AUTHORIZED FEDERAL SUPPLY SERVICE
INFORMATION TECHNOLOGY SCHEDULE PRICELIST
GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY
EQUIPMENT, SOFTWARE AND SERVICES

Special Item No. 132-8  Purchase of Equipment
Special Item No. 132-12 Maintenance, Repair Service and Repair Parts/Spare Parts

Note:  All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

SIN 132-8 PURCHASE OF EQUIPMENT

FSC CLASS 7010 - SYSTEM CONFIGURATION

End User Computers/Desktop Computers
Professional Workstations
Servers
Laptop/Portable/Notebook Computers
 

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.

 

 Systemax Mfg. Inc.
 6910 US RT 36 East  Fletcher, OH 45326
 (888-445-2725)
http://www.globalgoved.com

 

Contract Number:                                ________GS-35F-0467J______________________
                               

Period Covered by Contract:                ________05/25/99 – 05/24/09__________________

General Services Administration
Federal Supply Service

Pricelist current through Modification # PO 00019, dated  8/5/05.

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System.  Agencies can browse GSA Advantage! by accessing the Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/

 

INFORMATION FOR ORDERING ACTIVITIES
APPLICABLE TO ALL SPECIAL ITEM NUMBERS

 

SPECIAL NOTICE TO AGENCIES:  Small Business Participation

SBA strongly supports the participation of small business concerns  in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. 

For orders exceeding the micropurchase threshold, FAR 8.404  requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!ä on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!ä and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination.

For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

 

1.                Geographic Scope of Contract:

 

The geographic scope of this contract is the 48 contigous States, the Distrtict of Columbia, Alaska, Hawaii and Puerto Rico.

 

2.                Contractor's Ordering Address and Payment Information:

 

Ordering Address and Payment Information:

 Systemax Manufacturing Inc.

6910 US RT 36 East

Fletcher, OH 45326

 

 

Contractors are required to accept credit cards for payments equal to or less than the micro‑purchase threshold for oral or written delivery orders.  Credit cards  will be acceptable for payment above the micro-purchase threshold.  In addition, bank account information for wire transfer payments will be shown on the invoice.

The following telephone number(s) can be used by ordering agencies to obtain technical and/or ordering assistance.

Voice (888) 445-2725

Fax (877) 231-3799

3.                LIABILITY FOR INJURY OR DAMAGE

The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.

 

4.                Statistical Data for Government Ordering Office Completion of Standard Form 279:

Block 9:  G.  Order/Modification Under Federal Schedule   
Block 16:  Data Universal Numbering System (DUNS) Number:  10-162-1084
Block 30:  Type of Contractor - __C. Large Business

             Block 31:  Woman-Owned Small Business – No

             Block 36:  Contractor's Taxpayer Identification Number (TIN):   31-1564009

4a.           CAGE Code  01MW0
4b.                Contractor has  registered with the Central Contractor Registration Database.

 

5.             FOB Destination: Within the continental US and District of Columbia: Destination (via ground delivery)

              Hawaii and Alaska: Destination (2^nd Day Air)

6.                DELIVERY SCHEDULE

a.             TIME OF DELIVERY:  The Contractor shall deliver to destination within the number of calendar days after receipt    

             of order (ARO), as set forth below:

SPECIAL ITEM NUMBER                                DELIVERY TIME (Days ARO)

________132-8____                        _7-60*__ Days

______132-12_____                        30*_____ Days

* As negotiated between the Ordering Office and Systemax Mfg Inc.

 

                2. EXPEDITED DELIVERY TIMES.  For those items that can be delivered quicker than the delivery times in paragraph (a) above, the offeror is requested to insert below, a time (hours/days ARO) that delivery can be made when expedited delivery is requested.

As negotiated at the time of customer request.

                3. OVERNIGHT AND 2-DAY DELIVERY TIMES.  Schedule customers may require overnight or 2-day delivery. Available in the U.S. only

 

b.                   URGENT REQUIREMENTS:  When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery.  The Contractor shall reply to the inquiry within 3 workdays after receipt.  (Telephonic replies shall be confirmed by the Contractor in writing.)  If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

7.                Discounts:  Prices shown are NET Prices; Basic Discounts have been deducted.

a.                Prompt Payment:  __0_% - _30_ days from receipt of invoice or date of acceptance, whichever is later.
b.                Quantity: Special pricing may be available for large requirements. Call (888)-445-2725 to discuss with

                           your Sales Representaive.   

c.                Dollar Volume
d.                Government Educational Institutions: Government Educational Institutions are offered the same discounts    

             as all other government customers.

8.             Trade Agreements Act of 1979, as amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

 

9.                Statement Concerning Availability of Export Packing: 

Export packing is available at an extra cost. If required, it will be separately quoted on an open market basis and     will be listed as an open market line item on the GSA Schedule order.  

10.           Small Requirements:  The minimum dollar value of orders to be issued is $__50.00___.

11.                Maximum Order (All dollar amounts are exclusive of any discount for prompt payment.)

a.             The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:

Special Item Number 132-8 - Purchase of Equipment

 

12.           USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE CONTRACTS. In accordance with FAR 8.404:

Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition.  Therefore, when placing orders under Federal Supply Schedules, ordering activities need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5.  GSA has already determined the prices of items under schedule contracts to be fair and reasonable.  By placing an order against a schedule using the procedures outlined below, the ordering activity has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the ordering activity’s needs.

a.             Orders placed at or below the micro-purchase threshold.  Ordering activities can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor. 

b.             Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold.  Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value.  Before placing an order, ordering activities should consider reasonably available information about the supply or service offered under MAS contracts by using the “GSA Advantage!” on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the ordering activity’s needs.  In selecting the supply or service representing the best value, the ordering activity may consider--

(1)                Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service;

(2)                Trade-in considerations;

(3)                Probable life of the item selected as compared with that of a comparable item;

(4)                Warranty considerations;

(5)                Maintenance availability;

(6)                Past performance; and

(7)                Environmental and energy efficiency considerations.

c.             Orders exceeding the maximum order threshold.  Each schedule contract has an established maximum order threshold.  This threshold represents the point where it is advantageous for the ordering activity to seek a price reduction.  In addition to following the procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering activities shall-- 

Review additional Schedule Contractors’

(1)                catalogs/pricelists or use the “GSA Advantage!” on-line shopping service;

(2)                Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and 

(3)                After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative.  If further price reductions are not offered, an order may still be placed, if the ordering activity determines that it is appropriate.

NOTE:  For orders exceeding the maximum order threshold, the Contractor may:

(1)  Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR 52.216-19 Order Limitations);

(2)  Offer the lowest price available under the contract; or

(3)  Decline the order (orders must be returned in accordance with FAR 52.216-19).

d.             Blanket purchase agreements (BPAs).  The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR 8.404.  All schedule contracts contain BPA provisions.  ordering activities may use BPAs to establish accounts with Contractors to fill recurring requirements.  BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times.

e.             Price reductions.  In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering activities will find it advantageous to request a price reduction.  For example, when the ordering activity finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous.  The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering activity the opportunity to secure greater discounts.  Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order.

f.              Small business.  For orders exceeding the micro-purchase threshold, ordering activities should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement.

g.                 Documentation.  Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid.  If an ordering activity requirement, in excess of the micro-purchase threshold, is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering activity shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the ordering activity’s needs.

 

13.           FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS:  ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference:  NIST Federal Standards Index).  Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor.

 

13.1                FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information Technology 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 U.S. Department of

Commerce,  National Institute of Standards and Technology (NIST), pursuant to National Security Act.  Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia  22161.  FIPS PUBS include voluntary standards when these are adopted for Federal use.  Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2                FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS):  Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD."  Federal Telecommunication Standards are issued by the  U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC  20407, telephone number (202)619-8925.  Please include a self-addressed mailing label when requesting information by mail.  Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD  20899, telephone number (301)975-2833.

14.                CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001)  FSS A/L FC 01-5

(a)     Security Clearances:  The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract.  All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

(b)     Travel:  The Contractor may be required to travel in performance of orders issued under this contract.  Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule.  The Industrial Funding Fee does NOT apply to travel and per diem charges.

(c)      Certifications, Licenses and Accreditations:  As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered.  All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

(d)     Insurance:  As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered.  All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.

(e)     Personnel:  The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract.  Ordering activities may require agency approval of additions or replacements to key personnel.

(f)      Organizational Conflicts of Interest:  Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

(g)      Documentation/Standards:  The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.

(h)      Data/Deliverable Requirements:  Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.

(i)      Government-Furnished Property:  As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

(j)                Availability of Funds:  Many Government agencies’ operating funds are appropriated for a specific fiscal year.  Funds may not be presently available for any orders placed under the contract or any option year.  The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made.  No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

15.                CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES:  Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination for Cause (See C.1.)

16.           GSA Advantage!

GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information.  GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to:

(1)                Manufacturer;
(2)                Manufacturer's Part Number; and
(3)                Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape).  The Internet address is http://www.fss.gsa.gov/.

17.                PURCHASE OF OPEN MARKET ITEMS

NOTE:  Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract.

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1)                All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2)                The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

(3)                The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4)                All clauses applicable to items not on the Federal Supply Schedule are included in the order.

 

18.                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 encompass items not currently covered by the GSA Schedule contract.

 

19.                OVERSEAS ACTIVITIES

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 the District of Columbia, except as indicated below:

NONE

Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations.  Such ordering activity 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 terms and conditions of this contract.

 

20.                 BLANKET PURCHASE AGREEMENTS (BPAs)

Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as “…a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.”  The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3), which reads, in part, as follows: 

“BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract.”

Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings.  This feature permits schedule users to set up “accounts” with Schedule Contractors to fill recurring requirements.  These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times.  Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders.  In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA.  Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels.  Use of a BPA may be particularly useful with the new Maximum Order feature.  See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool.

21.                CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts.  This includes compliance with Clauses 552.238-74, Contractor’s Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

 

22.                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.

 

23.                SECTION 508 COMPLIANCE.

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

                http://www.globalgoved.comThe EIT standard can be found at:  www.Section508.gov/.

24.          PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order –

(a)                A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and

(b)                The following statement:

This order is placed under written authorization from _______ dated _______.  In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

 

25.                INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5)28.310

(a)           The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b)           Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.  The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1)                For such period as the laws of the State in which this contract is to be performed prescribe; or

(2)                Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c)           The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.  The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

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 orders, and orders placed under blanket purchase agreements (BPA) agreements 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 and BPAs, 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 activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule:

Systemax systems are self-installable; On-site installation assistance is available at $750.00 per day, plus travel and living expenses in accordance with the Federal Travel Regulations.        

 

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. 

6.                WARRANTY- Desktops & Workstations

 

Four/Two Year Extension of Limited Warranty

SI warrants that the computer systems it manufactures (excluding Accessories) will be free from defects in materials and workmanship. The warranty period for the computer system you purchased is extended for four (4) years on the CPU and RAM and two (2) years on additional parts and labor, after the expiration of the original warranty that began the date of factory shipment, subject to the conditions and limitations described below. This warranty applies to original purchases made in the United States or Canada. Merchandise purchased for the purpose of resale is not covered under this warranty; nor is this warranty transferable.

 

This limited warranty covers normal use. The limited warranty does not cover damage caused by failure to provide a suitable installation or operating environment for the product and/or accessories; damage caused by impact with other objects, dropping, falls, spilled liquids or immersion in liquids; servicing not authorized by SI, usage not in accordance with product instructions, over clocking the CPU, failure to perform required preventive maintenance, accident, abuse, misuse, neglect, natural disasters such as flood, fire, earthquake or lightning, problems with electrical power such as power surges and problems caused by use of parts, components, services or software not supplied by SI. Warranty coverage will not apply in the event the serial number or rating label has been removed, altered or defaced. Deletion or modification of the technical support software “Tech In A Box” installed on your computer system will void this warranty. This limited warranty does not cover damage resulting from failure to back up your data or other files, nor does it cover damage caused by programs, data, viruses or other files.

 

SI is not responsible for any loss of your data and recommends that the consumer maintains a back-up system at all times to rebuild or reconstruct lost or altered files, data or programs. SI makes no representations or warranties, express or implied, with respect to services provided by Internet Service Providers. This includes their ability to provide services, their ability to work with our systems, interruption of service, or their ability to sustain such services over extended periods of time. SI is not affiliated and has no agency relationship with providers of such services and is not responsible for their actions or inactions.

 

This limited warranty does not cover any items in the following categories: software; sound cards, joysticks, printers, scanners, speakers, cameras, (collectively “Accessories”); other external peripherals; Accessories or parts added to a SI system after the system is shipped from SI including monitors, keyboards, and mice; or Accessories and parts that are not installed in the SI factory and any items bought from SI but not manufactured by SI. These components may have a warranty from their respective manufacturers.

 

During the warranty period, SI will, at its option, repair or replace defective or damaged products returned to SI’s facility, or refund the amount you paid for the product upon its return to SI’s facility. Requests for warranty service can be made by calling our Customer Support Team at 1-800-262-6622 or contacting us in writing at 6990 State Route 36; Fletcher, OH 45326. When calling Customer Support, please have the following information available: customer number, order number, serial number, a description of the problem and the SI part number. Valid proof of the date of original consumer purchase, including the serial number of the product, may be required before warranty service is provided. If our technician determines that a warranted product or part is defective and that either a repair is necessary or that a replacement product or part is required, you will be given a Return Authorization (“R.A.”) number for the return of the defective product or part. This number must be clearly marked on the outside of the original packaging, prior to return. The defective product should be shipped to us freight prepaid and insured using the original box and packing materials (or equivalent packaging obtained from SI). Before you ship the product(s) to SI for repair, back up the data on the hard-disk drive(s) and any other storage device(s) in the product(s). Remove any removable media, such as diskettes, CDs, or PC Cards. If you have any questions, call SI for assistance.

 

SI manufactures its computer systems from parts and components that are new or equivalent to new in accordance with industry-standard practices. SI owns all parts removed from repaired products. SI uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement products. If SI repairs or replaces a product, its warranty term is not extended.

 

Under no circumstance will SI be responsible for any incidental or consequential damages, which may occur during the use of the SI PC, or as a result of the product’s failure to perform. In all cases, the customer’s sole remedy for a product failure is limited to the repair or replacement of the product.

 

 Some states or provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also

have other rights that vary from state to state. Some states or provinces do not allow limitations or exclusions of incidental or consequential damages for consumer products, so the above limitations or exclusions may not apply to you. These provisions apply to SI’s one-year limited warranty only. For provisions of any on-site service contract covering your system, refer to the separate on-site service contract that you will receive. This warranty is not transferable.

 

LIMITED LIFETIME TECHNICAL SUPPORT

 

SI provides a range of basic technical support options for the computer system you purchased via a variety of on-line, automated response and technician supported methods. Using one of these methods, SI will help you reinstall the operating system and factory-installed software on your computer and restore it to the original factory configuration at no additional charge for as long as you own your system. Many of these technical support options are available to you for a variety of other issues without charge. SI will inform you before it provides you with technical support for which a fee will be charged. SI may change the means through which it provides technical support at any time. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the computer system. SI does not provide free software tutoring or customization, or support for any other accessories, including software, or any products purchased from third party vendors. SI may provide fee-based support for these or any other issues falling outside the scope of basic technical support. You will be notified of any applicable fee before SI technical support begins resolution of your reported problem.

“SI”, as used in the foregoing Terms and Conditions refers to SYSTEMAX COMPUTERS, INC., 6990 US ROUTE 36; Fletcher, OH 45326

 

 

Extended On-Site Service Information

 

On-Site Service is available in the United States, Canada and Puerto Rico. The location and hours of service may vary, and On-Site Services may not be available in all locations. Please consult with your sales representative before purchasing On-Site Services, to determine whether service is available at your location and the hours of availability. Dispatch of On-Site Services is at the sole discretion of the manufacturer. The manufacturer reserves the right to refuse or cancel service to a customer, if the manufacturer determines that you have failed to comply with any of your responsibilities described below.

 

Coverage is extended for two (2) years after the expiration date of the original warranty that began on the date your computer was shipped from the factory. Other Services provided to you are optional and require the payment of a separate fee. You may purchase Services at the time you purchase your computer or by calling the manufacturer’s Customer Support team for current prices and availability. Confirmation of your purchase of services may be required before Services are provided. On-Site Service is not available for any external peripheral, including but not limited to any monitor, mouse, keyboard, speakers, and scanner or printer devices.

 

 Once the manufacturer has authorized an On-Site Service dispatch, upon receipt of the replacement part, a service technician provided by a third party will contact you to schedule an appointment. No On-Site Service dispatch will be made without prior problem determination from Technical Support in order to accurately determine the defective component. The service provider will install replacement parts in your computer as necessary to correct defects covered under the limited warranty applicable to the computer. The manufacturer uses independent contractors to provide On-Site Services. The On-Site Service is available Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. If the same or a similar problem occurs after an On-Site visit, the manufacturer will require return of the equipment for Depot repair at the manufacturer’s factory.

 

Exclusions

The following are excluded from On-Site Service: problems from disasters such as floods, fires, winds, earthquakes or lightning; failure to provide the proper installation environment; peripherals or unauthorized attachments; software or hardware not installed by the manufacturer or its authorized On-Site Service technician; service by any other service center; any other type of abuse, misuse or neglect; or where the serial number or rating label has been removed, defaced or altered.

 

If any of these exclusions are discovered as the cause of the problem, or if you fail to meet an On-Site Service technician for scheduled service ,you be required to submit your system to the manufacturer for Depot repair.

 

 

For all On-Site Services described herein, you are responsible for the following obligations. The provision of On-Site Services is

                   contingent upon your full satisfaction of the following obligations:

•     Availability during the Service Provider’s normal business hours (8:00 a.m. – 5:00 p.m.);

•     Ensuring that the technician is not exposed to unsafe, unhealthy, abusive, violent or illegal activities, environment or conduct;

•     Ensuring that the computer serviced is present at the actual service location;

•     Providing the technician with full access to the location where the installation or On-Site Service will be performed;

•     Ensuring the installation or service area is free from loose plastic, papers and Styrofoam cups, any of which could cause static 

      charges;

•     Providing a suitable installation and operating location for the computer, which location at a minimum, is designed to (a) support

      the size and weight of the  computer; (b) provide sufficient space, electrical power, and if applicable, network cable for the PC, (c) 

      contain the appropriate number and types of  electrical outlets, analog phone jacks, and if applicable, network cables within reach  

      of the computer, and (d) avoid the possibility of damage caused by  impact with other objects, falls, spilled liquids, or immersion  

      in  liquids, or misuse (a list of the specific requirements for each computer product is available from the Manufacturer’s Technical 

      Support);

•     Backing up proprietary and confidential information and maintaining a procedure external to the hardware products for

      reconstruction of lost or altered files,  data, or programs (The manufacturer shall not be responsible for loss of any client

      data);

•     Removing any third party products prior to the arrival of the authorized technician;

•     Providing the On-Site technician operating system software and applicable drivers supporting hardware (on diskette or CD) used  

       during normal operation;

•      Having a representative 18 years or older present when the technician is providing On-Site Service;

•      Any other obligations reasonably required by the manufacturer’s Technical Support or the authorized technician in order to      

       provide the On-Site Service. In addition, to reduce the risk of electrical damage to your system caused by power fluctuations, the  

       manufacturer encourages the use of an uninterrupted power supply, which can be purchased from the manufacturer.

 

Service Warranty; Disclaimer of Warranties

 

The manufacturer warrants only that the services will be performed in a professional and workmanlike manner. There are no implied warranties except as required by law. No information or advice (written or oral) provided to you by the manufacturer or its contractors will create a warranty by the manufacturer or increase the scope of this Warranty. The Warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

Any liability of the manufacturer and their affiliates and their suppliers for services provided under this Warranty is expressly limited to the fees you have paid for the service giving rise to the claim. Your sole remedy against them in any dispute under this Warranty shall be to seek recovery of the amounts you paid, upon payment of which they shall be released from and discharged of all further obligations and liability to you. In no event shall either party be liable to the other for direct, indirect, special, exemplary, consequential, or incidental damages, including, but not limited to, loss of anticipated profits, equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim, including but not limited to, Breach of Warranty, Breach of Contract, Tort (including negligence) or strict liability, and even if the other party has been advised of the possibility of such loss or damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Warranty- Servers

Certificate of Coverage

                      3 Year – Servers - 24 Hour On-Site Response

Throughout this Extended Service Contract (“ESC”), the words “We,” “Us”, and “Our” refer to AIG Warranty Services and Insurance Agency, Inc.(“AIGWS”) in those states that AIGWS is the Provider (Obligor), and the Dealer in those states where the Dealer is the Obligor of this ESC. The words

“You” and “Your” refer to the Contract Holder or the person to whom it was properly transferred.

Term and Coverage: The term of this Extended Service Contract (“ESC”) for the Server you purchased commences upon the date of shipment from the factory. This ESC term is three (3) years, provides On-Site service and is inclusive of the manufacturer’s warranty. When On-Site Service is needed, a technician will be On-Site to repair your server within 24 hours of the delivery of the required parts, subject to the terms and conditions as described below.

 This ESC is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. After the manufacturer’s warranty expires, this Service Contract continues to provide the manufacturer’s benefits, as well as certain additional benefits listed within this Service Contract.

1.        Service: To arrange nationwide On-Site service on eligible servers, call the 1-877-FIXESIT (349-3748).

 

·         Repair service will be available during regular business hours, Monday through Friday, and will be provided by a manufacturer authorized service center, or someone we designate.

·         A technician will be on-site to repair the server covered under this ESC within 24 hours of the confirmed delivery of the required part(s).  

·          You must provide a safe, non-threatening environment for our technicians in order to receive service.  

·          In some cases, You may be required to ship Your covered product for repair. We will pay the shipping charges.   

·         All Service Contract coverage is applicable only to items, costs and time periods not covered by the express manufacturer warranty regardless of whether the manufacturer is out of business.

·         AT OUR OPTION, REPLACEMENT PARTS OR PRODUCTS WILL BE NEW, REMANUFACTURED, OR NON-ORIGINAL MANUFACTURER’S PARTS THAT PERFORM TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL PRODUCT.

 

2. Additional Coverages: Power Surge Protection: This ESC provides power surge protection in excess of any other insurance coverage, from the date of purchase of this Service Contract. No Lemon Guarantee: Following the expiration of the manufacturer’s warranty term and after three service repairs have been completed on an individual product within a twelve month period, and that individual product requires a fourth repair, as determined by Us, We will replace it with a product of comparable performance, not to exceed the original retail purchase price. Technical advances may result in a replacement product with a lower retail price than the original product. The original product and purchase receipts must be returned to Us, along with three separate service repair receipts from separate service repair incidents, all authorized by Us, in order to qualify. One service authorization number is the equivalent of one repair. Keep Your service receipts. Copies of service receipts cannot be provided by Us. Preventive maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of this No Lemon Guarantee. Once the product is replaced, the Service Contract for that item is considered fulfilled.

 

3. Extended Service Contract Limits of Liability: Aggregate Limit: The total payment(s) for all claims under this ESC shall not exceed the original retail purchase price of the covered product or system, except in those cases in which the No Lemon Guarantee applies.

4. Purchase Receipts and Service Records: This ESC and all original receipts may be required for any service or product replacements or exchanges. Please keep them in a safe place.

5. Exclusions - What Is Not Covered: This Service Contract Does Not Cover:

(a) Loss or damage caused by accidental or intentional physical damage, spilled liquids, insect infestation, misuse,

    abuse, or service costs or damage caused by unauthorized repair personnel.

(b) Replacement costs for lost or consumable parts (knobs, remote control devices, cartridges, drums, batteries, etc.),

    problems due to improper and/or unauthorized installation or repairs, and cosmetic damage (such as cracked cases   

    and broken hinges) or defects that do not inhibit the proper operation and performance of covered items.

(c) Products provided for public use or rental. Use of a product for these purposes will void this ESC.

(d) Loss or damage to stored data; repairs related to software, computer viruses, display markings caused by video  

    games or computer programs, or computer hardware that is added after the original purchase.

(e) Special, indirect, consequential, or incidental damages.

(f) “No problem found” diagnosis.

(g) Failure resulting from normal wear and tear.

(h) The Service Contract provides pixel repair based upon manufacturer’s guidelines.

(i) We are not responsible for personal items left in the product to be repaired.

(j) This ESC excludes products that are not listed on the ESC.

(k) The ESC is fulfilled when a product is replaced after the expiration of the manufacturer’s warranty.

 

6. Service Contract Holder’s Responsibilities: We strongly recommend (but do not require as a condition of this Contract) the regular back up of data and software. This contract does not cover the cost of data recovery or other consequential or incidental damages.

7. Renewal: If a renewal contract is offered by Us, the contract price quoted will reflect the age of the product and current service costs at the time of renewal.

8. Tr