 |
Contract
GS-00F-0060M
Terms
& Conditions
Services are provided under the following Corporate Contract
Special Item Numbers:
| C D301: |
IT Facility Operation
and Maintenance Services |
C D302: |
IT Systems Development Services |
C D306: |
IT Systems Analysis Services |
C D307: |
IT Systems Design and Integration
Services |
C D308: |
Programming Services |
C D310: |
IT Backup & Security Services |
C D311: |
IT Data Conversion Services |
C D313: |
Computer Aided Design/Computer Aided
Manufacturing (CAD/CAM) Services |
C D316: |
Telecommunications Network Management
Services |
C D399: |
Other IT and Telecommunications Services
|
| C R499: |
Other Professional Services Management,
Organization and Business Improvement Services (MOBIS) |
INFORMATION FOR ORDERING ACTIVITIES:
| 1. |
Geographic Coverage |
| |
The geographic scope of this contract
is the 48 contiguous states, the District of Columbia,
Alaska, Hawaii, and Puerto Rico. Orders for overseas
work are available on a case-by-case basis. Please
contact Nancy L. Doolin at (703) 918-4335 or via email
at nancy.doolin@ddlomni.com. |
| 2. |
Ordering & Payment Address |
| |
Walcoff & Associates, Inc.
8260 Greensboro Drive, Suite 600
McLean, Virginia 22102 |
Government purchase cards will be acceptable for payments
above the micro-purchase threshold.
3. |
Liability for Injury or Damage |
| The contractor shall
not be liable for any injury to Government personnel
or damage to Government 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: |
Contractor Establishment Code (DUNS) 04-830-1816 |
block 30: |
Type of Contractor C. Large Business |
block 31: |
Woman Owned Small Business – No |
block 34: |
Reserved |
| block 36: |
Contractor’s Taxpayer Identification Number
(TIN): 54-1322088 |
| 4a. |
CAGE Code: 0FFF6 |
4b. |
CCR Registration |
| Walcoff & Associates,
Inc. is registered in the Central Contractor Registration
(CCR) database. |
| 5. |
Delivery FOB Destination |
6. |
Delivery Schedule |
a. |
Time of Delivery: Unless
otherwise agreed to under individual orders, the contractor
shall deliver to destination within the number of
calendar days after receipt of order (ARO), as set
forth below:
|
| Special Item
Number
CD301, CD302, CD306,
CD307, CD308, CD310,
CD311, CD313, CD316,
CD399, & CR999 |
Delivery Time
As agreed between
Walcoff & Agency |
| |
b. |
Urgent Requirements:
When the Federal Supply Schedule contract delivery
period does not meet the bona fide urgent delivery
requirements of an ordering agency, agencies 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
agency, any order(s) placed pursuant to the agreed
upon accelerated delivery time frame shall be delivered
within the shorter delivery time and in accordance
with all the other terms and conditions of the contract.
|
| 7. |
All Discounts
and Prompt Payment Terms |
Prices shown are NET. Basic
discounts have been deducted.
|
| (a) Prompt Payment: None
(b) Quantity: None
(c) Dollar Volume: None
(d) Government Educational Institutions: Same as other
Government Customers
|
8. |
Trade Agreements
Act of 1979, as amended |
| All items are U.S. made
end products as defined in the Trade Agreements Act
of 1979, as amended. |
| 9. |
Statement Concerning
Availability of Export Packaging: N/A |
10. |
Minimum Order
and Credit Card Purchases |
| The minimum dollar value
of orders to be issued is $100.00. All purchases may
be made with a Government Credit Card.
|
| 11. |
Maximum Order:
For orders above the following maximum order thresholds,
GSA suggests that Government agencies should request
an additional price reduction.
|
| SIN |
Description |
Maximum Order |
| C D301 |
IT Facility Operation and Maintenance Services |
$500,000 |
| C D302 |
IT Systems Development Services |
$500,000 |
| C D306 |
IT Systems Analysis Services |
$500,000 |
| C D307 |
IT Systems Design and Integration Services |
$500,000 |
| C D308 |
Programming Services |
$500,000 |
| C D310 |
IT Backup & Security Services |
$500,000 |
| C D311 |
IT Data Conversion Services |
$500,000 |
| C D313 |
Computer Aided Design/Computer Aided Manufacturing
(CAD/CAM) Services |
$500,000 |
| C D316 |
Telecommunications Network Management Services |
$500,000 |
| C D399 |
Other IT and Telecommunications Services |
$500,000 |
| C R499 |
Other Professional Services Management, Organization
and Business Improvement Services (MOBIS) |
$1,000,000 |
12. |
Security Requirements |
In the events security
requirements are necessary, the ordering activities
may incorporate, in their delivery order(s), a security
clause in accordance with current laws, regulations,
and individual agency policy; however, the burden
of administering the security requirements shall be
with the ordering agency.
|
13. |
Contract Administration
for Ordering Offices |
|
Any ordering office,
with respect to any one or more delivery orders placed
by it under this contract, may exercise the rights
of termination as the GSA Contracting Officer under
provisions of FAR 52.212.4, paragraphs (l) Termination
for the Government’s Convenience, and (m) Termination
for Cause. . If any costs are incurred as a result
of the inclusion of security requirements, such costs
will not exceed 10% (10%) or $100,000, of the total
dollar value of the order, whichever is lesser.
|
14. |
GSA ADVANTAGE!™ |
| The 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!TM 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 The
GSA ADVANTAGE!™ by accessing the Internet utilizing
a browser. The Internet address is http://www.fss.gsa.gov.
|
15. |
Purchase of Incidental,
Non-Schedule Items |
|
For administrative convenience,
open market (non-contract) items may be added to a
federal supply schedule Blanket Purchase Agreement
(BPA) or an individual order, provided that the items
are clearly labeled as such on the order, all applicable
regulations have been followed, and price reasonableness
has been determined by the ordering activity for the
open market (non-contract) items.
|
16. |
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; |
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.
|
17. |
Overseas Activities |
| Available
on a case-by-case basis. Please contact Nancy L. Doolin
at (703) 918-4335 or via email at nancy.doolin@ddlomni.com.
|
18. |
Year 2000
Waranty – Commercial Supply Items |
“Year 2000 compliant,”
as used in this part, means, with respect to information
technology, that the information technology accurately
processes date/time data, (including, but not limited
to, calculating, comparing, and sequencing) from,
into, and between the twentieth and twenty-first centuries,
and the years 1999 and 2000 and leap year calculations,
to the extent that other information technology, used
in combination with the information technology being
acquired, properly exchanges date/time data with it. |
a. |
All currently awarded
products that are not Year 2000 compliant must be
deleted from this contract no later than December
31, 1999. |
b. |
Any contract modifications,
adding new items under clause 552.243-72, Modifications
(Multiple Award Schedule), must meet the warranty
requirement in paragraph c, below. |
| c. |
The Contractor warrants
that each hardware, software and firmware product
delivered under this contract shall be able to accurately
process date data (including, but not limited to,
calculating, comparing, and sequencing) from, into,
and between the twentieth and twenty-first centuries,
including leap year calculations, when used in accordance
with the product documentation provided by the Contractor,
provided that all listed or unlisted products (e.g.,
hardware, software, firmware) used in combination
with such listed product properly exchange date data
with it. If the contract requires that specific listed
products must perform as a system in accordance with
the foregoing warranty, then that warranty shall apply
to those listed products as a system. The duration
of this warranty and the remedies available to the
Government for breach of this warranty shall be as
defined in, and subject to, the terms and limitations
of the Contractor’s standard commercial warranty
or warranties contained in this contract, provided
that notwithstanding any provision to the contrary
in such commercial warranty shall include repair or
replacement of any listed product whose non-compliance
is discovered and made known to the Contractor in
writing within ninety (90) days after acceptance.
Nothing in this warranty shall be construed to limit
any rights or remedies the Government may otherwise
have under this contract with respect to defects other
than Year 2000 performance. |
19. |
Blanket Purchase
Agreements (BPAs) |
| Federal
Acquisition Regulation (FAR) 13.201(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 13.202(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 PRICE LIST, for customers to consider
when using this purchasing tool.
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.
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.
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.
|
| 20. |
BPA
Suggested Format (15K PDF) |
21. |
Contractor Team
Arrangements |
| |
Federal Supply Schedule
Contractors may use "Contractor Team Arrangements"
(see FAR 9.6) to provide solutions when responding
to a customer agency requirements. The policy and
procedures outlined in this part will provide more
flexibility and allow innovative acquisition methods
when using the Federal Supply Schedules. See the additional
information regarding Contractor Team Arrangements
in this Schedule PRICE LIST.
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.
|
22. |
Multiple Award
Schedules |
| |
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. |
| |
a. |
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. |
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 offices 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 agency’s needs. In selecting the supply
or service representing the best value, the ordering
office 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 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-- |
1. |
Review additional Schedule Contractors’
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 office 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 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. |
e. |
Price reductions.
In addition to the circumstances outlined in paragraph
c, 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
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 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. |
f. |
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. |
| 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 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 company, 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. |
23. |
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. |
24. |
Performance of
Services |
a. |
The Contractor shall commence
performance of services on the date agreed to by the
Contractor and the ordering office. |
b. |
The Contractor agrees
to render services only during normal working hours,
unless otherwise agreed to by the Contractor and the
ordering office. |
c. |
The Contractor guarantees
the satisfactory completion of the IT/EC Services
performed under the task order and that all contract
personnel utilized in the performance of IT/EC services
under the task order shall have the education, experience,
and expertise as stated in the task order. |
| |
d. |
Any Contractor travel
required in the performance of IT/EC 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. |
25. |
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. |
26. |
Responsibilities
of the Contractor |
| |
The Contractor shall comply
with all laws, ordinances, and regulations (Federal,
State, City, or otherwise) covering work of this character. |
| 27. |
Responsibilities
of the Government |
| |
Subject to security regulations,
the ordering office shall permit Contractor access
to all facilities necessary to perform the requisite
IT/EC Services. |
28. |
Independent Contractor |
| |
All 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 Government. |
29. |
Organizational
Conflict 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 Government contract, without some
restriction on 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 Government, ordering offices 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.
|
| 30. |
Invoices |
| |
The Contractor, upon completion
of the work ordered, shall submit invoices for IT/EC
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. |
| 31. |
Payments |
| |
For firm-fixed price orders
the Government 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 (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. |
| 32. |
Resumes |
| |
Resumes shall be provided
to the-GSA Contracting Officer or the user agency
upon request. |
| 33. |
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. |
| 34. |
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. |
|
 |
|