MAS - Pharos Group, Inc. - 47QTCA19D0078

General Services Administration Federal Supply Service Authorized Federal Supply Schedule Pricelist Contract: 47QTCA19D0078

Pharos Group, Inc.

6 Bullrush Court Stafford, VA, 22554-850 540-645-1861 (Tel)

Email address: tciampaglio@pharosgroupinc.com Website: http://pharosgroupinc.com/

Category F, Information Technology (IT) Subcategories

• F02, IT Hardware

• F03, IT Services

• F04, IT Software

• F06, IT Training

For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at http://www.gsa.gov/schedules-ordering

Contract current through modification A812, dated February 2, 2020.

47QTCA19D0078 pg. i Modification A812, February 2, 2020.

AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST

CATEGORY F, INFORMATION TECHNOLOGY

Pharos Group, Inc.

6 Bullrush Court

Stafford, VA, 22554-850 540-645-1861 (Tel)

Contract Administrator: Timothy Ciampaglio Email address: tciampaglio@pharosgroupinc.com

Website: http://pharosgroupinc.com/

Contract Number: 47QTCA19D0078 Period Covered by Contract: March 6, 2019 through March 5, 2024

General Services Administration Federal Supply Service

Pricelist current through modification A812, Dated February 2, 2020.

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: GSAAdvantage.gov.

mailto:tciampaglio@pharosgroupinc.com http://pharosgroupinc.com/

47QTCA19D0078 pg. ii Modification A812, February 2, 2020.

CONTENTS

1. INFORMATION FOR ORDERING ACTIVITIES

2. TERMS AND CONDITIONS APPLICABLE TO SPECIAL ITEM NUMBER (SIN)

33411, PURCHASING OF NEW ELECTRONIC EQUIPMENT

3. TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SPECIAL

ITEM NUMBER 511210), SOFTWARE LICENSES

4. TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY

TRAINING (SPECIAL ITEM NUMBER 611420)

5. TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY

(IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 54151S)

- DESCRIPTION OF IT SERVICES ......................................................................... 20-27

- Table of Education and Experience Substitution

6. TERMS AND CONDITIONS APPLICABLE TO HEALTH INFORMATION

TECHNOLOGY PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER

54151HEAL)

- DESCRIPTION OF HEALTH IT SERVICES ........................................................ 31-36

- Table of Education and Experience Substitution

7. AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST .............................. 37-42

- SIN 33411, Purchasing of New Electronic Equipment

- SIN 511210, Software Licenses

- SIN 611420, Information Technology Training

- SIN 54151S, IT Professional Services

- SIN 54151HEAL Health IT Professional Services

47QTCA19D0078 pg. 1 Modification A812, February 2, 2020.

1. INFORMATION FOR ORDERING ACTIVITIES

1. SPECIAL ITEM NUMBERS (SINS)

a. Table of awarded Special Item Numbers (SINs)

Special Item Number

FSC Class/FPDS Code Products/Services

33411, 33411

STLOC, RC

Purchase of New Equipment

FSC/PSC Class 5805 Telephone and Telegraph Equipment

Audio and Video Teleconferencing Equipment Special Physical, Visual, Speech, and Hearing Aid Equipment

FSC/PSC Class 5810 Communications Security Equipment and Components

Communications Security Equipment Special Physical, Visual, Speech, and Hearing Aid Equipment

FSC/PSC Class 5830 Intercommunication and Public Address Systems, Except Airborne

Pagers and Public Address Systems (wired and wireless transmission, including background music systems)

FSC/PSC Class 5895 Miscellaneous Communication Equipment

Miscellaneous Communications Equipment Special Physical, Visual, Speech, and Hearing Aid Equipment

FSC/PSC Class 7025 ADP Input/Output and Storage Devices

Display Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens Network Equipment Optical Recognition Input/Output Devices Other Communications Equipment Other Input/Output and Storage Devices Not Elsewhere Classified.

Provide specific information.

Printers Special Physical, Visual, Speech, and Hearing Aid Equipment Storage Devices, including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage

FSC/PSC Class 7035 ADP

SUPPORT EQUIPMENT

ADP Support Equipment Special Physical, Visual, Speech, and Hearing Aid Equipment

FSC/PSC Class N058 Installation of Equipment

Deinstallation for equipment offered under SIN 33411

47QTCA19D0078 pg. 2 Modification A812, February 2, 2020.

Special Item Number

FSC Class/FPDS Code Products/Services

Communication, Detection, and Coherent Radiation

Installation for equipment offered under SIN 33411 Reinstallation for equipment offered under SIN 33411

FSC/PSC Class N070 Installation of Equipment- ADP Equipment/ Software/ Supplies/Support Equipment

Deinstallation for equipment offered under SIN 33411 Installation for equipment offered under SIN 33411 Reinstallation for equipment offered under SIN 33411

511210, 511210

STLOC, RC

Software Licenses

FSC/PSC Class 7030 ADP Software

Ancillary Financial Systems Software Application Software Communications Software Core Financial Management Software

611420, 611420

STLOC, RC

Information Technology Training

FSC/PSC Class U012 Education/ Training- Information Technology/ Telecommunications Training

Training Courses for Information Technology Equipment and Software

54151S, 54151S

STLOC, RC

IT Professional Services

54151HEAL,

54151HEAL

STLOC, RC

Health IT Professional Services

FSC/PSC Class D302 ADP Systems Development Svcs

Systems Development Services

FSC/PSC Class D306 ADP Systems Analysis Svcs

Systems Analysis Services

FSC/PSC Class D307 Automated Information System Svcs

Automated Information Systems Services

FSC/PSC Class D308 Programming Svcs

Programming Services

FSC/PSC Class D310 ADP Backup and Security Svcs

Backup and Security Services

FSC/PSC Class D311 ADP Data Conversion Svcs

Data Conversion Services

FSC/PSC Class D316 Telecommunication Network Mgmt Svcs

IT Network Management Services

FSC/PSC Class D399 Other ADP & Telecommunications Svcs

Other Information Technology Services, Not Elsewhere Classified

b. Prices shown in the pricelist are net.

47QTCA19D0078 pg. 3 Modification A812, February 2, 2020.

c. A description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who perform services are provided beginning on page 11.

2. MAXIMUM ORDER

a. The Maximum Order for the following Special Item Numbers (SIN) is $500,000.

SIN 33411, 33411 STLOC, RC – Purchasing of New Electronic Equipment SIN 511210, 511210 STLOC, RC – Software Licenses SIN 54151S, 54151S STLOC1, RC – IT Professional Services SIN 54151HEAL, 54151HEAL STLOC, RC Health IT Professional Services

b. The Maximum Order for the following SINs is $250,000.

611420, 611420 STLOC, RC - Information Technology Training

3. MINIMUM ORDER

a. The minimum dollar of orders to be issued is $100.00

4. GEOGRAPHIC COVERAGE (delivery area) Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories.

The Geographic Scope of Contract is domestic and overseas delivery.

5. POINT(S) OF PRODUCTION

Pharos Group, Inc.

6 Bullrush Court

Stafford, VA, 22554-850 540-645-1861 (Tel)

6. Prices shown are NET Prices; Basic Discounts have been deducted.

7. QUANTITY DISCOUNTS

a. Quantity – None

b. Dollar Volume – None

8. PROMPT PAYMENT: 0% 30 days from receipt of invoice or date of acceptance, whichever is later. Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

9. GOVERNMENT PURCHASE CARDS

a. Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders.

47QTCA19D0078 pg. 4 Modification A812, February 2, 2020.

b. Credit cards are acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice.

10. FOREIGN ITEMS: Not applicable.

11. DELIVERY SCHEDULE

a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below.

Special Item Number Delivery Time (Days ARO)

33411, 33411 STLOC, RC

Purchase of New Equipment

30 days

511210, 511210 STLOC, RC

Software Licenses

30 days or as TBD between Pharos and the Ordering Activity

611420, 611420 STLOC, RC

IT Training

TBD between Pharos and the Ordering Activity

54151S, 54151S STLOC, RC,

IT Professional Services

TBD between Pharos and the Ordering Activity

54151HEAL, 54151HEAL

STLOC, RC Health IT Professional Services

TBD between Pharos and the Ordering Activity

b. EXPEDITED DELIVERY: As negotiated between Pharos and the Ordering Activity.

c. OVERNIGHT AND 2-DAY DELIVERY: As negotiated between Pharos and the Ordering Activity.

d. URGENT REQUIREMENTS: As negotiated between Pharos and the Ordering Activity.

12. FOB: Destination

13. ORDERING INFORMATION

a. Agencies should address all orders to the following address.

Pharos Group, Inc.

6 Bullrush Court

Stafford, VA, 22554-850 540-645-1861 (Tel)

Email address: tciampaglio@pharosgroupinc.com

b. 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.

14. PAYMENT INFORMATION

a. Agencies should address all payments to the following address.

mailto:tciampaglio@pharosgroupinc.com

47QTCA19D0078 pg. 5 Modification A812, February 2, 2020.

Pharos Group, Inc.

6 Bullrush Court

Stafford, VA, 22554-850 540-645-1861 (Tel)

b. The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance: 301-645-1861

15. WARRANTY PROVISION: Standard Commercial Warranty.

16. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: Not applicable

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD

ACCEPTANCE ABOVE THE MICROPURCHASE THRESHOLD

Pharos accepts Government purchase cards for payments equal to or greater than the micro-purchase for oral or written orders under this contract. The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold (See GSAR 552.232-79 Payment by Credit Card). In addition, bank account information for wire transfer payments is shown on the invoice.

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (if applicable). Not Applicable

19. TERMS AND CONDITIONS OF INSTALLATION (if applicable). Not applicable

20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF

PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (if applicable). Not applicable

20A. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (if applicable). Not applicable

21. LIST OF SERVICE AND DISTRIBUTION POINTS (if applicable). Not applicable

22. LIST OF PARTICIPATING DEALERS (if applicable). Not applicable

23. PREVENTIVE MAINTENANCE (if applicable). Not Applicable

24. ENVIRONMENTAL ATTRIBUTES:

a. None

b. Section 508 compliance information, where applicable is available on the following website. http://pharosgroupinc.com/ The EIT standard can be found at: www.Section508.gov/.

25. DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 826860277

26. Contractor HAS registered with the System for Award Management (SAM).

http://pharosgroupinc.com/ http://www.section508.gov/

47QTCA19D0078 pg. 6 Modification A812, February 2, 2020.

2. TERMS AND CONDITIONS APPLICABLE TO SPECIAL ITEM NUMBER (SIN)

33411, PURCHASING OF NEW ELECTRONIC EQUIPMENT SUBJECT TO

COOPERATIVE PURCHASING

1. MATERIAL AND WORKMANSHIP

All equipment furnished hereunder must satisfactorily perform the function for which it is intended.

2. ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible.

3. TRANSPORTATION OF EQUIPMENT

FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.

4. INSTALLATION AND TECHNICAL SERVICES

a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule.

b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis- Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract.

However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirement of the Davis-Bacon Act applies.

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 33411 or SIN 33411REF.

47QTCA19D0078 pg. 7 Modification A812, February 2, 2020.

c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.

5. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

6. WARRANTY

a. Unless specified otherwise in this contract, the Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows:

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.

8. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer.

9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).

47QTCA19D0078 pg. 8 Modification A812, February 2, 2020.

3. TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SPECIAL

ITEM NUMBER 511210), SOFTWARE LICENSES

1. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. Inspection of services is in accordance with 552.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS (OCT 2018) (DEVIATION – FEB 2007) (DEVIATION - FEB 2018) for Firm-Fixed Price orders; or GSAR 552.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (OCT 2018) (DEVIATION - FEB 2018) (ALTERNATE I - JAN 2017)

(DEVIATION - FEB 2007) for Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

2. COMMERCIAL SUPPLIER AGREEMENTS

Commercial Supplier Agreements to include Enterprise User License Agreements or Terms of Service (TOS) agreements. The Contractor shall provide all Commercial Supplier Agreements to include Enterprise User License Agreements or Terms of Service (TOS) agreements in an editable Microsoft Office (Word) format for review prior to award.

3. GUARANTEE/WARRANTY

a. The Contractor’s commercial guarantee/warranty shall be included in the Commercial Supplier Agreement to include Enterprise User License Agreements or Terms of Service (TOS) agreements.

b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

If no implied warranties are given, an express warranty of at least 60 days must be given in accordance with FAR 12.404(b)(2).

c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.

4. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number: 540-645-1861, for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9:00 a.m. to 5:30 p.m. Eastern time.

5. SOFTWARE MAINTENANCE

a. Software maintenance as it is defined: (select software maintenance type):

1. Software Maintenance as a Product (SIN 511210)

47QTCA19D0078 pg. 9 Modification A812, February 2, 2020.

Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and Frequently Asked Questions (FAQ’s), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self-diagnostics.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance services.

Software Maintenance as a product is billed at the time of purchase.

2. Software Maintenance Services (SIN 54151) Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on- line technical support, customized support, and/or technical expertise which are charged commercially.

Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324.

b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. § 3324). PROMPT PAYMENT

DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

6. PERIODS OF TERM LICENSES (SIN 511210)

a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time.

b. Term licenses may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.

c. Annual Funding. When annually appropriated funds are cited on an order for term licenses, the period of the term licenses shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses orders citing the new appropriation shall be required, if the term licenses is to be continued during any remainder of the contract period.

d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for funds in excess of a 12-month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years.

47QTCA19D0078 pg. 10 Modification A812, February 2, 2020.

e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order if the term licenses is to be terminated at that time. Orders for the continuation of term licenses will be required if the term licenses are to be continued during the subsequent period.

7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE

a. When standard commercial practice offers conversions of term licenses to perpetual licenses, and an ordering activity requests such a conversion, the contractor shall provide the total amount of conversion credits available for the subject software within ten (10) calendar days after placing the order.

b. When conversion credits are provided, they shall continue to accrue from one contract period to the next, provided the software has been continually licensed without interruption.

c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license.

d. When conversion from term licenses to perpetual licenses is offered, the price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to a percentage of all term license payments during the period that the software was under a term license within the ordering activity.

8. TERM LICENSE CESSATION

a. After a software product has been on a continuous term license for a period of

______ (Fill-in the period of time.) months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited. Contractors who do not commercially offer conversions of term licenses to perpetual licenses shall indicate that their term licenses are not eligible for conversion at any time.

b. Each separately priced software product shall be individually enumerated, if different accrual periods apply for the purpose of perpetual license attainment.

c. Fill-in data and specific terms shall be attached to the GSA Price List (I-FSS-600

CONTRACT PRICE LISTS (OCT 2016)).

d. The Contractor agrees to provide updates and software maintenance services for the software after a perpetual license has accrued, at the prices and terms of SIN 54151 – Software Maintenance Services, if the licensee elects to order such services. Title to the software shall remain with the Contractor.

47QTCA19D0078 pg. 11 Modification A812, February 2, 2020.

9. UTILIZATION LIMITATIONS - (SIN 511210)

a. Software Asset Identification Tags (SWID) (Option 1 Perpetual License)

1. Option 1 is applicable when the Offeror agrees to include the International Organization for Standardization/International Electrotechnical Commission 19770-2 (ISO/IEC 19770- 2:2015) standard identification tag (SWID Tag) as an embedded element in the software. An ISO/IEC 19970- 2 tag is a discoverable identification element in software that provides licensees enhanced asset visibility. Enhance visibility supports both the goals of better software asset management and license compliance.

Offerors may use the National Institute of Standards and Technology (NIST) document “NISTIR 8060: Guidelines for Creation of Interoperable Software Identification (SWID) Tags,” December 2015 to determine if they are in compliance with the ISO/IEC 19770-2 standard.

2. Section 837 of The Federal Information Technology Acquisition Reform Act (FITARA) of 2014, requires GSA to seek agreements with software vendors that enhance government- wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. The Megabyte Act of 2016 requires agencies to inventory software assets and to make informed decisions prior to new software acquisitions. In June of 2016, the Office of Management and Budget issued guidance on software asset management requiring each CFO Act (Public Law 101-576 – 11/15/1990) agency to begin software inventory management (M-16-12). To support these requirements, Offerors may elect to include the terms of Option 1 and/or Option 2, which support software asset management and government-wide reallocation or transferability of perpetually licensed software.

b. Reallocation of Perpetual Software (Option 2 Perpetual License)

1. The purpose of SIN 511210 OPTION 2 is to allow ordering activities to transfer software assets for a pre-negotiated charge to other ordering activities.

2. When an ordering activity becomes aware that a reusable software asset may be available for transfer, it shall contact the Contractor, identify the software license or licenses in question, and request that these licenses be reallocated or otherwise made available to the new ordering activity.

3. Contractors shall release the original ordering activity from all future obligations under the original license agreement and shall present the new ordering activity with an equivalent license agreement. When the new ordering activity agrees to the license terms, henceforth any subsequent infringement or breach of licensing obligations by the new ordering activity shall be a matter exclusively between the new ordering activity and the Contractor.

4. The original ordering activity shall de-install, and/or make unusable all of the software assets that are to be transferred. It shall have no continuing right to use the software and any usage shall be considered a breach of the

47QTCA19D0078 pg. 12 Modification A812, February 2, 2020.

Contractor’s intellectual property and a matter of dispute between the original ordering activity/original license grantee and the licensor.

5. As a matter of convenience, once the original licenses are deactivated, di-installed, or made otherwise unusable by the original ordering activity or license grantee, the Contractor may elect to issue new licenses to the new ordering activity to replace the old licenses. When new licenses are not issued, the Contractor shall provide technical advice on how best to achieve the functional transfer of the software assets.

6. Software assets that are eligible for transfer that have lapsed Software Maintenance Services (SIN 54151) may require a maintenance reinstatement fee, chargeable to the new ordering activity or license grantee. When such a fee is paid, the new ordering activity shall receive all the rights and benefits of Software Maintenance Services.

7. When software assets are eligible for transfer, and are fully covered under pre-paid Software Maintenance Services (54151), the new ordering activity shall not be required to pay maintenance for those license assets prior to the natural termination of the paid for maintenance period. The rights associated with paid for current Software Maintenance Services shall automatically transfer with the software licenses without fee. When the maintenance period expires, the new ordering activity or license grantee shall have the option to renew maintenance.

8. The administrative fee to support the transfer of licenses, exclusive of any new incremental licensing or maintenance costs shall be ______ percentage (%) of the original license fee. The fee shall be paid only at the time of transfer. In applying the transfer fee, the Software Contractor shall provide transactional data that supports the original costs of the licenses.

10. SOFTWARE CONVERSIONS - (SIN 511210)

Software Conversions: Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as a result of a change in operating system, or from one computer system to another. Under a perpetual license, the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license, if conversion credits had accrued while the earlier version was under a term license, those credits shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.

11. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

The Contractor shall include, in the schedule pricelist, a complete description of each software product including the operating systems on which the software can be used. Also included shall be a brief, introductory explanation of the modules and documentation which are offered.

12. RIGHT-TO-COPY PRICING

The Contractor shall insert the discounted pricing for right-to-copy licenses, if commercially available.

47QTCA19D0078 pg. 13 Modification A812, February 2, 2020.

4. TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY

TRAINING (SPECIAL ITEM NUMBER 611420)

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.

2. ORDER

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 student's name, course title, course date and time, and contracted dollar amount of the course.

3. TIME OF DELIVERY

The Contractor shall conduct training on the date (time, day, month, and year) agreed to by the Contractor and the ordering activity.

4. CANCELLATION AND RESCHEDULING

a. The ordering activity will notify the Contractor at least seventy-two (72) hours 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.

b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified 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.

5. FOLLOW-UP SUPPORT

The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one (1) year from the completion of the training course. During this period, the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions.

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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.

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.

8. FORMAT AND CONTENT OF TRAINING

a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.) normally provided with course offerings, printed and copied two-sided on paper containing 30%postconsumer materials (fiber). Such documentation will become the property of the student upon completion of the training class.

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 courses conducted at the ordering activity’s location, instructor travel charges (if applicable), including mileage and daily living expenses (e.g., per diem charges) are governed by Pub. L. 99-234 and FAR Part 31.205-46, and are reimbursable by the ordering activity on orders placed under the Multiple Award Schedule, as applicable, in effect on the date(s) the travel is performed. The Industrial Funding Fee does NOT apply to travel and per diem charges.

f. For Online Training Courses, a copy of all training material must be available for electronic download by the students.

9. “NO CHARGE” TRAINING

The Contractor shall describe any training provided with equipment and/or software provided under this contract, free of charge, in the space provided below.

None

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10. DESCRIPTION

Course Title

Description Duration Prerequisites Minimum/ Maximum # of Students Per Class

Location of Course

Type of Training

Balanced Scorecard Champion Technical Training

This course teaches the basics needed to act a balanced scorecard champion within the Agency or organization in which the student works. The course offers a general overview of the Balanced Scorecard, where it originated, why it is applicable to their organizational information technology I(IT) needs, and what each part does and means to them. The course then delves into the specific parts of the balanced scorecard, how to facilitate the development of each part, what to get out of each part, and how to use each part in the running of an organization.

From there, we teach how to take an organization from where they are in their IT strategic planning journey to a balanced scorecard using our unique methodology. We then show how to technically transfer the strategy into a software tool and how to manage the organization through the use of a software tool and model and how to sustain that tool and model over time so it remains relevant and current to the organization.

2 days A general understanding of IT strategic planning

1 - 20 On or Offsite;

domestically in the United States, and internationally throughout the world.

Classroom

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5. TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 54151S)

1. SCOPE

a. The prices, terms and conditions stated under Special Item Number 54151S

Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Federal Supply Schedule

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

2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives (April 2000)

a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract.

b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

3. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

4. PERFORMANCE OF SERVICES

a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity.

b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity.

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c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner.

d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

a. The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the

Termination for Convenience of the Government, clause of this contract.

b. If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

c. If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

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d. If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES

In accordance with 552.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) (DEVIATION – FEB 2007) (DEVIATION - FEB 2018) for Firm-Fixed Price orders and 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (OCT 2018) (DEVIATION - FEB 2018) (ALTERNATE I - JAN 2017) (DEVIATION -

FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data – General, may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services.

9. INDEPENDENT CONTRACTOR

All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity.

10. ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions.

“Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

“Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that

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might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508.

11. INVOICES

The Contractor, upon completion of the work ordered, shall submit invoices for IT Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month.

12. PAYMENTS

For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I

– OCT 2008) (DEVIATION I –FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition. As prescribed in 16.601(e)(3), insert the following provision:

a. The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

b. The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

13. RESUMES

Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request.

14. INCIDENTAL SUPPORT COSTS

Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the

FAR.

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15. APPROVAL OF SUBCONTRACTS

The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order.

16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING

Senior Program Manager

Functional Responsibilities: Responsible for overall program management from inception to delivery and ensures that projects are implemented, developed, and delivered in a timely and fiscally responsible manner. Provides functional and technical leadership to engineering staff and guidance to management. Establishes metrics and ensures that quality assurance practices are implemented with regard to overall contracts. Develops and implements program improvement plans.