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HomeMy WebLinkAboutContract 52759 CITY SECRETARY FORT WORTH CONTRACT NO. 50Q CITY OF FORT WORTH COOPERATIVE PURCHASE This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of Fort Worth, ("City"), a Texas home rule municipal corporation and Locus Diagnostics, LLC., a Florida Limited Liability Corporation("Vendor")to purchase radio monitoring software upgrades under a cooperative agreement. The Coop Purchase includes the following documents (collectively, Cooperative Documents") which shall be construed in the order of precedence in which they are listed: 1. Schedule A—Terms and Conditions 2. Schedule B—Vendor's Quote; and 3. Schedule C—GSA Federal Acquisition Service Contract No. GSA-35F-268BA Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Coop Purchase for all purposes. In the event of a conflict between the Fort Worth Agreement and the Cooperative Contract, then the Fort Worth Agreement shall control, but only to the extent allowable under the Cooperative Contract. The maximum amount to be paid to the Vendor for all services performed and goods purchased hereunder shall not exceed One Hundred Forty Thousand, Eight Hundred Eighty Three Dollars and 33/100 ($140,883.33)per year. The undersigned represents and warrants that he or she has the power and authority to execute this Coop Purchase and the Cooperative Documents and bind the Vendor. (signature page follows) OFFICIAL RECORD CITY SECRETARY SEQ wo�1 FT. WORTH,TX H C1 t\v* 51�' ,1 Cooperative Purchase Page 1 of 33 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: ensuring all performance and reporting Name: Kevin Gunn requirements. Title: Assistant City Manager Date: 9ll-?12(j By: - Approval Recommended: Name: Alan Girton Title: Senior IT Solutions Manager k1 1� Approved as to Form and Legality: By: Name: Roger rig t Title: Interim IT Solutions Director By: Attest: Name: JoyB. Stro g Title: Assistant City A ney Contract Authorizati n: By: f � � M&C: 19-0014 081151161 Name: Mar J. K rN15 lags Title: City Secretary VENDOR: '!'Ys Locus Diagnostics By: Name: Joseph ley Title: Managing Partner Date: kho 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Cooperative Purchase Page 2 of 33 Schedule A Terms and Conditions AUTHORIZED INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT,SOFTWARE AND SERVICES Special Item No.132-8 Purchase of New Equipment(Subject to Cooperative Purchasing) Special Item No.132-12 Maintenance,Repair Service and Repair Parts/Spare Parts(Subject to Cooperative Purchasing) SIN 132-8 PURCHASE OF NEW EQUIPMENT FSC CLASS 7025-INPUT/OUTPUT AND STORAGE DEVICES Other Communications Equipment FSC CLASS 5895-MISCELLANEOUS COMMUNICATION EQUIPMENT Miscellaneous Communications Equipment NOTE:Installation must be incidental to,in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately.If the construction,alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act,ordering activities are required to incorporate wage rate determinations into orders,as applicable. SIN 132-12-MAINTENANCE OF EQUIPMENT,REPAIR SERVICE,AND REPAIR PARTS/SPARE PARTS (FPDS Code J070-Maintenance and Repair Service) (Repair Parts/Spare Parts-See FSC Class for basic equipment) Maintenance Repair Service Repair Parts/Spare Parts Locus Diagnostics, LLC 1055 S.John Rodes Blvd. West Melbourne,FL 32904 Phone:(321)727-3077 Fax:(321)727-3067 Contract Number: GS-35F-268BA Period Covered by Contract: March 14,2014 through March 13,2024 Minority Woman-Owned Small Business Pricelist current through Modification 911 Dated 01/26/2018 Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 1 Cooperative Purchase Page 3 of 33 Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage!System(http://www.gsaadvantage.gov). Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268sA Page 2 Cooperative Purchase Page 4 of33 Table of Contents About Locus Diagnostics, LLC.........................................................................................4 Information for Ordering Activities ........................................................................5-14 Terms and Conditions Applicable to Purchase of General-Purpose Commercial Information Technology Equipment(Special Item Number 132-8) ................ 15- 17 Pricelist for Special Item Number 132-8 ............................................................. 18- 20 Terms and Conditions Applicable to Maintenance and Repair Service and Repair Parts/Spare Parts (Special Item Number 132-12) .............................................. 21-28 Pricelist for Special Item Number 132-12 ...................................................................29 Sample Blanket Purchase Agreement ................................................................. 30-32 Basic Guidelines for Using Contractor Team Arrangements................................... 33 Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 3 Cooperative Purchase Page 5 of 33 About Locus Diagnostics, LLC Locus Diagnostics,LLC(dba LocusUSA)is an R&D engineering company focusing its research in the area of RIP waveform capture for location and analysis. This research led to the awarding of several patents and the development of DiagnostX,a novel over-the,air radio waveform analyzer that monitors the performance of the radios in the system to determine whether individual radios are functioning properly and meeting FCC performance requirements. It operates over a long-range,5+miles radius,24-hours a day,7 days a week. DiagnostX helps to solve a big and expensive problem—radio maintenance. Public safety agencies across the nation are feeling the pinch of a poor economy. Tasked with the job of doing more with less,everyone is looking for creative ways to manage shrinking budgets and maximize efficiency. Thanks to DiagnostX'unique technology,agencies can now tell remotely if the mobile and portable radios in their trunked networks are operating to specification,eliminating the need to bring all radios in from the field for testing and service. DiagnostX operates like an"over-the-air"bench technician that is on the job 24-hours a day,7- days a week. DiagnostX constantly monitors all radios on a network and accurately identifies which radios are functioning properly and which radios are in need of alignment/service. DiagnostX provides agencies with the opportunity to take a more proactive approach to radio maintenance.It eliminates the need to schedule annual maintenance on every radio or to wait until a radio fails."Sick"or problem radios can be quickly identified and conveniently brought in for service while properly aligned radios can stay out in the field where they are needed most. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 4 r Cooperative Purchase Page 6 of 33 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 Acquisition Service.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!®on-line shopping service (www.fss.gsa.gov).The catalogs/pricelists,GSA Advantage l®and the Federal Acquisition 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: Domestic delivery is delivery within the 48 contiguous states,Alaska,Hawaii,Puerto Rico,Washington,DC,and U.S.Territories. Domestic delivery also includes a port or consolidation point,within the aforementioned areas,for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states,Washington, DC,Alaska,Hawaii,Puerto Rico,and U.S.Territories. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 5 Cooperative Purchase Page 7 of 33 Offerors are requested to check one of the following boxes: [ ]The Geographic Scope of Contract will be domestic and overseas delivery. [ ]The Geographic Scope of Contract will be overseas delivery only. [x]The Geographic Scope of Contract will be domestic delivery only. 2. MAXIMUM ORDER: $500,000 per SIN/$500,000 per Order 3. MINIMUM ORDER:$100.00 4. CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION Address for Ordering and Payment: Locus Diagnostics,LLC 1055 S.John Rodes Blvd. West Melbourne,FL 32904 sales@locususa.com Contractor must accept the credit card for payments equal to or less than the micro- purchase for oral or written orders under this contract.The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold(See GSAR 552.232-79 Payment by Credit Card).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 activities to obtain technical and/or ordering assistance:(321)727-3077 5. 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. 6. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279 Block 9: G. Order/Modification Under Federal Schedule Contract Block 16: Data Universal Numbering System(DUNS)Numb►rr:962425224 Block 30: Type of Contractor—Small Business Block 31: Minority Woman-Owned Small Business—Yes Block 36: Contractor's Taxpayer Identification Number(TIN):27-0897115 Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 6 Cooperative Purchase Page 8 of 33 6a. CAGE Code: 60FR2 6b. Contractor has registered with the System for Award Management (SAM)database: Yes 7. FOB DESTINATION Not applicable 8. 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 30 Days or as agreed with ordering office 132-12 As negotiated between the Contractor and Ordering Agency 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. 9. DISCOUNTS Prices shown are NET Prices; Basic Discounts have been deducted. a. Prompt Payment:No discount available b. Quantity:No discount available C. Dollar Volume:No discount available d. Other Special Discounts:None Locus Diagnostics,LLG-Rev.Date.06182019(R55) GS-35F-268BA Page 7 Cooperative Purchase Page 9 of 33 10. TRADE AGREEMENT 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. 11. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: not applicable 12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR)8.405 when placing an order or establishing a BPA for supplies or services.These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies,and services not requiring a statement of work. b.FAR 8.405-2 Ordering procedures for services requiring a statement of work 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 Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 8 Cooperative Purchase r Page 10 of 33 issued bythe 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) (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. NOTE:Refer to FAR Part 31.205-46 Travel Costs,for allowable costs that pertain to official company business travel in regards to this contract. (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 Locus Diagnostics,LLC-Rev. e:O61-019(-55) GS-35F-2688A Page 9 Cooperative Purchase Page 11 of 33 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 o')ligation on orders placed under this contract is contingent upon the availability of apF ropriated 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(1)Termination for the ordering activity's convenience,and(m)Termination for Cause(See C.1.) 16.GSA Advantage! GSA Advantagel 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. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 10 Cooperative Purchase Page 12 of 33 Agencies can browse GSA Advantage!by accessing the Internet World Wide Web utilizing a browser(ex.:Chrome,Firefox,Internet Explorer). The Internet address is http://www.gsaadvantage.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.ODCs(Other Direct Costs)are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.401(d). 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/serv!ce/software package submitted in response to requirements which result In orders under this Schedule conuaci. Locus Diagnostics,LLC=Rev.Date:06182019(R55) GS-35F-268BA Page 11 Cooperative Purchase Page 13 of 33 (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 current ly covered by the GSA Schedule contract. 19. OVERSEAS ACTIVITIES Not applicable,delivery for domestic use only. 20. BLANKET PURCHASE AGREEMENTS(BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable.BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s).Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). 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,Industrial Funding Fee and Sales Reporting,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, Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 12 Cooperative Purchase Page 14 of 33 alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply. 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). The 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) (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 Locus Diagnostics,LLC-Rev.Date:06182019(RSS) GS-35F-268BA Page 13 Cooperative Purchase Page 15 of 33 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. 26. SOFTWARE INTEROPERABILITY Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability.An item's interface may be identified as interoperable on the basis of participation in a Government agency- sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov, 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.Advance or pre-payment is not authorized or allowed under this contract.(31 U.S.C.3324) Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 14 Cooperative Purchase Page 16 of 33 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (SPECIAL ITEM NUMBER 132-8) Note:Commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)programs. For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEAT-registered products,at the Bronze level or higher.If offerors opt to offer Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)products then they shall identify by model which products offered are Energy Star-qualified and EPEAT-registered,broken out by registration level of bronze,silver,or gold.Visit the Green Procurement Compilation, sftool.gov/greenprocurement for a complete list of products covered by these programs. 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 "NOTE:Contractors are to indicate in the pricelist whether the equipment is self-installable." 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: Locus Diagnostics,LLC-Rev.Date:06182019(1455) GS-35F-268BA Page 15 Cooperative Purchase Page 17 of 33 The product is self-installable. _ "NOTE:CONTRACTORS SHOULD PROVIDE COMMERCIAL PRACTICES FOR INSTALLATION/DEINSTALLATION/REINSTALLATION FOR REVIEW AND PCSSIBLE INCLUSION IN THE CONTRACT." b. INSTALLATION,DEINSTALLATION,REINSTALLATION.The Davis-Bacon Act(40 U.S.C.276a-276a-7)provides that contracts in excess of$2,000to 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 requirement 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 or SIN 132-9. 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 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 item,unless the change is due to the defect in the item. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 16 Cooperative Purchase Page 18 of 33 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. "Contractor is to insert commercial warranty clauses.* b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability.Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant,the address is as follows: Locus Diagnostics,LLC 1055 S.John Rodes Blvd. West Melbourne,FL 32904 7. PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement,or the ordering activity purchase price in effect on the installation date(or delivery date when installation is not applicable),whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal,State,City or otherwise)covering work of this character,and shall include all costs,if any,of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation(FAR),the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations(FPMR) (41 CFR 101-43.6),and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46). Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 17 Cooperative Purchase Page 19 of 33 DiagnostX GSA Schedule#GS-35F-268BA Special Item Number 132-8 Part Number Description List Price GSA Price DX-2002a DiagnostX Over-the-Air Waveform Analyzer,one $54,900.00 $49,783.38 protocol/one band. Includes monitoring antenna,multi-coupler cable,and one-year limited warranty/support on hardware and software. DX-2002b DiagnostX Over-the-Air Waveform Analyzer,one $57,900.00 $52,503.78 protocol/two bands. Includes monitoring antenna,multi-coupler cable,and one-year limited warranty/support on hardware and software. DX-2002c DiagnostX Over-the-Air Waveform Analyzer,two $69,500.00 $63,022.67 protocols/one band. Includes monitoring antenna,multi-coupler cable,and one-year limited warranty/support on hardware and software. DX-2002d DiagnostX Over-the-Air Waveform Analyzer,tvoo $72,500.00 $65,743.07 protocols/two bands. Includes monitoring antenna,multi-coupler cable,and one-year limited warranty/support on hardware and software. DX-2002e DiagnostX Over-the-Air Waveform Analyzer, $75,500.00 $68,463.48 three protocols/two bands. Includes monitoring antenna,mufti-coupler cable,and one-year limited warranty/support on hardware and software. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 18 Cooperative Purchase Page 20 of 33 MX-3000 DiagnostX Master Unit,one protocol. Collects $45,000.00 $40,806.05 data from NX-200 Remote Receivers at antenna sites into one consolidated database and GUI (large systems will require custom quote). MX-3000c DiagnostX Master Unit,two protocols. Collects $50,000.00 $45,340.05 data from NX-200 Remote Receivers at antenna sites into one consolidated database and GUI (large systems will require custom quote). NX-200 DiagnostX Remote Receiver,one protocol/one $38,900.00 $35,274.56 band. Requires a DX-2002 or MX-3000 to pair with. Must match protocol and frequency band. Includes one-year limited warranty/support on hardware and software. NX-200b DiagnostX Remote Receiver,one protocol/two $41,400.00 $37,541.56 bands. Requires a DX-2002 or MX-3000 to pair with. Must match protocol and frequency band. Includes one-year limited warranty/support on hardware and software. NX-200c DiagnostX Remote Receiver,two protocols/one $54,900.00 $49,783.38 band. Requires a DX-2002 or MX-3000 to pair with. Must match protocol and frequency band. Includes one-year limited warranty/support on hardware and software. NX-200d DiagnostX Remote Receiver,two protocols/two $57,400.00 $52,050.38 bands. Requires a DX-2002 or MX-3000 to pair with. Must match protocol and frequency band. Includes one-year limited warranty/support on hardware and software. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 19 Cooperative Purchase Page 21 of 33 NX-200e DiagnostX Remote Receiver,two protocols/ $59,900.00 $54,317.38 three bands. Requires a DX-2002 or MX-3000 to pair with. Must match protocol and frequency band. Includes one-year limited warranty/support on hardware and software. DX-AFC AFC Meter Module for DiagnostX DX series $9,800.00 $8,886.65 NX-AFC-A AFC Meter Module for DiagnostX NX series, $8,820.00 $7,997.98 (Quantity 1-3) NX-AFC-B AFC Meter Module for DiagnostX NX series, $8,330.00 $7,553.65 (Quantity 4-9) NX-AFC-C AFC Meter Module for DiagnostX NX series, $7,500.00 $6,801.01 (Quantity 10+) DX-CASE Transportable wheeled Pelican®case. $499.00 $452.49 DX-P25-UPG DiagnostX Protocol Upgrade from original $19,900.00 $18,045.34 shipped protocol to P25. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 20 Cooperative Purchase Page 22 of 33 TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT- OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12) 1. SERVICE AREAS a. The maintenance and repair service rates listed herein are applicable to any ordering activity locations within a_(**insert miles)mile radius of the Contractor's service points.If any additional charge is to apply because of the greater distance from the Contractor's service locations,the mileage rate or other distance factor shall be negotiated at the Task Order level. b. When repair services cannot be performed at the ordering activity installation site,the repair services will be performed at the Contractor's plant(s)listed below: Contact: Phone Number: 321-727-3077 Email: support@locususa.com Ship to Address: Locus Diagnostics,LLC 1055 S.John Rodes Blvd. West Melbourne,FL 32904 Customers must obtain a Return Memo Authorization(RMA)number,properly pack,insure prepay the shipping charges and ship the defective equipment or part to our factory:Locus will repair or replace(at our option)the defective equipment or part and pay for its return to you,provided the repair or replacement is due to a cause covered by this warranty. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 21 Cooperative Purchase Page 23 of 33 2. MAINTENANCE ORDER a. Agencies may use written orders,EDI orders,credit card orders,or BPAs,for ordering maintenance under this contract.The Contractor shall confirm orders within fifteen(15)calendar days from the date of receipt,except that confirmation of orders shall be considered automatic for renewals for maintenance(Special Item Number 132-12).Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days.If the order is not confirmed by the Contractor as prescribed by this paragraph,the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time,for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order.Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment.Orders for maintenance service shall not extend beyond the end of the contract period. C. Maintenance may be discontinued by the ordering activity on thirty(30) calendar days written notice,or shorter notice when agreed to by the Contractor;such notice to become effective thirty(30)calendar days from the date on the notification. However,the ordering activity may extend the original discontinuance date upon written notice to the Contractor,provided that such notice is furnished at least ten(10)calendar days prior to the original discontinuance date. d. Annual Funding.When annually appropriated funds.are cited on a maintenance order,the period of maintenance shall automatically expire on September 30th of the contract period,or at the end of the contract period,whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required,if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding within Contract Period.Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month,fiscal year period,the 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. f. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of maintenance service,if maintenance is to be Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 22 Cooperative,Purchase Page 24 of 33 terminated at that time.Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders,EDI orders,credit card orders,blanket purchase agreements(BPAs),or small order procedures for ordering repair service and/or repair parts/spare parts under this contract.Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered,only one chargeable repairman shall be dispatched to perform repair service,unless the ordering activity agrees,in advance,that additional repair personnel are required to effect repairs. 4. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs,the Contractor shall be responsible for any damage or loss,from the time the equipment is removed from the ordering activity installation,until the equipment is returned to such installation. S. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein,as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor,without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor,if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility,the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity,in accordance with the provisions of Special Item Number 132-12(or outside the scope of this contract). Locus Diagnostics,LLC-Rev.Date:06182019(RSS) GS-35F-268BA Page 23 Cooperative Purchase Page 25 of 33 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations,the ordering activity shall permit access to the equipment which is to be maintained or repaired. C. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty,the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required.Within the service areas,this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced,unless otherwise agreed to in advance between the Agency and the Contractor. 8. MAINTENANCE RATE PROVISIONS a. The Contractor shall bear all costs of maintenance,including labor,parts,and such other expenses as are necessary to keep the equipment in good operating condition,provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine(9) hour principal period of maintenance,Monday through Friday,exclusive of holidays observed at the ordering activity location. C. AFTER HOURS Should the ordering activity require that maintenance be performed outside of Regular Hours,charges for such maintenance,if any,will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. Locus Diagnostics,LLC-Rev.Date:06182019(1155) GS-35F-268BA Page 24 Cooperative Purchase Page 26 of 33 d. TRAVEL AND TRANSPORTATION If any charge is to apply,over and above the regular maintenance rates,because of the distance between the ordering activity location and the Contractor's service area,the charge will be negotiated at the Task Order level. Not applicable;Locus will be able to discuss on a case by case basis at the order level. **If there is no additional charge,indicate"none"in the space provided above.** e. QUANTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range Discounts Units % Units % Units % 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES.Charges for repair service will include the labor charge,computed at the rates set forth below,for the time during which repairmen are actually engaged in work,and,when applicable,the charge for travel or transportation. b. MULTIPLE MACHINES.When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other,the charges will be computed from the time the repairman commences work on the first machine,until the work is completed on the last machine.The time required to go from one machine to another,or from one building to another,will be considered actual work performance,and chargeable to the ordering activity,provided the time consumed in going between machines(or buildings)is reasonable. C. TRAVEL OR TRANSPORTATION (1) AT THE CONTRACTOR'S SHOP i When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision,the cost of transportation,packing, etc.,from the ordering activity location to the Contractor's plant, and return to the ordering activity location,shall be borne by the ordering activity. Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 25 Cooperative Purchase Page 27 of 33 ii The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and inst uction, (2) AT THE ORDERING ACTIVITY LOCATION(Within Established Service Areas) When equipment is repaired at the ordering activity location,and repair service rates are established for service areas or zones,the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge,time,or expense will be allowed for travel or transportation of repairmen or machines to o-from the ordering activity office;such overhead is included in the repair service rates listed. (3) ATTHE ORDERING ACTIVITY LOCATION(Out;,ide Established Service Areas) i If repairs are to be made at the ordering activity location,and the location is outside the service area as ;hown in paragraph 1.a,the repair service and mileage rates negotiated per subparagraphs l.a and 8.d will apply. ii When the overall travel charge competed at the above mileage rate is unreasonable(considering the lime required for travel, actual and necessary transportation costs,and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the of dering activity location),the ordering activity shall have the option of reimbursing the Contractor for actual costs,provided that the actual costs are reasonable and allowable.The Contra ctor shall furnish the ordering activity with a report of travel performed and related expenses incurred.The report shall include departure and arrival dates,times,and the applicable mode of travel. d. LABOR RATES (1) REGULAR HOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m.to 5:00 p.m.,Monday through Friday,exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours,but performed outside the Regular Hours defined above, at the convenience of the Contractor. Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 26 Cooperative Purchase Page 28 of 33 (2) AFTER HOURS When the ordering activity requires that repair service be performed outside the Regular Hours defined above,except Sundays and Holidays observed at the ordering activity location,the After Hours repair service rates listed herein shall apply.The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours,but performed After Hours at the convenience of the Contractor. (3) SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location,the Sundays and Holidays repair service rates listed herein shall apply.When repair service is requested to be performed during Regular Hours and/or After Hours,but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location,the Regular Hours and/or After Hours repair service rates,as applicable,shall apply. REPAIR SERVICE RATES AND REGULAR AFTERSUNDAYS MINIMUM HOURSHOURS HOLIDAYS Not applicable; Locus will be able to discuss on a case by case basis at the order level, LOCATION CHARGE* PER HOUR** PER HOUR** PER HOUR CONTRACTOR'S SHOP ORDERING ACTIVITY LOCATION(WITHIN ESTABLISHED SERVICE AREAS) ORDERING ACTIVITY LOCATION (OUTSIDE ESTABLISHED SERVICE AREAS) *MINIMUM CHARGES INCLUDE FULL HOURS ON THE JOB. **FRACTIONAL HOURS,AT THE END OFTHE JOB,WILL BE PRORATED TO THE NEAREST QUARTER HOUR. 10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS All parts,furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist,shall be new,standard parts manufactured by the equipment manufacturer.All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated at a discount of_%from such listed prices. LOCUS Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 27 Cooperative Purchase Page 29 of 33 Not anaiicable: Locus will be able to discuss on a cas_E by case basis at the order level. 11. GUARANTEE/WARRANTY-REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS a. REPAIR SERVICE All repair work will be guaranteed/warranted for a period of "insert commercial warranty". b. REPAIR PARTS/SPARE PARTS All parts,furnished either as spares or repairs parts will be guaranteed/warranted for a period 1 Year •*insert commercial warranty". 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be sub ritted 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 E E SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work.Payment under blanket purchase agreements will be made quarterly or monthly,exce)t where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract.The cost of repair parts shall be shown as a separate item on the invoice,and shal I be priced in accordance with paragraph#10,above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 28 Cooperative Purchase Page 30 of33 DiagnostX GSA Schedule#GS-35F-268BA Special Item Number 132-12 Part Number Description List Price GSA Price DX-3Y/P25UPG DiagnostX Extended Warranty/Protocol $14,700.00 $13,329.97 Upgrade Bundle: adds three-year Extended Warranty to a legacy protocol unit and includes P25 upgrade when needed during the coverage period. Must be purchased prior to the expiration of the Manufacturer's Warranty period. DX-EXWTY DiagnostX Extended Warranty covers any $4,900.00 $4,443.32 hardware,software or firmware defects that arise during the warranty period. Additionally,the Extended Warranty entitles the customer to software updates released during the warranty term. MX-EXWTY The MX-3000 Server annual Extended $4,900.00 $4,443.32 Warranty covers any hardware,software or firmware defects that arise after the expiration of the one-year manufacturer warranty. The Extended Warranty also entitles the customer to software updates released during the warranty term. NX-EXWTY NX Remote Receiver Extended Warranty $2,900.00 $2,629.70 covers any hardware or software defects that arise during the warranty period. Locus Diagnostics,LLC-Rev.Date:06182019(R55) GS-35F-268BA Page 29 Cooperative Purchase Page 31 of 33 Schedule B Statement of Work L1=lCJ� •!-=W=icsf' cnI —rX Quote#: MX061119RR2 Locus Diagnostics,LLC 1055 South John Rodes Blvd Quotation Date: 6/11/2019 West Melbourne,FL 32904 Sales Contact: Ray Richards Phone:321-727-3077 Phone: 321-727-3077 x109 Fax: 321-727-3067 Email: www.locususa.com Name: Chris Dusseau Phone: 817-392.6045 Company Name: Fort Worth Mobile: Address: 151511`a Ave. Email: ch,d„s:es,rara,1—, Fort Worth,Tx.76102 MX-3000 DiagnostX Network Server Over-the-Air Waveform 1 $45,000.00 $40,906.05 $40,806.05 Analyzer.Collects data from multiple NX-200 Remoter Receivers at antenna sites into one consolidated database and GUI.includes P25 Trunked Protocol,one year limited warranty/support on hardware&software SHIPPING Handling&Freight charges 1 $170.00 $170.00 $170.00 Nx-200 DlagnostX Remote Receiver.One Protocol/One Band. 2 $38.900.00 $35,274.56 $70,549.12 Requires a DX-2W2 or MX-3000 to pair with. Must match protocol and frequency band.Includes one year limited warranty/support on hardware and software. MX-EXWTY The annual Extended Warranty covers any hardware, 1 $4,900.00 $4,443.32 $0.00 software or firmware defects that arise after the expiration of the one year manufacturer warranty.The Extended Werra my also entitles the customer to software updates released duringthe wamantyterrn. One Year Extended Warranty at$0.000ontingent on the return ofthe DX-10ODc units. NX-EXWTY NX Remote Receiver Extended Warranty covers any 2 $2,900.00 $2,629.70 $0.00 hardware or software defects that arise during the annual warranty period. One Year Extended Warranty at$0.00 Contingent on the return of the DX-1000c units. SHIPPING Handling&Freight chargesNX 2 $125.00 $125.00 $250.00 Systemto be licensed to the City of Fort Worth,TX ••'Pridng from Locus Diagnostics GSA Schedule GS-35F-268BA••• s a• a Terms and Conditions: 1)The DbgnostX wlution is sokl as a perpetual license for the life ofthe hardware subject to the Tema 8,Conditions of the EUUt 2)Pricing wild for 60 days from above quotation date 3)Unit will ship witbin 45 days of purchase order receipt 4)Paynnent terms:Net 30,Payable to Loans Diagnostic,UL Thonfr 1W Jur 9aa•boson—! LOCLISDIAGNOSTICS,LLC ' 1093 SOUTH JOHN BODES BLVD 'WE5rMEt90trHNE'FL' 32904 (32tY727-3077 ' WWW.LOCUSLISACOM Cooperative Purchase Page 32 of 33 Schedule C GSA Federal Acquisition Service Contract No. GSA-35F-268BA Intentionally Left Blank- See Schedule A Cooperative Purchase Page 33 of 33 9/16/2019 City of Fort Worth-File#:M&C 19-0014 Sign In Home Legislation Calendar City Council Departments iDI���O Share �0 RSS_I l4 Alegi 1 Details Reports File#: M&C 19-0014 Version: 1 Name: Type: Purchase of Equipment,Materials,and Status: Passed Services Consent File created: 7/30/2019 In control: CITY COUNCIL On agenda: 8/13/2019 Final action: 8/13/2019 Authorize the One-Time Purchase of an Upgrade to an Existing Radio Monitoring System Using General Services Title: Administration Cooperative Contract Schedule No.GS-35F-268BA with Locus Diagnostics,LLC in the Amount of$140,883.33 for the Information Technology Solutions Department(ALL COUNCIL DISTRICTS) Attachments: 1.M&C 19-0014.2.GS-35F-268BA Contractor Information.pdf History(1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 8/13/2019 1 CITY COUNCIL approved Action details Meeting_dgtpjls Not available hftps:/Ifortworthgov.legistar.com/LegislationDetaii.aspx?ID=4074644&GUID=OC6DIA6A-F947-42E3-BF86-7430CABD2CE3&Options=&Search= 1/1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA rORT�TI1 DATE: 8/13/2019 REFERENCE **M&C 19- LOG NAME: 13PRADIO MONITORING NO.: 0014 SYSTEM UPGRADE AD ITS CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the One-Time Purchase of an Upgrade to an Existing Radio Monitoring System Using General Services Administration Cooperative Contract Schedule No. GS-35F- 268BA with Locus Diagnostics, LLC in the Amount of$140,883.33 for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a one-time purchase of an upgrade to an existing radio monitoring system using General Services Administration cooperative agreement GS-35F- 268BA in the amount of$140,833.33 for the Information Technology Solutions Department. DISCUSSION: The City of Fort Worth (City) provides and maintains a public safety radio communications system for the City Departments and many external agencies. To ensure the radios used by first responders are functioning properly, the City utilizes a monitoring system to detect when a radio exhibits failure symptoms or is operating outside acceptable specifications. The system enables technical support staff to notify users that their assigned radios are showing signs of failure. The user then provides the radio to IT Solutions Radio Services Division for repair. The objective is to repair malfunctioning radios before they significantly impact operations. The system, manufactured by Locus Diagnostics, LLC (Locus), was acquired by the City in 2011. The current version of the system is no longer supported. Staff recommends upgrading the system using Locus' General Services Administration cooperative agreement schedule No. GS-35F-268BA for the amount of$140,833.33. The cost includes upgraded hardware and software with a five (5) year warranty period. COOPERATIVE PURCHASE: The US General Services Administration is authorized to offer the Cooperative Purchasing Program to state agencies, public institutions of higher learning, public school districts, and local governments. Pursuant to state law, a local government that purchases goods or services under the Interlocal Cooperative Act satisfies otherwise applicable competitive bidding requirements. PRICE ANALYSIS: Staff has reviewed the pricing and found it to be fair and reasonable. MWBE: A MWBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. ADMINISTRATIVE INCREASE: An administrative change order or increase may be made by the City Manager in the amount up to $100,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM The initial term of the this Agreement shall commence upon City Council's approval and expire in accordance with the cooperative agreement. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current capital budget, as appropriated, of the Capital Projects Fund. Prior to an expenditure being made, the Information Technology Solutions Department has the responsibility to validate the availability of funds. BQN\\ TOF. Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) '� FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I Year (CharMeld 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kevin Gunn (2015) Additional Information Contact: Cynthia Garcia (8525) Anabelle Duna (7648) ATTACHMENTS GS-35F-268BA Contractor Information.odf