Terms and Conditions Applicable to Information Technology Professional
Services (Special Item 132-51) And Electronic Commerce Services (Special Item
132-52) for General Purpose Commercial Information Technology
Services
1.
SCOPE
a.
The prices, terms and conditions stated under Special
Item Number 132-51 Information Technology Professional apply exclusively to IT
Services within the scope of this Information Technology
Schedule.
b. Company shall provide services at company's facility
and/or at the Government location, as agreed to by company and the ordering
office.
2.
ORDERING PROCEDURES
a. Procedures for IT professional services priced on GSA
schedule at hourly rates.
(1) 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 IT professional services (SIN 132-51) that are priced on schedule
at hourly rates.
These special ordering procedures which are outlined herein take
precedence over the procedures in FAR 8.404.
(2) The GSA
has determined that the rates for IT professional services contained in this
pricelist are fair and reasonable. However, the
ordering office 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.
(3) When ordering IT professional services ordering offices shall –
(i) Prepare a Request for Quotation:
(A) A performance-based statement of work 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.
(B) A request for
quotation should be prepared which includes the performance-based statement of
work and
requests the contractors 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 office 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
quotation may be requested. The firm-fixed price shall be based on the
hourly 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 material
orders.
(C) The request for quotation may request the contractors, if necessary or
appropriate, submit a project plan for performing the task and information on
the contractor's experience and/or past performance performing similar
tasks.
(D) The request for
quotation shall notify the contractors what basis will be used for selecting
company 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 acceptability of responses. If consideration
will be limited to schedule contractors who are small business concerns as
permitted by paragraph (ii)(A) below, the request for quotations shall notify
the contractors that will be the case.
(ii) Transmit the Request for Quotation to Contractors:
(A) Based upon an
initial evaluation of catalogs and pricelists, the ordering office should
identify the contractors that appear to offer the best value (considering the
scope of services offered, hourly rates and other factors such as contractors'
locations, as appropriate). 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.
(B) The request for
quotation should be to three (3) contractors if the proposed order is estimated
to exceed the micro-purchase threshold, but not to exceed the maximum order
threshold. For
proposed orders exceeding the maximum order threshold, the request for quotation
should be provided to additional contractors that offer services that will meet
the agency's needs.
Ordering offices should strive to minimize the contractors' costs
associated with responding to requests for quotations for specific orders. Requests should be tailored to the minimum
level necessary for adequate evaluation and selection for order
placement.
(iii) Evaluate quotations and select the
contractor to receive the order:
After responses have been evaluated against the factors
identified in the request for quotation, the order should be placed with the
schedule contractor that represents the best value and results in the lowest
overall cost alternative (considering price, special qualifications,
administrative costs, etc.) to meet the Government's needs.
(4) 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 office the opportunity to secure volume discounts. When establishing
BPAs ordering offices shall –
(i)
Inform contractors in the request for quotation (based on the agency'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.
(A) SINGLE BPA: Generally, a single BPA should be established
when the ordering office 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 and results in the
lowest overall cost alternative to meet the agency's needs should be awarded the
BPA.
(B) MULTIPLE BPAs: When the ordering office determines multiple
BPAs are needed to meet its requirements, the ordering office should determine
which contractors can meet any technical qualifications before establishing the
BPAs. When
multiple BPAs are established, the authorized users must follow the procedure in
(3)(ii)(B) above, and then place the order with the schedule contractor that
represents the best value and results in the lowest overall cost alternative to
meet the agency's needs.
(ii) 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 (considering price, special qualifications, etc.) and results in the
lowest overall cost alternative to meet the agency's
needs.
(5) The ordering office 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.
(6) When the ordering office's requirement involves both products as well as
IT professional services, the ordering office should total the prices for the
products and the firm-fixed price for the services and select company that
represents the greatest value in terms of meeting the agency's total needs.
(7) The
ordering office, at a minimum, should document orders by identifying the
contractor the services were purchased from, 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 agency requirements in excess of the
micro-purchase threshold, the order file should document the evaluation of
schedule contractors' quotations 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.
b. Ordering Procedures for other services available on
schedule at fixed prices for specifically defined services or tasks.
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
offices 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 office 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 Government's needs.
(1) Orders
placed at or below the micro-purchase threshold. Ordering offices can place orders at or below
the micro-purchase threshold with any Federal Supply Schedule Contractor.
(2) 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 offices should consider reasonably available
information about the 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 agency's needs. In selecting the
service representing the best value, the ordering office may consider- (i)
special features of the service that are required in effective program
performance and that are not provided by a comparable service; and (ii) past
performance.
(3) 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 office 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 offices shall--
(i)
Review additional Schedule Contractors' catalogs/pricelists or use the
"GSA Advantage!" on-line shopping service;
(ii) 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
(iii) 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 office
determines that it is appropriate.
NOTE:
For orders exceeding the maximum order threshold, company
may:
(A) 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);
(B) Offer the lowest price available under the contract;
or
(C) Decline the order (orders must be returned in accordance with FAR
52.216-19).
(4) 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 offices 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.
(5) Price
reductions. In
addition to the circumstances outlined in paragraph (3), above, there may be
instances when ordering offices will find it advantageous to request a price
reduction. For
example, when the ordering office finds a schedule 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 office 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 agency
for a specific order.
(6) Small
business. For orders exceeding the micro-purchase
threshold, ordering offices should give preference to the items of small
business concerns when two or more items at the same delivered price will
satisfy the requirement.
(7)
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 agency
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 contractor, the ordering office shall include an explanation in the file
as to why the particular brand name, product, or feature is essential to satisfy
the agency's needs.
3.
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.
4.
PERFORMANCE OF SERVICES
a.
Company shall commence performance of services on the date agreed to by
company and the ordering office.
b.
Company agrees to render services only during normal working hours,
unless otherwise agreed to by company and the ordering office.
c. The
Agency 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.
5.
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.
6.
RESPONSIBILITIES OF COMPANY
Company shall comply with all
laws, ordinances, and regulations (Federal, State, City, or otherwise) covering
work of this character.
7.
RESPONSIBILITIES OF THE GOVERNMENT
Subject to security
regulations, the ordering office shall permit Contractor access to all
facilities necessary to perform the requisite IT Services.
8.
INDEPENDENT CONTRACTOR
All IT Services performed by
company under the terms of this contract shall be as an independent Contractor,
and not as an agent or employee of the Government.
9.
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 company.
An "Organizational conflict of
interest" exists when the nature of the work to be performed under a proposed
Government contract, without some restriction on activities by the contractor
and its affiliates, may either (i) result in an unfair competitive advantage to
contractor or its affiliates or (ii) impair 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 Government, ordering offices may place
restrictions on the contractor, 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.
10. INVOICES
Company, upon completion of the work ordered, shall submit
invoices for IT services. Progress payments may be authorized by the
ordering office 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.
11. PAYMENTS
For firm-fixed price orders the Government shall pay
company, 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 (Alternate I (APR 1984)) at
FAR 52.232-7 applies to time-and-materials orders placed under this
contract. For labor-hour orders, the Payment under
Time-and-Materials and Labor-Hour Contracts (FEB 1997) (Alternate II (JAN 1986))
at FAR 52.232-7 applies to labor-hour orders placed under this
contract.
12. RESUMES
Resumes shall be provided to
the GSA Contracting Officer or the user agency upon request.
13. INCIDENTAL SUPPORT COSTS
Incidental support costs are available outside the scope of
this contract.
The costs will be negotiated separately with
the ordering agency in accordance with the guidelines set forth in the
FAR.
14.
APPROVAL OF SUBCONTRACTS. The ordering activity may require that
company 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.
