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Contract
GS-23F-0048K
Terms
& Conditions
1. |
Special Item
Numbers Awarded |
871-1 |
Strategic Planning for Technology
Programs/Activities |
871-2 |
Concept Development and
Requirements Analysis |
871-3 |
System Design, Engineering, and Integration |
871-4 |
Test and Evaluation |
871-5 |
Integrated Logistics Support |
| 871-6 |
Acquisition and Life-Cycle Management
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2. |
Maximum Order Threshold |
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The maximum order threshold value per
order for Professional Engineering Services will be
$750,000. A Delivery Order that exceeds the maximum
order threshold may be placed in accordance with FAR
8.404 (See page 8).
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| 3. |
Minimum Order |
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The minimum dollar value
per order for all Professional Engineering Services
will be $100.
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| 4. |
Geographical Scope
of Contract |
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Worldwide.
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5. |
Point(s) of Production |
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Headquarters
8260 Greensboro Drive
Suite 600
McLean, Virginia 22102
Voice: (703) 903-9777
Fax: (703) 903-9745
Email: info@mail.ddlomni.com
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Waterford, Connecticut
156 Cross Road
Waterford, CT 06385
Voice: (860) 447-1762
Fax: (860) 447-3073
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Newport, Rhode Island
One Corporate Place
Middletown, RI 02842
Voice: (401) 841-5470
Fax: (401) 841-8630
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Columbia, Maryland
10320 Little Patuxent Parkway
Suite 1106
Columbia, MD 21406
Voice: (410) 715-8703
Fax: (410) 715-8705
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Crystal City, Virginia
2711 Jefferson Davis Highway, Ste 303
Suite 303
Arlington, VA 22202
Voice: (703) 416-1870
Fax: (703) 416-6614
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San Diego, California
Tactical Training Group, Pacific
(Attn: DDL OMNI Engineering)
53720 Horizon Drive
San Diego, CA 92147-5087
Voice: (619) 553-9334/8344
Fax: (619) 553-9857
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Pearl Harbor, Hawaii
COMSUBPAC
(Attn: DDL OMNI Engineering/N7)
Bldg. 619, 100 Morton Avenue
Pearl Harbor, HI 96860-6543
Voice: (808) 474-5649
Fax: (808) 474-5634
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Norfolk, Virginia
440 Viking Drive
Suite 200
Virginia Beach, VA 23452
Voice: (757) 306-0607
Fax: (757) 306-0621
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6. |
Discount From
List Prices |
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Prices listed are net
prices, which include a Government discount.
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7. |
Other Discounts |
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Not Applicable.
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| 8. |
Prompt Payment
Terms |
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Payment terms are Net
30 days.
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| 9. |
Acceptance of
Government Credit Cards |
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Type(s) of Government
Purchase Cards Accepted: Government Credit Cards will
be accepted for payment both above and below the micropurchase
threshold. In addition, bank information for wire
transfers will be shown on the invoice.
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10. |
Order Address |
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DDL OMNI Engineering LLC
Attn: Nancy L. Doolin, Director of Contracts
8260 Greensboro Drive, Suite 600
McLean, Virginia 22102-3806
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11. |
Payment Address |
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DDL OMNI Engineering LLC
P. O. Box 2329
Merrifield, Virginia 22116-2329
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12. |
Export Packing
Charges |
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To be determined on a
task order basis.
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13. |
Terms and Conditions
of Government Purchase Card Acceptance (Above the
Micro-Purchase Threshold) |
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Terms and conditions for
acceptance will be in accordance with Government purchase
card requirements and regulations.
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14. |
Year 2000 (Y2K)
Compliance |
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“Year 2000 compliant”
means technology that 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 technology used in combination
with the technology being acquired properly exchanges
date/time data with it.
The Contractor warrants that each hardware, software,
and firmware product delivered under this contract
shall be able to accurately process date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations, when used in accordance with the product
documentation provided by the Contractor, provided
that all products (e.g., hardware, software, and firmware)
used in combination with such products properly exchange
data with it. If the contract requires that specific
products must perform as a system in accordance with
the foregoing warranty, then that warranty shall apply
to those products as a system. The duration of this
warranty and the remedies available shall include
repair or replacement of any product whose non-compliance
is discovered and made known to the Contractor in
writing within any time prior to June 1, 2000, or
for a period of 6 months following acceptance (installation
is considered acceptance), whichever is later. 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.
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15. |
Environmental
Attributes |
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Not applicable to Professional
Engineering Services.
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16. |
Data Universal
Numbering System (DUNS) Number |
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DDL OMNI Engineering LLC’s
corporate DUNS number is 627002504.
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17. |
Central Contractor
Registration (CCR) Database |
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DDL OMNI is registered
in the Central Contractor Registration Database, identified
by the DUNS number above.
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18. |
Additional Information |
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- Type of Contractor – Small Business, SIC
Codes 8711, 8731.
- Woman-owned small business – No.
- Contractor’s Taxpayer Identification Number
– 54-1825099
- CAGE Code – 078S2
- FOB Destination
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19. |
Security Requirements |
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In the event 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. 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, outside the scope of the
contract. |
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Terms
and Conditions Applicable to
Professional Engineering Services
(Special Item Numbers 871-1, 871-2, 871-3, 871-4,
871-5, and 871-6)
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| I. |
Ordering Procedures
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| A. |
Procedures for Professional
Engineering Services (PES) priced on GSA Schedule
at Hourly Rates.
- FAR 8.404 contemplates that GSA may occasionally
find it necessary to establish special ordering
procedures for individual Federal Supply Service
Schedules or for some Special Item Numbers (SINs)
within a Schedule. GSA has established special ordering
procedures for Professional Engineering Services
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.
- The GSA has determined that the rates for PES
contained in this price list 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.
- When ordering PES ordering offices shall:
a. Prepare a Request for Quotation:
- 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.
- A request for quotation should be prepared
which includes the performance-based statement
of work and requests the contractors to 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 determines that it
is not possible at the time of placing the order
to accurately estimate the extent or duration
of the work, or to anticipate cost with any
reasonable degree of confidence.
- The request for quotation may request the
contractors, if necessary or appropriate, to
submit a project plan for performing the task
and information on the contractor’s experience
and/or past performance performing similar tasks.
- The request for quotation shall notify the
contractors what basis will be used for selecting
the contractor 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 B.6. below,
the request for quotation shall notify the contractors
that will be the case.
b. Transmit the Request for Quotation to Contractors:
- Based upon initial evaluation of catalogs
and price lists, 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).
The ordering office, at its discretion, may
limit consideration to those schedule contractors
that are small business concerns.
- The request for quotation should be to three
(3) contractors if the proposed order is estimated
to exceed the micropurchase threshold, but not
to exceed the maximum order threshold. For proposed
orders exceeding the maximum order threshold,
the request for proposal 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.
| c. |
Evaluate Proposals
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. |
- 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:
| a. |
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 contractor(s) to be awarded the BPA(s).
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- 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)(b)(2) 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.
| b. |
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. |
- 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.
- When the ordering office’s requirement involves
both products as well as services, the ordering
office should total the prices for the products
and the firm-fixed price for the services and select
the contractor that represents the greatest value
in terms of meeting the agency’s total needs.
- 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 micropurchase threshold, the order
file should document the evaluation of schedule
contractors’ proposals 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.
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B. |
Ordering Procedures for
Services at Fixed Prices.
Orders placed pursuant to 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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| 1. |
Orders placed
at or below the micro-purchase threshold.
Ordering offices can place orders at or below the
micropurchase threshold with any Federal Supply Schedule
Contractor.
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2. |
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 service offered under MAS contracts by using
“GSA Advantage!” on-line shopping service,
or by reviewing the catalogs/ price lists of at least
three Schedule Contractors and selecting the delivery
and other options available under the schedule that
meet the agency’s needs. In selecting the service
representing the best value, the ordering office may
consider —
- special features of the service that are required
in effective program performance and that are not
provided by a comparable service, and
- past performance
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| 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
—
- Review additional Schedule Contractors’
catalogs/ price lists 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.
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4. |
Blanket Purchase Agreements
(BPAs). The establishment of Federal Supply
Service 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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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 or 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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6. |
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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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 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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II. Order
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- 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.
- 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.
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III. Performance of Services
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- The Contractor shall commence performance of services
on the date agreed to by the Contractor and the
ordering office.
- The Contractor agrees to render services only
during normal working hours, unless otherwise agreed
to by the Contractor and the ordering office.
- The Contractor guarantees the satisfactory completion
of the Professional Engineering Services (PES) performed
under the task order and that all contract personnel
utilized in the performance of the PES under the
task order shall have the education, experience,
and expertise as stated in the task order.
- Any Contractor travel required in the performance
of PES 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.
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| IV. 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-hours orders placed
under this contract.
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V. Responsibilities of the
Contractor
The Contractor shall comply with all laws, ordinances,
and regulations (Federal, State, City, or otherwise)
covering work of this character.
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VI. Responsibilities of the
Government
Subject to security regulations, the ordering office
shall permit the Contractor access to all facilities
necessary to perform the requisite PES.
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VII. Independent Contractor
All PES 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.
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| VIII. Organizational Conflicts
of Interest
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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 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.
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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
that may require restrictions are provided at FAR
9.505.
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| IX. Invoices
The Contractor, upon completion of the work ordered,
shall submit invoices for PES. 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.
X. 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 services 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.
XI. Resumes
Resumes shall be provided to the GSA Contracting
Officer or the user agency upon request.
XII. Incidental Support Costs
Incidental support costs are available outside the
scope of this contract. The cost will be negotiated
separately with the ordering agency in accordance
with the guidelines set forth in the FAR.
XIII. 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.
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