MAS - BMC Software, Inc. - 47QTCA18D0038

GENERAL SERVICES ADMINISTRATION

Federal Acquisition Service

Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage!®. The website for

GSA Advantage!® is: https://www.GSAAdvantage.gov.

Multiple Award Schedule FSC Group: Information Technology Large Category

FSC Class: 7A21, DA01, U012

Contract Number: 47QTCA18D0038

Contract Period: December 1, 2017 - November 30, 2027

BMC Software, Inc.

2103 CityWest Boulevard, Suite 2100

Houston, TX 77042-2833

Phone: 713.918.2950 www.bmc.com Contract Administration: Nancy Kuhn, nancy_kuhn@bmc.com, (703) 625-5619

Business Size/Status: Other than Small Business

For more information on ordering, go to the following website: https://www.gsa.gov/schedules

Price list current as of Modification #PA-0042 effective September 11, 2025

Prices shown herein are NET (discount deducted) http://www.gsaadvantage.gov/ http://www.g2sf.com/ mailto:nancy_kuhn@bmc.com https://www.gsa.gov/schedules

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Table of Contents

CUSTOMER INFORMATION

TERMS AND CONDITIONS SPECIAL ITEM NUMBER 511210, SOFTWARE LICENSES

LABOR CATEGORY DESCRIPTIONS SPECIAL ITEM NUMBER 54151S, IT PROFESSIONAL SERVICES

GSA PRICE LIST FOR LABOR CATEGORIES SPECIAL ITEM NUMBER 54151S, IT PROFESSIONAL SERVICES 10

TERMS AND CONDITIONS SPECIAL ITEM NUMBER 611420, INFORMATION TECHNOLOGY TRAINING

GSA PRICE LIST FOR TRAINING SERVICES SPECIAL ITEM NUMBER 611420, INFORMATION TECHNOLOGY

TRAINING

GSA PRICE LIST FOR PRODUCTS AND UNIT-PRICED SERVICES

END USER LICENSE AGREEMENT

AMENDMENT TO THE BMC END USER LICENSE AGREEMENT

U.S. DATA PROCESSING AGREEMENT

BMC ENTERPRISE SUPPORT POLICY

MAINFRAME SUPPORT POLICY

MAINFRAME CONTINUOUS DELIVERY PRODUCTS SUPPORT POLICY

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CUSTOMER INFORMATION

1a. Table of awarded SINs with appropriate cross reference to item descriptions and awarded prices:

Please refer to GSA eLibrary (www.gsaelibrary.gsa.gov) for detailed SIN descriptions

SINs SIN Title

511210 / 511210 STLOC Software Licenses

54151 / 54151 STLOC Software Maintenance Services

54151S / 54151S STLOC / 54151S RC Information Technology Professional Services

611420 / 611420 STLOC / 611420 RC Information Technology Training

OLM / OLM STLOC 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. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment discounts, or any other concession affecting price. Contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply:

Please refer to our rates on GSA

Advantage!

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. If hourly rates are not applicable, the

Contractor shall insert “Not applicable” for this item:

Please refer to our labor category descriptions beginning on page #8

2. Maximum Order: SINs 511210, 54151, and 54151S: $ 500,000

SINs 611420 and OLM: $ 250,000

The maximum order threshold represents the point where, given the dollar value of the potential order, the Schedule Contractor may decline the order. Schedule contractors are encouraged, but not obligated, to accept orders exceeding this limit.

3. Minimum Order: $ 100.00

4. Geographic coverage (delivery area): Worldwide Delivery

5. Point of production (city, county, and State or foreign country):

United States

6. Discount from list prices or statement of net price:

Government net prices (discounts already deducted)

7. Quantity Discounts: SIN 611420: Quantity price breaks noted in pricelist

SIN 54151S (Daily Rates)

BMC Consulting Services applies a flat discount of 10% across its daily rates. Dollar volume discounts are afforded for all services. These dollar volume discounts listed below cannot be combined. The discounts below are exclusive of the 0.75% Industrial Funding Fee (IFF).

Prepaid / Dollar Volume Discounts are as follows:

Prior 12 Months Professional

Service Invoices

Discount Rate for Pre-Payment

$159,500 - $398,750 5.0%

$398,751 - $638,000 10.0%

>$638,000 15.0% http://www.gsaelibrary.gsa.gov/ https://www.gsaadvantage.gov/advantage/ws/main/elib?pg=home&src=elib

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

9. Foreign items: None

10a. Time of Delivery:

SIN 511210: 15-30 days After Receipt of Order (ARO)

SIN 54151: As negotiated at the Task Order level

SIN 54151S: As negotiated at the Task Order level

SIN 611420: Per course schedule or as mutually agreed

10b. Expedited Delivery: Items available for expedited delivery are noted in the price list or as negotiated at the order level.

10c. Overnight and 2-Day Delivery: Ordering activity may contact the Contractor for rates for overnight and two-day delivery at the order level.

10d. Urgent Requirements: Ordering agencies can request accelerated delivery for urgent requirements.

11. F.O.B. Point: Destination

12a. Ordering Addresses: BMC Software, Inc.

Houston, TX 77042-2857

BMC Software in care of Dell Federal Systems L.P.

Attn: Amy Hammond-O’Dwyer

1 Dell Way, Round Rock, TX 78682-7000

Phone: 443-789-8722

Email: amy.hammondodwyer@federal.dell.com

BMC Software in care of Carahsoft Technology

Corporation

Attn: Aaron Stratit

11493 Sunset Hills Rd

Reston, VA 20190

Email: aaron.strait@carahsoft.com

BMC Software in care of CDW Logistics LLC

Attn: Maureen DeWitt

200 N Milwaukee Ave

Vernon Hills, IL 60061

Email: maurdew@cdw.com

BMC Software in care of Mainline Information Systems

Incorporated

Attn: Ken Gross

1700 Summit Lake Dr

Tallahassee, FL 32317

Email: ken.gross@mainline.com mailto:amy.hammondodwyer@federal.dell.com mailto:aaron.strait@carahsoft.com mailto:maurdew@cdw.com mailto:ken.gross@mainline.com

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BMC Software in care of SHI International Corp

Attn: Kristie Minahan

290 Davidson Ave

Somerset, NJ 08873

Email: kristie_minahan@SHI.com

BMC Software in care of VPMA Global Services LLC

Attn: Steve McCormick

5940 S Rainbow Blvd Ste 400 PMB 928079

Las Vegas, NV 89118

Email: steve.mccormick@vpmagroup.com

12b. Ordering Procedures: See Federal Acquisition Regulation (FAR) 8.405-3.

13. Payment Addresses: BMC Software, Inc.

Houston, TX 77042-2857

BMC Software in care of Dell Federal Systems L.P.

Attn: Amy Hammond-O’Dwyer

1 Dell Way, Round Rock, TX 78682-7000

Phone: 443-789-8722

Email: amy.hammondodwyer@federal.dell.com

BMC Software in care of Carahsoft Technology

Corporation

Attn: Aaron Stratit

11493 Sunset Hills Rd

Reston, VA 20190

Email: aaron.strait@carahsoft.com

BMC Software in care of CDW Logistics LLC

Attn: Maureen DeWitt

200 N Milwaukee Ave

Vernon Hills, IL 60061

Email: maurdew@cdw.com

BMC Software in care of Mainline Information Systems

Incorporated

Attn: Ken Gross

1700 Summit Lake Dr

Tallahassee, FL 32317

Email: ken.gross@mainline.com

BMC Software in care of SHI International Corp

Attn: Kristie Minahan

290 Davidson Ave

Somerset, NJ 08873

Email: kristie_minahan@SHI.com

BMC Software in care of VPMA Global Services LLC

Attn: Steve McCormick

5940 S Rainbow Blvd Ste 400 PMB 928079

Las Vegas, NV 89118 mailto:kristie_minahan@SHI.com mailto:steve.mccormick@vpmagroup.com mailto:amy.hammondodwyer@federal.dell.com mailto:aaron.strait@carahsoft.com mailto:maurdew@cdw.com mailto:ken.gross@mainline.com

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14. Warranty Provision: Please refer to End User License Agreements beginning on page #21.

15. Export Packing Charges, if applicable: Not Applicable

16. Terms and conditions of rental, maintenance, and repair:

Please refer to special terms and conditions for SIN

511210 included below.

17. Terms and conditions of installation: Not Applicable

18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices:

Not Applicable

18b. Terms and conditions for any other services:

Not Applicable

19. List of service and distribution points: Not Applicable

20. List of participating dealers: Dell Federal Systems L.P.

Attn: Amy Hammond-O’Dwyer

1 Dell Way, Round Rock, TX 78682-7000

Phone: 443-789-8722

Email: amy.hammondodwyer@federal.dell.com

Carahsoft Technology Corporation

Attn: Aaron Stratit

11493 Sunset Hills Rd

Reston, VA 20190

Email: aaron.strait@carahsoft.com

CDW Logistics LLC

Attn: Maureen DeWitt

200 N Milwaukee Ave

Vernon Hills, IL 60061

Email: maurdew@cdw.com

Mainline Information Systems Incorporated

Attn: Ken Gross

1700 Summit Lake Dr

Tallahassee, FL 32317

Email: ken.gross@mainline.com

SHI International Corp

Attn: Kristie Minahan

290 Davidson Ave

Somerset, NJ 08873

Email: kristie_minahan@SHI.com

VPMA Global Services LLC

Attn: Steve McCormick

5940 S Rainbow Blvd Ste 400 PMB 928079

Las Vegas, NV 89118 mailto:amy.hammondodwyer@federal.dell.com mailto:aaron.strait@carahsoft.com mailto:maurdew@cdw.com mailto:ken.gross@mainline.com

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21. Preventive maintenance: Not Applicable

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

Not Applicable

22b. If applicable, indicate that Section 508 compliance information is available for the information and communications technology (ICT) products and services offered and show where full details can be found (e.g., Contractor’s website or other location). ICT accessibility standards can be found at https://www.section508.gov/.

Please refer to www.bmc.com for information on Section

508 compliance

23. Unique Entity Identifier (UEI) Number: N2TKCKTA3MH3

24. BMC Software, Inc. is registered in the System for Award Management (SAM) database.

https://www.section508.gov/ http://www.bmc.com/

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TERMS AND CONDITIONS

SPECIAL ITEM NUMBER 511210, SOFTWARE LICENSES

TERM/ON-PREMISE SUBSCRIPTION SOFTWARE LICENSES

Term License Pricing: Term Agreements: A Term/On-Premise Subscription License is a license that expires at the end of a given period, or term. It may also be referred to as a time-based license. Customers that purchase

Term/On-Premise Subscription licenses do not receive perpetual rights; therefore a Term license is a non-

Perpetual offering. At the end of a Term/On-premise Subscription contract, no migration is required, a new contract will be written. No credits are available for remaining, unused contract term.

PERPETUAL SOFTWARE LICENSES

MIPS PRICING: When MIPS pricing is utilized a statement of capacity must be sent in. Customer will deliver to

BMC a statement, signed by an authorized representative of Customer, containing the information described below for the relevant Measured Period (a “Statement of Capacity”) 30 days prior to the first anniversary of the

Order Date and each subsequent anniversary date, (each an “Anniversary Date”). The “Measured Period” is the 1-year period ending 40 days prior to the Anniversary Date, with the first Measured Period being a 1-year period less 40 days from the Order Date. A final Statement of Capacity is also due 30 days prior to the Expiration

Date.

STATEMENT OF CAPACITY INFORMATION: List all the Computers (by location, model, type and serial number), including all Computers coupled in a parallel sysplex environment, and the MIPS Rating for these Computers, upon which (i) each z/OS subsystem (e.g. IMS, DB2, CICS or VSAM) for which a Product is licensed to operate (a

“Subsystem”) or (ii) each z/OS operating system for which a Product is licensed to operate (“Operating

System”), has been installed, managed or has operated during the Measured Period. MIPS Rating is the aggregate computing power (expressed in millions of instructions per second) of a Computer, using the MIPS rating set forth in the then current Gartner Group Rating Guide. (1) For each Subsystem MIPS-based Product, the

“Reported Capacity" equals the highest aggregate MIPS Rating of all the Computers on which a Subsystem has been installed or has operated at any time during the Measured Period. Example: If a Product is licensed to operate with the DB2 Subsystem, then the Statement of Capacity must specify the highest aggregate MIPS

Ratings of all the Computers upon which the DB2 Subsystem has been installed or operated. (2) For each

Operating System MIPS-based Product, the “Reported Capacity" equals the highest aggregate MIPS Rating of all the Computers on which a Operating System has been installed or has operated at any time during the

Measured Period. Example: If a Product is licensed to operate with the z/OS Operating System, then the

Statement of Capacity must specify the highest aggregate MIPS Ratings of all the Computers upon which the

Z/OS Operating System has been installed or operated. Delay in Delivery of Statement of Capacity. If Customer fails to deliver a Statement of Capacity in accordance with the section entitled “Statement of Capacity

Requirements” above, BMC will provide Customer with written notice of such failure. If BMC has not received the

Statement of Capacity within 15 days of Customer’s receipt of this written notice, BMC will be entitled to receive the outstanding Adjustments (as defined below), if any, owed for that Statement of Capacity plus interest equal to the lesser of 1% of such Adjustment per month of delay of delivery of such Statement of Capacity or the maximum interest rate permitted by applicable law.

SOFTWARE MAINTENANCE

The maintenance pricing is as contained in the maintenance pricelist.

• Technical Support - 24x7

• First year Maintenance is calculated at twenty percent (20%) of the Net Software License Fee (license list price at time of purchase, less the transaction discount)

• Maintenance Renewal: Subsequent annual maintenance renewals are calculated at the Last Annual

Maintenance Fees Paid plus an increase of 0% to 5% provided the configuration has not changed.

• Reinstatement of Maintenance. In ALL cases where maintenance needs to be reinstated, the Customer must be charged an amount that would be equal to the amount they would have paid had they not let maintenance lapse plus one year of forward support. For Customers that have let maintenance lapse for 2 years or more, the Customer will have the right to buy new licenses if it wishes or be subject to the same policy as the rest of the Customer base (as follows). For Customers that have let maintenance lapse up to

2 years, BMC Software will charge the Customer for all lapsed support at their originally contracted rate times the current List Price plus one year forward support.

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LABOR CATEGORY DESCRIPTIONS

SPECIAL ITEM NUMBER 54151S, IT PROFESSIONAL SERVICES

Associate Consultant

Functional

Responsibility:

Basic installation and configuration of the out-of-the-box (OTB) product, no customizations and very little experience required. May also be part of a large implementation coupled with a Level 3, Level 4, or large team of consultants.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and experience

Certifications: ITIL Foundation Certified

Consultant

Functional

Responsibility:

Expert in particular IT disciplines. Responsible for analyzing client IT operations and environment and designing a specific solution that includes BMC products and non-

BMC technology. Interacts with client executives on a routine basis.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

Senior Consultant

Responsibility:

Responsible for configuring BMC solutions to address specific client needs and objectives. Can design project approach and tailor BMC methodology to client's needs and priorities. Expert in particular BMC products and solutions. Leads teams of consultants to plan, execute, and deliver project phases. Can train client personnel on proper use of BMC products and/or BMC solutions. Interacts with client project leads and client management.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

Principal Consultant

Responsibility:

Expert in particular IT disciplines. Responsible for analyzing client IT operations and environment and designing a specific solution that includes BMC products and non-

BMC technology. Interacts with client executives on a routine basis. Provides subject matter expertise in the design and management of enterprise systems and architectures for large complex environments. He/she has industry and/or customer recognition as an experienced IT architect and capable of implementing complex IT solutions. Experience and knowledge of key systems disciplines that include customer service and support, Service level management, problem management, network management, capacity/performance management, configuration management.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

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Project Manager

Responsibility:

Responsible for managing large-scale implementations of BMC Software products.

Duties include planning, distributed architectural design, contract and financial reporting, technical resource assessment, consultant task management, and analysis of training and support requirements. Facilitates the implementation and team communication required to provide services to address customer objectives.

Provides coordination and management required for the delivery of solutions, monitors and reports financial status and contract necessities to the client.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

Certifications: ITIL Foundation and PMP Certified

Global Program Manager

Responsibility:

Responsible for managing enterprise-scale implementations of BMC Software products, including designing the implementation to facilitate the capabilities of new and existing IT infrastructures. This individual has knowledge of all aspects of operations management, and provides technical leadership and architectural direction for project objectives. This individual effectively leads large teams of multi-disciplined personnel to implement complex, business-centric IT solutions. This individual is effective at performing customer briefings, is articulate and communicates to diverse levels the intricacies of IT architectures and their applicability to solving business solutions.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

Certifications: ITIL Foundation and PMP Certified

Solutions Architect

Responsibility:

Leads highly complex and uncommon solution design when required. Tasks and document deliverables are highly complex and architectural in nature (i.e. functional requirements, solution design, database design, high-availability and disaster recovery planning.) Management of a large project or program (multiple projects) with complex planning required. Multiple deliverables and a large resource team to deliver.

Minimum Education: Bachelors degree in computer science or related field, or equivalent education and

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GSA PRICE LIST FOR LABOR CATEGORIES

SPECIAL ITEM NUMBER 54151S, IT PROFESSIONAL SERVICES

Labor Category Title Customer /

Contractor Site GSA DAILY Rate

Associate Consultant Both $ 1,994.96

Consultant Both $ 1,994.96

Senior Consultant Both $ 2,221.66

Principal Consultant Both $ 2,811.08

Project Manager Both $ 2,221.66

Global Program Manager Both $ 2,811.08

Solutions Architect Both $ 2,811.08

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TERMS AND CONDITIONS

SPECIAL ITEM NUMBER 611420, INFORMATION TECHNOLOGY TRAINING

1. SCOPE

a. The Contractor shall provide training courses normally available to commercial customers, which will permit ordering activity users to make full, efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation.

b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location, as agreed to by the Contractor and the ordering activity.

c. The Contractor shall provide training courses to the ordering activity through the purchase of Learning Pass

Credits (LPCs). Learning Pass Credits may be purchased by the ordering activity in quantities to cover an individual student in a particular course or in significant quantities, at a discount, to cover the needs of the ordering activities organization requirements over a period of time.

d. Contractor agrees to provide to ordering activity Learning Pass Credits (“LPCs”) at the quantity and discounted price stated. Customer may use the LPCs to acquire training from Contractor, either at public classes or in private training at ordering activity’s site. All training shall be done by professional instructors who are skilled in the subject matter of a specific class.

2. ORDER

a. Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPAs) shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the contact’s name, number of Learning Pass Credits to be purchased, and contracted dollar amount for the Learning Pass Credits. Specific courses to be attended may also be included on the order.

b. Contractor will issue a PIN code to an individual designated by the ordering activity (the “Contact”). All ordering activity-authorized personnel will use this PIN code when enrolling in a class as a means of payment.

Ordering activity is responsible for authorizing individuals to use the PIN code and for ensuring proper usage of the PIN code. Contractor is not responsible for unauthorized use of the PIN code.

c. Contractor provides training throughout the year. Ordering activity may contact Contractor for a published schedule of training classes or visit our website at www.bmc.com. The LPCs issued pursuant to this Agreement shall expire twelve (12) months from the date of the ordering activity purchase order. Any remaining LPCs not utilized during the twelve (12) months period shall be forfeited by ordering activity. The 12-month period will begin on the day the Purchase Order or EDI order is issued to Contractor.

d. Ninety (90) days prior to the Expiration Date of the Learning Pass Credits, the ordering activity will be notified by Contractor as to the Expiration Date of the Learning Pass Credits. If the ordering activity requests an extension of the expiration for an additional year, the ordering activity may roll any unused LPC’s into the new annual agreement provided that they sign up for a quantity of LPC’s that is equal to the same discount level as the prior year. Example: Number of LPC’s originally purchased 70 with a 12% discount Number of LPC’s left at end of year

= 10 Minimum # of additional LPCs purchased for the extension to maintain the 12% discount = 50 LPCs 60 LPC’s would be available for use after the purchase of 50 LPC’s.

e. LPCs are for the exclusive use of ordering activity and may not be resold, transferred or bartered.

3. TIME OF DELIVERY

The Contractor shall conduct on-site training on the date (time, day, month, and year) agreed to by the Contractor and the ordering activity. For an onsite private class, a Training and Education Work Order will need to be executed by both parties once a mutually agreed upon date for the onsite private class has been established. If the ordering activity elects to use LPCs for public training classes, training will take place at a regularly scheduled training class in a facility normally used by Contractor for that purpose. If the ordering activity elects to use LPCs for training in a private on-site setting, ordering activity shall pay all related travel expenses for the instructor. The instructor’s expenses must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Contractors cannot use GSA city pair contracts. This is in addition to the required number of LPC’s Onsite Standard Training Class at Ordering Activity Designated Location

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(1) Training is provided in English at Contractor facilities CONUS and OCONUS

(2) Training is available onsite at the customer premises for any of the standard BMC training courses in English.

An onsite class can accommodate up to 10 students.

1. Quoted Services dates are valid for a period of 5 business days from the Effective Date. If Customer does not return a signed copy of the Training and Education Work Order to Contractor via fax within 5 business days of the

Effective Date, Customer may lose the given dates for Training Services. Once the ordering activity and

Contractor agree to delivery dates a Training and Education Work Order document will be sent to the ordering activity for signature.

2. If ordering activity desires to cancel or reschedule a class, it must provide notice to Contractor at least 10 business days before the start date of the class. Any changes to the agreed to class schedule shall be documented in a modification to the Training and Education Work Order that shall be mutually agreed to in writing. If ordering activity give less than 10 business days’ notice, Contractor shall deduct from the Client

Learning Pass Account the number of Learning Pass Credits associated with the delivery of the on-site course and ordering activity shall pay any un-reimbursable Travel & Living expenses incurred by Contractor’s instructor.

3. Classes are limited to the number of students outlined in the Training and Education Work Order, and the number of sets of training materials that will be shipped is associated with the number of students listed on the

Training and Education Work Order, unless otherwise stated.

4. Ordering activity is responsible for payment of Instructors reasonable actual travel and related expenses incurred in the performance of the Training Services. The instructor’s travel reservations will not be made until the

Training and Education Services Work Order is executed by the ordering activity and returned to Contractor.

Such expenses will be invoiced separately, as specified in the Federal Travel Regulation or Joint Travel

Regulations, as applicable, in effect on the date(s) the travel is performed.

The ordering activity, through the use of the PIN via the BMC Software Education web portal, may enroll in publicly available courses at any time.

4. CANCELLATION AND RESCHEDULING

a. The ordering activity will notify the Contractor at least thirteen business days before the scheduled training date if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class. If

Customer desires to cancel or reschedule a class, it must provide notice to BMC at least 10 business days before the start date of the class to not to incur penalty. If Customer give less than 10 business days’ notice, BMC shall invoice and Customer shall pay a fee of 50% of the course cost and any travel expenses incurred by BMC’s instructor as liquidated damages. If Customer gives 5 business days or less notice Customer shall pay a fee of

100% of the course cost and any travel expenses incurred by BMC’s instructor as liquidated damages.

b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the ordering activity will be liable for the contracted dollar amount of the training course.

The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety (90) days from the original course date, at no additional charge.

c. The ordering activity reserves the right to substitute one student for another up to the first day of class.

d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity, the Contractor must notify the ordering activity at least seventy-two (72) hours before the scheduled training date. Public Training – Class Cancellation Policy Contractor reserves the right to cancel any class up to 10 business days prior to the start of the class. If this occurs the ordering activity’s LPC balance will be reinstated by the amount allocated for the course.

5. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with telephone support, via BMC

Software technical support, in conjunction with any BMC Software licensed for use by the ordering activity.

6. PRICE FOR TRAINING The price that the ordering activity will be charged will be the ordering activity training price in effect at the time of order placement, or the ordering activity price in effect at the time the training course is conducted, whichever is less. Learning Pass Credits used are based on the price of the class, not the days an

47QTCA18D0038 13 | P a g e individual student attends such class. For example, if the price of a public class is $4750, attendance requires Five

(5) LPCs ($4750 divided by $950), even if the student attends only three (3) days of the class.

7. INVOICES AND PAYMENT Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears (31 U.S.C. 3324). PROMPT

PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. The ordering activity will issue

Contractor a Purchase Order for the amount of Learning Pass Credits to be purchased along with any provisions for Travel and Living expenses associated with the delivery of on-site private courses. Contractor will invoice the ordering activity the full amount of the Learning Pass Credits upon receipt of the Purchase Order. Once payment is received from the ordering activity, the Contractor will establish an account that can be accessed via the PIN for enrollment in public courses. This account will be established as the Client Learning Pass Account. The Training and Education Work Order will be used to identify the Learning Pass Credits to deduct from the Client Learning

Pass Account. BMC Software will provide the ordering activity a monthly statement that contains the balance in the Client Learning Pass Account, the amount of Learning Pass Credits used in the prior period, and a list of the individuals who attended courses along with the course titles.

8. FORMAT AND CONTENT OF TRAINING

a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.) normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class. All manuals, handbooks, texts, etc. provided as part of the course offer will remain licenses and copyrighted by BMC Software, Inc.

b. **If applicable** For hands-on training courses, there must be a one-to-one assignment of IT equipment to students.

c. The Contractor shall provide each student with a Certificate of Training at the completion of each training course.

d. The Contractor shall provide the following information for each training course offered:

(1) The course title and a brief description of the course content, to include the course format (e.g., lecture, discussion, hands-on training);

(2) The length of the course;

(3) Mandatory and desirable prerequisites for student enrollment;

(4) The minimum and maximum number of students per class;

(5) The locations where the course is offered;

(6) Class schedules; and

(7) Price (per student, per class (if applicable)).

e. For those courses conducted at the ordering activity’s location, instructor travel charges (if applicable), including mileage and daily living expenses, must comply with the Federal Travel Regulation or Joint Travel

Regulations, as applicable, in effect on the date(s) the travel is performed. Contractors cannot use GSA city pair contracts.

9. TERMS AND CONDITIONS FOR WEB-BASED TRAINING

Introduction to the Training

You have requested to purchase web-based training (the "Training") from BMC Software, Inc. ("BMC"). This

Training consists of several units that include reading materials, exercises, and learning activities (self-tests) designed to teach you the basic functions and capabilities of a BMC product. The Training is a self-paced activity;

the time required to complete the course is based on the pace you set and the time that you have available. BMC will provide the Training for a specified period during which you may take the Training as many times as you like and review certain parts of the Training as you wish. At the end of the designated period of availability you will no longer have access to the Training unless you choose to purchase the Training again. This designated period of time may vary, based on the type of Training you select; please refer to the course description pages for more information. You must agree to comply with all the terms and conditions below (the "Terms") in order to have access to the Training. You indicate your agreement with the Terms by clicking the "I Agree" button at the bottom

47QTCA18D0038 14 | P a g e of this page. Any new features that add to or enhance the Training will be subject to these Terms. You may not transfer your usage rights to the Training (including your User ID and Password) to another entity. If you have any questions regarding these Terms or Training, please contact BMC via email at education@bmc.com

Eligibility for the Training

In order to enter into these Terms and access the Training, you must have an email address and you must be able to enter into legally binding contracts under applicable law for legitimate business purposes, subject to additional limits contained in these Terms.

Training Registration

To obtain access to the Training, you must do the following:

• accept these Terms;

• complete the registration form; and

• pay the appropriate fees, using a credit card or BMC Learning Pass Credit(s);

You agree to provide BMC with correct, truthful and complete contact information, including your legal name, street address, email address, and telephone number. If you provide false contact information, or if you otherwise breach these Terms, BMC may terminate your access to the Training.

Site Content

The Training web site (the "Site") may contain information, data, software, text, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that are protected by applicable intellectual property law, including that of copyrights, trademarks and trade secrets. You agree not to directly or indirectly copy, distribute, modify, publish, transmit, sell, rent, lease or otherwise transfer, create derivative works from, or in any way use or exploit any of the Content or any part of the Content, except as BMC expressly authorizes you to do so in writing. Content includes but is not limited to items that are publicly posted and those that are privately transmitted.

Some of the Content may be the property of third parties. BMC is not responsible for and does not guarantee the accuracy or quality of such third-party Content. In addition, in using the Site and the Training, you may be exposed to third party Content that is be offensive, indecent or objectionable.

You agree that you bear all risks associated with the use of any Content and services, whether owned by BMC or a third party, including any reliance on the accuracy, quality or usefulness of such Content.

Through the Site, you may be exposed to hyperlinks to Web sites controlled by parties other than BMC. BMC is not responsible for and does not endorse or accept any responsibility over the content or use of these Web sites.

You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

Conduct while On-Line

You agree to use the Training and the Site only for lawful purposes. You agree not to create any Content or otherwise transmit any information or material that: (a) is false or misleading; (b) harasses another or invades their privacy; (c) promotes racism or hatred against any group; (d) is obscene; (e) infringes another's intellectual property rights; or (f) is spam. You agree not to collect or store personal data about other users of the Site unless

BMC expressly authorizes you to do so in writing.

Content is the sole responsibility of the person who originates such Content. In other words, you, not BMC, are entirely responsible for all Content that you upload, post, email or otherwise transmit to the Site ("Your Content").

You may upload Your Content to areas of the Site which are accessible to other subscribers (i.e. chat rooms, etc.)

("Public Areas"). If you upload Your Content to a Public Area, in doing so you grant BMC a perpetual, royalty-free, irrevocable, nonexclusive license to use, copy, modify, publish, transmit and distribute Your Content, in whole or in part, in any form, media or technology. If you are not the owner of any of Your Content you upload, then you warrant that the owner expressly grants BMC all of those same rights. You also warrant that all "moral rights" in

Your Content that you upload to a Public Area have been waived.

BMC protects Your Content that you enter into non-Public Areas of the Site, as outlined in the Privacy Policy posted on the Site.

mailto:education@bmc.com

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BMC does not pre-screen Your Content. However, BMC does retain the right (that it may or may not exercise, in its discretion) to (i) remove any Content or other information or material from the Site, regardless of whether the

Content is in Public Area or non-Public Areas of the Site and (ii) make changes to or discontinue any and/or all parts of the Site.

BMC agrees to investigate complaints that are brought to its attention concerning inappropriate use of the Site.

No Warranties

THE TRAINING, THE SITE, AND ALL CONTENT ON THE SITE, IS PROVIDED "AS IS" WITHOUT ANY WARRANTY

OF ANY KIND WHATSOEVER. BMC DOES NOT WARRANT THAT THE TRAINING WILL SATISFY YOUR

REQUIREMENTS, THAT THE TRAINING OR THE SITE IS WITHOUT DEFECT OR ERROR OR THAT THE

OPERATION OF SITE WILL BE UNINTERRUPTED. BMC DISCLAIMS ANY AND ALL REPRESENTATIONS OR

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH RESPECT TO THE TRAINING, THE

SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

Limitation of Liability

In no event shall BMC be liable to any party for any damages caused by your failure to perform your responsibilities under these Terms. Nor shall BMC be liable to any party for loss of profits, goodwill, lost computer time, destruction, damage or loss of data, or any other indirect, incidental or consequential damages from any cause arising out of or in any way connected with the Site, the Training or the Content. In no event shall BMC's liability for direct damages resulting from your use of the Site, the Training or the Content exceed the amount paid by the you for the Training. SOME COUNTRIES, TERRITORIES, STATES, PROVINCES OR SOVEREIGNTIES DO

NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL DAMAGES SO THE ABOVE

LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You hereby indemnify and hold harmless BMC from any and all losses, costs, claims, liabilities, suits, judgments, claims, demands, actions proceedings and expense, including, without limitation, reasonable attorney's fees, based upon or relating to your access to or use of the Training or the Site.

Privacy Policy

BMC's current privacy policy is posted on the Site.

Applicable Laws/Non-Waiver/Relationship between the Parties

These Terms, as well as all other matters regarding your access to and use of the Training, the Site and/or the

Content, shall be governed by Texas law. You agree to comply with all laws and regulations applicable to your use of the Site and the Training. If BMC fails to act with respect to a breach by you BMC does not by that inaction waive its right to act with respect to subsequent. The relationship between you and BMC is that of independent contractors; no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

Copyright/Trademarks

Please be aware that names appearing on the Site may be trademarks of their respective owners.

Export Restrictions

You agree to comply with all local rules and regulations regarding online conduct and acceptable Content.

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and you agree that U.S. export control laws and other applicable export and import laws govern your use of the Site and the Training, including technical data. You agree that you will not, directly or indirectly, export the Site or the Training nor any direct product thereof, in violation of these laws, and that you will not use the same for any purpose prohibited by these laws.

Learning Pass Credit (LPC) Redemption

BMC offers training to the ordering activity through the purchase of Learning Pass Credits (LPCs). Learning Pass

Credits may be purchased by the ordering activity in quantities to cover an individual student in a particular

47QTCA18D0038 16 | P a g e course or in significant quantities, at a discount, to cover the training needs of the ordering activities organization requirements over a period of time.

Once LPC’s are acquired by the ordering activity they can be redeemed for various training deliverables depending on the needs of the ordering activity. LPC’s can be redeemed at the time of purchase or in the future. LPC’s acquired by the ordering activity do not expire.

GSA LPC Redemption Rates UOM

LPC

Credits

Public Training (Not customized)

Instructor Led Classroom or Virtual Classroom Public Standard Course Daily Rate Per Person

Per Day 1.00

Instructor Led Classroom or Virtual Classroom Public Bootcamp Course Daily Rate Per Person

Per Day 1.50

Instructor Led Classroom or Virtual Classroom Public EXPERT Course Daily Rate Per Person

Per Day 1.50

Instructor Led Classroom or Virtual Classroom Workshop Daily Rate (no labs) Per Person

Per Day 0.75

(Prices Exclude Exams, See below) see below

Certification Exams

End of Course Exam Pricing per student

CERTIFICATION Exam fees, all levels, sold with course, 50% of standalone exams Per Person

Per Exam 50%

BMC Certified Associate - Online - End of Course EXAM (sold w/course) Per Person

Per Exam 0.50

BMC Certified Professional - Online Proctored - End of Course Exam (sold w/course)

Per Person

Per Exam 0.75

BMC Certified Expert - Online Proctored - End of course Exam (sold w/course) Per Person

Per Exam 1.00

Exam Retake fee - all levels - if first attempt was sold w/ course, use the above Per Person

Per Exam

Standalone Exam Pricing without Course per Student

BMC Certified Associate - Online - Standalone Exam Per Person

Per Exam 1.00

BMC Certified Professional - Online Proctored - Standalone Exam Per Person

Per Exam 1.50

BMC Certified Expert - Online Proctored - Standalone Exam Per Person

Per Exam 2.00

Exam Retake fee-all levels - first attempt was standalone, use standalone price Per Person

Per Exam 100%

Private Course Daily Rates include UP TO 10 Students (Not Customized)

(Prices Exclude Exams, See Above) see above

Private Virtual (Online) Course Daily Rates, no travel

Private Online Course - Up to 10 Students 10 Students

Per Day 8.00

Additional Per Student Daily Rate - Online and/or Onsite - Past 10 students Per student

Per Day 0.50

Private Customer Onsite Course Daily Rates, T&E included in rate

Private Onsite Course UP TO 10 Students, includes T&E rate 10 Students

Per Day 8.70

Additional Per Student Daily Rate - Online and/or Onsite - Past 10 students Per student

Per Day 0.50

EXPERT & Bootcamp Online: 1.5x of the Private Virtual (Online) Course

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GSA LPC Redemption Rates UOM

LPC

Credits

Private Online Expert Course or Bootcamp - Online - Up to 10 Students 10 Students

Per Day 12.00

Expert & Bootcamp - Additional Per Student Daily Rate - Online and/or Onsite - Past

10 students

Per student

Per Day 0.75

EXPERT & Bootcamp Onsite: 1.5x of the Onsite Course Daily Rates, T&E included in rate

Private Onsite Expert or Bootcamp - UP TO 10 Students - includes T&E rate Per Day 12.70

Expert & Bootcamp - Additional Per Student Daily Rate - Online and/or Onsite - Past

10 students

Per student

Per Day 0.75

Workshop Pricing: 0.75x of the Private Virtual (Online) Course rate, MUST ADD T&E at 1x for Onsite T&E

Delivery

(No labs)

Private Online Workshop (no labs) - Up TO 10 Students Per Day 6.00

Private Onsite Workshop (no labs) - UP TO 10 Students - includes T&E rate Per Day 6.70

Private Workshop (No Labs) - Additional Per Student Daily Rate - Online and/or

Onsite - Past 10 students Per Day 0.38

Web Based Courses (not customized)

Standard WBTPer Hour Per Hour 0.15

Assisted Self-Paced Courses (not customized)

ASP Course Daily Rate (per 6 hours of content) Per Day 1.00

Annual Education Subscriptions - Per Person and product (not customized)

EXPLORE Subscription, ANNUAL (365 days), per person Per Year FREE

ESSENTIAL Subscription, by Role, Annual (365 days), per person Per Year Varies, 1

- 5

ULTIMATE Subscription Single Year, ANNUAL (365 days), per person Per Year 10.00

ULTIMATE Subscription - fee per each added year in a single purchase, per person Per Year 7.50

ULTIMATE Subscription Single year RENEWAL, ANNUAL (365 day), per person Per Year 8.50

ULTIMATE Subscription, multi-year renewal, FEE PER YEAR, per person Per Year 7.50

Licensed Web Based Education Content - (RTC/no source)

Tier 1: Up to 100 Unique Users | per 1 hour of content | RTC Per Hour 2.88

Tier 2: Up to 250 Unique Users | per 1 hour of content | RTC Per Hour 5.42

Tier 3: Up to 500 Unique Users | per 1 hour of content | RTC Per Hour 10.73

Tier 4: Up to 1000 Unique Users | per 1 hour of content | RTC Per Hour 14.28

Tier 5: Unlimited license | per 1 hour of content | RTC Per Hour 20.03

UPGRADE PRICING (eligible for upgrades within one year of original purchase)

Tier 1: Up to 100 Unique Users | per 1 hour of content | RTC | UPGRADE Per Hour 0.72

Tier 2: Up to 250 Unique Users | per 1 hour of content | RTC | UPGRADE Per Hour 1.36

Tier 3: Up to 500 Unique Users | per 1 hour of content | RTC | UPGRADE Per Hour 2.68

Tier 4: Up to 1000 Unique Users | per 1 hour of content | RTC | UPGRADE Per Hour 3.57

Tier 5: Unlimited license | per 1 hour of content | RTC | UPGRADE Per Hour 5.01

Licensed Web Based Education Content incl Job Aides - (RTRC with Source

Files)

Tier 1: Up to 100 Unique Users | per 1 hour of content | RTRC Per Hour 3.65

Tier 2: Up to 250 Unique Users | per 1 hour of content | RTRC Per Hour 7.19

Tier 3: Up to 500 Unique Users | per 1 hour of content | RTRC Per Hour 14.28

Tier 4: Up to 1000 Unique Users | per 1 hour of content | RTRC Per Hour 21.47

Tier 5: Unlimited license | per 1 hour of content | RTRC Per Hour 28.55

UPGRADE PRICING (eligible for upgrades within one year of original purchase)

Tier 1: Up to 100 Unique Users | per 1 hour of content | RTRC | UPGRADE Per Hour 0.91

Tier 2: Up to 250 Unique Users | per 1 hour of content | RTRC | UPGRADE Per Hour 1.80

Tier 3: Up to 500 Unique Users | per 1 hour of content | RTRC | UPGRADE Per Hour 3.57

Tier 4: Up to 1000 Unique Users | per 1 hour of content | RTRC | UPGRADE Per Hour 5.37

47QTCA18D0038 18 | P a g e

GSA LPC Redemption Rates UOM

LPC

Credits

Tier 5: Unlimited license | per 1 hour of content | RTRC | UPGRADE Per Hour 7.14

Licensed Instructor Led Education Content (RTC with published files OR RTRC with Source Files)

ILT Content - Unlimited Internal Use - Right To Copy (RTC) (Per Day of Content) Per Day 29.77

ILT Content - Unlimited Internal Use - Right To Restyle & Copy (RTRC) (Per Day of

Content) Per Day 44.60

MY IT / DWP / SMART IT: End User Adoption Training and Communication

Videos

Adoption and Communication Video (DWP or Smart IT) 30.00

DWP End User Training, Customer Branded 75.00

SmartIT End User Training, Customer Branded 109.00

SmartIT End User Training, Customized 90.00

Customer Success Solution Enablement ***NEW FY21***

On PREMISE Customer Success Enablement Packages: LPC RATES

On PREM - Starter - Solution Enablement 33.40

On PREM - Intermediate - Solution Enablement 120.96

On PREM - Comprehensive - Solution Enablement 249.36

On PREMISE Customer Success Enablement Packages: LPC RATES

SaaS - Starter - Solution Enablement 23.40

SaaS - Intermediate - Solution Enablement 105.96

SaaS - Comprehensive - Solution Enablement 209.36

Custom Training Resource Daily Rates

Instructor Prep Days for tailored courses, Customized Course Development or

Education Program Management Days Per Day 2.00

Educational Needs Analysis, Does not include Instructor Travel and Expenses Per Day 2.50

Books, Labs, and Classroom Rental Rates

For books and lab days, student attendance required in same titled class

Self-Study Kit DAILY RATE for (Book with Lab), multiplied by duration of course days Per Day 0.70

Single Printed & Shipped Hard Copy Book 0.50

2-5 Printed & Shipped Hard Copy Books 1.00

6-10 Printed & Shipped Hard Copy Books 2.00

7 EXTRA LAB Days, consecutive days (5 work days), EXTENSION (to existing registration) 1.00

BMC Classroom Rental Daily Rate Per Day 1.00

BMC Partner Classroom Rental Daily Rate Per Day 1.50

Translation Services - Daily Rate Per Day 2.00

47QTCA18D0038 19 | P a g e

GSA PRICE LIST FOR TRAINING SERVICES

SPECIAL ITEM NUMBER 611420, INFORMATION TECHNOLOGY TRAINING

Part Number Product Name Quantity

Break Unit of

Measure GSA Price

ED0TR-019-E1-4040

BMC Software Learning Pass Credit (LPC), Up to 9, Each, Education-General Availability. Please refer to Conversion Rates table to determine the number of LPCs required for BMC training and…