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Contract GS-35F-4496H

Terms & Conditions

1.

Geographic Scope of Contract:
The geographic scope of contract is the 48 contiguous states, Hawaii, Alaska, and the District of Columbia.
 

2.

Contractor’s Ordering Address and Payment Information:

Ordering Address:
DDL OMNI Engineering LLC
Attn: Nancy L. Doolin, Director of Contracts
8260 Greensboro Drive, Suite 600
McLean, Virginia 22102

Payment Address:
DDL OMNI Engineering LLC
Attn: Accounting
8260 Greensboro Drive, Suite 600
McLean, Virginia 22102

Contractors are required to accept the Government purchase card for payments equal to or less than the micropurchase threshold for oral or written delivery orders. Government purchase cards will be acceptable for payment above the micropurchase 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 agencies to obtain technical and/or ordering assistance:

Technical - Mr. Robert W. Fritz (703) 918-4323, bob.fritz@ddlomni.com

Procurement - Ms. Nancy L. Doolin, (703) 918-4335, nancy.doolin@ddlomni.com
 

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): 62-700-2504 (Parent Company - DDL OMNI Engineering Corp.)

Block 30:

Type of Contractor – C. Large Business

Block 31:

Woman-Owned Small Business - No

Block 36:

Contractor’s Taxpayer Identification Number (TIN) - 54-1825099.
 

 

a.

CAGE Code: 078S2

 

b.

Contractor has registered with the Central Contractor Registration Database.
 

5.

FOB Destination:
8260 Greensboro Drive, Suite 600, McLean, VA.
 

 6.

Delivery Schedule:

 

1.

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
(SIN or Nomenclature)
SIN 132-51

DELIVERY TIME
(DAYS ARO)
30 days

2.

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 this shorter delivery time and in accordance with all other terms and conditions of the contract.
 

 7.

Discounts:

a.

Prompt payment: N/A % - N/A days from receipt of invoice or date of acceptance, whichever is later.

b.

Quantity: N/A

c.

Dollar Volume: N/A

d.

Government Educational Institutions: N/A

e.

Other: N/A
 

 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: N/A
 

10.

Minimum Order: The minimum dollar value of orders to be issued is $500.00.
 

11.

Maximum Order: (All dollar amounts are exclusive of any discount for prompt payment.)

Special Item 132-51 - Information Technology (IT) Professional Services: The maximum dollar value per order for all IT Professional services will be $500,000.
 

12.

Use of Federal Supply Service Information Technology Schedule Contracts: In accordance with FAR 8.404:

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 micropurchase threshold. Ordering offices can place orders at or below the micropurchase threshold with any Federal Schedule Contractor.

 

b.

Orders exceeding the micropurchase 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 shipping 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 many 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 micropurchase 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 micropurchase 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.
 

13.

Federal Information Technology / Telecommunication Standards Requirements: Federal departments and agencies acquiring products from this Schedule must comply with the provisions of 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 offices, 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.

Security Requirements: In the event security requirements are necessary, the ordering activities may incorporate, in their delivery orders, 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. If any costs are incurred as a result of the inclusion of security requirements, such costs will be negotiated with the Schedule Contractor on an open market basis.
 

15.

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 same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (1) Termination for the Government’s convenience, and (m) Termination for Cause.
 

16.

GSA Advantage!
The GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’ schedule price lists 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 category(ies).

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 office 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 office 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; and
  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:

N/A

Upon request of the Contractor, the Government may provide the Contractor with logistics support, as available, in accordance with all applicable Government regulations. Such Government 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) 13.201(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 the 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:
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 Pricelist.
 

22.

Installation, Deinstallation, and 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 clausae 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 requisitioning 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:
The EIT standard can be found at: 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 a Federal Agency, shall follow the terms of the applicable schedule and authorization and include with each order –

a.

A copy of the authorization from the Agency 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.


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