Sprint
Purpose
The purpose of this sole source contract (sometimes referred to as the “bridge contract”) is to continue the provisioning of services provided under Contract No. GS00T99NSD2001 with Sprint Communications Company, L.P. It also serves to ensure that this arrangement is effective and enforceable under applicable law and regulations. This contract constitutes a separate and new exercise of the General Services Administration’s 10-year authority under Section 501 of Title 40, United States Code.
Terms and Conditions
All terms and conditions of the FTS2001 Contract (GS00T99NRD2001), as modified, are hereby incorporated by reference and extended for the term of this Contract No. GS00T06NRD0002, including the option periods, with the exceptions/addition(s) contained here.
All active management design documents (MDDs) incorporated into the FTS2001 Contract (GS00T99NRD2001) via contract modification after the award of contract modification PA57 with an effective date of May 9, 2005, are hereby incorporated into this contract by reference. In addition, all active management design documents (MDDs) effective prior to modification PA 57, dated May 9, 2005, shall be incorporated via modification into the FTS2001 contract prior to this contract's effective date of December 1, 2006.
Performance Period
This sole source bridge contract continues the provisioning of FTS2001 services from December 1, 2006 through November 30, 2008, with three six-month option periods to be unilaterally exercised by the Government no later than thirty (30) days prior to the expiration of the initial two-year term or previous option period.
Pricing of Services
All pricing in effect during the final FTS2001 option year shall remain unchanged with the following exceptions:
|Service |Base Yr 1 |Base Yr 2 |If Exercised |If Exercised |If Exercised | | |
| | | |Option 1- 6 months |Option 2-6 months |Option 3 - 6 months | | |
|Frame Relay Domestic and|FTS2001 Yr 8 | | | | | | |
|Non-Domestic Ports |Prices | | | | | | |
|ATM Domestic Ports |FTS2001 Yr 8 | | | | | | |
| |Prices | | | | | | |
|Frame Relay Domestic |FTS2001 Yr 8 | | | | | | |
|Transport (PVCs) |Prices | | | | | | |
|ATM Domestic Transport |FTS2001 Yr 8 | | | | | | |
| |Prices | | | | | | |
|Frame Relay Non Domestic|FTS2001 Yr 8 | | | | | | |
|Transport Full Channel |Prices | | | | | | |
|SDS Volume Discounts |See Table Below| | | | | | |
|–Domestic | | | | | | | |
|Expedite Charges (9 |Increased to | | | | | | |
|SCIDs) |$500 | | | | | | |
|All other prices |FTS2001 Yr 8 | | | | | | |
| |Prices | | | | | | |
Table B.3.3-8 Switched Data Services
Domestic Volume Discount Percentages
| | | | | | | | |
|Service Type |Volume Band Revenue |Volume Band Revenue Minimum*|Base Yr 1 |Base Yr 2 |If Exercised |If Exercised |If Exercised |
| |Minimum* ($) |($) | | |Option 1- 6 |Option 1- 6 months |Option 1- 6 |
| | | | | |months | |months |
|206 – ATM |$ 431,374.35 |$ 761,423.56 |0.50% | | | | |
|206 – ATM |$ 761.423.55 |$ 999.999,999.00 |1.00% | | | | |
|213 – Frame Relay |$ - |$ 3,589,143.46 |0.00% | | | | |
|213 – Frame Relay |$ 3,589,143.47 |$ 6,333,782.58 |0.50% | | | | |
|213 – Frame Relay |$ 6,333,782.59 |$ 999.999,999.00 |1.00% | | | | |
|227 – IP |$ - |$ 3,423,577.40 |0.00% | | | | |
|227 – IP |$ 3,423.577.41 |$ 6,041,607.18 |0.50% | | | | |
|227 – IP |$ 6,041,607.19 |$ 999.999,999.00 |1.00% | | | | |
At the time of award, Sprint shall provide an MS Access pricing database, in the FTS2001 format including all tables and SCIDs which are affected by the above referenced price changes.
Discontinued Services
The following FTS2001 Contract (GS00T99NRD2001) services are not available under this contract and
all contract requirements regarding these services are cancelled in their entirety:
1. 900 Service Transport Requirements
2. X.25 Portion of Packet Switched Service
Deliverables
Under Section F, numerous FTS2001 Contract (GS00T99NRD2001) deliverables have been deleted. These deliverables are deleted from this contract because they are either no longer applicable or are actual contract requirements and not separate contact deliverables. The deletion of any deliverable does not relieve the contractor from performing the requirement under the contract unless the requirement is specifically deleted herein.
Section B
Supplies or Services and Prices/Costs
Section B under the FTS2001 Contract (GS00T99NRD2001), as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the following exceptions:
Section B.8.3 Contractor Provided Supplemental Training
Second Paragraph: The following language is deleted in its entirety: “At the inception of service, the contractor shall provide initial training for provisioned services at no additional cost to the Government. The contractor shall provide initial training covering the use of a new service type that is provisioned at a new or an existing location, at no additional cost to the Government within the first six months after a new service type is ordered at a location.”
Section B.8.9 Network Monitoring and Management Workstations:
This section is deleted in its entirety and designated as “Reserved.”
Section B.8.19 Systems Customization
This section is deleted in its entirety and designated as “Reserved.”
Section C
Description/Specs./Work Statement
Section C under the FTS2001 Contract (GS00T99NRD2001), as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the following exceptions:
C.1.1 Federal Telecommunications Services Program Objectives: Deleted in its entirety and replaced with the following:
“C.1.1 Federal Telecommunications Services Program Objectives
The principal objectives of the FTS program are to:
(a) Meet the functional requirements of the Federal Government and its agencies in a technically-effective and cost-effective manner.
(b) Support the implementation of the National Information Infrastructure (NII) and Government Services Infrastructure (GSII), and the recommendations of the National Performance Review (NPR), including the implementation of electronic Government applications within the GSII.
(c) Provide access and interoperability between authorized users, for improved effectiveness and efficiencies, and to provide better services, at less burden.
The vision for the FTS Program is that communications should be transparent, flexible, and efficient for all FTS Program users including users of other systems with which Government users and systems interconnect or interoperate, irrespective of which FTS Program contract or contracts they may be using. In the Government’s view, flexible and efficient service is generally aided when end-to-end service is available. For example, this solicitation seeks to acquire up-to-date and price-competitive end-to-end (i.e., Service Delivery Point (SDP)-to-SDP) services through this contract. Thus, the majority of telecommunications services to be acquired by this contract are presently expected to include both access and transport. Access is defined as the portion of the service between the user and the contractor’s Point of Presence (POP), while transport is defined as the portion between the contractor’s POPs. Generally, a service will, therefore, comprise of an originating access portion, a transport portion, and a terminating access portion.
The Government realizes that the telecommunications industry, in the United States (U.S.) and worldwide, is undergoing rapid and far-reaching changes. The pursuit of flexibility and efficiency in this changing environment may lead the Federal Government to acquire separately the access portion(s) or the transport portion for some or all of the services defined in this solicitation. This contract has been structured so that access and transport can be easily unbundled in support of such actions. However, the Government will continue to regard end-to-end, transparent service as highly desirable.”
C.1.2 FTS2001 Objectives: Deleted in its entirety and replaced with the following:
“C.1.2 FTS2001 Bridge Objectives
This bridge contract is for telecommunications services and related services. A parallel new contract will extend services under Contract No. GS00T06NRD0001, held by Verizon Business Systems. These two contracts are collectively referred to as the FTS2001 Bridge. The term of each FTS2001 bridge contract is not to exceed 42 months, consisting of a 24-month basic contract period with three option periods of 6 months each. The contracts also include provisions for internal competitive contract administration actions (Price Redetermination), at the Government’s discretion.
Services to be acquired include: circuit switched services (voice and data), switched data services, and dedicated transmission services. Additional services may be acquired if proposed. Each bridge contractor shall be responsible for all aspects of the provisioning and operation of its telecommunications services over the life of the contract.
Acquiring services, tracking their performance, invoicing for services rendered, and periodic reports are examples of activities under the contract(s) resulting from the Request for Proposal (RFP TQC-SS-97-2001), requiring an exchange of information between the contractor(s) and the Government.”
The following sections are deleted their entirety and designate as “Reserved.”
C.2.2.4.2 to C.2.2.4.2.4.1.2 900 Services Transport Requirements
C.2.3.1 to C.2.3.1.2.4.1.3 Packet Switched Service
C.3.2.6 Support User Forums
C.2.1.12 Security of Contractor Infrastructure
For purposes of the FTS2001 Bridge, the Government agrees that Sprint’s performance obligations under C.2.1.12, Security of Contractor Infrastructure, and all related sections, are limited exclusively to those specifically contained in Sprint’s Security Plan dated August, 2005, as accepted by GSA on March 22, 2006.
However, Sprint shall be required to submit an updated Security Plan annually and seek Government approval for any modifications to that plan required for the addition new services. Government approval shall be based on the requirements included in this Section.
C.3.2.7 Data Requirements
First paragraph, second sentence, “and Network Monitoring and Management (NMM)” and “and NMM” is deleted.
First paragraph, third sentence, “and NMM” is deleted.
Fourth paragraph, first sentence, “and NMM” is deleted.
C.3.2.7.1.1 Program Management Office Contract Operational and Administrative Data Requirements
Paragraph “(d) Transition, migration, and implementation data, as described in Section C.4” is deleted in its entirety.
The following sections are deleted in their entirety.
C.3.2.7.2 to Network Monitoring and Management Data Access C.3.2.7.2.2 and Delivery Requirements
C.3.5.1 System(s) Requirements: The following paragraphs are deleted in their entirety.
“Electronic Service Ordering transactions between the contractor and the Government shall conform to the ANSI X12 850 family of transaction sets, as interpreted by the Telecommunications Industry Forum (TCIF) and described in the IEG. Templates are provided in Section B.2.5 of the IEG that show the essential service ordering data elements required by the Government for SVS, PSS, DTS, and Toll Free Services. The contractor shall provide the data elements identified in the IEG for the above listed services but may use its own template for entering and displaying the data.
The contractor shall provide EDI transactions for service ordering to customers that are EDI capable. Service ordering transactions that are not provided via EDI shall be provided in data formats consistent with the contractor’s existing practices as approved by the FTS2001 CO.
The approach for implementing EDI transactions for service ordering shall be consistent with the ANSI X12 850 family of transaction sets as interpreted by the TCIF and described in the IEG. EDI service ordering data models provided in Section C.2.2 of the IEG have been developed to assist the offeror in preparing its proposal. These data models were developed in consonance with TCIF efforts to define implementation guidelines for 811 and 850 transaction sets and are based on GSA’s approach to providing billing services. The Government desires that the implementation of EDI service ordering transactions be consistent with the illustrated approach.”
The following sections are deleted in their entirety and designate as “Reserved.”.
C.3.5.9 Service Order System Validation Test Plan
C.3.6.2.1 Billing System Validation Test Plan
C.3.6.8.1 Transition Billing Arrangements
C.3.6.8.2 Migration Billing Arrangements
C.3.7.1 Network Service Affecting Event Information
C.3.7.1.1 Electronic Access to Network Fault Management Status
C.3.7.7 Program Management Office Network Monitoring and Management
Workstations
C.3.7.8 Agency Network Monitoring and Management Workstations
C.3.8.2 Network and Access Cost Minimization
C.4 Transition, Migration and Implementation (Including all subparagraphs)
C.6.1.8 User Forum Issues Report
C.6.1.12 Network Cost Minimization Opportunities Report
C.3.10 to Training
C.3.10.4.2
C.3.7.2 Network Configuration Management
The second paragraph in deleted in its entirety and designate as “Reserved.”.
C.3.10.5 Supplemental Training.
The following sentence is inserted at the end. “Supplemental training for DARs will only be provided on an ad hoc basis as requested by the customer agency at the prices stated in the contract.”
Section D
Packaging and Marking
Section D under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods.
Section E
Inspection and Acceptance
Section E under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the exception of the following:
The following sections are deleted in their entirety:
E.2.2.2.1 Transition Verification Test Plan
E.2.2.2.2 Migration Verification Test Plans
E.2.2.2.3 Implementation Verification Test Plans
E.2.3 Testing of Support Systems (Including all subparagraphs)
E.3 Interoperability Testing
E.4 Security Risk Analysis Testing
Section F
Deliveries or Performance
Section F under the FTS2001 Contract GS00T99NRD2001 is deleted in its entirety, and replaced with the following:
F.2-1. Contractor Deliverables for all Services
|CDRL # |Contract |Description |Quantity |Media of |Where to |Submittal |
| |Section | | |Delivery |Deliver |Date |
|0002 |B.1.3 |“Instructions for |PMO - 10; A |Refer to |To the Program |Following contract award,|
| | |Pricing” document |directly-billed|Section C.3.2.7 |Management Office |and updates as required |
| | | |agency - 3 | |and to each |by changes in pricing of |
| | | | | |directly-billed |mandatory and optional |
| | | | | |agency |price elements |
|0003 |C.2.1.2 |Update Features |1 |Refer to |To the Program |As soon as modifications |
| | |Unavailability Tables | |Section C.3.2.7 |Management Office |are made as a consequence|
| | | | | | |of changes in |
| | | | | | |availability of features |
| | | | | | |or in identity of |
| | | | | | |countries/locations |
|0004 |C.2.1.10 |Station Identified Call|As required |Refer to |To the Program |As requested. To be |
| | |Detail Record | |Section C.3.2.7 |Management Office |delivered within 14 |
| | |Information - | | | |working days of the |
| | |Centralized Billing | | | |request at no additional |
| | | | | | |cost to the Government. |
|0005 |C.2.1.10 |Station Identified Call|As required |Refer to |To the direct billed|As requested. To be |
| | |Detail Record | |Section C.3.2.7 |agencies or sub- |delivered within 14 |
| | |Information - Direct | | |agencies |working days of the |
| | |Billing | | | |request at no additional |
| | | | | | |cost to the Government. |
|0006 |C.2.1.12.1 |Updated Security Plan |1 plan |Refer to |To the Contracting |Annually on each |
| | | | |Section C.3.2.7 |Officer and to the |anniversary of contract |
| | | | | |Program Management |award or at the request |
| | | | | |Office |of the Government |
|0007 |C.2.1.12.7 |Report of All Security |As required |Refer to |To the affected |Within 4 hours of the |
| | |Violations and Breaches| |Section C.3.2.7 |agency and to the |incident |
| | | | | |Program Management | |
| | | | | |Office | |
|0008 |C.2.1.12.7 |Archived Alarm and |As required |Refer to |To the Program |Upon request by the |
| | |Audit Trails | |Section C.3.2.7 |Management Office |Program Management Office|
|0009 |C.2.1.12.7 |Operational Procedures |1 |Refer to |To the Program |As requested by the |
| | |for Detecting and | |Section C.3.2.7 |Management Office |Government. To be |
| | |Monitoring Suspected | | | |delivered within 14 |
| | |Abuse and Intrusions | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0010 |C.2.1.16.2 |Graphical |1 |Refer to |To the Program |Within 30 calendar days |
| | |Representation of | |Section C.3.2.7 |Management Office |of the implementation of |
| | |Access Circuit Routes | | |and to affected |access diversity or |
| | |Showing Implementation | | |agencies |avoidance and a change is|
| | |of Diversity or | | | |made |
| | |Avoidance | | | | |
|0011 |C.2.1.16.2 |Proposed |1 |Refer to |To the Program |At least 30 calendar days|
| | |Reconfiguration of | |Section C.3.2.7 |Management Officeand|in advance of |
| | |Routes for Implementing| | |to affected agencies|implementation |
| | |Access Diversity or | | | | |
| | |Avoidance | | | | |
|0012 |C.2.2.1.2.1 |FTS2001 Calling Cards |As required |Calling Cards with |To subscribing |When requested |
| | |with authorization | |separate delivery of |agencies | |
| | |codes | |personal identification| | |
| | | | |numbers (PINs) | | |
|0013 |C.2.2.3.2.2.1 (t) |Call Status Report |1 |Refer to |To the subscribing |Daily within 24 hours |
| | | | |Section C.3.2.7 |agency |after end of day (unless |
| | | | | | |affected by weekends or |
| | | | | | |Federally observed |
| | | | | | |holiday); also available |
| | | | | | |weekly, monthly, and |
| | | | | | |quarterly |
|0014 |C.2.2.3.2.2.1 (u) |Caller Profile Report |1 |Refer to |To the subscribing |Daily within 24 hours |
| | | | |Section C.3.2.7 |agency and to the |after end of day (unless |
| | | | | |Program Management |affected by weekends or |
| | | | | |Office (upon |Federally observed |
| | | | | |request) |holiday) |
|0015 |C.2.2.3.2.2.1 (v) |Caller Information |1 |Refer to |To the subscribing |Daily within 24 hours |
| | |Report | |Section C.3.2.7 |agency and to the |after end of day (unless |
| | | | | |Program Management |affected by weekends or |
| | | | | |Office (upon |Federally observed |
| | | | | |request) |holiday) |
|0016 |C.2.2.3.2.2.1 (w) |Caller Response Report |1 |Refer to |To the subscribing |Daily within 24 hours |
| | |Information | |Section C.3.2.7 |agency |after end of day (unless |
| | | | | | |affected by weekends or |
| | | | | | |Federally observed |
| | | | | | |holiday) |
|0017 |C.2.2.3.2.2.1 (x) |Real-Time Call Status |As required |Through hardware and |To the user |Refreshed within 5 |
| | |Graphical Reports | |software provided by | |minutes |
| | | | |contractor | | |
|0018 |C.2.4.2.2.1 |Graphical |1 |Refer to |To the Program |Within 30 calendar days |
| | |Representation of | |Section C.3.2.7 |Management Officeand|of the imple-mentation of|
| | |Transport Circuit | | |to affected agencies|transport diversity or |
| | |Routes Showing | | | |avoidance and when a |
| | |Implementation of | | | |change is made |
| | |Diversity or Avoidance | | | | |
|0019 |C.2.4.2.2.1 |Proposed |1 |Refer to |To the Program |At least 30 calendar days|
| | |Reconfiguration of | |Section C.3.2.7 |Management Office |in advance of |
| | |Routes for Implementing| | |and to affected |implementation |
| | |Transport Diversity or | | |agencies | |
| | |Avoidance | | | | |
|0020 |C.3.2.1 |Contractor’s Program |1 |Refer to |To the Program |Monthly |
| | |Management Office | |Section C.3.2.7 |Management Office | |
| | |Points of Contact | | | | |
|0021 |C.3.2.2 |Contractor’s Agency |1 |Refer to |To the Program |Within 30 calendar days |
| | |Points of Contact | |Section C.3.2.7 |Management Office |after notice to proceed; |
| | | | | |and agencies |within 5 calendar days |
| | | | | | |after changes |
|0022 |C.3.2.7.1.1 |Program Management |As required or |Refer to |To the Program |Within 30 calendar days |
| | |Office Contract |requested |Section C.3.2.7 |Management Office |after contract award; |
| | |Administration Data | | | |updated periodically |
| | | | | | |thereafter or upon |
| | | | | | |request |
|0023 |C.3.2.7.1.2 |Agency Customer |As required or |Refer to |To subscribing |Upon request. To be |
| | |Operational and |requested |Section C.3.2.7 |agencies |delivered within 14 |
| | |Administrative Data | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0024 |C.3.2.7.3 |Data Reports |As required |Refer to |To the Program |Upon request by the |
| | | | |Section C.3.2.7 |Management Office |Government |
|0025 |C.3.2.7.4 |Contractor’s Number |As required |SMTP or X.400-based |To the Number |On a daily basis or as |
| | |Assignments Under | |E-Mail or via another |Administrator |numbers are added, |
| | |FTS2001 Program | |electronic means as | |deleted and changed |
| | | | |deemed appropriate by | | |
| | | | |the Government | | |
|0026 |C.3.2.7.6.2 |Requests for Location |As requested |Internet access |To the SDP ID |As required |
| | |SDP ID Codes | | |Administrator | |
|0027 |C.3.3.1 |List of Contractor |1 |Refer to |To the Program |Within 30 calendar days |
| | |Liaison Personnel | |Section C.3.2.7 |Management Office |after notice to proceed |
| | | | | | |and updated monthly |
| | | | | | |thereafter |
|0028 |C.3.4.2.1 |User Trouble and |1 |Refer to |To the Program |Upon modification to the |
| | |Complaint Report | |Section C.3.2.7 |Management Office |Trouble and Compliant |
| | |Procedures | | | |Procedures. |
|0029 |C.3.5.1 |Revised Service |1 |Refer to |To the Program |Upon modification to the |
| | |Ordering and Tracking | |Section C.3.2.7 |Management Office |Updated Service Ordering |
| | |System Procedures and | | | |and Tracking System |
| | |Related Intervals | | | |Procedures and Related |
| | | | | | |Intervals. |
|0030 |C.3.5.2.1 |Composite List of |1 |Refer to |To the Program |Within 60 calendar days |
| | |Government DARs | |Section C.3.2.7 |Management Office |after contract award and |
| | | | | | |updated monthly |
| | | | | | |thereafter |
|0031 |C.3.5.4.2 |Service Request |As required |Consistent with medium |To the Designated |For electronic file |
| | |Acknowledgment or | |of submission |Agency |transfer, E-Mail and FAX |
| | |Service Order Change | | |Representative |submission - by close of |
| | |Acknowledgment | | | |business of the next |
| | | | | | |business day at the |
| | | | | | |ordering office; for |
| | | | | | |person-to-person voice |
| | | | | | |transmission - |
| | | | | | |immediately with |
| | | | | | |confirmation within 5 |
| | | | | | |business days |
|0032 |C.3.5.4.3.2 |Service Order |1 |Refer to |To the Designated |Within 3 business days |
| | |Notification, Request | |Section C.3.2.7 |Agency |after issuance of Service|
| | |for Clarification, or | | |Representative and |Request Acknowledgment |
| | |Rejection Notice | | |to the Program | |
| | | | | |Management Office | |
|0033 |C.3.5.4.5 |Service Order |1 |Consistent with medium |To Government |Within 24 hours of |
| | |Completion Notice | |of submission as |representatives |completion of the service|
| | | | |specified in |identified in the |order |
| | | | |Section C.3.5.4.1 |service order | |
| | | | |except for voice-only | | |
| | | | |notification, which is | | |
| | | | |not permitted | | |
|0034 |C.3.5.4.5 |Access to Copies of |1 set |Refer to |To the Program |Within 1 business day |
| | |Completed Service | |Section C.3.2.7 |Management Office |after the service order |
| | |Orders | | |and to direct billed|is completed |
| | | | | |agencies | |
|0035 |C.3.5.5.1 |Standard Service Order |1 |Refer to |To the Program |Within 30 calendar days |
| | |Processing Intervals | |Section C.3.2.7 |Management Office |prior to any change to |
| | | | | |and to affected |service order intervals; |
| | | | | |agencies |within 7 calendar days |
| | | | | | |prior to any extension of|
| | | | | | |the intervals |
|0036 |C.3.5.5.2 |Expedited Service Order|1 |Refer to |To the Program |Modifications to this |
| | |Processing Procedures | |Section C.3.2.7 |Management Office |procedure shall be |
| | | | | | |approved 30 calendar days|
| | | | | | |prior to the planned |
| | | | | | |implementation. |
|0037 |C.3.5.8.1 |Service Order Tracking |1 set |Refer to |To the Program |Monthly within 15 |
| | |and Administrative | |Section C.3.2.7 |Management Office |business days after the |
| | |Measurements | | |and to subscribing |end of the previous month|
| | | | | |agencies | |
|0038 |C.3.6.3.1.1 |Centralized Billing |1 set |Refer to |To the Program |Monthly |
| | |Data and CDR Exchange | |Section C.3.2.7 |Management Office | |
| | | | | |and to authorized | |
| | | | | |agency users | |
|0039 |C.3.6.3.1.2 |Direct Billing Data and|1 set |Refer to |To the Program |Monthly |
| | |CDR Exchange | |Section C.3.2.7 |Management Office | |
| | | | | |and to the agencies | |
| | | | | |or sub-agencies | |
| | | | | |which are | |
| | | | | |authorized for | |
| | | | | |direct billing | |
|0040 |C.3.6.5.6.4 |Call Detail Records |1 |Refer to |To the Program |Monthly, or with 60 |
| | | | |Section C.3.2.7 |Management Office |calendar days notice to |
| | | | | |and to specified |specified agencies |
| | | | | |agencies | |
|0041 |C.3.6.5.6.4 |Standard End-User |1 |As specified by the |To the Program |When available |
| | |Software Report | |contractor |Management Office | |
| | |Generation Tools - PMO | | | | |
|0042 |C.3.6.5.6.4 |Standard End-User |1 |As specified by the |To centralized |When available |
| | |Software Report | |contractor |billed agencies or | |
| | |Generation Tools – | | |sub-agencies | |
| | |Centralized Account | | | | |
|0043 |C.3.6.5.6.4 |Standard End-User |1 |As specified by the |To direct billed |When available |
| | |Software Report | |contractor |agencies or | |
| | |Generation Tools - | | |sub-agencies | |
| | |Agencies | | | | |
|0044 |C.3.6.5.8 |Invoice Format Changes |1 set |Refer to |To the Program |60 calendar days advance |
| | | | |Section C.3.2.7 |Management Office |notice |
|0045 |C.3.6.6.5 |Program Management |1 |Refer to Section |To the Program |Monthly by the 5th |
| | |Office Monthly Dispute | |C.3.2.7 |Management Office |business day |
| | |Database | | | | |
|0046 |C.3.6.6.5 |Program Management |1 |Refer to Section |To the Program |Monthly by the 5th |
| | |Office Monthly | |C.3.2.7 |Management Office |business day |
| | |Adjustment Database | | | | |
|0047 |C.3.6.6.5 |Direct Billing Monthly |1 each |Refer to Section |To each directly |Monthly by the 5th |
| | |Dispute Database | |C.3.2.7 |billed agency |business day |
|0048 |C.3.6.6.5 |Direct Billing Monthly |1 each |Refer to Section |To each directly |Monthly by the 5th |
| | |Adjustment Database | |C.3.2.7 |billed agency |business day |
|0049 |C.3.7.5 |Network Security Breach|1 |Refer to |To the Program |Within the time frame |
| | |Detections | |Section C.3.2.7 |Management Office |normally provided |
| | | | | | |commercial customers |
|0050 |C.3.7.6 |Fraud Detections |1 |Refer to |To the Program |Within the time frame |
| | | | |Section C.3.2.7 |Management Office |normally provided |
| | | | | |and affected |commercial customers |
| | | | | |agencies | |
|0051 |C.3.7.6 |Fraud Prevention |1 |Refer to |To the Program |Initial update within |
| | |Procedures | |Section C.3.2.7 |Management Office |60 calendar days after |
| | | | | | |notice to proceed with |
| | | | | | |further updates as |
| | | | | | |requested by the Program |
| | | | | | |Management Office |
|0052 |C.3.8(c) |GMC Relocation Plan |1 |Refer to |To the Program |As requested by the |
| | |(Updated) | |Section C.3.2.7 |Management Office |Program Management |
| | | | | | |Office. |
|0053 |C.3.9.4 |Archived Trouble Report|1 set |As specified by the |To the Program |As requested by the |
| | |Data | |contractor |Management Office |Program Management Office|
| | | | | |and to the agencies |within the timeframe |
| | | | | | |normally provided |
| | | | | | |commercial customers |
|0054 |C.5.2.7 |Updated Assured |1 |Refer to |To the Program |As requested. To be |
| | |Switched Voice Service | |Section C.3.2.7 |Management Office |delivered within 60 |
| | |Administrative Plan | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0055 |C.5.2.7 |Updated Assured |1 |Refer to |To the Program |As requested. To be |
| | |Switched Voice Service | |Section C.3.2.7 |Management Office |delivered within 60 |
| | |Operational Plan | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0056 |C.5.2.7 |Updated Assured |1 |Refer to |To the Program |As requested. To be |
| | |Switched Voice Service | |Section C.3.2.7 |Management Office |delivered within 60 |
| | |Management Plan | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0057 |C.5.8 |Updated Contractor |1 |Refer to |To the Program |As requested. To be |
| | |Emergency Management | |Section C.3.2.7 |Management Office |delivered within 60 |
| | |Plans | | | |working days of the |
| | | | | | |request at no additional |
| | | | | | |cost to the Government. |
|0058 |C.5.8 |Notification of Major |1 |Refer to |To the Program |Immediately |
| | |Consequences on the | |Section C.3.2.7 |Management Office | |
| | |Network | | |and to affected | |
| | | | | |agencies | |
|0059 |C.6 |Special Reports |1 set |Refer to |To the Program |Case-by-case basis |
| | | | |Section C.3.2.7 |Management Office | |
| | | | | |and to requesting | |
| | | | | |agencies | |
|0060 |C.6 |Archived Reports |1 set |Refer to |To the Program |Within 96 hours after the|
| | | | |Section C.3.2.7 |Management Office |request is made |
| | | | | |and to requesting | |
| | | | | |agencies | |
|0061 |C.6 |Agency-Specific |1 set |Refer to |To the Program |As requested by the |
| | |Performance Data | |Section C.3.2.7 |Management Office |Program Management Office|
| | | | | |and to subscribing |or a subscribing agency |
| | | | | |agencies | |
|0062 |C.6.1.3 |Service Order |1 |Refer to |To the Program |Monthly - on or before |
| | |Completion Status | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Report | | |and subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0063 |C.6.1.4 |Trouble Reports Status |1 |Refer to |To the Program |Monthly - on or before |
| | |Report | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0064 |C.6.1.5.1 |Program Management |1 |Refer to |To the Program |Monthly by the 15 th |
| | |Office Monthly Dispute | |Section C.3.2.7 |Management Office |business day |
| | |Report | | | | |
|0065 |C.6.1.5.2 |Direct Billing Monthly |1 each |Refer to Section |To each directly |Monthly by the 15 th |
| | |Dispute Report | |C.3.2.7 |billed agency |business day |
|0066 |C.6.1.6.1.1 |Program Management |1 |Refer to Section |To the Program |Monthly by the 15 th |
| | |Office Monthly | |C.3.2.7 |Management Office |business day |
| | |Adjustment Report | | | | |
|0067 |C.6.1.6.1.2 |Direct Billed Agency |1 each |Refer to Section |To each directly |Monthly by the 15 th |
| | |Monthly Adjustment | |C.3.2.7 |billed agency |business day of the month|
| | |Report | | | |following close of the |
| | | | | | |billing report period for|
| | | | | | |each service |
|0068 |C.6.1.6.2.1 |Program Management |1 |Refer to Section |To the Program |Monthly by the 15 th |
| | |Office Service Outage | |C.3.2.7 |Management Office |business day |
| | |Credit Report | | | | |
|0069 |C.6.1.6.2.2 |Direct Billed Agency |1 each |Refer to Section |To each directly |Monthly by the 15 th |
| | |Service Outage Credit | |C.3.2.7 |billed agency |business day |
| | |Report | | | | |
|0070 |C.6.1.9 |Contract Modification |1 |Refer to |To the Program |Monthly - on or before |
| | |Status Report | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | | |business day of the month|
| | | | | | |following the reporting |
| | | | | | |interval |
|0071 |C.6.1.10 |Service Trial Status |1 |Refer to |To the Program |Monthly - on or before |
| | |Report | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | |and to affected |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0072 |C.6.1.13.2 |Service Assurance |1 |Refer to |To the Program |Monthly - on or before |
| | |Service Restoral Time | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Reports - Access and | | |and to subscribing |business day of the month|
| | |Transport Segments | | |agencies |following the reporting |
| | | | | | |interval |
|0073 |C.6.2.1.1.1 |Circuit Switched |1 |Refer to |To the Program |Monthly - on or before |
| | |Services Percent | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Availability - Access | | |and to subscribing |business day of the month|
| | |Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0074 |C.6.2.1.1.2 |Circuit Switched |1 |Refer to |To the Program |Monthly - on or before |
| | |Services Percent | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Availability - | | |and to subscribing |business day of the month|
| | |Transport Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0075 |C.6.2.1.2.1 |Circuit Switched |1 |Refer to |To the Program |Monthly - on or before |
| | |Service Busy Hour Grade| |Section C.3.2.7 |Management Office |the 15th Government |
| | |of Service for Blockage| | |and to subscribing |business day of the month|
| | |- Access Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0076 |C.6.2.1.2.2 |Circuit Switched |1 |Refer to |To the Program |Monthly - on or before |
| | |Services Busy Hour | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Grade of Service for | | |and to subscribing |business day of the month|
| | |Blockage - Transport | | |agencies |following the reporting |
| | |Segment | | | |interval |
|0077 |C.6.2.1.3 |Audio Teleconference |1 |Refer to |To the Program |Monthly - on or before |
| | |Summary | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0078 |C.6.2.1.4 |Fraud Prevention |1 |Refer to |To the Program |Monthly - on or before |
| | |Performance | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Measurements | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0079 |C.6.2.1.5 |Operator Services |1 |Refer to |To the Program |Monthly - on or before |
| | | | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | | |business day of the month|
| | | | | | |following the reporting |
| | | | | | |interval |
|0080 |C.6.2.1.6 |Circuit Switched |1 |Refer to |To the Program |Monthly - on or before |
| | |Service Trouble Reports| |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0081 |C.6.2.2.1.1 |Switched Data Services |1 |Refer to |To the Program |Monthly - on or before |
| | |Percent Availability - | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Access Segment | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0082 |C.6.2.2.1.2 |Switched Data Services |1 |Refer to |To the Program |Monthly - on or before |
| | |Percent Availability | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Reports - Transport | | |and to subscribing |business day of the month|
| | |Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0083 |C.6.2.2.2.1 |Switched Data Services |1 |Refer to |To the Program |Monthly - on or before |
| | |Transmission | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Performance Reports - | | |and to subscribing |business day of the month|
| | |Access Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0084 |C.6.2.2.2.2 |Switched Data Services |1 |Refer to |To the Program |Monthly - on or before |
| | |Transmission | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Performance Reports - | | |and to subscribing |business day of the month|
| | |Transport Segment | | |agencies |following the reporting |
| | | | | | |interval |
|0085 |C.6.2.3.1 |DTS Availability for |1 |Refer to |To the Program |Monthly - on or before |
| | |Access and Transport | |Section C.3.2.7 |Management Office |the 15th Government |
| | |Segments | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0086 |C.6.2.4 |Video Teleconferencing |1 |Refer to Section |To the Program |Monthly - on or before |
| | |Service | |C.3.2.7 |Management Office |the 15th Government |
| | | | | |and to subscribing |business day of the month|
| | | | | |agencies |following the reporting |
| | | | | | |interval |
|0087 |C.6.3.1 |Daily Status Morning |1 |As specified in |To the Program |By 0800 local time of |
| | |Report | |Section C.3.7.1.1 |Management Office |each Government business |
| | | | | |and to subscribing |day |
| | | | | |agencies | |
|0088 |C.6.4.1 |GSA Management Services|1 |Refer to |To the Program |Monthly - on or before |
| | |Fee Collection Report | |Section C.3.2.7 |Management Office |the 15th Government |
| | | | | | |business day of the month|
| | | | | | |following the reporting |
| | | | | | |interval |
|0089 |E.2.2.1 |Notification of |1 |Refer to |To the Local |No later than the start |
| | |Successful Completion | |Section C.3.2.7 |Government Contact |of the next business |
| | |of Verification Testing| | | |day following the |
| | | | | | |successful completion of |
| | | | | | |the verification tests |
|0090 |E.2.2.1 |Verification Test |1 set |Refer to |To the Local |No later than the start |
| | |Results to the Local | |Section C.3.2.7 |Government Contact |of the next business day |
| | |Government Contact | | | |following successful |
| | |(LGC) | | | |completion of the |
| | | | | | |verification tests (if |
| | | | | | |requested) |
|0091 |E.2.2.1 |Alert (Notification) of|1 |Refer to |To the Local |Within the two weeks |
| | |Verification Testing | |Section C.3.2.7 |Government Contact |following the start of |
| | |Problems and Concerns | | |and to the Program |the contractor’s |
| | | | | |Management Office |verification testing at |
| | | | | | |the location |
|0092 |E.2.2.1 |Documentation and Test |1 set |Refer to |To the Program |As requested, during an |
| | |Results for | |Section C.3.2.7 |Management Office |audit |
| | |Verification Testing | | | | |
| | |Activities Being | | | | |
| | |Audited | | | | |
|0093 |H.11.2 |Corporate Structure |1 |Refer to Section |To the Contracting |Within 10 calendar days |
| | | | |C.3.2.7 |Officer |of any change. |
|0094 |H.14(a) |All Domestic and/or |2 |Refer to |To the Contracting |Upon date filed. |
| | |Non-Domestic Tariff or | |Section C.3.2.7 |Officer | |
| | |Other Regulatory | | | | |
| | |Filings | | | | |
|0095 |H.14 (c) |Advance Copies of All |2 |Refer to |To the Contracting |10 calendar days in |
| | |Revisions to Existing | |Section C.3.2.7 |Officer |advance of the intended |
| | |Tariffs, New Tariffs, | | | |filing date |
| | |or Other Regulatory | | | | |
| | |Filings | | | | |
|0096 |H.17 |List of Taxes Included |1 |Refer to |To the Contracting |On a semi-annual basis |
| | |in Monthly Invoices | |Section C.3.2.7 |Officer | |
|0097 |C.3.2.7.6.3 |Complete the SDP ID |As Requested |Internet access |To the SDP ID |As required |
| | |Code by Assigning the | | |Administrator | |
| | |Last Four Characters | | | | |
| | |and Notify the SDP ID | | | | |
| | |Administrator | | | | |
|0098 |C.3.7.2 |Notification of Any |1 |Refer to Section |To the Program |As required |
| | |Contractor Network and | |C.3.2.7 |Management Office | |
| | |Related Support | | |and Affected | |
| | |Systems’ Configuration | | |Agencies | |
| | |Changes Affecting or | | | | |
| | |Likely to Affect Users’| | | | |
| | |Services and Resources | | | | |
|0099 |C.3.8.3 |Notification to the |1 |Refer to Section |To the Program |At least 60 calendar days|
| | |Program Management | |C.3.2.7 |Management Office |in advance of the planned|
| | |Office (PMO) of All | | | |changes |
| | |Significant Planned | | | | |
| | |Changed to the | | | | |
| | |Contractor’s Network | | | | |
|0100 |H.7 |Required PMM |2 |Refer to Section |To the Contracting |As requested. To be |
| | |Information for the | |C.3.2.7 |Officer |delivered within 30 |
| | |Contractor’s Three | | | |working days of the |
| | |Largest Multi-Service | | | |request. |
| | |Plan Contracts or | | | | |
| | |Tariffs | | | | |
|0101 |H.7 |Required PMM |2 |Refer to Section |To the Contracting |As requested. To be |
| | |Information for the | |C.3.2.7 |Officer |delivered within 30 |
| | |Contractor’s Three | | | |working days of the |
| | |Largest Customers for | | | |request. |
| | |Each of the Service | | | | |
| | |Groupings | | | | |
|0102 |PCS (II-5.16) |Sprint PCS Order Report|1 |Refer to |To the Contracting |By the 10th business day |
| | | | |Section C.3.2.7 |Officer |of the month for previous|
| | | | | | |month’s activity. |
|0103 |PCS (II-9.6) |Sprint PCS Trouble |1 |Refer to |To the Contracting |By the 10th business day |
| | |Report | |Section C.3.2.7 |Officer |of the month for previous|
| | | | | | |month’s activity. |
|0104 |B.1.2.1 |Access Pricing Updates.|1 |Electronic delimited |To the Contracting |Upon each change, if more|
| | |Sprint Schedule 8 | |file |Officer |than 1 changed is done |
| | |Pricing. | | | |within a month than |
| | | | | | |monthly by the 10th |
| | | | | | |business day of the |
| | | | | | |month. |
Section G
Contract Administration Data
Section G under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the exception of the following:
The following sections are deleted in their entirety and are designated as “Reserved.”:
G.5.1 Prime Pay Payment Plans
G.5.1.2 Prime Payment of Direct Billing Invoice(s)
G.8 Agent for the Government: Deleted in its entirety and replaced with the following:
G.8 AGENT FOR THE GOVERNMENT
The contractor shall continue to act as the Government’s liaison, as provided in the Letter of Agency provided by the CO after the award of the FTS2001 contract. This Letter of Agency remains in full force and effect.
The contractor will act as the Government’s liaison with telecommunications carriers for activities including but not limited to installation and maintenance of services, locations, and activities necessary for restoration of service caused by faulty circuitry and equipment.
Additionally, the Letter of Agency empowers the contractor to coordinate transition, migration, and/or implementation activity as follows:
(a) At user locations, all preparations with contractors of the current Federal Telecommunications System services that are necessary to accomplish the transition of existing FTS2001 services to the contractor’s services, if awarded a successor contract.
(b) All preparations necessary to migrate or implement all other services at user locations.
(c) Service problem resolution with other Government contractors, including but not limited to other successor contractor(s).
Section H
Special Contract Requirements
Section H under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the exception with the following:
Section H.1 is deleted in its entirety and replaced with the following:
H.1 Type and Term of Contract
This contract is a fixed price, indefinite delivery, indefinite quantity contract type with a type of economic price adjustment and price redetermination, as described in Section H.7, Price Management Mechanism, and H.9, Price Redetermination, respectively.
The term of the contract will be 24 months from the date of award with three 6-month Government options to extend. The total term of the contract will not exceed 42 months.
Base Period: December 1, 2006 – November 30 , 2008
Option Period 1: December 1, 2008 – May 31, 2009
Option Period 2: June 1, 2009 – November 30, 2009
Option Period 3: December 1, 2009 – May 31, 2010
In the event, the Government should exercise Sections H.7 Price Management Mechanism, and/or H.9 Price Redetermination, it will not use as a comparison source the awarded successor contract(s) to the FTS2001 contracts.
H.3 Minimum Revenue Guarantee and Maximum Guarantee – Deleted in its entirety and replaced with the following:
“H.3 Minimum Revenue Guarantee and Maximum Guarantee
(a) The minimum revenue guarantee is $1,000.00.
(b) The maximum contract ceiling for all monies paid to the contractor under this contract will not exceed $1.45B.
(c) After award, the Government will not manage or assign traffic to maintain a predetermined revenue share to the contract.
(d) The Government, at the Government’s option, may satisfy the Minimum Revenue Guarantee by using and paying for the contractor’s services provided under the contract, or by direct payment(s) to the contractor, or by any combination of use and payment of the contractor’s services and direct pay.”
H.11.1 Substitutions and Additions of Contractor Key Personnel
Delete paragraph (d) in its entirety and substitute in lieu thereof the following:
“(d) Key personnel included under this contract are listed by name and position or title below:
|FUNCTION |SPRINT PERSONNEL |SPRINT |CONTACT INFORMATION |
| | |TITLE | |
|PROGRAM OFFICE |KAREN B. KING |Manager, FTS2001 Contract and|12524 Sunrise Valley Drive |
| | |Program Office |Reston, VA 20196 |
| | | |(P) 703-689-7311 |
| | | |(F) 703-689-7707 |
| | | |karen.b.king@ |
|PROGRAM OFFICE |DIANA PHILBRICK |FTS2001 Contractor Liaison |12524 Sunrise Valley Drive |
| | | |Reston, VA 20196 |
| | | |(P) 703-689-5673 |
| | | |(F) 703-689-7707 |
| | | |diana.philbrick@ |
|PROGRAM OFFICE |MIKE HUDACK |Manager, FTS2001 Application |12524 Sunrise Valley Drive |
| | |Engineering & Revenue |Reston, VA 20196 |
| | |Opportunity Support |(P) 703-689-7308 |
| | | |(F) 703-689-7707 |
| | | |mike.hudack@mail. |
|PROGRAM OFFICE |DENISE RUSSELL FLEMING |Director, Customer Care |12524 Sunrise Valley Drive |
| | | |Reston, VA 20196 |
| | | |(P) 703-689-5664 |
| | | |(F) 703-689-5226 |
| | | |denise.r.fleming@ |
|CONTRACT ADMINISTRATION |TERRI STODDARD BOSHELL |Senior Contracts |12524 Sunrise Valley Drive |
| | |Administrator |Reston, VA 20196 |
| | | |(P) 703-689-5406 |
| | | |(F) 703-689-7707 |
| | | |terri.stoddard-boshell@ |
|NETWORK OPERATIONS |ED WALKE |Manager, Federal Managed |12490 Sunrise Valley Drive |
| | |Network Service Center |Reston, VA 20191-3470 |
| | | |(P) 703-689-7431 |
| | | |(F) 703-689-5697 |
| | | |ed.c.walke@ |
|TROUBLE MANAGEMENT |RENE HARRISON |Manager, Service Management |12524 Sunrise Valley Drive |
| | |Center |Reston, VA 20196 |
| | | |(P) 703-689-8482 |
| | | |(F) 703-689-5226 |
| | | |rene.m.harrison@ |
|BILLING |KAREN ZANFARDINO |FTS2001 Billing Services |12524 Sunrise Valley Drive |
| | | |Reston, VA 20196 |
| | | |(P) 703-689-7045 |
| | | |(F) 703-689-8650 |
| | | |karen.zanfardino@ |
H.15.2 Process Action Team
This section in its entirety and designated as “Reserved.”
H.18 Small, Small Disadvantaged, and Women-Owned Small Business Concerns Subcontracting Program Support
This section is deleted its entirety and designated as “Reserved.”
Section I
Contract Clauses
Delete Section I under the FTS2001 Contract GS00T99NRD2001 is deleted in its entirety and replaced with the following:
I.1 52.252-2 Clauses Incorporated by Reference.(Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
FEDERAL ACQUIISITION REGULATION:
GENERAL SERVICE ADMINISTRATION ACQUISITION MANUAL:
(End of Clause)
I.1.1 CLAUSES INCORPORATED BY REFERENCE
|NUMBER |TITLE |DATE |
|52.202-1 |Definitions |JUL 2004 |
|52.203-3 |Gratuities |APR 1984 |
|52.203-5 |Covenant Against Contingent Fees |APR 1984 |
|52.203-6 |Restriction on Subcontractor Sales to the Government |JUL 1995 |
|52.203-7 |Anti-Kickback Procedures |JUL 1995 |
|52.203-8 |Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |JAN 1997 |
|52.203-10 |Price or Fee Adjustment for Illegal or Improper Activity |JAN 1997 |
|52.203-12 |Limitation on Payments to Influence Certain Federal Transactions |SEP 2005 |
|52.204-2 |Security Requirements |AUG 1996 |
|52.204-4 |Printing/Copying Double-Sided on Recycled Paper |AUG 2000 |
|52. 204-7 |Central Contractor Registration |OCT 2003 |
|52.209-6 |Protecting the Government’s Interest When Subcontracting with Contractors Debarred, |JAN 2005 |
| |Suspended, or Proposed for Debarment | |
|52.215-2 |Audit and Record-Negotiations |JUN 1999 |
|52.215-8 |Order of Precedence – Uniform Contract Format |OCT 1997 |
|52.215-14 |Integrity of Unit Prices |OCT 1997 |
|52.215-17 |Waiver of Facilities Capital Cost of Money |OCT 1997 |
|52.219-8 |Utilization of Small Business Concerns |MAY 2004 |
|52.219-9 |Small Businesses Subcontracting Plan Alternate II |JUL 2005 |
|52.219-16 |Liquidated Damages—Subcontracting Plan |JAN 1999 |
|52.222-1 |Notice to the Government of Labor Disputes |FEB 1997 |
|52.222-3 |Convict Labor |JUN 2003 |
|52.222-21 |Prohibition of Segregated Facilities |FEB 1999 |
|52.222-26 |Equal Opportunity |APR 2002 |
|52.222-29 |Notification of Visa Denial |JUN 2003 |
|52.222-35 |Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and |DEC 2001 |
| |Other Eligible Veterans | |
|52.222-36 |Affirmative Action for Workers with Disabilities |JUN 1998 |
|52.222-37 |Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and |DEC 2001 |
| |Other Eligible Veterans | |
|52.223-5 |Pollution Prevention and Right-to-Know Information, Alternate I and II |AUG 2003 |
|52.223-6 |Drug-Free Workplace |MAY 2001 |
|52.223-14 |Toxic Chemical Release Reporting |JUN 2003 |
|52.224-1 |Privacy Act Notification |APR 1984 |
|52.224-2 |Privacy Act |APR 1984 |
|52.225-13 |Restrictions on Certain Foreign Purchases |MAR 2005 |
|52.225-14 |Inconsistency Between English Version and Translation of Contract |FEB 2000 |
|52.227-1 |Authorization and Consent |JUL 1995 |
|52.227-3 |Patent Indemnity |APR 1984 |
|52.227-14 |Rights in Data – General Alternates II, III, and V. |JUN 1987 |
| |Add to paragraph (a) of the Limited Rights Notice set forth in Alternate II: | |
| |(i) Use (except for manufacture) by support service Contractors on the FTS program, | |
| |including but not limited to nongovernment evaluators, management, and operations | |
| |support Contractors. This excludes other FTS comprehensive-and non-comprehensive | |
| |service Contractors. | |
|52.227-19 |Commercial Computer Software – Restricted Rights |JUN 1987 |
|52.228-5 |Insurance—Work on a Government Installation |JAN 1997 |
|52.229-4 |Federal, State, and Local Taxes (State and Local Adjustments) |APR 2003 |
|52.229-6 |Taxes - Foreign Fixed-Price Contracts |JUN 2003 |
|52.232-1 |Payments |APR 1984 |
|52.232-8 |Discounts for Prompt Payment |FEB 2002 |
|52.232-9 |Limitation on Withholding of Payments |APR 1984 |
|52.232-11 |Extras |APR 1984 |
|52.232-17 |Interest |JUN 1996 |
|52.232-33 |Payment by Electronic Funds Transfer- Central Contractor or Registration |OCT 2003 |
|52.233-1 |Disputes Alternate I |JUL 2002 |
|52.233-3 |Protest after Award |AUG 1996 |
|52.233-4 |Applicable Law for Breach of Contract Claim |OCT 2004 |
|52.237-2 |Protection of Government Buildings, Equipment, and Vegetation |APR 1984 |
|52.239-1 |Privacy or Security Safeguards |AUG 1996 |
|52.242-13 |Bankruptcy |JUL 1995 |
|52.243-1 |Changes—Fixed Price (Alternate II) |AUG 1987 |
|52.244-5 |Competition in Subcontracting |DEC 1996 |
|52.244-6 |Subcontracts for Commercial Items |MAY 2004 |
|52.245-2 |Government Property (Fixed Price Contracts |JUN 2004 |
|52.246-17 |Warranty of Supplies of a Noncomplex Nature |JUN 2003 |
|52.246-20 |Warranty of Services |MAY 2001 |
|52.246-23 |Limitation of Liability |FEB 1997 |
|52.246-25 |Limitation of Liability-Services |FEB 1997 |
|52.247-63 |Preference for U.S. - Flag Air Carriers |JUN 2003 |
|52.247-64 |Preference for Privately Owned U.S. Flag Air Carriers |APR 2003 |
|52.249-2 |Termination for Convenience for the Government (Fixed Price) |MAY 2004 |
|52.249-8 |Default (Fixed Price Supply and |APR 1984 |
|52.251-1 |Government Supply Sources |APR 1984 |
|52.253-1 |Computer Generated Forms |JAN 1991 |
I.2 CLAUSES INCORPORATED BY FULL TEXT (FAR & GSAM)
I.2.1 52.216-22 Indefinite Quantity (OCT 1995) (vARIATION)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated in the contract. The quantities of supplies and services specified in the contract are estimates only and are not purchased by this contract.
(b) Delivery or Performance shall be made only as authorized by orders issued in accordance with the ordering clause. The contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the contract up to and including the quantity designated in the contract as the “maximum.” The Government is responsible only for the minimum dollar guarantee designated in the contract.
(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the contractor shall not be required to make any deliveries under this contract beyond twelve (12) months after the expiration of this contract.
(End of Clause)
I.2.2 52. 217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _30_ days before the contract expires
(End of clause)
I.2.3 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (VARIATION)
(a) The Government may extend the term of this contract by written notice to the Contractor as provided for in Section H.1, Type and Term of Contract, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.
(End of clause)
I.2.4 552.203-71 Restriction on Advertising (Sep 1999)
The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”
(End of Clause)
I.2.5 552.215-70 Examination of Records by GSA (FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses thereunder. The term “subcontract” as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.
(End of Clause)
I.2.6 552.217-71 Notice Regarding Option(s) (NOV 1992)
The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.
(End of Provision)
I.2.7 552.219-71 Notice to Offerors of Subcontracting Plan Requirements (JUNE 2005)
The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.
(End of Provision)
I.2.8 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans (JUNE 2005)
(a) An offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.
(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.
(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:
(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.
(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.
(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.
(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:
(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.
(2) Consider previous goals and achievements of contractors in the same industry.
(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.
(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.
(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.
(End of Provision)
I.2.9 552.229-71 Federal Excise Tax—DC Government (SEP 1999)
If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal excise tax and show the amount of such tax on the invoice.
(End of Clause)
I.2.10 552.232-23 Assignment of Claims (SEP 1999)
Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted herefore:
In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as “the Act”), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off.
(End of Clause)
I.2.11 552.232-25 Prompt Payment (Jul 1998) (Deviation FAR 52.232-25)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (g)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments.
(1) The due date for making invoice payments by the designated payment office is:
(i) For orders placed electronically by the General Services Administration (GSA) Federal Supply Service (FSS), and to be paid by GSA through electronic funds transfer (EFT), the later of the following two events:
(A) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.
(B) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.
(ii) For all other orders, the later of the following two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.
(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor.
(iii) On a final invoice, if the payment amount is subject to contract settlement actions, acceptance occurs on the effective date of the contract settlement.
(2) The General Services Administration will issue payment on the due date in paragraph (a)(1)(i) of this clause if the Contractor complies with full cycle electronic commerce. Full cycle electronic commerce includes all the following elements:
(i) The Contractor must receive and fulfill electronic data interchange (EDI) purchase orders (transaction set 850).
(ii) The Contractor must generate and submit to the Government valid EDI invoices (transaction set 810) or submit invoices through the GSA Finance Center Internet-based invoice process. Internet-based invoices must be submitted using procedures provided by GSA.
(iii) The Contractor’s financial institution must receive and process, on behalf of the Contractor, EFT payments through the Automated Clearing House (ACH) system.
(iv) The EDI transaction sets in paragraphs (a)(2)(i) through (a)(2)(iii) of this clause must adhere to implementation conventions provided by GSA.
(3) If any of the conditions in paragraph (a)(2) of this clause do not occur, the 10 day payment due dates in (a)(1) become 30 day payment due dates.
(4) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are—
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(5) Contractor’s invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. Notwithstanding paragraph (g) of the clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items, if the Contractor submits hard-copy invoices, submit only an original invoice. No copies of the invoice are required. A proper invoice must include the items listed in paragraphs (a)(5)(i) through (a)(5)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in paragraph (a)(5) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.
(viii) Any other information or documentation required by the contract (such as evidence of shipment).
(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.
(6) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(6)(i) through (a)(6)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(7) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the “Renegotiation Board Interest Rate,” and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in paragraph (g)(5) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid.
iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
(8) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in paragraph (g)(7) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.
(9) Additional interest penalty.
(i) If this contract was awarded on or after October 1, 1989, a penalty amount, calculated in accordance with paragraph (a)(9)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor—
(A) Is owed an interest penalty of $1 or more;
(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(9)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)
(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall—
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) Demands must be postmarked on or before the 40th day after payment was made, except that—
(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or
(2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.
(iii)
(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except—
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in subdivision (a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein.
(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payments.
(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.
(2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(End of Clause)
I.2.12 552.232-73 Availability of Funds (SEP 1999)
The authorization of performance of work under this contract during the initial contract period and any option or extension period(s) is contingent upon the appropriation of funds to procure this service. If the contract is awarded, extended, or option(s) exercised, the Government’s obligation beyond the end of the fiscal year (September 30), in which the award or extension is made or option(s) exercised, is contingent upon the availability of funds from which payment for the contract services can be made. No legal liability on the part of the Government for payment of any money beyond the end of each fiscal year (September 30) shall arise unless or until funds are made available to the Contracting Officer for this procurement and written notice of such availability is given to the Contractor.
(End of Clause)
I.2.13 552.232-77 Payment By Governmentwide Commercial Purchase Card (MAR 2000)
(a) Definitions. “Governmentwide commercial purchase card” means a uniquely numbered credit card issued by a contractor under GSA’s Governmentwide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.
“Oral order” means an order placed orally either in person or by telephone.
(b) At the option of the Government and if agreeable to the Contractor, payments of $100,000 or less for oral or written orders may be made using the Governmentwide commercial purchase card.
(c) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder’s account for items returned as defective or faulty.
(d) Payments made using the Governmentwide commercial purchase card are not eligible for any negotiated prompt payment discount. Payment made using a Government debit card will receive the applicable prompt payment discount.
(End of Clause)
I.2.14 552.232-78 Payment Information (Jul 2000)
The General Services Administration (GSA) makes information on contract payments available electronically at . The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.
(End of Clause)
I.2.15 552.233-70 Protests Filed Directly with the General Services Administration (Mar 2000)
(a) The following definitions apply in this provision:
“Agency Protest Official for GSA” means the official in the Office of Acquisition Policy designated to review and decide procurement protests filed with GSA.
“Deciding official” means the person chosen by the protester to decide the agency protest. The deciding official may be either the Contracting Officer or the Agency Protest Official.
(b) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the protest complaint is received at the location the solicitation designates for serving protests. GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be considered received and filed the following business day.
(c) A protest filed directly with the General Services Administration (GSA) must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protester chooses to have the Contracting Officer or the Agency Protest Official for GSA decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protester prefers to make an oral presentation, a written presentation, or an oral presentation confirmed in writing, of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, fax number, and telephone number of the protester.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the protest (see paragraph (b) of this provision).
(d) An interested party filing a protest with GSA has the choice of requesting either that the Contracting Officer or the Agency Protest Official for GSA decide the protest.
(e) The decision by the Agency Protest Official for GSA is an alternative to a decision by the Contracting Officer. The Agency Protest Official for GSA will not consider appeals from the Contracting Officer’s decision on an agency protest.
(f) The deciding official must conduct a scheduling conference with the protester within three (3) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(g) Oral conferences may take place either by telephone or in person. Other parties (e.g., representatives of the program office) may attend at the discretion of the deciding official.
(h) The following procedures apply to information submitted in support of or in response to an agency protest:
(1) The protester and the agency have only one opportunity to support or explain the substance of the protest (either orally, in writing, or orally confirmed in writing).
(2) GSA procedures do not provide for any discovery.
(3) The deciding official has discretion to request additional information from either the agency or the protester. However, the deciding official will normally decide protests on the basis of information provided by the protester and the agency.
(4) Except as provided in paragraph (5)(ii) below, the parties are encouraged, but not required, to exchange information submitted to the Agency Protest Official for GSA.
(5) If the agency makes a written response to the protest, the following filing requirements apply:
(i) The agency must file its response to the protest with the deciding official within five (5) days after the filing of the protest.
(ii) The agency must also provide the protester with a copy of the response on the same day it files the response with the deciding official. If the agency believes it needs to redact or withhold any information in the response from the protester, it must obtain the approval of the deciding official.
(i) The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(j) An interested party may represent itself or be represented by legal counsel. GSA will not reimburse the party for any legal fees related to the agency protest.
(k) GSA will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(l) The deciding official will make a best effort to issue a decision on the protest within twenty-eight (28) days after the filing date. The decision may be oral or written. If the decision is communicated orally to the protester, the deciding official will confirm in writing within three (3) days after the decision.
(m) GSA may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a protest forum outside of GSA.
(End of Provision)
I.2.16 552.252-6 Authorized Deviations in Clauses (DEVIATION FAR 52.252-6) (SEP 1999)
(a) Deviations to FAR clauses.
1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).
(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.
(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.
(c) Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substantially the same as” basis are not considered deviations.
(End of Clause)
Section J
List of Attachments
Section J under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the exception of the following:
J.12 Enhanced Electronic Mail Electronic Data Interchange (EDI) and Sprintmail:
This section is deleted in its entirety and designated as “Reserved.”
Section K
Representations, Certifications and Other Statements of Offerors
Section K under the FTS2001 Contract GS00T99NRD2001, as modified, is hereby incorporated by reference and extended for the term of this contract number GS00T06NRD0002, including the option periods, with the exception of the following:
K.16 RESERVED – delete “RESERVED” in its entirety and replace in lieu thereof the following:
K.16 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 517110.
(2) The small business size standard is N/A.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (c) applies.
[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes identify change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
______________ _____________ ______ _________
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of Provision)
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