Federal Supply Schedule GS00F0002P

GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY SERVICE

AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system.

The INTERNET address to GSA Advantage! Is: GSAAdvantage.gov

Information Technology Professional Services

C D301 IT Facility Operation and Maintenance Services

C D302 IT Systems Development Services

C D306 IT Systems Analysis Services

C D307 IT Systems Design and Integration Services

C D308 Programming Services

C D310 IT Backup and Security Services

C D311 IT Data Conversion Services

C D313 Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) Services

C D316 Telecommunications Network Management Services

C D317 Automated News Service, Data Services, or Other Information Services

C D399 Other IT and Telecommunications Services

Engineering and Technical Services

C R425 Engineering and Technical Services

SIN No. 871-1 Strategic Planning for Technology Programs/Activities

SIN No. 871-2 Concept Development and Requirements Analysis

SIN No. 871-5 Integrated Logistics Support

SIN No. 871-6 Acquisition and Life Cycle Management

CONTRACT NUMBER: GS-00F-0002P

Modification 002 For more information on ordering from Federal Supply Schedules, click on the FSS Schedules button at http://www.fss.gsa.gov.

CONTRACT PERIOD: NOVEMBER 5, 2003 THROUGH NOVEMBER 4, 2008

ML Technologies, Inc. is a Small Disadvantaged Business.

TABLE OF CONTENTS

Information for ordering offices

1.

Geographic Scope of Contract

2.

Contractor’s Ordering address and payment information

3.

Reserved

4.

Statistical data for government ordering office completion of standard form 279

5.

FOB destination

6.

Delivery Schedule a.

Time of delivery b.

Urgent Requirements

7.

Discounts

8.

Trade Agreements Act of 1979, as amended

9.

Export Packing

10.

Small Requirements

11.

Maximum Order

12.

Use of Federal Supply Service Information Technology Schedule Contracts

13.

Federal Information Technology/Telecommunications Standards

13.1 Federal Information Processing Standards Publications

13.2 Federal Telecommunication Standards

14.

Security Requirements

15.

Contract Administration for Ordering Offices

16.

GSA Advantage

17.

Purchase of Open Market

18.

Contractor Commitments, Warranties and Representations

19.

Overseas Activities

20.

Blanket Purchase Agreements

21.

Contractor Team Arrangements

22.

Installation, Deinstallation, Reinstallation

23.

Service Contract Act – Place of Performance Unknown (52.222-49)

24.

Section 508 Compliance

25.

Prime Contractor Ordering from Federal Supply Schedules

Terms and Conditions applicable to information technology (IT) Professional services

1.

Scope

2.

Performance Incentives

3.

Ordering Procedures for services (requiring a statement of work)

4.

Order

5.

Performance of Services

6.

Inspection of Services

7.

Responsibilities of the contractor

8.

Responsibilities of the Government

9.

Independent Contractor

10.

Organization conflicts of interest

11.

Invoices

12.

Payments

13.

Resumes

14.

Incidental Support Costs

15.

Approval of subcontracts

Description of IT Services

Senior Project Manager

Project Manager

Functional Matter Specialist

Senior Information (IT) Specialist

Information Technology (IT) Specialist

Senior Engineering Specialist

Engineering Specialist

Sr. Engineer

Engineer

Senior Information Science Specialist

Information Science Specialist

Programmer

Associate Programmer

Sr. Administrative Specialist

Administrative Specialist

Administrator

Associate Administrator

Master Technician

Senior Technician

Technician

Associate Technician

Description of Engineering Support Services

Engineer

Configuration Management Specialist

Industrial Specialist (IS)

Quality Assurance Specialist (QAS)

Logistics Manager

Logistician

Maintenance Specialist (MS)

Transportation Specialist (TS)

Storage Specialist (SS

Item Manager (IM)

Production Management Specialist (PMS)

Equipment Specialist (ES)

Production Control Specialist (PCS)

Technical Writer (TW)

Administrative Assistant (ADM)

Data Technician (DT)

Program Manager

Project Leader

Analyst

Graphic Specialist

Technician (Tech)

Subject Matter Expert

ATTACHMENT A

SCHEDULE PRICELIST – IT SERVICES

ATTACHMENT C

SCHEDULE PRICELIST – ENGINEERING SERVICES

INFORMATION FOR ORDERING OFFICES

1. GEOGRAPHIC SCOPE OF CONTRACT

The geographic scope of this contract is the 48 contiguous states and the District of Columbia.

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION

Orders may be submitted to the following

Mr. Fred Miyasaki or:

Sherm Bjerregaard

545 Yellowstone 872 W. Heritage Park Dr., Ste 220

Idaho Falls, Idaho 83402 Layton, UT 84041

Voice: (208) 522-8784 Voice: (801) 773-5167

Facsimile: (208) 529-1843 Facsimile: (801) 773-0080

Email: Miyasaki@mltech.com Email: shermb@mltech.com Payment information as follows:

Transamerica Commercial Finance Corp.

a/c ML Technologies, Inc.

5595 Trillium Blvd.

Hoffman Estates, IL 60192

Contractors are required to accept the Government purchase card for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Government purchase cards will not be acceptable for payment above the micro-purchase 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:

ML Technologies, Inc.

(208) 522-8784, ext. 13 or:

ML Technologies, Inc.

(801) 773-5167

3. RESERVED

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279.

(a) Block 9:

G. Order/Modification Under Federal Schedule

(b) Block 16:

Contractor Establishment Code (DUNS):

60-952-4095

(c) Block 30:

Type of Contractor – A. Small Disadvantaged Business

(d) Block 31:

Woman-Owned Small Business – No

(e) Block 36:

Contractor’s Tax Identification Number (TIN) 82-0429036

4a.

CAGE Code:

OUKL1

4b.

Contractor has registered with the Central Contractor Registration Database

5. FOB DESTINATION

Under any resulting order which requires the delivery of software or end item deliverables, they shall be shipped FOB Destination.

6. DELIVERY SCHEDULE

a) TIME OF DELIVERY. The contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below. Offerors shall insert in the “time of delivery (days ARO)” column in the Schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the contractor’s normal commercial practice.

Items or Groups

Delivery Time

Of Items (SIN or

(Days ARO)

Nomenclature

b) 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. Prices shown are NET Prices; Basic Discounts have been deducted.

ML Technologies under this contract does not offer any prompt payment discounts, quantity discounts, dollar discounts, Government Education Institutions discounts, Government Credit Card Discounts.

8. Trade Agreements Act of 1979, as amended:

All items are U.S. made end products, designated county 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. EXPORT PACKING.

ML Technologies in the performance of this Services Schedule does not anticipate the need for foreign export packing.

10. SMALL REQUIREMENTS. The minimum dollar value of orders to be issued is $100.00

11. MAXIMUM ORDER.

12. USE OF FEDERAL SUPPLY SERVICE SCHEDULE CONTRACTS.

In accordance with FAR 8.404:

[NOTE: Special ordering procedures have been established for Special Item Numbers (SINs) 132-51 IT Professional Services and 132‑52 EC Services; refer to the terms and conditions for those SINs.]

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 micro-purchase threshold. Ordering offices can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor.

b. Orders exceeding the micro-purchase 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 shopping 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--

Review additional Schedule Contractors’

(1) 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 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 micro-purchase 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 micro-purchase 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/TELECOMUNICATIONS STANDARDS REQUIREMENTS: Federal departments and agencies acquiring products from this Schedule must comply with the provisions of the 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 (FPIS) or Federal Telecommunications 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 (NITS), 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 subscriptions 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 the U.S. Department of Commerce, National Institute of Standards and Technology (NITS), 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 cam be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gathersburg, 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 not exceed ten percent (10%) or $100,000, of the total dollar value of the order, whichever is less.

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 (l) Termination for the Government’s convenience, and (m) Termination for Cause (See C.1.)

16. GSA ADVANTAGE! The GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’ schedule pricelists 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 categories.

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

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 representation 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.

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 installations, maintenance and repair of equipment in areas listed in the price list outside the 48 contiguous states and the District of Columbia, except as indicated below:

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) 13.303-1(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 13.303-2(c)(3), which reads, in part, as follows:

“BPAs may be established with 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

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor’s Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. INSTALLATION, DEINSTALLATION, 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 clause that no laborer or mechanic employed directly upon the site of the work shall receive 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. SERVICE CONTRACT ACT—PLACE OF PERFORMANCE UNKNOWN (52.222-49) (MAY 1989) applicable ONLY to services covered by the act

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: See Exhibit 4. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

24. 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

25. 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.

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

1. SCOPE

a. The prices, terms and conditions under Special Item Number 132-51 Information Technology Professional Services and Special Item Number 132-51 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. RESPONSIBLITIES 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, the FAR 52.227-14 Rights in Data – General, may apply.

8. RESPONSIBLITIES OF THE GOVERNMENT

Subject to security regulations, the ordering office shall permit Contractor access to all facilities necessary to perform the requisite 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. ORGANIZATION 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 2002) (Alternate II (FEB 2002)) 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.

Description of IT Services

SENIOR PROJECT MANAGER

Education & Experience:

Masters Degree and 13 years experience. Senior Project Manager of IT projects typically greater than 20 team members or multiple projects. At least 6 years as project manager with full responsibility for the contract.

Technical Experience:

At least thirteen years of intensive and progressive experience in developing and managing large complex and/or multiple application development full life cycle projects which embodied a full range of skills including feasibility studies, computer system analysis, design, programming, testing, LAN/WAN communication networking, documentation, training, implementation.

Functions:

Provides overall Project Management and has the responsibility for project planning, organizing, directing, coordinating, controlling and administration. Has full decision making and negotiating authority on all aspects of the project. Poses expertise in project planning and control using project management tools. Has capability in activities including project management, people management, customer interaction, planning, budgeting, scheduling, cost/schedule controls, priority setting, program manloading, staffing, progress reporting, technical reviews, configuration management, quality control, logistics support, and risk management. Ensures conformance to engagement requirements and contract provisions. Communicates effectively and interfaces with the customer, vendors, and subcontractors. Has a good understanding of standard business processes. Has a functional knowledge and understanding of the customer’s business, organization, goals, objectives, policies, standards, and procedures. Provides direction to subordinates to meet the customer’s goals and objectives, and conform to their policies, standards, and procedures.

PROJECT MANAGER

Education & Experience:

Bachelor Degree and 8 years experience. Project Manager of Quality Assurance Lead of IT projects typically less than 20 team members. At least 3 years as project manager with full responsibility for the project.

Technical Experience:

At least eight years of intensive and progressive experience in developing and managing complex application development or quality assurance projects. These projects could include one or more of the following activities: feasibility studies, quality assurance, computer system analysis, design, programming, testing, LAN/WAN networking, documentation, training, implementation.

Functions:

Provides overall Project Management and has the responsibility for project planning, organizing, directing, coordinating, controlling and administration. Has full decision making authority on all aspects of the project. Possess expertise in project planning and control using project management tools. Has capability in activities including project management. people management, customer interaction, planning, scheduling, cost/schedule controls, priority setting, project manloading, staffing, progress reporting, technical reviews, configuration management, quality control, logistics support, and risk management. Ensures conformance to project requirements and task specifications. Communicates effectively and interfaces with the customer, vendors, and subcontractors. Understands the customer’s project goals, objectives, policies, standards, and procedures and provides direction to subordinates to meet them.

Functional Matter Specialist

Education and Experience:

Masters Degree and 13 years experience. Performs Senior Level IT Functional Matter Specialist activities, System Architecture, IV&V, and Functional Analysis.

Technical Experience:

At least thirteen years of intensive and progressive experience in one or mare specialty areas. Provide senior level technology expertise in special technical areas such as – Advanced IT studies artificial intelligence, expert systems, advanced systems architecture, concept exploration and identification, firmware, development, advanced software technology, structured IV&V methods, human factors engineering, advanced network modeling and re-engineering, and functional industry expertise.

Functions:

Independently performs senior consulting studies in many IT esoteric areas such as strategic planning. Year 2000 studies, concept trade studies, advanced technology test equipment studies, support equipment trade studies, life cycle cost analysis using analytical modeling, business impact analysis, and sensitivity studies. Performs overall system architecture design in a multi-vendor, multi-platform environment. Develops artificial intelligence, firmware, and expert systems. Provides multiple networking topologies design and advanced network modeling and re-engineering. Performs software technology transitions and insertions. Performs Business Process Re-engineering (BPR). Provides Independent Verification and Validation (IV&V) expertise. Performs software critical design review including: top level design, interfaces hardware, interfaces software, computer security, design of database, software metrics, timing and sizing analysis. Provides human factors engineering principles, practices, definition of interfaces and interactions and overall system design. Performs as an expert functional specialists in the business, engineering, or scientific disciplines.

SENIOR INFORMATION (IT) SPECIALIST

Education & Experience:

Masters Degree and 11 years experience. Performs Senior Level IT infrastructure technical development.

Technical Experience:

At least eleven years of intensive and progressive experience in one or more specialty areas of Operating Systems, Data Base Design & Administration, Re-engineering, Hardware/Communication Design, Office Automation Design, Computer Security, Feasibility Studies, Risk Assessment, System Audits, and Quality Assurance.

Functions:

Independently performs senior level studies, analysis, design, and technical support activities for very complex computer IT systems. Activities would include problem identification studies, system performance studies including software metrics risk assessment studies including timing and sizing analysis and resource utilization, disaster/backup recovery planning, human factors studies, system configuration studies. Provide operating systems performance analysis and system programming, design of data base structures, computer and software security analysis and design, analysis and design of office automation processes. Perform performance analysis audit of the functional configuration, physical configuration, and application processing. Provide the design, optimization, and security of LAN/WAN communication networks. Provide quality assurance on large scale IT projects.

INFORMATION TECHNOLOGY (IT) SPECIALIST

Education & Experience:

Bachelor Degree and 9 years experience. Performs IT infrastructure technical development.

Technical Experience:

At least nine years of intensive and progressive experience in one or more specialty areas of Operating Systems, Data Base Design & Administration, RE-engineering, Hardware/Communication Design, Office Automation Design, Computer Security, Feasibility Studies; Risk Assessment, System Audits, and Quality Assurance.

Functions:

Independently performs studies, analysis, design, and technical support activities for complex computer IT systems. Activities would include problem identification studies, system performance studies including software metrics, risk assessment studies including timing and sizing analysis and resource utilization, disaster/backup recover planning, human factors studies, system configuration studies. Provide operating systems performance analysis and system programming, design of data base structures, computer and software security analysis and design, analysis and design of office automation processes.