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Contract
GS-35F-4496H
Terms
& Conditions
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1. |
Geographic Scope of Contract:
The geographic scope of contract is the 48
contiguous states, Hawaii, Alaska, and the District
of Columbia.
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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
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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.
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| 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.
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a. |
CAGE Code: 078S2 |
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b. |
Contractor has registered with the
Central Contractor Registration Database.
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5. |
FOB Destination:
8260 Greensboro Drive, Suite 600, McLean, VA.
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| 6. |
Delivery Schedule: |
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1.
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TIME OF DELIVERY. The contractor shall
deliver to destination within the number of calendar
days after receipt of order (ARO), as set forth below. |
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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.
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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
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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.
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9. |
Statement Concerning
Availability of Export Packing: N/A
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| 10. |
Minimum Order:
The minimum dollar value of orders to be issued is
$500.00.
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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.
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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.
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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. |
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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 —
- 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;
- Trade-in considerations;
- Probable life of the item selected as compared
with that of a comparable item;
- Warranty considerations;
- Maintenance availability;
- Past performance; and
- Environmental and energy efficiency considerations.
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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
—
- Review additional Schedule Contractors’
catalogs/pricelists or use the “GSA Advantage!”
on-line shopping service;
- 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
- 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:
- 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);
- Offer the lowest price available under the contract;
or
- Decline the order (orders must be returned in
accordance with FAR 52.216-19).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
- Manufacturer;
- Manufacturer’s Part Number; and
- 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.
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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-
- 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));
- The ordering office contracting officer has determined
the price for the items not on the Federal Supply
Schedule is fair and reasonable;
- The items are clearly labeled on the order as
items not on the Federal Supply Schedule; and
- All clauses applicable to items not on the Federal
Supply Schedule are included in the order.
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18. |
Contractor Commitments,
Warranties and Representations |
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a. |
For the purpose of this
contract, commitments, warranties and representations
include, in addition to those agreed to for the entire
schedule contract:
- Time of delivery/installation quotations for individual
orders;
- 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
- Any representations and/or warranties concerning
the products made in any literature, description,
drawings and/or specifications furnished by the
Contractor.
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b. |
The above is not intended
to encompass items not currently covered by the GSA
Schedule contract.
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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.
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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.
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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.
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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.
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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/.
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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 –
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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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