1. Geographic scope of contract:
The geographic scope of this contract is the 48 contiguous states, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico and such overseas locations as listed herein..

2. Service Area:
Todd Service Center
65 East Bethpage Road, Plainview, NY 11803

ON-SITE SERVICE FOR TOTAL ACCESS AND JUKE PRODUCTS ONLY

3. Contractor's Ordering Address:
Todd Enterprises Inc.,
65 East Bethpage Road, Plainview, NY 11803

Contractor's Payment Address:
Todd Enterprises, Inc.
65 East Bethpage Road, Plainview, NY 11803
Attn.: Government Accounts Receivable

If Payment by Electronic Funds Transfer Requested:
Bank account information for EFT payment:

Fleet Bank
10 Middle Neck Road, Great Neck, NY 11021
Routing #021-000-322
Todd Enterprises Acct.# 2043 60 0535
Bank Contact: Linda DeCurtis or Kathy Brennan

4. NOT-SPECIFICALLY-PRICED (NSP) ITEMS:
Schedule contractors, WITH THE APPROVAL OF THE MAS CONTRACTING OFFICER, have the option of accepting orders issued against their schedule contract,which contain items not specifically price (non-schedule) under their IRMS Schedule Contract, subject to the following requirements. Schedule orders containing only NSP items are prohibited. To be included on an order issued under this contract, NSP must be adhere to the following provisions and limitations:

1. Prior to placing an order containing NSP items against a schedule contract, the ordering agency shall follow all of the definitions, procedures and requirements set forth in FIRMR 201-39 Acquisition of FIP Resources by Contracting.
2. The Contractor agrees to include the addendum entitled "Not -Specifically Priced (NSP) Items" to all copies of its printed price list.
3. The Contractor agrees to specifically monitor all schedule orders received to ensure adherence to sections H, I, J and K of this clause.
4. The Contractor agrees not to include a listing of NSP items in its authorized schedule price list, or in any other advertisement, publication, or announcement.
5. In accordance with schedule sales reporting requirements (G-2), the Contractor shall report the schedule dollar volume attributable to NSP items on the GSA Form 72. The NSP sales dollar volume shall be reported as of the total schedule dollar sales for the specific Special Item Number (SIN) that the NSP schedule item is directly supporting.
6. A schedule order containing NSP items may be issued only if such an order results in the lowest overall cost alternative meeting the needs of the Government.
7. Orders containing NSP items shall be issued in accordance with the competition requirements of FIRMR 201-39.6 "Competition Requirements", and the procedures and policies set forth in FIRMR 201-39.803 "GSA non-mandatory contracts for FIP resources."
NSP items shall be clearly identified on the schedule order. Any product or service already specifically priced and included in the schedule contract may not be identified as a NSP item. If an order contains any schedule item at a price lower than the GSA Schedule contract price, and, if accepted by the Contractor, shall constitute a Price Reduction in accordance with the terms set worth in the schedule contract.
8. Maximum Order Limitation: The total dollar value of all the NSP items included in a schedule order shall not exceed $2,500.
An NSP item included on an order issued against a schedule contract, is subject to all of the terms, and conditions set forth in its schedule contract.

The following NSP Items ARE SPECIFICALLY EXCLUDED from any order issued under this contract:


a) Non-domestic end products from a country other than a designated country,or a Caribbean Basin Country under the Trade Agreements Act of 1979 as set forth in FAR 25.401.

b) Items which are not intended for use in directly supporting the priced items included in the same order. Items must be subordinate to the specifically-priced item that is directly supporting.
For example, a cable, which is not otherwise specifically priced in the contract, is subordinate to a specifically priced printer or facsimile machine,an is eligible to be an NSP item, subject to the cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item.

c) Supply-type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.

• Software, except operating software
• Computers, computer systems, workstations & terminals
• External peripherals


d) Trade-ins. Upgrading, involving the swapping of boards, is permissible,where the schedule contract makes specific provision for this action. In those instances where it is permitted, the schedule order must include the replacement item and an order notation that the purchase involves the swapping of a board.

e) Any other item or class of items which are specifically excluded from the scope of this schedule contract.
The contractor shall not accept any order under this contract containing NSP Items, which does not conform to these terms. The contractor will promptly notify the Customer agency issuing the nonconforming order of its nonacceptanceand the reasons for its nonacceptance.

5. Standard Form 279:
Contract Establishment Code: 17-629-923J
Federal Tax I.D. No. 11-2139281

5a. Cage Number OBU86

6. FOB Point: Hardware - SIN 132-8: The FOB point is destination for alllocations within the 48 contiguous states and the District of Columbia.or to the Port of embarkation for all others locations.
Software - SIN 132-33: The F.O.B. point is destination for all locations within the 48 contiguous states and the District of Columbia. or to thePort of embarkation for all others locations.

7. Delivery Time: Standard Method: The delivery time will normally be 45 days ARO for SIN 132/8 and 30 days ARO on SIN 132/33 or as otherwise agreed between Todd and the Government. For product security all Total Access and Juke products are shipped via furniture/van line type carries and delivery time for these products are 60 day ARO (Todd's standard method: UPS Ground)

8. Discounts: Prompt Payment Discount 1% 20 Net 30 days.
Todd will accept Government commercial cards for payment.

9. Contractor Status:
a. Small Business
b. Standard Form 279:
Block 30, Type of Contractor: Manufacturer/Regular Dealer
Block 31, Woman-Owner Small Business: No
Block 34, Walsh-Healy Act: Todd Enterprises satisfies the Walsh-Healy criteriaas both a regular dealer and manufacturer.

10. Production Points and Statement Concerning Foreign Produced items.
United States, Japan, Netherlands, Switzerland, Singapore, Great Britain

11. Export Packing: Export packing available outside the scope of contract.

12. Smallest Order Requirements:
The minimum dollar value of orders to be issued under this contract is $50.00.

13. Maximum Order Limitation

a) The total dollar value per order will not exceed $500,000 for SIN 132-8,$25,000 for SIN 132-33, and $10,000 for SIN 132-18.

b) The following additional limitations will apply:

1) Special item 132-8 - Surge Suppressors/Absorbers, batteries, batterypacks,
rechargeable batteries, battery charges etc. are limited to one each CPUpurchased.

2) Special item 132-8 - Carrying cases etc. are limited one each per CPUpurchased.
Todd agrees not to accept any orders in excess of this amount.

14. FEDERAL ADP/TELECOMMUNICATIONS STANDARDS REQUIREMENTS:
Federal departments and agencies acquiring products from this Schedule must comply with the provisions of Federal Information Requirements Management Regulations (FIRMR) 201-20.303, as appropriate. Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STD) which are cited by ordering offices shall be responded to promptly by the contractor.

14.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):ADP 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 National Bureau of Standards, Department of Commerce, pursuant to section 111 of the Federal Property and Administrative Services Act 1949,amended, 79 State. 1127 (40 U.S.C. 759). Information concerning their availability and applicability should be obtained from the National Technical InformationService (NTIS), 5285 Port Royal Road, Springfield, Virginia, 22161. FIPSPUBS include voluntary standards when these are adopted for Federal use.Individual orders for FIPS PUBS should be referred to the NTIS Sales Officeand orders for subscription service should be referred to the NTIS Subscription Officer both at the above address, or telephone number (703) 487-4650.

14.2 FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STD):
Telecommunication products under this Schedule that do not conform to Federal Telecommunications Standards (FED-STD) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD".Federal Telecommunications Standards are issued by the General ServicesAdministration, pursuant to the Federal Property and Administrative ServicesAct of 1949, amended, (40 U.S.C. 487). Ordering information concerning the availability of FED-STDS should be obtained from the GSA Specification SalesOffice, Room 6654 7th and D Streets, SW, Washington, DC 20407, telephonenumber (202) 708-9205. Please include a self addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling GSA Standards Branch, KMPS, Washington,DC 20405, telephone number (202) 501-1180.

15. SECURITY REQUIREMENTS. In the event security requirements are necessary, the ordering activities may incorporate in their delivery order(s) a security clause in accordance with current laws, regulations and individual agency policy; however, the burden of administering the security requirements shall be with the ordering agency. If any costs are incurred as a result of the inclusion of security requirements, such costs will be negotiated with Schedule Contractor on an open market basis outside the scope of the contract.

16. CONTRACT ADMINISTRATION FOR ORDERING OFFICES: Any ordering office, with respect to any one or more purchase orders placed by it under this contract, may exercise the same rights of Termination as might the GSA Contracting Officer under provisions of FAR 52.249-1, 52.249-2 and 52.249-8.
Ordering & Technical Support Telephones # (516) 777-8633 or (800) 445-8633- FAX (516) 777-2750

17. EXECUTIVE ORDER 12845 OF APRIL 21, 1993
REQUIRING AGENCIES TO PURCHASE ENERGY EFFICIENT COMPUTER
EQUIPMENT

a) The heads of Federal agencies shall ensure that , within 180 days from the date of this order (April 21, 1993), all acquisitions of microcomputers,including personal computers, monitors, and printers, meet the "EPAEnergy Star" requirements for energy efficiency. The heads of Federal agencies may grant, on a case-by-case basis, exemptions to this directive for acquisitions, based upon the commercial availability of qualifying equipment,significant cost differential of the equipment, the agency's performance requirements, and the agency's mission.

b) Within 180 days from the date of this order (April 21, 1993), agencies shall specify that microcomputers, including personal computers, monitors,and printers, acquired by the agency shall be equipped with energy efficient low power standby feature as defined by the EPA Energy Star computers program.This feature shall be activated when the equipment is shipped and shallbe capable of entering an recovering from the low-power state unless theequipment meets Energy Star efficiency levels at all times. To the extent permitted by law, agencies shall include this specification in all existing and future contracts, if both the Government and the contractors agree,and if any additional cost would be offset by the potential energy savings.

c) Vendors shall identify in the price list or list below, those products which meet the "Energy Star" requirements.

18. GSA ADVANTAGE!
The GSA Advantage is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule price lists with ordering information, terms and conditions, and up-to-date pricing that will aid Schedule users in acquisitions. The GSA Advantage will allow the user to:

a. Search by Vendor's Name or Contract Number to view or download
the vendor's complete GSA-approved pricelist with terms, conditions,
and up-to-date pricing.

b. Perform database searches across all contracts within a specific
Schedule/FSC Group by:
(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product Code (Type/Category)

c. Perform product code searches within generic categories of
equipment/software.
Communication parameters to access the GSA Advantage! will be published prior to April 1, 1996. A direct dial telephone number will be provided for non-Internet users. For DOD/DSN, the number will be 294-0521.
Agencies can browse the GSA Advantage! by accessing the Internet World WideWeb utilizing a browser (ex: NetScape). The Internet address is http://www.gsa.gov.
TERMS AND CONDITIONS:

a. Special Item 132-8 Purchase General Purpose Automatic Data Processing Equipment

b. Special Item 132-12 Maintenance

c. Special Item 132-18 & 132-19 General Purpose Data Processing Equipment

d. Special Item 132-33 Purchase Software

e. Equipment list as foreign manufactured
This GSA Price List contains each of the above information for each product offered. Todd does not offer rental services or used equipment.

f. List of service and location points:
Todd Enterprises
65 East Bethpage Road
Plainview, NY 11803-4212
Questions concerning the Terms and Conditions of this contract should be directed towards TODD's Federal Contract Manager (Roz G. Scheibel (516)777-8633 or (800) 445-8633)


 

GENERAL TERMS AND CONDITIONS APPLICABLE TO
PURCHASE (132-8)
REPAIR SERVICE (132-18) REPAIR PARTS (132-19)
PURCHASE OF SOFTWARE (132-33)

GENERAL PURPOSE AUTOMATIC DATA PROCESSING EQUIPMENT ANDSOFTWARE

1. GEOGRAPHIC SCOPE OF CONTRACT
The geographic scope of this contract is the 48 contiguous states, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico and such overseas locations as listed herein.

2. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
(i) For purpose of this contract commitments, warranties and representations include, in addition to those agreed for the entire schedule contract:
(a) Time of delivery;
(b) Technical representations and/or warranties of products concerning performance, total systems' 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.
(c) Any representations and/or warranties made concerning the products made in any literature, description, drawings and/or specifications furnished by the contractor.
(ii) The above is not intended to enlarge the scope of this schedule contract for individual orders. Prices, options, terms and conditions of any orders are limited strictly to those specified in the schedule contract and pricelist and agreed to by GSA.

3. OVERSEAS INSTALLATIONS
Available outside the scope of contract.

4. CREDIT CARD CLEARINGHOUSE (DEC 1989)
For purposes of this solicitation, the clearing house identifies the nationally accepted credit card payment network being used by the Government commercial credit card contractor. (See Federal Supply Schedule IG 615, Governmentwide Commercial Credit Card Service). The clearing house through which credit card payments will be processed is Rocky Mountain Bankcard System of Denver, Colorado.


 

TERMS AND CONDITIONS
APPLICABLE TO PURCHASE OF GENERAL PURPOSE
AUTOMATIC DATA PROCESSING EQUIPMENT (SPECIAL ITEM 132-8)

1.MATERIAL AND WORKMANSHIP. All equipment furnished here under must satisfactorily perform the function for which it is intended.
2.ORDER. A written order , EDI (GSA Advantage! and FACNET) and credit card orders 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.
3.TIME OF DELIVERY.


a. The contractor shall deliver equipment ordered ready for use, before the date (day, month, and year), agreed to by the contractor and the Government.

b. If confirmation of delivery and installation date is required by such date agreed to by the contractor and the Government may be written into the order for equipment. The order should then be forwarded to the contractor by certified mail. If written confirmation of the order by the contractoris not received within fifteen (15) calendar days from the date of the certifiedmail receipt, the delivery and installation data specified on the ordershall be considered to be confirmed by the contractor.

c. The Government agrees to have the site prepared in accordance with the contractor's written site specifications ten (10) calendar days before the installation date.

4. TRANSPORTATION OF EQUIPMENT.

a. FOB DESTINATION. Prices cover delivery to destination., or port of embarkation.

5. 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 Government at the Government's location to install the equipment, train Government personnel in the use and maintenance of the equipment. The charges for such service are listed in the price schedule.

b. OPERATING AND MAINTENANCE MANUALS. The contractor shall furnish the Government three (3) copies of all operating and maintenance manuals relating to the equipment being installed.

6. ACCEPTANCE. Equipment must operate in accordance with manufacturer's published specifications. The user agency should give the contractor a notice of acceptance or rejection within 30 days from receipt of the equipment.The Government is relieved of all risk of loss or damage prior to acceptance.

7. GUARANTEE.

a. The contractor will furnish all maintenance, machine adjustment, repairs,and parts at TODD ENTERPRISES' location for a period of 1 year (or longer period, if offered commercially by the manufacturer) from the date of acceptance.

b. All parts replaced during the guarantee period shall become the property of the contractor.

c. Prior to the expiration of the guarantee period, whenever equipment is shipped for repair or mechanical replacement purposes, the contractor shallbear all costs, including, but not limited to, costs of packing, transportation, rigging, drayage, and insurance. This guarantee shall apply to the replacement machine from the date of its acceptance.

d. When equipment is returned to the contractor's establishment for repairs,the contractor shall be responsible for any damage or loss from the timethe equipment is removed from the Government's installation until equipmentis returned to such installation.

e. This guarantee does not apply if damage to the equipment is occasioned by fault or negligence of the Government.

f. (When applicable) Inspection and repair of defective equipment under this guarantee will be performed only at the contractor's plant at:
65 East Bethpage Road
Plainview, New York 11803-4212
and defective equipment will be repaired or replaced within 48 hours after receipt.

8. PURCHASE PRICE FOR ORDERED EQUIPMENT. The purchase price that the Government will be charged will be the Government price in effect at the time of order.


 

TERMS AND CONDITIONS APPLICABLE TO REPAIR SERVICE
(SPECIAL ITEM 132-18) AND REPAIR PARTS
(SPECIAL ITEM 132-19) FOR GENERAL PURPOSE

AUTOMATIC DATA PROCESSING EQUIPMENT WHEN

REQUIRED SERVICE IS NOT COVERED BY GUARANTEE PROVISIONS

1) SERVICE AREAS

a) The repair service rates listed herein are for depot service only. On-site repair service is not applicable.

b) Agencies are to call our Toll Free 800 number and ask for an MRA number (merchandise return authorization). If the unit is still under warranty the repairs will be done at no cost and returned within a reasonable amount of time. The agencies should ship the items in need of service via UPS toTodd Enterprises, 65 East Bethpage Road, Plainview, NY 11803-4212 at their expense. After repair Todd will return equipment at their cost.

2) ORDER. Agencies may use blanket purchase orders, individual purchase orders, or small order procedures for ordering repair service under this contract. Blanket purchase orders shall not exceed beyond the end of the contract period.

3) LOSS OR DAMAGES. When the contractor removes equipment to his establishment for repairs, the contractor shall be responsible for an damage or loss fromthe time the equipment is removed from the Government installation unti lit is returned to such installation.

4) RESPONSIBILITIES OF THE CONTRACTOR

a) The contractor shall always be responsive to the Government's repair service needs. The contractor shall perform all repair services which are ordered by the Government during the contract term.

b) The contractor's repair service personnel shall complete repair as soon as possible after notification by the Government that service is required.

c) Only new standard parts shall be used in effecting repairs which have been replaced shall remain the property of the Government except when the Government concludes that an appropriate allowance is obtained for such defective part.

d) GUARANTEE. All repair work will be unconditionally guaranteed for a period of ninety (90) calendar days.

5) REPAIR 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.

b) LABOR RATES--REGULAR HOURS. The Regular Hours repair service rate listed herein shall entitle the Government to repair service during the period 8am to 5pm, 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 Regular Hours defined above, at the convenience of the contractor.

c) AT THE CONTRACTOR'S SHOP. When equipment is returned to the contractor's shop for adjustment or repair which are not covered by the guarantee provision,the cost of transportation, packing, etc., from the Government location to the contractor's plant and returned to the Government shall be borne by the Government.

d) RETURNS. The Government should not return defective equipment to the contractor for adjustments, and repair and/or replacement without the contractor's prior consultation and instruction.

4) REPAIR SERVICE RATES
Minimum Regular Hours Sunday & After Hours Holiday
LOCATION Charge Per Hour Rate. Per Hour Rate Per Hour
CONTRACTOR'S SHOP $75 $40 N/A N/A
*Minimum charges include one full hour on the job. **Fractional hours, at the end of the job, will be prorated to the next quarter hour.

5) INVOICES AND PAYMENTS. Invoices for repair service shall be submitted by the contractor as soon as possible after completion of the work. Payment under blanket purchase orders will be made quarterly or monthly except wherecash payment procedures are used. Invoices shall be submitted separately to each Government office ordering services under the contract. The costof repair parts shall be shown as a separate item on the invoice and shall be priced in accordance with Special Item 132-16. PROMPT PAYMENT DISCOUNTS,IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

6) REPAIR PARTS - SPECIAL ITEM 132-19

a) PRICES. All parts, furnished as spares or as repair parts in connection with repair of equipment, shall be new standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices as indicated in the contractor's price list dated 1/24/94 at 0% from such listed prices.

b) GUARANTEE. All parts, furnished whether as spares or repair parts inconnection with repair of equipment, will be unconditionally guaranteed for a period of one year.


 

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE ADP
SOFTWARE LICENSE (NON-EXCLUSIVE PERPETUAL USE) SPECIAL ITEM 132-33


1. PURCHASE TERMS - (132-33)

a. ACCEPTANCE. The Government shall accept or reject software in writing within thirty (30) days after date of delivery.

b. GUARANTEE. All software furnished pursuant to the terms of this contract will be have the same warranty as given by each manufacturer commercially.

2. UTILIZATION LIMITATIONS - (132-33)

a. The Government agrees to refrain from changing or removing any insigniaor lettering from the software or documentation that is provided or producing copies of manuals or disks except one copy for backup purposes as allowed by manufacturer and agrees to comply with the following:

1. Title to and ownership of the software and documentation and reproductions thereof shall remain with the contractor.
2. Use of the software and documentation shall be limited to the facility for which it is acquired.
3. TECHNICAL SERVICE - (132-33)

 

The contractor, without additional charge to the Government,shall provide a hot line technical support number 800-445-TODD, for the purpose of providing user assistance and guidance in the implementing of the software. The technical support number is available from 9am EST to5pm EST.


 

GENERAL TERMS AND CONDITIONS APPLICABLE TO PURCHASE (132-8),
MAINTENANCE (132-12), REPAIR SERVICE (132-18),
REPAIR PARTS (132-19), PURCHASE OF SOFTWARE (132-33),
MAINTENANCE OF SOFTWARE (132-34), AND CLASSROOM TRAINING (132-50)

GENERAL PURPOSE COMMERCIAL AUTOMATIC DATA PROCESSING EQUIPMENTAND SOFTWARE

The following terms and conditions are applicable to all Special Item Numbers:

1. GEOGRAPHIC SCOPE OF CONTRACT
The geographic scope of this contract is the 48 contiguous states, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, and such other overseas locations as listed herein.

2. 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 enlarge the scope of this schedule contractfor individual orders. Prices, options, terms and conditions of any ordersare limited strictly to those specified in the schedule contract and pricelistand agreed to by GSA.

3. OVERSEAS INSTALLATIONS 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 theDistrict of Columbia, except for the following modifications:

a. In place of an installation date for equipment, a shipping date shall be specified on the order.

b. The contractor agrees to promptly install all equipment, ready for use.

c. Upon request of the contractor, the Government may provide the contractor with logistics support, as available, in accordance with all applicable Government regulations. Such Government 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 termsand conditions of this contract (Purchase, Maintenance, and Repair Service).

d. The contractor agrees to accept orders for repair of equipment.

4. CREDIT CARD CLEARINGHOUSE (DEC 1989) For purposes of this solicitation, the clearinghouse identifies the nationally accepted credit card payment network being used by the Government commercial credit card contractor.(See Federal Supply Schedule IG 615, Government wide Commercial Credit CardService.) The clearinghouse through which credit card payments will be processedis Rocky Mountain Bankcard System of Denver, Colorado.


 

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF CLASSROOM
TRAINING OF GENERAL PURPOSE AUTOMATIC DATA PROCESSING
EQUIPMENT AND SOFTWARE
(Special Item 132-50)


1. SCOPE
a. The Contractor shall provide classroom training normally available to commercial customers, which is necessary to permit Government users to makefull, efficient use of general purpose commercial automatic data processing equipment (end user computers--normally microcomputers) and related computer software. Classroom training is restricted to training courses for those products within the scope of this solicitation.

b. The Contractor shall provide training at the Contractor's facility and/or at the Government's location, as agreed to by the Contractor and the Government.

2. ORDER A written order shall be the only basis for the purchase of classroom training in accordance with the terms of this contract. The written ordershall include the student's name, course title, course date and time, and contracted dollar amount of the course.

3. TIME OF DELIVERY The Contractor shall conduct classroom training on the date (time, day, month, and year) agreed to by the Contractor and the Government.

4. CANCELLATION AND RESCHEDULING
a. The Government will notify the Contractor at least seventy-two (72) hours before the scheduled training date, if a student will be unable to attend.The Contractor will then permit the Government to either cancel the order or reschedule the classroom training at no additional charge. In the eventthe training class is rescheduled, the Government will modify its original training order to specify the time and date of the rescheduled training class.

b. In the event the Government fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the Government will be liable for the contracted dollar amount of the training course.The Contractor agrees to permit the Government to reschedule a student whofails to attend a training class within ninety (90) days from the originalcourse date, at no additional charge.

c. The Government reserves the right to substitute one student for another up to the first day of class.

d. In the event the Contractor is unable to conduct classroom training on the date agreed to by the Contractor and the Government, the Contractormust notify the Government at least seventy-two (72) hours before the scheduled training date.

5. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with unlimited telephone support for the period of one (1) year from the completion of the training class. During this period, the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions.

6. LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to the students, or damage to Government property arising from Contractor-provided classroom training, unless such injury or damage isdue to the fault or negligence of the Contractor.

7. PURCHASE PRICE FOR CLASSROOM TRAINING The purchase price that the Governmentwill be charged will be the Government purchase price in effect at the timeof order placement, or the Government purchase price in effect at the time the training course is conducted, whichever is less.

8. INVOICES AND PAYMENT Invoices for classroom training shall be submitted by the Contractor after Government completion of the training course. Charges for classroom training must be paid in arrears

9. FORMAT AND CONTENT OF CLASSROOM TRAINING
a. The Contractor shall provide written materials (i.e., manuals, handbooks,texts, etc.) normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class.

b. For hands-on training courses, there must be a one-to-one assignment of computer workstations to students.

c. The Contractor shall provide each student with a Certificate of Training at the completion of each training course.

d. The contractor shall provide the following information for each training course offered:

(1) The course title and a brief description of the course content, to include the course format (e.g., lecture, discussion, hands-on training);

(2) The length of the course;

(3) Mandatory and desirable prerequisites for student enrollment;

(4) The minimum and maximum number of students per class;

(5) The locations where the course is offered;

(6) Class schedules; and

(7) Price (per student, per class (if applicable))