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 micropurchase threshold, FAR
8.404 requires agencies to consider the catalogs/price lists of at least three
schedule contractors or consider reasonably available information by using the
GSA Advantage!δ on-line
shopping service(www.fss.gsa.gov). The catalogs/price lists, GSA Advantage!δ 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 price lists for a best value
determination.
For
orders exceeding the micropurchase 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:
The
geographic scope of this contract encompasses the 48 contiguous states, Alaska, Hawaii, Puerto
Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes
a port or consolidation point, within the aforementioned areas, for order
received from overseas activities. The Geographic Scope of this Contract will
be domestic delivery only.
2. Contractor's Ordering Address and Payment
Information:
a.
The following
representative should be contacted for computer-to-computer electronic data
interchange (EDI) orders regarding establishment of an EDI interface:
Patrick E.
Weithers Telephone: 301-374-2534
Nu-Pulse Technologies, Inc.
P.O. Box 44299
Fort
Washington, MD 20749-4299
b.
The
representative for orders by facsimile transmission is as follows:
Patrick E. Weithers
Facsimile Transmission:
Fax no. 301-374-2584
c.
For mailed
orders, the postal mailing address where paper from orders should be mailed is
as follows:
Patrick E. Weithers
Nu-Pulse Technologies, Inc.
P.O. Box 44299
Fort
Washington, MD 20749-4299
Payment
Address
Payment Via Wire Transfer: Payment
Via Check/U.S. Mail:
Nu-Pulse Technologies, Inc. Nu-Pulse Technologies, Inc.
Bank of America MD P.O. Box 44299
6011
Oxon Hill Rd. Fort
Washington, MD 20749-4299
Oxon Hill, MD 20745-3027 Attn: Accts. Receivable
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. Government purchase cards will be acceptable for payment above the micro-purchase threshold. 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:
Technical
Information: Patrick Weithers, Technical
Support: 301-374-2534
Ordering
Information: Darlene Knight,
Contracts: 301-374-2534
3. LIABILITY FOR INJURY OR DAMAGE
The Contractor shall not be liable for any injury to
Government personnel or damage to Government 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)
Number:02-745-7709
Block 30: Type of Contractor- A. Small Disadvantaged
Business
Block 31: Woman-Owned
Small Business - No
Block 36: Contractor's Taxpayer
Identification Number (TIN) 52-2110215
4a. CAGE Code: 1KKD9
4b. Contractor
has registered with the Central Contractor Registration Database.
5. FOB Destination
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:
SPECIAL ITEM NUMBER DELIVERY
TIME (Days ARO)
132-51
30
a. 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 replay to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the
Contractor in writing.) If the Contractor offers an accelerated delivery time
acceptable to the ordering 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: Zero %
b. Quantity : None
c. Dollar Volume: None
d. Government Educational Institutions :
None
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:
Not applicable
10.
Small Requirements:
No minimum
value
11. Maximum Order: (All dollar amounts are exclusive of any discount for
prompt payment.)
a. Special Item Number 132-51 - Information Technology (IT)
Professional Services
The
maximum dollar value per order for all IT Professional services will be
$500,000.
12. USE OF FEDERAL SUPPLY SERVICE INFORMATION
TECHNOLOGY SCHEDULE CONTRACTS. In accordance with FAR 8.404:
[NOTE: Special ordering
procedures have been established for Special Item Numbers (SINs)
132-51 IT Professional Services; refer to the terms and conditions for those SINs.]
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
Governments needs.
a. 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.
b. 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 supply or service offered under MAS contracts by using the GSA
Advantage! on-line shopping service, or by reviewing the catalogs/price lists
of at least three Schedule Contractors and selecting the delivery and other
options available under the schedule that meets the agencys needs. In selecting the supply or service
representing the best value, the ordering office may consider--
(1)
Special features of the supply or service that are required
in effective program performance and that are not provided by a comparable
supply or service;
(2)
Trade-in
considerations;
(3)
Probable life
of the item selected as compared with that
of a
comparable item;
(4) Warranty considerations;
(5) Maintenance availability;
(6) Past performance; and
(7) Environmental and energy efficiency
considerations.
b. 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--
(1)
Review
additional Schedule Contractors catalogs/price lists
or
use the GSA Advantage! on-line shopping service;
(2) 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
(3) 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:
(1)
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);
(2) Offer the lowest price available under the
contract; or
(3) Decline the order (orders must be returned in
accordance with FAR 52.216-19).
d. 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.
e. Price reductions. In addition to the circumstances outlined in
paragraph c, 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.
f.
Small business.
For orders exceeding the micro-purchase threshold, ordering should give
preference to the items of small business concerns when two or more items at
the same delivered price will satisfy the requirement.
g.
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 agencys needs.
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 (FED-STDS) 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 LEnfant 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 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.
(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 Contractors 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 agencys order.
(h) Data/Deliverable
Requirements: Any required
data/deliverables at the ordering level will be as specified or negotiated in
the agencys order.
(i) Government-Furnished Property:
As specified by the agencys 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 Governments 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 office, 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 (l) Termination for the Governments convenience, and
(m) Termination for Cause (See C.1.) All non-professional labor categories must
be incidental to and used solely to support hardware, software and/or
professional services, and cannot be purchased separately. These labor
categories fall under the Service Contract Act (SAC). The rates listed in this
schedule are for on-site services.
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:
(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product categories.
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 INCIDENTAL, NON-SCHEDULE
ITEMS
NOTE: Open Market Items
are also known as incidental items, noncontract
items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and
should be treated at open market purchases.
Ordering Activities procuring open market items must follow FAR
8.401(d).
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., publicizing (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 price list outside the 48 contiguous states and the District of Columbia, except as indicated below:
The Services herein are available to overseas activities outside
the scope of this contract on an open market basis. They will be negotiated between Nu-Pulse
Technologies, Inc. and the Ordering Agency.
Upon request of the Contractor, the Government may provide
the Contractor with logistics support, as available, in accordance with all
applicable Government regulations. Such
Government 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)
Federal Acquisition
Regulation (FAR) 13.201(a) defines Blanket Purchase Agreements (BPAs) as
a simplified method of filling anticipated
repetitive needs for supplies or services by establishing charge accounts
with qualified sources of supply. The use of Blanket Purchase Agreements
under the Federal Supply Schedule Program is authorized in accordance with FAR
13.202(c)(3), which reads, in part, as follows:
BPAs
may be established with Federal Supply Schedule Contractors, if not
inconsistent with the terms of the applicable schedule contract.
Federal Supply
Schedule contracts contain BPA provisions to enable schedule users to maximize
their administrative and purchasing savings.
This feature permits schedule users to set up accounts with Schedule
Contractors to fill recurring requirements.
These accounts establish a period for the BPA and generally address
issues such as the frequency of ordering and invoicing, authorized callers,
discounts, delivery locations and times.
Agencies may qualify for the best quantity/volume discounts available
under the contract, based on the potential volume of business that may be
generated through such an agreement, regardless of the size of the individual
orders. In addition, agencies may be
able to secure a discount higher than that available in the contract based on
the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a
progressive type of discounting where the discount would increase once the
sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with
the new Maximum Order feature. See the
Suggested Format, contained in this Schedule Price list, for customers to
consider when using this purchasing tool.
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 IFF for all products and services provided under its individual
contract.
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:
The EIT standard can be found at: www.nu-pulse.com.
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. INSURANCEWORK ON A GOVERNMENT INSTALLATION
(JAN 1997)(FAR 52.228-5)
28.310
(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.
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 Contractors facility and/or at the Government location, as agreed to by
the Contractor and the ordering office.
2. PERFORMANCE
INCENTIVES
a. Performance
incentives may be agreed upon between the Contractor and the ordering activity on
individual fixed price orders or Blanket Purchase Agreements under this
contract in accordance with this clause.
b. The
ordering activity must establish a maximum performance incentive price for
these services and/or total solutions on individual orders or Blanket Purchase
Agreements.
c. Incentives
should be designed to relate results achieved by the contractor to specified
targets. To the maximum extent
practicable, ordering activities shall consider establishing incentives where
performance is critical to the ordering activitys mission and incentives are
likely to motivate the contractor.
Incentives shall be based on objectively measurable tasks.
3. ORDERING
PROCEDURES FOR SERVICES (REQUIRING A STATEMENT OF WORK) (G-FCI-920) (MAR 2003)
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 services that require a Statement of Work. These special ordering procedures take
precedence over the procedures in FAR 8.404 (b)(2) through (b)(3).
When ordering services over $100,000, Department of Defense
(DOD) ordering offices and non-DOD agencies placing orders on behalf of the DOD
must follow the policies and procedures in the Defense Federal Acquisition
Regulation Supplement (DFARS) 208.404-70 Additional ordering procedures for
services. When DFARS 208.404-70 is applicable
and there is a conflict between the ordering procedures contained in this
clause and the additional ordering procedures for services in DFARS 208.404-70,
the DFARS procedures take precedence.GSA has
determined that the prices for services contained in the contractors price
list applicable to this Schedule are fair and reasonable. However, the ordering activity 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.
(a) When ordering
services, ordering activities shall
(1) Prepare
a Request (Request for Quote or other communication tool):
(i) A statement of work (a performance-based statement of work is
preferred) 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.
(ii) The request
should include the statement of work and request the contractors to 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 activity 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-materials
proposal may be requested. The firm-fixed price shall be based on the 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-materials orders.
(iii) The request
may ask the contractors, if necessary or appropriate, to submit a project plan
for performing the task, and information on the contractors experience and/or
past performance performing similar tasks.
(iv) The request
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 qualification of responses. If consideration will be limited to schedule
contractors who are small business concerns as permitted by paragraph (2)
below, the request shall notify the contractors that will be the case.
(2) Transmit the
Request to Contractors:
Based upon an initial evaluation of catalogs and price
lists, the ordering activity should identify the contractors that appear to
offer the best value (considering the scope of services offered, pricing and
other factors such as contractors locations, as appropriate) and transmit the
request as follows:
NOTE: When buying IT
professional services under
SIN 13251 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 agencys needs are available, if the order is
estimated to exceed the micro-purchase threshold.
(i) The request should be provided to at least three (3)
contractors if the proposed order is estimated to exceed the micro-purchase
threshold, but not exceed the maximum order threshold.
(ii) For proposed
orders exceeding the maximum order threshold, the request should be provided to
additional contractors that offer services that will meet the ordering
activitys needs.
(iii) In
addition, the request shall be provided to any contractor who specifically
requests a copy of the request for the proposed order.
(iv) Ordering
activities should strive to minimize the contractors costs associated with
responding to requests for quotes for specific orders. Requests should be
tailored to the minimum level necessary for adequate evaluation and selection
for order placement. Oral presentations should be considered, when possible.
(3) Evaluate
Responses and Select the Contractor to Receive the Order:
After responses have been evaluated against the factors identified
in the request, the order should be placed with the schedule contractor that
represents the best value. (See FAR
8.404)
(b) 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 activity the opportunity to secure
volume discounts. When establishing BPAs, ordering
activities shall
(1) Inform
contractors in the request (based on the ordering activitys 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.
(i) SINGLE BPA: Generally, a single BPA should be established
when the ordering activity 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 should be awarded the BPA. (See
FAR 8.404)
(ii) MULTIPLE BPAs: When the ordering activity determines multiple BPAs are needed to meet its requirements, the ordering
activity should determine which contractors can meet any technical
qualifications before establishing the BPAs. When establishing the BPAs,
the procedures in (a)(2) above must be followed. The procedures at (a)(2) do not apply to
orders issued under multiple BPAs. Authorized users must transmit the request
for quote for an order to all BPA holders and then place the order with the
Schedule contractor that represents the best value.
(2) 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. (See FAR 8.404)
(c) The
ordering activity 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.
(d) When
the ordering activitys requirement involves both products as well as
executive, administrative and/or professional, services, the ordering activity
should total the prices for the products and the firm-fixed price for the
services and select the contractor that represents the best value. (See FAR 8.404)
(e) The
ordering activity, at a minimum, should document orders by identifying the
contractor from which the services were purchased, 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 ordering activity requirements in excess
of the micro-purchase threshold, the order file should document the evaluation
of Schedule contractors quotes 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.
4. ORDER
a. Agencies
may use written orders, EDI orders,
blanket purchase agreements, individual purchase orders, or task orders
for ordering services under this contract.
Blanket Purchase Agreements shall not extend beyond the end of the
contract period; all services and delivery shall be made and the contract terms
and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the
fiscal year for which funds are available shall include FAR 52.232-19
(Deviation May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the
availability of funds and the period for which funds are available.
b. All
task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order
and the contract, the contract will take precedence.
5. PERFORMANCE
OF SERVICES
a. The
Contractor shall commence performance of services on the date agreed to by the
Contractor and the ordering activity.
b. The
Contractor agrees to render services only during normal working hours, unless
otherwise agreed to by the Contractor and the ordering activity.
c. The
ordering activity should include the criteria for satisfactory completion for
each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike
manner.
d. Any
Contractor travel required in the performance of IT Services must comply with
the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect
on the date(s) the travel is performed. Established Federal Government per diem
rates will apply to all Contractor travel.
Contractors cannot use GSA city pair contracts.
6. STOP-WORK
ORDER (FAR 52.242-15) (AUG 1989)
(a) The Contracting Officer may,
at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the work called for by this contract for a period of 90
days after the order is delivered to the Contractor, and for any further period
to which the parties may agree. The order shall be specifically identified as a
stop-work order issued under this clause. Upon receipt of the order, the
Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the
order during the period of work stoppage. Within a period of 90 days after
a stop-work is delivered to the Contractor, or within any extension of that
period to which the parties shall have agreed, the Contracting Officer shall
either-
(1) Cancel
the stop-work order; or
(2) Terminate the work covered by the order
as provided in the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If
a stop-work order issued under this clause is canceled or the period of the
order or any extension thereof expires, the Contractor shall resume work. The
Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price, or both, and the contract shall be modified, in writing,
accordingly, if-
(1) The
stop-work order results in an increase in the time required for, or in the
Contractor's cost properly allocable to, the performance of any part of this
contract; and
(2) The
Contractor asserts its right to the adjustment within 30 days after the end of
the period of work stoppage; provided, that, if the Contracting Officer decides
the facts justify the action, the Contracting Officer may receive and act upon
the claim submitted at any time before final payment under this contract.
(c) If
a stop-work order is not canceled and the work covered by the order is
terminated for the convenience of the Government, the Contracting Officer shall
allow reasonable costs resulting from the stop-work order in arriving at the
termination settlement.
(d) If
a stop-work order is not canceled and the work covered by the order is
terminated for default, the Contracting Officer shall allow, by equitable
adjustment or otherwise, reasonable costs resulting from the stop-work order.
7. INSPECTION
OF SERVICES
The Inspection of ServicesFixed Price (AUG 1996) (Deviation
May 2003) clause at FAR 52.246-4 applies to firm-fixed price orders placed
under this contract. The InspectionTime‑and‑Materials
and Labor-Hour (JAN 1986) (Deviation May 2003) clause at FAR 52.246-6 applies
to time‑and‑materials and labor‑hour orders placed under
this contract.
8. RESPONSIBILITIES
OF THE CONTRACTOR
The Contractor shall comply with all
laws, ordinances, and regulations (Federal, State, City, or otherwise) covering
work of this character. If the end
product of a task order is software, then FAR 52.227-14 (Deviation May 2003)
Rights in Data General, may apply.
9. RESPONSIBILITIES
OF THE ORDERING ACTIVITY
Subject to security regulations, the ordering activity shall
permit Contractor access to all facilities necessary to perform the requisite
IT Services.
10. 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 ordering activity.
11. ORGANIZATIONAL
CONFLICTS OF INTEREST
a. Definitions.
Contractor means the person, firm, unincorporated
association, joint venture, partnership, or corporation that is a party to this
contract.
Contractor and its affiliates and Contractor or its
affiliates refers to the Contractor, its chief executives, directors,
officers, subsidiaries, affiliates, subcontractors at any tier, and consultants
and any joint venture involving the Contractor, any entity into or with which
the Contractor subsequently merges or affiliates, or any other successor or
assignee of the Contractor.
An Organizational conflict of interest exists when the
nature of the work to be performed under a proposed ordering activity contract,
without some restriction on ordering activities by the Contractor and its
affiliates, may either (i) result in an unfair
competitive advantage to the Contractor or its affiliates or (ii) impair the
Contractors or its affiliates objectivity in performing contract work.
b. To avoid an
organizational or financial conflict of interest and to avoid prejudicing the
best interests of the ordering activity, ordering activities may place restrictions
on the Contractors, its affiliates, chief executives, directors, subsidiaries
and subcontractors at any tier when placing orders against schedule
contracts. Such restrictions shall be
consistent with FAR 9.505 and shall be designed to avoid, neutralize, or
mitigate organizational conflicts of interest that might otherwise exist in
situations related to individual orders placed against the schedule
contract. Examples of situations, which
may require restrictions, are provided at FAR 9.508.
12. INVOICES
The Contractor, upon completion of the work ordered, shall
submit invoices for IT services.
Progress payments may be authorized by the ordering activity on
individual orders if appropriate.
Progress payments shall be based upon completion of defined milestones
or interim products. Invoices shall be
submitted monthly for recurring services performed during the preceding month.
13. PAYMENTS
For firm-fixed price orders the ordering activity shall pay
the Contractor, upon submission of proper invoices or vouchers, the prices
stipulated in this contract for service rendered and accepted. Progress payments shall be made only when
authorized by the order. For time‑and‑materials
orders, the Payments under Time‑and‑Materials and Labor‑Hour
Contracts at FAR 52.232-7 (DEC 2002), (Alternate II Feb 2002) (Deviation
May 2003) applies to time‑and‑materials orders placed under this
contract. For labor‑hour orders,
the Payment under Time‑and‑Materials and Labor‑Hour Contracts
at FAR 52.232-7 (DEC 2002), (Alternate II Feb 2002) (Deviation May 2003))
applies to labor‑hour orders placed under this contract.
14. RESUMES
Resumes shall be provided to the GSA Contracting Officer or
the user ordering activity upon request.
15. INCIDENTAL
SUPPORT COSTS
Incidental support costs are available outside the scope of
this contract. The costs will be
negotiated separately with the ordering activity in accordance with the
guidelines set forth in the FAR.
16. 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.
15. DESCRIPTION OF
IT SERVICES AND PRICING
Nu-Pulse
Technologies is a full service Computer Technology and Information System
consulting organization providing quality Information Systems and Analytic
Services. Our strength lies in the
depth of knowledge, experience and on-going training of our staff and
management. We have a commitment to
excellence in all of our service areas by ensuring that each client receives
the best. Our team of professionals is
flexible in responding to the requirements of our clients, allowing us to offer
a variety of services from technology acquisition support through design and
implementation, and on-going production support as required by the client.
Nu-Pulse
Technologies is staffed and managed by professionals who understand the impact
of technology on business processes. We
define solutions for our clients to meet the challenges of their specific
environment, based on an understanding of each clients missions, objectives,
and operational requirements. Our
success is based on our ability to translate diverse business requirements into
the design and implementation of manageable, efficient information systems.
Additionally,
Nu-Pulse has developed Performance Tracking Reports, a very effective productivity
measurement tool, to provide productivity statistics (which are then compiled into data form for
our internal inquiry and correspondence tracking database). This Performance
Tracking Report tool allows project managers to provide effective feedback,
focus and direction for an entire project.
Nu-Pulse is
committed to the highest standards in quality, accountability, service and
performance. To this end, we are equally
committed to the utmost caliber of service to our Clients. Not only are we
committed to trade practices, established engineering requirements and industry
standards, but we are also committed to our quality and performance policy and
measures, listed below:
H
Honesty and Integrity in Services
H
Client Communication & Involvement
H
Realistic Goal and Objective Setting
H
Adherence to Established Timescale
H
No-Compromise Policy on Quality
H
Effective & Efficient Product Delivery
H
Consulting for Both the Contract & the Clients Business Needs
The Nu-Pulse
Team provides the Government, with the best of all related worlds: (1)
Information Technology (inclusive of Management Information Systems,
Telecommunications and Computer Information Systems specialty areas), (2) Engineering
expertise; and, (3) IT Systems Integration, Analysis, and Implementation.
The following
describes experience of the Nu-Pulse staff, and the services, which can be
provided by Nu-Pulse, from the standpoint of both extensive experience and
demonstrated capability:
INFORMATION
TECHNOLOGY EXPERTISE
§
Information Systems Maintenance
§
Information Systems Computer and Help Desk Support
§
Information Systems Network Analysis, Maintenance &
Support
§
Information Systems Planning & Integration
§
Information Systems Technology Studies
§
Information Systems Requirements Analysis
§
Data & Voice Communications and Networking
§
Disaster Recovery Planning
§
Application Development
§
Relational Database Deployment
§
Client/Server Design, Re-Design and Migration
§
Facilities Management
§
Oracle, Informix, Unix, Windows NT and Novell
§
Millennium 2000 Compliance Consulting and Remediation,
Validation and Verification
At
Nu-Pulse Technologies, Inc.
We believe that our greatest strength
is the experience and competence of our professional staff. This reputation has enabled us to gain a good
standing among our government and commercial clients. We have received an
outstanding rating from Dun & Bradstreet in our business sector and NAICS
codes.
SYSTEMS
ENGINEERING
Nu-Pulse Technologies, Inc. suite of
services includes the engineering of systems.
Our systems engineering process is tried and proven, and is designed to
impose structure on unstructured problems and eventually represent the
structure in a verifiable form. The
process begins with key activities that include the retrieval of essential
information, the development of comprehensive requirements, and the evaluations
are made of existing systems and processes.
This process is executed within a framework of checks and balances, high
accountability, and adherence to strict standards ensuring accuracy and
validity of resulting specifications, conceptual designs, and final systems
designs.
Nu-Pulse Technologies, Inc. engineers
use state of the art tools that support static structure diagramming, ActiveX
control support, Open Document Management Architecture, property reporting and
repository support. Using mapping and reverse
engineering and forward engineering techniques,
Nu-Pulse Technologies, Inc. engineers can reverse engineer and generate
any ODBC-compliant databases quickly.
Consequently, we are able to significantly shorten the design phase.
Nu-Pulse Technologies, Inc. offers its
clients the full range of engineering services including the development of
complex computer software and systems. Nu-Pulse Technologies Inc. engineering
processes include feasibility studies, requirement definition, system analysis,
system design and development. Through sophisticated process charting,
analysis, simulation and workflow solutions we can easily refine business
processes for a significant competitive advantage.
Nu-Pulse Technologies, Inc. has both an
in-depth understanding and extensive experience with the integration of new and
existing systems. We understand the
requirements for bridging disparate systems, and follow strict standards that
insure the efficient flow of data, and excellent systems performance. Our project
managers utilize performance-tracking systems to insure accountability and
control over our systems engineering process.
NETWORKING
Nu-Pulse Technologies, Inc. provides
enterprise wide design, engineering, installation and maintenance services for
data communications projects. Our
networking experience includes integration to the World Wide Web through proven
interfacing and integration techniques. We have an in-depth understanding of
data networks as well as the services and new technologies that make them value
added solutions for our clients. Our
staffs are up to date with advances in communications technology and their real
world applications. We integrate our
engineering and networking practices to insure that we develop comprehensive
solutions for our clients, which insure a good marriage between the
communications networks, and the applications that they support. The result of such integration is a superior
design that guarantees excellent performance.
Nu-Pulse
Technologies, Inc. staff of engineers and technicians has extensive experience
in the design, development, implementation, maintenance and operation of data
communications systems and networks. We
provide complete support of our clients telecommunications needs from
conceptual design through installation, implementation and on-going
operations. Electronic data interchange
(EDI) and electronic commerce (EC) technologies have become an accepted and
value added component within many organizations. Nu-Pulse Technologies, Inc. has developed
expertise through partnerships with the developers of this technology to
provide total electronic commerce solutions to our clients.
Nu-Pulse
Technologies, Inc. system engineers and technicians have developed an in-depth
knowledge of Networks and Communications Systems based upon their involvement
in the early implementation of these technologies, and their years of
experience in the development, integration, and implementation of evolving
versions.
SOFTWARE
ENGINEERING
Nu-Pulse Technologies, Inc. staff of
computer scientist have been trained in the art of software development and
integration. Our staff of engineers is
skilled in the use of a wide range of object oriented development tools and
techniques. Nu-Pulse Technologies, Inc.
has expertise in selection of scalable database technology, enterprise wide
database design, object-oriented design methodologies, and data modeling
methodologies.
Nu-Pulse Technologies, Inc. offers a
unique development approach that tailors the work of software engineers to the
specific business needs of the client.
We accomplish this by creating custom solutions using major programming
languages and repositories to exchange Unified Modeling Language models and
ActiveX technology during software development.
Nu-Pulse Technologies, Inc. offers
expert database implementation support that includes a review of existing
databases, definition of capacity requirements, processing requirements and
growth requirements; insuring that a selected database management systems meets
the business requirements our client.
Our services include assisting clients with definition of enterprise
data models, database performance tuning, database administration and project
data analysis. We achieve successful implementation through extensive testing
and validation, following guidelines that assure minimum defects, and extensive
documentation.
INFORMATION
SYSTEMS MANAGEMENT
Nu-Pulse
Technologies, Inc. offers our clients the full range of professional services
in the management of information systems.
Our staff is experienced in the development of information systems
management plans, policies, procedures, and controls. Nu-Pulse Technologies, Inc. staff has the
experience to insure that clients implement management controls that are fitted
to their environment. Our information
systems technology management services insure that clients are in audit
compliance, and their data and systems are protected from disaster through off
site storage, proper backup procedures, and disaster recovery planning.
Nu-Pulse
Technologies, Inc. staff work with clients to insure that their systems
environment is immune to any kind of possible disaster including loss of
electrical power, system component failure, and unplanned actions. We assist our clients with the development
and implementation of strict procedures for change control, systems upgrading,
systems replacement, and systems platform migration.
