(f) Organizational Conflicts of Interest: Where there may be an organizational conflict 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.
(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may
not be presently available for any orders placed under the contract or any option year. The 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 (I) 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 timited to:
(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product categories.
Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The
Internet address is http://(www.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-
(1) All applicable acquisition regujations pertaining to the purchase of the items not on the Federal Supply Schedule
have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part
12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));
(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply
Schedule is fair and reasonable;
(3) ‘The items are clearly labeled on the order as items not on the Federal Supply Schedule; and
(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.
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