic sections of the
pricelist, along with corresponding page numbers for ease of use. It
should be created by the contractor.\*\*

INFORMATION FOR ORDERING ACTIVITIES\
APPLICABLE TO ALL SPECIAL ITEM NUMBERS

SPECIAL NOTICE TO AGENCIES: Small Business Participation

> SBA strongly supports the participation of small business concerns in
> the Federal Supply Schedules Program. To enhance Small Business
> Participation SBA policy allows agencies to include in their
> procurement base and goals, the dollar value of orders expected to be
> placed against the Federal Supply Schedules, and to report
> accomplishments against these goals.
>
> For orders exceeding the micropurchase threshold, FAR 8.404 requires
> agencies to consider the catalogs/pricelists of at least three
> schedule contractors or consider reasonably available information by
> using the GSA Advantage! on-line shopping service (www.fss.gsa.gov).
> The catalogs/pricelists, GSA Advantage! and the Federal Supply Service
> Home Page (www.fss.gsa.gov) contain information on a broad array of
> products and services offered by small business concerns.
>
> This information should be used as a tool to assist ordering
> activities in meeting or exceeding established small business goals.
> It should also be used as a tool to assist in including small, small
> disadvantaged, and women-owned small businesses among those considered
> when selecting pricelists for a best value determination.
>
> For orders exceeding the micropurchase threshold, customers are to
> give preference to small business concerns when two or more items at
> the same delivered price will satisfy their requirement.
>
> 1\. Geographic Scope of Contract:

\*\*The minimum acceptable geographic scope of contract is the 48
contiguous states and the District of Columbia. FOR SIN 132-53 ONLY, if
proposed, list the limited geographic coverage.\*\*

> 2\. Contractor\'s Ordering Address and Payment Information:
>
> **ABC Comp.**
>
> **123 Drive**
>
> **Anywhere, USA 12345**
>
> Contractors are required to accept credit cards for payments equal to
> or less than the micro‑purchase threshold for oral or written delivery
> orders. Credit cards will/will not be acceptable for payment above the
> micro-purchase threshold. In addition, bank account information for
> wire transfer payments will be shown on the invoice.
>
> The following telephone number(s) can be used by ordering activities
> to obtain technical and/or ordering assistance:

\(555\) 555-5555

\*\*When there are Authorized Dealers participating under the Contract,
insert the following sentence.\*\*

When Authorized Dealers are allowed by the Contractor to bill ordering
activities and accept payment, the order and/or payment must be in the
name of the Contractor, in care of the Authorized Dealer.

> 3\. LIABILITY FOR INJURY OR DAMAGE
>
> The Contractor shall not be liable for any injury to ordering activity
> personnel or damage to ordering activity property arising from the use
> of equipment maintained by the Contractor, unless such injury or
> damage is due to the fault or negligence of the Contractor.
>
> 4\. Statistical Data for Government Ordering Office Completion of
> Standard Form 279:
>
> Block 9: G. Order/Modification Under Federal Schedule\
> Block 16: Data Universal Numbering System (DUNS) Number: [12-345-6789\
> ]{.underline}Block 30: Type of Contractor - [A. Small Disadvantaged
> Business]{.underline}
>
> A. Small Disadvantaged Business\
> B. Other Small Business\
> C. Large Business\
> G. Other Nonprofit Organization\
> L. Foreign Contractor
>
> Block 31: Woman-Owned Small Business - [No]{.underline}**\
> **Block 36: Contractor\'s Taxpayer Identification Number (TIN):
> [12-345-6789]{.underline}
>
> 4a. CAGE Code: [XX-XX-XX??]{.underline}
>
> 4b. Contractor has/has not registered with the Central Contractor
> Registration Database.
>
> 5\. FOB Destination
>
> 6\. DELIVERY SCHEDULE
>
> a\. TIME OF DELIVERY: The Contractor shall deliver to destination
> within the number of calendar days after receipt of order (ARO), as
> set forth below:
>
> SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)
>
> > [132-8]{.underline} [30]{.underline} Days
>
> > [132-51]{.underline} As Agreed upon between contractor and the
> > ordering activity.
>
> b\. URGENT REQUIREMENTS: When the Federal Supply Schedule contract
> delivery period does not meet the bona fide urgent delivery
> requirements of an ordering activity, ordering activities are
> encouraged, if time permits, to contact the Contractor for the purpose
> of obtaining accelerated delivery. The Contractor shall reply to the
> inquiry
>
> within 3 workdays after receipt. (Telephonic replies shall be
> confirmed by the Contractor in writing.) If the Contractor offers an
> accelerated delivery time acceptable to the ordering activity, any
> order(s) placed pursuant to the agreed upon accelerated delivery time
> frame shall be delivered within this shorter delivery time and in
> accordance with all other terms and conditions of the contract.
>
> 7\. Discounts: Prices shown are NET Prices; Basic Discounts have been
> deducted.
>
> a\. Prompt Payment: [2]{.underline}% - [10]{.underline} days from
> receipt of invoice or date of acceptance, whichever is later.\
> b. Quantity\
> c. Dollar Volume\
> d. Government Educational Institutions
>
> e\. Other
>
> 8\. Trade Agreements Act of 1979, as amended:
>
> All items are U.S. made end products, designated country end products,
> Caribbean Basin country end products, Canadian end products, or
> Mexican end products as defined in the Trade Agreements Act of 1979,
> as amended.
>
> 9\. Statement Concerning Availability of Export Packing: None
>
> 10\. Small Requirements: The minimum dollar value of orders to be
> issued is [\$100]{.underline}.
>
> 11\. Maximum Order (All dollar amounts are exclusive of any discount
> for prompt payment.)
>
> The Maximum Order value for the following Special Item Numbers (SINs)
> is \$500,000:
>
> Special Item Number 132-8 - Purchase of Equipment\
> Special Item Number 132-12 -- Maintenance of Equipment\
> Special Item Number 132-51 - Information Technology (IT) Professional
> Services
>
> 12\. USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE
> CONTRACTS. In accordance with FAR 8.404:
>
> **\[NOTE: Special ordering procedures have been established for
> Special Item Numbers (SINs) 132-51 IT Professional Services and 132‑52
> EC Services; refer to the terms and conditions for those SINs.\]**
>
> Orders placed pursuant to a Multiple Award Schedule (MAS), using the
> procedures in FAR 8.404, are considered to be issued pursuant to full
> and open competition. Therefore, when placing orders under Federal
> Supply Schedules, ordering activities need not seek further
> competition, synopsize the requirement, make a separate determination
> of fair and reasonable pricing, or consider small business set-asides
> in accordance with subpart 19.5. GSA has already determined the prices
> of items under schedule contracts to be fair and reasonable. By
> placing an order against a schedule using the procedures outlined
> below, the ordering activity has concluded that the order represents
> the best value and results in the lowest overall cost alternative
> (considering price, special features, administrative costs, etc.) to
> meet the ordering activity's needs.
>
> a\. Orders placed at or below the micro-purchase threshold. ordering
> activities can place orders at or below the micro-purchase threshold
> with any Federal Supply Schedule Contractor.
>
> b\. Orders exceeding the micro-purchase threshold but not exceeding
> the maximum order threshold. Orders should be placed with the Schedule
> Contractor that can provide the supply or service that represents the
> best value. Before placing an order, ordering activities should
> consider reasonably available information about the supply or service
> offered under MAS contracts by using the "GSA Advantage!" on-line
> shopping service, or by reviewing the catalogs/pricelists of at least
> three Schedule Contractors and selecting the delivery and other
> options available under the schedule that meets the ordering
> activity's needs. In selecting the supply or service representing the
> best value, the ordering activity may consider\--
>
> \(1\) Special features of the supply or service that are required in
> effective program performance and that are not provided by a
> comparable supply or service;
>
> \(2\) Trade-in considerations;
>
> \(3\) Probable life of the item selected as compared with that of a
> comparable item;
>
> \(4\) Warranty considerations;
>
> \(5\) Maintenance availability;
>
> \(6\) Past performance; and
>
> \(7\) Environmental and energy efficiency considerations.
>
> c\. Orders exceeding the maximum order threshold. Each schedule
> contract has an established maximum order threshold. This threshold
> represents the point where it is advantageous for the ordering
> activity to seek a price reduction. In addition to following the
> procedures in paragraph b, above, and before placing an order that
> exceeds the maximum order threshold, ordering activities shall\--
>
> Review additional Schedule Contractors'
>
> \(1\) catalogs/pricelists or use the "GSA Advantage!" on-line shopping
> service;
>
> \(2\) Based upon the initial evaluation, generally seek price
> reductions from the Schedule Contractor(s) appearing to provide the
> best value (considering price and other factors); and
>
> \(3\) After price reductions have been sought, place the order with
> the Schedule Contractor that provides the best value and results in
> the lowest overall cost alternative. If further price reductions are
> not offered, an order may still be placed, if the ordering activity
> determines that it is appropriate.
>
> NOTE: For orders exceeding the maximum order threshold, the Contractor
> may:
>
> \(1\) Offer a new lower price for this requirement (the Price
> Reductions clause is not applicable to orders placed over the maximum
> order in FAR 52.216-19 Order Limitations);
>
> \(2\) Offer the lowest price available under the contract; or
>
> \(3\) Decline the order (orders must be returned in accordance with
> FAR 52.216-19).
>
> d\. Blanket purchase agreements (BPAs). The establishment of Federal
> Supply Schedule BPAs is permitted when following the ordering
> procedures in FAR 8.404. All schedule contracts contain BPA
> provisions. ordering activities may use BPAs to establish accounts
> with Contractors to fill recurring requirements. BPAs should address
> the frequency of ordering and invoicing, discounts, and delivery
> locations and times.
>
> e\. Price reductions. In addition to the circumstances outlined in
> paragraph c, above, there may be instances when ordering activities
> will find it advantageous to request a price reduction. For example,
> when the ordering activity finds a schedule supply or service
> elsewhere at a lower price or when a BPA is being established to fill
> recurring requirements, requesting a price reduction could be
> advantageous. The potential volume of orders under these agreements,
> regardless of the size of the individual order, may offer the ordering
> activity the opportunity to secure greater discounts. Schedule
> Contractors are not required to pass on to all schedule users a price
> reduction extended only to an individual ordering activity for a
> specific order.
>
> f\. Small business. For orders exceeding the micro-purchase threshold,
> ordering activities should give preference to the items of small
> business concerns when two or more items at the same delivered price
> will satisfy the requirement.
>
> g\. Documentation. Orders should be documented, at a minimum, by
> identifying the Contractor the item was purchased from, the item
> purchased, and the amount paid. If an ordering activity requirement,
> in excess of the micro-purchase threshold, is defined so as to require
> a particular brand name, product, or feature of a product peculiar to
> one manufacturer, thereby precluding consideration of a product
> manufactured by another company, the ordering activity shall include
> an explanation in the file as to why the particular brand name,
> product, or feature is essential to satisfy the ordering activity's
> needs.
>
> 13\. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS
> REQUIREMENTS: ordering activities acquiring products from this
> Schedule must comply with the provisions of the Federal Standards
> Program, as appropriate (reference: NIST Federal Standards Index).
> Inquiries to determine whether or not specific products listed herein
> comply with Federal Information Processing Standards (FIPS) or Federal
> Telecommunication Standards (FED-STDS), which are cited by ordering
> activities, shall be responded to promptly by the Contractor.
>
> 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS
> PUBS): Information Technology products under this Schedule that do not
> conform to Federal Information Processing Standards (FIPS) should not
> be acquired unless a waiver has been granted in accordance with the
> applicable \"FIPS Publication.\" Federal Information Processing
> Standards Publications (FIPS PUBS) are issued by the U.S. Department
> of
>
> Commerce, National Institute of Standards and Technology (NIST),
> pursuant to National Security Act. Information concerning their
> availability and applicability should be obtained from the National
> Technical Information Service (NTIS), 5285 Port Royal Road,
> Springfield, Virginia 22161. FIPS PUBS include voluntary standards
> when these are adopted for Federal use. Individual orders for FIPS
> PUBS should be referred to the NTIS Sales Office, and orders for
> subscription service should be referred to the NTIS Subscription
> Officer, both at the above address, or telephone number (703)
> 487-4650.
>
> 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication
> products under this Schedule that do not conform to Federal
> Telecommunication Standards (FED-STDS) should not be acquired unless a
> waiver has been granted in accordance with the applicable \"FED-STD.\"
> Federal Telecommunication Standards are issued by the U.S. Department
> of Commerce, National Institute of Standards and Technology (NIST),
> pursuant to National Security Act. Ordering information and
> information concerning the availability of FED-STDS should be obtained
> from the GSA, Federal Supply Service, Specification Section, 470 East
> L'Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number
> (202)619-8925. Please include a self-addressed mailing label when
> requesting information by mail. Information concerning their
> applicability can be obtained by writing or calling the U.S.
> Department of Commerce, National Institute of Standards and
> Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.
>
> 14\. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001)

\(a\) Security Clearances: The Contractor may be required to
obtain/possess varying levels of security clearances in the performance
of orders issued under this contract. All costs associated with
obtaining/possessing such security clearances should be factored into
the price offered under the Multiple Award Schedule.

\(b\) Travel: The Contractor may be required to travel in performance of
orders issued under this contract. Allowable travel and per diem charges
are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by
the ordering agency or can be priced as a fixed price item on orders
placed under the Multiple Award Schedule. The Industrial Funding Fee
does NOT apply to travel and per diem charges.

\(c\) Certifications, Licenses and Accreditations: As a commercial
practice, the Contractor may be required to obtain/possess any variety
of certifications, licenses and accreditations for specific FSC/service
code classifications offered. All costs associated with obtaining/
possessing such certifications, licenses and accreditations should be
factored into the price offered under the Multiple Award Schedule
program.

\(d\) Insurance: As a commercial practice, the Contractor may be
required to obtain/possess insurance coverage for specific FSC/service
code classifications offered. All costs associated with
obtaining/possessing such insurance should be factored into the price
offered under the Multiple Award Schedule program.

\(e\) Personnel: The Contractor may be required to provide key
personnel, resumes or skill category descriptions in the performance of
orders issued under this contract. Ordering activities may require
agency approval of additions or replacements to key personnel.

\(f\) Organizational Conflicts of Interest: Where there may be an
organizational conflict of interest as determined by the ordering
agency, the Contractor's participation in such order may be restricted
in accordance with FAR Part 9.5.

\(g\) Documentation/Standards: The Contractor may be requested to
provide products or services in accordance with rules, regulations, OMB
orders, standards and documentation as specified by the agency's order.

\(h\) Data/Deliverable Requirements: Any required data/deliverables at
the ordering level will be as specified or negotiated in the agency's
order.

\(i\) Government-Furnished Property: As specified by the agency's order,
the Government may provide property, equipment, materials or resources
as necessary.

> \(j\) Availability of Funds: Many Government agencies' operating funds
> are appropriated for a specific fiscal year. Funds may not be
> presently available for any orders placed under the contract or any
> option year. The Government's obligation on orders placed under this
> contract is contingent upon the availability of appropriated funds
> from which payment for ordering purposes can be made. No legal
> liability on the part of the Government for any payment may arise
> until funds are available to the ordering Contracting Officer.
>
> 15\. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering
> activity, with respect to any one or more delivery orders placed by it
> under this contract, may exercise the same rights of termination as
> might the GSA Contracting Officer under provisions of FAR 52.212-4,
> paragraphs (l) Termination for the ordering activity's convenience,
> and (m) Termination for Cause (See C.1.)
>
> 16\. GSA Advantage!
>
> GSA Advantage! is an on-line, interactive electronic information and
> ordering system that provides on-line access to vendors\' schedule
> prices with ordering information. GSA Advantage! will allow the user
> to perform various searches across all contracts including, but not
> limited to:
>
> \(1\) Manufacturer;\
> (2) Manufacturer\'s Part Number; and\
> (3) Product categories.
>
> Agencies can browse GSA Advantage! by accessing the Internet World
> Wide Web utilizing a browser (ex.: NetScape). The Internet address is
> http://www.fss.gsa.gov/.
>
> 17\. PURCHASE OF OPEN MARKET ITEMS
>
> NOTE: Open Market Items are also known as incidental items,
> noncontract items, non-Schedule items, and items not on a Federal
> Supply Schedule contract.
>
> For administrative convenience, an ordering activity contracting
> officer may add items not on the Federal Supply Multiple Award
> Schedule (MAS) \-- referred to as open market items \-- to a Federal
> Supply Schedule blanket purchase agreement (BPA) or an individual task
> or delivery order, **only if**-
>
> \(1\) All applicable acquisition regulations pertaining to the
> purchase of the items not on the Federal Supply Schedule have been
> followed (e.g., publicizing (Part 5), competition requirements (Part
> 6), acquisition of commercial items (Part 12), contracting methods
> (Parts 13, 14, and 15), and small business programs (Part 19));
>
> \(2\) The ordering activity contracting officer has determined the
> price for the items not on the Federal Supply Schedule is fair and
> reasonable;
>
> \(3\) The items are clearly labeled on the order as items not on the
> Federal Supply Schedule; and
>
> \(4\) All clauses applicable to items not on the Federal Supply
> Schedule are included in the order.
>
> 18\. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
>
> a\. For the purpose of this contract, commitments, warranties and
> representations include, in addition to those agreed to for the entire
> schedule contract:
>
> \(1\) Time of delivery/installation quotations for individual orders;
>
> \(2\) Technical representations and/or warranties of products
> concerning performance, total system performance and/or configuration,
> physical, design and/or functional characteristics and capabilities of
> a product/equipment/ service/software package submitted in response to
> requirements which result in orders under this schedule contract.
>
> \(3\) Any representations and/or warranties concerning the products
> made in any literature, description, drawings and/or specifications
> furnished by the Contractor.
>
> b\. The above is not intended to encompass items not currently covered
> by the GSA Schedule contract.
>
> 19\. OVERSEAS ACTIVITIES
>
> The terms and conditions of this contract shall apply to all orders
> for installation, maintenance and repair of equipment in areas listed
> in the pricelist outside the 48 contiguous states and the District of
> Columbia, except as indicated below:
>
> [NONE\
> ]{.underline}
>
> Upon request of the Contractor, the ordering activity may provide the
> Contractor with logistics support, as available, in accordance with
> all applicable ordering activity regulations. Such ordering activity
> support will be provided on a reimbursable basis, and will only be
> provided to the Contractor\'s technical personnel whose services are
> exclusively required for the fulfillment of the terms and conditions
> of this contract.
>
> 20\. BLANKET PURCHASE AGREEMENTS (BPAs)
>
> Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket
> Purchase Agreements (BPAs) as "...a simplified method of filling
> anticipated repetitive needs for supplies or services by establishing
> 'charge accounts' with qualified sources of supply." The use of
> Blanket Purchase Agreements under the Federal Supply Schedule Program
> is authorized in accordance with FAR 13.303-2(c)(3), which reads, in
> part, as follows:
>
> "BPAs may be established with Federal Supply Schedule Contractors, if
> not inconsistent with the terms of the applicable schedule contract."
>
> Federal Supply Schedule contracts contain BPA provisions to enable
> schedule users to maximize their administrative and purchasing
> savings. This feature permits schedule users to set up "accounts" with
> Schedule Contractors to fill recurring requirements. These accounts
> establish a period for the BPA and generally address issues such as
> the frequency of ordering and invoicing, authorized callers,
> discounts, delivery locations and times. Agencies may qualify for the
> best quantity/volume discounts available under the contract, based on
> the potential volume of business that may be generated through such an
> agreement, regardless of the size of the individual orders. In
> addition, agencies may be able to secure a discount higher than that
> available in the contract based on the aggregate volume of business
> possible under a BPA. Finally, Contractors may be open to a
> progressive type of discounting where the discount would increase once
> the sales accumulated under the BPA reach certain prescribed levels.
> Use of a BPA may be particularly useful with the new Maximum Order
> feature. See the Suggested Format, contained in this Schedule
> Pricelist, for customers to consider when using this purchasing tool.
>
> **21. CONTRACTOR TEAM ARRANGEMENTS**

Contractors participating in contractor team arrangements must abide by
all terms and conditions of their respective contracts. This includes
compliance with Clauses 552.238-74, Contractor's Reports of Sales and
552.238-76, Industrial Funding Fee, i.e., each contractor (team member)
must report sales and remit the IFF for all products and services
provided under its individual contract.

22. **INSTALLATION, DEINSTALLATION, REINSTALLATION**

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in
excess of \$2,000 to which the United States or the District of Columbia
is a party for construction, alteration, or repair (including painting
and decorating) of public buildings or public works with the United
States, shall contain a clause that no laborer or mechanic employed
directly upon the site of the work shall received less than the
prevailing wage rates as determined by the Secretary of Labor. The
requirements of the Davis-Bacon Act do not apply if the construction
work is incidental to the furnishing of supplies, equipment, or
services. For example, the requirements do not apply to simple
installation or alteration of a public building or public work that is
incidental to furnishing supplies or equipment under a supply contract.
However, if the construction, alteration or repair is segregable and
exceeds \$2,000, then the requirements of the Davis-Bacon Act applies.

The ordering activity issuing the task order against this contract will
be responsible for proper administration and enforcement of the Federal
labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon
wage determination will be issued by the ordering activity at the time a
request for quotations is made for applicable construction classified
installation, deinstallation, and reinstallation services under SIN
132-8.

**23. SECTION 508 COMPLIANCE.**

If applicable, Section 508 compliance information on the supplies and
services in this contract are available in Electronic and Information
Technology (EIT) at the following:

[www.abccomp.com](http://www.abccomp.com/)

The EIT standard can be found at:
[www.Section508.gov/](http://www.Section508.gov/).

**24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.**

Prime Contractors (on cost reimbursement contracts) placing orders under
Federal Supply Schedules, on behalf of an ordering activity, shall
follow the terms of the applicable schedule and authorization and
include with each order --

> \(a\) A copy of the authorization from the ordering activity with whom
> the contractor has the prime contract (unless a copy was previously
> furnished to the Federal Supply Schedule contractor); and
>
> \(b\) The following statement:
>
> This order is placed under written authorization from \_\_\_\_\_\_\_
> dated \_\_\_\_\_\_\_. In the event of any inconsistency between the
> terms and conditions of this order and those of your Federal Supply
> Schedule contract, the latter will govern.

25\. INSURANCE---WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR
52.228-5)

\(a\) The Contractor shall, at its own expense, provide and maintain
during the entire performance of this contract, at least the kinds and
minimum amounts of insurance required in the Schedule or elsewhere in
the contract.

\(b\) Before commencing work under this contract, the Contractor shall
notify the Contracting Officer in writing that the required insurance
has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any
material change adversely affecting the Government\'s interest shall not
be effective---

> \(1\) For such period as the laws of the State in which this contract
> is to be performed prescribe; or
>
> \(2\) Until 30 days after the insurer or the Contractor gives written
> notice to the Contracting Officer, whichever period is longer.

\(c\) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract that
require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the
Schedule or elsewhere in the contract. The Contractor shall maintain a
copy of all subcontractors\' proofs of required insurance, and shall
make copies available to the Contracting Officer upon request.

### TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (SPECIAL ITEM NUMBER 132-8)

> 1\. MATERIAL AND WORKMANSHIP
>
> All equipment furnished hereunder must satisfactorily perform the
> function for which it is intended.
>
> 2\. ORDER
>
> Written orders, EDI orders (GSA Advantage! and FACNET), credit card
> orders, and orders placed under blanket purchase agreements (BPA)
> agreements shall be the basis for purchase in accordance with the
> provisions of this contract. If time of delivery extends beyond the
> expiration date of the contract, the Contractor will be obligated to
> meet the delivery and installation date specified in the original
> order.
>
> For credit card orders and BPAs, telephone orders are permissible.
>
> 3\. TRANSPORTATION OF EQUIPMENT
>
> FOB DESTINATION. Prices cover equipment delivery to destination, for
> any location within the geographic scope of this contract.
>
> 4\. INSTALLATION AND TECHNICAL SERVICES
>
> a\. INSTALLATION. When the equipment provided under this contract is
> not normally self-installable, the Contractor\'s technical personnel
> shall be available to the ordering activity, at the ordering
> activity\'s location, to install the equipment and to train ordering
> activity personnel in the use and maintenance of the equipment. The
> charges, if any, for such services are listed below, or in the price
> schedule:
>
> [All items are sel installable.\
> \
> ]{.underline}

\*\*NOTE: CONTRACTORS SHOULD PROVIDE COMMERCIAL PRACTICES FOR
INSTALLATION/DEINSTALLATION/REINSTALLATION FOR REVIEW AND POSSIBLE
INCLUSION IN THE CONTRACT.\*\*

b.  **INSTALLATION, DEINSTALLATION, REINSTALLATION.** The Davis-Bacon
    Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of
    \$2,000 to which the United States or the District of Columbia is a
    party for construction, alteration, or repair (including painting
    and decorating) of public buildings or public works with the United
    States, shall contain a clause that no laborer or mechanic employed
    directly upon the site of the work shall received less than the
    prevailing wage rates as determined by the Secretary of Labor. The
    requirements of the Davis-Bacon Act do not apply if the construction
    work is incidental to the furnishing of supplies, equipment, or
    services. For example, the requirements do not apply to simple
    installation or alteration of a public building or public work that
    is incidental to furnishing supplies or equipment under a supply
    contract. However, if the construction, alteration or repair is
    segregable and exceeds \$2,000, then the requirements of the
    Davis-Bacon Act applies.

The ordering activity issuing the task order against this contract will
be responsible for proper administration and enforcement of the Federal
labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon
wage determination will be issued by the ordering activity at the time a
request for quotations is made for applicable construction classified
installation, deinstallation, and reinstallation services under SIN
132-8.

> c\. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish
> the ordering activity with one (1) copy of all operating and
> maintenance manuals which are normally provided with the equipment
> being purchased.
>
> 5\. INSPECTION/ACCEPTANCE
>
> The Contractor shall only tender for acceptance those items that
> conform to the requirements of this contract. The ordering activity
> reserves the right to inspect or test any equipment that has been
> tendered for acceptance. The ordering activity may require repair or
> replacement of nonconforming equipment at no increase in contract
> price. The ordering activity must exercise its postacceptance rights
> (1) within a reasonable time after the defect was discovered or should
> have been discovered; and (2) before any substantial change occurs in
> the condition of the item, unless the change is due to the defect in
> the item.
>
> 6\. WARRANTY
>
> a\. Unless specified otherwise in this contract, the Contractor's
> standard commercial warranty as stated in the contract's commercial
> pricelist will apply to this contract.
>
> b\. The Contractor warrants and implies that the items delivered
> hereunder are merchantable and fit for use for the particular purpose
> described in this contract.
>
> c\. Limitation of Liability. Except as otherwise provided by an
> express or implied warranty, the Contractor will not be liable to the
> ordering activity for consequential damages resulting from any defect
> or deficiencies in accepted items.
>
> d\. If inspection and repair of defective equipment under this
> warranty will be performed at the Contractor\'s plant, the address is
> as follows: [123 Drive, Anywhere, USA 12345]{.underline}
>
> 7\. PURCHASE PRICE FOR ORDERED EQUIPMENT
>
> The purchase price that the ordering activity will be charged will be
> the ordering activity purchase price in effect at the time of order
> placement, or the ordering activity purchase price in effect on the
> installation date (or delivery date when installation is not
> applicable), whichever is less.
>
> 8\. RESPONSIBILITIES OF THE CONTRACTOR
>
> The Contractor shall comply with all laws, ordinances, and regulations
> (Federal, State, City or otherwise) covering work of this character,
> and shall include all costs, if any, of such compliance in the prices
> quoted in this offer.
>
> 9\. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT
>
> When an ordering activity determines that Information Technology
> equipment will be replaced, the ordering activity shall follow the
> contracting policies and procedures in the Federal Acquisition
> Regulation (FAR), the policies and procedures regarding disposition of
> information technology excess personal property in the Federal
> Property Management Regulations (FPMR) (41 CFR 101-43.6), and the
> policies and procedures on exchange/sale contained in the FPMR (41 CFR
> part 101-46).

### TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12)

> 1\. SERVICE AREAS
>
> a\. The maintenance and repair service rates listed herein are
> applicable to any ordering activity location within a
> [250]{.underline} mile radius of the Contractor\'s service points. If
> any additional charge is to apply because of the greater distance from
> the Contractor\'s service locations, the mileage rate or other
> distance factor shall be stated in paragraphs 7.d and 8.d of this
> Special Item Number 132-12.
>
> b\. When repair services cannot be performed at the ordering activity
> installation site, the repair services will be performed at the
> Contractor\'s plant(s) listed below:
>
> [123 Drive, Anywhere, USA 12345\
> \
> ]{.underline}
>
> 2\. MAINTENANCE ORDER
>
> a\. Agencies may use written orders, EDI orders, credit card orders,
> or BPAs, for ordering maintenance under this contract. The Contractor
> shall confirm orders within fifteen (15) calendar days from the date
> of receipt, except that confirmation of orders shall be considered
> automatic for renewals for maintenance (Special Item Number 132-12).
> Automatic acceptance of order renewals for maintenance service shall
> apply for machines which may have been discontinued from use for
> temporary periods of time not longer than 120 calendar days. If the
> order is not confirmed by the Contractor as prescribed by this
> paragraph, the order shall be considered to be confirmed by the
> Contractor.
>
> b\. The Contractor shall honor orders for maintenance for the duration
> of the contract period or a lessor period of time, for the equipment
> shown in the pricelist. Maintenance service shall commence on a
> mutually agreed upon date, which will be written into the maintenance
> order. Maintenance orders shall not be made effective before the
> expiration of any applicable maintenance and parts guarantee/warranty
> period associated with the purchase of equipment. Orders for
> maintenance service shall not extend beyond the end of the contract
> period.
>
> c\. Maintenance may be discontinued by the ordering activity on thirty
> (30) calendar days written notice, or shorter notice when agreed to by
> the Contractor; such notice to become effective thirty (30) calendar
> days from the date on the notification. However, the ordering activity
> may extend the original discontinuance date upon written notice to the
> Contractor, provided that such notice is furnished at least ten (10)
> calendar days prior to the original discontinuance date.
>
> d\. Annual Funding. When annually appropriated funds are cited on a
> maintenance order, the period of maintenance shall automatically
> expire on September 30th of the contract period, or at the end of the
> contract period, whichever occurs first. Renewal of a maintenance
> order citing the new appropriation shall be required, if maintenance
> is to continue during any remainder of the contract period.
>
> e\. Cross-year Funding Within Contract Period. Where an ordering
> activity\'s specific appropriation authority provides for funds in
> excess of a 12 month, fiscal year period, the ordering activity may
> place an order under this schedule contract for a period up to the
> expiration of the contract period, notwithstanding the intervening
> fiscal years.
>
> f\. Ordering activities should notify the Contractor in writing thirty
> (30) calendar days prior to the expiration of maintenance service, if
> maintenance is to be terminated at that time. Orders for continued
> maintenance will be required if maintenance is to be continued during
> the subsequent period.
>
> 3\. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS
>
> a\. Agencies may use written orders, EDI orders, credit card orders,
> blanket purchase agreements (BPAs), or small order procedures for
> ordering repair service and/or repair parts/spare parts under this
> contract. Orders for repair service shall not extend beyond the end of
> the contract period.
>
> b\. When repair service is ordered, only one chargeable repairman
> shall be dispatched to perform repair service, unless the ordering
> activity agrees, in advance, that additional repair personnel are
> required to effect repairs.
>
> 4\. LOSS OR DAMAGE
>
> When the Contractor removes equipment to his establishment for
> repairs, the Contractor shall be responsible for any damage or loss,
> from the time the equipment is removed from the ordering activity
> installation, until the equipment is returned to such installation.
>
> 5\. SCOPE
>
> a\. The Contractor shall provide maintenance for all equipment listed
> herein, as requested by the ordering activity during the contract
> term. Repair service and repair parts/spare parts shall apply
> exclusively to the equipment types/models within the scope of this
> Information Technology Schedule.
>
> b\. Equipment placed under maintenance service shall be in good
> operating condition.
>
> \(1\) In order to determine that the equipment is in good operating
> condition, the equipment shall be subject to inspection by the
> Contractor, without charge to the ordering activity.
>
> \(2\) Costs of any repairs performed for the purpose of placing the
> equipment in good operating condition shall be borne by the
> Contractor, if the equipment was under the Contractor\'s
> guarantee/warranty or maintenance responsibility prior to the
> effective date of the maintenance order.
>
> \(3\) If the equipment was not under the Contractor\'s responsibility,
> the costs necessary to place the equipment in proper operating
> condition are to be borne by the ordering activity, in accordance with
> the provisions of Special Item Number 132-12 (or outside the scope of
> this contract).
>
> 6\. RESPONSIBILITIES OF THE ORDERING ACTIVITY
>
> a\. Ordering activity personnel shall not perform maintenance or
> attempt repairs to equipment while such equipment is under the purview
> of a maintenance order, unless agreed to by the Contractor.
>
> b\. Subject to security regulations, the ordering activity shall
> permit access to the equipment which is to be maintained or repaired.
>
> 7\. RESPONSIBILITIES OF THE CONTRACTOR
>
> For equipment not covered by a maintenance contract or warranty, the
> Contractor\'s repair service personnel shall complete repairs as soon
> as possible after notification by the ordering activity that service
> is required. Within the service areas, this repair service should
> normally be done within 4 hours after notification.
>
> 8\. MAINTENANCE RATE PROVISIONS
>
> a\. The Contractor shall bear all costs of maintenance, including
> labor, parts, and such other expenses as are necessary to keep the
> equipment in good operating condition, provided that the required
> repairs are not occasioned by fault or negligence of the ordering
> activity.
>
> b\. REGULAR HOURS
>
> The basic monthly rate for each make and model of equipment shall
> entitle the ordering activity to maintenance service during a mutually
> agreed upon nine (9) hour principal period of maintenance, Monday
> through Friday, exclusive of holidays observed at the ordering
> activity location.
>
> c\. AFTER HOURS
>
> Should the ordering activity require that maintenance be performed
> outside of Regular Hours, charges for such maintenance, if any, will
> be specified in the pricelist. Periods of less than one hour will be
> prorated to the nearest quarter hour.
>
> d\. TRAVEL AND TRANSPORTATION
>
> If any charge is to apply, over and above the regular maintenance
> rates, because of the distance between the ordering activity location
> and the Contractor\'s service area, the charge will be:
>
> [None\
> ]{.underline}
>
> e\. QUANTITY DISCOUNTS
>
> Quantity discounts from listed maintenance service rates for multiple
> equipment owned and/or leased by a ordering activity are indicated
> below:
>
> Quantity Range Discounts
>
> \_\_\_\_\_\_\_\_ Units \_\_\_\_\_\_\_\_%\
> \_\_\_\_\_\_\_\_ Units \_\_\_\_\_\_\_\_%\
> \_\_\_\_\_\_\_\_ Units \_\_\_\_\_\_\_\_%
>
> 9\. REPAIR SERVICE RATE PROVISIONS
>
> a\. CHARGES. Charges for repair service will include the labor charge,
> computed at the rates set forth below, for the time during which
> repairmen are actually engaged in work, and, when applicable, the
> charge for travel or transportation.
>
> b\. MULTIPLE MACHINES. When repairs are ordered by a ordering activity
> on two or more machines located in one or more buildings within
> walking distance of each other, the charges will be computed from the
> time the repairman commences work on the first machine, until the work
> is completed on the last machine. The time required to go from one
> machine to another, or from one building to another, will be
> considered actual work performance, and chargeable to the ordering
> activity, provided the time consumed in going between machines (or
> buildings) is reasonable.
>
> c\. TRAVEL OR TRANSPORTATION
>
> \(1\) AT THE CONTRACTOR\'S SHOP
>
> \(a\) When equipment is returned to the Contractor\'s shop for
> adjustments or repairs which are not covered by the guarantee/warranty
> provision, the cost of transportation, packing, etc., from the
> ordering activity location to the Contractor\'s plant, and return to
> the ordering activity location, shall be borne by the ordering
> activity.
>
> \(b\) The ordering activity should not return defective equipment to
> the Contractor for adjustments and repairs or replacement without his
> prior consultation and instruction.
>
> \(2\) AT THE ORDERING ACTIVITY LOCATION (Within Established Service
> Areas)
>
> When equipment is repaired at the ordering activity location, and
> repair service rates are established for service areas or zones, the
> listed rates are applicable to any ordering activity location within
> such service areas or zones. No extra charge, time, or expense will be
> allowed for travel or transportation of repairmen or machines to or
> from the ordering activity office; such overhead is included in the
> repair service rates listed.
>
> \(3\) AT THE ORDERING ACTIVITY LOCATION (Outside Established Service
> Areas)
>
> \(a\) The repair service rates listed for subparagraph (2) above
> apply, except that a travel charge of \_\_\_\_\_ per mile for
> repairmen will apply to the round-trip distance between the geographic
> limits of the applicable service area and the ordering activity
> location. Such charge will apply as an additional charge, but it will
> be limited to one round trip for each request that is made by the
> ordering activity for repair service, regardless of whether repairs
> are performed at the ordering activity location or at the
> Contractor\'s shop.
>
> \(b\) When the overall travel charge computed at the above mileage
> rate is unreasonable (considering the time required for travel, actual
> and necessary transportation costs, and the allowable ordering
> activity per diem rate for each night the repairman is required to
> remain overnight at the ordering activity location), the ordering
> activity shall have the option of reimbursing the Contractor for
> actual costs, provided that the actual costs are reasonable and
> allowable. The Contractor shall furnish the ordering activity with a
> report of travel performed and related expenses incurred. The report
> shall include departure and arrival dates, times, and the applicable
> mode of travel.
>
> d\. LABOR RATES
>
> \(1\) REGULAR HOURS
>
> The Regular Hours repair service rates listed herein shall entitle the
> ordering activity to repair service during the period 8:00 a.m. to
> 5:00 p.m., Monday through Friday, exclusive of holidays observed at
> the ordering activity location. There shall be no additional charge
> for repair service which was requested during Regular Hours, but
> performed outside the Regular Hours defined above, at the convenience
> of the Contractor.
>
> \(2\) AFTER HOURS
>
> When the ordering activity requires that repair service be performed
> outside the Regular Hours defined above, except Sundays and Holidays
> observed at the ordering activity location, the After Hours repair
> service rates listed herein shall apply. The Regular Hours rates
> defined above shall apply when repair service is requested during
> Regular Hours, but performed After Hours at the convenience of the
> Contractor.
>
> \(3\) SUNDAYS AND HOLIDAYS
>
> When the ordering activity requires that repair service be performed
> on Sundays and Holidays observed at the ordering activity location,
> the Sundays and Holidays repair service rates listed herein shall
> apply. When repair service is requested to be performed during Regular
> Hours and/or After Hours, but is performed at the convenience of the
> Contractor on Sundays or Holidays observed at the ordering activity
> location, the Regular Hours and/or After Hours repair service rates,
> as applicable, shall apply.
>
> REPAIR SERVICE RATES
>
> REGULAR AFTER SUNDAYS AND\
> MINIMUM HOURS HOURS HOLIDAYS\
> LOCATION CHARGE\* PER HOUR\*\* PER HOUR\*\* PER HOUR
>
> CONTRACTOR\'S SHOP \_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> ORDERING ACTIVITY LOCATION\
> (WITHIN ESTABLISHED\
> SERVICE AREAS) \_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> ORDERING ACTIVITY LOCATION\
> (OUTSIDE ESTABLISHED\
> SERVICE AREAS) \_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> \*MINIMUM CHARGES INCLUDE \_\_\_ FULL HOURS ON THE JOB.
>
> \*\*FRACTIONAL HOURS, AT THE END OF THE JOB, WILL BE PRORATED TO THE
> NEAREST QUARTER HOUR.
>
> 10\. REPAIR PARTS/SPARE PARTS RATE PROVISIONS
>
> All parts, furnished as spares or as repair parts in connection with
> the repair of equipment, unless otherwise indicated in this pricelist,
> shall be new, standard parts manufactured by the equipment
> manufacturer. All parts shall be furnished at prices indicated in the
> Contractor\'s commercial pricelist dated [9/99/9999]{.underline}, at a
> discount of [XX]{.underline}% from such listed prices.
>
> 11\. GUARANTEE/WARRANTY---REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS
>
> a\. REPAIR SERVICE
>
> All repair work will be guaranteed/warranted for a period of [XX
> Days]{.underline}.
>
> b\. REPAIR PARTS/SPARE PARTS
>
> All parts, furnished either as spares or repairs parts will be
> guaranteed/warranted for a period [XX Days]{.underline}.
>
> 12\. INVOICES AND PAYMENTS
>
> a\. Maintenance Service
>
> \(1\) Invoices for maintenance service shall be submitted by the
> Contractor on a quarterly or monthly basis, after the completion of
> such period. Maintenance charges must be paid in arrears (31 U.S.C.
> 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE
> INVOICE.
>
> \(2\) Payment for maintenance service of less than one month\'s
> duration shall be prorated at 1/30th of the monthly rate for each
> calendar day.
>
> b\. Repair Service and Repair Parts/Spare Parts
>
> Invoices for repair service and parts shall be submitted by the
> Contractor as soon as possible after completion of work. Payment under
> blanket purchase agreements will be made quarterly or monthly, except
> where cash payment procedures are used. Invoices shall be submitted
> separately to each ordering activity office ordering services under
> the contract. The cost of repair parts shall be shown as a separate
> item on the invoice, and shall be priced in accordance with paragraph
> #10, above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON
> THE INVOICE.

### TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) 

> 1\. SCOPE
>
> a\. The prices, terms and conditions stated under Special Item Number
> 132-51 Information Technology Professional Services apply exclusively
> to IT Services within the scope of this Information Technology
> Schedule.
>
> b\. The Contractor shall provide services at the Contractor's facility
> and/or at the ordering activity location, as agreed to by the
> Contractor and the ordering activity.
>
> 2\. PERFORMANCE INCENTIVES
>
> a\. Performance incentives may be agreed upon between the Contractor
> and the ordering activity on individual fixed price orders or Blanket
> Purchase Agreements under this contract in accordance with this
> clause.
>
> b\. The ordering activity must establish a maximum performance
> incentive price for these services and/or total solutions on
> individual orders or Blanket Purchase Agreements.
>
> c\. Incentives should be designed to relate results achieved by the
> contractor to specified targets. To the maximum extent practicable,
> ordering activities shall consider establishing incentives where
> performance is critical to the ordering activity's mission and
> incentives are likely to motivate the contractor. Incentives shall be
> based on objectively measurable tasks.
>
> 3\. ORDERING PROCEDURES FOR SERVICES (REQUIRING A STATEMENT OF WORK)\
> (G-FCI-920) (MAR 2003)
>
> FAR 8.402 contemplates that GSA may occasionally find it necessary to
> establish special ordering procedures for individual Federal Supply
> Schedules or for some Special Item Numbers (SINs) within a Schedule.
> GSA has established special ordering procedures for services that
> require a Statement of Work. These special ordering procedures take
> precedence over the procedures in FAR 8.404 (b)(2) through (b)(3).
>
> When ordering services over \$100,000, Department of Defense (DOD)
> ordering offices and non-DOD agencies placing orders on behalf of the
> DOD must follow the policies and procedures in the Defense Federal
> Acquisition Regulation Supplement (DFARS) 208.404-70 -- Additional
> ordering procedures for services. When DFARS 208.404-70 is applicable
> and there is a conflict between the ordering procedures contained in
> this clause and the additional ordering procedures for services in
> DFARS 208.404-70, the DFARS procedures take precedence. GSA has
> determined that the prices for services contained in the contractor's
> price list applicable to this Schedule are fair and reasonable.
> However, the ordering activity using this contract is responsible for
> considering the level of effort and mix of labor proposed to perform a
> specific task being ordered and for making a determination that the
> total firm-fixed price or ceiling price is fair and reasonable.
>
> \(a\) When ordering services, ordering activities shall---
>
> \(1\) Prepare a Request (Request for Quote or other communication
> tool):
>
> \(i\) A statement of work (a performance-based statement of work is
> preferred) that outlines, at a minimum, the work to be performed,
> location of work, period of performance, deliverable schedule,
> applicable standards, acceptance criteria, and any special
> requirements (i.e., security clearances, travel, special knowledge,
> etc.) should be prepared.
>
> \(ii\) The request should include the statement of work and request
> the contractors to submit either a firm-fixed price or a ceiling price
> to provide the services outlined in the statement of work. A
> firm-fixed price order shall be requested, unless the ordering
> activity makes a determination that it is not possible at the time of
> placing the order to estimate accurately the extent or duration of the
> work or to anticipate cost with any reasonable degree of confidence.
> When such a determination is made, a labor hour or time-and-materials
> proposal may be requested. The firm-fixed price shall be based on the
> rates in the schedule contract and shall consider the mix of labor
> categories and level of effort required to perform the services
> described in the statement of work. The firm-fixed price of the order
> should also include any travel costs or other incidental costs related
> to performance of the services ordered, unless the order provides for
> reimbursement of travel costs at the rates provided in the Federal
> Travel or Joint Travel Regulations. A ceiling price must be
> established for labor-hour and time-and-materials orders.
>
> \(iii\) The request may ask the contractors, if necessary or
> appropriate, to submit a project plan for performing the task, and
> information on the contractor's experience and/or past performance
> performing similar tasks.
>
> \(iv\) The request shall notify the contractors what basis will be
> used for selecting the contractor to receive the order. The notice
> shall include the basis for determining whether the contractors are
> technically qualified and provide an explanation regarding the
> intended use of any experience and/or past performance information in
> determining technical qualification of responses. If consideration
> will be limited to schedule contractors who are small business
> concerns as permitted by paragraph (2) below, the request shall notify
> the contractors that will be the case.
>
> \(2\) Transmit the Request to Contractors:
>
> Based upon an initial evaluation of catalogs and price lists, the
> ordering activity should identify the contractors that appear to offer
> the best value (considering the scope of services offered, pricing and
> other factors such as contractors' locations, as appropriate) and
> transmit the request as follows:
>
> NOTE: When buying IT professional services under SIN 132---51 ONLY,
> the ordering office, at its discretion, may limit consideration to
> those schedule contractors that are small business concerns. This
> limitation is not applicable when buying supplies and/or services
> under other SINs as well as SIN 132-51. The limitation may only be
> used when at least three (3) small businesses that appear to offer
> services that will meet the agency's needs are available, if the order
> is estimated to exceed the micro-purchase threshold.
>
> \(i\) The request should be provided to at least three (3) contractors
> if the proposed order is estimated to exceed the micro-purchase
> threshold, but not exceed the maximum order threshold.
>
> \(ii\) For proposed orders exceeding the maximum order threshold, the
> request should be provided to additional contractors that offer
> services that will meet the ordering activity's needs.
>
> \(iii\) In addition, the request shall be provided to any contractor
> who specifically requests a copy of the request for the proposed
> order.
>
> \(iv\) Ordering activities should strive to minimize the contractors'
> costs associated with responding to requests for quotes for specific
> orders. Requests should be tailored to the minimum level necessary for
> adequate evaluation and selection for order placement. Oral
> presentations should be considered, when possible.
>
> \(3\) Evaluate Responses and Select the Contractor to Receive the
> Order:
>
> After responses have been evaluated against the factors identified in
> the request, the order should be placed with the schedule contractor
> that represents the best value. (See FAR 8.404)
>
> \(b\) The establishment of Federal Supply Schedule Blanket Purchase
> Agreements (BPAs) for recurring services is permitted when the
> procedures outlined herein are followed. All BPAs for services must
> define the services that may be ordered under the BPA, along with
> delivery or performance time frames, billing procedures, etc. The
> potential volume of orders under BPAs, regardless of the size of
> individual orders, may offer the ordering activity the opportunity to
> secure volume discounts. When establishing BPAs, ordering activities
> shall---
>
> \(1\) Inform contractors in the request (based on the ordering
> activity's requirement) if a single BPA or multiple BPAs will be
> established, and indicate the basis that will be used for selecting
> the contractors to be awarded the BPAs.
>
> \(i\) SINGLE BPA: Generally, a single BPA should be established when
> the ordering activity can define the tasks to be ordered under the BPA
> and establish a firm-fixed price or ceiling price for individual tasks
> or services to be ordered. When this occurs, authorized users may
> place the order directly under the established BPA when the need for
> service arises. The schedule contractor that represents the best value
> should be awarded the BPA. (See FAR 8.404)
>
> \(ii\) MULTIPLE BPAs: When the ordering activity determines multiple
> BPAs are needed to meet its requirements, the ordering activity should
> determine which contractors can meet any technical qualifications
> before establishing the BPAs. When establishing the BPAs, the
> procedures in (a)(2) above must be followed. The procedures at (a)(2)
> do not apply to orders issued under multiple BPAs. Authorized users
> must transmit the request for quote for an order to all BPA holders
> and then place the order with the Schedule contractor that represents
> the best value.
>
> \(2\) Review BPAs Periodically: Such reviews shall be conducted at
> least annually. The purpose of the review is to determine whether the
> BPA still represents the best value. (See FAR 8.404)
>
> \(c\) The ordering activity should give preference to small business
> concerns when two or more contractors can provide the services at the
> same firm-fixed price or ceiling price.
>
> \(d\) When the ordering activity's requirement involves both products
> as well as executive, administrative and/or professional, services,
> the ordering activity should total the prices for the products and the
> firm-fixed price for the services and select the contractor that
> represents the best value. (See FAR 8.404)
>
> \(e\) The ordering activity, at a minimum, should document orders by
> identifying the contractor from which the services were purchased, the
> services purchased, and the amount paid. If other than a firm-fixed
> price order is placed, such documentation should include the basis for
> the determination to use a labor-hour or time-and-materials order. For
> ordering activity requirements in excess of the micro-purchase
> threshold, the order file should document the evaluation of Schedule
> contractors' quotes that formed the basis for the selection of the
> contractor that received the order and the rationale for any
> trade-offs made in making the selection.
>
> 4\. ORDER
>
> a\. Agencies may use written orders, EDI orders, blanket purchase
> agreements, individual purchase orders, or task orders for ordering
> services under this contract. Blanket Purchase Agreements shall not
> extend beyond the end of the contract period; all services and
> delivery shall be made and the contract terms and conditions shall
> continue in effect until the completion of the order. Orders for tasks
> which extend beyond the fiscal year for which funds are available
> shall include FAR 52.232-19 Availability of Funds for the Next Fiscal
> Year. The purchase order shall specify the availability of funds and
> the period for which funds are available.
>
> b\. All task orders are subject to the terms and conditions of the
> contract. In the event of conflict between a task order and the
> contract, the contract will take precedence.
>
> 5\. PERFORMANCE OF SERVICES
>
> a\. The Contractor shall commence performance of services on the date
> agreed to by the Contractor and the ordering activity.
>
> b\. The Contractor agrees to render services only during normal
> working hours, unless otherwise agreed to by the Contractor and the
> ordering activity.
>
> c\. The ordering activity should include the criteria for satisfactory
> completion for each task in the Statement of Work or Delivery Order.
> Services shall be completed in a good and workmanlike manner.
>
> d\. Any Contractor travel required in the performance of IT Services
> must comply with the Federal Travel Regulation or Joint Travel
> Regulations, as applicable, in effect on the date(s) the travel is
> performed. Established Federal Government per diem rates will apply to
> all Contractor travel. Contractors cannot use GSA city pair contracts.
>
> 6\. INSPECTION OF SERVICES
>
> The Inspection of Services--Fixed Price (AUG 1996) clause at FAR
> 52.246-4 applies to firm-fixed price orders placed under this
> contract. The Inspection--Time‑and‑Materials and Labor-Hour (JAN 1986)
> clause at FAR 52.246-6 applies to time‑and‑materials and labor‑­hour
> orders placed under this contract.
>
> 7\. RESPONSIBILITIES OF THE CONTRACTOR
>
> The Contractor shall comply with all laws, ordinances, and regulations
> (Federal, State, City, or otherwise) covering work of this character.
> If the end product of a task order is software, then FAR 52.227-14
> Rights in Data -- General, may apply.
>
> 8\. RESPONSIBILITIES OF THE ORDERING ACTIVITY
>
> Subject to security regulations, the ordering activity shall permit
> Contractor access to all facilities necessary to perform the requisite
> IT Services.
>
> 9\. INDEPENDENT CONTRACTOR
>
> All IT Services performed by the Contractor under the terms of this
> contract shall be as an independent Contractor, and not as an agent or
> employee of the ordering activity.
>
> 10\. ORGANIZATIONAL CONFLICTS OF INTEREST
>
> a\. Definitions.
>
> "Contractor" means the person, firm, unincorporated association, joint
> venture, partnership, or corporation that is a party to this contract.
>
> "Contractor and its affiliates" and "Contractor or its affiliates"
> refers to the Contractor, its chief executives, directors, officers,
> subsidiaries, affiliates, subcontractors at any tier, and consultants
> and any joint venture involving the Contractor, any entity into or
> with which the Contractor subsequently merges or affiliates, or any
> other successor or assignee of the Contractor.
>
> An "Organizational conflict of interest" exists when the nature of the
> work to be performed under a proposed ordering activity contract,
> without some restriction on ordering activities by the Contractor and
> its affiliates, may either (i) result in an unfair competitive
> advantage to the Contractor or its affiliates or (ii) impair the
> Contractor's or its affiliates' objectivity in performing contract
> work.
>
> b\. To avoid an organizational or financial conflict of interest and
> to avoid prejudicing the best interests of the ordering activity,
> ordering activities may place restrictions on the Contractors, its
> affiliates, chief executives, directors, subsidiaries and
> subcontractors at any tier when placing orders against schedule
> contracts. Such restrictions shall be consistent with FAR 9.505 and
> shall be designed to avoid, neutralize, or mitigate organizational
> conflicts of interest that might otherwise exist in situations related
> to individual orders placed against the schedule contract. Examples of
> situations, which may require restrictions, are provided at FAR 9.508.
>
> 11 INVOICES
>
> The Contractor, upon completion of the work ordered, shall submit
> invoices for IT services. Progress payments may be authorized by the
> ordering activity on individual orders if appropriate. Progress
> payments shall be based upon completion of defined milestones or
> interim products. Invoices shall be submitted monthly for recurring
> services performed during the preceding month.
>
> 12\. PAYMENTS
>
> For firm-fixed price orders the ordering activity shall pay the
> Contractor, upon submission of proper invoices or vouchers, the prices
> stipulated in this contract for service rendered and accepted.
> Progress payments shall be made only when authorized by the order. For
> time‑and‑materials orders, the Payments under Time‑and‑Materials and
> Labor‑Hour Contracts at FAR 52.232-7 (DEC 2002), Alternate I (APR
> 1984) applies to time‑and‑materials orders placed under this contract.
> For labor‑hour orders, the Payment under Time‑and‑Materials and
> Labor‑Hour Contracts at FAR 52.232-7 (DEC 2002), Alternate II (DEC
> 2002) applies to labor‑hour orders placed under this contract.
>
> 13\. RESUMES
>
> Resumes shall be provided to the GSA Contracting Officer or the user
> ordering activity upon request.
>
> 14\. INCIDENTAL SUPPORT COSTS
>
> Incidental support costs are available outside the scope of this
> contract. The costs will be negotiated separately with the ordering
> activity in accordance with the guidelines set forth in the FAR.
>
> 15\. APPROVAL OF SUBCONTRACTS
>
> The ordering activity may require that the Contractor receive, from
> the ordering activity\'s Contracting Officer, written consent before
> placing any subcontract for furnishing any of the work called for in a
> task order.
>
> 16\. DESCRIPTION OF IT SERVICES AND PRICING
>
> a\. The Contractor shall provide a description of each type of IT
> Service offered under Special Item Numbers 132-51. IT Services should
> be presented in the same manner as the Contractor sells to its
> commercial and other ordering activity customers. If the Contractor is
> proposing hourly rates, a description of all corresponding commercial
> job titles (labor categories) for those individuals who will perform
> the service should be provided.
>
> b\. Pricing for all IT Services shall be in accordance with the
> Contractor's customary commercial practices; e.g., hourly rates,
> monthly rates, term rates, and/or fixed prices.
>
> The following is an example of the manner in which the description of
> a commercial job title should be presented:
>
> EXAMPLE:
>
> Commercial Job Title: System Engineer
>
> Minimum/General Experience: Three (3) years of technical experience
> which applies to systems analysis and design techniques for complex
> computer systems. Requires competence in all phases of systems
> analysis techniques, concepts and methods; also requires knowledge of
> available hardware, system software, input/output devices, structure
> and management practices.
>
> Functional Responsibility: Guides users in formulating requirements,
> advises alternative approaches, conducts feasibility studies.
>
> Minimum Education: Bachelor's Degree in Computer Science

### USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS

PREAMBLE

> (Name of Company) provides commercial products and services to
> ordering activities. We are committed to promoting participation of
> small, small disadvantaged and women-owned small businesses in our
> contracts. We pledge to provide opportunities to the small business
> community through reselling opportunities, mentor-protégé programs,
> joint ventures, teaming arrangements, and subcontracting.

COMMITMENT

> To actively seek and partner with small businesses.
>
> To identify, qualify, mentor and develop small, small disadvantaged
> and women-owned small businesses by purchasing from these businesses
> whenever practical.
>
> To develop and promote company policy initiatives that demonstrate our
> support for awarding contracts and subcontracts to small business
> concerns.
>
> To undertake significant efforts to determine the potential of small,
> small disadvantaged and women-owned small business to supply products
> and services to our company.
>
> To insure procurement opportunities are designed to permit the maximum
> possible participation of small, small disadvantaged, and women-owned
> small businesses.
>
> To attend business opportunity workshops, minority business enterprise
> seminars, trade fairs, procurement conferences, etc., to identify and
> increase small businesses with whom to partner.
>
> To publicize in our marketing publications our interest in meeting
> small businesses that may be interested in subcontracting
> opportunities.
>
> We signify our commitment to work in partnership with small, small
> disadvantaged and women-owned small businesses to promote and increase
> their participation in ordering activity contracts. To accelerate
> potential opportunities please contact **[Mr. Anyone, (555) 555-5555,
> E-mail- mr.anyone@abccomp.com]{.underline}**
>
> BEST VALUE\
> BLANKET PURCHASE AGREEMENT\
> FEDERAL SUPPLY SCHEDULE
>
> (Insert Customer Name)
>
> In the spirit of the Federal Acquisition Streamlining Act [(ordering
> activity)]{.underline} and ([Contractor]{.underline}) enter into a
> cooperative agreement to further reduce the administrative costs of
> acquiring commercial items from the General Services Administration
> (GSA) Federal Supply Schedule Contract(s) [GS-35F-XXXXX]{.underline}.
>
> Federal Supply Schedule contract BPAs eliminate contracting and open
> market costs such as: search for sources; the development of technical
> documents, solicitations and the evaluation of offers. Teaming
> Arrangements are permitted with Federal Supply Schedule Contractors in
> accordance with Federal Acquisition Regulation (FAR) 9.6.
>
> This BPA will further decrease costs, reduce paperwork, and save time
> by eliminating the need for repetitive, individual purchases from the
> schedule contract. The end result is to create a purchasing mechanism
> for the ordering activity that works better and costs less.
>
> Signatures
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Ordering Activity Date Contractor Date
>
> BPA NUMBER\_\_\_\_\_\_\_\_\_\_\_\_\_

(CUSTOMER NAME)\
BLANKET PURCHASE AGREEMENT

> Pursuant to GSA Federal Supply Schedule Contract Number(s)
> [GS-35F-XXXXX]{.underline}, Blanket Purchase Agreements, the
> Contractor agrees to the following terms of a Blanket Purchase
> Agreement (BPA) EXCLUSIVELY WITH (ordering activity):
>
> \(1\) The following contract items can be ordered under this BPA. All
> orders placed against this BPA are subject to the terms and conditions
> of the contract, except as noted below:
>
> > MODEL NUMBER/PART NUMBER \*SPECIAL BPA DISCOUNT/PRICE\
> > \
> > [\
> > ]{.underline} [\
> > ]{.underline}
>
> \(2\) Delivery:
>
> > DESTINATION DELIVERY SCHEDULES / DATES\
> > \
> > [\
> > ]{.underline} [\
> > ]{.underline}
>
> \(3\) The ordering activity estimates, but does not guarantee, that
> the volume of purchases through this agreement will be
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> \(4\) This BPA does not obligate any funds.
>
> \(5\) This BPA expires on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ or at the
> end of the contract period, whichever is earlier.
>
> \(6\) The following office(s) is hereby authorized to place orders
> under this BPA:
>
> > OFFICE POINT OF CONTACT\
> > \
> > [\
> > ]{.underline} [\
> > ]{.underline}
>
> \(7\) Orders will be placed against this BPA via Electronic Data
> Interchange (EDI), FAX, or paper.
>
> \(8\) Unless otherwise agreed to, all deliveries under this BPA must
> be accompanied by delivery tickets or sales slips that must contain
> the following information as a minimum:
>
> \(a\) Name of Contractor;
>
> \(b\) Contract Number;
>
> \(c\) BPA Number;
>
> \(d\) Model Number or National Stock Number (NSN);
>
> \(e\) Purchase Order Number;
>
> \(f\) Date of Purchase;
>
> \(g\) Quantity, Unit Price, and Extension of Each Item (unit prices
> and extensions need not be shown when incompatible with the use of
> automated systems; provided, that the invoice is itemized to show the
> information); and
>
> \(h\) Date of Shipment.
>
> \(9\) The requirements of a proper invoice are specified in the
> Federal Supply Schedule contract. Invoices will be submitted to the
> address specified within the purchase order transmission issued
> against this BPA.
>
> \(10\) The terms and conditions included in this BPA apply to all
> purchases made pursuant to it. In the event of an inconsistency
> between the provisions of this BPA and the Contractor's invoice, the
> provisions of this BPA will take precedence.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

BASIC GUIDELINES FOR USING\
"CONTRACTOR TEAM ARRANGEMENTS"

> Federal Supply Schedule Contractors may use "Contractor Team
> Arrangements" (see FAR 9.6) to provide solutions when responding to a
> ordering activity requirements.
>
> These Team Arrangements can be included under a Blanket Purchase
> Agreement (BPA). BPAs are permitted under all Federal Supply Schedule
> contracts.
>
> Orders under a Team Arrangement are subject to terms and conditions or
> the Federal Supply Schedule Contract.
>
> Participation in a Team Arrangement is limited to Federal Supply
> Schedule Contractors.
>
> Customers should refer to FAR 9.6 for specific details on Team
> Arrangements.
>
> Here is a general outline on how it works:

-   The customer identifies their requirements.

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-   Federal Supply Schedule Contractors may individually meet the
    > customers needs, or -

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-   Federal Supply Schedule Contractors may individually submit a
    > Schedules "Team Solution" to meet the customer's requirement.

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```
-   Customers make a best value selection.

> **\*\*\* Place the pricing pages following this page for the IT
> products, services**
>
> **or software being offered.**
>
> **Dealers or resellers should put each manufacturers' products on**
>
> **separate pages and show these pages in the Table of Contents.**