MAS - Compusult LTD - GS35F0373P

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) i

Solicitation No. FCIS-JB-980001B - Refresh #10

FEDERAL SUPPLY SCHEDULE FOR

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE, AND SERVICES

FSC GROUP 70

NOTE 1: THIS IS REFRESH NUMBER 10 OF SOLICITATION NUMBER FCIS-JB-980001B. IT IS

STILL THE SAME SOLICITATION. NOTE: REFRESH NUMBERS #5 THOUGH #8 ARE

RESERVED.

NOTE 2: HARDCOPY RESPONSES TO THIS ELECTRONICALLY AVAILIABLE SOLICITATION, AT A

MINIMUM, MUST BE IN A FONT NO SMALLER THAN 10 CPI (characters per inch). REFER TO

PARAGRAPH E.4 FOR MORE INFORMATION.

NOTE 3: SALES AND MAINTENANCE SERVICE MUST BE PROVIDED TO, AT A MINIMUM, THE 48

CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA

CONTRACT PERIOD: Contracts awarded under this standing solicitation will commence on the DATE OF

AWARD and end five years from that date (unless contract is canceled/terminated or extended).

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION CAN BE

OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN. THE OFFER SHOULD BE

SUBMITTED, IN DUPLICATE, TO THE FOLLOWING ADDRESS:

GSA/FSS

IT ACQUISITION CENTER

SOLICITATION NO. FCIS-JB-980001B

ATTN.: BOOCO, ROOM 1017

1941 JEFFERSON DAVIS HIGHWAY

ARLINGTON, VA 22202

OFFERS MUST BE SIGNED IN BLOCK 30a OF THE STANDARD FORM 1449

Many of the provisions and clauses cited in this solicitation are incorporated by reference to the appropriate section of the Federal Acquisition Regulation (FAR) or the General Services Administration Acquisition Manual (GSAM).

A review of these clauses and provisions will be necessary for you to understand all aspects of the solicitation. The full text of any FAR and GSAM clauses which are incorporated by reference in this solicitation may be found in the electronic file titled IBR.DOC or they can be accessed at the following URLs:

FAR: http://www.arnet.gov/far GSAM: http://www.arnet.gov/GSAM/gsam.html

Copies of FAR may be purchased from: Superintendent of Documents Government Printing Office (GPO) Washington, DC 20402

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) ii

PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS

(GSAR 552.219-72) (SEP 1999)

(a) An offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial products plan.

(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror's subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, and women-owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial products plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror's production generally; i.e., for both its commercial and Government business.

(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) [SEE C.2]of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:

(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, and women-owned small business concerns in performing the contract.

(2) Include a description of the offeror's subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.

(3) Demonstrate through its plan that it understands the small business subcontracting program's objectives and GSA's expectations, and it is committed to taking those actions necessary to meet these goals or objectives.

(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:

(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9. [SEE C.2]

(2) Consider previous goals and achievements of contractors in the same industry.

(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, and women-owned small business concerns.

(4) Review the offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, and women-owned small business concerns. The offeror's description can apply to commercial as well as previous Government contracts.

(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) iii

SIGNIFICANT CHANGES (CP-FSS-2) (OCT 1988)

The attention of Offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein:

1. SOLICITATION REFRESH. This is a refresh of the originally issued solicitation. IT IS STILL THE SAME SOLICITATION. The only changes, unless otherwise indicated are updates to the provision and clauses from the original solicitation. All amendments have been incorporated into the refreshed solicitation. NOTE:

Refresh Number 5 through Number 8 are Reserved.

2. RECEIPT OF OFFERS/SCHEDULE CONTRACT PERIOD. This standing solicitation will remain in effect until replaced by an updated solicitation. There will be no closing date for receipt of offers. Therefore, offers may be submitted for consideration at any time. There is no prescribed contract beginning and ending date.

Contracts awarded under this Information Technology Solicitation will have variable contract periods; i.e., contracts will be in effect for an initial period of five years from the date of award, with a possibility to extend the contract for three optional five year periods. For a possible total contract period of 20 years. See A-FSS-11 CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION and I-FSS-163 OPTION TO EXTEND THE TERM OF THE

CONTRACT (EVERGREEN).

3. SOLICITATION FORMAT/CONTENTS. This solicitation has been prepared in accordance with FAR Part 12, Acquisition of Commercial Items, which implements Title VIII of the Federal Acquisition Streamlining Act (FASA) of 1994 (Public Law 103-355), the Clinger-Cohen Act of 1996 (Public Law 104-106), and the final rule, published as General Services Administration Acquisition Regulation (GSAR) Change 76, regarding commercial item acquisitions under the Multiple Award Schedules Program. The contract format and data requirements in this solicitation differ somewhat from previous solicitations. Offerors are strongly advised to carefully review the entire solicitation document.

4. MANDATORY ACCEPTANCE OF GOVERNMENT PURCHASE CARD. 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. Contractors are encouraged to accept the Government purchase card for orders above the micro-purchase threshold. See GSAR 552.232-77 PAYMENT BY GOVERNMENT COMMERCIAL

PURCHASE CARD, ALTERNATE I. [SEEC.17]

5. GSA Advantage!. The GSA Advantage!, an electronic information and ordering system encompasses all of the products and services under this schedule. Contractors are required to display product, service and pricing information on GSA Advantage!. [See C.31 and C.53].

6. PAST PERFORMANCE. In order to assist the Government in assessing an Offeror's past performance, each company responding to this solicitation will be required to have Dun & Bradstreet (D&B) c/o Open Ratings, a strategic partner with D&B, complete a Past Performance Evaluation Report on that firm. The request must be made prior to the submission of a proposal. Each Offeror must submit, with its proposal, a completed copy of the past performance evaluation form sent, by the Offeror, to Open Ratings. Any charges associated with the Past Performance Evaluation Report will be paid by the Offeror. See F.2 PAST PERFORMANCE and ATTACHMENT

II - PAST PERFORMANCE EVALUATION REPORT BY OPEN RATINGS.

7. ADDITION OF ATTACHMENTS. To aid large businesses to draft a Small Subcontracting Business Plan, Attachment III Guideline for Small Subcontracting Business Plan has been updated to include Service Disabled Veteran-owned small business.

8. RIGHTS IN DATA – GENERAL. FAR clause 52.227-14 Rights in Data – General has been incorporated by reference in paragraph C.2 and Attachment I.

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) iv

9. SPECIAL ITEM NUMBER CHANGES. The following Special Item Numbers (SIN) titles have been up dated to coincide with industry changes.

SPECIAL

ITEM

NUMBER

OLD TITLE NEW TITLE

132-3 Leasing of Equipment Leasing of Products 132-53 Telecommunication Transmission

Services Wireless Services

10. North American Industrial Classification System (NAICS). New NAICS Code 611420 Computer Training, except Computer Repair, has been added to Paragraph A.3 for contractor who offer SIN 132-50 Training.

11. ECONOMIC PRICE ADJUSTMENT (EPA). The EPA clause has been modified to include two options for economic price adjustments, dependent on whether or not a contract was awarded based on a commercial catelog price. Refer to Paragraph C.27.

12. SPECIAL ITEM NUMBER 132-3 LEASING OF EQUIPMENT. The terms and conditions for Leasing of Equipment have been updated in Attachment I.

NOTICE: REQUESTS FOR EXPLANATION, INFORMATION AND SOLICITATION COPIES

(a) To reduce Government costs, this solicitation is available for downloading from the Internet. Please check the Federal Supply Service (FSS) Information Technology Home Page at http://pub.fss.gsa.gov/it. Additionally, one copy of the solicitation (diskette) will be provided, as requested. You may reproduce additional paper copies yourself, provided they are complete in every respect, or you may obtain them from the address specified in paragraph (c) below.

(b) Offerors are strongly urged to use two-sided copying of offers for submission to GSA.

(c) Solicitation copies, oral or written requests for explanation and/or information regarding this solicitation should be directed to:

GSA/FSS

IT Acquisition Center (FCI) Crystal Mall #4, Room 1017 1941 Jefferson Davis Highway Arlington, VA 22202 Telephone: (703) 305-3038 Facsimile: (703) 305-7006, -5588, or -5586

IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS, OR WITHDRAWALS TO ABOVE

ADDRESS. USE THE "ADDRESS OFFER TO" ADDRESS IN PARAGRAPH A.2 OF THIS SOLICITATION.

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) v

SECURITY EXAMINATION OF HAND-DELIVERED OFFERS (CP-FSS-20) (JAN 1998)

(a) Offerors are advised that an offer in response to this solicitation is subject to physical examination, x-ray, or other inspection prior to acceptance at the location designated for receipt of offers. Inspection may be conducted by Government personnel or others acting on behalf of the Government. Any offer received at the address designated for receipt of offers after the date and time specified elsewhere in this solicitation for receipt of offers shall be processed in accordance with the late offers provision of this solicitation.

(b) For any hand delivered offer, whether delivered by the offeror or a courier service, the offeror must allow sufficient time to accommodate inspection by designated security personnel. To facilitate this security inspection, initial delivery to an alternate office shall be required prior to final delivery by the offeror to the address designated for receipt of offers. (CAUTION: Delivery to the security inspection point does not constitute timely delivery for receipt of offers.)

(c) The office providing security inspection is located at the following address:

GSA/FSS Building Security Office X-Ray Screening Room

ATTN: IFB/RFP FCIS-JB-980001B

Crystal Mall #3, Loading Dock 1931 Jefferson Davis Highway Arlington, VA 22202

PLEASE REMOVE THIS COVER PAGE(S) BEFORE SUBMITTING OFFER TO GSA.

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) vi

THIS

PAGE

INTENTIONALLY

LEFT

BLANK.

SOLICITATION FCIS-JB-980001B – REFRESH #10 (Issued 10/1/2002)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 143

Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

GS-35F- FCIS-JB-980001B 3/23/98

-- REFRESH #10 #10 – 10/1/2002

7. FOR SOLICITATION A. NAME B. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/

INFORMATION CALL: CONTRACT SPECIALIST 703/305-3038 NONE

9. ISSUED BY CODE 02269 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB

DESTINATION UNLESS

12. DISCOUNT TERMS

GSA/FSS/FCI X UNRESTRICTED BLOCK IS MARKED

SEE SCHEDULE

IT ACQUISITION CENTER SET-ASIDE: % FOR 13a. THIS CONTRACT IS A RATED ORDER

CRYSTAL MALL #4, ROOM 1017 SMALL BUSINESS UNDER DPAS (15 CFR 700)

1941 JEFFERSON DAVIS HIGHWAY SMALL DISADV. BUSINSESS 13b. RATING

ARLINGTON, VA 22202 8(A)

SIC:SEE A.3 14. METHOD OF SOLICITATION

ADDRESS OFFERS TO: SEE PARAGRAPH A.2 SIZE STANDARD: RFQ IFB X RFP RFP

15. DELIVER TO CODE 16. ADMINSTERED BY CODE

ORDERING AGENCY SEE BLOCK 9

17a. CONTRACTOR/ CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

ORDERING AGENCY

DUNS No.:

: TELEPHONE NO> 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SEE ADDENDUM

19., 20. 21. 22. 23. 24.

ITEM NO SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Do not fill in Blocks 19. through 24. This information should be provided elsewhere.

(Attach Additional Sheet as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt.Use Only)

27a. SOLICITATION INCORPORATE BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATE BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2(TWO) COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED

ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29.

AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE PARTIAL FINAL

CONTRACT EXCEPT AS NOTED 36, PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK STANDARD FORM 1449 (10-95)

BURDEN STATEMENT PRESCRIBED BY GSA -- FAR )48 CFR) 53.212

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 2 OF 143 PAGES

Public reporting burden for this collection of information is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Federal Acquisition Policy, GSA, Washington, DC 20405.

OMB No.: 9000-0136 Expires: 09/30/98

ACKNOWLEDGEMENT OF AMENDMENTS

Amendment #1 issued June 17, 1998 has been incorporated herein.

Amendment #2 issued February 23, 1999 has been incorporated herein.

Amendment #3 issued August 2, 1999 has been incorporated herein.

Amendment #4 issued May 4, 2000 has been incorporated herein.

Amendment #5 issued May 7, 2000 has been incorporated herein.

Solicitation Refresh #1 issued June 14, 2000, incorporating regulatory updates and all previously issued amendments.

Solicitation Refresh #2 issued October 30, 2000.

Solicitation Refresh #3 issued August 1, 2001.

Solicitation Refresh #4 issued December 3, 2001.

Refresh #5 through Refresh #8 are Reserved.

Solicitation Refresh Number #9 issued August 9, 2002.

Solicitation Refresh Number #10 issued October 1, 2002.

STANDARD FORM 1449 (10-95) BACK

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 3 OF 143 PAGES

TABLE OF CONTENTS

A.1 Information Collection Requirements (A-FSS-40) (Nov 1999)

A.2 Address Offers To: (Block 9, Standard Form 1449)

A.3 North American Industry Classification System (NAICS)(X-FCI-XXX)

B.1 Estimated Sales (B-FSS-96) (Jul 2001)

B.2 Products and Services Offered/Schedule of Items (Blocks 19 & 20, Standard Form 1449)

C.1 Contract Terms and Conditions – Commercial Items (FAR 52.212-4) (Feb 2002) (Tailored)

C.2 Clauses Incorporated By Reference (FAR 52.252-2) (Feb 1998)

C.3 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (GSAR 552.212-71) (Jul 2000) (FCI Deviation – Dec 1997)

C.4 Scope of Contract (I-FCI-102) (Mar 1998)

C.5 Guaranteed Minimum (I-FSS-106) (Oct 2000)

C.6 Ordering (FAR 52.216-18) (Deviation – Jan 1994)

C.7 Placement of Orders (GSAR 552.216-72) (Sep 1999) (Alternate II – Sep 1999)

C.8 Order Acknowledgement (G-FSS-907) (Apr 1984)

C.9 Blanket Purchase Agreements (I-FSS-646) (May 2000)

C.10 Order Limitations (FAR 52.216-19) (Oct 1995) (Variation I – Aug 1999)

C.11 Requirements Exceeding the Maximum Order (I-FSS-125) (Sep 1999)

C.12 Delivery Prices (F-FSS-202-G) (Jan 1994)

C.13 Commercial Delivery Schedule (Multiple Award Schedule) (GSAR 552.211-78) (Feb 1996)

C.14 Urgent Requirements (I-FSS-140-B) (Jan 1994)

C.15 Deliveries to the U.S. Postal Service (F-FSS-230) (Jan 1994)

C.16 Contractor’s Billing Responsibilities (G-FSS-913) (May 2000)

C.17 Payment by Government Commercial Purchase Card (GSAR 552.232-77) (Mar 2000) (Alternate I – Mar 2000)

C.18 Imprest Funds (Petty Cash) (I-FSS-918) (May 2000)

C.19 Electronic Commerce-FACNET (I-FS-599) (Apr 1997)

C.20 ANSI Standards (C-FSS-427) (Jul 1991)

C.21 Assignment of Claims (GSAR 552.232-23) (Sep 1999)

C.22 Contractor’s Report of Sales (GSAR 552.238-74) (Sep 1999)

C.23 Industrial Funding Fee (GSAR 552.238-76) (Sep 1999)

C.24 Option to Extend the Term of the Contract (Evergreen) (I-FSS-163) (Apr 2000)

C.25 Notice Regarding Option(s) (GSAR 552.217-71) (Nov 1992)

C.26 Examination of Records by GSA (Multiple Award Schedule) (GSAR 552.215-71) (Aug 1997)

C.27 Economic Price Adjustment – FSS Multiple Award Schedule Contracts

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 4 OF 143 PAGES

TABLE OF CONTENTS -- CONTINUED

C.28 Price Reductions (GSAR 552.238-75) (Sep 1999)

C.29 Modifications (Multiple Award Schedule) (GSAR 552.243-72) (Jul 2000) (FCI Deviation)

C.30 Submission and Distribution of Authorized FSS Schedule Pricelists (GSAR 552.238-71) (Sep 1999) (FCI Deviation)

C.31 Contract Price Lists (I-FCI-600) (Jun 2001)

C.32 Warranty – Multiple Award Schedule (GSAR 552.246-73) (Mar 2000)

C.33 RESERVED

C.34 Default (I-FSS-249-B) (May 2000)

C.35 Cancellation (GSAR 552.238-73) (Sep 1999)

C.36 Logistical Support Privileges (X-FCI-XXX) (Dec 1997)

C.37 Dissemination of Information by Contractor (I-FSS-680) (Apr 1984)

C.38 Service of Protest (FAR 52.233-2) (Aug 1996)

C.39 Protests Filed Directly with the General Services Administration (GSAR 552.233-70) (Mar 2000)

C.40 Indefinite Quantity (FAR 52.216-22) (Oct 1995) (Variation - Oct 1995)

C.41 Contractor Sales Criteria (I-FSS-639) (Mar 2002)

C.42 Invoice Payments (GSAR 552.232-74) (Sep 1999)

C.43 Central Contractor Registration (CCR) (I-FSS-598) (Oct 1999)

C.44 Vendor Managed Inventory (VMI) Program (MAS) (G-FSS-906) (Jan 1999)

C.45 Performance Incentives (I-FSS-60) (Apr 2000)

C.46 Clauses for Overseas Coverage (I-FCI-108) (May 2000)

C.47 Characteristics for Electric Current (C-FSS-412) (May 2000)

C.48 Transshipments (D-FSS-477) (Apr 1984)

C.49 Foreign Taxes and Duties (I-FSS-314) (Dec 1990)

C.50 Parts and Service (I-FSS-594) (Oct 1988)

C.51 Section 8(a) Award Multiple Award Schedule (I-FSS-91) (Oct 2000)

C.52 Contractor Team Arrangements (I-FSS-40) (Sep 2000)

C.53 GSA Advantage!™ (I-FSS-597) (SEP 2000)

C.54 Performance Reporting Requirements (I-FSS-50) (Feb 1995)

D.1 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (FAR 52.215-5) (May 2001) (Tailored)

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 5 OF 143 PAGES

E.1 Instructions to Offerors – Commercial Items (FAR 52.212-1) (Mar 2000) is incorporated herein by reference

E.2 Period for Acceptance of Offers (A-FSS-12-C) (Nov 1997)

E.3 Consideration of Offers under Standing Solicitation (A-FSS-11) (Dec 2000)

E.4 Submission of Offers – Additional Instructions (CI-FCI-2) (Mar 1996)

E.5 Preparation of Offer (Multiple Award Schedule) (GSAR 552.212-70) (Aug 1997)

E.6 Requirement for Cost or Pricing Data or Information Other Than Cost or Pricing Data (FAR 52.215-20) (Oct 1997) (Alternate IV – Oct 1997) (Variation I – Sep 1999)

E.7 Requirement for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications (FAR 52.215-20) (Oct 1997) (Alternate IV – Oct 1997) (Variation I –Aug 1997)

E.8 Identification of Energy-Efficient Office Equipment and Supplies Containing Recovered Materials or Other Environmental Attributes (GSAR 552.238-72) (Sep 1999)

E.9 Energy Efficient Product Requirements (X-FCI-XXX)

F.1 Evaluation – Commercial Items (Multiple Award Schedule) (GSAR 552.212-73) (Aug 1997)

F.2 Past Performance (X-FCI-XXX)

F.3 Dealers and Suppliers (I-FSS-644) (Oct 1988)

F.4 Sales and Service Requirements (X-FCI-XXX)

F.5 Information Technology (IT) Professional Services – Past Performance/Responsibility Determination (X-FCI-XXX)

F.6 Goals for Subcontracting Plan (GSAR 552.219-73) (Sep 1999) (Alternate I – Sep 1999)

F.7 Preaward On-Site Equal Opportunity Compliance Review (FAR 52.222-24) (Feb 1999)

G.1 Offeror Representations and Certifications – Commercial Items (FAR 52.212-3) (Jul 2002) (Deviation)

G.2 Trade Agreements (FAR 52.225-5) (Feb 2002)

G.3 Section 8(a) Representation for the Multiple Award Schedule Program (K-FSS-9) (Sep 2000)

G.4 Commercial Sales Practices Format (CSP-1)

G.5 Authorized Negotiators (K-FSS-1) (Mar 1998)

G.6 Contact for Contract Administration (G-FCI-900-C) (Jun 2001)

G.7 Ordering Information (GSAR 552.216-73) (Sep 1999) (Alternate II – Sep 1999)

G.8 Contractor’s Remittance (Payment) Address (G-FSS-914-A) (May 2000)

G.9 Place of Performance (Far 52.215-6) (Oct 1997)

G.10 Data Universal Numbering System (DUNS) Number (FAR 52.204-6) (Jun 1999)

G.11 Electronic Format

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 6 OF 143 PAGES

G.12 Exemption from Application of Service Contract Act Provisions for Contracts for

Maintenance, Calibration, and/or Repair of Certain Information Technology, Scientific and Medical and/or Office and Business Equipment – Contractor Certifications (FAR 52.222-48) (Aug 1996)

G.13 Compliance with Veterans Employment Reporting Requirements

Attachment I – Guidelines for Format and Content of Federal Supply Service Information Technology Schedule Pricelist

Attachment II – Past Performance Evaluation Report by Dun & Bradstreet

Attachment III – Guidelines for Developing a Small Business Subcontracting Plan

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 7 OF 143 PAGES

A. CONTINUATION OF STANDARD FORM 1449

A.1 INFORMATION COLLECTION REQUIREMENTS (A-FSS-40) (NOV 1999)

"The information collection requirements contained in this solicitation/contract, are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163."

A.2 ADDRESS OFFERS TO: (BLOCK 9, STANDARD FORM 1449)

Offerors shall return the complete solicitation package to the following address:

General Services Administration Solicitation No. FCIS-JB-980001B Attn: BOOCO, Room 1017 1941 Jefferson Davis Highway Arlington, VA 22202

A.3 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) (X-FCI-XXX)

a. Effective October 1, 2000, GSA switched from the Standard Industrial Classification System (SIC) to the North American Industry Classification System (NAICS) for Federal acquisitions. NAICS is a new system developed to classify industries in more detail that the 1987 SIC system. NAICS codes will be used throughout Federal acquisition in the same manner as the SIC codes were previously used.

The Small Business Administration (SBA) has amended its regulations to convert small business size standards from the SIC system to NAICS. The Federal Acquisition Regulation (FAR) is being amended to incorporate the change effective the same date.

b. Below is a chart for NAICS and the corresponding size standard.

NAICS NAICS DESCRIPTION SIZE

511199 All Other Publishing 500 334111 Electronic Computer Manufacturing 1,000 334112 Computer Storage Device Manufacturing 1,000 334113 Computer Terminals Manufacturing 1,000 334119 Other Computer Peripheral Equipment Manufacturing (pt) 1,000 335931 Current-Carrying Wiring Device Manufacturing 500 335932 Noncurrent-Carrying Wiring Device Manufacturing 500 334310 Audio and Video Equipment Manufacturing 750 334210 Telephone Apparatus Manufacturing 1,000

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 8 OF 143 PAGES

334220 Radio and Television Broadcasting and Wireless Communications 750 334290 Other Communications Equipment Manufacturing 750 513321 513322 513330

- Paging

- Cellular and Other Wireless Telecommunications (pt)

- Telecommunications Resellers (pt)

1,500 1,500 1,500

513310 513330 513340

- Wired Telecommunications Carriers (pt)

- Telecommunication Resellers (pt)

- Satellite Telecommunications (pt)

1,500 1,500 $11.0

513310 Wired Telecommunications Carriers (pt) 1,500

513322 513340 513390

- Cellular and Other Wireless Telecommunications (pt)

- Satellite Telecommunications (pt)

- Other Telecommunications

1,500 $11.0 $11.0

443120 Computer and Software Stores (pt) – Retail $6.5 532420 Office Machinery and Equipment Rental and Leasing (pt) $18.0 541511 Custom Computer Programming Services $18.0 511210 Software Publishers $18.0 541512 Computer Systems Design Services (pt) $18.0 514210 Data Processing Services $18.0 514191 On-Line Information Services $18.0 541513 Computer Facilities Management Services $18.0 532420 Office Machinery and Equipment Rental and Leasing (pt) $18.0 443120 811212

- Computer and Software Stores (pt)

- Computer and Office Machine Repair and Maintenance (pt)

$6.5 $18.0

514210 541512 541519

- Data Processing Services (pt)

- Computer Systems Design Services (pt)

- Other Computer Related Services

$18.0 $18.0 $18.0

514210 Data Processing Services (pt) $18.0 611420 Computer Training, except Computer Repair $6.0

SOLICITATION FCIS-JB-980001B -- REFRESH #10 (Issued 10/1/2002) PAGE 9 OF 143 PAGES

c. In the chart below, Offeror should indicate the NAICS code for each SIN(s) being offered. If multiple codes are available for each SIN, insert only one NAICS, as it relates to the code that is expected to have the majority of sales.

Special Item Number (SIN) NAICS Code

132-3 Leasing of Product

132-4 Daily / Short Term Rental

132-8 Purchase of Equipment

132-12 Maintenance of Equipment, Repair Service and/or Repair/Spare Parts

132-32 Term Software License

132-33 Perpetual Software License

132-34 Maintenance of Software

132-50 Training

132-51 Professional Information Technology Services

132-52 Electronic Commerce Services

132-53 Wireless Services

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B. SCHEDULE OF ITEMS

B.1 ESTIMATED SALES (B-FSS-96) (Jul 2001)

The figures shown below reflect the approximate purchases made by Special Item Number (SIN), in dollars, for the period July 1, 2000 through June 30, 2001, as reported by Contractors, based upon total sales under the Information Technology Schedule.

Special Item No. 132-3 Leasing of Product $ 106,277,488 Special Item No. 132-4 Daily / Short Term Rental $ 767,488 Special Item No. 132-8 Purchase of Equipment $ 2,822,879,012 Special Item No. 132-12 Maintenance of Equipment, Repair Service, and

Repair Parts/Spare Parts $ 466,773,426 Special Item No. 132-32 Term Software Licenses $ 52,243,602 Special Item No. 132-33 Perpetual Software Licenses $ 689,342,291 Special Item No. 132-34 Maintenance of Software $ 414,569,466 Special Item No. 132-50 Training Courses $ 112,947,627 Special Item No. 132-51 Information Technology Professional Services $ 5,958,032,534 Special Item No. 132-52 Electronic Commerce Services $ 10,848,285 Special Item No. 132-53 Wireless Services $ 1,264,101

Total Estimated Sales (All Special Item Numbers) $ 10,635,945,320

B.2 PRODUCTS AND SERVICES OFFERED/SCHEDULE OF ITEMS

(BLOCKS 19 & 20, STANDARD FORM 1449) (Jul 2001)

Insert an "X" on the applicable line for each Special Item Number/FSC Class/FPDS Code offered.

SPECIAL ITEM NO. 132-3 LEASING OF PRODUCT (FPDS Code W070)

SPECIAL ITEM NO. 132-4 DAILY / SHORT TERM RENTAL (FPDS Code W070)

SPECIAL ITEM NO. 132-8 PURCHASE OF EQUIPMENT

FSC CLASS 7010 - SYSTEM CONFIGURATION

End User Computers/Desktop Computers

Professional Workstations

Servers

Laptop/Portable/Notebook Computers

Large Scale Computers

Optical and Imaging Systems

Other System Configuration Equipment Not Elsewhere Classified. Provide specific information:

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FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES

Printers

Displays

Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens

Network Equipment

Other Communications Equipment

Optical Recognition Input/Output Devices

Storage Devices, including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage

Other Input/Output and Storage Devices Not Elsewhere Classified. Provide specific information:

FSC CLASS 7035 - ADP SUPPORT EQUIPMENT

ADP Support Equipment

FSC CLASS 7042 - MINI AND MICRO COMPUTER CONTROL DEVICES

Microcomputer Control Devices

Telephone Answering and Voice Messaging Systems

FSC CLASS 7050 - ADP COMPONENTS

ADP Boards

FSC CLASS 5995 - CABLE, CORD, AND WIRE ASSEMBLIES: COMMUNICATIONS EQUIPMENT

Communications Equipment Cables

FSC CLASS 6015 - FIBER OPTIC CABLES

Fiber Optic Cables

FSC CLASS 6020 - FIBER OPTIC CABLE ASSEMBLIES AND HARNESSES

Fiber Optic Cable Assemblies and Harnesses

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FSC CLASS 6145 - WIRE AND CABLE, ELECTRICAL

Coaxial Cables

FSC CLASS 5805 - TELEPHONE AND TELEGRAPH EQUIPMENT

Telephone Equipment

Audio and Video Teleconferencing Equipment

FSC CLASS 5810 - COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS

Communications Security Equipment

FSC CLASS 5815 - TELETYPE AND FACSIMILE EQUIPMENT

Facsimile Equipment (FAX)

FSC CLASS 5820 - RADIO AND TELEVISION COMMUNICATION EQUIPMENT, EXCEPT AIRBORNE

Two-Way Radio Transmitters/Receivers/Antennas

Broadcast Band Radio Transmitters/Receivers/Antennas

Microwave Radio Equipment/Antennas and Waveguides

Satellite Communications Equipment

FSC CLASS 5821 - RADIO AND TELEVISION COMMUNICATION EQUIPMENT, AIRBORNE

Airborne Radio Transmitters/Receivers

FSC CLASS 5825 - RADIO NAVIGATION EQUIPMENT, EXCEPT AIRBORNE

Radio Navigation Equipment/Antennas

FSC CLASS 5826 - RADIO NAVIGATION EQUIPMENT, AIRBORNE

Airborne Radio Navigation Equipment

FSC CLASS 5830 - INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS, EXCEPT AIRBORNE

Pagers and Public Address Systems (wired and wireless transmission, including background music systems)

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FSC CLASS 5841 - RADAR EQUIPMENT, AIRBORNE

Airborne Radar Equipment

FSC CLASS 5895 - MISCELLANEOUS COMMUNICATION EQUIPMENT

Miscellaneous Communications Equipment

Provide the following information, as applicable, for the products offered under Special Item Number 132-8:

Special Physical, Visual, Speech, and Hearing Aid Equipment. Provide specific information:

Used Equipment. Provide specific information:

Installation for equipment offered under SIN 132-8 (FPDS Code N070)

Deinstallation for equipment offered under SIN 132-8 (FPDS Code N070)

Reinstallation for equipment offered under SIN 132-8 (FPDS Code N070)

NOTE: INSTALLATION MUST BE INCIDENTAL TO, IN CONJUNCTION WITH AND IN DIRECT

SUPPORT OF THE PRODUCTS SOLD UNDER SIN 132-8 OF THIS CONTRACT AND CANNOT

BE PURCHASED SEPARATELY. IF THE CONSTRUCTION, ALTERATION OR REPAIR IS

SEGREGABLE AND EXCEEDS $2,000, THEN THE REQUIREMENTS OF THE DAVIS-BACON

ACT APPLY.

NOTE: VENDORS OFFERING PURCHASE OF EQUIPMENT ARE REQUIRED TO PROVIDE

MAINTENANCE SERVICE AND/OR REPAIR SERVICE AND REPAIR PARTS, IN

ACCORDANCE WITH NORMAL INDUSTRY PRACTICES, FOR THE TYPE OF EQUIPMENT

OFFERED, FOR THE SCOPE OF THE CONTRACT (i.e., AT A MINIMUM, THE 48 CONTIGUOUS

STATES AND THE DISTRICT OF COLUMBIA).

SPECIAL ITEM NO. 132-12 MAINTENANCE OF EQUIPMENT, REPAIR SERVICE, AND REPAIR

PARTS/SPARE PARTS (FPDS Code for Maintenance and Repair Service - J070; FSC Class for Repair Parts/Spare Parts - See FSC Class for basic equipment)

Specify what is being offered:

Maintenance

Repair Service

Repair Parts/Spare Parts

Third Party Maintenance

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SPECIAL ITEM NO. 132-32 TERM SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific information:

Microcomputers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific information:

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SPECIAL ITEM NO. 132-33 PERPETUAL SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific information:

Microcomputers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific information:

Note: Contractors are encouraged to offer Special Item No. 132-34 Maintenance of Software in conjunction with Special Item Nos. 132-32 Term Software Licenses and/or 132-33 Perpetual Software Licenses.

SPECIAL ITEM NO. 132-34 MAINTENANCE OF SOFTWARE

SPECIAL ITEM NO. 132-50 TRAINING COURSES FOR INFORMATION TECHNOLOGY

EQUIPMENT AND SOFTWARE (FPDS Code U012)

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SPECIAL ITEM NO. 132-51 INFORMATION TECHNOLOGY PROFESSIONAL SERVICES

IT Facility Operation and Maintenance (FPDS CODE D301)

IT Systems Development Services (FPDS CODE D302)

IT Systems Analysis Services (FPDS Code D306)

Automated Information Systems Design and Integration Services (FPDS Code D307)

Programming Services (FPDS Code D308)

IT Backup and Security Services (FPDS Code D310)

IT Data Conversion Services (FPDS Code D311)

Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) Services (FPDS Code D313)

IT Network Management Services (FPDS Code D316)

Automated News Services, Data Services, or Other Information Services (FPDS Code D317)

Other Information Technology Services, Not Elsewhere Classified (FPDS Code D399)

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: Offerors and Agencies are advised that the Group 70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents.

SPECIAL ITEM NO. 132-52 ELECTRONIC COMMERCE SERVICES FPDS CODE D304 - ADP AND

TELECOMUNICATIONS TRANSMISSION SERVICES

Value Added Network Services (VANS)

E-Mail Services

Internet Access Services

Navigation Services

FPDS CODE D399 - OTHER DATA TRANSMISSION SERVICES, NOT ELSEWHERE CLASSIFIED

(except "Voice" and Pager Transmission Services)

Note: Electronic Commerce Services are not intended to supersede or be substituted for any voice requirements of FTS2001.

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SPECIAL ITEM NO. 132-53 WIRELESS SERVICES (FPDS CODE D304) Excluding local and long distance voice, data, video, and dedicated transmission services which are NOT mobile.)

Paging Services

Cellular/PCS Voice Services

NOTE TO DEALERS: For products and/or services proposed under each Special Item Number, list on an attachment to B.2, the names of the manufacturers of the products/services being offered, in the format indicated below. (Failure to provide this information could result in no further consideration being given to any unlisted manufacturers/products and/or services.)

EXAMPLE: MANUFACTURER FSC CLASS/FPDS CODE

Special Item Number 132-8 Purchase of Equipment

ABC Corporation 7010 XYZ Inc. 5820

Special Item Number 132-33 Perpetual Software Licenses

DEF Inc. 7030

NOTE: The following ARE EXCLUDED from the Information Technology Schedule:

i. Radar Equipment (except airborne radar equipment).

Offers for radar equipment (other than airborne radar equipment) must be made under Federal Supply Schedule 581.

Contact Mr. Jim Concannon at (215) 656-3855.

ii. Electrical Equipment - e.g., Uninterruptible Power Supplies, Computer Back-Up Power Systems, Surge Suppressers, Power Line Conditioners, Surge Absorbers, etc. may be offered under this solicitation only in conjunction with the IT equipment these devices support. Offers which are limited to the electrical equipment cited above should be made under Federal Supply Schedule 539. Contact Ms. Scheryl McBride at (817) 978-2792.

iii. Training Courses for products which are outside the scope of this Schedule.

iv. Diskettes, Disk Cartridges, Disk Packs, Tape Cartridges, Tapes, and Optical Disks, may be offered only in conjunction with the hardware devices which utilize these supply items. Offers which do not include the hardware devices may be made under Federal Supply Schedule 75IIA. Contact the Business Management Division of Office Supplies and Paper Center at (212)264-0868.

v. Carrying cases, except one per portable CPU purchase.

vi. RESERVED.

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vii. Subscription services for databases on magnetic media and/or on optical disk. Contact Ms. Mary Ann DeFeo on (212)264-2306.

viii. Any products which are not U.S. Made End Products, Designated Country End Products, Caribbean Basin Country End Products, Canadian End Products, or Mexican End Products in accordance with FAR 25.402(c) and General Services Administration Acquisition Regulation (GSAR) 525.402(a).

ix. Any products or services that are not "commercial" as defined in accordance with FAR 52.202-1(c).

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C. CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4) (FEB 2002)

(TAILORED)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233- 1, Disputes [DEC 1998], which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions [DEC 2001], is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) (1) Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice must include-

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any discount for prompt payment offered;

(7) Name and address of official to whom payment is to be sent;

(8) Name, title, and phone number of person to be notified in event of defective invoice; and

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(9) Taxpayer Identification Number (TIN). The Contractor shall inlcude its TIN on the invoice only if required elsewhere in this contract.

Electronic Funds Transfer (EFT) banking information. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33. Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and the Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. If the Government makes payment by Electronic Funds Transfer (EFT), see 52.212-5(b) [SEE D.1] for the appropriate EFT clause. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the Government agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption. See FAR clauses 52.229-1 State and Local Taxes [SEE C.2]; 52.229-3 Federal, State, and Local Taxes [SEE C.2]; and 52.229-5 Taxes—Contracts Performed in U.S.

Possessions or Puerto Rico [SEE C.2] which are incorporated by reference.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with…