IT-70 - X-Eeto, Inc. - GS35F0556Y

GS-35F-0556Y

GSA Schedule GS-35F-0556Y Page 1 of 11

GENERAL SUPPLY SERVICES

FEDERAL SUPPLY SERVICES

AUTHORIZED

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create electronic delivery order are aviable through GSA Advantage!®, a menu-driven database system. The INTERNET address for GSA Advantage!® is GSAAdvantage.gov

INFORMATION TECHNOLOGY SCHEDULE 70

SPECIAL ITEM NUMBER 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

FPDS Code D301 IT Facility Operation and Maintenance FPDS Code D302 IT Systems Development Services FPDS Code D306 IT Systems Analysis Services FPDS Code D307 Automated Information Systems Design and Integration Services FPDS Code D308 Programming Services FPDS Code D310 IT Backup and Security Services FPDS Code D311 IT Data Conversion Services FPDS Code D313 Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) Services FPDS Code D316 IT Network Management Services FPDS Code D317 Creation/Retrieval of IT Related Automated News Services, Data Services, or

Other Information Services (All other information services belong under Schedule 76) FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified

Contract Number: GS-35F-0556Y

For more information on ordering from Federal Supply Schedules, click on the FSS schedules button at fss.gsa.gov.

Period Covered by Contract: 13 August 2012 thru 12 August 2022

X-EETO Inc.

2301 NW 87th Ave., Suite 503, Miami, FL 33172

Telephone: (305)594-4216 www.x-eeto.com

Business Size: Small Business.

GSA Schedule GS-35F-0556Y Page 2 of 11

CUSTOMER INFORMATION

1a. AWARDED SPECIAL ITEM NUMBER: 132-51, See Pricing List, along with labor categroies and descriptions below.

1b. IDENTIFICATION OF LOWEST PRICED MODEL NUMBER AND LOWEST UNIT PRICE FOR EACH SPECIAL ITEM NUMBER AWARDED IN THE CONTRACT. See price list below.

1c. CONTRACTOR’S HOURLY RATES, DESCRIPTION OF CORRESPONDING COMMERCIAL JOB

TITLES, EXPERIENCE, FUNCTIONAL RESPONSIBILITY AND EDUCATION, WHO WILL PERFORM

SERVICES IS PROVIDED BELOW.

X-EETO Inc. Labor Categories and Job Descriptions

Program Manager $154.63

Coordinates and monitors the scheduling, pricing, and technical performance of programs. Responsibilities also include aiding in the negotiation of contracts and contractual changes and coordinating preparations of proposals, plans, specifications, and financial conditions of contracts. Develops new business and expands product line. Ensures adherence to master plans and schedules develops solutions to program problems, and directs work of incumbents assigned to program from various departments. Ensures projects are completed on time and within budget. Acts as advisor to program team regarding projects, tasks, and operations. Familiar with standard concepts, practices, and procedures within a particular field. Relies on extensive experience and judgment to plan and accomplish goals.

Performs a variety of complex tasks. A certain Degree of creativity and latitude is required. Typically reports to a unit/department head.

Education and Experience. A Program Manager must have a Bachelor’s Degree in a related technical or business discipline and a minimum of ten years of experience in the field or in a related area. Fifteen years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Principal Engineer $141.52

Performs administrative functions such as reviewing and writing reports, approving expenditures, enforcing rules, and making decisions about the purchase of materials or services. Coordinates and directs projects, making detailed plans to accomplish goals and directing the integration of technical activities. Confer with management or staff to discuss project specifications or procedures. Recruits employees, assign, direct, and evaluate their work, and oversee the development and maintenance of staff competence. Develops and implements policies, standards and procedures for the engineering and technical work performed in the department, service, or firm. Reviews and recommends or approves contracts and cost estimates. Consults or negotiates with clients to prepare project specifications. Presents and explains proposals, reports, or findings to clients. Analyzes technology, resource needs, and market demand, to plan and assess the feasibility of projects. Prepares budgets, bids, and contracts, and direct the negotiation of contracts.

Sets goals within broad outlines provided by top management. Plans or directs the installation, testing, operation, maintenance, or equipment. May report to a supervisor or manager.

Education and Experience. A Principal Engineer must have a Bachelor’s Degree in a related technical or business discipline and minimum of six to eight years of experience in the field or in a related area. Eleven to thirteen years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Project Manager $114.86

Responsible for the completion of long-term projects. Performs design evaluations and works to complete projects within scheduling restraints. Develops, implements, and monitors information systems policies and controls to ensure

GSA Schedule GS-35F-0556Y Page 3 of 11 data accuracy, security, and regulatory compliance. Reviews reports of computer and peripheral equipment production, malfunction, and maintenance to determine and address problems. Familiar with a variety of the field's concepts, practices, and procedures. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks. May lead and direct the work of others. A wide Degree of creativity and latitude is expected. Typically reports to a supervisor or manager.

Education and Experience. A Project Manager must have a Bachelor’s Degree in a related technical or business discipline and minimum of six to eight years of experience in the field or in a related area. Eleven to thirteen years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Functional Area Expert (FAE) IV $120.60

Responsible for performing a broad range of tasks associated with implementation of standard techniques, procedures and/or criteria as they apply to the technical or administrative aspects of the program or functional area. Uses own knowledge and information supplied relative to the technical or administrative aspects of the program to perform technical studies and analyses and prepare input to program documentation as it relates to that particular functional area; review final documents or data deliverable to completeness and conformity to requirements. Organizes and maintains management files and other data deliverable files. Participates in meeting, design reviews, briefings, etc.

relating to the particular support function; identifies and reports on issues or related problems and potential risks;

recommends risk mitigation actions. Works independently, under general guidelines set by supervisor; modifies and/or adapts techniques and standard approaches to solve moderately difficult problems encountered.

Education and Experience. An FAE IV must have a Bachelor’s Degree in a related technical or business discipline and six years of experience within the general functional area with specialized experience working in the specialized functional area. Eleven years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Functional Area Expert (FAE) III $109.47

Responsible for performing routine assignment for a broad range of tasks associated with implementation of standard techniques, procedures and/or criteria as they apply to the technical or administrative aspects of the program or functional area. Using prescribed methods and information supplied develops draft inputs to program documentation as it relates to any of the support functions; review final draft documents for conformity to requirements and completeness. Organizes and maintains management files; tracks preparation and delivery status of data deliverables.

Attends meetings, design reviews, working groups and briefings; reports issues and problems; recommends solutions.

Work under general guidelines established by supervisor; receives overall instructions on specific assignments objectives, features, possible solutions, etc. Assistance is furnished on unusual problem and work is reviewed for consistency and completeness.

Education and Experience. An FAE III must have a Bachelor’s Degree in a related technical or business discipline and four years of experience within the general functional area with specialized experience working in the specialized functional area. Nine years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Functional Area Expert (FAE) II $95.52

Responsible for performing routine assignment on a range associated with implementation of standard techniques, procedures and/or criteria as they apply to the technical or administrative aspects of the program or functional area.

Uses information supplied to particular functional area; reviews final documents or data deliverable for completeness and conformity to requirements. Maintains management files and other data deliverable files. Participates in meetings, design reviews, briefings, etc. relating to the particular support function; identifies and reports on issues or related

GSA Schedule GS-35F-0556Y Page 4 of 11 problems and potential risks. Works under general guidelines set by supervisor; modifies and/or adapts techniques and standard approaches to solve moderately difficult problems encountered.

Education and Experience. An FAE II must have a Bachelor’s Degree in a related technical or business discipline and two years of experience within the general functional area with specialized experience working in the specialized functional area. Seven years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Functional Area Expert (FAE) I $88.73

Responsible for performing routine assignment on a range associated with implementation of standard techniques, procedures and/or criteria as they apply to the technical or administrative aspects of the program or functional area.

Using prescribed methods and information supplied, prepares draft inputs to program documentation as it relates to any of the support functions; reviews final draft documents for conformity to requirements and completeness. Maintains management files; tracks preparation and delivery status of data deliverables. Attends meetings, design review, working groups and briefings; reports issues and problems. Works under guidelines established by supervisor; receives instructions on specific assignment objectives, features, possible solutions, etc. Work is reviewed for consistency and completeness.

Education and Experience. An FAE I must have a Bachelor’s Degree in a related technical or business discipline and minimum two years of experience within the general functional area with specialized experience working in the specialized functional area. Between two to five years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Analyst IV $80.54

Possesses and applies a comprehensive knowledge across key tasks and high impact assignments. Plans and leads major technology assignments. Evaluates performance results and recommends major changes affecting short-term project growth and success. Functions as a technical expert across multiple project assignments. Provides analysis related to the design, development, and implementation of hardware for products. Develops test strategies, devices, and systems;

performs stress and performance tests on a variety of computer hardware including circuit boards, processors and wiring. Typically reports to a manager.

Education and Experience. An Analyst IV must have a Bachelor’s Degree in a related technical or business discipline and minimum of six to eight years of experience in the field or in a related area. Eleven to thirteen years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Analyst III $75.93

Possesses and applies expertise on multiple complex work assignments. Assignments may be broad in nature, requiring originality and innovation in determining how to accomplish tasks. Operates with appreciable latitude in developing methodology and presenting solutions to problems. Contributes to deliverables and performance metrics where applicable. Provides analysis related to the design, development, and implementation of hardware for products;

develops test strategies, devices, and systems; performs stress and performance tests on a variety of computer hardware including circuit boards, processors and wiring. A certain degree of creativity and latitude is required. Typically reports to a manager.

Education and Experience. An Analyst III must have a Bachelor’s Degree in a related technical or business discipline and minimum of four to six years of experience in the field or in a related area. Nine to eleven years of experience is required if candidate does not have a Bachelor Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

GSA Schedule GS-35F-0556Y Page 5 of 11

Analyst II $70.24

Possesses and applies knowledge on multiple work assignments. Contributes to deliverables and performance metrics where applicable. Provides analysis related to the design, development, and implementation of hardware for products;

develops test strategies, devices, and systems; performs stress and performance tests on a variety of computer hardware including circuit boards, processors and wiring. Typically reports to manager.

Education and Experience. An Analyst II must have an Associate's Degree in a related technical or business discipline and minimum of two to four years of experience in the field or in a related area. Seven to nine years of experience is required if candidate does not have an Associate's Degree. Although a security clearance is not required to perform in

Analyst I $65.53

Possesses and applies knowledge on multiple work assignments. Contributes to deliverables and performance metrics where applicable. Provides analysis related to the design, development, and implementation of hardware for products;

develops test strategies, devices, and systems; performs stress and performance tests on a variety of computer hardware including circuit boards, processors and wiring. Works under immediate supervision. Primary job functions do not typically require exercising independent judgment.

Education and Experience. An Analyst I must have an Associate's Degree in a related technical or business discipline and minimum of two years of experience in the field or in a related area. Five to seven years of experience is required if candidate does not have an Associate's Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Technician IV $60.83

Coordinates infrastructure support, installation, maintenance, testing, troubleshooting, and repairing of switches, cables, and other telecommunications equipment. Be familiar with a variety of the field's concepts, practices, and procedures to ensure and support all existing and new telecommunications. Ensure wiring and patching is properly installed and labeled in accordance with guidelines and standards. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks uninterrupted power supplies (UPS), switches, routers, and servers.

Leads and directs the work of others. A wide degree of creativity and latitude is expected. Typically reports to a manager.

Education and Experience. A Technician IV must have an Associate's Degree in a related technical or business discipline and minimum of five to seven years of experience in the field or in a related area. Five to seven years of experience is required if candidate does not have an Associate’s Degree. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

Technician III $56.33

Provides infrastructure support, installation, maintenance, testing, troubleshooting, and repairing of switches, cables, and other telecommunications equipment. Be familiar with a variety of the field's concepts, practices, and procedures to ensure and support all existing and new telecommunications. Ensure wiring and patching is properly installed and labeled in accordance with guidelines and standards. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks uninterrupted power supplies (UPS), switches, routers, and servers.

Works under general supervision. A certain degree of creativity and latitude is required.

Education and Experience. A Technician III must have a High School Diploma or its equivalent and minimum of four to six years of experience in the field or in a related area. Although a security clearance is not required to perform in

GSA Schedule GS-35F-0556Y Page 6 of 11

Technician II $47.81

Provides infrastructure support, installation, maintenance, testing, troubleshooting, and repairing of switches, cables, and other telecommunications equipment. Be familiar with a variety of the field's concepts, practices, and procedures to ensure and support all existing and new telecommunications. Ensure wiring and patching is properly installed and labeled in accordance with guidelines and standards. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks uninterrupted power supplies (UPS), switches, routers, and servers.

Works under general supervision.

Education and Experience. A Technician II must have a High School Diploma or its equivalent and minimum of two to four years of experience in the field or in a related area. Although a security clearance is not required to perform in

Technician I $41.63

Provides infrastructure support, installation, maintenance, testing, troubleshooting, and repairing of switches, cables, and other telecommunications equipment. Be familiar with a variety of the field's concepts, practices, and procedures to ensure and support all existing and new telecommunications. Ensure wiring and patching is properly installed and labeled in accordance with guidelines and standards. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks uninterrupted power supplies (UPS), switches, routers, and servers.

Works under general supervision.

Education and Experience. A Technician I must have a High School Diploma or its equivalent and minimum of two years of experience in the field or in a related area. Although a security clearance is not required to perform in the labor category, these individuals may possess a clearance up to and including Top SECRET (TS).

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

2. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.)

The Maximum Order for the Special Item Numbers (SINs) 132-51, Information Technology Professional Services is $500,000.

3. MINIMUM ORDER. The minimum dollar of orders to be issued is $ 100.00

4. GEOGRAPHIC COVERAGE. The Geographic Scope of Contract will be domestic and overseas delivery.

5. POINT(s) OF PRODUCTION (CITY, COUNTY, STATE OR FOREIGN COUNTRY). Not applicable

6. DISCOUNT FROM LIST PRICE OR STATEMENT OF NET PRICE. Prices shown are NET Prices; Basic Discounts have been deducted.

7. QUANTITY DISCOUNTS. None

8. PROMPT PAYMENT TERMS. None

9a. Government credit cards are accepted for payments equal to or less than the micro-purchase for oral or written orders under this contract

9b. The Contractor will accept credit card for dollar amounts over the micro-purchase threshold.

10. FOREIGN ITEMS. Not applicable.

GSA Schedule GS-35F-0556Y Page 7 of 11

11a. TIME OF DELIVERY. 30 days after receipt of order (ARO)

11b. EXPEDITED DELIVERY. Not applicable.

11c. OVERNIGHT AND 2-DAY DELIVERY. Not applicable

11d. URGENT REQUIREMENTS. When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities 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 activity, 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.

12. F.O.B. POINT(S). Delivery.

13a. ORDERING ADDRESS: 2301 NW 87th Ave., Suite 503, Miami, FL 33712

13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, and information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation 8.405.

14. PAYMENT ADDRESS. 2301 NW 87th Ave., Suite 503, Miami, FL 33172.

15. WARRANTY PROVISION. Not applicable.

16. EXPORT PACKING CHARGES, IF APPLICABLE. Not applicable.

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE (ANY

THRESHOLD ABOVE THE MICRO-PURCHASE LEVEL). Not applicable.

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE). Not applicable.

19. TERMS AND CONDITIONS OF INSTALLATION. Not applicable.

20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICE (IF APPLICABLE). Not applicable.

20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE). See next page.

21. LIST OF SERVICE AND DISCTRIBUTION POINTS (IF APPLICABLE). Not applicable.

22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE). Not applicable.

23. PREVENTIVE MAINTENANCE (IF APPLICABLE). Not applicable.

24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g., recycled content, energy efficiency, and/or reduced pollutants). Not applicable.

24b. SECTION 508 COMPLIANCE FOR EIT. X-EETO’s Contracts Office, 305-594-4216, admin@x-eeto.com.

The EIT standard can be found at: www.Section508.gov.

25. DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 155823441.

26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT(SAM).

X-EETO’s SAM registration is maintained and updated annually, or as soon as required. CAGE Code is 1QES2.

GSA Schedule GS-35F-0556Y Page 8 of 11

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT)

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51)

****NOTE: All non-professional labor categories must be incidental to, and used solely to support professional services, and cannot be purchased separately.

1. SCOPE

a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule.

b. The Contractor shall provide services at the Contractor’s facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity.

2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives (April 2000)

a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract.

b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

3. 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 (Deviation – May 2003) 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.

4. PERFORMANCE OF SERVICES

a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity.

b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity.

c. The ordering activity 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 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.

GSA Schedule GS-35F-0556Y Page 9 of 11

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES

In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007) for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I OCT 2008) (DEVIATION I – FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data

– General, may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services.

9. INDEPENDENT CONTRACTOR

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All IT Professional 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 ordering activity.

10. ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions.

“Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

“Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering 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 ordering activity, ordering activities 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 Professional services. Progress payments may be authorized by the ordering activity 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 ordering activity 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 at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition. As prescribed in 16.601(e)(3), insert the following provision:

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

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13. RESUMES

Resumes shall be provided to the GSA Contracting Officer or the user ordering activity 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 activity in accordance with the guidelines set forth in the FAR.

15. APPROVAL OF SUBCONTRACTS

The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order.

16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING

a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51 IT Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles (labor categories) for those individuals who will perform the service should be provided.

b. Pricing for all IT Professional Services shall be in accordance with the Contractor’s customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education.

The following is an example of the manner in which the description of a commercial job title should be presented:

EXAMPLE: Commercial Job Title: System Engineer

Minimum/General Experience: Three (3) years of technical experience which applies to systems analysis and design techniques for complex computer systems. Requires competence in all phases of systems analysis techniques, concepts and methods; also requires knowledge of available hardware, system software, input/output devices, structure and management practices.

Functional Responsibility: Guides users in formulating requirements, advises alternative approaches, conducts feasibility studies.

Minimum Education: Bachelor’s Degree in Computer Science