Federal Supply Schedule 47QTCA22D00D9

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Attached to: Federal Supply Schedule 47QTCA22D00D9 Federal contract IDV
Contract number: 47QTCA22D00D9
Issued by: GSA Federal Acquisition Service

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Written by GovTribe AI · Dec 22, 2023

This document outlines the terms and conditions of a multiple award federal supply schedule contract held by NEXGEN Asset Management. The contract, awarded on September 17, 2022 under GSA Federal Acquisition Service, runs through September 16, 2027. It provides for software and professional services in the areas of information technology, asset management, and software development. Pricing is provided for NEXGEN's cloud-based asset management software in various tiers defined by the number of users and storage/data transfer allowances. Additional software offerings include service request portal and contractor portal applications. Approved labor categories cover positions such as project managers, software developers, and asset management specialists. Standard terms and conditions apply regarding proprietary rights, confidentiality, limitations of liability, and general provisions.

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GENERAL SERVICES ADMINISTRATION

Federal Supply Service Authorized Federal Supply Schedule Price List

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

Schedule for Multiple Award Schedule Contract Number: 47QTCA22D00D9

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

Contract Period: Sept. 17, 2022 – Sept.16, 2027 Effective as of Mod #1, Dated Sept. 17, 2022

Contractor: NEXGEN Asset Management

281 SWIFTS STATION DRIVE

Carson City, NV 89705

Business Size: Small Business

Telephone: 757-619-1968 Web Site: http://nexgenam.com E-mail: jklegseth@nexgenam.com Contract Administration: Joseph Klegseth

CUSTOMER INFORMATION:

1a. Table of Awarded Special Item Number(s) with appropriate cross-reference to page numbers:

SIN SIN Description 54151S Information Technology Professional Services 54151ECOM Electronic Commerce and Subscription Services

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, or any other concession affecting price. Those 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. See Below.

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, indicate “Not applicable” for this item. See Below.

2. Maximum Order: 54151S, 54151ECOM $500,000

3. Minimum Order: $100.00

4. Geographic Coverage (delivery Area): Domestic; 48 States, DC

5. Point(s) of production (city, county, and state or foreign country): Same as company address

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

7. Quantity discounts: 1% on orders above $250K and an additional .5% on orders above $500K

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 (list items by country of origin): None

10a. Time of Delivery (Contractor insert number of days): Specified on the Task Order

10b. Expedited Delivery. The Contractor will insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The Contractor may use a symbol of its choosing to highlight items in its price list that have expedited delivery: Contact Contractor

10c. Overnight and 2-day delivery. The Contractor will indicate whether overnight and 2-day delivery are available. Also, the Contractor will indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery: Contact Contractor

10d. Urgent Requirements. The Contractor will note in its price list the “Urgent Requirements” clause of its contract and advise agencies that they can also contact the Contractor’s representative to affect a faster delivery: Contact Contractor

11. F.O.B Points(s): Destination

12a. Ordering Address(es): Same as Contractor

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

13. Payment address(es): Same as company address

14. Warranty provision.: Contractor’s standard commercial warranty.

15. Export Packing Charges (if applicable): N/A

16. Terms and conditions of rental, maintenance, and repair (if applicable): N/A

17. Terms and conditions of installation (if applicable): N/A

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

18a. Terms and conditions for any other services (if applicable): N/A

19. List of service and distribution points (if applicable): N/A

20. List of participating dealers (if applicable): N/A

21. Preventive maintenance (if applicable): N/A

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

22b. If applicable, indicate that Section 508 compliance information is available on Electronic and

Information Technology (EIT) supplies and services and show where full details can be found (e.g. contactor’s website or other location.) The EIT standards can be found at:

www.Section508.gov/.

23. SAM Unique Entity ID: CQT2KHF7JSE9

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

Registered

NEXGEN Asset Management Software License Agreement

Licensee This Agreement, effective as of ________________, 20____, ("Agreement") is between NEXGEN Utility Management, Inc. ("NEXGEN"), and _________________ ("LICENSEE"), a company with an office at

RECITALS

Whereas, NEXGEN owns certain software programs, referred to collectively as the NEXGEN Asset Management® (NEXGEN AM) products; Whereas, Licensee desires to use those programs, while protecting the copyrights, trade secrets, confidential information, and other valuable intellectual property contained in the programs.

Now, therefore, NEXGEN and Licensee agree as follows:

1. DEFINITIONS

"Program(s)" means the object code version of the software programs and related documentation provided by NEXGEN to Licensee at any time under terms of this agreement.

"Users" means the number of users (i.e., the number of users using the Program at one time) permitted to use a Program.

“Domains” means the number of individual database setups that can be accessed by a Program.

2. LICENSE GRANT

License of Program(s). Subject to the terms and conditions of this Agreement NEXGEN grants Licensee a nonexclusive, nontransferable license to use the object code version of the Program(s) during the term of this Agreement.

Limited Grant. Except as expressly set forth in this Section 2, NEXGEN grants and Licensee receives no right, title or interest in or to the Program(s) or any other deliverables provided by NEXGEN in connection with this Agreement.

3. LICENSE RESTRICTIONS

No Reverse Engineering. Licensee will not disassemble, decompile, reverse analyze, or reverse engineer the Program(s).

No Modification. Licensee will not modify the Program(s).

No Copying. Licensee will not copy the Program(s), in whole or in part.

No Third Party Use. Licensee will not use the Program(s) in any manner to provide services to any third parties.

4. PROPRIETARY RIGHTS

NEXGEN Property. The Program(s), in whole and in part and all copies thereof, are and will remain the sole and exclusive property of NEXGEN.

Proprietary Notices. Licensee will not delete or alter any copyright, trademark, and other proprietary rights notices of NEXGEN and its licensors appearing on the Program(s). Licensee agrees to reproduce such notices on all copies it makes of the Program(s).

5. CONFIDENTIAL INFORMATION

Definition. "Confidential Information" refers to: (i) the Program(s), including, but not limited to their software source code, and any related documentation or technical or design information related to the Program(s); (ii) the business or technical information of NEXGEN, including but not limited to any information relating to NEXGEN's product plans, designs, costs, product prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how; (iii) any information designated by NEXGEN as "confidential" or "proprietary" or which, under the circumstances taken as a whole, would reasonably be deemed to be confidential; and

(iv) the terms and conditions and existence of this Agreement.

Confidential Information will not include information that: (i) is in or enters the public domain without Licensee's breach of this Agreement; (ii) Licensee receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (iii) Licensee develops independently, which it can prove with clear and convincing written evidence.

Confidentiality Obligations. Licensee agrees to take all measures reasonably required in order to maintain the confidentiality of all Confidential Information in its possession or control, which will in no event be less than the measures Licensee uses to maintain the confidentiality of its own information of equal importance.

Injunctive Relief. Licensee acknowledges that NEXGEN is a beneficiary of this Agreement and is specifically a beneficiary of this Section. Licensee further acknowledges that the Confidential Information of NEXGEN includes trade secrets of NEXGEN, the disclosure of which would cause substantial harm to NEXGEN that could not be remedied by the payment of damages alone.

Accordingly, Licensee agrees that NEXGEN will be entitled to preliminary and permanent injunctive relief and other equitable relief for any breach of this Section.

6. MAINTENANCE AND SUPPORT

Maintenance or support is provided assuming the LICENSEE pays the annual maintenance and support fees in advance. Any new versions or modules of software provided to Licensee are automatically licensed according to provisions of this Agreement.

7. LIMITATIONS OF LIABILITY

Licensee agrees that, as material consideration for NEXGEN extending to Licensee the license rights provided herein, in no event will NEXGEN be liable to Licensee or any third party under this Agreement for any Direct, Indirect, Special, Incidental, or Consequential Damages, whether based on breach of contract, tort (including negligence), product liability, or otherwise, and whether or not NEXGEN has been advised of the possibility of such damage.

The parties have agreed that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

8. TERM AND TERMINATION

Term. This Agreement shall be for the period of one year from the effective date above and shall automatically renew for one year periods. This Agreement may be terminated by NEXGEN at any time at its sole discretion for any reason including but not limited to: (i) Licensee breaches any material term or condition of this Agreement; (ii) Licensee becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) Licensee becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

Effect of Termination. On termination of this Agreement, Licensee will immediately return to NEXGEN or (at NEXGEN's request) destroy all copies of the Program(s) in its possession or control, and an officer of Licensee will certify to NEXGEN in writing that it has done so.

Survival. The provisions of Sections 4 (Proprietary Rights) and 6 (Confidential Information) will survive termination of this Agreement for any reason.

Nonexclusive Remedy. The exercise by NEXGEN of any remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

9. GENERAL PROVISIONS

Assignment. The parties shall not assign this Agreement, and any attempted assignment shall be void.

Modifications. This Agreement may only be modified, or any rights under it waived, by a written document executed by NEXGEN and Licensee.

Conflicting Terms. Purchase orders or similar documents relating to the Program(s) will have no effect on the terms of this Agreement.

Notices. All notices under this Agreement will be deemed given when delivered personally or sent by U.S. certified mail, return receipt requested, to the address shown below or as may otherwise be specified by either party to the other in accordance with this Section.

Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

Approved Labor Category Pricing

Labor Category Year 1 Year 2 Year 3 Year 4 Year 5

Principle In Charge $296.22 $308.07 $320.39 $333.21 $346.54

Program Manager $296.22 $308.07 $320.39 $333.21 $346.54

Chief Technology Officer $276.47 $287.54 $299.04 $311.00 $323.44

Senior Project Manager $276.47 $287.54 $299.04 $311.00 $323.44

Project Manager $256.73 $266.99 $277.67 $288.78 $300.33

Associate Project Manager $236.98 $246.46 $256.31 $266.57 $277.23

Senior Management Technologist $276.47 $287.54 $299.04 $311.00 $323.44

Associate Management Technologist $256.73 $266.99 $277.67 $288.78 $300.33

Management Technologist $236.98 $246.46 $256.31 $266.57 $277.23

Senior Software Developer $276.47 $287.54 $299.04 $311.00 $323.44

Associate Software Developer $256.73 $266.99 $277.67 $288.78 $300.33

Software Developer $236.98 $246.46 $256.31 $266.57 $277.23

Senior Learning & Development Trainer $256.73 $266.99 $277.67 $288.78 $300.33

Learning & Development Trainer $236.98 $246.46 $256.31 $266.57 $277.23

Senior Asset Management Specialist $256.73 $266.99 $277.67 $288.78 $300.33

Asset Management Specialist $236.98 $246.46 $256.31 $266.57 $277.23

Labor Category descriptions

Labor Category Title Labor Category Description

Information Technology Principle In Charge

Principle in charge of a project that is responsible for the overall IT program or project.

Responsible for executive leadership on NEXGEN projects and committing NEXGEN resources to deliver projects on that meet the scope, schedule and budget. Responsible for interacting with the client's Executive Management Team on overall Enterprise Asset Management program development.

Information Technology Program Manager

Program Manager of a project. Responsible for the coordination, and completion of IT projects. Manages multiple projects at once. Ensures adherence to quality standards and reviews all projects and deliverables. Responsible for the deployment of the Enterprise Asset Management program that may including multiple projects.

Information Technology Chief Technology Officer

Chief Technology Officer is responsible for the technologies and integrations. Responsible for ensuring the technology deployed is aligned with NEXGEN Technology, Architecture and Software Roadmap. Responsible for setting the roadmap and interface approaches for the integrations with 3rd party softwares.

Information Technology Senior Project Manager

Senior Project Manager manages the implementation projects. Responsible for the coordination, and completion of IT projects. Responsible for deploying of larger projects that have numerous integrations and coordination with multiple task managers. Serves as primary interface between client and NEXGEN. Manages the system interfaces between different softwares.

Information Technology Project Manager

Project Manager manages the implementation of medium size projects. Responsible for the coordination, and completion of IT projects. Responsible for deploying medium size projects that require some integrations and coordination with limited task managers. Serves as primary interface between client and NEXGEN.

Labor Category Title Labor Category Description

Information Technology Associate Project Manager

Associate Project Manager assist in the implementation of smaller projects. Responsible for the coordination, and completion of IT projects. Responsible for the execution of data migration, configuration and user acceptance tasks. Serves as primary interface between client and NEXGEN. Normally works under supervision of more senior personnel.

Information Technology Senior Management Technologist

Senior Management Technologist provides senior project asset management consulting.

Responsible for providing industry Asset Management Best practices. Responsible for providing guidance and facilitating the user requirements and mapping the business processes.

Associate Management Technologist

Associate Management Technologist provides project consulting. Responsible for document the user requirements and mapping the business processes. Responsible for managing the tasks for the data migration and configuration tasks.

Management Technologist

Management Technologist provides project consulting. Responsible for migrating the data and configuring the system to fit the user requirements and business processes. Responsible for working with the users on the acceptance testing.

Senior Software Developer

Senior Software Developer develops software or integration for projects. Plays leadership role in the development of software. Codes, tests, debugs, implements, and documents programs.

Understands standard systems development lifecycle processes and applies appropriate methodologies in client engagements. Maintains and supports the integrity of the operating system environment and various computer systems. Administers, installs and troubleshoots a variety of operating systems. Performs systems maintenance tasks, such as system back-up, recovery and file maintenance. Responsible for managing the system interfaces with 3rd party softwares that includes managing the integration scripts.

Associate Software Developer

Associate Software Developer develops software or integration for projects. Codes, tests, debugs, implements, and documents programs. Understands standard systems development lifecycle processes and applies appropriate methodologies in client engagements. Maintains and supports the integrity of the operating system environment and various computer systems. Administers, installs and troubleshoots a variety of operating systems. Performs systems maintenance tasks, such as system back-up, recovery and file maintenance.

Integration Task Manager that is responsible for developing integration scripts to support system interfaces.

Software Developer

Software Developer develops software or integration for projects. Codes, tests, debugs, implements, and documents programs. Understands standard systems development lifecycle processes and applies appropriate methodologies in client engagements. Normally works under supervision of more senior personnel. Maintains and supports the integrity of the operating system environment and various computer systems. Administers, installs and troubleshoots a variety of operating systems. Performs systems maintenance tasks, such as system back-up, recovery and file maintenance. Part of the integration task team that will support in the development and testing system integrations to support system interfaces.

Senior Learning & Development Trainer

Senior Learning & Development Trainer is the lead software trainer. Responsible for developing the training program, materials and change management. Will lead the user acceptance testing and training team.

Learning & Development Trainer

Learning & Development Trainer is the software trainer. Responsible for development training and learning materials. Will be part of the user acceptance testing and training team.

Information Technology Senior Asset Management Specialist

Senior Asset Management Specialist provides asset management industry consulting. Expert in the industry and will provide industry best practices and knowledge consulting. Provide industry best practices in configurations.

Information Technology Asset Management Specialist

Asset Management Specialist provides asset management industry consulting. Will provide industry best practices and knowledge consulting.

Approved Software Pricing

PRODUCT NAME PRODUCT DESCRIPTION UOI GSA PRICE

Term Software - NEXGEN Cloud 0505 (0.5TB/5GB)