05 - NMRC JA - DRD Tech Refresh pdf.pdf

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity.

This justification is executed by the Naval Medical Research Center (NMRC), Silver Spring, MD, on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.

2. Nature and/or description of the action.

The proposed action is for a computer system technical update and log manager & use tracking update for the Disorientation Research Device (Model #102985) located at Naval Medical Research Unit Dayton. The Government intends on awarding a Firm Fixed Price contract to provide the updates listed above to include parts, labor, equipment and tools (see ETC proposal for details). The proposed source is Environmental Tectonics Corporation, 125 James Way, Southampton, PA, 18966-3877.

3. Description of Supplies or Services:

NAMRU Dayton has critical need for computer system technical and log manager & use tracking updates to maintain and improve DRD operability and functionality. This upgrade shall include onsite installation, integration and testing in accordance with the systems technical documentation package, system drawings, vendor literature and maintenance documentation.

The computer hardware for the technical update of the GL-6000 system PCs include: 1. Motion computer, 2. Safety Computer, 3. GUI Computer, 4. Maintenance Computer. The service will include: 1. Assembly, configuration, burn-in testing of these PCs, 2. Testing to ensure software runs properly on the new hardware and operating systems, 3. Delivery, installation and assistance with system testing post installation, and 4) Back-up of software. The system software to be installed will include: 1) Motion computer – MC application, Interbus license and drivers, CANbus drivers and Profinet drivers, 2) Safety computer – SC application, Interbus license and trivers, and CANbus drivers, 3) GUI computer – GUI application, remote system controller, 4) Maintenance computer – Maintenance application, log manager, MS SQL database content and license (to support Log Manager). The following hardware will be removed from the existing PCs and re-used in the new PCs: Interbus cards (along with associated software licenses), CANbus cards (along with associated software licenses), and Profinet card. The following 3rd-party applications will be installed: Filezilla FTP, Notepad++, Putty, TeamViewer Host, BitDefender, Meinberg NTP, Siemens Starter, Parker DSE890, and Baumuller ProDrive. All logs on the maintenance computer will be copied to the new maintenance computer. All PCs will be fiven the correct network, network time synchronization, system software, and “auto-start” configuration. After compatibility testing is complete, modifications will be made as required and updated source code will be provided. On-site, PCs will be replaced and system will be powered on to ensure the system PCs communicate properly and that the interface between each PC and the GL-6000 I/O systems is functioning properly. After installation of PCs is completed and communication checks have been verified, NAMRU-Dayton will perform limited motion testing with vendor in attendance to ensure all six axes of motion operate properly and that I/O networks properly communicate with the new MC and SC hardware. Startup and shutdown processes will be tested and verified to ensure the system continues to operate according to the currently documented processes. The vendor will construct back-ups of the files of each computer on customer provided hard drive(s). Two spare motherboards that are compatible with QNX 6.5 will be provided for each of the MC and SC. A Log Manager and Usage Tracking modification will be incorporated into the DRD and the GL-6000 Log Manager tool will be upgraded to be able to report more detailed usage and fault information in order to facilitate failure trend analysis. The Usage Report shall include the following information: Power on time, motion enabled time, enabled time for each drive, Time above 1.5 G, Time above 2.0 G, Time for Planetary above 30 deg/s, Time for Planetary above 70 deg/s, Time for Planetary above 100 deg/s, Distance traveled by heave axis, Distance traveled by horizontal axis, Distance traveled by planetary axis, Number of manned runs, and Manned run time. Additionally, an interlog statistics feature shall be added to the Log Manager to record the occurrence of all interlocks along with time, system state information, motion on/off status, manned/unmanned, and the action that resulted from the interlock. The Interlock Statistics feature shall support querries to filter based on date range, motion on/off status, etc. Usage Reports and Interlock Statistics Reports shall be exportable into a .cvs file. Additional modifications to be included are: 1) Modify door lock button light logic to make it more apparent whether the button is in the lock or unlock position,

2) Add I/O logic to allow a digital input in the control room to control a digital output in the capsule, 3) Modify stop logic for heave and horizontal exes to use the maximum acceleration to achieve zero velocity, then use the acceleration specified for the particular stop to return to stop position, 4) Add 200 ms delay for SC interlocks in order to avoid nuisance trips. Updates to the Operation and Maintenance manual for the Log Manager and Usage Tracking will be provided.

Navy Operation and Maintenance Fiscal Year 2023 funds in the amount of $159,836.00 will be used to procure these services.

4. Identification of the statutory exceptions permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C. 2304(c)(1) and FAR 6.302-1 sole source (including brand name) acquisitions OR FAR 13.106-1(b)(1) soliciting from a single source.

10 U.S.C. 3204(a)(1), Only one responsible source.

10 U.S.C. 2304(c)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services.

Be sure to include the FAR cite as well. See attached FAR explanation sheet for J&A references FAR Part 13 FAR 13.106-1(b)(1) <$250K

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Disorientation Research Device was developed and built by Environmental Tectonics Corporation for NAMRU Dayton as a one-of-a-kind device. ETC is the only manufacture of this device and the only corporation with the knowledge, expertise, and access to original code to provide the described services. If this procurement is awarded to another contractor, the risks include inordinate amount of time to learn the system and potential catastrophic failure of the system, both of which will result in excessive down-time, extended loss of this valuable research capability, and inability to execute funded research projects.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Market research was not performed because there is only one reasonable supplier of this service.

This requirement will be posted to NECO and/or FedBizOpps in accordance with FAR 5.202.

• A synopsis of the proposed procurement will be published in NECO and/ or FEDBIZOPS. The government will evaluate any responses received.

• Whether other market research was conducted.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No additional information is required.

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.

Market research was not performed because there is only one reasonable supplier of this service.

The Disorientation Research Device was developed and built by Environmental Tectonics Corporation for NAMRU Dayton as a one-of-a-kind device. ETC is the only manufacture of this device and the only corporation with the knowledge and expertise and access to original code to provide the described services. If this procurement was awarded to another contractor, the risks include excess time to learn about the system and potential catastrophic failure of the system resulting in excessive down-time.

9. Other facts supporting the use of other than full and open competition.

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

This should include previous contracts for the same supplies or services detailing the contract number, date awarded, contract awarded amount, and whether it was procured full and open or through a sole source procurement. Any duplication of costs should be addressed.

10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.

To date, no other sources have written to express an interest. Any sources expressing interest in response to the synopsis will receive consideration.

Include a list of the sources that have written to express interest in the acquisition. If applicable, clearly state “To date, no other sources have written to express an interest.” If 10 U.S.C.

2304(c)(1) is the authority cited, explain why other sources were rejected. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a FEDBIZOPPS notice will not be published, state which exception in FAR 5.202 applies.

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Future requirements will be synopsized in accordance with FAR 5.203.

For the reasons set forth in Paragraph 5, NMRC has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NMRC will assess whether competition for future requirements is feasible.

The Government (or Program Office) expects to obtain a technical data package that will support competition for future acquisitions of the same or similar items.)

12. Point of Contact.

The point of contact at the Naval Medical Research Center, Silver Spring, MD, regarding the contents of the sole source justification is, Deborah M. Sharpe, who may be reached at (301) 319-6471 or Edilberto Calma 301-319-6481.

https://www.acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://www.acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://www.acquisition.gov/far/current/html/Subpart%206_3.html#wp1086879

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

BY NAVSUP 4200.83 series

I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.

Technical Cognizance

937-938-3921

Richard Folga Phone Date Aerospace Medical Research Device Technical Coordinator Naval Aerospace Medical Research Laboratory Naval Medical Research Unit Dayton

Requirements Cognizance

Richard D. Arnold, Ph.D. Phone Date Director, Naval Aerospace Medical Research Laboratory Naval Medical Research Unit Dayton

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge.

Deborah M. Sharpe Phone Date Contracting Officer

Edilberto P. Calma Phone Date Contracting Officer

Technical Cognizance

UPGRADE PROPOSAL

DATE:

July 07, 2023

PROPOSAL#

1-65-23-E-91

PRESENTED TO:

Engineering and Technical Support Services Department Naval Medical Research Unit Dayton, Ohio Attn: Mr. Rich Folga

PRESENTED BY:

The ILS Business Unit of Environmental Tectonics Corporation 125 James Way Southampton, PA 18966-3877 USA Phone: 215-355-9100 Fax: 215-357-4000 Internet: http://www.etcusa.com

NOTICE OF CONFIDENTIAL DATA

This data shall not be disclosed outside the customer’s organization and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal. Provided that if an order is awarded to ETC as a result of or in connection with the submission of these data, the customer shall have the right to duplicate, use, or disclose the data to the extent provided in the order. This restriction does not limit the customer’s right to use information contained in the data if it is obtained from another source without restriction.

Copyright© 2023 Environmental Tectonics Corporation.

Provision of this equipment is subject to U.S. export licensing regulations

The information contained in this document has been limited to comply with U.S. Government ITAR regulations

An ISO 9000 Certified Company http://www.etcusa.com/

Proposal No. 1-65-23-E-91

Use or disclosure of this data is subject to the restrictions on the title page of this proposal.

TABLE OF CONTENTS

1.0 INTRODUCTION

2.0 EXPERIENCE

3.0 SCOPE OF WORK

3.1 Computer Hardware Technical Update

3.2 Log Manager and Usage Tracking Modification

4.0 CUSTOMER RESPONSIBILITIES

5.0 COMMERCIAL QUOTATION

5.1 Pricing

6.0 TERMS AND CONDITIONS

1.0 INTRODUCTION

This unsolicited proposal is being provided at the request of Mr. Rich Folga, CAsP, FAsMA, Head, Engineering and Technical Support Services Department Disorientation Research Device Program Manager Naval Medical Research Unit Dayton, Ohio.

This proposal includes the following updates for the Disorientation Research Device (Model # 102985) located at Naval Medical Research Unit, WPAFB Ohio, and includes a limited warranty as set forth in the attached terms and conditions:

• Computer System Technical Update.

• Log Manager & Use Tracking Update.

Initial development and testing will be completed at ETC corporate headquarters in Southampton, PA. Installation and final testing will be done onsite (Naval Medical Research Unit, WPAFB Ohio) at a mutually agreeable time.

2.0 EXPERIENCE

Environmental Tectonics Corporation is the world’s foremost producer of quality physiological training equipment, with over 50 years’ experience in this field. ETC is an ISO 9001 certified company, with a commitment to providing the highest quality service.

3.0 SCOPE OF WORK

ETC will provide the parts, labor, equipment and tools required for the above listed updates.

Services performed by ETC will be performed by factory-trained personnel with support from ETC factory personnel, ETC Regional Logistics Technical Support Centers, and sub-contractors (as needed).

Onsite installation, integration and testing will be performed in accordance with ETC’s general practices, the systems technical documentation package, system drawings, vendor literature and maintenance documentation, as provided by ETC. While onsite, ETC personnel will adhere to local and base regulations.

All onsite work shall be coordinated between the customer and ETC and shall occur during the hours of 0700-1630 Monday through Friday unless otherwise agreed. Travel time to and from the site and daily expenses for the ETC employee(s) is included in the below price.

This service excludes the supply of any special tools, test equipment, spare parts, or consumables unless otherwise stipulated within this proposal.

3.1 Computer Hardware Technical Update

The following list outlines the proposed scope of work:

1. Identification of computer hardware for a technical update of the following GL-6000 system PCs:

a. Motion Computer

b. Safety Computer

c. GUI Computer

d. Maintenance Computer

2. Assembly, configuration, burn-in testing of these PCs

3. Efforts to ensure that the system software runs properly on the new hardware and operating systems

4. Delivery, installation and assistance with system testing following installation of new PCs

5. Back-up of Software

Details for each of these items are provided below.

3.1.1 Identification of New Computer Hardware

ETC will identify new hardware to replace the Motion Computer, Safety Computer, GUI Computer and Maintenance Computer. This will include two different sets of hardware, one for the Motion and Safety Computers and one for the GUI and Maintenance Computer.

The Motion Computer and Safety Computer will run QNX 6.5.0 SP 1 operating system. The GUI and Maintenance Computer will run Windows 11 operating system. Due to recent improvements in the anti-virus capability built into the Windows operating system (Windows Defender), ETC recommends using the built-in anti-virus in lieu of 3rd party anti-virus software.

ETC will pre-configure the anti-virus software to ensure that it will not interfere with system operation.

3.1.2 Assembly and Factory Testing of New PCs

ETC will build the PCs in Southampton, PA, and will perform testing to ensure the hardware is functioning properly. After confirming the hardware is operational, system software and support applications will be installed. The system software that will be installed includes:

• Motion Computer o MC application o Interbus license and drivers o CANbus drivers o Profinet drivers

• Safety Computer o SC application o Interbus license and drivers o CANbus drivers

• GUI Computer o GUI application o Remote System Controller

• Maintenance Computer o Maintenance application o Log Manager application o MS SQL database content and license (to support Log

Manager)

The following hardware will be removed from the existing PCs and re-used in the new PCs after PCs are delivered to site:

• Interbus cards (along with associated software licenses)

• CANbus cards (along with associated software licenses)

• Profinet card

The additional 3rd-party applications that will be installed include (GUI and Maintenance PCs only):

• Filezilla FTP

• Notepad++

• Putty

• TeamViewer Host

• BitDefender

• Meinberg NTP (GUI Computer only)

• Siemens Starter

• Parker DSE890

• Baumuller ProDrive

The logs that exist in the database on the Maintenance Computer will be copied to the new Maintenance Computer in order to preserve operational history of the GL-6000 system.

All PCs will be given the correct network, network time synchronization, system software and “auto-start” configuration.

3.1.3 Compatibility Testing of GL-6000 Software and New Hardware

After the PCs are assembled and configured, ETC will verify that the system software runs properly on the new hardware. Any necessary configuration or software updates to ensure proper operation will be addressed. If any software modifications (changes to source code) are required, ETC will provide updated source code.

3.1.4 Delivery and Installation of New PCs

After configuration and testing is complete, ETC will ship all PCs to NAMRU- Dayton. ETC will replace the PCs one-by-one. After each PC is replaced, ETC will power the system on to ensure the system PCs communicate properly and that the interface between each PC and the GL-6000 I/O systems is functioning properly. After some basic communication checks, the system will be powered off, and the process will continue with the next PC.

After all PCs have been replaced and the communication checks have been verified, NAMRU-Dayton will perform limited motion testing with ETC in attendance. The purpose of this test is to ensure that all six axes of motion operate properly (i.e. that the associated drives communicate properly with the MC and SC) and that the I/O networks properly communicate with the new MC and SC hardware. Additionally, startup and shutdown processes will be tested and verified to ensure that the system continues to operate according to the currently documented processes.

3.1.5 Back-up of Software Files

After the above work is completed and accepted, ETC will construct back-ups of the files of each computer on customer provided hard drive(s).

3.1.6 Spare Parts

In support of the tech update, ETC will provide four (4) spare motherboards that are compatible with QNX 6.5 (2 each for the MC and 2 each for the SC).

3.2 Log Manager and Usage Tracking Modification

For this effort, ETC will develop and incorporate a Log Manager and Usage Tracking modification into the Disorientation Research Device.

In order to facilitate failure trend analysis the GL-6000 Log Manager tool shall be upgraded to be able to report more detailed usage and fault information.

The Usage Report shall include the following information:

• Power on time

• Motion enabled time

• Enabled time for each drive

• Time above 1.5 G

• Time above 2.0 G

• Time for Planetary above 30 deg/s

• Time for Planetary above 70 deg/s

• Time for Planetary above 100 deg/s

• Distance traveled by heave axis

• Distance traveled by horizontal axis

• Distance traveled by planetary axis

• Number of Manned Runs

• Manned run time

Additionally, an Interlock Statistics feature shall be added to the Log Manager.

This feature shall record the occurrence of all interlocks along with time, system state information, motion on/off status, manned/unmanned, and the action that resulted from the interlock (i.e. Prevent Start, E-Stop, etc.). The interface will be similar to the existing Operation Log feature of Log Manager.

The Interlock Statistics feature shall support queries to filter based on date range, motion on/off status, etc.

For each quantity in a Usage Report or an Interlock Statistics Report, a cumulative total shall be included for all time (since this feature was added to the system), as well as each reporting period.

Usage Reports and Interlock Statistics Reports shall be exportable into a .csv file.

Additionally, this effort will include the following modifications:

• Modify Door Lock Button light logic to make it more apparent whether the button is in the lock or unlock position.

• Add I/O logic to allow a digital input in the control room to control a digital output in the capsule.

• Modify stop logic for heave and horizontal axes to use the maximum acceleration to achieve zero velocity, then use the acceleration specified for the particular stop to return to the stop position.

• Add 200 ms delay for SC interlocks “MC did not respond to …” in order to avoid nuisance trips.

Updates to the Operation & Maintenance manual for the Log Manager and Usage Tracking will be provided.

4.0 CUSTOMER RESPONSIBILITIES

The customer is responsible for assisting ETC personnel in securing access to the facility as required. The customer is also responsible for providing suitable and secure work space (including internet access), basic utilities (lighting, power, heating/cooling) and basic facilities (parking, lavatory usage and custodial services).

The customer is also responsible for providing assistance with the delivery and shipping of items to and from the site required for support of the update work and proper disposal of removed items.

Additionally, a representative of the customer will be responsible for assisting with testing and acknowledging work performed.

5.0 COMMERCIAL QUOTATION

5.1 Pricing

All prices quoted are FOB destination, Naval Medical Research Unit, Bldg.

851 WPAFB, OH 45433and are listed in United States Dollars (USD).

Computer Tech Update per (3.1) ..................................................... $79,630.00 Log Manager and Usage Tracking Mod per (3.2) ............................ $80,206.00

Total Price (Both Items) ................................................................. $159,836.00

6.0 TERMS AND CONDITIONS

The attached TERMS AND CONDITIONS OF SALE AND LIMITED WARRANTY form a part of this quotation. In addition, the following special terms and conditions apply.

a) Validity: This quotation remains firm for a period of 90 days from submittal.

b) Payment Terms:

Net 30 upon completion of install, testing & acceptance for each of the items listed above in 5.1.

c) Delivery Period:

The consultation visit will be scheduled between the customer and ETC.

The delivery of the computer hardware is approximately twelve (12) weeks ARO. Onsite integration & testing will scheduled between the customer and ETC and is expected to take 1 – 2 weeks.

The delivery of the log manager and usage tracking mod will occur in conjunction with the computer hardware update.

d) Duties & Taxes: Customer is responsible for all in-country customs formalities, and duties. All taxes outside of USA are for customer account.

e) Shipping: Prepay & add, FCA Free Carrier (Inco terms 2010), determined by

ETC.

ENVIRONMENTAL TECTONICS CORPORATION

TERMS AND CONDITIONS OF SALE

WITH LIMITED WARRANTY

Unless otherwise stated on the face of this quotation, the following terms and conditions apply to this Proposal from Environmental Tectonics Corporation (hereinafter called ETC).

1. PRICES. Prices quoted by ETC are subject to change without notice after thirty (30) days from the date of quotation. All prices are subject to adjustment on account of specifications, quantities, shipment arrangements, or other terms and conditions which are not a part of the original price quotation.

2. TAXES OR DUTY. Prices are exclusive of all customs duty, excise, sales, use and other applicable taxes imposed by any federal, state or municipal United States (or other) government in connection with the production, processing, sale, use, shipment or delivery of products by ETC, and all such taxes shall be added to the price and paid by the Purchaser. The Purchaser shall be responsible for obtaining and providing to ETC any certificate of exception or similar document required to exempt a sale from sales, use or similar tax liability.

3. DELIVERY.

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f. Any order which requires multiple delivery dates shall specify the delivery schedule on the face of the order.

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5. PAYMENTS. All sales are subject to the approval of ETC's credit department. Terms are cash upon delivery, except where satisfactory open account credit is established, in which case terms are payment net thirty (30) days from the date of the invoice. ETC reserves the right at any time to revoke any credit extended to the Purchaser for any risk deemed sufficient by ETC. Overdue payments are subject to interest penalty of the delinquent amount at the rate of 1-1/2% per month. ETC will issue invoices on delivery in the case of all products, and if deliveries are authorized in installments, each shipment shall be invoiced and paid for when due without regard to the other scheduled deliveries.

6. PATENT INFRINGEMENT. Seller warrants that the use or sale of the product delivered hereunder will not infringe the claims at any United States patent covering the product itself, but does not warrant against infringement by reason of the use thereof in combination with other products or in the operation of any process. ETC guarantees that the equipment furnished under this order, as delivered, will not infringe on any U.S. or foreign letters patent, copyright, or trademark; however, ETC will indemnify others for legal costs and amount of judgment only if such claims of infringement are proven, and judgment rendered, in a court of competent jurisdiction.

7. LIMITED WARRANTY. All ETC supplied products and purchased components are warranted against defects in workmanship under normal use and operation for ninety (90) days from the date of delivery, or to the extent of the original manufacturer's warranty, should it exceed the forementioned ninety (90) day period. This limited warranty does not extend to any aspect of the GL-6000 or its subsequent operation by the Government or by any third party. ETC's sole liability, and the Purchaser's sole remedy, under this limited warranty is limited to repairing or replacing the product or component supplied by ETC under this Proposal, by an authorized representative of ETC. The foregoing, however, shall not extend the warranty period. ETC’s liability under this limited warranty shall not exceed the replacement cost of the products and components supplied by ETC.

THE FOREGOING LIMITED WARRANTY AND REMEDY ARE IN LIEU OF ALL OTHER REMEDIES AND

WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY

WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Representations and warranties made by any person, including dealers and representatives of ETC, that are inconsistent with the terms of this warranty shall not be binding upon ETC unless reduced to writing and approved by ETC’s Contracts Department.

8. SUBSTITUTIONS AND MODIFICATIONS OF SPECIFICATIONS. ETC assumes the right to make substitutions and modifications in the specifications of products designed by ETC, provided that such substitutions or modifications will not materially affect the performance of the product.

9. MODIFICATION OF LABELING. For products subject to US Food and Drug Administration (USFDA) or foreign regulatory authority, Purchaser shall not: (1) make any labeling modifications to the product; or (2) engage in promotional labeling (printed or otherwise), advertising, oral statements or other public pronouncements that expressly or impliedly represent or suggest that the Product is safe, effective or suitable for any indications for use, other than those for which the Product has been exempted, cleared or approved by the USFDA or other regulatory authority, if this sale extends beyond the territory of the United States of America.

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12. SUPPLEMENTARY TERMS AND CONDITIONS. Supplementary terms and conditions of sale, available upon request at the offices of ETC, shall be applicable to all sales of products for U.S. Government end-use, when the Government contract number is specified on Purchaser's request for quotation and order.

13. MODIFICATION. The foregoing terms and conditions shall prevail and govern ETC's sale of equipment or products, notwithstanding any variation from the terms and conditions of any order submitted by the Purchaser for any product sold hereunder. Deviations from these terms and conditions are not valid unless confirmed in writing by an authorized representative of ETC.

14. SOFTWARE LICENSE. ETC grants the purchaser of the equipment being supplied under this contract a non-exclusive, non-transferable license to use the software accompanied with the equipment. Such license is limited to the use of the software on the equipment supplied and only at the location in which the equipment has been installed by ETC. Upon delivery, the Purchaser may be required to sign and return a copy of ETC’s Software License Agreement.

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17. MISCELLANEOUS.

(a) All orders are subject to acceptance by ETC in writing, signed by an authorized representative in

ETC’s Contracts Department.

(b) This contract is not assignable, and any attempt to assign any rights, duties or obligations arising hereunder shall be void.

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(d) Cancellation of this order at any time shall render Purchaser subject to a cancellation cost, which shall be reasonable under the circumstances.

1.0 INTRODUCTION

2.0 Experience

3.0 Scope of Work

3.1 Computer Hardware Technical Update

3.1.1 Identification of New Computer Hardware

3.1.2 Assembly and Factory Testing of New PCs

3.1.3 Compatibility Testing of GL-6000 Software and New Hardware

3.1.4 Delivery and Installation of New PCs

3.1.5 Back-up of Software Files

3.1.6 Spare Parts

3.2 Log Manager and Usage Tracking Modification

4.0 CUSTOMER RESPONSIBILITIES

5.0 COMMERCIAL QUOTATION

5.1 Pricing

6.0 TERMS AND CONDITIONS