Equipment

Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment (Special Item 132-8)

NOTE: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act, ordering activies are required to incorporate wage rate determinations into orders, as applicable.

1. Material and Workmanship
All equipment furnished hereunder must satisfactorily perform the function for which it is intended.
2. Order

Written orders, EDI orders (GSA Advantage! and FACNET), credit card, and BPA 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.

For credit card orders, BPAs or BOAs, telephone orders are permissible.

3. Transportation of Equipment
FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.
4. 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 ordering activity , at the ordering activity's location, to install the equipment and to train ordering activityGovernment personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed in the price schedule.

(b) Installation, Deinstallation, Reinstallation. The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies.

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8.

(c) Operating and Maintenance Manuals. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.

5. Inspection/Acceptance
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
6. Warranty

(a) Unless specified otherwise in this contract, the Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

(b) The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(c) Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.

(d) Inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: See individual product listings for RMA address information.

7. Purchase Price for Ordered Equipment
The purchase price that the Ordering Activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.
8. Responsibilities of the Contractor
The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character and shall include all costs, if any of such compliance in the prices quoted in this offer.
9. Trade-In of Information Technology Equipment

When an ordering activity determines that Information Technology equipment will be replaced, the agency shall follow the contracting policies and procedures in Federal Acquisition Regulation (FAR), the policies and procedures regarding Disposition of Information Technology Excess Personal Property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in FPMR (1 CFR part 101-46).

** Refer to the terms and conditions specifics to each Vendor's product/service offering.**