File Name: 0X3M9Y.3STZ8N_GS-35F-364BA_LCPTRACKERTERMSDELETIONS04192022.PDF
File Size: 455.84 KB
File Type: Application/pdf
Last Modified: 11 months
Status: Available
Last checked: 2 days ago!
This Document Has Been Certified by a Professional
100% customizable
Language: English
We recommend downloading this file onto your computer
GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply Schedule Price List On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSAAdvantage!®, a menu-driven database system. The INTERNET address GSAAdvantage!® is: GSAAdvantage.gov
Schedule Title: MAS – MULTIPLE AWARD SCHEDULEInformation TechnologyFSC Classes/Product Codes:SIN: 511210 - SO FT W ARE LICENSE SSIN: 54151 - SOFT W ARE MAI NT ENANCEOLM: - ORDER LEVE L MAT ERI ALSContract Number: GS-35F-364BAFor more infor mation on ordering fro m Federal Supply Schedules click on the FSS Sched ules button at fss.gsa.go vPrice List current through Mod# PO-0031 dated April 18, 2022Period Covered by Contract: May 8, 2014 – May 7, 2024 LCPtracker, Inc 200 E Chapman Ave Orange, CA 92866 714-669-0052 562-684-0145 www.lcptracker.com Business Size: Small Business Contract # GS-35F-364BA Custom er Inform ation:1a. T ABLE OF AW ARDED SPECI AL ITEM NUMBERS (SINs);SINs DESCRIPTION511210 Software Licenses54151 Software Maintenance ServicesOLM Order Level Materials1b. LOWEST PRICEDMODEL NUMBER AND PRICE FOR E ACH SIN:1c. HOURLY R AT ES (Services only): See page 13 of 15 for pricing
2. M AXIM UM ORDER*: $500,000.00 per sin/per orderNOTE TO ORDERING ACTIVITIES: *If the best value selection places your order over the Ma ximum Order identifiedin this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order,contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement(2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds themaximum order may be placed under the schedule contract in accordance with FAR 8.404
3. MINIMUM ORDER: $100.00 or negotiated at the deliver y/task order level4. GEOGRAPHIC COVERAGE: Domestic only5. POINT(S) OF PRODUCTION: USA6. DISCOUNT FROM LIST PRICES: GSA Net Prices are shown on the attached GSA Pricelist. Negotiateddiscount has been applied and the IFF has been added
7. QU ANTITY DISCOUNT(S): Additional 5% on orders totaling $200,000+ in any 12 month period
8. PROM PT PAYMENT TERM S: Net 30 da ys - "Information for Ordering Offices: Prompt paymentterms cannot be negotiated out of the contractual agreement in exchange for other concessions."9a. Government Purchase Cards must be accepted at or below the micro-purchase threshold
9b. Government Purchase Cards are accepted above the micro-purchase threshold. Contactcontractor for limit
10. FOREIGN ITEMS: N/A11a. TIM E OF DELIVERY: 30 Da ys from ARO
11b. EXPEDITED DELIVERY: 5 Da ys from ARO or negotiated at the deliver/task order level
11c. OVERNIGHT AND 2-DAY DELIVERY: Negotiated at the deliver/task order level
11d. URGENT REQUIRMENTS: Agencies can contact the Contractor’s representative to affect a faster delivery
Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery Contract # GS-35F-364BA 12. FOB POINT: Destination
13a. ORDERING ADDRESS: Same as Contractor
13b. ORDERING PROCEDURES: Ordering activities shall use the ordering procedures described in FederalAcquisition Regulation 8.405-3 when placing an order or establishing a BPA for supplies or services. The orderingprocedures, information on Blanket Purchase Agreements (BPA’s) and a sample BPA can be found at the GSA/FSSSchedule Homepage (fss.gsa.gov/schedules)
14. P AYMENT ADDRESS: LCPtracker, Inc
117 E. Chapman Ave
Orange, CA 9286615. W ARRANTY PROVISION: Standard Comm ercial W arranty
16. EXPORT PACKING CHARGES: N/A17. TERM S AND CONDITIONS OF GOVERNMENT PURCHASE C ARD ACCEPT ANCE: See 9a and 9babove
18. TERM S AND CONDITIONS OF RENT AL,M AINTENANCE, AND REPAIR (IF APPLICABLE): N/A19. TERM S AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A or as applicable
20. TERM S AND CONDITIONS OF REPAIR PARTS INDICATINGDATE OF PARTS PRICE LISTS ANDANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A20a. TERM S AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A21. LIST OF SERVICE AN D DISTRIBUTION POINTS : N/A22. LIST OF PARTICIPATING DEALERS: N/A23. PREVENTIVE MAINTENANCE: N/A24a. SPECI AL ATTRIBUTES SUCH AS ENVIRONMENT AL ATTRIBUTES (e.g. recycled content,energy efficiency, and/or reduced pollutants): N/A24b. Section 508 Compliance for Electronic and Information Technology (EIT): Section 508compliance information on the supplies and services in this contract are available at the follow ingwebsite address (URL): [http://www .Section508.gov/25. DUNS NUM BER: 013632984/UEI: HM6WNQWHZBA8 , and Cage Code: 4Ycj4TPIN26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AW ARD M ANAGEMENT (SAM)DAT AB ASE: Contractor has an Active Registration in the SAM database
Contract # GS-35F-364BA Terms and Conditions TERMS and CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES 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 software that has been tendered for acceptance. The ordering activity ma y require repair or replacement of nonconforming so ftware at no increase in contract price. The ordering activity must exercise its post acceptance 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 software, unless the change is due to the defect in the software. Inspection of services is in accordance with 552.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS (J AN 2017) (DEVIATION – FEB 2007) (DEVIAT ION - FEB 2018) for Firm-Fixed P rice orders; or GSAR 552.212-4 CONTRACT TERMS AND CONDIT IONS-COMMERCIAL ITEMS (J AN 2017) (DEVIATION - FEB 2018) (ALTERNATE I - JAN 2017) (DEVIATION - FEB 2007) for Time- and-Materials and Labor-Hour Contracts orders placed under this contract
2. COMMERCIAL SUPPLIER AGREEMENTS Commercial Supplier Agreements to include Enterprise User License Agreements or Terms of Service (T OS) agreements. The Contractor shall provide all Commercial Supplier Agreements to include Enterprise User License A greements or T erms of Service (TOS) agreements in an edita ble Microsoft Office (Word) format for review prior to award
3. GUARANTEE/WARRANTY a. The Contractor’s commercial guarantee/warranty shall be included in the Commercial Supplier Agreement to include Enterprise User License Agreements or Terms of Service (TOS) agreements
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. If no implied warranties are given, an express warranty of at least 60 days must be given in accordance with FAR 12.404(b)(2) 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
4. TECHNICAL SERVICES The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number _714-669-0052 x4_ for the purpose of providing user assistance and guidance in the impl ementation of the software. The technical support number is available from 5:00am PST to 6:00pm PST
5. SOFTWARE MAINTENANCE(1) Software Maintenance as a Product (SIN 511210) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the Contract # GS-35F-364BA software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and Frequently Asked Questions (FAQ’s), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self- diagnostics
Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These exampl es are considered software maintenance services
Software Maintenance as a product is billed at the time of purchase
(2) Software Maintenance Services (SIN 54151) Software maintenance servic es creates, designs, implements, and/or integrates customized changes to software that sol ve one or more problems and is not included with the price of the software. Software maintenance services includes person-to-person commu nications regardless of the mediu m used to communicate: telephone support, on- line technical support, customized support, and/or technical expertise which are charged commerc ially
Software maintenance services are billed in arrears in accordance with 31 U.S.C. § 3324 b. 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 INVOICE6. PERIODS OF TERM LICENSES (SIN 511210) AND MAINTENANCE (SIN 54151)a. The Contractor shall honor orders for periods for the duration of the contractperiod or a lessor period of time
b. Term licenses and/or maint enance may be discontinued by the ordering activity on thirty (30)calendar days written notice to the Contractor
c. Annual Funding. When annually appropriated funds are cited on an order for termlicenses and/or maintenance, the period of the term licenses and/or maintenance shallautomatically expire on September30 of the contract period, or at the end of the contract period, whichever occurs first
Renewal of the term licenses and/or maintenance orders citing the new appropriation shallbe required, if the term licenses and/or maintenance is to be continued during anyremainder of the contract period
d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specificappropriation authority provides for funds in excess of a 12 month (fiscal year) period, theordering activity may place an order under this schedule contract for a period up to theexpiration of the contract period, notwithstanding the intervening fiscal years
e. Ordering activities should notify the Contractor in writing thirty (30) calendar daysprior to the expiration of an order, if the term licenses and/or maintena nce is to beterminated at that time. Orders for the continuation of term licenses and/or maintenancewill be required if the term licenses and/or maintenance is to be continued during thesubsequent period
Contract # GS-35F-364BA 7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert term licenses to perpetual licens es for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement
b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering a ctivity
c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license
d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less
8. TERM LICENSE CESSATION a. After a software product has been on a continuous term license for a period of 12 months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commit ment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited
b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor
9. UTILIZATION LIMITATIONS - (SIN 511210) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b
When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subj ect to the follo wing:(1) T itle to and o wnership of the soft ware and do cumen tatio n shall remain with theContractor, unless other wise specified
(2) Soft ware licenses are by site and by ordering activity. An ordering activity isdefined as a cabinet level or independent ordering activity. The soft ware may be used byany sub divisio n of t he ordering activit y (service, bureau, division, comma nd, etc.) that has Contract # GS-35F-364BA access to the site the softwa re is placed at, even if the subdi visio n did not participate in theacquisition of the software. Further, the softwa r e may be used on a sharing basis wheremulti ple agencies have j oint projects that ca n be satisfied by the use of the softwar e placed atone ordering activity's site. This would allo w other agencies access to one orderingactivity's database. For ordering activity public do mai n data bases, user agencies and thirdparties may use the co mp uter progra m to enter, retrieve, analyze and present data. T he userordering activity will take appropriate action by instr uction, agreement, or other wise, toprotect the Contractor's pr oprietary property with a ny third parties that are permittedaccess to the co mputer programs and docu mentati on i n connection with the user orderingactivity's per mitted use of the co mputer programs and docu mentatio n. For purposes of thissection, all such per mitted third parties shall be deemed agents of the user orderi ng activity
(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall notprovide or other wise make available the soft ware or documentation, or any portio n thereof,in any form, to any third party without the prior written approval of the Contractor. Thirdparties do not include prime Contractors, sub con tr actors and agents of the ordering activitywho have the ordering activi ty's per mission to use the licensed software and docume ntationat the facility, and who have agreed to use the licensed soft ware and do cumentatio n only inaccordance with these restrictions. This pro vision does not limit the right of the orderingactivity to use soft wa re, documentatio n, or infor mation therein, which the ordering activitymay already have or obtains without restrictions
(4) The ordering activity shall have the right to use the computer soft ware anddocumentation with the co mputer for which it is acquired at any other facility to which thatco mputer may be trans fe rred, or in cases of Disaster Recover y, the ordering activit y has theright to transfer the software to another site if the ordering activit y site for which it isacquired is deemed to be unsafe for ordering activit y personnel; to use the co mputersoftware and documentation with a backup computer when the pri mar y co mputer isinoperative; to cop y co mputer programs for safekeepi ng (archives) or backup purposes; totransfer a copy of the software to another site for purposes o f benchmar king new hard wareand/or soft ware; and to modify the soft ware and docu mentati on or combine it with othersoft ware, provided that the unmo dified portions shall remain subject to these restrictio ns
(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, i ncluding this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend
(6) Licensee Data belongs exclusively to Licensee, regardless of where the Data may reside at any mo ment in time including, but not limited to Licensor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from ti me to time. Licensor makes no claim to a right of ownership in Licensee Data. Licensor agrees to keep the Licensee Data Confidential as that term is defined in the relevant FAR and DFARS provisions pertaining to Confidential Infor mation and Confidentiality. Licensor is not permitted to use Licensee’s data for a purpose that is not explicitly granted in writing by Licensee. Upon Licensee request, for any reason whatsoever, Licensor must promptly return all Licensee Data in Licensor’s possession in a format as may be designated at the time of request by Licensee
(7) Licensee may create or hire others (includi ng Licensor) to create modifications, customizations or other enhancements to the Software which might be classified Contract # GS-35F-364BA as “Derivative Works” of the software. Unless otherwise negotiated and mutually agreed upon at the order level, the intellectual property (IP) rights to the Derivative Works shall be owned by the owner of the underlying intellectual property. The Derivative Work[s] shall be made available to the Licensee through a royalty free, perpetual worldwide, no charge license to the Licensee
(8) Software Asset Identification Tags (SWID) (Option 1 SIN 511210) Option 1 is applicable when the Offeror agrees to include the International Orga nization for Standardization/International Electro-technical Commission 19770-2 ( ISO/ IEC 19770- 2:2015) standard identification tag (SWID Tag) as an embedded element in the software. An ISO/IEC 19970-2 tag is a discoverable identification element in software that provides licensees enhanced asset visibility
Enhance visibility supports both the goals of better software asset manage ment and license compliance. Offerors may use the National Institute of Standards and Technology (NIST) document “NISTIR 8060: Guidelines for Creation of Interoperable Software Identification (SWID) Tags,” Dec ember 2015 to determine if they are in compliance with the ISO/ IEC 19770-2 standard
Section 837 of The Federal Information Technology Acquisition Reform Act (FITARA) of 2014, requires GSA to seek agreements with software vendors that enhance government - wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. The Megabyte Act of 2016 requires agencies to inventory software assets and to make informed decisions prior to new software acquisitions. In June of 2016, the Office of Management and Budget issued guidance on software asset management requiring each CFO Act (Public Law 101-576 – 11/15/1990) agency to begin software inventory management (M-16-12). To support these requirements, Offerors may elect to include the terms of Option 1 and/or Option 2, which support software asset manage ment and government-wide reallocation or transferability of perpetually licensed software
(9) Reallocation of Perpetual Software (Option 2 SIN 511210) a. The purpose of SIN 132-33 OPTION 2 is to allow ordering activities to transfer software assets for a pre-negotiated charge to other ordering activities
b. When an ordering activity becomes aware that a reusable software asset may be available for transfer, it shall contact the Contractor, identify the software license or licenses in question, and request that these licenses be reallocated or otherwise made available to the new ordering activity
c. Contractors shall release the original ordering activity fro m all future obligations under the original license agreement and shall pres ent the new ordering activity with an equivalent license agreement. When the new ordering activity agrees to the license terms, henceforth any subsequent infringement or breach of licensing obligations by the new ordering activity shall be a matter exclusively between the new ordering activity and the Contractor
d. The original ordering activity shall de-install, and/or ma ke unusable all of the software assets that are to be transferred. It shall have no continuing Contract # GS-35F-364BA right to use the software and any usage shall be considered a breach of the Contractor’s intellectual property and a matter of dispute between the original ordering activity/original license grantee and the licensor
e. As a matter of convenience, once the original licenses are deactivated, di- installed, or made otherwise unusable by the original ordering activity or license grantee, the Contractor may elect to issue new licenses to the new ordering activity to replace the old licenses. When new licenses are not issued, the Contractor shall provide technical advice on how best to achieve the functional transfer of the software assets
f. Software assets that are eligible for transfer that have lapsed Software reinstatement fee, chargeable to the new ordering activity or license grantee. When such a fee is paid, the new ordering activity shall receive all the rights and benefits of Software Maintenance Services
10. SOFTWARE CONVERSIONS - (SIN 511210) Full monetary credit will be allo wed to the ordering activity when co nversio n fro m one version of the soft ware to another is made as the result of a change in operati ng system, or fro m one co mputer syste m to another. Under a perpetual license (132-33), the purchase price of the new so ft ware shall be reduced by the amo unt that was paid to purchase the earlier version
Under a term license (132 -32), conversion credits which accrued while the earlier version was under a ter m license shall carr y for ward and remain available as co nversio n credits whic h may be applied towards the perpetual license price of the new versio n
11. DESCRIPTIONS AND EQUIPMENT COM PATIB ILITY The Contractor shall include, in the schedule pricelist, a complete description of each soft ware product and a list of equip ment on which the software can be used. Also, included shall be a brief, introductor y explanation of the modules and documentation which are offered
12. RIGHT- TO-COPY PRI CING The Contractor shall insert the discounted pricing for right-to-copy licenses
Contract # GS-35F-364BA LIMITED USE SOFTWARE AS A SERVICE AND DATA LICENSE AGREEMENTApplication Service Provider-LCPtracker Program (LCPtracker™)LCPtracker is a powerful tool that will help the GSA Customer’s organization comply with the new state, federal andlocal regulations to manage the GSA Customer’s certified prevailing wage payroll requirements. LCPtracker utilizesthe latest developments in web and PDA technology that allow organizations the ability to collect labor data, validateit against the State, Federal and local labor compliance regulation and prevailing wage databases, allowing our clientsto track variance compliance, report on the findings, and create necessary audit logs
THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH LCPTRACKER, INC. ("LCPTRACKER") OFFERSTO LICENSE (NOT SELL) ITS SOFTTWARE SERVICES, TO THE GSA CUSTOMER FOR USE ONLY UNDER THE TERMS OFTHIS LICENSE. GSA Customer must read this Agreement carefully before accessing or using the Software, andbefore allowing any of its authorized employees, agents, affiliates, or any other person under its control to do so
This Limited Use Software and Data License Agreement (“Agreement” herein) is between LCPtracker, Inc., and theGSA Customer) who uses LCPtracker, LCPcertified, Housing lite, and/or Daily Reporter (“the Software” herein)
The GSA Customer under the “Schedule Contract” is the "ordering activity," defined as an "entity authorized toorder under GSA Schedule contracts as defined in GSA Order OGP 4800.2I, as may be revised from time-to-time."This agreement, when signed, shall bind the GSA Customer but shall not operate to bind an employee or personacting on behalf of the GSA Customer in his or her personal capacity. The terms and conditions of 552.212-4(w)shall apply and be deemed incorporated into this License agreement
The GSA Customer is responsible for the selection of the software and its associated data and/or information toachieve its intended results, and for the installation, use and results obtained from the software
In consideration for using the Software, LCPtracker and GSA Customer agree to the following: 1. License and Ownership. LCPtracker agrees to license for business use its Software to the GSA Customer
It is understood and agreed that the Software is owned by LCPtracker, Inc., and that no interest in the Software is conferred on User by either this Agreement or End User’s use of the Software. It is further understood that the license conferred under this agreement is non-exclusive
2. Disclaimer of implied warranties. To the extent that there might otherwise be an implied warranty of merchantability, LCPtracker, Inc. disclaims that implied warranty of merchantability. To the extent that there might otherwise be an implied warranty of fitness for a particular purpose, LCPtracker, Inc. disclaims that implied warranty of fitness for a particular purpose. Notwithstanding the foregoing, LCPtracker provides a warranty for the replacement or repair of defective items when such defect is brought to its attention within a reasonable time after acceptance, but only to the extent that doing such is required by 48 C.F.R. 12.404(b)(2). LCPTRACKER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER
3. Warranty. LCPtracker warrants that the Software will, for a period of sixty (60) days from the date of your receipt, perform substantially in accordance with the Software written materials accompanying it
Contract # GS-35F-364BA IN THE EVENT OF A BREACH OF WARRANTY, THE U.S. GOVERNMENT RESERVES ALL RIGHTS AND REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND THE CONTRACT DISPUTES ACT, 41 U.S.C. 7101-7109
4. Limitation on remedies. LCPtracker shall not be subject to special, consequential, indirect, incidental, or punitive damages, or lost profits resulting from defects in the product. GSA Customer shall not be subject to special, consequential, indirect, incidental, loss profits, or punitive damages that at all relate to GSA Customers reasonable use of the Software
5. THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION), OR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW
6. Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract
7. Disputes. This contract is subject to 41 U.S.C. Chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract
8. Trade Secrets. GSA Customer acknowledges that the source code, and anything else that underlies the Software, including without limitation, underlying ideas, underlying algorithms, underlying concepts, underlying procedures, underlying processes, underlying principles, and underlying methods of operations are trade secrets, which belong to LCPtracker. To the extent that GSA Customer may ever learn any of the foregoing, GSA Customer agrees to never communicate such to any individual or entity
9. Governing law. The Federal laws of United States shall govern this Agreement
10. Venue. The venue for disputes between LCPtracker, Inc. and the Ordering Activity shall be handled in accordance with Federal Law
LCPtracker, Inc. The GSA Customer:By: By:Title: Title:Date: Date: Contract # GS-35F-364BA About LCPtracker, Inc
LCPtracker is an Application Service P rovider (ASP) web -hosted software progr am t hat mini mizes paper workand intensive labor hours when enforcing a Labor Co mpliance Program on public works construction proj ects
LCPtracker creates a n onli ne database of all Certified Payroll Reports (CPRs), generates audit logs withstandard letters, electronic documents, attachments, and many other features for corres pondence tocontractors
LCPtracker reduces the intensive ma n-hours needed by our clients to manually review hundreds of CertifiedPayroll Records (CPRs) for any given project. This reduction is achieved by the contractor entering all of theirinfor mation into an online certified payroll reporting for m, or by uploading their payroll data fro m theirexisting accounting system( s). LCPtracker will flag any errors, o missions, or discrepancies the contractor mayhave on this report. T he contractor has immediate feed back of any violations found to be corrected prior tosub mitt al to Ad ministrator. LCPtracker, Inc. mai ntai ns a nd upgrades the soft ware to keep the prevailing wagerates up -to-date and notifies all designated parties involved of any violation. The ad ministrator has severaldeliver y options to have these notices/viol ations sent to the contractorLCPtracker software ensures that infor matio n sub mitted by contractors matches the infor mation gatheredduring on- site intervie ws; j ob classificati ons are listed correctl y; apprentice stages are approved; and socialsecurity numbers match. Overall errors and issues are dra matically reduced because LCPtracker is a proactivesystem that standardizes all data and notifies all users of potential problems duri ng the course of data entry
DATAB ASELCPtracker Inc. Consists of a t h r e e m o d u l e s database: a c o n t r a c t o r database, an a d m i n i s t r a t o rdatabase, and a prevailing wage database. These three databases work together to provide a web-basedprogram to capture, check and report on Certified Payroll Reports, as well as other related data andreporting. The Doc uments element is an additional function which enhances the posting and collection ofdocumentatio n required by LCP Program. Each compo nent is briefl y described below;Contractor Module: The contractor database allo ws the contractor to enter the Certified Payroll Repo rtsdata online. The system will check the contractor data against the prevailing wa ge data base and alert thecontractor of any p roblems. The contractor then certifies and submits their error-free Certified PayrollReports (CPRs) online. Several reports exist to assist the contractor in ma naging the submittal of CPRreports. The contractor has options to define their subcontractors in the system
Ad ministrator Module: T he administrator database allo ws the ad ministrator to track the status of CPRssubmittal, review sub mitted CPRs, and run reports on the data submitted in the CPRs in a wide variety ofways. The ad ministrators can also track the status of all documents required or created with r espect to theprevaili ng wage reporting. An on-site visit intervi e w reporting capability is providedPrevailing Wage Database: A prevailing wage databa se contains the wage i nfor mation appropriate to aparticular project. This da tabase is indexed by location, rates, project, labor craft, and labor classificationwithin that craft. You can self- maintai n this database or you can contract with LCPtracker to maintain thedatabase. LCPtracker currently maintains the prevailing wage infor matio n for the entire State ofCalifornia
Contract # GS-35F-364BA
Ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities …
What Does GSA Stand For? GSA stands for the General Services Administration which is a government agency that was established in 1949. The agency has evolved over the years and today is tasked with managing government buildings and real estate, providing product and service procurement support, and developing policies and regulations.
Our Strategic Goals:
The General Services Administration manages federal property and provides contracting options for government agencies.
a central management agency that sets Federal policy for Federal procurement and real property management and information resources management The General Services Administration is an independent agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies.