MAS - ABM Federal Sales, Inc. - 47QSEA19D000B

ABM Federal Sales Inc Terms and Conditions

Federal ID# 43-1015139

General Services Administration Federal Supply Service Authorized Federal Duns: 06-463-2888 Supply Schedule Price List Cage: 79775

UEI: D5YGBJ26T1A8

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!; a menu-driven database system. The INTERNET address for GSA Advantage! is: www.GSAAdvantage.gov

Multiple Award Schedule SINs: 339940OS4, 33411, 811212, 541611MPS, 811212SA, 532420LTOP, 532420LC, 333316C, 333316F and OLM Categories: A – Office Management, F – Information Technology

Contract #: 47QSEA19D000B For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov

Contract Period: 10/15/2018 - 10/14/2028

Modification #: PS-0111, effective 02/26/26

Contractor:

ABM Federal Sales, Inc.

POC: Ann Sutton 625 Maryville Centre Dr Ste 160 St. Louis, MO 63141 Telephone: 800-522-9226 Fax: 800-729-4454

Small Business

Email: sales@abmfederal.com Company Website: http://www.abmfederal.com Revised – February 26, 2026

Customer Information

1a. Table of Awarded SINs 339940OS4 - OS4 Office Products and Supplies 33411 - Purchasing of New Electronic Equipment 811212 - Maintenance of Equipment, Repair Services and/or Repair Spare Parts 541611MPS – Managed Print Services 811212SA – Maintenance Service Agreement 532420LTOP – Lease to Ownership Plan 532420LC – Operating Lease Plan 333316C – Equipment Purchases of Multifunction Copy/Print Devices 333316F – Flat Rate Monthly Fee for Copiers OLM - Order-Level Materials (OLM)

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract.

1b. See GSA Advantage for full catalog of offerings http://www.gsaadvantage.gov/ mailto:sales@abmfederal.com http://www.abmfederal.com/

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided.

1c. Not Applicable

2. Maximum Order 33940OS4 - $250,000 33411 - $500,000 811212 - $500,000

541611MPS - $1,000,000

811212SA - $350,000

532420LTOP - $350,000

53240LC - $350,000

333316C - $350,000 333316F - $350,000

3. Minimum Order $100 (Convenience fee for orders under $100: $10)

4. Geographic Coverage CONUS, Hawaii, Alaska, Puerto Rico, Washington, DC, and US Territories.

5. Points of Production Various, all TAA Compliant

6. Discount from list prices or statement of net price Government Net Prices (discounts already deducted.)

7. Quantity Discounts None

8. Prompt Payment Terms Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. Net 30 days or other negotiated prompt payment terms

9. Foreign Items Various, all TAA Compliant

10a. Time of Delivery 33940OS4: 7 Calendar Days ARO GSS: 45 Days ARO, or a date that is mutually agreed upon at time of order placement.

All others: 30 Days ARO or within the timeframe agreed to by the ordering activity at the task order level.

10b. Expedited Delivery Some Items are available for Expedited, Overnight and 2-Day Delivery. Expedited Delivery or Special Handling requirements may result in additional delivery fees. Contact us for shipping rates.

10c. Overnight and 2-day Delivery Some Items are available for Expedited, Overnight and 2-Day Delivery. Expedited Delivery or Special Handling requirements may result in additional delivery fees. Contact us for shipping rates.

10d. Urgent Requirements Please contact us for urgent delivery requests.

11. FOB Points CONUS: FOB Destination OCONUS: FOB Origin

12a. Ordering Address ABM Federal Sales, Inc.

625 Maryville Centre Dr, Ste 160 St. Louis, MO 63141 Phone: (800) 522-9226 Fax: (800) 729-4454

12b. Ordering Procedures For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

13. Payment Address ABM Federal Sales, Inc.

625 Maryville Centre Dr, Ste 160 St. Louis, MO 63141

14. Warranty Provision Standard Manufacturer's Warranty Applies

15. Export packing charges, if applicable Not Applicable

16. Terms and conditions of rental, maintenance, and repair (if applicable).

Contact us for assistance

17. Terms and conditions of installation (if applicable). Contact us for assistance

18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable).

Contact us for assistance

18b. Terms and conditions for any other services (if applicable). Not Applicable

19. List of service and distribution points (if applicable). Defined at the Order Level

20. List of participating dealers (if applicable). Not Applicable

21. Preventive maintenance (if applicable). Not Applicable

22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants).

Various, contact us for assistance

22b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g.

contractor’s website or other location.) The EIT standards can be found at: www.Section508.gov/.

Section 508 compliance documents are available upon request.

Contact us for assistance.

23. Unique Entity Identifier (UEI) number. D5YGBJ26T1A8

24. Notification regarding registration in System for Award Management (SAM) database.

25. ORDER OF PRECEDENCE

Orders placed under this contract shall be governed by the prices and terms of this contract at the time of order only, regardless of any prices, terms, or omission on order documents.

26. TRADE-INS

Trade-ins are not included in this contract but will be considered as Open Market items and not subject to the Multiple Award Schedule contract. ABM will pick up and remove any trade-in equipment upon request at the local prevailing transportation rates on an Open Market basis.

27. EXCLUSIONS

ABM reserves the right to return orders requiring installation in remote areas not readily or adequately service by ABM.

28. OPEN MARKET

Orders not issued as stated in this catalog will be Open Market and as such, this contract number may not be used. No deviations from terms and conditions specified in this schedule are authorized.

29. METER READINGS - DATA COLLECTION AGENT

SOFTWARE

The remote data collection process is recommended as the most efficient method of collecting data from covered devices as this provides for highly secure, accurate remote collection of the meter reads for all covered devices being utilized on the network. A requirement of this functionality is that all devices are on the network and available to the DCA (Data Collection Agent). The software is secure and offers NO threat to network security. It operates through outbound communication only and communicates to the printing devices through SNMP (Simple Network Management Protocol).

Installing the DCA is coordinated through the key operator POC and requires minimal effort.

30. METER READINGS - MANUAL PROCESS

The Manual process provides for meter readings at sites where security prohibits the use of software monitoring. This process does not offer the most optimal method for servicing devices but can be set up in select environments. ABM’s Manual process requires the coordination with agency representatives to gather the device configuration page data and submit monthly. In the event a meter reading is not provided on a timely basis, ABM may estimate the meter.

ABM Federal is registered and active in SAM http://www.section508.gov/

Returns: Contractor shall allow the Government to return items in the original, unopened packaging and in saleable condition up to 30 days from the date the item was delivered. Computers are custom built and therefore are not able to be returned unless due to factory build error or defects. Contractor shall issue a credit off any outstanding balance on the order, or if previously paid, a full refund, less any applicable restocking fee, for such item within 30 days of receipt of the returned item. All items must be in their original, unopened, and sealed packaging; ABM Federal reserves the right to refuse any item that has been opened prior to return.

POD: Proof of Delivery will not be provided after six months of receipt of order.

Restocking Fee: A minimum restocking fee up to 15% will be charged on all return products, unless due to shipping error or damage during shipment.

SCOPE: This contract may be used on a non-mandatory basis by agencies and activities named below, as a source of supply for the supplies and services described herein.

a. All Federal agencies and activities in the Executive, Legislative and Judicial branches.

b. Government contractors authorized in writing by a Federal Agency pursuant to 48 CFR 51.1.

c. Mixed ownership Government corporations (as defined in the Government

Corporation Control Act).

d. The Government of the District of Columbia

e. Supplies and services may be ordered from time to time in such quantities as may be needed to fill requirements, subject to the Minimum Order and Maximum Order Limitation thresholds specified.

SERVICES OFFERED: All consumables, along with printer environment monitoring, auto toner replenishment, proactive service error monitoring, phone technical support, service, and quarterly environment reporting under the Cost per Image contract. Two Service Level options are available under this offering: ABM Federal Core MPS and ABM Federal Core + Services MPS which includes everything included under the Core offering plus parts for repairs and services to perform equipment maintenance and repairs. New Equipment Purchases are available under the terms of this contract.

IMAGE CHARGES: Agencies are entitled to make the total number of images reflected in the Monthly Image Allowance each month for the standard Monthly Image Fee as defined in the Statement of Work (SOW). A Purchase Order or Statement of Work (SOW) shall define specific performance scope (i.e. allowable images), pricing (monthly charges), applicable image charge, point of contact information, and the Serial Numbers of the Equipment at each location. Usage in excess of the applicable allowance(s) in any month, are subject to an additional charge equal to the number of additional metered images multiplied by the applicable image charge. Actual usage will be measured monthly by output data from our ABM Federal Data Collection Software.

PRICE CHANGES: In accordance with FAR 552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999), ABM Federal Sales, Inc. (Contractor) reserves the right to adjust pricing on specific items if a cost increase is received from the Manufacturer or Supplier. Adjustments will be submitted to the Agency with appropriate documentation prior to the change. Contractor will also honor any pricing decreases and pass those savings along to the Agency as part of the total cost savings solution.

STATE AND LOCAL TAXES (52-229-1): Notwithstanding the terms of the Federal, State, and Local Taxes Clause, the contract price excludes all State and Local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The contractor shall state separately on its invoices taxes excluded from the contract price and the Government agrees either to pay the amount of the taxes (based on the current value of the equipment) to the contractor or provide evidence necessary to sustain an exemption. See FAR clauses 52.229-1 State and Local Taxes; 52.229- 3 Federal, State, and Local Taxes, which are incorporated by reference.

CONTRACT PERIOD: This Agreement shall continue in effect for 12 months commencing on the Effective Date. Each contract period will be defined by the requirements of each RFQ/Bid Response with a minimum agreement length of 12 consecutive months.

PAYMENT TERMS: Invoices will be issued monthly on the first of the month for the prior month’s services. Payment is due Net 30 days from invoice receipt date.

LATE FEES: Government acceptance is deemed to occur constructively on the 7th day after the contractor delivers supplies or performs services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor compliance with a contract requirement. If any amount payable to Contractor is not paid when due, the Government will compute interest penalties in accordance with OMB prompt payment regulations at 5 CFR Part 1315. These regulations are available via the Internet at http://www.fms.treas.gov/prompt/.

RENEWAL: This agreement shall be renewable at the end of the current term for a successive 12 month term unless either party gives prior written notice of its intention not to renew 30 days before expiration of the current term. Contractor shall notify Agency of any changes in the terms of the Agreement at least 30 days prior to the notice period for renewal.

EARLY TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days written notice to the other. In the event that either party believes that the other materially has breached any obligations under this Agreement, such party shall so notify the breaching party in writing. The breaching party shall have 30 days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the 30 day time period, the non-breaching party shall have the right to terminate the Agreement effective upon receipt of notice to terminate. Upon Termination of this Agreement for cause Contractor will remove the Monitoring Software from the Agency’s network and the services shall be terminated immediately.

EARLY TERMINATION FEE: In the event of early termination permitted by this Agreement, Contractor shall be entitled to an early termination fee, or a “Cancellation Ceiling Charge” for devices leased under this agreement in accordance with FAR 52.212-4 paragraph (l) Termination for the Government’s convenience. The Cancellation Ceiling Charge is a limit on the amount that a Contractor may claim from the Ordering Agency on the termination for convenience of a lease or failure to renew a lease prior to the end of the Lease Term. The Ordering Agency and Contractor shall establish a Cancellation Ceiling amount. The Contracting Officer shall insert the Cancellation Ceiling Charge for amount of the first year in the order and modify it for successive years upon availability of funds. No claim will be accepted for future costs: supplies, maintenance, usage charges or interest expense beyond the date of cancellation.

In accordance with the bona fide needs rule, all termination charges must reasonably represent the value the Ordering Agency received for the work performed at cancellation based upon the shorter lease term. No termination cost will be associated with the expiration of the Lease Term.

http://www.fms.treas.gov/prompt/

I. MAINTENANCE AND SUPPLIES. The charges stated in the contract include charges for maintenance for Regular Service Hours (from 8 a.m. to 5 p.m. local time, except weekends and holidays as defined in Table 1 below), inspection; adjustment; consumable parts replacement (these are defined as parts with a rated life, and vary by the manufacturer and model, that wear during normal usage and includes maintenance kits, or if no maintenance kit exists for a manufacturer’s model, then fusers and drums, where applicable; drums are included if drums are a separate consumable part) for all covered Equipment except those listed under Printer Model Consumable Parts Exclusions – Schedule C.

Contract also includes the cleaning material required for proper operation; and toner and developer for such Equipment. The Agreement may also include charges for maintenance and supplies provided for Agency owned equipment and will be defined in the SOW. Supplies exclude paper and staples.

Table 1: ABM Standard Holidays:

New Year’s Day Memorial Day 4th of July Labor Day Thanksgiving Day after Thanksgiving* Christmas Eve Christmas Day New Year’s Eve

* although an ABM Holiday – service personnel will be available for Core + Services Customers On-site personnel will observe all Federal Holidays and not ABM’s standard holidays, if different.

A. Equipment Eligible for Coverage. All eligible equipment will be set forth in the SOW Equipment

Schedule. Any other equipment not listed in the SOW that may be located at the Ordering Agency site(s) will not be capable of using supplied toner and ink consumables under the contract. All equipment capable of using supplied toner and ink consumables must be included in the Equipment Schedule. All equipment is subject to meeting manufacturer’s specifications (“Pre- Existing Conditions”), and must be specifically identified in the Equipment Schedule.

B. Definition of Services Provided.

1. ABM Federal Core MPS Contracts – Services Provided Include:

(i) to supply all toner and ink consumables required to operate the equipment

(ii) to supply consumable parts (parts with a rated life, and vary by the manufacturer and model, that wear during normal usage and include maintenance kits), necessary to perform Regular Maintenance Service

(iii) printer environment monitoring

(iv) free toner re-ordering

(v) proactive service error monitoring

(vi) free phone technical support

(vii) quarterly environment reporting

2. ABM Federal Core + Services MPS Contracts – Services Provided Include:

(i) all ABM Federal Core Services listed above, plus:

(ii) to perform Regularly Scheduled Maintenance with respect to the equipment as defined by the manufacturer and dictated by the device display readings.

(iii) to supply Repair Parts necessary to perform Repair Service, which include parts for worn equipment components (these include all repair parts except those listed under Exclusions 5.) that are expected to wear with use and will vary by the manufacturer equipment model being serviced

(iv) to perform Repair Service which include repairs to worn equipment components that have failed during ordinary use of the equipment under normal operating conditions

(v) to perform Services during Regular Service Hours (Monday through Friday from 8 a.m.

to 5 p.m. local time, except weekends and holidays as defined in Table 1.)

C. Access to Equipment. Contractor shall have the right to access Ordering Agency’s site and any other premises that may house covered Equipment upon reasonable notice for access with Agency’s supervision during regular work hours. Contractor shall apply an estimated monthly page volume (based upon the average usage count from the previous 3 months readings) to any and all Equipment that cannot be accessed for page count recording purposes.

D. Authorized Maintenance Providers. Contractor, at their discretion, may authorize approved maintenance subcontractors or approved service providers to perform maintenance and repairs to the equipment. In cases where Contractor manages Ordering Agency’s third party service agreement on Agency’s behalf, then all sums currently due under that agreement must be paid in full before Contractor will assume any obligation or responsibility.

E. Repair Responsibility. Contractor responsibility ceases if persons make repairs to the Equipment other than Contractor’s authorized representative or subcontractor. It also ceases if competitive supplies are used, or if the damage occurs as a result of Ordering Agency’s abuse or improper handling.

F. Ownership and Control of Toner and Ink Consumables. All toner and ink consumable supplies provided under this Contract shall at all times remain the property of Contractor. Ordering Agency may use the toner and ink consumables pursuant to the terms of this Contract, but Ordering Agency shall not have any ownership rights in or to the toner or ink consumables. In the event of Ordering Agency’s default, Agency shall promptly return all toner and ink consumables to Contractor.

Ordering Agency shall not be charged for any toner or ink consumables in use upon the expiration of this Contract. Any toner or ink consumables not returned shall be billed by Contractor to Ordering Agency at the prevailing cartridge retail purchase price.

G. Additional Equipment and Right of Inspection. Ordering Agency shall notify Contractor promptly upon installing any additional equipment (“Additional Equipment”) at Ordering Agency’s site capable of using supplied toner and ink consumables. Equipment installed subsequent to the date of this Contract will be evaluated by Contractor, and included in, or excluded from, this Contract upon mutual agreement between the Ordering Agency and the Contractor.

1. All additional equipment deemed to be included in the Contract shall be added to the Equipment Schedule and signed off by both parties prior to commencement of the services for the Additional Equipment. Upon both parties agreement, the Additional Equipment will be covered by and considered Equipment under the terms of this Contract. The Minimum Monthly Payment is subject to adjustment, with a minimum of 30 days advanced written notice to the Ordering Agency and Agency approval prior to adding the new Equipment to the Contract.

Billings or surcharges for Additional Equipment output will be reflected in the billing cycle immediately following the billing cycle in which the Additional Equipment is installed.

2. New Equipment Purchases are available under the terms of this contract. The schedule of available printers and current pricing for the available Equipment for Purchase are included under Price Schedule B (ABM Federal MPS Printer Pricing). New Equipment Purchases are only available in conjunction with a new or existing ABM Federal MPS Services Contract and cannot be purchased under this SIN without the MPS Services. For those customers wishing to purchase Equipment only can do so under SIN 333316C of this FSC Schedule 36. Purchase Orders for New Equipment Purchases will be submitted by the Ordering Agency to the Contractor and will be invoiced in full on a separate billing upon shipment of the product. For Leasing Options please see Terms and Conditions for Leasing SINs beginning on page 21 of this document.

3. If any such Additional Equipment is used equipment, Ordering Agency represent and warrant to Contractor that, except for Pre-Existing Conditions duly disclosed prior to such Additional Equipment being covered, all of the Additional Equipment shall, on the date such coverage commences, be in good working order. Contractor shall be entitled to take a physical inventory of the Additional Equipment upon or prior to its being covered by this Contract to determine whether Additional Equipment is in working order. In the event, as of the date coverage commences under this Contract, any Additional Equipment is not in good working order, Ordering Agency shall have such Additional Equipment repaired at Agency’s sole expense and, until such Additional Equipment is so repaired, any Additional Equipment with Pre-Existing Conditions shall not be covered under this Contract. An initial meter reading of zero

(0) is agreed, unless Ordering Agency provides timely information to the contrary, for any Additional Equipment that meets the conditions of G.1.

H. Exclusions.

1. This contract does not include paper or staples

2. This contract does not include relocation of the device, adding or removing of accessories, attachments to other devices, exterior painting, or refinishing the unit, repair of damage in service time resulting from operator neglect or application for which the device was not designed or repair of damage resulting from accident, transportation, neglect, misuse, failure of electrical power, failure of A/C, failure of humidity controls or any cause other than ordinary use, replacements of covered Equipment Parts not furnished by the Contractor, electrical work external to the Equipment, maintenance work on Equipment accessories, attachments or other devices not furnished by the Contractor.

3. Maintenance is not available in unsafe or hazardous environments (as determined by the Contractor).

4. See Printer Model Consumable Parts Exclusion Schedule C for current list of machine models without a maintenance kit or fuser assembly included as a Consumable Part in the Core MPS Services Offering.

5. Repair Parts include all except the following: covers, side panels, power cords, trays, glass parts or any equipment accessories.

6. This contract does not cover after-hours or shop overhaul repairs; however, the services can be offered on a Request for Quote basis – call Contractor for a service quote.

7. Any alterations to the equipment will void the Service clause of this Agreement.

8. Service to printers found to be using unauthorized toner cartridges

II. WARRANTY Notwithstanding anything in this Contract to the contrary, Contractor warrants (a) that all personnel performing services hereunder by or on our behalf will have appropriate training and experience and (b) all equipment is in accordance with industry standards, and all supplies and materials are manufactured in facilities that have implemented ISO 9001:2000 quality management systems and all OEM and compatible toners are manufactured in strict compliance with these standards. Without limiting the generality of the foregoing (and without limiting any obligation to make repairs under this Contract), Ordering Agency expressly agree and acknowledge that in no event shall any manufacturer’s warranty, including but not limited to any implied warranty of merchantability, and fitness for a particular purpose, be deemed given by or otherwise transferred or applied to Contractor. If Ordering Agency notifies Contractor within ninety (90) days from performance of the services that the services or a part thereof fails to conform to the standards specified herein, Contractor shall promptly repair, replace or re-perform the non-conforming services at no cost to the Ordering Agency.

III. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this

Agreement for any delay or default in performing hereunder (other than for delay in the payment of money due and payable hereunder) if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. The party experiencing the difficulty shall give the other prompt notice with full details following the occurrence of the cause.

IV. LIABILITY FOR INJURY OR DAMAGE

A. 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.

B. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

V. INSURANCE—WORK ON A GOVERNMENT INSTALLATION

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 any cancellation or any material change adversely affecting the Government's interest shall not be effective—

A. For such period as the laws of the State in which this contract is to be performed prescribe; or

B. 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 (3), 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.

VI. TRACKING SOFTWARE

A. If Tracking Software is involved, Contractor shall be granted Permission to Install and Maintain Tracking Software. Contractor’s software (“Tracking Software”) enables monitoring the usage of, and the copy count produced on, the Equipment. Ordering Agency agrees that the Tracking Software must be installed on one or more of the Ordering Agency’s computer networked station(s) and the Contractor will coordinate the installation with the Ordering Agency’s designated management representative. Generally the Tracking Software can be installed by the Agency’s Information Services staff by way of a CD and instructions provided to the Agency by the Contractor; however, should it become necessary for the Contractor to install the Tracking Software, the scheduling of time will be coordinated through the Agency’s IT Department or CIO office. Ordering Agency agrees to provide Contractor, access to Agency’s computer-networked station(s) to enable Contractor to upgrade, modify or maintain the Tracking Software or to install new releases or additions to the Tracking Software. Under no circumstances will the Tracking Software provide Contractor access to Government information other than information directly related to this Contract. Ordering Agency agrees to not delete or remove the Tracking Software or to alter, modify or otherwise render it unusable during the term of this Contract without the prior written consent of Contractor.

B. No License, other Prohibitions. Nothing herein shall be construed as granting a license to Ordering Agency for the use of the Tracking Software. Ordering Agency may not, nor permit or cause any other person to (a) use or copy the Tracking Software, in whole or in part, in any manner,

(b) modify, translate, reverse engineer, decompile or dissemble the Tracking Software, (c) rent, lease, loan, resell, distribute, use in a customer-server network to provide third parties access to, or otherwise transfer the Tracking Software, or (d) remove any proprietary notices on the Tracking Software.

C. Intellectual Property Rights. All rights (including all intellectual property rights, whether recognized currently or in the future) in and to the Tracking Software (including any source code, executable code, object code, tools and/or libraries related to the Tracking Software) will at all times be owned by Contractor. No modifications and/or use by Ordering Agency of the Tracking Software shall under any circumstances transfer any right, title or interest in or to the Tracking Software to the Ordering Agency or any third party.

D. Tracking Software Warranty, Liability. Ordering Agency acknowledges that the Tracking Software will be installed on Government networked workstation(s) “as is” without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Contractor does not warrant that the Tracking Software will be error free or will operate without interruption. Contractor shall in no event be liable to Ordering Agency or any third party for any special, consequential, incidental or indirect damages in connection with the Tracking Software. If the software is found to cause issues on the Ordering Agency’s network and these issues can be reasonably associated to the installation of the software through uniform software testing and tracing methodologies, our liability will be limited to the removal of said Tracking Software from Ordering Agency’s environment. If the Tracking Software fails due to no fault of the Government Agency or Contractor, the Government Agency is not responsible for paying fees to manually collect meter readings.

1. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT, OR CONSEQUENTIAL DAMAGES, (INCLUDING, BUT NOT LIMITED TO,

WHERE APPLICABLE, DAMAGES FOR LOSS TO OR DESTRUCTION OF COMPUTER

CODE, DATA OR INFORMATION, LOSS OF BUSINESS PROFITS, BUSINESS

INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY

LOSSES OR DAMAGES) ARISING FROM THE INSTALLATION, USE, OPERATION OF,

OR INABILITY TO USE THE SOFTWARE, EVEN IF CONTRACTOR HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING

DISCLAIMER OF DAMAGES IS TO BE CONSTRUED AS INDEPENDENT OF THE

LIMITATION OF REMEDIES CONTAINED IN THIS AGREEMENT. TO THE

FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR’S

ENTIRE LIABILITY, AND GOVERNMENTS SOLE AND EXCLUSIVE

MONETARY REMEDY FOR ANY CLAIMS OR DEMANDS, WHETHER

FOUNDED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT, OR ANY

OTHER LEGAL THEORY, ARISING FROM GOVERNMENTS INSTALLATION,

USE, OPERATION OF, OR INABILITY TO USE THE SOFTWARE, SHALL BE

LIMITED TO AN AMOUNT NOT EXCEEDING THE AMOUNT THE

GOVERNMENT PAID FOR THE SOFTWARE.

VII. MISCELLANEOUS.

A. Software. Performance issues related to Software and/or connectivity are not covered under the terms of this Contract. Any warranties related to Software will be those offered by the manufacturer and will be passed directly to the user.

B. Software/Hardware. Connectivity and performance issues related to Software and non-standard hardware are not covered under the terms of this Contract. Any warranties related to these solutions, which include but are not be limited to: HP Digital Sending Software, Web Jet Admin, Auto Store, any OCR software, computers and scanners, will be those offered by the manufacturer and passed directly to the user. Operation and configuration of the Software will be the responsibility of Ordering Agency after initial install and operation test of (1) “Send To” folder is completed by Contractor.

VIII. CONTRACTOR TASKS / SPECIAL REQUIREMENTS

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 are 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 Public Law 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.

A. 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: 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 are factored into the price offered under the Contract.

ABM Federal Sales Inc.

ABM Federal Managed Print Solutions

Scope and Description of Services

• Purpose - ABM Federal offers our ABM Federal – Managed Print Solutions program under SIN 541611MPS. As a solution provider, ABM’s, Managed Print Services Offering combines Best in Class elements from our strategic go to market alliances. The primary alliance partners are Supplies Network, our sister company, utilizing their Carbon Six program and multiple OEM’s including Hewlett-Packard, Lexmark, Dell and others. These exclusive partner agreements enable ABM to blend fleet and workflow efficiencies to assist our customers in achieving their overall print output objectives.

• Goal - The primary goal of the ABM Federal-Managed Print Services (MPS) Program is helping our customers gain control of their office printing costs and provide measurable economies. The following process improvements facilitate achievement of this primary goal.

• Cost Containment - Studies predict that office print usage will grow by 5.5% this year. The alarming number behind this statistic is that color printing is forecast to grow at 18.5%. Color prints cost 5-10 times that of black and white. The ABM Federal Program provides predictable costs through scheduled monthly billing, pay only what you print, reduced redundant acquisition costs, decreased miscellaneous supply purchases, reduced inventory storage requirements, etc.

• Management Control – The ABM Federal Program provides visibility across a print infrastructure to understand who, what, and where documents are printed and by what devices. Having actionable data enables customers to make informed decisions about reducing overall costs in their printing environments. This visibility across mixed fleets combined with the ability to analyze user data provides the level of granularity essential to implementing comprehensive printing strategies that improve workflows and reduce overall costs.

o One process improvement example being: Develop and implement a universal printing policy that includes forced duplexing, redirected print, selectable print to least expensive devices, etc.

Implementing just one of these policies across a print infrastructure has proven to provide substantial savings.

• Standardization – ABM Federal has a system to ensure continuous productivity. Very few things inhibit office productivity more than a printer that is out of service. Many of the companies we serve initially had many different brands and models of printers. That meant that it was nearly impossible to stock all of the required toner, manage all of the print drivers and coordinate service with multiple vendors. ABM Federal consultants provide expertise in optimizing print infrastructures through development of printer standards, recommendations for device placements, user productivity, energy reduction, universal print policy guidance, etc.

The ABM Federal Business Unit delivers both the 541611MPS Managed Print Services and Needs Assessment and Analysis Services. ABM Federal has built on its knowledge and expertise in supply and distribution management, asset management, fleet configuration design and exceptional customer services capabilities to offer a comprehensive Managed Print Services Program.

SIN 541611MPS Managed Print Services

The 3 Components in the 541611MPS SIN are: Fleet Design/Print Output Optimization, Fleet Management, and Ongoing Print Output Optimization.

These components can be delivered under a Cost per Image (CPI) Model with or without the purchase of the Printing/Imaging Device or can be purchased under a

SOW level of effort based contract that can incorporate multiple components including CPI pricing, Equipment purchase, Labor Codes/Resources, etc.

The CPI model can be purchased as a Service Only Model; offered as Core and Core Plus, they include:

CORE

• Remote monitoring of the Fleet via Software

• Auto-toner replenishment

• Proactive Service Monitoring with phone triage

• Consumable Parts

• Robust Reporting thru web portal

CORE PLUS

• Remote monitoring of the Fleet via Software

• Auto-toner replenishment

• Proactive Service Monitoring with phone triage

• Consumable Parts

• Robust Reporting thru web portal

• Service Labor w/Technician Dispatch

• Repair Parts (most, exceptions provided via addendum) or

CPI Service Only Model with Printing/Imaging Device included. This Model would include a Core or Core Plus price and the equipment purchased and billed separately at commencement of a contract or one of two leasing options as defined under SINs Lease-to-Own Plan or 532420LC (Operating Lease Plan).

Under a SOW (statement of work) level of effort based pricing model, ABM incorporates its CPI pricing with devices included or not and develops implementation schedules based upon objectives defined in a SOW. We recognize that most organizations are at various stages of evaluating their Printing/Imaging Infrastructures and may need to balance budgets and objectives to achieve their cost savings, environmental initiatives and workflow efficiencies. ABM Federal’s Program spans the spectrum from a basic entry level Print Management System with turn-key toner replenishment to a fully Managed Output Service incorporating workflow efficiencies, device optimization, and flexible financing to gain complete control of print output costs across an enterprise.

Needs Assessment & Analysis

Our Assessment methodology is aimed at establishing specific achievement objectives based upon Agency initiatives and goals. The most critical step towards optimizing a fleet and increasing worker productivity understands the current state of the print output environment. Once a baseline is established a print output strategy can be developed that includes Device and Workflow optimizations. ABM’s Standard Scope Assessment begins with discovering the Fleet and providing that visibility into the current state. ABM provides Needs Assessment and Analysis services to help Federal Agencies formulate document output strategies for future implementation.

ABM’s Assessment Components included in Standard Scope of Work - Fleet Discovery at the per device pricing model.

• Scope Meeting - Establish Customer objectives – Centralized Device Management, Fleet Optimization, etc.

• Fleet Discovery – Data collection utilizing remote software and manual USB tools.

• Site Surveys – Record device placements, space requirements, device health

• Data Analysis – Document current state environment

• Present Findings - Provide documentation for current state environment, make recommendations for future state improvements based upon customer objectives established in Scope meeting.

ABM offers this service as a Per Device Pricing Model for the Standard Scope of Fleet Discovery. (MPS Specialist performs the work, hourly rate does not apply.

Per device model includes MPS Specialist resource).

ABM offers Extended Scope Services and pricing for Future State Design, Workflow Analysis, TCO Analysis, Secure Printing Solution Design, Carbon Footprints Reduction Strategies, etc. These are priced and offered under a SOW identifying resources and level of effort and billed at the applicable hourly rate.

Travel expenses are not included in the hourly rates.

ABM Federal is a comprehensive Managed Print Services program that empowers our customers with the ability to gain control of office printing costs across multi-vendor environments while maintaining maximum uptime efficiencies, high print quality, and optimal workflows.

Our methodology emerges from a device (printer, copier, and scanner) independent view. Today’s exceptional device technology facilitates the ability to look beyond the device to the printing/imaging system as a whole and optimize the complete system. This printing system is comprised of the device, the user and the document and the ABM Federal program incorporates optimization throughout this print system.

As a Solution Provider, we can offer multi-vendor options that merge Best in Class hardware and software capabilities to meet the distinct missions and objectives of our Federal Agency Customers. Our OEM Elite status partnerships with HP, Lexmark, Dell, Canon, Xerox, and others enable ABM to optimize, manage, and improve on a broad range of printing environments. The backbone of ABM’s ABM Federal offering currently has over 75,000 devices under management providing auto-toner replenishment and break fix services to the commercial marketplace. Beginning with the assessment process the print output objectives and fleet specific needs are established to create a baseline for print optimization. This process is a continuum with ongoing planned improvements included in an overall print strategy.

ABM Managed Output Services Essential Components

A. Assessment B. Fleet Design/Print Output Optimization C. Fleet Management D. Ongoing Print Output Optimization

A. Assessment

A thorough assessment provides a critical baseline for measuring program success. Our Assessment methodology is aimed at establishing specific achievement objectives based upon Agency initiatives and goals. This component drives the entire implementation process and is vitally important to our ABM Federal Program.

The Assessment process combines fleet assessment with needs analysis. The data collection process utilizes a variety of methods, including; remote data collection, user interviews, site surveys, device mapping, and utilization of industry standard benchmarks to gain an understanding of the customer’s current state environment. This data can then be utilized to provide future state recommendations and develop print output optimization blueprints.

Resources – MPS Specialists are responsible for the operational performance and delivery of the assessment process. They are the primary interface with the agency to coordinate all data collection activities, user interviews, and site surveys. MPS Subject Matter Expert (SME) ensures the project team’s timely and satisfactory delivery of the assessment with all of the deliverables.

• Data Collection Software

ABM Federal utilizes several best in class data collection tools to gather networked and local device data. Print jobs, with meta-data information only, can also be monitored to be incorporated into organizational objectives for reducing print costs. All of the data collection tools are configured to be managed securely across firewalls while also complying with Federal agency security policies, including user access controls, PKI infrastructures, FDCC settings, PII policy, etc. All data is encrypted across the firewall to further enhance security of the data being collected.

Device Data - (sample collection)

• IP address (can be masked)

• Toner cartridge serial number

• Device description

• Maintenance kit levels

• Serial number

• Non-toner supply levels

• Meter reads

• Asset number

• Monochrome or color identification

• Location

• LCD reading

• MAC address

• Device status

• Manufacturer

• Error codes

• Firmware

• Toner levels

• Miscellaneous (machine specific)

User Data – (sample collection)

• Print job – only meta-data

• Who printed

• What they printed

• When they printed

• Manual Collection – User Interviews/Site Surveys

Fleet and TCO Assessments: Driven by Agency

Objectives Understand Current Costs

– Service (labor, parts)

– Supplies

– Support (IT, help desk)

– Hardware (purchases, leases)

– Energy

– Outsourced documents

– Telecom

Understand Current Environment

– Location and condition of devices

– Output volumes (mono and color)

– Workflow

– Understand Desired Environment

– Workflow, document output needs – watermark technology available via application level

– By department

Obtained via observation and interviews

B. Fleet Design/Print Output Optimization

Fleet Design/Print Output Optimization is the strategy and implementation blueprint for our Managed Print Program. The Assessment Data has been consolidated and analyzed to develop a strategy that aligns the available funding for each phase with the overall Agency Print Output Infrastructure Objectives.

Fleet Optimization can involve multiple phases due to legacy leasing arrangements, contracts, and other capital expenditures involved.

Resources – MPS Specialists consolidate data for review and implementation proposal. MPS Subject Matter Experts review data and provide Fleet Analysis for implementation scheduling.

Advanced Implementations include MPS SME for Fleet Future State Designs and Output Optimization Solution recommendations.

Develop Optimization Strategy – Documented Deliverable

– Based on key management initiatives

– Cost analysis

– Environment analysis

– Agency specific requirements – digital storage/retrieval options, watermark capabilities, copy cards, CAC/PIV cards, etc.

– Resource assignments – Program Managers, SME’s, Service Technicians, etc

Develop security plan according to agency policy – Documented Deliverable

– Hard drive elimination/secure erase options

– User access controls/authentication

– Secure printing solutions – Pull/PIN printing, CAC/PIV cards, etc.

Structure the Financial Relationship from a potential range of options

– Service/Supplies/Support on Cost Per Image, existing fleet

– Service/Supplies/Support on Cost Per Image, with equipment purchased outright

– Service/Supplies/Support on Cost Per Image, with equipment leased separately

– Service/Supplies/Support/Hardware on Cost Per Image (equipment is rented)

– Service/Supplies/Support/Hardware on Cost Per Seat (equipment is rented)

Develop Fleet Implementation Plan and Schedule – Phased approach aligned with agency objectives and budget

– Removal of devices

• Expensive to operate (energy, service, supplies costs)

• Past useful life

– Move devices

• Better alignment of capability to workflow

– Add devices

• Lower cost of operation

• Better alignment to workflow

• Increased capability for document output needs

• Document security plan as identified in Optimization Stage

C. Fleet Management

Fleet Management involves the day to day care and feeding of the Device Infrastructure. All toner, consumables, service alerts and responses are automated and documented for reporting. The information can be viewed live through a web portal and reports generated on demand if needed. (This information is optional, as this is a service being provided and requires no IT or user intervention.)

Resources – MPS Specialists supervise the daily operational and performance of…