Information Technology Professional Services
(ITPS)
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Contract No.: GS-35F-5417H
Period Covered by Contract: Through June 10,
2008
Terms and Conditions
- Scope:
- 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.
- 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.
- Performance Incentives:
- When using a performance-based statement
of work, performance incentives may be
agreed upon between the Contractor and
the ordering office on individual fixed
price orders or Blanket Purchase Agreements,
for fixed price tasks, under this contract
in accordance with this clause.
- The ordering office must establish
a maximum performance incentive price
for these services and/or total solutions
on individual orders or Blanket Purchase
Agreements.
- To the maximum extent practicable, ordering
offices shall consider establishing incentives
where performance is critical to the agency’s
mission and incentives are likely to motivate
the contractor. Incentives shall be based
on objectively measurable tasks.
- The above procedures do not apply to
Time and Material or labor hour orders.
- Ordering Procedures for Services:
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).
GSA has determined that the prices for services
contained in the contractor’s price
list applicable to this Schedule 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.
- When ordering services, ordering offices
shall—
- Prepare a Request (Request for
Quote or other communication tool):
- 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.
- 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
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-andmaterials
proposal may be requested. The
firm-fixed price shall be based
on the rates in theschedule 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.
- The request may ask the contractors,
if necessary or appropriate, to
submit a
project plan for performing the
task, and information on the contractor’s
experience and/or past performance
performing similar tasks.
- 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)(i) below, the
request shall notify the
contractors that will be the case.
- Transmit the Request to Contractors:
- Based upon an initial evaluation
of catalogs and price lists, the
ordering office
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). 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.
- The request should be provided
to three (3) contractors if the
proposed order is estimated to
exceed the micro-purchase threshold,
but not exceed the maximum order
threshold. For proposed orders
exceeding the maximum order threshold,
the request 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
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.
- 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)
- 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—
- Inform contractors in the request
(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.
- 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
should be awarded the BPA. (See
FAR 8.404)
- 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 procedures
in (a)(2)(ii) above and then place
the order with the Schedule contractor
that represents the best value.
- 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)
- 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.
- When the ordering office’s requirement
involves both products as well as executive,
administrative and/or 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 best value. (See FAR
8.404) The ordering office, 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 timeand- materials
order. For agency 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. Ordering procedures
for other services available on schedule
at fixed prices for specifically defined
services or tasks should use the procedures
in FAR 8.404. These procedures are listed
in the pricelist, under “Information
for Ordering Offices,” paragraph
#12.
- Order:
- 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.
- 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.
- Performance of Services:
- The Contractor shall commence performance
of services on the date agreed to by the
Contractor and the ordering office.
- The Contractor agrees to render services
only during normal working hours, unless
otherwise agreed to by the Contractor
and the ordering office.
- The Agency should include the criteria
for satisfactory completion for each task
in the Statement of Work or Delivery Order.
Services shall be completed in a good
and workmanlike manner.
- 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.
- 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.
- 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 Rights
in Data – General may apply.
- 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.
- 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.
- Organizational Conflicts of Interest:
- Definitions.
“Contractor”
means the person, firm, unincorporated
association, joint venture, partnership,
or corporation that is a party to this
contract.
“Contractor and its
affiliates” and “Contractor
or its affiliates”
refers to the Contractor, its chief executives,
directors, officers, subsidiaries, affiliates,
subcontractors at any tier, and consultants
and any joint venture involving the Contractor,
any entity into or with which the Contractor
subsequently merges or affiliates, or
any other successor or assignee of the
Contractor.
An “Organizational conflict
of interest” exists
when the nature of the work to be performed
under a proposed Government contract,
without some restriction on activities
by the Contractor and its affiliates,
may either (i) result in an unfair competitive
advantage to the Contractor or its affiliates
or (ii) impair the Contractor’s
or its affiliates’ objectivity in
performing contract work.
- 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.
- Invoices:
The Contractor, 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.
- Payments:
For firm-fixed price orders the Government
shall pay the Contractor, upon submission
of proper invoices or vouchers, the prices
stipulated in this contract for service rendered
and accepted. Progress payments shall be made
only when authorized by the order. For time-and-materials
orders, the Payments under Time-and-Materials
and Labor-Hour Contracts (Alternate I (APR
1984)) at FAR 52.232-7 applies to time-and-materials
orders placed under this contract. For labor-hour
orders, the Payment under Time-and-Materials
and Labor-Hour Contracts (FEB 1997) (Alternate
II (JAN 1986)) at FAR 52.232-7 applies to
labor-hour orders placed under this contract.
- Resumes:
Resumes shall be provided to the GSA Contracting
Officer or the user agency upon request.
- 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.
- 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.
For further information view the complete
ITPS Schedule:
View
or download JB&A's ITPS Schedule in PDF
format; 
246kb.
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