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AMENDMENT NUMBER 1 TO CONTRACT FOR by tracy13

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									                               AMENDMENT NUMBER 1 TO CONTRACT FOR

                                          MASTER IT SERVICES ITQ

                                                  BETWEEN

                                  COMMONWEALTH OF PENNSYLVANIA
                                GOVERNOR’S OFFICE OF ADMINISTRATION

                                                      AND

                                             <COMPANY NAME>

                                         CONTRACT NO. ME 2081366

THIS IS AN AMENDMENT TO CONTRACT NUMBER ME 2081366, hereinafter called the
AMENDMENT, made at Harrisburg, PA, in the County of Dauphin, COMMONWEALTH OF
PENNSYLVANIA, by and between the COMMONWEALTH OF PENNSYLVANIA, GOVERNOR’S
OFFICE OF ADMINISTRATION, with offices at Harrisburg, Pennsylvania, hereinafter called the
COMMONWEALTH and, <COMPANY NAME>, hereafter called the CONTRACTOR, acting through its
proper officials;

WITNESSETH THAT:

      WHEREAS, the COMMONWEALTH has entered into an Agreement, Contract Number ME
2081366, with the CONTRACTOR to provide Information Technology Services; and

      WHEREAS, the COMMONWEALTH and the CONTRACTOR desire to amend Contract Number
ME 2081366.

           NOW, THEREFORE, the Parties hereto agree to amend Contract Number ME 2081366 as
follows:

1. Effective immediately upon the execution of the AMENDMENT, the following paragraph in Section
   54. SERB CONSIDERATION is modified to read:

           ” For ITQ services over $100,000, agencies must solicit a response from a pre-qualified SERB
           ITQ vendor. Any qualified vendor that claims SERB status can be found via the ITQ-MS web site
           at www.itq.state.pa.us.

           Socially/Economically Restricted Businesses (SERBs) are small businesses whose economic
           growth and development have been restricted based on social and economic bias. Such small
           businesses are BCABD-certified, minority- and women-owned businesses and businesses whose
           development has been impeded because their primary or headquarters facilities are physically
           located in areas designated by the Commonwealth as being Designated Enterprise Zones. A
           small business will not be considered socially/economically restricted if it has gross annual
           revenues exceeding $18,000,000, is dominant in its field of operation, or employs more than 50
           persons.

           A company and its affiliates have achieved success and are graduated from this state-sponsored
           program when its gross revenue exceeds $18,000,000 annually. Any other small business in
           which an owner(s) of the graduated firm has a financial interest or control over either directly or
           through family members will not qualify for SERB status. Control is defined as the power, whether
           or not exercised, to direct or cause the direction of the management and policies of a firm,
           whether through the ownership of voting shares, by contract or otherwise, or through the making
           of the day-to-day as well as major decisions, in matters of policy, management and operations. A


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determination of control shall include, but shall not be limited to, the following factors: capital
investment and all other financial, property, acquisition, contract negotiation, and legal matters;
officer-director-employee selection and comprehensive hiring, operating responsibility, cost-
control matters, and income and dividend matters; financial transactions; and rights of other
shareholders or joint partners.

SERB CONSIDERATION

For ITQ services over $100,000.00, agencies must solicit a response from a pre-qualified SERB
ITQ vendor. A qualified vendor that claims SERB status can be found via the ITQ-MS website at
www.itq.state.pa.us <http://www.itq.state.pa.us>. All ITQ Prime CONTRACTORS are encouraged
to utilize SERB subcontractors as part of their response to the agency work statement. All SERBs
must meet the criteria in the SERB Best Value clause. If an agency mandates that an ITQ vendor
must utilize a SERB as part of their response to the agency statement of work, the agency must
develop the corresponding scoring before issuing their written solicitation. The
COMMONWEALTH reserves the right to accept or reject any use of SUBCONTRACTORS.

BEST VALUE SOCIALLY/ECONOMICALLY RESTRICTED BUSINESS (SERB) CLAUSE

SERBs are small businesses whose economic growth and development have been
Restricted based on social and economic bias. Such small businesses are BCABD
certified, minority- and women-owned businesses and businesses whose development
has been impeded because their primary or headquarters facilities are physically located
in areas designated by the Commonwealth as being Designated Enterprise Zones. A
small business will not be considered socially/economically restricted if it has gross
annual revenues exceeding $18,000,000, is dominant in its field of operation, or employs
more than 50 persons.

A company and its affiliates have achieved success and are graduated from this state-
sponsored program when its gross revenue exceeds $18,000,000 annually. Any other
small business in which an owner(s) of the graduated firm has a financial interest or
control over either directly or through family members will not qualify for SERB status.
Control is defined as the power, whether or not exercised, to direct or cause the direction
of the management and policies of a firm, whether through the ownership of voting
shares, by contract or otherwise, or through the making of the day-to-day as well as
major decisions, in matters of policy, management and operations. A determination of
control shall include, but shall not be limited to, the following factors: capital investment
and all other financial, property, acquisition, contract negotiation, and legal matters;
officer-director-employee selection and comprehensive hiring, operating responsibility,
cost-control matters, and income and dividend matters; financial transactions; and rights
of other shareholders or joint partners.

To receive credit for being a SERB, or subcontracting to a SERB (including purchasing
supplies and/or services through a purchase agreement), a company must include proof
of SERB qualification.

       SERBs qualifying as a result of MBE/WBE certification from BCABD must provide their
        BCABD certification number or a photocopy of their BCABD certificate.

       SERBs qualifying as a result of having their headquarters located in a designated
        enterprise zone must provide proof of this status, including proof of the location of their
        headquarters (such as a lease or deed) and confirmation of the enterprise zone in which
        they are located (obtained from their local enterprise zone office). More information on
        the locations of enterprise zones can be obtained by calling the Strategic Planning and
        Program Operations Office of the Pennsylvania Department of Community and Economic



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               Development (DCED), (717) 787-7402. DCED can also be reached by FAX at (717) 234-
               4560 or on the internet at dmessner@doc.state.pa.us.

              All companies claiming SERB status, whether as a result of BCABD certification or the
               location of their headquarters in an enterprise zone, must verify that their gross annual
               revenues are less that $18,000,000. This can be accomplished by including a recent tax
               return or audited financial statement.

       In addition to these verifications, the SERB portion of the response should include the following
       information:

              The name and telephone number of your project (contact) person for SERB(s).
              The company name, address and telephone number of the prime contact person for each
               specific SERB business included in the response. You must specify the SERB
               business(es) to which you are committing. You will not receive credit by stating you will
               find a SERB after the contract is awarded or by listing several companies and stating you
               will select one later.
              The specific work, goods, or services the SERB(s) will perform or provide.
              The location where the SERB(s) will perform these services.
              The timeframe for the SERB(s) to provide or deliver the goods or services.
              The form and amount of compensation each SERB will receive.

           The following options will be considered as part of the Best Value analysis.

           Priority Rank 1.     Proposals submitted by SERBs.

           Priority Rank 2.     Proposals submitted with subcontracting commitments to SERBs.

       Each response will be rated for its approach to enhancing the utilization of SERBs. Each
       approach will be evaluated with option number one receiving the greatest value.

       All contracts containing SERB participation must also include a provision requiring the contractor
       to meet and maintain those commitments throughout the term of the contract unless a change is
       approved by the contracting agency upon recommendation by the BCABD. All contracts
       containing SERB participation must include a provision requiring SERB subcontractors and
       SERBs to incur at least 50 percent of the cost of the subcontract, not including materials.

       If a contract is assigned to another contractor, the new contractor must maintain
       the SERB participation of the original contract.

       The contractor shall complete the Prime Contractor’s Quarterly Utilization Report (or similar type
       document containing the same information) and submit it to the contracting officer of the agency
       that awarded the contract and the Bureau of Contract Administration and Business Development
       within 10 workdays at the end of each quarter the contract is in force. If there was no activity, the
       form must also be completed, stating “No activity in this quarter.” This information will be used to
       determine the actual dollar amount paid to SERB subcontractors. Also, it is a record of fulfillment
       of the commitment your firm made and for which it received SERB scoring.

       The COMMONWEALTH reserves the right to accept or reject any use of SERB
       SUBCONTRACTORS.”


2. All terms and conditions of the original Agreement, Contract ME 2081366 not specifically changed by
   this AMENDMENT remain in full force and effect.




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