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<br />TERMS AND CONDITIONS APPLICABLE TO
<br />PURCHASE OF TRAINING COURSES FOR
<br />GENERAL PURPOSE COMMERCIAL
<br />INFORMATION TECHNOLOGY EQUIPMENT AND
<br />SOFTWARE (SPECIAL ITEM NUMBER 132-SO)
<br />1. GLOSSARY OF DEFINITIONS
<br />a. "Training Materials" shall mean the, manuals, handbooks,
<br />texts, handouts, etc. normally provided with course offerings.
<br />b. "Training Catalog" shall mean the document setting out a
<br />description of the training services and courses offered along with
<br />the related policies and procedures in regard to such training.
<br />2. SCOPE
<br />a. The Contractor through the Manufacturer shall provide
<br />training courses normally available to commercial customers,
<br />which will permit Ordering Activity users to make full, efficient use
<br />of general purpose commercial IT products. Training is restricted
<br />to training courses for those products within the scope of this
<br />solicitation.
<br />b. The Contractor shall provide training at the Contractor's
<br />or Manufacturer's facility and/or at the Ordering Activity's location,
<br />as agreed to by the Contractor and the Ordering Activity.
<br />3. ORDER
<br />Written orders, EDI orders (GSA Advantage! and FACNET),
<br />credit card orders, and orders placed under blanket purchase
<br />agreements (BPAs) shall be the basis for the purchase of training
<br />courses in accordance with the terms of this contract. Orders
<br />shall include the student's name, course title, course date and
<br />time, and contracted dollar amount of the course.
<br />4. TIME OF DELIVERY
<br />The Contractor or its Manufacturer shall conduct training on the
<br />date (time, day, month, and year) agreed to by the Contractor
<br />and the Ordering Activity.
<br />5. CANCELLATION AND RESCHEDULING
<br />a. Terms and conditions governing a Manufacturer's
<br />cancellation and rescheduling policies are as set forth in the
<br />applicable Manufacturers Training Catalog.
<br />b. The Ordering Activity reserves the right to substitute
<br />one student for another up to the first day of class.
<br />c. In the event the Contractor is unable to conduct training
<br />on the date agreed to by the Contractor and the Ordering Activity,
<br />Contractor must notify the Ordering Activity at least seventy-two
<br />(72) hours before the scheduled training date.
<br />6. FOLLOW-UP SUPPORT
<br />Follow-up support to training courses is not available under the
<br />scope of this schedule contract unless expressly set forth in an
<br />applicable Manufacturer's Training Catalog and, in that case,
<br />follow-support shall be provided as stated therein.
<br />training must be paid in arrears (31 U.S.C. 3324). PROMPT
<br />PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN
<br />ON THE INVOICE.
<br />9. FORMAT AND CONTENT OF TRAINING
<br />a. The Contractor or its Manufacturer shall provide the
<br />Training Materials normally provided with course offerings.
<br />Unless stated otherwise in an applicable Manufacturer's Training
<br />Catalog, such documentation will become the property of the
<br />student upon completion of the training class, provided, however,
<br />Contractor and or its Manufacturer shall retain all right, title and
<br />interest to the intellectual property rights contained therein (e.g.,
<br />copyrights) and provided further, however, that such Training
<br />Materials shall be considered the Confidential Information of
<br />Manufacturer and subject to the non-disclosure provisions set
<br />forth above in the terms applicable to SINs 132-32, 132-33 and
<br />132-34 .
<br />b. For hands-on training courses, there must be a one-to-
<br />one assignment of IT equipment to students.
<br />c. The Contractor shall provide each student with a
<br />Certificate of Training at the completion of each training course.
<br />d. The Training Catalog shall provide most of the following
<br />information for each training course offered:
<br />(1) The course title and a brief description of the course
<br />content, to include the course format (e.g., lecture, discussion,
<br />hands-on training);
<br />(2) The length of the course;
<br />(3) Mandatory and desirable prerequisites for student
<br />enrollment;
<br />(4) The minimum and maximum number of students per
<br />class;
<br />(5) The locations where the course is offered;
<br />(6) Class schedules; and
<br />(7) Price (per student, per class (if applicable))
<br />e. For those courses conducted at the Ordering Activity's
<br />location, instructor travel charges (if applicable), including
<br />mileage and daily living expenses (e.g., per diem charges) are
<br />governed by Pub. L. 99-234 and FAR Part 31.2056, and are
<br />reimbursable by the ordering activity on orders placed under the
<br />Multiple Award Schedule, as applicable, in effect on the date(s)
<br />the travel is perfonned. Contractors cannot use GSA city pair
<br />contracts. The Industrial Funding Fee does NOT apply to travel
<br />and per diem charges.
<br />f. For Online Training Courses, a copy of all training
<br />material must be available for electronic download by the
<br />students.
<br />7. PRICE FOR TRAINING
<br />The price that the Ordering Activity will be charged will be the
<br />Ordering Activity training price in effect at the time of order
<br />placement, or the Ordering Activity price in effect at the time the
<br />training course is conducted, whichever is less.
<br />8. INVOICES AND PAYMENT
<br />Invoices for training shall be submitted by the Contractor after
<br />Ordering Activity completion of the training course. Charges for
<br />10. "NO CHARGE" TRAINING
<br />"No charge" training is not available under the scope of this
<br />schedule contract.
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