MAS - Executive Business Services, Inc. - 47QTCA20D008H

GENERAL SERVICES ADMINISTRATION

Federal Supply Service

Authorized Federal Supply Schedule Pricelist

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.

MULTIPLE AWARD SCHEDULE

LARGE CATEGORY: INFORMATION TECHNOLOGY

SUBCATEGORY: IT SOFTWARE

Special Item Number 511210 Software Licenses

Includes both term and perpetual software licenses and maintenance. Includes operating system software, application software, EDI translation and mapping software, enabled email message-based applications, Internet software, database management applications, and other software.

The word "Term" is defined in this Solicitation as "a limited period of time". Term Software Licenses have a limited duration and are not owned in perpetuity. Unless Offerors provide an option for converting Term licenses into perpetual licenses, users lose the right to use these licenses upon the end of the term period.

This SIN is NOT Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS) as defined in SIN 518210C - Cloud and Cloud-Related IT Professional Services. Term Software Licenses are distinct from Electronic Commerce and Subscription Services (SIN 54151ECOM).

The word "perpetual" is defined in this Solicitation as "continuing forever, everlasting, valid for all time.”

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, online help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self-diagnostics.

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

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 under SIN 54151 Software Maintenance Services.

NOTE: Subject to Cooperative Purchasing

FSC/PSC Code: 7A21

LARGE CATEGORY: INFORMATION TECHNOLOGY

SUBCATEGORY: IT TRAINING

Special Item Number 611420 Information Technology Training

Includes training on hardware, software, cloud, and other applicable systems.

NOTE: Subject to Cooperative Purchasing

FSC/PSC Code: U012

Schedule Contract Number

47QTCA20D008H

For more information on ordering from Federal Supply Schedules, click on the FSS Schedules button at fss.gsa.gov.

Contract Period: April 2, 2020 through April 1, 2025

Contract current through: Modification PO-0013 effective November 16, 2023

Executive Business Services, Inc.

43398 Business Park Drive Temecula CA 92590-3665 951-693-0440 (telephone) 951-693-0446 (facsimile) www.propricer.com

Contractor Point of Contact for Contract Administration Michael Weaver

Director of Corporate Strategy Executive Business Services, Inc.

43398 Business Park Drive Temecula CA 92590

951-693-0440 (telephone) 951-693-0446 (facsimile) mweaver@propricer.com

A Veteran-owned Small Business

CUSTOMER INFORMATION

1a. Table of awarded Special Item Numbers:

Special Item Number 511210 Software Licenses Special Item Number 611420 Information Technology Training

1b. Identification of lowest priced model number and corresponding price for each awarded Special Item Number:

Special Item Number Part Number GSA Price with IFF

511210 PPGEW>10 $3,870.00

611420 Government Edition (GE) Onsite Training $7,865.93

1c. Identification of Software Licenses – SIN 511210:

Manufacturer Part Number Product Description GSA Price with IFF

PPAM

Annual software maintenance and telephone technical support. The published $0.01 price is not the Customer’s final price. The purchase price of the software maintenance is based on a Commercial List Price that is equal to 15.0% of the current GSA Price with IFF of the software license to be maintained/supported. Please contact Executive Business Services, Inc.

for assistance with calculating the purchase price of the software maintenance and additional product information.

$0.01

PPGEW01 ProPricer Government Edition (Workstation Client Subscription) - 1 $6,075.00

PPGEW02 ProPricer Government Edition (Workstation Client Subscription) - 2 $5,490.00

PPGEW03 ProPricer Government Edition (Workstation Client Subscription) - 3 $4,950.00

PPGEW04 ProPricer Government Edition (Workstation Client Subscription) - 4 $4,275.00

PPGEW05 ProPricer Government Edition (Workstation Client Subscription) - 5 $4,185.00

PPGEW10 ProPricer Government Edition (Workstation Client Subscription) - 10 $4,095.00

PPGEW>10 ProPricer Government Edition (Workstation Client Subscription) - > 10 $3,870.00

PPGEC20 ProPricer Government Edition (Concurrent Client Subscription) - 20 $9,137.50

PPGEC50 ProPricer Government Edition (Concurrent Client Subscription) - 21-50 $8,925.00

PPGEC51+ ProPricer Government Edition (Concurrent Client Subscription) - 51+ $8,674.36

1d. Identification of Training – SIN 611420

Course Number and Title: Government Edition (GE) Onsite Training Description of Course Content and Format: ProPricer Government Edition training covers the creation of an IGCE in ProPricer, restoring contractor data, technical evaluation, cost analysis, negotiation, and award.

Length of Course: 3 days Mandatory Prerequisites for Student Enrollment: ProPricer Licenses (Evaluation or Purchase) Desirable Prerequisites for Student Enrollment: None Location where Course is Offered: On-Site or Virtual Class Schedule(s): To be determined (based on modules selected and schedule/availability of attendees) Minimum/Maximum Number of Students per Course: Min: 1 Person; Max: 12 People.

Price (specify Student or Course): $7,865.94 per course.

2. Maximum Order:

Special Item Number 511210 $500,000 Special Item Number 611420 $250,000

3. Minimum Order: $100

4. Geographic Coverage: Domestic

5. Point of Production: Temecula, California USA

6. Discount from Commercial List Price or Market Rate:

The GSA Net Prices published on the GSA Advantage website reflect the fully burdened price. The negotiated discount has been applied and the Industrial Funding Fee has been added.

7. Quantity Discounts: None

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 Item(s): Not Applicable

10a. Time of Delivery: As negotiated with the Ordering Activity.

10b. Expedited Delivery: Please contact the Contract Administrator for availability and rates.

10c. Overnight and 2-day Delivery: Please contact the Contract Administrator for availability and rates.

10d. Urgent Requirements: Please contact the Contract Administrator for availability and rates.

11. F.O.B. Point: Destination

12a. Ordering Address:

Michael Weaver Director of Corporate Strategy Executive Business Services, Inc.

43398 Business Park Drive Temecula CA 92590 951-693-0440 (telephone) 951-693-0446 (facsimile) mweaver@propricer.com

12b. Ordering Procedures:

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

13. Payment Address:

Michael Weaver Director of Corporate Strategy Executive Business Services, Inc.

43398 Business Park Drive Temecula CA 92590 951-693-0440 (telephone) 951-693-0446 (facsimile) mweaver@propricer.com

14. Warranty Provision:

Special Item Number 511210 Please refer to Section 10.0 of the End User License Agreement, below Special Item Number 611420 Please refer to Section 4, Follow-Up Support, below.

15. Export Packing Charges: Not Applicable

16. Terms and conditions of Rental, Maintenance, and Repair: Not Applicable

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 Service: Not Applicable

19. List of Service and Distribution Points: Not Applicable

20. List of Participating Dealer: Not Applicable

21. Preventative Maintenance: Not Applicable

22a. Special Attributes such as Environmental Attributes (E.G., Recycled Content, Energy Efficiency, and/or Reduced Pollutants):

Not Applicable

22b. Section 508 Compliance Information:

Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT). The EIT standard can be found at: http:www.Section508.gov/.

23. Unique Entity Identifier (UEI): KGE8G54HBCK5

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

Contractor has a current registration in SAM.

25. Awarded Prices

Manufacturer Part Number Product Description GSA Price with IFF

PPAM

Annual software maintenance and telephone technical support. The published $0.01 price is not the Customer’s final price. The purchase price of the software maintenance is based on a Commercial List Price that is equal to 15.0% of the current GSA Price with IFF of the software license to be maintained/supported. Please contact Executive Business Services, Inc.

for assistance with calculating the purchase price of the software maintenance and additional product information.

$0.01

PPGEW03 Term Software ProPricer Government Edition (Workstation) - 3 $4,950.00

PPGEW04 Term Software ProPricer Government Edition (Workstation) - 4 $4,275.00

PPGEW05 Term Software ProPricer Government Edition (Workstation) - 5 $4,185.00

PPGEW10 Term Software ProPricer Government Edition (Workstation) - 10 $4,095.00

PPGEW>10 Term Software ProPricer Government Edition (Workstation) - > 10 $3,870.00

PPGEC20 Term Software ProPricer Government Edition (Concurrent) - 20 $9,137.50

PPGEC50 Term Software ProPricer Government Edition (Concurrent) - 21-50 $8,925.00

PPGEC51+ Term Software ProPricer Government Edition (Concurrent) - 51+ $8,674.36

Special Item Number Part Number GSA Price with IFF

611420 Government Edition (GE) Onsite Training $7,865.93

26. Commercial Supplier Agreement:

The End User License Agreement – ProPricer Government Edition follows the terms and conditions for SIN 611420, below.

INFORMATION TECHNOLOGY CATEGORY

IT SOFTWARE SUBCATEGORY

SPECIAL ITEM NUMBER 511210

SOFTWARE LICENSES

1) Technical Support: Without additional charge to the ordering activity, shall provide a hot line technical support number for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number shall be available during specified hours.

a) Technical Support Hotline: 800-507-9980; 8 am to 5 pm Pacific, Monday through Friday.

Email: support@propricer.com

2) Descriptions and Equipment Compatibility:

a) ProPricer Government Edition - Avoid unnecessary time spent by Government contracting personnel in creating electronic models. ProPricer Government Edition government proposal management software can eliminate the modeling process and facilitate constructive communications between the Government and the contractor during proposal evaluation, fact-finding, and negotiations. Our database architecture allows for the import of an instantaneously organized view of the proposal cost and pricing data—with the contractor’s fully-functional cost model intact and ready to use. Get to the objective position faster with the ability to modify proposal rates and estimates at the level of your choice, allowing you to compare multiple versions of the proposal to the original.

3) Right-to-Copy Pricing: Not offered.

4) Utilization Limitations

a) Software acquisition is limited to commercial computer software defined in FAR Part 2.101.

b) When acquired by the ordering activity, commercial computer software and related documentation shall be subject to the following:

i) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified.

ii) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

iii) Except as provided above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.

iv) The ordering activity shall have the right to use the software and documentation with the run-time computing environment (e.g. operating system, virtual machine, mobile operating system, processor etc.) to be specifically identified for which it is acquired at any other facility/user device to which that time computing environment may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site/user device if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the software and documentation with a backup time computing environment when the primary is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site/user for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.

v) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend.

vi) Licensee Data belongs exclusively to Licensee, regardless of where the Data may reside at any moment in time including, but not limited to Licensor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from time to time. Licensor makes no claim to a right of ownership in Licensee Data. Licensor agrees to keep the Licensee Data Confidential as that term is defined in the relevant FAR and DFARS provisions pertaining to Confidential Information and Confidentiality. Licensor is not permitted to use Licensee’s data for a purpose that is not explicitly granted in writing by Licensee. Upon Licensee request, for any reason whatsoever, Licensor must promptly return all Licensee Data in Licensor’s possession in a format as may be designated at the time of request by Licensee.

vii) Licensee may create or hire others (including Licensor) to create modifications, customizations or other enhancements to the Software which might be classified as “Derivative Works” of the software. Unless otherwise negotiated and mutually agreed upon at the order level, the intellectual property (IP) rights to the Derivative Works shall be owned by the owner of the underlying intellectual property. The Derivative Work[s] shall be made available to the Licensee through a royalty free, perpetual worldwide, no charge license to the Licensee.

5) 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.

Section 5 is not applicable as Term Software Licenses are not offered.

6) Term License Cessation

a) Term licenses are not eligible for conversion to a perpetual license 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) 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.

Section 6 is not applicable as Term Software Licenses are not offered.

7) Utilization Limitations for Perpetual Licenses

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

i) 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

ii) 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)

i) 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.

ii) 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.

iii) 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.

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

v) 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.

vi) 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.

vii) When software assets are eligible for transfer, and are fully covered under pre- paid Software Maintenance Services (SIN 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.

viii) 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.

The software assets are not eligible for transfer.

8) 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.

INFORMATION TECHNOLOGY CATEGORY

IT TRAINING SUBCATEGORY

SPECIAL ITEM NUMBER 611420

INFORMATION TECHNOLOGY TRAINING

1) Prepaid training tokens, credits, etc. shall not be permitted on this SIN.

2) Offerors 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 the IT Category.

3) 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.

4) 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.

5) Format And Content Of Training

a) Offerors 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) Contractors shall provide each student with a Certificate of Training at the completion of each training course.

d) 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.

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

6) “No Charge” Training: Not offered.