Maintenance and Repair

1.

Service Areas

(a)

The maintenance and repair rates listed herein are applicable to any ordering activity location within the supplier's standard commercial mileage radius . If any additional charge is to apply because of the greater distance from the contractor's service locations, the mileage rate or other distance factor shall be stated in paragraph 8.(d) of this Special Item .

(b)

When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the supplier's plant(s) listed in accordance with their standard commercial terms.

2.

Maintenance Order

(a)

Ordering activities may use written orders, EDI orders, credit card orders, or BPAs for ordering maintenance in accordance with the terms of this contract. The contractor 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 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 the contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the contractor.

(b)

The contractor shall honor orders for maintenance for periods of one year or less. Maintenance service shall commence on a mutually agreed to date, which will be written into the maintenance order. Maintenance order shall not be made effective before the expiration of any applicable maintenance and parts guarantee period. Orders for maintenance service shall not extend beyond the end of the contract period.

(c)

Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the contractor, provided that such notice is furnished at least then (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 30^th 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. When an ordering office's specific appropriation authority provides for a 12 month contract period which may cross fiscal years, 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 activities should notify the Contractor 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 (BPA's), 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 the contractor removes equipment to his establishment for repairs, the contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation.

5.

Scope

(a)

The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering 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 being placed under a maintenance service contract 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 the contractor without charge to the ordering activity.

(2)

Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the contractor, if the equipment was under the contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.

(3)

If the equipment was not under the contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity , in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract).

6.

Responsibilities of the Ordering Activity

(a)

Ordering Activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the contractor.

(b)

Subject to security regulations, the ordering activity shall permit access to the equipment, which is to be maintained or repaired.

7.

Responsibilities of the Contractor

For equipment not covered by a maintenance contract or warranty, the contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification.

8.

Maintenance Rate Provisions

(a)

The contractor 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 ordering activity.

(b)

Regular Hours

The basic monthly rate for each make and model of machine shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location.

(c)

After Hours

Should the ordering activity requires that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour.

(d)

Travel and Transportation

If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the contractor's service area, the charge will be as outlined in the supplier's standard commercial terms.

(e)

Quantity Discounts

Quantity discounts from listed maintenance service rates for multiple machines owned by an ordering activity are indicated in the supplier's standard commercial terms.

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 ordering activity 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 ordering activity , provided the time consumed in going between machines (or buildings) is reasonable

(c)

Travel or Transportation

(1)

At the Contractor's Shop

(a)

When equipment is returned to the contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision, the cost of transportation, packing, etc., from the ordering activity location to the contractor's plant, and return to the ordering activity location, shall be borne by the ordering activity .

(b)

The ordering activity should not return defective equipment to the contractor for adjustments and repairs or replacement without his prior consultation and instruction.

(2)

At the Ordering Activity Government Location (Within Established Service Areas)

When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity 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 ordering activity office; such overhead is included in the repair service rates listed.

(3)

At the Ordering Activity Location (Outside Established Service Areas)

(a)

The repair service rates listed for subparagraph (2) above apply, except that a travel charge, in accordance with supplier's standard commercial terms, for repairmen will apply to the round-trip distance between the geographic limits of the applicable service area and the ordering activity location. Such 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 ordering activity location or at the contractor'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 ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location, the ordering activity shall have the option of reimbursing the contractor for actual costs, provided that the actual costs are reasonable and allowable. The contractor shall furnish the ordering activity 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 ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity 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 the contractor.

(2)

After Hours

When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity 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 the contractor.

(3)

Sundays and Holidays

When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity 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 the contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply.

Repair Service Rates: Charged in accordance with the supplier's standard commercial terms

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. All parts shall be furnished at prices indicated in the contractor's commercial pricelist in accordance with their standard commercial terms.

11.

Guarantee/Warranty - Repair Service and Repair Parts/Spare Parts

(a)

Repair Service

All repair service work will be guaranteed/warranted in accordance with the supplier's standard commercial terms.

(b)

Repair Parts/Spare Parts

All parts, furnished either as spares or repair parts will be guaranteed/warranted in accordance with the supplier's standard commercial terms.

12.

Invoices and Payments

(a)

Maintenance Services

(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.

(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 orders 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 9, below. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.