GSA Schedule 70
IRI, Inc. is Veteran-Owned and CCR-Registered
Innovative Routines International (IRI), Inc., provides U.S. federal government agencies with
Information Technology (IT) software products for open systems (Unix, Linux, and Window platforms).
State and Local Government Agencies, Schools and Universities are also able to purchase
FACT and RowGen
from Schedule 70 by way of
Cooperative Purchasing. The geographical scope of this
contract is the 48 contiguous states, the District of Columbia, Hawaii, Alaska, U.S. Territories
and Commonwealths, and overseas U.S. Government Locations.
The following telephone number can be used by qualifying agencies to obtain technical
and/or ordering assistance: (800) 333-SORT, main menu option 4.
| Schedule Type:
|| GSA Federal Supply Schedule 70 General Purpose Commercial Information Technology Software
| Contract Number:
| Contract Period:
|| Effective Date August 24, 2004 through April 23, 2012
| Services Provided:
|| Special Item Number 132-33 - Perpetual Software Licenses
Special Item Number 132-34 - Software Maintenance
| APCO Contact:
||Lisa Mangino (321) 777-8889, ext 224
Products and ordering information in the 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 URL
http://www.fss.gsa.gov. At GSA Advantage! search on the word "CoSort".
Contractor's Ordering Address and Payment Information
Orders placed under this contract should be directed to the following address,
unless otherwise indicated in the CoSort furnished quote:
Ordering Mailing Address
CoSort / IRI, Inc.
2194 Highway A1A, Suite 303
Melbourne, FL 32937-4932
Special Note to Agencies
Small Business Participation
IRI, Inc. is a small business. The SBA strongly supports the participation of small business concerns in the Federal Supply Schedule 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 micro-purchase 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! On-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage! 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 same delivered price will satisfy their requirement.
General Terms and Conditions
Terms and Conditions Applicable to Perpetual Software License (Special Item 132-33) and Maintenance (Special Item 132-34) of General Purpose Commercial Information Technology Software.
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 may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (a) within a reasonable time after the defect was discovered or should have been discovered; and (b) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.
Unless specified otherwise in this contract, IRI's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract.
IRI warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
Limitation of Liability. Except as otherwise provided by an express or implied warranty, IRI will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
Technical Support Services:
IRI, Inc., without additional charge to the Ordering Activity, shall provide a hot line technical support number for the purpose of providing user assistance and guidance in the implementation of the software.
The technical support number is 321.777.8889, main menu option 3, and is operational from 9am to 6pm, Eastern time, Monday through Friday. 24/7 support is also available; contact IRI for details.
Software Maintenance (132-34):
Software maintenance services include: 1) new releases as requested or needed; 2) error remediation; and, 3) telephone and email support. Live support is provided Monday through Friday from 9am to 6pm Eastern time. 24/7 service is separately available. Maintenance is provided free of charge for the first year of licensing IRI products, and is then available at the agency's annual option for 15% or 18% of the license fee(s) based on software upgrade levels. Maintenance periods can be consolidated or pro-rated to reset at the end of each fiscal year. Maintenance agreements can automatically renew with annual or multi-annual purchase orders.
Annual Funding. When annually appropriated funds are cited on an order for maintenance, the period of maintenance can be set to automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of maintenance orders citing the new appropriation shall be required, if the maintenance is to be continued during any remainder of the contract period.
Cross-Year Funding Within Contract Period. Where an ordering office's specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering office may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years.
Ordering offices should notify IRI in writing thirty (30) calendar days prior to the expiration of an order, if the maintenance is to be terminated at that time. Orders for the continuation of maintenance will be required if the maintenance is to be continued during the subsequent period.
Utilization Limitations (132 33, AND 132 34):
Software acquisition is limited to commercial computer software defined in FAR Part 2.101.
When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following:
(1) Title to and ownership of the software and documentation shall remain with IRI, unless otherwise specified.
(2) Software licenses are by site, ordering activity and by individual hardware component. An ordering activity is defined as a cabinet level or independent ordering activity. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.
(3) The ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor.
(4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of disaster recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions. In such cases, contractor must contact IRI for new activation keys.
(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including 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.
Right to Copy:
IRI does not typically offer right-to-copy licenses, but can through special arrangement.
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 offices 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 office 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 Government's needs.
a. Orders placed at or below the micro-purchase threshold. Ordering offices 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
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 offices 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 agency's needs. In selecting
the supply or service representing the best value, the ordering office may
(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 office 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 offices shall -
(1) Review additional Schedule Contractors' 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 office 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 Prices 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 agreement (BPA). 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 offices 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 offices will find it advantageous to request a price reduction. For example, when the ordering office 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 office 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 agency for a specific order.
f. Small business. For orders exceeding the micro-purchase threshold, ordering offices should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirements.
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 agency 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 office shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the agency's needs.
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