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<br />17. PURCHASE OF OPEN MARKET ITEMS
<br />NOTE: Open Market Items are also known as incidental items,
<br />noncontract items, non-Schedule items, and items not on a
<br />Federal Supply Schedule contract. ODCs (Other Direct Costs)
<br />are not part of this contract and should be treated as open market
<br />purchases. Ordering Activities procuring open market items must
<br />follow FAR 8.402(f).
<br />For administrative convenience, an Ordering Activity contracting
<br />officer may add items not on the Federal Supply Multiple Award
<br />Schedule (MAS) -referred to as open market items - to a
<br />Federal Supply Schedule blanket purchase agreement (BPA) or
<br />an individual task or delivery order, only if-
<br />(1) All applicable acquisition regulations pertaining to the
<br />purchase of the items not on the Federal Supply Schedule have
<br />been followed (e.g., publicizing (Part 5), competition requirements
<br />(Part 6), acquisition of commercial items (Part 12), contracting
<br />methods (Parts 13, 14, and 15), and small business programs
<br />(Part 19));
<br />(2) The Ordering Activity contracting officer has
<br />determined the price for the items not on the Federal Supply
<br />Schedule is fair and reasonable;
<br />(3) The items are clearly labeled on the order as items not
<br />on the Federal Supply Schedule; and
<br />Activity, F.O.B. will be Point of Origin, with freight
<br />prepaid and invoiced. Authorization for all shipping,
<br />export, and other charges must be included on the
<br />ordering activity order. All such charges are outside
<br />the scope of this contract.
<br />c. All orders will be accepted on a case-by-case basis for
<br />requirements outside the basic geographic scope of
<br />this contract.
<br />Upon request of the Contractor, the Ordering Activity may provide
<br />the Contractor with logistics support, as available, in accordance
<br />with all applicable Ordering Activity regulations. Such Ordering
<br />Activity support will be provided on a reimbursable basis, and will
<br />only be provided to the Contractor's technical personnel whose
<br />services are exclusively required for the fulfillment of the terms
<br />and conditions of this contract.
<br />20. BLANKET PURCHASE AGREEMENTS (BPAs)
<br />The use of BPAs under any schedule contract to fill repetitive
<br />needs for supplies or services is allowable. BPAs may be
<br />established with one or more schedule contractors. The number
<br />of BPAs to be established is within the discretion of the Ordering
<br />Activity establishing the BPA and should be based on a strategy
<br />that is expected to maximize the effectiveness of the BPA(s).
<br />Ordering Activities shall follow FAR 8.405-3 when creating and
<br />implementing BPA(s).
<br />(4) All clauses applicable to items not on the Federal
<br />Supply Schedule are included in the order.
<br />18. CONTRACTOR COMMITMENTS, WARRANTIES AND
<br />REPRESENTATIONS
<br />a. For the purpose of this contract, commitments,
<br />wamanties and representations include, in addition to those
<br />agreed to for the entire schedule contract:
<br />(1) Time of delivery/installation quotations for individual
<br />orders;
<br />(2) Technical representations and/or warranties of
<br />products conceming performance, total system performance
<br />and/or configuration, physical, design and/or functional
<br />characteristics and capabilities of a producUequipmenU
<br />service/software package submitted in response to requirements
<br />which result in orders under this schedule contract.
<br />(3) Any representations and/or warranties conceming the
<br />products made in any literature, description, drawings and/or
<br />specifications furnished by the Contractor.
<br />b. The above is not intended to encompass items not
<br />currently covered by the GSA Schedule contract.
<br />19. OVERSEAS ACTIVITIES
<br />The terms and conditions of this contract shall apply to all orders
<br />for installation and maintenance of equipment in areas listed in
<br />the pricelist outside the 48 contiguous states and the District of
<br />Columbia, except as indicated below:
<br />a. In place of an installation or delivery date for products,
<br />a shipping date shall be specified on the order.
<br />b. Point of Exportation for all other overseas locations. In
<br />place of a delivery/installation date for equipment or
<br />software, a shipping date shall be specified on the
<br />order. The Contractor shall pay for shipment to a
<br />CONUS APO/FPO. At the option of the Ordering
<br />21. CONTRACTOR TEAM ARRANGEMENTS
<br />Contractors participating in contractor team arrangements must
<br />abide by all terms and conditions of their respective contracts.
<br />This includes compliance with Clauses 552.238-74, Industrial
<br />Funding Fee and Sales Reporting, i.e., each contractor (team
<br />member) must report sales and remit the IFF for all products and
<br />services provided under its individual contract.
<br />22. INSTALLATION, DEINSTALLATION,
<br />REINSTALLATION
<br />The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that
<br />contracts in excess of $2,000 to which the United States or the
<br />District of Columbia is a party for construction, alteration, or
<br />repair (including painting and decorating) of public buildings or
<br />public works with the United States, shall contain a clause that no
<br />laborer or mechanic employed directly upon the site of the work
<br />shall received less than the prevailing wage rates as determined
<br />by the Secretary of Labor. The requirements of the Davis-Bacon
<br />Act do not apply if the construction work is incidental to the
<br />fumishing of supplies, equipment, or services. For example, the
<br />requirements do not apply to simple installation or alteration of a
<br />public building or public work that is incidental to fumishing
<br />supplies or equipment under a supply contract. However, if the
<br />construction, alteration or repair is segregable and exceeds
<br />$2,000, then the requirements of the Davis-Bacon Act applies.
<br />The Ordering Activity issuing the task order against this contract
<br />will be responsible for proper administration and enforcement of
<br />the Federal labor standards covered by the Davis-Bacon Act.
<br />The proper Davis-Bacon wage determination will be issued by the
<br />Ordering Activity at the time a request for quotations is made for
<br />applicable construction classified installation, deinstallation, and
<br />reinstallation services under SIN 132-8 or 132-9.
<br />23. SECTION 508 COMPLIANCE
<br />If applicable, Section 508 compliance information on the supplies
<br />and services offered in this contract will be supplied by Contractor
<br />or Manufacturer (see definition below) upon request via email at
<br />the following address: iTechContractslc~immixGrouo.com
<br />The EIT standard can be found at: www.Section508.aov/
<br />GS-35F-0265X www.immixtechnology.com Page 5
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