TERMS
AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT)
PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 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) The GSA has 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 a determination is made, a labor hour or
time-and-material 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
and/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 contractor’s 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 BPA 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 BPA 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 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 mirco-purchase threshold but not exceeding the
maximum order threshold. Orders should be placed with the Schedule Contractor that can
provide the supply or service that represents the best value.
Before placing an order, ordering offices should
consider reasonably available information about the supply or
service offered under MAS contracts by using the “GAS
Advantage!” on-line shopping service, or by reviewing the
catalogs/pricelists of at least three Schedule Contractors and
selecting the delivery and other options available under the
schedule that meets the agency’s needs.
In selecting the supply or service representing the
best value, the ordering office may consider — (i) special
features of the supply or 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
8.404. All
schedule contracts contain BPA provisions.
Ordering offices may use BPAs to establish accounts
with Contractors to fill recurring requirements.
BPAs should address the frequency of ordering and
invoicing, discounts, and delivery locations and times.
(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
supply or service elsewhere at a lower price or when a BPA is
being established to fill recurring requirements, requesting a
price reduction could be advantageous.
The potential volume of orders under these agreements,
regardless of the size of the individual order, may offer the
ordering office the opportunity to secure greater discounts.
Schedule Contractors are not required to pass on to all
schedule users a price reduction extended only to an
individual agency for a specific order.
(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.
Order 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, of 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
Contractor guarantees the satisfactory completion of the IT
Services performed under the task order and that all contract
personnel utilized in the performance of IT services under the
task order shall have the education, experience, and expertise
as stated in the task order.
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.
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 Services.
8.
INDEPENDENT
CONTRACTOR
All
IT 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 “Organization 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 of IT 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-material orders, the Payments under
Time-and-Material 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.
USA
COMMITMENT TO PROMOTE
SMALL
BUSINESS PARTICIPATION
PROCUREMENT
PROGRAMS
PREAMBLE
McLaughlin
Research Corporation provides commercial products and services
to the Federal Government.
We are committed to promoting participation of small,
small disadvantaged and women-owned small businesses in our
contracts. We
pledge to provide opportunities to the small business
community through reselling opportunities, mentor-protégé
programs, joint ventures, teaming arrangements, and
subcontracting.
COMMITMENT
To
actively seek and partner with small businesses.
To
identify, quality, mentor and develop small, small
disadvantaged, and women-owned small businesses by purchasing
from these businesses whenever practical.
To
develop and promote company policy initiatives that
demonstrate our support for awarding contracts and
subcontracts to small business concerns.
To
undertake significant efforts to determine the potential of
small, small disadvantaged and women-owned small business to
supply products and services to our company.
To
insure procurement opportunities are designed to permit the
maximum possible participation of small, small disadvantaged,
and women-owned small businesses.
To
attend business opportunity workshops, minority business
enterprise seminars, trade fairs, procurement conferences,
etc., to identify and increase small businesses with whom to
partner.
To
publicize in our marketing publications our interest in
meeting small businesses that may be interested in
subcontracting opportunities.
We
signify our commitment to work in partnership with small,
small disadvantaged, and women-owned small businesses to
promote and increase their participation in Federal Government
contracts. To
accelerate potential opportunities please contact:
Domenic Gargano
401-849-4010
401-846-2210 (Fax)
132 Johnnycake Hill Road
Middletown, RI 02842
Voice 401-849-4010, 800-556-7154,
Fax 401-847-9716
E-mail
mrc@mrcds.com
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