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HomeMy WebLinkAboutFour Points Technology(Ij " FOUR POINTS TECHNO' nananizasiouovormiworrnsmuLzusnass AUTHORIZED FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES Special Item No. 132-8 Purchase of Equipment Special Item No. 132-12 Maintenance, Repair Service and Repair Parts/Spare Parts Special Item No. 132-33 Perpetual Software Licenses Special Item No. 132-34 Maintenance of Software Special Item No. 132.51 Information Technology Services . SIN 132-8 PURCHASE OF EQUIPMENT FSC CLASS 7010 - SYSTEM CONFIGURATION End User Computers/Desktop Computers Laptop/Portable/Notebook Computers FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES Printers Display Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens Network Equipment Storage Devices including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage SIN 132-12 - MAINTENANCE OF EQUIPMENT, REPAIR SERVICE, AND REPAIR PARTS/SPARE PARTS (FPDS Code J070 - Maintenance and Repair Service)(Repair PartslSpare Parts - See FSC Class for basic equipment) - Maintenance - Repair Service SIN 132-33 - PERPETUAL SOFTWARE LICENSES FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Application Software Utility Software Microcomputers Application Software Utility Software SIN 132-34 - MAINTENANCE OF SOFTWARE SIN132-51 - INFORMATION TECHNOLOGY SERVICES Four Points Technology, LLC 11350 Random Hills Rd. Suite 650 Fairfax, VA 22030-7428 703-279-6404 http ://www.4points.com Contract Number: GS-35F-0553P Period Covered by Contract: 05/26/2004 -- 05/25/2009 General Services Administration Federal Supply Service Pricelist current through Modification # P00003 , dated 8/26/2004 . Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service's Home Page via the Internet at http://www.fss.gsa.gov/ 2 TABLE OF CONTENTS INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (SPECIAL ITEM NUMBER 132-8) TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT -OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12) SERVICE AREAS TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE BASIC GUIDELINES FOR USING "CONTRACTOR TEAM ARRANGEMENTS" D. CONTRACT TERMS AND CONDITIONS E. SOLICITATION PROVISIONS F. EVALUATION G. OFFEROR SUPPLIED INFORMATION 3 SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. 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 contractors or consider reasonably available information by using the GSA Advantage!TM on-line shopping service (www.gsaadvantage.gov ). The catalogs/pricelists, GSA Advantage!TM and the Federal Supply Service Home Page (www.fss.esa.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: The geographic scope of this contract is the 48 contiguous states and the District of Columbia. 2. Contractor's Ordering Address and Payment Information: Four Points Technology, LLC 11350 Random Hills Rd., Suite 650 Fairfax, VA 22030-7428 Contractors are required to accept credit cards for payments equal to or less than the micro -purchase threshold for oral or written delivery orders. Credit cards will/will not be acceptable for payment above the micro -purchase threshold. 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: 703-279-6404 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. 4 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: 08-989-6737 Block 30: Type of Contractor - B Block 31: Woman -Owned Small Business - NO Block 36: Contractor's Taxpayer Identification Number (TIN): 03-0433660 4a. CAGE Code: 1YS78 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) SIN 132-8 14 Days SIN 132-33 14 Days 2 days expedited delivery 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: NET 30 days from receipt of invoice or date of acceptance, whichever is later. b. Quantity: None c. Dollar Volume: None d. Government Educational Institutions: e. Other: None Government Educational Institutions are offered the same discounts as all other Government customers. 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. 5 9. Statement Concerning Availability of Export Packing: 10. Small Requirements: The minimum dollar value of orders to be issued is $ 100 . 11. Maximum Order (All dollar amounts are exclusive of any discount for prompt payment.) The Maximum Order value for the following Special Item Numbers (SINs) is $500,000: Special Item Number 132-8 -- Purchase of Equipment Special Item Number 132-12 — Maintenance of' Equipment Special Item Number 132-33 -- Perpetual Software Licenses Special Item Number 132-34 — Maintenance of Software Special Item Number 132-51 -- Information Technology Services 12. USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE CONTRACTS. In accordance with FAR 8.404: Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under Federal Supply Schedules, ordering activities need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set -asides in accordance with subpart 19.5. GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering activity has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the ordering activity's needs. a. Orders placed at or below the micro -purchase threshold. ordering activities can place orders at or below the micro -purchase threshold with any Federal Supply Schedule Contractor. b. Orders exceeding the micro -purchase threshold but not exceeding the maximum order threshold. Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering activities should consider reasonably available information about the supply or service offered under MAS contracts by using the "GSA Advantage!" on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the ordering activity's needs. In selecting the supply or service representing the best value, the ordering activity may consider-- (1) Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service; (2) Trade-in considerations; (3) Probable life of the item selected as compared with that of a comparable item; (4) Warranty considerations; (5) Maintenance availability; (6) Past performance; and (7) Environmental and energy efficiency considerations. c. Orders exceeding the maximum order threshold. Each schedule contract has an established maximum order threshold. This threshold represents the point where it is advantageous for the ordering activity to seek a price reduction. In addition to following the 6 procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering activities shall -- Review additional Schedule Contractors' (1) catalogs/pricelists or use the "GSA Advantage!" on-line shopping service; (2) Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and (3) After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative. If further price reductions are not offered, an order may still be placed, if the ordering activity determines that it is appropriate. NOTE: For orders exceeding the maximum order threshold, the Contractor may: (1) Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR 52.216-19 Order Limitations); (2) Offer the lowest price available under the contract; or (3) Decline the order (orders must be returned in accordance with FAR 52.216-19). d. Blanket purchase agreements (BPAs). The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR 8.404. All schedule contracts contain BPA provisions. ordering activities may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times. e. Price reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering activities will find it advantageous to request a price reduction. For example, when the ordering activity finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering activity the opportunity to secure greater discounts. Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order. f. Small business. For orders exceeding the micro -purchase threshold, ordering activities should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement. g. Documentation. Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid. If an ordering activity requirement, in excess of the micro -purchase threshold, is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering activity shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the ordering activity's needs. 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. 7 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 (MIST), 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 (MIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply 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 2001) (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. 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 obtaining/ 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. (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. 8 (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. 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 C.1.) 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: (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. 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 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)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) (4) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and All clauses applicable to items not on the Federal Supply Schedule are included in the order. 9 18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation quotations for individual orders; (2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: NOT APPLICABLE Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. BLANKET PURCHASE AGREEMENTS (BPAs) Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as "...a simplified method of filling anticipated repetitive needs for supplies or services by establishing `charge accounts' with qualified sources of supply." The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3), which reads, in part, as follows: "BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract." Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up "accounts" with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool. 21. CONTRACTOR TEAM ARRANGEMENTS 10 Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor's Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION, DEINSTALLATION, REINSTALLATION The Davis -Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis -Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis -Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis -Bacon Act. The proper Davis -Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. 23. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following: www.4points.com The EIT standard can be found at: www.Section508.gov/. 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: This order is placed under written authorization from dated . In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. 25. INSURANCE —WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required 11 insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (c) (I) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2. ORDER Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES a. INSTALLATION. When the equipment provided under this contract is not normally self -installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule: 12 All equipment is self installable b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis -Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis - Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis -Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis -Bacon Act. The proper Davis -Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract, the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: Four Points Technology, L.L.C., 11350 Random Hills Rd., Suite 650 Fairfax, VA 22030-7428 7. PURCHASE PRICE FOR ORDERED EQUIPMENT 13 The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less. S. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46). 14 1. SERVICE AREAS a. The maintenance and repair rates listed herein are applicable to any Government location within a 30 mile radius of Four Points Technology's service points. If any additional charge is to apply because of the greater distance from Four Points Technology's service locations, the mileage rate or other distance factor shall be stated in paragraph 8.c and 9.c.(3) of this Special Item 132-12. b. When repair services cannot be performed at the Government installation site, the repair services will be performed at Four Points Technology's plant(s) listed below: Four Points Technology, LLC. 2744-B Gallows Road Vienna, Virginia 22180 2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. Four Points Technology shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132-12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by Four Points Technology as prescribed by this paragraph, the order shall be considered to be confirmed by Four Points Technology. b. Four Points Technology shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. c. Maintenance may be discontinued by the Government on thirty (30) calendar days written notice, or shorter notice when agreed to by Four Points Technology; such notice to become effective thirty (30) calendar days from the date on the notification. However, the Government may extend the original 15 discontinuance date upon written notice to Four Points Technology, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross -year Funding Within Contract Period. Where an ordering office's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period, the ordering office may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. f. Ordering offices should notify Four Points Technology in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering office agrees, in advance, that additional repair personnel are required to effect repairs. 4. LOSS OR DAMAGE When Four Points Technology removes equipment to its establishment for repairs, Four Points Technology shall be responsible for any damage or loss, from the time the equipment is removed from the Government installation, until the equipment is returned to such installation. 5. SCOPE a. Four Points Technology shall provide maintenance for all equipment listed herein, as requested by the Government agency during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by Four Points Technology, without charge to the Government. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by Four Points Technology, if the equipment was under Four Points Technology's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. 16 (3) If the equipment was not under the Four Points Technology's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the Government, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract). 6. RESPONSIBILITIES OF THE GOVERNMENT a. Government personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract, unless agreed to by Four Points Technology. b. Subject to security regulations, the Government shall permit access to the equipment which is to be maintained. 7. RESPONSIBILITIES OF THE CONTRACTOR For equipment not covered by a maintenance contract or warranty, Four Points Technology's repair service personnel shall complete repairs as soon as possible after notification by the Government that service is required. Within the service areas, this repair service should normally be done within 8 hours after notification. 8. MAINTENANCE RATE PROVISIONS a. REGULAR HOURS (1) Four Points Technology shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the Government. (2) The basic monthly rate for each make and model of machine shall entitle the Government to remedial maintenance service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the Government location. b. AFTER HOURS Should the Government require that remedial maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be $285 per hour. Periods of less than one hour will be prorated to the nearest quarter hour. c. TRAVEL AND TRANSPORTATION (1) If any charge is to apply, over and above the regular maintenance rates, because of the distance between the Government location and Four Points Technology's service area, the charge will be at the contract rate for time and materials service. 17 (2) Such additional charge, if any, will apply to each remedial maintenance request, and will be limited to one round trip for each service call. 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work, and, when applicable, the charge for travel or transportation. b. MULTIPLE MACHINES. When repairs are ordered by a Government agency on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the Government, provided the time consumed in going between machines (or buildings) is reasonable. c. TRAVEL OR TRANSPORTATION (1) AT FOUR POINTS TECHNOLOGY'S SHOP (a) When equipment is returned to Four Points Technology's shop for adjustments or repairs which are not covered by the guarantee provision, the cost of transportation, packing, etc., from the Government location to Four Points Technology's plant, and return to the Government location, shall be borne by the Government. (b) The Government should not return defective equipment to Four Points Technology for adjustments and repairs or replacement without its prior consultation and instruction. (2) AT THE GOVERNMENT LOCATION (Within Established Service Areas) When equipment is repaired at the Government location, and repair service rates are established for service areas or zones, the listed rates are applicable to any Government location within such service areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the Government office; such overhead is included in the repair service rates listed. (3) AT THE GOVERNMENT LOCATION (Outside Established Service Areas) (a) The repair service rates listed for subparagraph (2) above apply, except that a travel charge of $.35 per mile for repairmen will apply to the round-trip distance between the geographic limits of the applicable service area and the Government location. Such 18 charge will apply as an additional charge, but it will be limited to one round trip for each request that is made by the ordering activity for repair service, regardless of whether repairs are performed at the Government location or at Four Points Technology's shop. (b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs, and the allowable Government per diem rate for each night the repairman is required to remain overnight at the Government location), the Government shall have the option of reimbursing Four Points Technology for actual costs, provided that the actual costs are reasonable and allowable. Four Points Technology shall furnish the Government with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates, times, and the applicable mode of travel. d. LABOR RATES (1) REGULAR HOURS - The Regular Hours repair service rates listed herein shall entitle the Government to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the Government location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of Four Points Technology. (2) AFTER. HOURS - When the Government requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the Government location, the After Hours repair service rates Listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of Four Points Technology. (3) SUNDAYS AND HOLIDAYS - When the Government requires that repair service be performed on Sundays and Holidays observed at the Government location, the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of Four Points Technology on Sundays or Holidays observed at the Government location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply. 19 REPAIR SERVICE RATES TIME & MATERIALS MAINTENANCE RATES (Rates are based on portal to portal). Off -site at After Hours On -site at FPT's at Client Site Depot Facility Either Site Hourly Rate (2 hour minimum for 0001 hardware) $52.64 $50.38 $157.93 0001 a Each 114 hour after the first hour. $13.16 $12.59 $39.48 After Hours at Outside of 100 mile radius of Depot Facility On -site Either Site Hourly Rate (2 hour minimum for 0002 hardware) $94.76 $284.28 0002 a Each 1/4 hour after the first hour. $23.69 $71.07 10. Repair Parts/Spare Parts Rate Provisions: All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. 11. Guarantee/Warranty—Repair Service And Repair Parts/Spare Parts a. REPAIR SERVICE: All repair work will be guaranteed/warranted for a period of 30 days. b. REPAIR PARTS/SPARE PARTS: All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period of 30 days. 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. 20 b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph #10, above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. AK Anchorage ANCHORAGE, AK A AK Fairbanks ANCHORAGE, AK D AK Juneau JUNEAU, AK A AK Ketchikan JUNEAU, AK D AL Albertville BIRMINGHAM, AL B Service Proximity Code Miles A 0-50 B 50 - 100 C 100- 150 D 150+ AL Alexander City BIRMINGHAM, AL B AL Andalusia MOBILE, AL B AL Anniston BIRMINGHAM, AL B AL Bessemer BIRMINGHAM, AL A AL Birmingham BIRMINGHAM, AL A AL Cullman BIRMINGHAM, AL A AL Decatur BIRMINGHAM, AL B AL Dothan MONTGOMERY, AL B AL Fairhope MOBILE, AL A AL Florence HUNTSVILLE, AL B AL Gadsden BIRMINGHAM, AL B AL Huntsville HUNTSVILLE, AL A AL Jackson MOBILE, AL B AL Jasper BIRMINGHAM, AL A 21 AL Montgomery MONTGOMERY, AL A AL Opelika MONTGOMERY, AL B AL Scottsboro HUNTSVILLE, AL A AL Selma MONTGOMERY, AL A AL Talladega BIRMINGHAM, AL A AL Troy MONTGOMERY, AL A AL Tuscaloosa BIRMINGHAM, AL AR Batesville LITTLE ROCK, AR A AR Blytheville LITTLE ROCK, AR C AR Conway LITTLE ROCK, AR A AR El Dorado LITTLE ROCK, AR AR Fayetteville LITTLE ROCK, AR. AR Forrest City LITTLE ROCK, AR AR Ft. 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Riverside CHICAGO, IL A IL Oak Park CHICAGO, IL A IL Pekin PEORIA, IL A IL Peoria PEORIA, IL A IL Peru BLOOMINGTON, IL B IL Quincy SPRINGFIELD, IL C IL Rock Island PEORIA, IL C IL Rockford ROCKFORD, IL A IL Springfield SPRINGFIELD, IL A IL Sterling ROCKFORD, IL B IL Waukegan CHICAGO, IL B IL W Frankfort MARION, IL A IL Woodstock ROCKFORD, IL A IN Anderson ANDERSON, IN A IN Auburn FT. WAYNE, IN A IN Bloomington INDIANAPOLIS, IN A IN Columbus INDIANAPOLIS, IN A IN Crawfordsville INDIANAPOLIS, IN A IN Elkhart SOUTH BEND, IN A IN Evansville MARION, IL B IN Ft. Wayne FT. WAYNE, IN A IN Gary CHICAGO, IL A IN Hammond CHICAGO, IL A IN Indianapolis INDIANAPOLIS, IN A IN Kokomo INDIANAPOLIS, IN A IN Lafayette INDIANAPOLIS, IN B IN Madison LOUISVILLE, KY IN Marion FT. WAYNE, IN B IN Merrillville CHICAGO, IL B 33 IN Michigan City CHICAGO, IL IN Muncie ANDERSON, IN A IN New Albany LOUISVILLE, KY A IN Richmond INDIANAPOLIS, IN B IN South Bend SOUTH BEND, IN A IN Terre Haute INDIANAPOLIS, IN IN Valparaiso CHICAGO, IL IN Vincennes MARION, IL C KS Dodge City WICHITA, KS C KS Empora TOPEKA, KS A KS Hays TOPEKA, KS D KS Hutchinson WICHITA, KS A KS Indepenence TULSA, OK B KS Kansas City KANSAS CITY, KS A KS Lawrence TOPEKA, KS A KS Lenexa KANSAS CITY, KS A KS Manhattan TOPEKA, KS B KS Ottawa TOPEKA, KS B KS Pittsburg TULSA, OK C KS Salina WICHITA, KS B KS Topeka TOPEKA, KS A KS Wichita WICHITA, KS A KS Winfield WICHITA, KS A KY Ashland PARKERSBURG, WV C KY Bowling Green NASHVILLE, TN A KY Campbellsville LEXINGTON, KY C KY Corbin LEXINGTON, KY C KY Danville LEXINGTON, KY B KY Elizabethtown LOUISVILLE, KY B KY Frankfort LEXINGTON, KY A KY Ft. Mitchell CINCINNATI, OH A KY Harlan LEXINGTON, KY D 34 KY Hazard LEXINGTON, KY KY Henderson LOUISVILLE, KY C KY Hopkinsville NASHVILLE, TN B KY Jackson LEXINGTON, KY C KY Lexington LEXINGTON, KY A KY Louisville LOUISVILLE, KY A KY Madisonville NASHVILLE, TN C KY Mayfield MARION, IL B KY Maysville LEXINGTON, KY B KY Middlesboro LEXINGTON, KY D KY Owensboro LOUISVILLE, KY C KY Paduca MARION, IL B KY Pikeville LEXINGTON, KY D KY Prestonsburg LEXINGTON, KY D KY Richmond LEXINGTON, KY A KY Somerset LEXINGTON, KY C LA Alexandria SHREVEPORT, LA C LA Bastrop SHREVEPORT, LA B LA Baton Rouge BATON ROUGE, LA A LA Bogalusa BATON ROUGE, LA B LA Covington NEW ORLEANS, LA A LA tDeridder SHREVEPORT, LA C LA Gretna NEW ORLEANS, LA A LA Hammond NEW ORLEANS, LA A LA Houma NEW ORLEANS, LA A LA Lafayette BATON ROUGE, LA LA Lake Charles BATON ROUGE, LA C LA Leesville SHREVEPORT, LA C LA Metairie NEW ORLEANS, LA A LA Minden SHREVEPORT, LA A LA Morgan City NEW ORLEANS, LA B TX Mt. Pleasant SHREVEPORT, LA C LA Natchitoches SHREVEPORT, LA B 35 LA New Iberia BATON ROUGE, LA B LA New Orleans NEW ORLEANS, LA A LA Opelousas BATON ROUGE, LA B LA Plaquemine BATON ROUGE, LA A LA RUSTON SHREVEPORT, LA B LA Shreveport SHREVEPORT, LA A LA Tallulah JACKSON, MS MA Attleboro BOSTON, MA A MA Boston BOSTON, MA A MA Brockton BOSTON, MA A MA Brookline BOSTON, MA A MA Chelsea BOSTON, MA A MA Dorchester BOSTON, MA A MA Fall River CAPE COD, MA B MA Falmouth CAPE COD, MA B MA Fitchburg WORCESTER, MA A MA Framingham BOSTON, MA A MA Gardner GREENFIELD, MA A MA Greenfield GREENFIELD, MA A MA Hanover BOSTON, MA A MA Haverhill BOSTON, MA A MA Holyoke SPRINGFIELD, MA A MA Hyannis CAPE COD, MA A MA Lawrence BOSTON, MA A MA Lowell BOSTON, MA A MA Lynn BOSTON, MA A MA Malden BOSTON, MA A MA New Bedford CAPE COD, MA B MA North Adams SPRINGFIELD, MA A MA Norwood BOSTON, MA A MA Pittsfield PITTSFIELD, MA A MA Quincy BOSTON, MA A MA Roslindale BOSTON, MA A 36 MA Roxbury BOSTON, MA MA Salem MA Somerville MA Springfield MA Taunton MA Waltham MA Worcester MD Annapolis MD Baltimore MD Bel Air MD Cambridge MD Columbia MD Elkton MD Frederick MD Glen Burnie MD Hagerstown MD Lavale MD Owings Mills MD Randallstown MD Rockville MD Salisbury MD Seat Pleasant MD Silver Springs MD Temple Hills MD Towson MD Westminster MD Wheaton ME Auburn ME Augusta ME Bangor ME Biddeford BOSTON, MA BOSTON, MA SPRINGFIELD, MA CAPE COD, MA BOSTON, MA WORCESTER, MA LANHAM, MD BALTIMORE, MD LANHAM, MD BALTIMORE, MD BALTIMORE, MD BALTIMORE, MD HAGERSTOWN/FREDERICK, MD BALTIMORE, MD LANHAM, MD HAGERSTOWN/FREDERICK, MD HAGERSTOWN/FREDERICK, MD BALTIMORE, MD BALTIMORE, MD LANHAM, MD NORFOLK, VA LANHAM, MD LANHAM, MD LANHAM, MD BALTIMORE, MD BALTIMORE, MD LANHAM, MD PORTLAND, ME PORTLAND, ME PORTLAND, ME PORTLAND, ME A A A A A A A A A A A A A A A A A A A A A A A A A A A A 37 ME Presque Isle PORTLAND, ME PORTLAND, ME D ME Rockland PORTLAND, ME A ME Rumford PORTLAND, ME A ME MI Waterville Adrian PORTLAND, ME ANN ARBOR, MI A MI Alpena SAGINAW, MI C MI Ann Arbor ANN ARBOR, MI A MI Battle Creek BATTLE CREK, MI A MI Bay City SAGINAW, MI A MI Benton Harbor KALAMAZOO, MI B MI Big Rapids GRAND RAPIDS, MI A MI Dearborn DETROIT, MI A MI Detroit DETROIT, MI A MI Escanaba OSHKOSH, WI C MI Farmington Hills DETROIT, MI A MI Flint FLINT, MI A MI Grand Rapids GRAND RAPIDS, MI A MI Hamtrack DETROIT, MI A MI Hancock WAUSAU, WI C MI Highland Prk DETROIT, MI A MI Holand GRAND RAPIDS, MI A MI Inkster DETROIT, MI A MI Iron Mountain WAUSAU, WI C MI Ironwood WAUSAU, WI C MI Jackson JACKSON, MI A MI Kalamazoo KALAMAZOO, MI A MI Lansing LANSING, MI A MI Livonia DETROIT, MI A MI Ludington MUSKEGON, MI MI Marquette WAUSAU, WI MI Monroe DETROIT, MI A MI Mount Clemens DETROIT, MI A 38 MI Mt. Pleasant SAGINAW, MI MI Muskegon MUSKEGON, MI A MI Owosso LANSING, MI A MI Petoskey SAGINAW, MI MI Pontiac PONTIAC, MI A MI Port Huron DETROIT, MI A MI Roseville DETROIT, MI A MI Royal Oak DETROIT, MI A MI Saginaw SAGINAW, MI A MI Sault St. Marie SAGINAW, MI D MI Traverse City SAGINAW, MI C MI Warren DETROIT, MI A MI West Branch SAGINAW, MI B MI Wyandotte DETROIT, MI A MN Alexandria ST. CLOUD, MN B MN Austin MINNEAPOLIS, MN B MN Bemidji ST. CLOUD, MN C MN Brainerd ST. CLOUD, MN B MN Brooklyn Center MINNEAPOLIS, MN A MN Duluth DULUTH, MN A MN Fairmont MINNEAPOLIS, MN C MN Fergus Falls FARGO,ND B MN Hibbing DULUTH, MN B MN Mankato MINNEAPOLIS, MN B MN Marshall SIOUX FALLS, SD B MN Minneapolis MINNEAPOLIS, MN A MN Rochester MINNEAPOLIS, MN B MN St. Cloud ST. CLOUD, MN A MN St. Louis Prk MINNEAPOLIS, MN A MN St. Paul MINNEAPOLIS, MN A MN Winona MINNEAPOLIS, MN MO Arnold ST. LOUIS, MO A 39 MO Cape Girardeau MARION, IL MO Chillicothe KANSAS CITY, KS B MO Clayton ST. LOUIS, MO A MO Columbia COLUMBIA, MO A MO Creve Couer ST. LOUIS, MO A MO Flat River ST. LOUIS, MO B MO Florissant ST. LOUIS, MO A MO Gladstone KANSAS CITY, KS A MO Hannibal ST. LOUIS, MO B MO Independence KANSAS CITY, KS A MO Jefferson City COLUMBIA, MO A MO Joplin SPRINGFIELD, MO B MO Kansas City KANSAS CITY, KS A MO Kennett MEMPHIS, TN B MO Kerwood COLUMBIA, MO C MO Kirksville COLUMBIA, MO B MO Lebanon SPRINGFIELD, MO A MO Maryville KANSAS CITY, KS B MO Moberly COLUMBIA, MO A MO Nevada KANSAS CITY, KS B MO Poplar Bluff ST. LOUIS, MO C MO Rolla ST. LOUIS, MO B MO Sedalia COLUMBIA, MO B MO Sikeston ST. LOUIS, MO C MO Springfield SPRINGFIELD, MO A MO St. Charles ST. LOUIS, MO A MO St. Joseph KANSAS CITY, KS B MO St. Louis ST. LOUIS, MO A MO Union ST. LOUIS, MO A MO Warrensburg KANSAS CITY, KS B MO West Plains SPRINGFIELD, MO B MS Biloxi MOBILE, AL A MS Brookhaven JACKSON, MS B 40 MS Clarksdale MEMPHIS, TN MS Cleveland JACKSON, MS C MS Columbus JACKSON, MS B MS Corinth MEMPHIS, TN B MS Greenville JACKSON, MS B MS Greenwood JACKSON, MS B MS Grenada JACKSON, MS B MS Gulfport MOBILE, AL B MS Hattiesburg JACKSON, MS B MS Holly Springs MEMPHIS, TN A MS Jackson JACKSON, MS A MS Kosciusko JACKSON, MS B MS Laurel JACKSON, MS B MS Mccomb JACKSON, MS B MS Meridian JACKSON, MS B MS Natchez JACKSON, MS B MS Newton JACKSON, MS A MS Pascagoula MOBILE, AL A MS Philadelphia JACKSON, MS B MS Starkville JACKSON, MS B MS Tupelo MEMPHIS, TN B MS Vicksburg JACKSON, MS A MT Billings RAPID CITY, SD D MT Bozeman IDAHO FALLS, ID C MT Butte IDAHO FALLS, ID D MT Glasgow RAPID CITY, SD D MT Great Falls IDAHO FALLS, ID D MT Havre RAPID CITY, SD D MT Helena IDAHO FALLS, ID D MT Kalispell IDAHO FALLS, ID D MT Miles City RAPID CITY, SD C MT Missoula IDAHO FALLS, ID D 41 NC Ahoskie RALIEGH, NC C NC Albemarle CHARLOTTE, NC A NC Asheboro GREENSBORO, NC A NC Asheville ASHEVILLE, NC A NC Burlington GREENSBORO, NC A NC Charlotte CHARLOTTE, NC A NC Concord CHARLOTTE, NC A NC Durham RALIEGH, NC A NC Elizabeth City NORFOLK, VA B NC Fayetteville RALIEGH, NC NC Franklin ASHEVILLE, NC NC Gastonia CHARLOTTE, NC A NC Goldsboro RALIEGH, NC B NC Greensboro GREENSBORO, NC A NC Greenville RALIEGH, NC B NC Henderson RALIEGH, NC A NC Hendersonville ASHEVILLE, NC A NC Hickory CHARLOTTE, NC B NC High Point GREENSBORO, NC A NC Kingston RALIEGH, NC B NC Lumberton RALIEGH, NC NC Morganton CHARLOTTE, NC NC Mount Airy GREENSBORO, NC NC New Bern CHERRY POINT, NC NC Raleigh RALIEGH, NC A NC Reidsville GREENSBORO, NC A NC Roanoke Rapids NORFOLK, VA B NC Rockingham CHARLOTTE, NC NC Rocky Mount RALIEGH, NC NC Salisbury CHARLOTTE, NC NC Sanford RALIEGH, NC NC Shelby CHARLOTTE, NC NC Smithfield RALIEGH, NC A NC Statesville CHARLOTTE, NC A 42 NC Washington RALIEGH, NC NC Whitevillc RALIEGH, NC NC Wilkesboro GREENSBORO, NC B NC Wilmington RALIEGH, NC NC Wilson RALIEGH, NC A NC Winston-Salem GREENSBORO, NC A ND Bismarck FARGO, ND D ND Devils Lake FARGO, ND C ND Dickinson FARGO, ND D ND Fargo FARGO, ND A ND Grafton FARGO, ND B ND Grand Forks FARGO, ND ND Jamestown FARGO, ND B ND Minot FARGO, ND D ND Williston FARGO, ND D NE Beatrice LINCOLN, NE A NE Grand Island LINCOLN, NE B NE Lincoln LINCOLN, NE A NE Norfolk OMAHA, NB B NE North Platte NORTH PLATTE, NE A NE Omaha OMAHA, NB A NE Scottsbluff NORTH PLATTE, NE D NH Concord KEENE, NH A NH Keene KEENE, NH A NH Littleton KEENE, NH D NH Manchester KEENE, NH B NH Nashua KEENE, NH B NH Portsmouth PORTLAND, ME A NJ Asbury Park EDISON, NJ A NJ Brick EDISON, NJ 43 NJ Bridgeton SOUTH JERSEY, NJ A NJ Camden PHILADELPHIA, PA A NJ East Brunswick CLIFTON, NJ A NJ East Orange CLIFTON, NJ A NJ Elizabeth CLIFTON, NJ A NJ Glassboro SOUTH JERSEY, NJ A NJ Glen Rock CLIFTON, NJ A NJ Hackensack CLIFTON, NJ A NJ Hoboken CLIFTON, NJ A NJ Irvington CLIFTON, NJ A NJ Iselin CLIFTON, NJ A NJ Jersey City CLIFTON, NJ A NJ Lodi CLIFTON, NJ A NJ Montclair CLIFTON, NJ A NJ Mount Holly PHILADELPHIA, PA A NJ New Brunswick EDISON, NJ A NJ Newark CLIFTON, NJ A NJ Newton CLIFTON, NJ A NJ Parsippany CLIFTON, NJ A NJ Passaic CLIFTON, NJ A NJ Paterson CLIFTON, NJ A NJ Plainfield EDISON, NJ A NJ Pleasantville SOUTH JERSEY, NJ A NJ Raritan CLIFTON, NJ A NJ Toms River EDISON, NJ NJ Trenton PHILADELPHIA, PA NJ Wildwood PHILADELPHIA, PA NM Albuquerque ALBUQUERQUE, NM A NM Carlsbad EL PASO, TX B NM Clovis LUBBOCK, TX NM Farmington ALBUQUERQUE, NM NM Gallup ALBUQUERQUE, NM NM Hobbs LUBBOCK, TX 44 NM Las Cruces EL PASO, TX A NM Las Vegas SANTA FE, NM B NM Roswell ALBUQUERQUE, NM C NM Sante Fe SANTA FE, NM A NV Elko RENO, NV NV Las Vegas LAS VEGAS, NV A NV N Las Vegas LAS VEGAS, NV A NV Reno RENO, NV A NY Albany ALBANY,NY A NY Amherst BUFFALO, NY A NY Astoria NYC, NY B NY Auburn SYRACUSE, NY A NY Batavia BUFFALO, NY A NY Binghamton BINGHAMTON, NY A NY Bronx NYC, NY A NY Brooklyn MELVILLE, NY A NY Buffalo BUFFALO, NY A NY Cheektowaga BUFFALO, NY A NY Corning ELMIRA, NY A NY Dunkirk ERIE, PA B NY Elmira ELMIRA, NY A NY Far Rockaway MELVILLE, NY A NY Flushing MELVILLE, NY A NY Freeport MELVILLE, NY A NY Geneva SYRACUSE, NY B NY Glendale NYC, NY B NY Glens Falls GLENSFALLS, NY A NY Gloversville GLENSFALLS, NY B NY Herkimer UTICA, NY A NY Hudson PUTNAM, NY B NY Ithaca ITHACA, NY A NY Jackson Heights MELVILLE, NY A 45 NY Jamaica MELVILLE, NY NY Jamestown ERIE, PA B NY Kingston PUTNAM, NY B NY Lindenhurst MELVILLE, NY A NY Long Beach MELVILLE, NY A NY Long Island City MELVILLE, NY A NY Melville MELVILLE, NY A NY Mineola MELVILLE, NY A NY Monticello WHITE PLAINS, NY B NY Mount Vernon WHITE PLAINS, NY A NY Nanuet PUTNAM, NY B NY New Rochelle WHITE PLAINS, NY A NY New York NYC, NY A NY Newburgh PUTNAM, NY B NY Niagara Falls BUFFALO, NY A NY Ogdensburg SYRACUSE, NY D NY Olean ERIE, PA B NY Oneonta BINGHAMTON, NY B NY Oswego SYRACUSE, NY NY Patchogue MELVILLE, NY A NY Peekskill WHITE PLAINS, NY A NY Plattsburgh GLENSFALLS, NY C NY Poughkeepsie PUTNAM, NY A NY Riverhead MELVILLE, NY A NY Rochester ROCHESTER, NY A NY Rome ROME, NY A NY Schenectady ALBANY, NY A NY Staten Island NYC, NY A NY Syracuse SYRACUSE, NY A NY Troy ALBANY, NY A NY Utica UTICA, NY A NY Watertown SYRACUSE, NY B NY West Seneca BUFFALO, NY A NY Westbury MELVILLE, NY A 46 NY White Plains WHITE PLAINS, NY A NY Yonkers NYC, NY A OH Akron AKRON, OH A OH Ashtabula CLEVELAND, OH B OH Athens PARKERSBURG, WV A OH Batavia CINCINNATI, OH A OH Bowling Green BOWLING GREEN, OH A OH Cambridge PARKERSBURG, WV A OH Canton AKRON, OH A OH Chillicothe COLUMBUS, OH A OH Cincinnati CINCINNATI, OH A OH Cleveland CLEVELAND,OH A OH Columbus COLUMBUS, OH A OH Dayton DAYTON,OH A OH Defiance BOWLING GREEN, OH A OH East Liverpool PITTSBURGH, PA A OH Euclid CLEVELAND, OH A OH Findlay BOWLING GREEN, OH A OH Fremont BOWLING GREEN, OH A OH Gallipolis PARKERSBURG, WV B OH Hamilton CINCINNATI, OH A OH Ironton LEXINGTON, KY C OH Lakewood CLEVELAND, OH A OH Lancaster COLUMBUS, OH A OH Lima BOWLING GREEN, OH A OH Lorain CLEVELAND,OH A OH Mansfield AKRON, OH B OH Marietta PARKERSBURG, WV A OH Marion BOWLING GREEN, OH B OH Medina AKRON, OH A OH Middleburg Hgt CLEVELAND,OH A OH Middletown DAYTON, OH A OH Newark COLUMBUS, OH A 47 OH New Philadelphia AKRON,OH OH Painesville CLEVELAND,OH A OH Piqua BOWLING GREEN, OH OH Portsmouth CINCINNATI, OH OH Ravenna AKRON, OH A OH Sandusky CLEVELAND, OH B OH Springfield DAYTON,OH A OH Steubenville PITTSBURGH, PA A OH Toledo TOLEDO, OH A OH Warren CLEVELAND,OH B OH Wooster AKRON, OH A OH Worthington COLUMBUS, OH A OH Xenia DAYTON, OH A OH Youngstown YOUNGSTOWN, OH A OH Zanesville COLUMBUS, OH OK Ada OKLAHOMA CITY, OK OK Ardmore OKLAHOMA CITY, OK OK Bartlesville TULSA, OK A OK Chickasha OKLAHOMA CITY, OK A OK Clinton OKLAHOMA CITY, OK OK Duncan OKLAHOMA CITY, OK OK Durant DALLAS, TX OK Enid PONCA CITY, OK OK Hugo DALLAS, TX OK Lawton OKLAHOMA CITY, OK OK Mcalester TULSA, OK OK Miami TULSA, OK OK Moore OKLAHOMA CITY, OK A OK Muskogee TULSA, OK B OK Oklahima City OKLAHOMA CITY, OK A OK Okmulgee TULSA, OK A OK Poteau TULSA, OK C OK Shawnee OKLAHOMA CITY, OK A 48 OK Stillwater OKLAHOMA CITY, OK OK Tulsa TULSA, OK A OK Woodward OKLAHOMA CITY, OK OR Albany EUGENE,OR A OR Astoria PORTLAND, OR B OR Beaverton PORTLAND, OR A OR Bend EUGENE, OR C OR Coos Bay EUGENE, OR C OR Eugene EUGENE, OR A OR Grants Pass EUGENE, OR C OR Klamath Falls EUGENE, OR D OR La Grande BOISE, ID D OR Medford EUGENE, OR D OR Milwaukie PORTLAND, OR A OR Ontario BOISE, ID B OR Pendleton BOISE, ID D OR Portland PORTLAND, OR A OR Roseburg EUGENE, OR B OR Salem PORTLAND, OR A OR The Dalles PORTLAND, OR B PA Allentown ALLENTOWN, PA A PA Altoona PITTSBURGH, PA C PA Ambridge PITTSBURGH, PA A PA Beaver Falls PITTSBURGH, PA A PA Bethlehem ALLENTOWN, PA A PA Bloomsburg WILKES-BARRE, PA A PA Boyers PITTSBURGH, PA B PA Bristol PHILADELPHIA, PA A PA Butler PITTSBURGH, PA A PA Carbondale SCRANTON, PA A PA Carlisle HARRISBURG, PA A PA Chambersburg HARRISBURG, PA B 49 PA Charleroi PITTSBURGH, PA A PA Chester PHILADELPHIA, PA A PA Dubois PITTSBURGH, PA C PA E Pittsburgh PITTSBURGH, PA A PA E Stroudsburg SCRANTON, PA A PA Easton ALLENTOWN, PA A PA Erie ERIE, PA A PA Glenside PHILADELPHIA, PA A PA Greensburg PITTSBURGH, PA A PA Harrisburg HARRISBURG, PA A PA Hazleton HARRISBURG, PA B PA Indiana PITTSBURGH, PA B PA Johnstown PITTSBURGH, PA B PA Kittanning PITTSBURGH, PA B PA Lancaster HARRISBURG, PA A PA Lebanon READING, PA A PA Lewistown READING, PA B PA Mckeesport PITTSBURGH, PA A PA Meadville ERIE, PA A PA Monroeville PITTSBURGH, PA A PA New Castle PITTSBURGH, PA B PA New Kensington PITTSBURGH, PA A PA Norristown KING OF PRUSSIA, PA A PA Oil City PITTSBURGH, PA B PA Philadelphia PHILADELPHIA, PA A PA Pittsburgh PITTSBURGH, PA A PA Pittston WILKES-BARRE, PA A PA Plainesville WILKES-BARRE, PA A PA Pottstown KING OF PRUSSIA, PA A PA Pottsville READING, PA A PA Reading PHILADELPHIA, PA B PA Scranton SCRANTON, PA A PA Shamokin HARRISBURG, PA B PA Sharon AKRON, OH B 50 PA Somerset PITTSBURGH, PA PA State College HARRISBURG, PA B PA Sunbury READING, PA B PA Towanda ELMIRA, NY A PA Uniontown PITTSBURGH, PA A PA Upper Darby KING OF PRUSSIA, PA A PA Washington PITTSBURGH, PA A PA West Chester KING OF PRUSSIA, PA A PA Wilkes-Barre WILKES-BARRE, PA A PA Wilkinsburg PITTSBURGH, PA A PA Williamsport ELMIRA, NY B PA York HARRISBURG, PA A RI Newport WARWICK, RI A RI Pawtucket WARWICK, RI A RI Providence WARWICK, RI A RI West Warwick WARWICK, RI A RI Woonsocket WARWICK, RI A SC Aiken COLUMBIA, SC B SC Anderson GREENVILLE, SC A SC Beaufort CHARLESTON, SC SC Bennettsville COLUMBIA, SC B SC Camden COLUMBIA, SC A SC Charleston CHARLESTON, SC A SC Columbia COLUMBIA, SC A SC Conway CHARLESTON, SC B SC Dillon CHARLESTON, SC C SC Florence CHARLESTON, SC SC Georgetown CHARLESTON, SC B SC Greenville GREENVILLE, SC A SC Greenwood COLUMBIA, SC B SC Lancaster COLUMBIA, SC B SC Laurens GREENVILLE, SC A 51 SC N Charleston CHARLESTON, SC A SC Orangeburg CHARLESTON, SC SC Rock Hill CHARLOTTE, NC A SC Spartanburg GREENVILLE, SC A SC Sumter COLUMBIA, SC A SC Walterboro CHARLESTON, SC SD Aberdeen FARGO, ND SD Huron SIOUX FALLS, SD SD Rapid City RAPID CITY, SD A SD Sioux Falls SIOUX FALLS, SD A SD Watertown SIOUX FALLS, SD C SD Yankton SIOUX FALLS, SD TN Athens CHATTANOOGA, TN TN Chattanooga CHATTANOOGA, TN A TN Clarksville NASHVILLE, TN A TN Cleveland CHATTANOOGA, TN A TN Columbia NASHVILLE, TN A TN Cookeville NASHVILLE, TN B TN Dyersburg MEMPHIS, TN B TN Gallatin NASHVILLE, TN A TN Greenville ASHEVILLE, NC B TN Jackson MEMPHIS, TN TN Johnson City ASHEVILLE, NC TN Kingsport ASHEVILLE, NC TN Kingston KNOXVILLE, TN A TN Knoxville KNOXVILLE, TN A TN Lafollette KNOXVILLE, TN A TN Lawrenceburg HUNTSVILLE, AL B TN Madison NASHVILLE, TN A TN Maryville KNOXVILLE, TN A TN Mcminnville CHATTANOOGA, TN B TN Memphis MEMPHIS, TN A 52 TN Moristown KNOXVILLE, TN A TN Murfreesboro NASHVILLE, TN A TN Nashville NASHVILLE, TN A TN Oak Ridge KNOXVILLE, TN A TN Paris NASHVILLE, TN A TN Selmer MEMPHIS, TN B TN Tullahoma NASHVILLE, TN B TN Union City MEMPHIS, TN B TX Abilene FT. WORTH, TX D TX Alice CORPUS CHRISTI, TX A TX Amarillo LUBBOCK, TX C TX Angleton HOUSTON, TX A TX Austin AUSTIN, TX A TX Beaumont HOUSTON, TX B TX Bellaire HOUSTON, TX B TX Big Spring MIDLAND-ODESSA, TX A TX Brenham HOUSTON, TX B TX Brownsville CORPUS CHRISTI, TX C TX Bryan HOUSTON, TX B TX Cleburne FT. WORTH, TX A TX Conroe HOUSTON, TX A TX Corpus Christi CORPUS CHRISTI, TX A TX Corsicana DALLAS, TX B TX Dallas DALLAS, TX A TX Del Rio SAN ANTONIO, TX D TX Denton DALLAS, TX A TX Eagle Pass SAN ANTONIO, TX D TX Early KILEEN, TX B TX El Paso EL PASO, TX A TX Ft Worth FT. WORTH, TX A TX Galveston HOUSTON, TX A TX Georgetown AUSTIN, TX A TX Grand Prairie DALLAS, TX A 53 TX Greenville DALLAS, TX A TX Harlingen CORPUS CHRISTI, TX C TX Houston HOUSTON, TX A TX Kerrville SAN ANTONIO, TX A TX Laredo SAN ANTONIO, TX C TX Longview TYLER, TX A TX Lubbock LUBBOCK, TX A TX Lufkin TYLER, TX B TX Marshell SHREVEPORT, LA A TX Mcallen CORPUS CHRISTI, TX C TX Mckinney DALLAS, TX A TX Midland MIDLAND-ODESSA, TX A TX Monroe HOUSTON, TX A TX Nacogdoches TYLER, TX B TX Odessa MIDLAND-ODESSA, TX A TX Palestine TYLER, TX B TX Pampa LUBBOCK, TX TX Paris DALLAS, TX B TX Pasadena HOUSTON, TX A TX Plainview LUBBOCK, TX B TX Port Arthur HOUSTON, TX TX San Angelo MIDLAND-ODESSA, TX B TX San Antonio SAN ANTONIO, TX A TX San Marcos AUSTIN, TX A TX Seguin SAN ANTONIO, TX A TX Sherman TYLER, TX B TX Temple KILEEN, TX A TX Texarkana SHREVEPORT, LA B TX Tyler TYLER, TX A TX Vernon FT. WORTH, TX C TX Victoria CORPUS CHRISTI, TX B TX Waco WACO, TX A TX Waxahachie DALLAS, TX A TX Wichita Falls FT. WORTH, TX 54 UT Cedar City LAS VEGAS, NV C UT Murray UT Ogden UT Price UT Provo UT Salt Lake City UT St. George VA Alexandria VA Arlington VA Ashland VA Bristol VA Charlottesville VA Covington VA Culpeper VA Danville VA Fairfax VA Falls Church VA Farmville VA Fredericksburg VA Hampton VA Harrisonburg VA Lynchburg VA Manassas VA Martinsville VA Midloathian VA Newport News VA Norfolk VA Norton VA Onancock VA Petersburg VA Portsmouth SALT LAKE CITY, UT A SALT LAKE CITY, UT A SALT LAKE CITY, UT B SALT LAKE CITY, UT A SALT LAKE CITY, UT A LAS VEGAS, NV C LANHAM, MD A LANHAM, MD A RICHMOND, VA A ROANOKE,VA B RICHMOND, VA A ROANOKE,VA A LANHAM, MD B ROANOKE,VA B LANHAM, MD A LANHAM, MD A RICHMOND, VA A LANHAM, MD B NORFOLK, VA A ROANOKE,VA B RICHMOND, VA A LANHAM, MD A ROANOKE,VA B RICHMOND, VA A NORFOLK, VA A NORFOLK, VA A ROANOKE,VA C NORFOLK, VA B RICHMOND, VA A NORFOLK, VA A VA Richmond RICHMOND, VA A 55 VA Roanoke ROANOKE, VA VA South Boston ROANOKE, VA B VA Staunton ROANOKE, VA B VA Suffolk NORFOLK, VA A VA Virginia Bch NORFOLK, VA A VA Winchester HAGERSTOWN/FREDERICK, MD B VA Wytheville ROANOKE, VA B VT Burlington KEENE, NH B VT Montpelier KEENE, NH B VT Rutland KEENE, NH A WA Aberdeen BREMERTON, WA B WA Auburn SEATTLE, WA A WA Bellevue SEATTLE, WA A WA Bellingham SEATTLE, WA B WA Bremerton BREMERTON, WA A WA Chehalis PORTLAND, OR B WA Everett SEATTLE, WA A WA Kennewick RICHLAND, WA A WA Longview PORTLAND, OR A WA Lynnwood SEATTLE, WA A WA Mount Vernon SEATTLE, WA A WA Olympia SEATTLE, WA A WA Port Angeles BREMERTON, WA A WA Pullman SPOKANE, WA A WA Puyallup SEATTLE, WA A WA Renton SEATTLE, WA A WA Seattle SEATTLE, WA A WA Spokane SPOKANE, WA A WA Tacoma SEATTLE, WA A WA Tumwater BREMERTON, WA A WA Vancouver PORTLAND, OR A WA Walla Walla RICHLAND, WA A 56 WA Wenatchee SEATTLE, WA WA Yakima RICHLAND, WA B WI Altoona EAU CLAIRE, WI A WI Appleton APPLETON, WI A WI Eau Claire EAU CLAIRE, WI A WI Fond Du Lac OSHKOSH, WI A WI Green Bay APPLETON, WI A WI Janesville MADISON, WI A WI Kenosha MILWAUKEE, WI A WI Lacrosse EAU CLAIRE, WI B WI Lancaster MADISON, WI A WI Madison MADISON, WI A WI Manitowoc APPLETON, WI A WI Marinette APPLETON, WI B WI Milwaukee MILWAUKEE, WI A WI Oshkosh OSHKOSH, WI A WI Portage MADISON, WI A WI Racine MILWAUKEE, WI A WI Rhinelander WAUSAU, WI A WI Rice Lake EAU CLAIRE, WI A WI Sheboygan OSHKOSH, WI B WI Superior DULUTH, MN A WI Waukesha MILWAUKEE, WI A WI Wausau STEVENS POINT, WI A WI West Bend MILWAUKEE, WI A WI Wisconsin Rapids STEVENS POINT, WI A WV Beckley ROANOKE, VA B WV Bluefield ROANOKE, VA B WV Bridgeport PARKERSBURG, WV B WV Charleston PARKERSBURG, WV B WV Clarksburg PARKERSBURG, WV B WV Elkins PARKERSBURG, WV B 57 WV ROI IMII WV WV WV WV WV WV WV WV WY WY WY WY WY Fairmont Huntington Logan Martinsburg Montgomery Morgantown Parkersburg Petersburg St Albans Welch Wheeling Williamson Casper Cheyenne Cody Riverton Rock Springs Sheridan PARKERSBURG, WV PARKERSBURG, WV PARKERSBURG, WV MARTINSBURG, WV PARKERSBURG, WV PITTSBURGH, PA PARKERSBURG, WV MARTINSBURG, WV PARKERSBURG, WV ROANOKE,VA PITTSBURGH, PA ROANOKE, VA FT. COLLINS, CO FT. COLLINS, CO IDAHO FALLS, ID IDAHO FALLS, ID SALT LAKE CITY, UT RAPID CITY, SD B B C A C C 0 B B B D Mill 58 g gg yy p ili9lr� 1. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. 2. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract, the Contractor's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract. **Contractor is to insert commercial guarantee/warranty clauses.** b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 3. TECHNICAL SERVICES The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (703) 568-1026 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9:00 am EST to 5:00 pm EST. 4. SOFTWARE MAINTENANCE a. Software maintenance service shall include the following: b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.G. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 59 5. PERIODS OF MAINTENANCE (132-34) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor. c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross -Year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. 6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE Reserved 7. TERM LICENSE CESSATION Reserved 8. UTILIZATION LIMITATIONS - (132-32, 132-33, AND 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity. 60 (3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of disaster recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 9. SOFTWARE CONVERSIONS - (132-32 AND 132-33) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered. 11. RIGHT -TO -COPY PRICING In accordance with manufacturer's policy 61 PREAMBLE Four Points Technology, LLC provides commercial products and services to ordering activities. We are committed to promoting participation of small, small disadvantaged and women -owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor -protege programs, joint ventures, teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women -owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women -owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged, and women -owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc., to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women -owned small businesses to promote and increase their participation in ordering activity contracts. To accelerate potential opportunities please contact. Four Points Technology, L.L.C. Don Beery (703) 654-6054 (OFFICE) (703) 654-6001 (FAX) donb@4points.com 62 (Insert Customer Name) In the spirit of the Federal Acquisition Streamlining Act ( Ordering. Activity) and (Contractor) enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract(s) Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal Acquisition Regulation (FAR) 9.6. This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the Government that works better and costs less. Signatures Ordering Activity Date Contractor Date 63 BPA NUMBER (CUSTOMER NAME) BLANKET PURCHASE AGREEMENT Pursuant to GSA Federal Supply Schedule Contract Number(s) , Blanket Purchase Agreements, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH (Ordering Agency): (1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE (2) Delivery: DESTINATION DELIVERY SCHEDULES / DATES (3) will be The Government estimates, but does not guarantee, that the volume of purchases through this agreement (4) This BPA does not obligate any funds. (5) This BPA expires on or at the end of the contract period, whichever is earlier. (6) The following office(s) is hereby authorized to place orders under this BPA: OFFICE POINT OF CONTACT (7) (8) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper. Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: 64 (a) Name of Contractor; (b) Contract Number; (c) BPA Number; (d) Model Number or National Stock Number (NSN); (e) Purchase Order Number; (0 Date of Purchase; (g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and (h) Date of Shipment. (9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract. Invoices will be submitted to the address specified within the purchase order transmission issued against this BPA. (10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence. Federal Supply Schedule Contractors may use "Contractor Team Arrangements" (see FAR 9.6) to provide solutions when responding to a ordering activity requirements. These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts. Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule Contract. Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors. Customers should refer to FAR 9.6 for specific details on Team Arrangements. Here is a general outline on how it works: • The customer identifies their requirements. • Federal Supply Schedule Contractors may individually meet the customers needs, or - 65 • Federal Supply Schedule Contractors may individually submit a Schedules "Team Solution" to meet the customer's requirement. • Customers make a best value selection. D.1 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -COMMERCIAL ITEMS (FAR 52.212-5) (JUN 2003) (tailored) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (31 U.S.C. 3553). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (2) 52.219-8, Utilization of Small Business Concerns (OCT 2000) (15 U.S.C. 637 (d)(2) and (3)). (3) 52.219-9, Small Business Subcontracting Plan (JAN 2002) (15 U.S.C. 637 (d)(4)). (4) 52.219-14, Limitation on Subcontracting (DEC 1996) (15 U.S.C. 637 (a)(14)). NOTE: This clause only applies to contracts that are awarded to and under the 8(a) program. (5) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) (6) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). (7) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). (8) 52,222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (DEC 2001) (38 U.S.C. 4212). (9) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (10) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (DEC 2001) (38 U.S.C. 4212). (11) 52.225-13, Restriction on Certain Foreign Purchases (JUN 2003) (E.O. 12722, 12724, 13059, 13067, 13121, and 13129). 66 (12) 52.232-33, Payment by Electronic Funds Transfer -Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). (13) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). (14) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (15) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) (46 U.S.C. 1241) Alternate I (APR 1984) (c) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (c) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (d) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), or (c) of this clause, the Contractor is not required to include any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph is a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause — (i) 52.219-8, Utilization of Small Business Concerns (OCT 2000) (15 U.S.C. 637 (d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246); (iii) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (DEC 2001) (38 U.S.C. 4212); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793); (v) 52.222-41, Service Contract Act of 1965, as amended (MAY 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.); and 67 (vi) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (APR 2003) (46 U.S.C. 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 68 E.1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS (FAR 52.212-1) (OCT 2000) is incorporated herein by reference. ADDENDUM TO FAR 52.212-1 (E.1) E.2 PERIOD FOR ACCEPTANCE OF OFFERS (A-FSS-12-C) (NOV 1997) Paragraph (c) of the provision 52.212-1, Instructions to Offerors -Commercial Items, is revised to read as follows: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date of the offer, within which offer may be accepted. E.3 CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION (A-FSS-11) (DEC 2000) (a) This solicitation is a standing solicitation from which the Government contemplates award of contracts for supplies/services listed in the Schedule of Items. This solicitation will remain in effect unless replaced by an updated solicitation. (b) time. There is no closing date for receipt of offers; therefore, offers may be submitted for consideration at any (c) An offer may be rejected if an offeror fails to meet timeframes established by the Contracting Officer either to address deficiencies in the offer or to submit a final proposal revision. A resubmission(s) is permitted; however, it may be rejected immediately if it is still deficient in the area(s) that caused its initial rejection. (d) Contracts awarded under this solicitation will be in effect for 5 years from the date of award, unless further extended pursuant to clause 1-FSS-163, Option to Extend the Term of the Contract (Evergreen) [SEE C.24], canceled pursuant to the Cancellation clause [SEE C.35], or terminated pursuant to the termination provisions of the contract [SEE C.1]. {e) Current contractors may submit a new offer as early as 9 months prior to the expiration of the existing contract. E.4 SUBMISSION OF OFFERS -ADDITIONAL INSTRUCTIONS (CI-FCI-2) (SEP 2003) Offerors are requested to submit, in a minimum font size of 10 cpi (characters per inch): (a) A signed original and one (1) copy of SF-1449 together with all addenda and attachments complete in every respect with the exception of oversized blueprints, drawings, or similar documents attached to the solicitation. Oversized blueprints, drawings, or similar documents are not required to be duplicated for the purpose of submitting a duplicate copy of the offer to GSA. Offers must be submit a complete proposal; proposals that are not substantially complete will be returned. The Checklist Guideline, Attachment IV, outlines the elements required for an offer to meet the threshold of substanial completeness. 69 (b) Two complete copies of the proposed FSS Information Technology Schedule Pricelist, including all applicable Temps and Conditions. (See Attachment I for format and content of proposed pricelist.) 70 (c) If the Offeror is other than the manufacturer, (1) one signed copy of a letter of commitment from the manufacturer which will assure the Offeror of a source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) other evidence that the Offeror will have an uninterrupted source of supply from which to satisfy the Government's requirements for the contract period. [SEE F.3] (d) One copy of a plan indicating how the Offeror intends to perform the sales and after sales maintenance service within the minimum geographic scope of the solicitation (SEE C.4). For SIN 132-53 ONLY, provide an acceptance test plan and procedure for approval. (e) A completed copy of the past performance evaluation form sent, by the Offeror, to Dun & Bradstreet c/o Open Ratings. [SEE ATTACHMENT II] (0 Identification of and rationale for any and all exceptions and clarifications taken from either the solicitation or the standard format for the FSS Information Technology Schedule Pricelist (SEE ATTACHMENT I). (g) Small Business Subcontracting Plan, if applicable. [SEE ATTACHMENT III, GUIDELINES TO CREATE A SMALL BUSINESS SUBCONTRACTING PLAN.] E.5 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (GSAR 552.212-70) (AUG 1997) (a) Definitions. Concession, as used in this solicitation, means a benefit, enhancement or privilege (other than a discount), which either reduces the overall cost of a customer's acquisition or encourages a customer to consummate a purchase. Concessions include, but are not limited to freight allowance, extended warranty, extended price guarantees, free installation and bonus goods. 'Discount", as used in this solicitation, means a reduction to catalog prices (published or unpublished). Discounts include, but are not limited to, rebates, quantity discounts, purchase option credits, and any other terms or conditions other than concessions) which reduce the amount of money a customer ultimately pays for goods or services ordered or received. Any net price lower than the list price is considered a "discount" by the percentage difference from the list price to the net price. (b) For each Special Item Number (SIN) included in an offer, the Offeror shall provide the information outlined in paragraph (c). Offerors may provide a single response covering more than one SIN, if the information disclosed is the same for all products under each SIN. If discounts and concessions vary by model or product line, offerors shall ensure that information is clearly annotated as to item or items referenced. (c) Provide information described below for each SIN: (1) Two copies of the offeror's current published (dated or otherwise identified) commercial descriptive catalogs and/or price list(s) from which discounts are offered. If special catalogs or price lists are printed for the purpose of this offer, such descriptive catalogs or price lists shall include a statement indicating the special catalog or price list represent a verbatim extract from the Offeror's commercial catalog and/or price list and identify the descriptive catalog and/or price list from which the information has been extracted. (2) Next to each offered item in the commercial catalog and/or price list, the Offeror shall write the special item number (SIN) under which the item is being offered. Unless a special catalog or price list is submitted, all other items shall be marked "excluded," lined out, and initialed by the offeror. 71 (3) The discount(s) offered under this solicitation. The description of discounts offered shall include all discounts, such as prompt payment discounts, quantity/dollar volume discounts (indicate whether models/products can be combined within the SIN or whether SINs can be combined to earn discounts), blanket purchase agreement discounts, or purchase option credits. If the terms of sale appearing in the commercial catalogs or price list on which an offer is based are in conflict with the terms of this solicitation, the latter shall govern. (4) A description of concessions offered under this solicitation which are not granted to other customers. Such concessions may include, but are not limited to, an extended warranty, a return/exchange goods policy, or enhanced or additional services. (5) If the Offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of contract awarded under this solicitation, describe the functions, if any, that the dealer/reseller will perform. E.6 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (FAR 52.215-20) (OCT 1997) (ALTERNATE IV-OCT 1997) (VARIATION 1-SEP 1999) (a) Submission of cost or pricing data is not required. (b) Provide information described below: (1) An offer prepared and submitted in accordance with the clause at 552.212-70, Preparation of Offer (Multiple Award Schedule) [SEE E.5]; (2) Commercial sales practices [SEE G.4]. The Offeror shall submit information in the format provided in this solicitation in accordance with the instructions at Figure 515.4 of the GSA Acquisition Regulation (48 CFR 515-2); or submit information in the Offeror's own format. (3) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (4) By submission of an offer in response to this solicitation, the Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before initial award, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does not extend to offeror's cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. 72 E.7 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA -MODIFICATIONS (FAR 52.215-21) (OCT 1997) (ALTERNATE IV - OCT 1997) (VARIATION I-AUG 1997) (a) Submission of cost or pricing data is not required. (b) Provide information described below. (1) Information required by the clause at 552.243-72, Modifications (Multiple Award Schedule) (2) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (3) By submitting a request for modification, the Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before agreeing to a modification, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does not extend to Contractor's cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace. E.8 IDENTIFICATION OF ENERGY -EFFICIENT OFFICE EQUIPMENT AND SUPPLIES CONTAINING RECOVERED MATERIALS OR OTHER ENVIRONMENTAL ATTRIBUTES (GSAR 552.238-72) (SEP 1999) (a) Definitions. "Energy -efficient office equipment," as used in this clause, means office equipment that, in representative use, provides equivalent or better performance and value to users, but uses significantly less energy than most functionally equivalent models. "Recovered materials," as used in this clause, means waste material and by-products which have been recovered or diverted from solid waste, but such term does not include those materials and by-products generated from, and commonly reused, within an original manufacturing process (42 U.S.C. 6903(19)). For paper, it also includes postconsumer materials, and manufacturing and certain other wastes. (42 U.S.C. 6962(h)). "Remanufactured products," as used in this clause, means equipment or parts that have been factory remanufactured or rebuilt to meet new equipment or part performance specifications and have had no use subsequent to their remanufacture. (b) The offeror shall identify in its offer and include in any commercial catalogs and pricelists and any resultant Government catalogs or pricelists submitted to the Contracting Officer, energy -efficient office equipment and supplies that contain recovered material, remanufactured products, or other environmental attributes. Examples of energy -efficient office equipment are microcomputers and associated equipment that meet the requirements of the Environmental Protection Agency's (EPA's) Energy Star Computers Program. Supplies that contain recovered materials and other environmental attributes include, but are not limited to, products identified in EPA procurement guidelines (40 CFR Subchapter 1) and products that are either degradable, ozone safe, recyclable, contain low volatile organic content compounds, contribute to source reduction, or otherwise are designed or manufactured to achieve environmental improvement. For example, an offeror can identify products that are safe or safer alternatives for more toxic or hazardous products and products that can be substituted for ones manufactured with toxic or hazardous materials. Such supplies shall satisfy the guidance contained in 16 CFR Part 260, Guides for the Use of Environmental Marketing Claims. 73 (c) An offeror, in identifying an item with an environmental attribute, shall possess evidence or rely upon a reasonable basis to substantiate the claim (see 16 CFR 260.5). The Government will accept an offeror's claim of an item's environmental attribute on the basis of— (1) Participation in a Federal agency sponsored program, e.g., EPA's Energy Star Computer program; (2) Verification by an independent organization that specializes in certifying such claims; or (3) Possession of competent and reliable evidence. For any test, analysis, research, study or other evidence to be "competent and reliable," it must have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. E.9 ENERGY EFFICIENT PRODUCT REQUIREMENTS (X-FCI-002) (SEP 2002) A. On June 3, 1999, Executive Order 13123 gave GSA, DLA and other federal agencies directives to select life -cycle cost-effective, ENERGY STAR and other energy -efficient products when acquiring energy -using products; the products should be clearly listed in both print and electronic formats; and agencies shall incorporate energy -efficient criteria consistent with ENERGY STAR® and other DOE Federal Energy Management Program (FEMP) designated energy efficiency levels into all guide specifications and project specifications developed for new construction and renovation, as well as into product specification language developed for Basic Ordering Agreements, Blanket Purchasing Agreements, Government Wide Acquisition Contracts, and all other purchasing procedures. B. On July 31, 2001, Executive Order 13221 directed federal agencies to purchase products that use no more than one watt in their standby power consuming mode. If such products are not available, agencies shall purchase products with the lowest standby power wattage while in their standby power consuming mode. The DOE, in consultation with the Department of Defense and the GSA, were directed to compile a preliminary list of products to be subject to these requirements. C. To be in compliance with these directives, GSA will now require Contractors with contracts for energy - using devices, including, but not limited to, computers and their accessories printers, fax machines, scanners, and multifunction devices to: 1. Only use the term "energy -efficient" in its GSA product listings if a product meets the criterion established by ENERGY STAR® and/or FEMP. 2. For printed catalogues, clearly identify energy -using products that comply with ENERGY STAR® and/or FEMP-designated energy efficiency levels. Visit the following web sites for additional information on and downloading of logos. a. ENERGY STAR®: www.energvstar.gov/products b. FEMP Standby Power Devices: www.cere.energv.gov/femp 3. For GSAAdvantage!TM submissions, use the "Environmental Attributes" identification features in the GSA Schedules Input Program (SIP) software or the Electronic Data Interchange (EDI) methods to identify products that comply with ENERGY STAR' and/or FEMP energy efficiency levels. 74 75 F.1 EVALUATION -COMMERCIAL ITEMS (MULTIPLE AWARD SCHEDULE) (GSAR 552.212-73) (AUG 1997) (a) The Government may make multiple awards for the supplies or services offered in response to this solicitation that meet the definition of a "commercial item" in FAR 52.202-1. Awards may be made to those responsible offerors that offer reasonable pricing, conforming to the solicitation, and will be most advantageous to the Government, taking into consideration the multiplicity and complexity of items of various manufacturers and the differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, and other pertinent factors. By providing a selection of comparable supplies or services, ordering activities are afforded the opportunity to fulfill their requirements with the item(s) that constitute the best value and that meet their needs at the lowest overall cost. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. F.2 PAST PERFORMANCE (X-FCI-003) In order to assist the Government in assessing an Offeror's past performance, each company responding to this solicitation will be required to have Dun & Bradstreet c/o Open Ratings complete a Past Performance Evaluation Report on that firm. The request to Open Ratings must be made prior to the submission of a proposal. Each Offeror must submit, with its proposal, a completed copy of the past performance evaluation form sent, by the Offeror, to Open Ratings. Any charges associated with the Past Performance Evaluation Report will be paid by the Offeror. [SEE ATTACHMENT II]. F.3 DEALERS AND SUPPLIERS (I-FSS-644) (OCT 1988) When requested by the Contracting Officer, if other than the manufacturer, the offeror must submit prior to award of a contract, either (1) a letter of commitment from the manufacturer which will assure the offeror of a source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) evidence that the offeror will have an uninterrupted source of supply from which to satisfy the Government's requirements for the contract period. F.4 SALES AND SERVICE REQUIREMENTS (X-FCI-004) Sales and after -sales maintenance/repair service must be provided to, at a minimum, the 48 contiguous States and the District of Columbia. The Offeror must provide maintenance/repair service normally provided in the industry for the type of products offered. The Offeror must provide (with its offer) a plan as to how the Offeror will provide sales and after -sales service for the scope of the contract. [SEE E.4] 76 F.5 INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES -PAST PERFORMANCE RESPONSIBILITY DETERMINATION (X-FCI-005) In addition to the Dun & Bradstreet requirement [SEE F.2], in order for the Government to determine if the Offeror is responsible, the following information is required: (a) PAST PERFORMANCE The Offeror must describe its corporate experience in IT Professional Services over the past three (3) years. Describe three (3) projects, similar in size and complexity to the effort of services categories offered in this contract. At least two of the three examples shall have been completed in the last two years and all three examples must have been completed in the last three years. All three examples of IT Professional Services must have been found to be acceptable by the client. At a minimum, the Offeror shall provide the following information: (1) Project/Contract Name; (2) Project Description; (3) Dollar Amount of Contract; (4) Project Duration, which includes the original estimated completion date and the actual completion date; and (5) Point of Contact and Telephone Number. (b) ORGANIZATIONAL STRUCTURE The Offeror shall describe the management and organization of the company with respect to the IT Professional Services offered. The Offeror shall address the following: (1) History and overview of the organization; (2) All organizational elements within the company which shall participate in providing IT Professional Services (include a chart); and (3) Financial Statement/Annual Report. F.6 GOALS FOR SUBCONTRACTING PLAN (GSAR 552.219-73) (SEP 1999) (ALTERNATE I-SEP 1999) (a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women -owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. (1) The General Services Administration's (GSA's) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, and women -owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the offeror's subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan [SEE D.1]. (2) In addressing the eleven elements described at FAR 52.219-9(d), the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, and women -owned small business concerns in performing this contract. An offeror submitting a commercial products plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, and women -owned small business concerns that relate to the offeror's production generally; i.e., for both its commercial and Government business. 77 ---11 ,.. 11 ..,.,. r:ne.-.too,.v,..fi t-... or. (3) The subcontracting plan shall include a description of the offeror's subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives. (b) In determining the acceptability of any subcontracting plan, the Contracting Officer will- (1) Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs 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, and women -owned small business concerns; and (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, and women -owned small business concerns. The offeror's description can apply to commercial as well as previous Government contracts. (c) 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. NOTE: Refer to Attachments III and IV for guidance on creating a Small Business Subcontracting Plan. F.7 PREAWARD ON -SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (FAR 52.222-24) (FEB 1999) If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first -tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246. 78 G.1 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -COMMERCIAL ITEMS (FAR 52.212-3) (JUL 2002) (DEVIATION) (a) Definitions. As used in this provision: "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the standard industrial classification code designated. "Forced or indentured child labor" means all work or service — (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Service -disabled veteran -owned small business concern" — (1) Means a small business concern — (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. "Veteran -Owned small business concern" means a small business concern — (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)), or in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women -owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. 79 "Women -owned small business concern" means a small business concern- (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). TIN: 03-0433660 TIN has been applied for. TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt); Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4; Other Limited Liability Corporation (5) Common parent. Offeror is not owned or controlled by a common parent; Name and TIN of common parent: Name TIN 80 (c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [X] is, [ ] is not a small business concern. (2) Veteran -owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ X ] is, [ ] is not a veteran -owned small business concern. (3) Service -disabled veteran -owned small business concern. . [Complete only if the offeror represented itself as a veteran -owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ X ] is, L] is not a service -disabled veteran -owned small business concern. NOT APPLICABLE (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [X] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women -owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ X ] is not a women -owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women -owned business concern (other than small business concern). [Complete only if the offeror is a women -owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women -owned business concem.N/A (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first -tier subcontractors) amount to more than 50 percent of the contract price: Not in a Labor Surplus Area (8) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that- (i) It [ ] is, [X] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal place of ownership, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It [ ] is, [X] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(9)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: Not Applicable .] 81 Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. 82 (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) ' It [ X ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) it [X ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) it [ ] has developed and has on file, [X] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. (f) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, [SEE G.2] is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made, designated country, Caribbean Basin country, or NAFTA country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (2) The offeror shall list as other end products those end products that are not U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products. Other End Products: NONE NONE (List as Necessary) 83 (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items subject to the Trade Agreements Act, the Government will evaluate offers of U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. The Government will consider for award only offers of U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. {g} Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). The offeror certifies, to the best of its knowledge and belief, that- (1) The offeror and/or any of its principals [ ] are, [ X ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) [ ] Have, [ X ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and [ ] are, [ X ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. G.2 TRADE AGREEMENTS (far 52.225-5) (JUN 2003) (a) Definitions. As used in this clause. Caribbean Basin country means any of the following countries: Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, El Salvador, Grenada, Guatemala, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago. Caribbean Basin country end product Means an article that -- (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b). For this reason, the following articles are not Caribbean Basin country end products: Tuna, prepared or preserved in any manner in airtight containers; Petroleum, or any product derived from petroleum; Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e. Afghanistan, Cuba, Laos, North Korea, and Vietnam); and 84 Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles; (C) Access to the HTSUS to determine duty-free status of articles of these types is available at http://www.customs.ustreas.gov In particular, see the following: General Note 3(c), Products Eligible for Special Tariff treatment. General Note 17, Products of Countries Designated as Beneficiary Countries under the United States —Caribbean Basin Trade Partnership Act of 2000. Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b). Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States —Caribbean Basin Trade Partnership Act; and Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. Designated country means any of the following countries: Aruba Austria Bangladesh Belgium Benin Bhutan Botswana Burkina Faso Burundi Canada Cape Verde Central African Republic Chad Comoros Denmark Djibouti Equatorial Guinea Finland France Gambia Germany Greece Guinea Guinea-Bissau Haiti Hong Kong Iceland Ireland Israel Italy Japan Kiribati Korea Republic of Lesotho Liechtenstein Luxembourg Malawi Maldives Mali Mozambique Napal Netherlands Niger Norway Portugal Rwanda Sao Tome and Principe Sierra Leone Singapore Somalia Spain Sweden Switzerland Tanzania U.R. Togo Tuvalu Uganda United Kingdom Vanuatu Western Samoa Yemen "Designated country end product" means an article that-- (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term 85 refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. 'Worth American Free Trade Agreement country" means Canada or Mexico. "North American Free Trade Agreement country end product" means an article that-- (1) Is wholly the growth, product, or manufacture of a North American Free Trade Agreement (NAFTA) country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a NAFTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. "United States" means the 50 States and the District of Columbia, and outlying areas. "U.S.-made end product" means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. (b) Implementation. This clause implements the Trade Agreements Act (19 U.S.C. 2501, et seq.) and the North American Free Trade Agreement Implementation Act of 1993 (NAFTA) (19 U.S.C. 3301 note), by restricting the acquisition of end products that are not U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products. (c) Delivery of end products. The Contracting Officer has determined that the Trade Agreements Act and NAFTA apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made, designated country, Caribbean Basin country, or NAFTA country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled "Trade Agreements Certificate." G.3 SECTION 8(a) REPRESENTATION FOR THE MULTIPLE AWARD SCHEDULE PROGRAM (K-FSS-9) (SEP 2000) The Offeror represents that it is ❑ is not ® a current 8(a) Business Development Program participant, and that it wishes to be designated as such on the FSS Schedules E-Library and GSA Advantage 'M as well as the Federal Procurement Data System (FPDS). CONTRACTOR NAME: NOT APPLICABLE DATE: G.4 COMMERCIAL SALES PRACTICES FORMAT (CSP-1) 86 Name of Offeror: Four Points Technology, LLC SIN(s): 132-8, 132-12,132-33, 132-34 and 132-51 Note: Please refer to clause 552.212-70, PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) [SEE E.5], for additional information concerning your offer. Provide the following information for each SIN (or group of SINs or SubSIN for which information is the same). 87 (1) Provide the dollar value of sales to the general public at or based on an established catalog or market price during the previous 12-month period or the offerors last fiscal year: $ 2,500,000 . State beginning and ending of the 12 month period. Beginning 1/1/03 Ending 12/3/03 . In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). (2) Show your total projected annual sales to the Government under this contract for the contract term, excluding options, for each SIN offered. If you currently hold a Federal Supply Schedule contract for the SIN the total projected annual sales should be based on your most recent 12 months of sales under that contract. Special Item No. 132-3 Leasing of Equipment $ Special Item No. 132-4 Daily / Short Term Rental $ Special Item No. 132-8 Purchase of Equipment $ 500,000 Special Item No. 132-12 Maintenance of Equipment, Repair Service, and Repair Parts/Spare Parts $ 50.000 Special Item No. 132-32 Term Software Licenses $ Special Item No. 132-33 Perpetual Software Licenses $ 500,000 Special Item No. 132-34 Maintenance of Software $ 50,000 Special Item No. 132-50 Training Courses $ Special Item No. 132-51 Information Technology Professional Services $ Special Item No. 132-52 Electronic Commerce Services $ Special Item No. 132-53 Telecommunication Transmission Services $ (3) Based on your written discounting policies (standard commercial sales practices in the event you do not have written discounting policies), are the discounts and any concessions which you offer the Government equal to or better than your best price (discount and concessions in any combination) offered to any customer acquiring the same items regardless of quantity or terms and conditions? YES X NO . (See definition of "concession" and "discount" in 552.212-70.) (4) (a) Based on your written discounting policies (standard commercial sales practices in the event you do not have written discounting policies), provide information as requested for each SIN (or group of SINs for which the information is the same) in accordance with the instructions at Figure 515.2, which is provided in this solicitation for your convenience. The information should be provided in the chart below or in an equivalent format developed by the offeror. Rows should be added to accommodate as many customers as required. ('OI,li\IN I ('(II,IIIIIN 2 ('IIS1OAI1?It DISCOUNT ('O1.l1AIN 3 (,)l I;\ N'I'li'11\'OI .l 1 Al V COLUMN 4 FOli 1'1?IL\1 ('01.11iIN 5 ('ON('1aSIONti SKI pi Dim gioal=11=1=1111111111111MI (b) Do any deviations from your written policies or standard commercial sales practices disclosed in the above chart ever result in better discounts (lower prices) or concessions than indicated? YES NO X . If YES, explain deviations in accordance with the instructions at Figure 515.4-2, which is provided in this solicitation for your convenience _ 88 (5) If you are a dealer/reseller without significant sales to the general public, you should provide manufacturers' information required by paragraphs (1) through (4) above for each item/SIN offered, if the manufacturer's sales under any resulting contract are expected to exceed $500,000. You must also obtain written authorization from the manufacturer(s) for Government access, at any time before award or before agreeing to a modification, to the manufacturer's sales records for the purpose of verifying the information submitted by the manufacturer. The information is required in order to enable the Government to make a determination that the offered price is fair and reasonable. To expedite the review and processing of offers, you should advise the manufacturer(s) of this requirement. The contracting officer may require the information be submitted on electronic media with commercially available spreadsheet(s). The information may be provided by the manufacturer directly to the Government. If the manufacturer's item(s) is being offered by multiple dealers/resellers, only one copy of the requested information should be submitted to the Government. In addition, you must submit the following information along with a listing of contact information regarding each of the manufacturers whose products and/or services are included in the offer (include the manufacturer's name, address, the manufacturer's contact point, telephone number, and FAX number) for each model offered by SIN: (a) Manufacturer's Name (b) Manufacturer's Part Number (c) DeaIcr's/Reseller s Part Number (d) Product Description (e) Manufacturer's List Price (f) Dealer's/Reseller's percentage discount from List Price or net prices Figure 515.4-2-Instructions for Commercial Sales Practices Format If you responded "YES" to question (3), on the COMMERCIAL SALES PRACTICES FORMAT, complete the chart in question (4)(a) for the customer(s) who receive your best discount. If you responded "NO" complete the chart in question (4)(a) showing your written policies or standard sales practices for all customers or customer categories to whom you sell at a price (discounts and concessions in combination) that is equal to or better than the price(s) offered to the Government under this solicitation or with which the Offeror has a current agreement to sell at a discount which equals or exceeds the discount(s) offered under this solicitation. Such agreement shall be in effect on the date the offer is submitted or contain an effective date during the proposed multiple award schedule contract period. If your offer is lower than your price to other customers or customer categories, you will be aligned with the customer or category of customer that receives your best price for purposes of the Price Reduction clause at 552.238-75. The Government expects you to provide information required by the format in accordance with these instructions that is, to the best of your knowledge and belief, current, accurate, and complete as of 14 calendar days prior to its submission. You must also disclose any changes in your price list(s), discounts and/or discounting policies which occur after the offer is submitted, but before the close of negotiations. If your discount practices vary by model or product line, the discount information should be by model or product line as appropriate. You may limit the number of models or product lines reported to those which exceed 75% of actual historical Government sales (commercial sales may be substituted if Government sales are unavailable) value of the special item number (SIN). Column 1-Identify the applicable customer or category of customer. A "customer" is any entity, except the Federal Government, which acquires supplies or services from the Offeror. The term customer includes, but is not limited to original equipment manufacturers, value added resellers, state and local governments, distributors, educational institutions (an elementary, junior high, or degree granting school which maintains a regular faculty and established curriculum and an organized body of students), dealers, national accounts, and end users. In any instance where the Offeror is asked to disclose information for a customer, the Offeror may disclose information by category of customer if the offeror's discount policies or practices are the same for all customers in the category. (Use a separate line for each customer or category of customer.) 89 Column 2-Identify the discount. The term "discount" is as defined in solicitation clause 552.212-70, Preparation of Offer (Multiple Award Schedule). Indicate the best discount (based on your written discounting policies or standard commercial discounting practices if you do not have written discounting policies) at which you sell to the customer or category of customer identified in column 1, without regard to quantity; terms and conditions of the agreements under which the discounts are given; and whether the agreements are written or oral. Net prices or discounts off of other price lists should be expressed as percentage discounts from the price list which is the basis of your offer. If the discount disclosed is a combination of various discounts (prompt payment, quantity, etc.), the percentage should be broken out for each type of discount, If the price lists which are the basis of the discounts given to the customers identified in the chart are different than the price list submitted upon which your offer is based, identify the type or title and date of each price list. The contracting officer may require submission of these price lists. To expedite evaluation, offerors may provide these price lists at the time of submission. Column 3-Identify the quantity or volume of sales. Insert the minimum quantity or sales volume which the identified customer or category of customer must either purchase/order, per order or within a specified period, to earn the discount. When purchases/orders must be placed within a specified period to earn a discount indicate the time period. Column 4-Indicate the FOB delivery term for each identified customer. See FAR 47.3 for an explanation of FOB delivery terms. Column 5-Indicate concessions regardless of quantity granted to the identified customer or category of customer. Concessions are defined in solicitation clause 552.212-70, Preparation of Offers (Multiple Award Schedule). If the space provided is inadequate, the disclosure should be made on a separate sheet by reference. If you respond "YES" to question 4 (b) in the Commercial Sales Practices Format, provide an explanation of the circumstances under which you deviate from your written policies or standard commercial sales practices disclosed in the chart on the Commercial Sales Practices Format and explain how often they occur. Your explanation should include a discussion of situations that lead to deviations from standard practice, an explanation of how often they occur, and the controls you employ to assure the integrity of your pricing. Examples of typical deviations may include, but are not limited to, one time goodwill discounts to charity organizations or to compensate an otherwise disgruntled customer; a limited sale of obsolete or damaged goods; the sale of sample goods to a new customer; or the sales of prototype goods for testing purposes. If deviations from your written policies or standard commercial sales practices disclosed in the chart on the Commercial Sales Practices Format are so significant and/or frequent that the Contracting Officer cannot establish whether the price(s) offered is fair and reasonable, then you may be asked to provide additional information. The Contracting Officer may ask for information to demonstrate that you have made substantial sales of the item(s) in the commercial market consistent with the information reflected on the chart on the Commercial Sales Practice Format, a description of the conditions surrounding those sales deviations, or other information that may be necessary in order for the Contracting Officer to determine whether your offered price(s) is fair and reasonable. In cases where additional information is requested, the Contracting Officer will target the request in order to limit the submission of data to that needed to establish the reasonableness of the offered price. G.5 AUTHORIZED NEGOTIATORS (K-FSS-1) (MAR 1998) The offeror shall, in the spaces provided below, fill in the names of all persons authorized to negotiate with the Government in connection with this request for proposals or quotations. (List the names, titles, telephone numbers and electronic mail address of the authorized negotiators.) David E. Gilchrist; President; 703-279-6404; davidg@4points.com Mary A. Rogers; Consultant; 703-538-4841; marvrogerslAaol.com 90 91 G.6 CONTACT FOR CONTRACT ADMINISTRATION (G-FSS-900-C) (JUL 2003) Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery only. The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning 552.238-74 Industrial Funding Fee and Sales Reporting, including reviews of contractor records. The Contractor's designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change. (a) Domestic. NAME: TITLE: ADDRESS: ZIP CODE: David E. Gilchrist President Four Points Technology, LLC., 11350 Random Hills Rd., Suite 650 Fairfax, VA 22030-7428 TELEPHONE NO.: (703) 279-6404 FAX NO.: (703) 279-6406 E-MAIL ADDRESS: davida(rr�,4lpoints.com (b) Overseas. Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc. NAME: TITLE: David E. Gilchrist President ADDRESS: Four Points Technology, LLC., 11350 Random Hills Rd., Suite 650 92 Fairfax, VA ZIP CODE: 22030-7428 TELEPHONE NO.: (703) 279-6404 FAX NO.: (703) 279-6406 E-MAIL ADDRESS: davidgna,4points.com G.7 ORDERING INFORMATION (GSAR 552.216-73) (SEP 1999) (ALTERNATE II-SEP 1999) (a) In accordance with the Placement of Orders clause of this solicitation, the offeror elects to receive orders placed by GSA's Federal Supply Service (FSS) by either [ X] facsimile transmission or [ ] computer -to -computer Electronic Data Interchange (EDI). (b) An offeror electing to receive computer -to -computer EDI is requested to indicate below the name, address, and telephone number of the representative to be contacted regarding establishment of an EDI interface. Do Not Elect EDI (c) An offeror electing to receive orders by facsimile transmission is requested to indicate below the telephone number(s) for facsimile transmission equipment where orders should be forwarded. (703) 279-6406 (d) For mailed orders, the offeror is requested to include the postal mailing address(es) where paper form orders should be mailed. Four Points Technology, LLC.L 11350 Random Hills Rd., Suite 650 Fairfax, VA 22030-7428 (e) Offerors marketing through dealers are requested to indicate below whether those dealers will be participating in the proposed contract. YES [ ] NO [ X ] If "yes" is checked, ordering information to be inserted above shall reflect that in addition to offeror's name, address, and facsimile transmission telephone number, orders can be addressed to the offeror's name, c/o nearest local dealer. In this event, two copies of a list of participating dealers shall accompany this offer, and shall also be included in Contractor's Federal Supply Schedule pricelist. G.8 CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (GSAR 552.232-82) (MAY 2003) (a) Payment by electronic funds transfer (EFT) is the preferred method of payment. However, under certain conditions, the ordering activity may elect to make payment by check._The offeror shall indicate below, the payment address to which checks should be mailed for payment of proper invoices submitted under a resultant contract. 93 PAYMENT ADDRESS: Four Points Technologv, L.L.C. 11350 Random Hills Rd., Suite 650 Fairfax, VA 22030-7428 (b) Offeror shall furnish by attachment to this solicitation, the remittance (payment) addresses of all authorized participating dealers receiving orders and accepting payment by check in the name of the Contractor in care of the dealer, if different from their ordering address(es) specified elsewhere in this solicitation. If a dealer's ordering and remittance address differ, both must be furnished and identified as such. (c) All offerors are cautioned that if the remittance (payment) address shown on an actual invoice differs from that shown in paragraph (b) of this provision or on the attachment, the remittance address(es) in paragraph (b) of this provision or attached will govern. Payment to any other address, except as provided for through (EFT) payment methods, will require an administrative change to the contract. NOTE: All orders placed against a Federal Supply Schedule Contract are to be paid by the individual ordering activity placing the order. Each order will cite the appropriate ordering activity payment address, and proper invoices should be sent to that address. Proper invoices should be sent to GSA only for orders placed by GSA. Any other ordering activity's invoices sent to GSA will only delay your payment. G.9 PLACE OF PERFORMANCE (FAR 52.215-6) (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ } intends, [X] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: NAME AND ADDRESS OF OWNER AND PLACE OF PERFORMANCE OPERATOR OF THE PLANT OR (Street, Address, City, State, County, Zip Code) FACILITY IF OTHER THAN OFFEROR OR RESPONDENT NOT APPLICABLE G.10 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (FAR 52.204-6) (JUN 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800- 333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. 94 (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://dnb.com/US/customer service/index.html . If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@,mail.dnb.com DUNS Number: 08-989-6737 G.11 ELECTRONIC FORMAT By signing its offer, the Offeror attests to the fact that there have been no changes to the text of this solicitation, except as noted in the cover letter. 95 G.12 EXEMPTION FROM APPLICATION OF SERVICE CONTRACT ACT PROVISIONS FOR CONTRACTS FOR MAINTENANCE, CALIBRATION, AND/OR REPAIR OF CERTAIN INFORMATION TECHNOLOGY, SCIENTIFIC AND MEDICAL AND/OR OFFICE AND BUSINESS EQUIPMENT -CONTRACTOR CERTIFICATION (FAR 52.222-48) (AUG 1996) (a) The following certification shall be checked: NOT APPLICABLE CERTIFICATION The offeror certifies [ ], does not certify [ ] that: (1) The items of equipment to be serviced under this contract are commercial items which are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal business operations; (2) The contract services are furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, and/or repair of certain information technology, scientific and medical and/or office and business equipment. An "established catalog price" is a price (including discount price) recorded in a catalog, price list, schedule, or other verifiable and established record that is regularly maintained by the manufacturer or the Contractor and is either published or otherwise available for inspection by customers. An "established market price" is a current price, established in the course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated by data from sources independent of the manufacturer or Contractor; and (3) The Contractor utilizes the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for equivalent employees servicing the same equipment of commercial customers. (b) If a negative certification is made and a Service Contract Act wage determination is not attached to the solicitation, the Contractor shall notify the Contracting Officer as soon as possible. (c) Failure to execute the certification in paragraph (a) of this clause or to contact the Contracting Officer as required in paragraph (b) of this clause may render the bid or offer nonresponsive. G.13 COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS (FAR 52.222-38) (DEC 2001) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by that clause. 96