5 3.3.5 Timely deployment of product and price list changes on BPA holder’s website 100% of the website updates are deployed in accordance with the Milestones/ Deliverables Schedule. Review of BPA holder’s website. 6 3.3.5 Website uptime At least 99% uptime of BPA holder website. Review of BPA holder’s website 7 Website Section 508 compliance BPA holder will maintain 100% Section 508 compliance throughout the performance of the BPA. Review of BPA holder’s website 8 Posting Quarterly Report of Sales BPA holder posting in accordance with . Review of BPA holder’s website 9 Accuracy of information in the required elements of PMR deliverable(s) At least 95% of the information reported in the PMR deliverable(s) is accurate. Review of PMR deliverables.
preferred procurement vehicle for the software and services within. The BPA holder shall establish a process to regularly audit sales to Government buyers, determine where sales outside the FSSI SmartBUY PMO Microsoft BPAs are occurring (i.e., sales leakage), and take commercially reasonable action to direct further sales through the BPAs. Results of these audits will be presented as an agenda item during PMRs. Milestones and Deliverables The BPA holder shall provide the following deliverables listed below in Table 32 Milestones/Deliverables Schedule. The U.S. Government fiscal year quarters are: October – December; January – March; April – June; and July – September. The following abbreviations are used in the table: NLT: No Later Than COR: BPA COR All References to Days: Government work days Table 32 Milestones/Deliverables Schedule No. Milestone/Deliverable Completion Date Deliver To Paragraph Reference 1 Email Notification of Strategic Sourcing Program Funding Fee Payment NLT 15 days following Government approval of the Report of Sales COR 2.10 2 Publicly Releasable Version of BPA and all modifications NLT 10 days after BPA award or modification CO 2.20 3 Kickoff Meeting NLT 20 days after BPA award CO and COR 3.3.1 4 Electronic copies of signed orders NLT 5 days after order award COR 3.3.2
5 Report of Sales Quarterly, by 15th day of January, April, July and October CO and COR 3.3.4 6 Report of Sales (resubmissions) NLT 3 days after Government’s request CO and COR 3.3.4 7 BPA Holder Website (Initial Deployment) NLT 30 days after kickoff meeting COR 3.3.5 8 BPA Holder Website (Updates to BPA and Product and Price Lists) NLT 3 days after BPA modification COR 3.3.5 9 Posting of Report of Sales NLT 5 days after final Government approval BPA holder provided website 3.3.5.6 10 PMR Annually, NLT 30 days after BPA award anniversary CO and COR 3.3.6 11 PMR Slides (Electronic Copies of Annual Presentations) Annually, NLT 7 days prior to the scheduled PMR CO and COR 3.3.6 12 Quote Response Time Within 5 days of RFQ receipt throughout BPA period of performance Ordering activity CO 3.3.7 13 Performance Requirements Summary Reports Quarterly, by 15th day of January, April, July, and October CO and COR 3.3.8
2 Patent or Other Type of Intellectual Property Indemnity – sellers of products or services often provide that in the event of claim or litigation alleging infringement of patent rights asserted by some third party that the seller will indemnify the buyer, provided that the buyer provide notice of the claim or litigation, and that the seller assume control of the litigation and any proposed settlement. Under the authority of 28 USC § 516, only the Attorney General, acting by and through the attorneys of the U.S. Department of Justice, may represent the U.S. Government in litigation. The Patent or other type of intellectual property Indemnity clause remains in effect, but any undertaking to "defend" the Government or any requirement that the seller control litigation and any proposed settlement is to be deleted. 3 General Indemnity – sellers of products or services provide that in the event of any litigation arising from the buyers use of the product or service that the buyer will indemnify the seller's litigation costs and damages (if any). See FAR 52.212-4(u) General Indemnity clauses must be removed from the License Agreement. 4 Arbitration of Disputes – sellers of products or services provide that any disputes with buyer must be resolved through binding arbitration without recourse to litigation in state or federal courts. Federal agencies are not allowed to use binding arbitration unless the head of the agency has promulgated guidance through administrative rulemaking on the use of binding arbitration. See 5 U.S.C. § 575. At Binding Arbitration clauses must be removed from the License Agreement.