functional characteristics and capabilities ofa product/equipment/ service/softwarepackage submitted in response torequirements which result in orders underthis schedule contract.(3) Any representations and/orwarranties concerning the products made inany literature, description, drawings and/orspecifications furnished by the Contractor.b. The above is not intended to encompassitems not currently covered by the <strong>GSA</strong> <strong>Schedule</strong>contract.19. OVERSEAS ACTIVITIESThe terms and conditions of this contractshall apply to all orders for installation, maintenanceand repair of equipment in areas listed in thepricelist outside the 48 contiguous states and theDistrict of Columbia, except as indicated below:Upon request of the Contractor, the orderingactivity may provide the Contractor with logisticssupport, as available, in accordance with allapplicable ordering activity regulations. Suchordering activity support will be provided on areimbursable basis, and will only be provided to theContractor's technical personnel whose services areexclusively required for the fulfillment of the termsand conditions of this contract.20. BLANKET PURCHASE AGREEMENTS(BPAS)The use of BPAs under any schedulecontract to fill repetitive needs for supplies orservices is allowable. BPAs may be establishedwith one or more schedule contractors. The numberof BPAs to be established is within the discretion ofthe ordering activity establishing the BPA and shouldbe based on a strategy that is expected to maximizethe effectiveness of the BPA(s). Ordering activitiesshall follow FAR 8.405-3 when creating andimplementing BPA(s).21. CONTRACTOR TEAM ARRANGEMENTSContractors participating in contractor teamarrangements must abide by all terms andconditions of their respective contracts. Thisincludes compliance with Clauses 552.238-74,Industrial Funding Fee and Sales Reporting, i.e.,each contractor (team member) must report salesand remit the IFF for all products and servicesprovided under its individual contract.22. INSTALLATION, DEINSTALLATION,REINSTALLATIONThe Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 towhich the United States or the District of Columbia isa party for construction, alteration, or repair(including painting and decorating) of publicbuildings or public works with the United States,shall contain a clause that no laborer or mechanicemployed directly upon the site of the work shallreceived less than the prevailing wage rates asdetermined by the Secretary of Labor. Therequirements of the Davis-Bacon Act do not apply ifthe construction work is incidental to the furnishingof supplies, equipment, or services. For example,the requirements do not apply to simple installationor alteration of a public building or public work that isincidental to furnishing supplies or equipment undera supply contract. However, if the construction,alteration or repair is segregable and exceeds$2,000, then the requirements of the Davis-BaconAct applies.The ordering activity issuing the task order againstthis contract will be responsible for properadministration and enforcement of the Federal laborstandards covered by the Davis-Bacon Act. Theproper Davis-Bacon wage determination will beissued by the ordering activity at the time a requestfor quotations is made for applicable constructionclassified installation, deinstallation, andreinstallation services under SIN 132-8.23. SECTION 508 COMPLIANCE.If applicable, Section 508 complianceinformation on the supplies and services in thiscontract are available in Electronic and InformationTechnology (EIT) at the following:www.newhorizons.comThe EIT standard can be found at:www.Section508.gov/.24. PRIME CONTRACTOR ORDERING FROMFEDERAL SUPPLY SCHEDULES.Prime Contractors (on cost reimbursementcontracts) placing orders under Federal Supply<strong>Schedule</strong>s, on behalf of an ordering activity, shallGS-35F-0140J www.newhorizons.com Page 8
follow the terms of the applicable schedule andauthorization and include with each order –(a) A copy of the authorization from theordering activity with whom the contractorhas the prime contract (unless a copy waspreviously furnished to the Federal Supply<strong>Schedule</strong> contractor); and(b) The following statement:This order is placed under writtenauthorization from _______ dated _______.In the event of any inconsistency betweenthe terms and conditions of this order andthose of your Federal Supply <strong>Schedule</strong>contract, the latter will govern.(2) Until 30 days after the insurer or theContractor gives written notice to theContracting Officer, whichever period islonger.(c) The Contractor shall insert the substance ofthis clause, including this paragraph (c), insubcontracts under this contract that require work ona Government installation and shall requiresubcontractors to provide and maintain theinsurance required in the <strong>Schedule</strong> or elsewhere inthe contract. The Contractor shall maintain a copyof all subcontractors' proofs of required insurance,and shall make copies available to the ContractingOfficer upon request.25. INSURANCE—WORK ON AGOVERNMENT INSTALLATION(JAN 1997)(FAR 52.228-5)(a) The Contractor shall, at its own expense,provide and maintain during the entire performanceof this contract, at least the kinds and minimumamounts of insurance required in the <strong>Schedule</strong> orelsewhere in the contract.(b) Before commencing work under thiscontract, the Contractor shall notify the ContractingOfficer in writing that the required insurance hasbeen obtained. The policies evidencing requiredinsurance shall contain an endorsement to the effectthat any cancellation or any material changeadversely affecting the Government's interest shallnot be effective—(1) For such period as the laws of theState in which this contract is to beperformed prescribe; or26. SOFTWARE INTEROPERABILITY.Offerors are encouraged to identify withintheir software items any component interfaces thatsupport open standard interoperability. An item’sinterface may be identified as interoperable on thebasis of participation in a Government agencysponsoredprogram or in an independentorganization program. Interfaces may be identifiedby reference to an interface registered in thecomponent registry located at http://www.core.gov.27. ADVANCE PAYMENTSA payment under this contract to provide aservice or deliver an article for the United StatesGovernment may not be more than the value of theservice already provided or the article alreadydelivered. Advance or pre-payment is notauthorized or allowed under this contract. (31 U.S.C.3324)GS-35F-0140J www.newhorizons.com Page 9