1. SCOPE
a. The prices, terms and conditions stated under Special Item
Number 132-51 Information Technology Professional apply exclusively
to IT Services within the scope of this Information Technology
Schedule.
b. Thomas & Herbert Consulting shall provide services at
Thomas & Herbert Consulting’s facility and/or at the
Government location, as agreed to by Thomas & Herbert Consulting
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 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-materials quotation 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 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 Thomas & Herbert Consulting
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 contractors’ costs
associated with responding to requests for quotations for specific
orders. Requests should be tailored to the minimum necessary for
adequate evaluation and selection for order placement.
(iii) Evaluate quotations 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 Thomas & Herbert Consulting 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’ quotations 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, Thomas
& Herbert Consulting 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 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 contractor, 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. Thomas & Herbert Consulting shall commence performance
of services on the date agreed to by Thomas & Herbert Consulting
and the ordering office.
b. Thomas & Herbert Consulting agrees to render services
only during normal working hours, unless otherwise agreed to by
Thomas & Herbert Consulting and the ordering office.
c. Thomas & Herbert Consulting 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 THOMAS & HERBERT CONSULTING
Thomas & Herbert Consulting 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 Thomas & Herbert Consulting
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 Thomas
& Herbert Consulting.
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 contractor or its affiliates or (ii) impair 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 contractor, 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
Thomas & Herbert Consulting, upon completion of the work
ordered, shall submit invoices for 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 Thomas &
Herbert Consulting, 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 Thomas & Herbert Consulting
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
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