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Finance Committee - Agenda - 7/6/2016 - P21

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

THE CITY OF NASHUA “The Gate Cty

Finaneal Services

Purchasing Department

June 30, 2016
Memo #17-011

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CodeRED CONTRACT (VALUE: $22,000)
DEPARTMENT: 156 EMERGENCY MANAGEMENT; FUND: GENERAL
ACCOUNTING CATEGORY: 54 PROPERTY SERVICES

Please see the attached communication from Justin Kates, Director of Emergency Management, for
information related to this purchase.

Pursuant to § 5-84. Special purchase procedures. A. The competitive bidding process shall not apply
to the following special purchase. (3) Purchases which can be procured through cooperative
intergovernmental purchase agreements with other government jurisdictions.

This is a three (3) year contract and all three (3) years will be funded as a budgeted item in Department
156 Emergency Management.

The Director of Emergency Management and the Purchasing Department recommend awarding this
purchase in an amount of $22,000 to Emergency Communications Network of Ormond Beach, FL.

Respectfully,

y

Dan Kooken

Purchasing Manager

Cc: J. Kates J. Graziano

|229 Main Street « Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 e Fax (603) 589-3344

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Finance Committee - Agenda - 7/6/2016 - P21

Finance Committee - Agenda - 7/6/2016 - P22

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
22
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

City of Nashua

Office of Emergency Management Justin Kates, Director
; 603.722.0288
229 Main Street kates/@nashuanh.gov

Nashua, New Hampshire 03060

June 22, 2016

TO: DAN KOOKEN
PURCHASING MANAGER

SUBJECT: | CONTRACT AWARD FOR EMERGENCY NOTIFICATION SYSTEM
(VALUE: $66,000)
DEPARTMENT: 156 EMERGENCY MANAGEMENT: FUND: GENERAL
ACCOUNTING CATEGORY: 54 PROPERTY SERVICES

The City has a need to provide notification services to citizens and businesses during emergency and
non-emergency situations. Notification by phone, text message, e-mail, and social media can be widely utilized
across all departments in the City. Experience during the past few emergencies in Nashua have demonstrated the
need for this capability.

An Emergency Notification Committee, including representatives of Emergency Management, Police, Fire, Public
Works, Public Health, Community Development, School District, Information Technology, GIS, and Pennichuck
Water met frequently throughout 2016 to review the City’s existing sen/ice for emergency and non-emergency
notifications, provided by CodeRED. After comparing many vendors in the field of notification systems and
recognizing the value of retaining our existing caller database that has grown over the past three years, the
committee determined the CodeRED notification system by Emergency Communications Network, LLC provided the
best value, and best service for an unlimited access contract. The contract has been reviewed by our Legal

Department.

Pursuant to NRO § 5-84 (A)(3), fhe new service will contain pricing and be purchased based on co-operative
General Services Administration (GSA) Contract Schedule 70, Contract #GS-35F-0253W, Special Item Number
132-32. Additionally, other supplier pricing was investigated prior to determining this to be best value for the city. The
Emergency Management Director was able to negotiate the standard GSA pricing down over 65 percent to a final
cost of $22,000 per year for a three year net contract totaling $66,000. In addition, we were able to include unlimited
service for Pennichuck Water for their entire service area.

Pursuant to NRO § 5-74 (B) which states that a contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose shall be approved
by the full Board of Aldermen before the contract shall become binding on the City.

All three years will be funded by as a budgeted item in Department 156 Emergency Management.
Two additional contract addendums are included to provide local access to FEMA’s Integrated Public Alert &

Warning System (IPAWS) and CodeRED’s Weather Warning functionality at no cost for as long as the State of NH
retains a contract for these features as part of their NH Alerts service. These are some of the many benefits to

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Finance Committee - Agenda - 7/6/2016 - P22

Finance Committee - Agenda - 7/6/2016 - P23

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

having a fully interoperable notification service with both the State of NH and the City of Nashua, both utilizing the
CodeRED infrastructure.

The Emergency Management Director and the Emergency Notification Committee recommend awarding the contract
in the amount of $66,000 to Emergency Communications Network, Ormond Beach, FL.

Thank You,
2 =

Justin Kates

cc: J. Griffin J. Graziano

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Finance Committee - Agenda - 7/6/2016 - P23

Finance Committee - Agenda - 7/6/2016 - P24

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
24
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

AUTHORIZED
INFORMATION TECHNOLOGY SCHEDULE PRICELIST
GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY
EQUIPMENT, SOFTWARE AND SERVICES

The web-based CodeRED® service, from Emergency Communications Network LLC (ECN), was designed specifically to enable
local government officials to record, send and track personalized voice, email and text messages to thousands of citizens in
minutes, as well as to staff members, students or other internal notification uses. The proprietary mapping technology and patented
delivery methods employed by ECN add to the value of this affordabie, high-speed notification system that has been in operation
since 1998 and is currently used every day by clients from coast to coast.

SPECIAL ITEM NUMBER 132-32 - TERM SOFTWARE LICENSES

Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and
technology to maintain the operability and usability of the software product. It may also include other no charge support that are
included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs,
discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email
and/or web-based general technical support for user’s seif diagnostics.

Software maintenance as a product does NOT include the creation, design. implementation, integration, etc. of a software package.
These examples are considered saftware maintenance as a service.

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE
Large Scale Computers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software

Microcomputers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software

General Services Administration
Federal Acquisition Service

Pricelist current through Modification # , dated

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the
GSA Advantage! System (http://vww.gsaadvantage.gov).

Emergency Communications Network, LLC
780 West Granada Blvd
Ormond Beach, FL 32174
866-939-0911
’ ECNetwork.com

Contract Number: GS-35FA153W

Period Covered by Contract: 2/17/2010 — 2/16/2020

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Finance Committee - Agenda - 7/6/2016 - P24

Finance Committee - Agenda - 7/6/2016 - P25

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
25
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

Table of Contents

Table of Contents

Information for Ordering Activities

Terms and Conditions Applicable to Term Software Licenses
(Special Item 132-32)

USA Commitment to Promote Small Business Participation
Procurement Programs

Product Pricing

Page 2

Pages 3-8

Pages 9-11

Page 12

Page 13-18

Page 2

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Finance Committee - Agenda - 7/6/2016 - P25

Finance Committee - Agenda - 7/6/2016 - P26

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
26
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

INFORMATION FOR ORDERING ACTIVITIES
APPLICABLE TO ALL SPECIAL ITEM NUMBERS

SPECIAL NOTICE TO AGENCIES: Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Acquisition Service. To enhance Small Business
Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be
placed against the Federal Supply Schedules, and to report accomplishments against these goals.

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three
schedule contracters or consider reasonably available information by using the GSA Advantage!™ on-line shopping service
(www.gsaad vantage.gov). The catalogs/pricelists, GSA Advantage!™ and the Federal Acquisition Service Home Page
(www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It
should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those
considered when selecting pricelists for a best value determination.

For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more
items at the same delivered price will satisfy their requirement.

1. GEOGRAPHIC SCOPE OF CONTRACT:
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories.

Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas
activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S,
Territories. : ,

Offerors are requested to check one of the following boxes:
[] The Geographic Scope of Contract will be domestic and overseas delivery.
| The Geographic Scope of Contract will be overseas delivery only.
[x] The Geographic Scope of Contract will be domestic delivery only.

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION:

Emergency Communications Network, LLC
780 West Granada Blvd
Ormond Beach, FL 32174
866-939-0911
ECNetwork.com

Contractor must accept the credit card for payments equal to or less than the micro-purchase for oral or written orders under this
contract. The Contractor and the ordering agency will use the credit card for dollar amounts over the micro-purchase threshold
(See GSAR 552.232-79 Payment by Credit Card). In addition, bank account information for wire transfer payments will be
shown on the invoice.

The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance:

866 939 0911

3. LIABILITY FOR INJURY OR DAMAGE

The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from
the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the
Contractor.

Page 3

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Finance Committee - Agenda - 7/6/2016 - P26

Finance Committee - Agenda - 4/6/2022 - P20

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

27,

28,

29.

30.

In the event Professional Consultant (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official
arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City of Nashua may terminate the contract at will or for cause in
accordance with paragraph 8. Upon termination, Professional Consultant shall refund to
the City of Nashua any profits realized under this contract, and Professional Consultant
shali be liable to the City of Nashua for any costs incurred by the City of Nashua in
completing the work described in this contract. At the discretion of the City of Nashua,
these sanctions shall also be applicable to any such conviction obtained after the expiration
or completion of the contract.

Professional Consultant warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Professional Consultant to any officer or
employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua
determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract
or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Professional
Consultant, including any of their respective agents or employees, shall not be liable to
third parties for any act or omission of the other party. This contract is not intended to
create any rights, powers, or interest in any third party and this agreement is entered into
for the exclusive benefit of the City of Nashua and Professional Consultant.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by
their nature survive termination or completion of this contract shall remain in full force and
effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or regulations,
the invalidity or unenforceability of any particular provision of this contract shall not affect
any other provision, the contract shall be construed as if such invalid or unenforceable
provisions were omitted, and the parties may renegotiate the invalid or unenforceable
provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the
entire contract between the City of Nashua and Professional Consultant. The parties shall
not be bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes, amendments,
or modifications of any terms or conditions of the contract shall be valid unless reduced to
writing and signed by both parties.

GC 12 of 13

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Finance Committee - Agenda - 4/6/2022 - P20

Finance Committee - Agenda - 7/6/2016 - P27

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

4, STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM
279:

Block 9: G. Order/Modification Under Federal Schedule

Block 16: Data Universal Numbering System (DUNS) Number: 80-123-7293
Block 30: Type of Contractor —B: Other Small Business

Block 31: Woman-Owned Small Business - NO

Block 36: Contractor's Taxpayer Identification Number (TIN): 59-3579383

4a. CAGE Code: 4TVW4

4b. Contractor has registered with the Central Contractor Registration Database.

5. FOB: DESTINATION

6. DELIVERY SCHEDULE

a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of

order (ARO), as set forth below:

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)
132-32 30 Days
b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide

urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor
for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt.
(Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time
acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be
delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

7, DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted.
a, Prompt Payment: 0% - 30 days from receipt of invoice or date of acceptance, whichever is later.
b. Quantity 10% additional discount for quantities in excess of 5 licenses

Dollar Volume None

d. Government Educational Institutions Government Educational Institutions are offered the same discounts as all
other Government customers.*
e. Other. None
8. TRADE AGREEMENTS ACT OF 1979, as amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end
products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: None

10. Small Requirements: The minimum dollar value of orders to be issued is $100.

11. MAXIMUM ORDER {AII dollar amounts are exclusive of any discount for prompt payment.)
a. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:

Special Item Number 132-32 - Term Software Licenses

Page 4

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Finance Committee - Agenda - 7/6/2016 - P27

Finance Committee - Agenda - 7/6/2016 - P28

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or
establishing a BPA for supplies or services. These procedures apply to all schedules.

a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS:
ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as
appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein
comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are
cited by ordering activities, shall be responded to promptly by the Contractor.

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information
Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be
acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing
Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and
Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be
obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS
PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to
the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above
address, or telephone number (703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this
Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has
been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S.
Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering
information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition
Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-
8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their
applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and
Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003)

(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the
performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances
should be factored into the price offered under the Multiple Award Schedule.

(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and
per diem charges are governed by Pub .L, 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be
priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will
only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel
and per diem charges.

(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any
variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated
with cbtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the
Multiple Award Schedule program.

(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific
FSC/service code classifications offered, All costs associated with obtaining/possessing such insurance should be factored
into the price offered under the Multiple Award Schedule program.

(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the

performance of orders issued under this contract, Ordering activities may require agency approval of additions or
replacements to key personnel.

Page 5

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Finance Committee - Agenda - 7/6/2016 - P28

Finance Committee - Agenda - 7/6/2016 - P29

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 07/06/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2016 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

(f) Organizational Conflicts of Interest: Where there may be an organizational contlict of interest as determined by the ordering
agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

(g} Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules,
regulations, OMB orders, standards and documentation as specified by the agency’s order.

(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the
agency’s order.

(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment,
materials or resources as necessary.

Gj) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may
not be presently available for any orders placed under the contract or any option year. The Government’s obligation on
orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering
purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available
to the ordering Contracting Officer.

(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having
worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the
Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one
or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting
Officer under provisions of FAR 52.212-4, paragraphs (1) Termination for the ordering activity’s convenience, and (m)
Termination for Cause (See 52.212-4)

16. GSA ADVANTAGE!

GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’
schedule prices with ordering information, GSA Advantage! will allow the user to perform various searches across all contracts
including, but not limited to:

Q) Manufacturer;
() Manufacturer's Part Number; and
(3) Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The
Internet address is http://Awww.gsaadvantage. gov

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal
Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases.
Ordering Activities procuring open market items must follow FAR 8.402(f).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award
Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an
individual task or delivery order, only if-

(4) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule
have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part
12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

Q) The ordering activity contracting officer has determined the price for the iterns not on the Federal Supply
Schedule is fair and reasonable;

QB) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

Page 6

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