Federal Supply Schedule GS35F4153D
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Intelligent Decisions, Inc. Page 1 (703) 554-1600
AUTHORIZED FEDERAL SUPPLY SERVICE
INFORMATION TECHNOLOGY SCHEDULE PRICELIST
GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY
EQUIPMENT, SOFTWARE AND SERVICES
132-3 LEASING OF EQUIPMENT
132-8 PURCHASE OF EQUIPMENT
FSC CLASS 7010 – SYSTEM CONFIGURATION
End User Computer/Desktop Professional Workstations Servers Laptop/Portable/Notebook Computers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Equipment, Not Classified Elsewhere
FSC CLASS 7025 – INPUT/OUTPUT AND STORAGE
DEVICES
Printers Display 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 and
Optical Disk Storage Other Input/Output and Storage Devices Not Classified Elsewhere
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
Communication Equipment Cable
FSC CLASS 6015 – FIBER OPTIC CABLES
Fiber Optic Cable
FSC CLASS 6020 – FIBER OPTIC CABLE ASSEMBLIES &
HARNESSES
Fiber Optic Cable Assemblies and Harnesses
FSC CLASS 6145 – WIRE AND CABLE, ELECTRICAL
Coaxial Cable
FSC CLASS 5810 – COMMUNICATIONS SECURITY
EQUIPMENT AND COMPONENTS
Communications Security Equipment
SIN 132-12 – MAINTENANCE, REPAIR SERVICE AND
REPAIR PARTS/SPARE PARTS
FPDS Code J070 – Maintenance and Repair Repair Parts/Spare Parts – See FSC Class for basic equipment
- Maintenance
- Repair Service
- Repair Parts/Spare Parts
- Third Party Maintenance
SIN 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
Microcomputers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software
SIN 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
Microcomputers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software
SIN 132-34 – MAINTENANCE OF SOFTWARE
Maintenance Repair Service Repair Parts/Spare Parts Third Party Maintenance
Intelligent Decisions, Inc. Page 2 (703) 554-1600
SIN 132-50 – TRAINING COURSES FOR
INFORMATION TECHNOLOGY EQUIPMENT AND
SOFTWARE
(FPDS Code U012)
SIN 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 Automated News Services, Data
Services, or Other Information Services
FPDS Code D399 Other Information Technology Services, Not Classified Elsewhere
SIN 132-52 – ELECTRONIC COMMERCE (EC)
SERVICES
FPDS Code D304 Value Added Network Services
(VANs) FPDS Code D304 E-Mail Services FPDS Code D304 Internet Access Services FPDS Code D304 Navigation Services FPDS Code D399 Other Data Transmission Services, Not Classified Elsewhere
SIN 132-53 TELECOMMUNICATION TRANSMISSION
SERVICES
(FPDS Code D304) Excluding local and long distance voice, data, video, and dedicated transmission services with are NOT mobile.
FPDS Code D304 Paging Services FPDS Code D304 Cellular/PCS Voice Services
SIN 132-100 ANCILLARY SUPPLIES AND/OR
SERVICES
NOTES
SIN 132-8: 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. In applying the Davis Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, as applicable.
SIN 132-32: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of the implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents.
SIN 132-32 &
SIN 132-33: Offers are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interfaces may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified to an interface registered in the component registry located at http://www.core.gov.
SIN 132-51: 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.
SIN 132-51: 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
Intelligent Decisions, Inc. Page 3 (703) 554-1600 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.
SIN 132-52: Electronic Commerce Services are not intended to supersede or be substitute for any voice requirements of
FTS2001.
SIN 132-100: Ancillary supplies and/or services are support supplies and services which are not within the scope of any other SIN on this schedule. These supplies and/or services may only be ordered in conjunction with or in support of supplies and/or services purchased under another SIN(s) in this solicitation to provide a solution to a customer requirement.
This SIN may be used for orders and blanket purchase agreements that involve work or a project that is solely associated with the supplies and/or services purchased under this schedule. This SIN EXCLUDES purchases that are exclusively for supplies and/or services already available under another schedule and is limited to information technology (IT) products and/or services.
Special Instructions: The work performed under this SIN shall be associated with existing SINs that are part of this schedule. Ancillary supplies and/or services shall not be the primary purpose of the work ordered, but be an integral part of the total solution offered. Ancillary supplies and/or services may only be ordered in conjunction with or in support of supplies and/or services purchased under another SIN in this schedule. Contractors may be required to provide additional information to support a determination that their proposed ancillary supplies and/or services are commercially offered in support of one or more SINs under this schedule.
INTELLIGENT DECISIONS, INC.
21445 Beaumeade Circle Ashburn, Virginia 20147
(703) 802-5959 or 800-565-2171 (toll free)
(703) 554-1899 (fax) www.intelligent.net
Contract Number: GS-35F-4153D Period Covered by Contract: May 09, 1996— May 08, 2016
General Services Administration Federal Supply Service
Pricelist current through Modification #PO-1895, February 24, 2016 Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing GSA’s Home Page via Internet at www.gsaadvantage.gov.
Intelligent Decisions, Inc. Page 4 (703) 554-1600
TABLE OF CONTENTS
INFORMATION FOR ORDERING OFFICES
TERMS AND CONDITIONS APPLICABLE TO LEASING OF GENERAL PURPOSE COMMERCIAL INFORMATION
TECHNOLOGY EQUIPMENT (SPECIAL ITEM 132-3)
TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE
COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (SPECIAL ITEM 132-8)
TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM 132-12)
TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSE (SPECIAL ITEM NUMBER 132-32) AND PERPETUAL SOFTWARE LICENSE (SPECIAL ITEM 132-33) AND MAINTENANCE (SPECIAL ITEM 132-34) OF GENERAL
PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE
TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 132-50)
TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM 132-51) AND ELECTRONIC COMMERCE (EC) SERVICES (SPECIAL ITEM 132-52)
TERMS AND CONDITIONS APPLICABLE TO TELECOMMUNICATION TRANSMISSION SERVICES
(SPECIAL ITEM 132-53)
SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS …………………………...……………………………… 51
BLANKET PURCHASE AGREEMENTS ……………………………………………………………………………………………. 52
CONTRACTOR TEAM ARRANGEMENTS …..…………………………………………………………………………………….. 54
INTELLIGENT DECISIONS, INC.’S GSA FSS AUTHORIZED IT SCHEDULE PRICELIST
APPENDIX I – END USER LICENSE AGREEMENTS……………………………………..………………………………………137
INFORMATION FOR ORDERING OFFICES
Intelligent Decisions, Inc. Page 5 (703) 554-1600
SPECIAL NOTICE TO AGENCIES:
Small Business Participation
SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals.
For orders exceeding the micro purchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!TM on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!TM and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.
This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination.
For orders exceeding the micro purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.
1. GEOGRAPHIC SCOPE OF CONTRACT:
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC and US Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. The geographic scope of this contract is domestic delivery.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories.
2. CONTRACTOR’S ORDERING ADDRESS:
Intelligent Decisions, Inc.
21445 Beaumeade Circle Ashburn, Virginia 20147 (703)802-5959 /800-565-2171(voice)
(703) 554-1899 (fax)
CONTRACTOR’S SERVICE AREA: All Government locations within the scope of the contract.
CONTRACTOR’S PAYMENT ADDRESS:
For Products: Intelligent Decisions, Inc. For Services: Intelligent Decisions, Inc.
PO Box 759429 ATTN: Professional Services Group Baltimore, MD 21275-9429 PO Box 759429
Baltimore, MD 21275-9429
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. The card may be used for payment in excess of this threshold if the using agency and contractor agree.
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:
(703)802-5959 / (800)565-2171(toll free)
When Authorized Dealers are allowed by the Contractor to bill ordering activities and accept payment, the order and/or payment must be in the name of the Contractor, in care of the Authorized Dealer.
Intelligent Decisions, Inc. Page 6 (703) 554-1600
3. LIABILITY FOR INJURY OR DAMAGE
The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.
4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF
STANDARD FORM 279
Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS): 61-8563720 Block 30: Type of Contractor: Small Business Block 31: Woman-Owned Small Business: No Block 36: Contractor’s Taxpayer Identification Number (TIN): Contact ID’s Accounting office for this number
a. Cage Code: 0PF98
b. Contractor has registered with the Central Contractor Registration Database.
5. FOB DESTINATION
When deliveries are made to destinations outside the 48 contiguous States, i.e., Alaska, Hawaii, the Commonwealth of Puerto Rico, and such overseas locations as specified, and are not covered the following conditions will apply:
a. Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the transportation charges to be paid by the Government from the point of exportation to destination in Alaska, Hawaii, the Commonwealth of Puerto Rico, and such overseas locations specified, as designated by the ordering office.
The Contractor shall add the actual cost of transportation to destination from the point of exportation in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be based upon the lowest regularly established rates on file with the Interstate Commerce Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body, or those published by the U.S. Postal Service; and must be supported by paid freight or express receipt or by a statement of parcel post charges including weight of shipment.
b. The right is reserved to ordering agencies to furnish Government bills of lading. Ordering offices will be required to pay differential between freight charges and express charges where express deliveries are desired by the Government.
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.
Items or Groups of Items (SIN or Nomenclature) 132-3 132-8
132-12 132-32 132-33 132-34 132-50 132-51 132-52 132-53
132-100
Delivery Time (Days ARO) As negotiated
30 days As negotiated
30 days 30 days
As negotiated As Negotiated As negotiated As negotiated As negotiated
30 days
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
Intelligent Decisions, Inc. Page 7 (703) 554-1600 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.
a. Prompt Payment: None -NET 30 days from receipt of invoice or date of acceptance, whichever is later.
b. Quantity: None
c. Dollar Volume: None
d. Government Educational Institutions: Government Educational Institutions are offered the same discounts as all other Government customers.
e. Other: None
8. TRADE AGREEMENTS ACT OF 1979, AS AMENDED: All items are U.S. made end products, designated country 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. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: Export packing is available at extra cost outside the scope of this contract.
10. SMALL REQUIREMENTS: The minimum dollar value of orders to be issued is $100.00.
11. MAXIMUM ORDER: (All dollar amounts are exclusive of any discount for prompt payment.)
a. Special Item 132-3 — Leasing of Equipment The maximum dollar value per order for all leased equipment will be $500,000
b. Special Item 132-8 - Purchase of Equipment The maximum dollar value per order for all purchased equipment will be $500,000
c. Special Item 132-12 - Repair Parts/Spare Parts The maximum dollar value per order for all repair parts/spare parts will be $500,000
d. Special Item 132-32 – Term Software License The maximum dollar value per order for all perpetual software licenses will be $500,000
e. Special Item 132-33 - Perpetual Software License The maximum dollar value per order for all perpetual software licenses will be $500,000
f. Special Item 132-34 — Maintenance of Software The maximum dollar value per order for all maintenance of software will be $500,000
g. Special Item 132-50 — Training Courses The maximum dollar value per order for all training courses will be $25,000
h. Special Item 132-51 - Information Technology (IT) Professional Services The maximum dollar value per order for all IT services will be $500,000
i. Special Item 132-52 — Electronic Commerce (EC) Services The maximum dollar value per order for all EC
Intelligent Decisions, Inc. Page 8 (703) 554-1600 services will be $500,000
j. Special Item 132-53 — Wireless Services The maximum dollar value per order for all wireless services will be $500,000
k. Special Item 132-100 – Ancillary Supplies and / or Services The maximum dollar value per order for all Ancillary Supplies and / or Services will be $500,000
12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS
Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.
a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.
13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION 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 (FIPS) or Federal Telecommunication 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 (NIST), 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 subscription 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 (FEDSTDS) should not be acquired unless a waiver has been granted in accordance with the applicable “FED-STD.” Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), 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 can be obtained by writing or calling the U.S.
Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.
14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001)
a. Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.
b. Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering
Intelligent Decisions, Inc. Page 9 (703) 554-1600 agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.
NOTE: Refer to FAR Part 31.205-46 Travel Costs, for allowable costs that pertain to official company business travel in regards to this contract.
c. Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.
d. Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.
e. Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel.
f. Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.
g. Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.
h. Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.
i. Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.
j. Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year.
Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.
15. CONTRACT ADMINISTRATION FOR ORDERING OFFICES: Any ordering activity, 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 (1) Termination for the ordering activity’s convenience and (m) Termination for Cause (See C.1).
16. GSA ADVANTAGE!: GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’ schedule prices with ordering information.
GSA Advantage! Will allow the user to perform various searches across all contracts including, but not limited to:
a. Manufacturer
b. Manufacturer’s Part Number; and
c. Product category(ies).
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 ITEMS
Intelligent Decisions, Inc. Page 10 (703) 554-1600
NOTE: Open Market Items are also known as incidental items, non-contract items, non-Schedule items, and items not on a Federal Supply Schedule contract.
For administrative convenience, an ordering activity 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., publicing (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 activity 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 representations 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 installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia.
Upon request of the contractor, the ordering activity may provide the contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity 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) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).
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, Industrial Funding Fee and Sales Reporting i.e., each contractor (team member) must report sales and remit the 1FF for all products and services provided under its individual contract.
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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 received 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 ordering 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. 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: www.intelligent.net . The EIT standard can be found at:
www.Section508.gov/.
24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES
Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order:
a. A copy of the authorization from the ordering activity 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.
25. INSURANCE — WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (FAR 52.228-5)
a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
b. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective —
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
26. SOFTWARE INTEROPERABILITY.
Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface
Intelligent Decisions, Inc. Page 12 (703) 554-1600 registered in the component registry located at http://www.core.gov.
27. ADVANCE PAYMENTS
A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).
TERMS AND CONDITIONS APPLICABLE TO
LEASING OF GENERAL PURPOSE COMMERCIAL
INFORMATION TECHNOLOGY PRODUCTS
(SPECIAL ITEM NUMBER 132-3)
LEASE TYPES
The ordering activity will consider proposals for the following lease types:
a. Lease to Ownership,
b. Lease with Option to Own, and
c. Step Lease.
Orders for leased products must specify the leasing type.
OPTION 1:
1. STATEMENT
a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a lease arrangement.
Unless the ordering activity intends to obligate other than annual appropriations to fund the lease, the base period of the lease is from the date of the product acceptance through September 30 of the fiscal year in which the order is placed.
b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 Product Lease or Purchase and OMB Circular A-11. Agencies are responsible for the obligation of funding consistent with all applicable legal principles when entering into any lease arrangement.
2. FUNDING AND PERIODS OF LEASING ARRANGEMENTS
a. Annual Funding. When annually appropriated funds are cited on an order for leasing, the following applies:
(1) The base period of an order for any lease executed by the ordering activity shall be for the duration of the fiscal year. All ordering activity renewal options under the lease shall be specified in the delivery order.
All orders for leasing shall remain in effect through September 30 of the fiscal year or the planned expiration date of the lease, whichever is earlier, unless the ordering activity exercises its rights hereunder to acquire title to the product prior to the planned expiration date or unless the ordering activity exercise its right to terminate under FAR 52.212-4. Orders under the lease shall not be deemed to obligate succeeding fiscal year’s funds or to otherwise commit the ordering activity to a renewal.
(2) All orders for leasing shall automatically terminate on September 30, unless the ordering activity notifies the Contractor in writing thirty (30) calendar days prior to the expiration of such orders of the ordering activity’s intent to renew. Such notice to renew shall not bind the ordering activity. The ordering activity has the option to renew each year at the original rate in effect at the time the order is placed. This rate applies for the duration of the order. If the ordering activity exercises its option to renew, the renewal
Intelligent Decisions, Inc. Page 13 (703) 554-1600 order, shall be issued within 15 days after funds become available for obligation by the ordering activity, or as specified in the initial order. No termination fees shall apply if the ordering activity does not exercise an option.
b. Crossing Fiscal Years Within Contract Period. Where an ordering activity has specific authority to cross fiscal years with annual appropriations, the ordering activity may place an order under this option to lease product for a period up to the expiration of its period of appropriation availability, or twelve months, whichever occurs later, notwithstanding the intervening fiscal years.
3. DISCONTINUANCE AND TERMINATION
Notwithstanding any other provision relating to this SIN, the ordering activity may terminate products leased under this agreement, at any time during a fiscal year in accordance with the termination provisions contained in FAR 52.212-4. (l) Termination for the ordering activity’s convenience, or (m) Termination for cause. Additionally, no termination for cost or fees shall be charged for non-renewal of an option.
OPTION 2:
To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower discounts/prices based on the ordering activity’s stated intent to fulfill the projected term of a lease including option years, while at the same time inc luding separate charges for early end of the lease, the following terms apply. These terms address the timing and extent of the ordering activity’s financial obligation including any potential charges for early end of the lease.
1. LEASING PRICE LIST NOTICE:
Contractors must include the following notice in their contract price list for SIN 132-3:
“The ordering activity is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease.”
2. STATEMENT OF ORDERING ACTIVITY INTENT:
(a) The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order (the “Lease Term”). In that regard, the ordering Activity, as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering Activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a delivery order which shall, either through a statement of work or other attachment, specify the product being leased, and the required terms of the transaction.
(b) Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated. Contractor may request information from the ordering activity concerning the essential use of the products.
3. LEASE TERM:
(a) The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur, the products must operate in accordance with the product’s published specifications and statement of work. Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the ordering activity and the Contractor.
(b) Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order, which is typically 12 months, or for the remainder of the fiscal year.
Pursuant to FAR 32.703-3(b), delivery orders with options to renew that are funded by annual (fiscal year) appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial
Intelligent Decisions, Inc. Page 14 (703) 554-1600 base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement (DFAR) 232.703-3(b) in determining whether to use cross fiscal year funding. This cross fiscal year authority does not apply to multi-year leases.
(c) The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders, whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year (unless extended by statute), through any earlier expiration date specified in the delivery order, or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date. The ordering activity, at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds. The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis.
(d) Where an ordering activity’s specific appropriation or procurement authority provides for contracting beyond the fiscal year period, the ordering activity may place a delivery order for a period up to the expiration of the Lease Term, or to the expiration of the period of availability of the multi-year appropriation, or whatever is appropriate under the applicable circumstance.
4. LEASE TERMINATION:
(a) The ordering activity must elect the Lease Term of the relevant delivery order. The Contractor (and assignee, if any) will rely on the ordering activity’s representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein.
(i) The ordering activity may terminate or not renew leases under this option at no cost, pursuant to a Termination for Non-Appropriation as defined herein (see paragraph (c) below). In any other event, the ordering activity’s contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs (l) and (m).
(ii) The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease (see paragraph (d) below). In the event of termination for the convenience of the ordering activity, the ordering activity may be liable only up to the amount beyond the order’s Termination Ceiling. Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement.
(b) Termination for Convenience of the Ordering Activity: Leases entered into under this option may not be terminated except by the ordering activity’s contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (l), Termination for Convenience of the ordering activity. The costs charged to the ordering activity as the result of any Termination for Convenience of the ordering activity must be reasonable and may not exceed the sum of the fiscal year’s payment obligations less payments made to date of termination plus the Termination Ceiling
(c) Termination for Non-Appropriation: The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term. Nevertheless, the ordering activity’s contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if (a) it no longer has a bona fide need for the product or functionally similar product; or (b) there is a continuing need, but adequate funds have not been made available to the ordering activity in an amount sufficient to continue to make the lease payments. If this occurs, the ordering activity will promptly notify the Contractor, and the product lease will be terminated at the end
Intelligent Decisions, Inc. Page 15 (703) 554-1600 of the last fiscal year for which funds were appropriated. Substantiation to support a termination for non-appropriation shall be provided to the Contractor upon request.
(d) Termination Charges: At the initiation of the lease, termination ceilings will be established for each year of the lease term. The termination ceiling is a limit on the amount that a Contractor may be paid by the ordering activity on the Termination for Convenience of a lease. No claim will be accepted for future costs: supplies, maintenance, usage charges or interest expense beyond the date of termination. In accordance with the bona fide needs rule, all termination charges must reasonably represent the value the ordering activity received for the work performed based upon the shorter lease term. No Termination for Convenience costs will be associated with the expiration of the lease term.
(e) At the order level, the ordering activity may, consistent with legal principles, negotiate lower monthly payments or rates based upon appropriate changes to the termination conditions in this section.
LEASE PROVISIONS COMMON TO
ALL TYPES OF LEASE AGREEMENTS
1. ORDERING PROCEDURES:
(a) When an ordering activity expresses an interest in leasing a product(s), the ordering activity will provide the following information to the prospective Contractor:
(i) Which product(s) is (are) required.
(ii) The required delivery date.
(iii) The proposed lease plan and term of the lease.
(iv) Where the product will be located.
(v) Description of the intended use of the product.
(vi) Source and type of appropriations to be used.
(b) The Contractor will respond with:
(i) Whether the Contractor can provide the required product.
(ii) The estimated residual value of the product (Lease with Option to Own and Step Lease only).
(iii) The monthly payment based on the rate.
(iv) The estimated cost, if any, of applicable State or local taxes. State and local personal property taxes are to be estimated as separate line items in accordance with FAR 52.229-1, which may be identified and added to the monthly lease payment.
(v) A confirmation of the availability of the product on the required delivery date.
(vi) Extent of warranty coverage, if any, of the leased products.
(vii) The length of time the quote is valid.
(c) The ordering activity may issue a delivery order to the Contractor based on the information set forth in the Contractor’s quote. In the event that the ordering activity does not issued a delivery order within the validity period stated in the Contractor’s quote letter, the quote shall expire.
2. ASSIGNMENT OF CLAIMS:
GSAR 552.232-23, Assignment of Claims, is incorporated herein by reference as part of these lease provisions. The ordering activity’s contracting officer will acknowledge the assignment of claim for a lease in accordance with FAR 32.804-5. The extent of the assignee’s protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with FAR 32.803.
3. PEACEFUL POSSESSION AND UNRESTRICTED USE:
In recognition of the types of products available for lease and the potential adverse impact to the ordering activity’s mission, the ordering activity’s quiet and peaceful possession and unrestricted use of the product shall not be disturbed in the event the product is sold by the Contractor, or in the event of bankruptcy of the Contractor, corporate dissolution of the Contractor, or
Intelligent Decisions, Inc. Page 16 (703) 554-1600 other event. The product shall remain in the possession of the ordering activity until the expiration of the lease. Any assignment, sale, bankruptcy, or other transfer of the leased product by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the ordering activity’s duties or increase the burdens or risks imposed on the ordering activity.
4. COMMENCEMENT OF LEASE:
The date on which the ordering activity accepts the products is the Commencement Date of the lease. Acceptance is as defined elsewhere in the contract, or as further specified in the order.
5. INSTALLATION AND MAINTENANCE:
a. Installation and Maintenance, when applicable, normally are not included in the charge for leasing. The Contractor may require the ordering activity to obtain installation and maintenance services from a qualified source. The ordering activity may obtain installation and/or maintenance on the open market, from the Contractor’s schedule contract, or from other sources. The ordering activity may also perform installation and/or maintenance in house, if qualified resources exist.
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