Human Resources and Equal Employment Opportunity Services (HR)
Federal Supply Schedule 738X

TERMS AND CONDITIONS APPLICABLE TO HUMAN RESOURCES AND EQUAL EMPLOYMENT OPPORTUNITY SERVICES

1. Orders:

   1. Agencies may use written orders, EDI orders, Blanket Purchase Agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. The purchase order shall specify the availability of funds and the period for which funds are available. For GSA reporting purposes only, an order should include the SIN(s) covered. Booz Allen’s task order proposal will reflect the applicable SIN(s).

   2. All task orders are subject to the terms and conditions of the contract. Ordering agencies may incorporate provisions in their task orders that are essential to their requirements (i.e., security clearances, hazardous substances, special handling, key personnel, etc.) These provisions, when required, will be included in individual task orders. Any cost necessary for Booz Allen to comply with the provision(s) will be included in the task order proposal unless otherwise prohibited by law. In the event of conflict between a task order and the contract, the contract will take precedence.

2. Performance of Services:

   1. Booz Allen shall commence performance of the services on the date agreed to by Booz Allen and the ordering office.

   2. The ordering office should include the criteria for satisfactory completion of each task in the statement of work or task order. Services shall be completed in a good and workmanlike manner.

   3. Any contractor travel required in the performance of task orders must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established federal government per diem ceiling rates will apply to all contractor travel. Contractors cannot use GSA city pair contracts.

   4. Any order issued during the effective period of this contract and not completed within that period shall be completed by the contractor within the time specified in the order. The contract shall govern the contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the contractor shall not be required to make any deliveries under this contract after the end of the time specified in the task order.

   5. Booz Allen shall comply with all laws, ordinances, and regulations (federal, state, city, or otherwise) covering work of this character.

3. Invoices: Booz Allen shall submit invoices upon completion of the work ordered. For firm-fixed price orders, partial payments are authorized and shall be based upon completion of defined milestones, interim products, and/or deliverables. Invoices shall be submitted monthly for recurring services performed during the preceding month for time and materials orders.

4. Payments: For firm-fixed price orders, the Government shall pay Booz Allen, upon submission of proper invoices or vouchers, the price(s) stipulated in the order. Partial payments shall be made when authorized by the order. For time and materials orders, the clause Payments under Time-and-Materials and Labor-Hour Contracts (Alternate I (APR 1984)) at FAR 52.232-7 applies. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts (FEB 1997) (Alternate II (JAN 1986)) at FAR 52.232-7 applies.

5. Incidental Support Items: In accordance with Booz Allen’s accounting practices, any item used in direct support of a contract may be charged directly to a task order. Typical ODCs include but are not limited to long-distance telephone, reproduction, hardware, software, microcomputer usage, miscellaneous supplies (e.g., diskettes and pagers), and local and long-distance travel with the appropriate indirect costs (no fee or profit). Travel required in the performance of task orders under this contract shall be reimbursed by the ordering agency to the extent that such costs are within funding limitations and are otherwise allowable in accordance with the FAR or applicable agency regulations. Travel will be in accordance with the Federal Travel Regulations or Joint Travel Regulations, as applicable.
   
   The labor category rates included in the pricelist will apply to the work performed within the geographical scope of this contract. However, we recognize that work may be required that may result in markedly different costs than are normally incurred, for example, work performed in overseas locations (i.e., outside the 48 contiguous states). Booz Allen would expect—in conjunction with the client—to examine these costs and negotiate appropriate pricing arrangements on a case-by-case basis.

6. Liability Limitations:

   1. Injury or Damages—Booz Allen shall not be liable for any injury to government personnel or damage to government property arising from the services provided unless such injury is due to the fault or negligence of Booz Allen.

   2. Consequential Damages—Booz Allen shall not be liable for any consequential damages, including strict liability, of any kind or nature, associated with any actual or alleged breach of the contract, tort or negligence, or otherwise caused. In no event shall Booz Allen be liable for costs or damages resulting from alleged breach of the contract even if, under applicable law, such costs or damages would not be considered consequential or special damages.

7. Technical Data: FAR clause 52.227-14, Rights in Data-General (Jun 1987)—Alternate II, will govern technical data under this contract.

This page was last updated 7 August 2008