TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY PROFESSIONAL
SERVICES
(Special Item 132-51)
1. SCOPE
a. The prices, terms and conditions stated under Special Item
Number 132-51 Information Technology Professional Services apply exclusively to IT
Services within the scope of this Information Technology Schedule.
b. The Contractor shall provide services at the Contractor’s facility and/or
at the Government location, as agreed to by the Contractor and the ordering office.
2. ORDERING PROCEDURES
a. Procedures for IT Professional Services priced on GSA schedule
at hourly rates.
(1) FAR 8.402 contemplates that GSA may occasionally find it
necessary to establish special ordering procedures for individual Federal Supply Schedules
or for some Special Item Numbers (SINs) within a Schedule. GSA has established special
ordering procedures for IT Professional services (SIN 132-51) that are priced on schedule
at hourly rates. These special ordering procedures which are outlined herein take
precedence over the procedures in FAR 8.404.
(2) GSA had determined that the rates for IT professional services contained in
this pricelist are fair and reasonable. However, the ordering office using this contract
is responsible for considering the level of effort and mix of labor proposed to perform a
specific task being ordered and for making a determination that the total firm-fixed price
or ceiling price is fair and reasonable.
(3) When ordering IT Professional services ordering offices shall—
(i) Prepare a Request for Quotation:
(A) A performance-based statement of work that outlines, at a
minimum, the work to be performed, location of work, period of performance, deliverable
schedule, applicable standards, acceptance criteria, and any special requirements (i.e.,
security clearances, travel, special knowledge, etc.) should be prepared.
(B) A request for quotation should be prepared which includes the
performance-based statement of work and requests the contractors submit either a
firm-fixed price or a ceiling price to provide the services outlined in the statement of
work. A firm-fixed price order shall be requested, unless the ordering office makes a
determination that it is not possible at the time of placing the order to estimate
accurately the extent or duration of the work or to anticipate cost with any reasonable
degree of confidence. When such determination is made, a labor hour or time-and-materials
proposal may be requested. The firm-fixed price shall be based on the hourly rates in the
schedule contract and shall consider the mix of labor categories and level of effort
required to perform the services described in the statement of work. The firm-fixed price
of the order should also include any travel costs or other incidental costs related to
performance of the services ordered, unless the order provides for reimbursement of travel
costs at the rates provided in the Federal Travel or Joint Travel Regulations. A ceiling
price must be established for labor hour and time and material orders.
(C) The request for quotation may request the contractors, if necessary or
appropriate, submit a project plan for performing the task and information on the
contractor’s experience and/or past performance performing similar tasks.
(D) The request for quotation shall notify the contractors what basis will be
used for selecting the contractor to receive the order. The notice shall include the basis
for determining whether the contractors are technically qualified and provide an
explanation regarding the intended use of any experience an/or past performance
information in determining technical acceptability of responses. If consideration will be
limited to schedule contractors who are small business concerns as permitted by paragraph
(ii) (A) below, the request for quotations shall notify the contractors that will be the
case.
(ii) Transmit the Request for quotation to Contractors:
(A) Based upon an initial evaluation of catalogs and pricelists, the ordering
office should identify the contractors that appear to offer the best value (considering
the scope of services offered, hourly rates and other factors such as contractors'
locations, as appropriate) . When buying IT professional services under SIN 132-51 ONLY,
the ordering office, at its discretion, may limit consideration to those schedule
contractors that are small business concerns. This limitation is not applicable when
buying supplies and/or services under other SINs as well as SIN 132-51. The limitation may
only be used when at least three (3) small businesses that appear to offer services that
will meet the agency's needs are available, if the order is estimated to exceed the
micro-purchase threshold.
(B) The request for quotation should be to three (3) contractors if the proposed
order is estimated to exceed the micro-purchase threshold, but not to exceed the maximum
order threshold. For proposed orders exceeding the maximum order threshold, the request
for quotation should be provided to additional contractors that offer services that will
meet the agency's needs. Ordering offices should strive to minimize the contractors' costs
associated with responding to requests for proposals for specific orders. Requests should
be tailored to the minimum level necessary for adequate evaluation and selection for order
placement.
(iii) Evaluate proposals and select the contractor to receive
the order:
After responses have been evaluated against the factors identified in the request for
quotation, the order should be placed with the schedule contractor that represents the
best value and results in the lowest overall cost alternative (considering price, special
qualifications, administrative costs, etc.) to meet the Government's needs.
(4) The establishment of Federal Supply Schedule Blanket Purchase
Agreements (BPAs) for recurring services is permitted when the procedures outlined herein
are followed All BPAs for services must define the services that may be ordered under the
BPA, along with delivery or performance time frames, billing procedures, etc. The
potential volume of orders under BPAs, regardless of the size of individual orders, may
offer the ordering office the opportunity to secure volume discounts. When establishing
BPAs ordering offices shall -
(i) Inform contractors in the request for quotation (based on the
agency's requirement) if a single EPA or multiple BPAs will be established, and indicate
the basis that will be used for selecting the contractors to be awarded the BPAs.
(A) SINGLE BPA: Generally, a single BPA should be established when the ordering
office can define the tasks to be ordered under the BPA and establish a firm-fixed price
or ceiling price for individual tasks or services to be ordered. When this occurs,
authorized users may place the order directly under the established EPA when the need for
service arises. The schedule contractor that represents the best value and results in the
lowest overall cost alternative to meet the agency's needs should be awarded the BPA.
(B) MULTIPLE BPAs: When the ordering office determines multiple BPAs are needed
to meet its requirements, the ordering office should determine which contractors can meet
any technical Qualifications before establishing the BPAs. When multiple BPAs are
established, the authorized users must follow the procedure in (3) (II) (B) above, and
then place the order with the schedule contractor that represents the best value and
results In the lowest overall cost alternative to meet the agency's needs.
(ii) Review BPAs periodically. Such reviews shall be conducted at least annually.
The purpose of the review is to determine whether the BPA still represents the best value
(considering price, special qualifications, etc.) and results in the lowest overall cost
alternative to meet the agency's needs.
(5) The ordering office should give preference to small business concerns when
two or more contractors can provide the services at the same firm-fixed price or ceiling
price.
(6) When the ordering office's requirement involves both products as well as IT
professional services, the ordering office should total the prices for the products and
the firm-fixed price for the services and select the contractor that represents the
greatest value in terms of meeting the agency's total needs.
(7) The ordering office, at a minimum, should document orders by identifying the
contractor the services were purchased from, the services purchased, and the amount paid.
If other than a firm-fixed price order is placed, such documentation should include the
basis for the determination to use a labor-hour or time-and-materials order. For agency
requirements in excess of the micro-purchase threshold, the order file should document the
evaluation of schedule contractors' proposals that formed the basis for the selection of
the contractor that received the order and the rationale for any trade-offs made in making
the selection.
b. Ordering Procedures for other services available on schedule at fixed prices for
specifically defined services or tasks.
Orders placed pursuant to a Multiple Award Schedule (MAS) using the procedures in FAR
8.404, are considered to be issued pursuant to full and open competition. Therefore, when
placing orders under Federal Supply Schedules, ordering offices need not seek further
competition, synopsize the requirement, make a separate determination of fair and
reasonable pricing, or consider small business set-asides in accordance with subpart 19.5.
GSA has already determined the prices of items under schedule contracts to be fair and
reasonable. By placing an order against a schedule using the procedures outlined below,
the ordering office has concluded that the order represents the best value and results in
the lowest overall cost alternative (considering price, special features, administrative
costs, etc.) to meet the Government's needs.
(1) Orders placed at or below the micro-purchase threshold.
Ordering offices can place orders at or below the micro-purchase threshold with any
Federal Supply Schedule Contractor.
(2) Orders exceeding the micro-purchase threshold but not exceeding the maximum
order threshold.
Orders should be placed with the Schedule Contractor that can
provide the supply or service that represents the best value. Before placing an order,
ordering offices should consider reasonably available information about the service
offered under MAS contracts by using the "GSA Advantage!" on-line shopping
service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors
and selecting the delivery and other options available under the schedule that meets the
agency's needs. In selecting the service representing the best value, the ordering office
may consider-(I) special features of the service that are required in effective program
performance and that are not provided by a comparable service; and (ii) past performance.
(3) Orders exceeding the maximum order threshold. Each schedule
contract has an established maximum order threshold. This threshold represents the point
where it is advantageous for the ordering office to seek a price reduction. In addition to
following the procedures in paragraph b, above, and before placing an order that exceeds
the maximum order threshold ordering offices shall--
(i) Review additional Schedule Contractors' catalogs/pricelists or use the
"GSA Advantage!" on-line shopping service;
(ii) Based upon the initial evaluation, generally seek price reductions from the
Schedule Contractor(s) appearing to provide the best value (considering price and other
factors) ; and
(iii) After price reductions have been sought, place the order with the Schedule
Contractor that provides the best value and results in the lowest overall cost
alternative. If further price reductions are not offered, an order may still be placed, if
the ordering office determines that it is appropriate.
NOTE: For orders exceeding the maximum order threshold, the Contractor may:
(A) Offer a new lower price for this requirement (the Price
Reductions clause is not applicable to orders placed over the maximum order in FAR
52.216-19 Order Limitations);
(B) Offer the lowest price available under the contract; or
(C) Decline the order (orders must be returned in accordance with FAR
52.216-19).
(4) Blanket purchase agreements (BPAs) . The
establishment of Federal Supply Schedule BPAs is permitted when following the ordering
procedures in FAR S .404. All schedule contracts contain BPA provisions. Ordering offices
may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs
should address the frequency of ordering and invoicing, discounts, and delivery locations
and times.
(5) Price reductions. In addition to the circumstances
outlined in paragraph (3) , above, there may be instances when ordering offices will find
it advantageous to request a price reduction. For example, when the ordering office finds
a schedule service elsewhere at a lower price or when a BPA is being established to fill
recurring requirements, requesting a price reduction could be advantageous. The potential
volume of orders under these agreements, regardless of the size of the individual order,
may offer the ordering office the opportunity to secure greater discounts. Schedule
Contractors are not required to pass on to all schedule users a price reduction extended
only to an individual agency for a specific order.
(6) Small business. For orders exceeding the
micro-purchase threshold, ordering offices should give preference to the items of small
business concerns when two or more items at the same delivered price will satisfy the
requirement.
(7) Documentation. Orders should be
documented, at a minimum, by identifying the Contractor the item was purchased from, the
item purchased, and the amount paid. If an agency requirement in excess of the
micro-purchase threshold is defined so as to require a particular brand name, product, or
feature of a product peculiar to one manufacturer, thereby precluding consideration of a
product manufactured by another company, the ordering office shall include an explanation
in the file as to why the particular brand name, product, or feature is essential to
satisfy the agency's needs.
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 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 office.
b. The Contractor agrees to render services only during normal working hours,
unless otherwise agreed to by the Contractor and the ordering office.
c. The Agency should include the criteria for satisfactory completion for each
task in the Statement of Work or Delivery Order. Services shall be completed in a good and
workmanlike manner.
d. Any Contractor travel required in the performance of IT/BC 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.
5. INSPECTION OF SERVICES
The Inspection of Services-Fixed Price (AUG 1996) clause at FAR 52.246-4 applies to
firm-fixed price orders placed under this contract. The Inspection-Time-and-Materials and
Labor-Hour (JAN 1986) clause at FAR 52.246-6 applies to time-and-materials and labor-hour
orders placed under this contract
6. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall comply with all laws, ordinances, and regulations (Federal, State,
City, or otherwise) covering work of this character.
7. RESPONSIBILITIES OF THE GOVERNMENT
Subject to security regulations, the ordering office shall permit Contractor access to
all facilities necessary to perform the requisite IT/SC Services.
8. INDEPENDENT CONTRACTOR
All IT/SC Services performed by the Contractor under the terms of this contract shall
be as an independent Contractor, and not as an agent or employee of the Government.
9. ORGANIZATIONAL CONFLICTS OF INTEREST
a. Definitions.
"Contractor" means the person, firm, unincorporated association, joint
venture, partnership, or corporation that is a party to this contract.
"Contractor and its affiliates" and "Contractor or its affiliates"
refers to the Contractor, its chief executives, directors, officers, subsidiaries,
affiliates, subcontractors at any tier, and consultants and any joint venture involving
the Contractor, any entity into or with which the Contractor subsequently merges or
affiliates, or any other successor or assignee of the Contractor.
An "Organizational conflict of interest" exists when the nature of the work
to be performed under a proposed Government contract, without some restriction on
activities by the Contractor and its affiliates, may either (I) result in an unfair
competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's
or its affiliates' objectivity in performing contract work.
b. To avoid an organizational or financial conflict of interest and to avoid
prejudicing the best interests of the Government, ordering offices may place restrictions
on the Contractors, its affiliates, chief executives, directors, subsidiaries and
subcontractors at any tier when placing orders against schedule contracts. Such
restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,
neutralize, or mitigate organizational conflicts of interest that might otherwise exist in
situations related to individual orders placed against the schedule contract. Examples of
situations, which may require restrictions, are provided at FAR 9.508.
10. INVOICES
The Contractor, upon completion of the work ordered, shall submit invoices for IT/EC
services. Progress payments may be authorized by the ordering office on individual orders
if appropriate. Progress payments shall be based upon completion of defined milestones or
interim products. Invoices shall be submitted monthly for recurring services performed
during the preceding month.
11. PAYMENTS
For firm-fixed price orders the Government shall pay the Contractor, upon submission of
proper invoices or vouchers, the prices stipulated in this contract for service rendered
and accepted. Progress payments shall be made only when authorized by the order. For
time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts
(Alternate I (APR 1984)) at FAR 52.232-7 applies to time-and-materials orders placed under
this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour
Contracts (FEB 1997) (Alternate II (JAN 1986)) at FAR 52.232-7 applies to labor-hour
orders placed under this contract.
12. RESUMES
Resumes shall be provided to the GSA Contracting Officer or the user agency upon
request.
13. INCIDENTAL SUPPORT COSTS
Incidental support costs are available outside the scope of this contract. The costs
will be negotiated separately with the ordering agency in accordance with the guidelines
set forth in the FAR
14. 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.
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