GSA Contract #GS-35F-0267M
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TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY
(IT)
PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51)
1. SCOPE
a. The prices, terms and conditions stated
under Special Item Number 132-51 Information Technology Professional
Services and Special Item Number 132-52 Electronic Commerce Services
apply exclusively to IT/EC - Services within the scope of this Information
Technology Schedule.
b. The Contractor shall provide services at the Contractor’s
facility and/or at the Government location, as agreed to by the Contractor
and the ordering office.
2. PERFORMANCE INCENTIVES
a. When using a performance based statement
of work, performance incentives may be agreed upon between the Contractor
and the ordering office on individual fixed price orders or Blanket
Purchase Agreements, for fixed price tasks, under this contract in
accordance with this clause.
b. The ordering office must establish a
maximum performance incentive price for these services and/or total
solutions on individual orders or Blanket Purchase Agreements.
c. To the maximum extent practicable, ordering offices shall consider
establishing incentives where performance is critical to the agency’s
mission and incentives are likely to motivate the contractor. Incentives
shall be based on objectively measurable tasks.
d. The above procedures do not apply to
Time and Material or labor hour orders.
3. ORDERING PROCEDURES FOR SERVICES (REQUIRING
A STATEMENT OF WORK)
FAR 8.402 contemplates that GSA may occasionally find it necessary to
establish special ordering procedures for individual Federal Supply Schedules
or for some Special Item Numbers (SINs) within a Schedule. GSA has established
special ordering procedures for services that require a Statement of Work.
These special ordering procedures take precedence over the procedures
in FAR 8.404 (b)(2) through (b)(3).
GSA has determined that the prices for services
contained in the contractor’s
price list applicable to this Schedule 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.
(a) When ordering services, ordering offices
shall–
(1) Prepare a Request (Request for Quote
or other communication tool):
(i) A statement of work (a performance-based
statement of work is preferred) 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.
(ii) The request should include the statement
of work and request 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 makes a determination that it is not possible at the time of
placing the order to estimate accurately the extent or duration of
the work or to anticipate cost with any reasonable degree of confidence.
When such a determination is made, a labor hour or time-and-materials
proposal may be requested. The firm-fixed price shall be based on the
rates in the schedule contract and shall consider the mix of labor
categories and level of effort required to perform the services described
in the statement of work. The firm-fixed price of the order should
also include any travel costs or other incidental costs related to
performance of the services ordered, unless the order provides for
reimbursement of travel costs at the rates provided in the Federal
Travel or Joint Travel Regulations. A ceiling price must be established
for labor-hour and time-and-materials orders.
(iii) The request may ask 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.
(iv) The request 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 qualification of responses. If consideration
will be limited to schedule contractors who are small business concerns
as permitted by paragraph (2)(i) below, the request shall notify the
contractors that will be the case.
(2) Transmit the Request to Contractors:
(i) Based upon an 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, pricing and
other factors such as contractors’ locations, as appropriate). When
buying IT professional services under SIN 132–51 ONLY,
the ordering office, at its discretion, may limit consideration to those
schedule contractors that are small business concerns. This limitation
is not applicable when buying supplies and/or services under other SINs
as well as SIN 132-51. The limitation may only be used when at least three
(3) small businesses that appear to offer services that will meet the
agency’s needs are available, if the order is estimated to exceed
the micro-purchase threshold.
(ii) The request should be provided to
three (3) contractors if the proposed order is estimated to exceed
the micro-purchase threshold, but not exceed the maximum order threshold.
For proposed orders exceeding the maximum order threshold, the request
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 quotes for specific orders.
Requests should be tailored to the minimum level necessary for adequate
evaluation and selection for order placement. Oral presentations should
be considered, when possible.
(3) Evaluate Responses and Select the Contractor
to Receive the Order:
After responses have been evaluated against the factors identified in
the request, the order should be placed with the schedule contractor that
represents the best value. (See FAR 8.404)
(b) 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–
(1) Inform contractors in the request (based on the agency’s
requirement) if a single BPA or multiple BPAs will be established,
and indicate the basis that will be used for selecting the contractors
to be awarded the BPAs.
(i) 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 should be awarded the BPA. (See FAR 8.404)
(ii) 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 procedures in (a)(2)(ii) above and
then place the order with the Schedule contractor that represents the
best value.
(2) 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. (See
FAR 8.404)
(c) 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.
(d) When the ordering office’s requirement
involves both products as well as executive, administrative and/or
professional, 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 best value. (See FAR 8.404)
The ordering office, at a minimum, should
document orders by identifying the contractor from which the services
were purchased, the services purchased, and the amount paid. If other
than a firm-fixed price order is placed, such documentation should
include the basis for the determination to use a labor-hour or time-and-materials
order. For agency requirements in excess of the micro-purchase threshold,
the order file should document the evaluation of Schedule contractors’ quotes
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.
Ordering procedures for other services available
on schedule at fixed prices for specifically defined services or tasks
should use the procedures in FAR 8.404. These procedures are listed
in the pricelist, under "Information
for Ordering Offices," paragraph #12.
4. 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.
5. 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 Agency should include the criteria
for satisfactory completion for each task in the Statement of Work
or Delivery Order. Services shall be completed in a good and workmanlike
manner.
d. Any Contractor travel required in the
performance of IT/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.
6. 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.
7. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall comply with all laws,
ordinances, and regulations (Federal, State, City, or otherwise) covering
work of this character. If the end product of a task order is software,
then FAR 52.227-14 Rights in Data — General, may apply.
8. 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.
9. INDEPENDENT CONTRACTOR
All IT/EC 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.
10. ORGANIZATIONAL CONFLICTS OF INTEREST
a. Definitions.
"Contractor" means the person, firm, unincorporated
association, joint venture, partnership, or corporation that is a party
to this contract.
"Contractor and its affiliates" and "Contractor or its affiliates" refers
to the Contractor, its chief executives, directors, officers, subsidiaries,
affiliates, subcontractors at any tier, and consultants and any joint
venture involving the Contractor, any entity into or with which the
Contractor subsequently merges or affiliates, or any other successor
or assignee of 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.
11 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.
12. 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.
13. RESUMES
Resumes shall be provided to the GSA Contracting Officer or the user
agency upon request.
14. 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.
15. 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.
16. DESCRIPTION OF IT SERVICES AND PRICING
Pricing and Descriptions for IT Services that offeror is proposing can
be seen here.
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