| 2.0 TERMS
AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL
SERVICES (SPECIAL ITEM NUMBER 132-51)
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1. SCOPE
a. The prices, terms and conditions stated under Special
Item Number 132-51 Information Technology Professional apply
exclusively to IT 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
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 toadditional 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, 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 ITServices
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 Services.
9. INDEPENDENT CONTRACTOR
All IT 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 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. PLEASE REFER TO SECTION 4.0
FOR DISCRIPTION OF LYCEUM IT SERVICES. PLEASE REFER TO SECTION
5.0 FOR THE APPLICABLE HOURLY LABOR RATES.
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