MAS - Planet Associates, Inc. - 47QTCA23D005V

Federal Acquisition Service

Authorized Federal Supply Service Information

Technology Schedule Pricelist

47QTCA23D005V

Period Covered by Contract:

March 10, 2023 through March 9, 2028

Pricelist current Dated March 10, 2023

Adjusted for Mass Modification # A815

Planet Associates Inc.

24 Wampum Road

Park Ridge, NJ 07656

(201) 693-8700 (phone)

(201) 201-474-0443 (fax) www.planetassoc.com http://www.planetassoc.com/

GSA Contract 47QTCA23D005V dated March 10, 2023

Planet Associates, Inc. www.planetassoc.com info@planetassoc.com

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Planet Associates, Inc. provides Infrastructure Relationship Management solutions incorporating asset management, physical network management, space management, data center management, and outside plant management to help organizations reduce costs, reduce network downtime, optimize asset usage, and impact on overall productivity.

Special Item No. 511210 Term Software Licenses

A Term License is a license tht expires at the end of a given period, or term.Customers that purchase Term licenses do not receive perpetual rights; therefore a Term license is a non-Perpetual offering.

FSC CLASS 7030 – Information Technology Software - Microcomputers (Application Software)

Note: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

Special Item No. 511210 Perpetual Software Licenses; Software Maintenance as a Product

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 are 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 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 does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service – which is catagorized under a different SIN (54151).

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

FSC CLASS 7030 – Information Technology Software - Microcomputers (Application Software)

Note: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

Special Item No. 54151 Maintenance of Software as a Service

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.

Special Item No. 611420 Training Courses

FPDS Code U012 - Information Technology Software

Special Item No. 54151S Information Technology Professional Services

FPDS Code D301 – IT Facility Operation and Maintenance mailto:info@planetassoc.com http://www.core.gov/

FPDS Code D302 – IT Systems Development Services FPDS Code D306 – IT Systems Analysis Services FPDS Code D307 – IT Automated Information Systems Design and Integration Services FPDS Code D311 – IT Data Conversion Services FPDS Code D313 – Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) Services

FPDS Code D316 – IT Network Management Services

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: Offerors and Agencies are advised that the Group 70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents.

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/ http://www.fss.gsa.gov/

TABLE OF CONTENTS

INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS

1. Geographic Scope of Contract:

2. Contractor's Ordering Address and Payment Information:

3. Liability for Injury or Damage

4. Statistical Data for Government Ordering Office Completion of Standard Form 279:

5. FOB Destination

6. Delivery Schedule

7. Discounts

8. Trade Agreements Act of 1979, as amended:

9. Statement Concerning Availability of Export Packing:

10. Small Requirements:

11. Maximum Order

12. Use of Federal Supply Service Information Technology Schedule Contracts

13. Federal Information Technology/Telecommunication Standards Requirements:

14. Security Requirements

15. Contract Administration for Ordering Activities:

16. GSA Advantage!

17. Purchase of Open Market Items

18. Contractor Commitments, Warranties and Representations

19. Overseas Activities

20. Blanket Purchase Agreements (BPAs)

21. Contractor Team Arrangements

22. Installation, Deinstallation, Reinstallation

23. Section 508 Compliance

24. Prime Contractor Ordering From Federal Supply Schedules

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER

511210), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 511210) AND MAINTENANCE AS A

SERVICE (SPECIAL ITEM NUMBER 54151) OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY SOFTWARE

Definitions

1. Inspection/Acceptance

2. Guarantee/Warranty

3. Technical Services

4. Software Maintenance

5. Periods of Term Licenses (511210) and Maintenance (54151)

6. Conversion from Term License to Perpetual License

7. Term License Cessation

8. Utilization Limitations - (511210 AND 54151)

9. Termination by Contractor

10. Software Conversions - (511210)

11. Descriptions and Equipment Compatibility

12. Right-To-Copy Pricing

LICENSE AND SERVICES AGREEMENT ADDENDUM

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL

PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM

NUMBER 611420)

1. Scope

2. Order

3. Time of Delivery

4. Cancellation and Rescheduling

5. Follow-Up Support

6. Price for Training

7. Invoices and Payment

8. Format and Content of Training

9. “No Charge” Training

10. Course Listing

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL

SERVICES (SPECIAL ITEM NUMBER 54151S)

1. Scope

2. Performance Incentives

3. Ordering Procedures for Services (Requiring a Statement Of Work)

4. Order

5. Performance of Services

6. Inspection of Services

7. Responsibilities of the Contractor

8. Responsibilities of the Ordering Activity

9. Independent Contractor

10. Organizational Conflicts of Interest

11. Invoices

12. Payments

13. Resumes

14. Incidental Support Costs

15. Approval of Subcontracts

16. Description of IT Services

USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS ... 29

BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE

BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS”

PLANET ASSOCIATES PRODUCT PRICELIST

Expanded Software Product Catalog (SIN 511210)

SIN 611420 Training Course Catalog SIN 611420 Training Course Price List

SIN 54151S IT Professional Services Catalog

SIN 54151S Professional Services Labor Category Hourly Rates

INFORMATION FOR ORDERING ACTIVITIES

APPLICABLE TO ALL SPECIAL ITEM NUMBERS

SPECIAL NOTICE TO AGENCIES: Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals.

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination.

For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

1. Geographic Scope of Contract:

The geographic scope of the contract is the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico and U.S. Territories. U.S. Government Agencies authorized to procure from this Information Technology Schedule Pricelist may order software and services only for delivery to overseas locations controlled by U.S. Government Agencies in accordance with the Trade Agreements Act as given in FAR 52.225.5.

2. Contractor's Ordering Address and Payment Information:

Planet Associates, Inc Attn: GSA Orders 24 Wampum Road Park Ridge, NJ 07656

Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will not be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice.

The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance:

1.201.693.8700, Monday through Friday, 8:30 a.m. to 5:30 p.m. Eastern Standard Time (U.S. and Puerto Rico)

3. Liability for Injury or Damage

The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.

4. Statistical Data for Government Ordering Office Completion of Standard Form 279:

Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 076679133 Block 30: Type of Contractor - B. Other Small Business Block 31: Woman-Owned Small Business – No Block 36: Contractor's Taxpayer Identification Number (TIN): 22-1955563

4a. CAGE Code: 3EQV9 4b. Contractor has registered with the Central Contractor Registration Database.

5. FOB Destination

6. 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)

511210 30 Days

54151, 611420 and 54151S To be determined between contractor and ordering activity.

b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

7. Discounts

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

a. Prompt Payment: 0% -30 days from receipt of invoice or date of acceptance, whichever is later.

b. Quantity

c. Dollar Volume

d. Government Educational Institutions

e. Other

8. Trade Agreements Act of 1979, as amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. Statement Concerning Availability of Export Packing:

Not Applicable

10. Small Requirements:

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

11. Maximum Order

All dollar amounts are exclusive of any discount for prompt payment.

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

Special Item Number 511210 - Term Software Licenses Special Item Number 511210 - Perpetual Software Licenses, Special Item Number 54151 - Software Maintenance as a Product Special Item Number 54151S - Information Technology (IT) Professional Services

b. The Maximum Order value for the following Special Item Numbers (SINs) is $25,000:

Special Item Number 611420 - Training Courses

Note: Maximum Orders do not apply to Special Item Number 54151 Maintenance of Software.

12. Use of Federal Supply Service Information Technology Schedule Contracts

In accordance with FAR 8.404:

[NOTE: Special ordering procedures have been established for Special Item Number (SIN) 54151S IT Professional Services; refer to the terms and conditions for that SIN.]

Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under Federal Supply Schedules, ordering activities need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5. GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering activity has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the ordering activity’s needs.

a. Orders placed at or below the micro-purchase threshold. ordering activities can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor.

b. Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold. Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering activities should consider reasonably available information about the supply or service offered under MAS contracts by using the “GSA Advantage!” on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the ordering activity’s needs. In selecting the supply or service representing the best value, the ordering activity may consider--

(1) Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service;

(2) Trade-in considerations;

(3) Probable life of the item selected as compared with that of a comparable item;

(4) Warranty considerations;

(5) Maintenance availability;

(6) Past performance; and

(7) Environmental and energy efficiency considerations.

c. Orders exceeding the maximum order threshold. Each schedule contract has an established maximum order threshold. This threshold represents the point where it is advantageous for the ordering activity to seek a price reduction. In addition to following the procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering activities shall--

Review additional Schedule Contractors’

(1) catalogs/pricelists or use the “GSA Advantage!” on-line shopping service;

(2) Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and

(3) After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative. If further price reductions are not offered, an order may still be placed, if the ordering activity determines that it is appropriate.

NOTE: For orders exceeding the maximum order threshold, the Contractor may:

(1) Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR 52.216-19 Order Limitations);

(2) Offer the lowest price available under the contract; or

(3) Decline the order (orders must be returned in accordance with FAR 52.216-19).

d. Blanket purchase agreements (BPAs). The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR 8.404. All schedule contracts contain BPA provisions. ordering activities may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times.

e. Price reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering activities will find it advantageous to request a price reduction. For example, when the ordering activity finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering activity the opportunity to secure greater discounts. Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order.

f. Small business. For orders exceeding the micro-purchase threshold, ordering activities should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement.

g. Documentation. Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid. If an ordering activity requirement, in excess of the micro-purchase threshold, is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering activity shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the ordering activity’s needs.

13. Federal Information Technology/Telecommunication Standards Requirements:

ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor.

13.1 Federal Information Processing Standards Publications (FIPS Pubs): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 Federal Telecommunication Standards (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925.

Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

14. Security Requirements

In the event security requirements are necessary, the ordering activities may incorporate, in their delivery orders, a security clause in accordance with current laws, regulations, and individual ordering activity policy; however, the burden of administering the security requirements shall be with the ordering activity. If any costs are incurred as a result of the inclusion of security requirements, such costs will not exceed ten percent (10%) or $100,000, of the total dollar value of the order, whichever is less.

15. Contract Administration for Ordering Activities:

Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination for Cause (See C.1.)

16. GSA Advantage!

GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to:

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.fss.gsa.gov/.

17. Purchase of Open Market Items

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract.

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

18. Contractor Commitments, Warranties and Representations

a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract:

(1) Time of delivery/installation quotations for individual orders;

(2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract.

(3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor.

b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.

19. Overseas Activities

The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below:

Not Applicable

Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract.

20. Blanket Purchase Agreements (BPAs)

Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as “…a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3), which reads, in part, as follows:

“BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract.”

Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up “accounts” with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool.

21. Contractor Team Arrangements

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts.

This includes compliance with Clauses 552.238-74, Contractor’s Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. 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 received 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 requirements 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 54151S.

23. Section 508 Compliance.

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

Planet Associates is committed to meeting the requirements of Section 508 of the Rehabilitation Act Amendment of 1998 (36 CFR 1194) as implemented by the Electronic and Information Technology Accessibility Standards. Please refer to the Planet Associates website at www.planetassoc.com/government.shtml for further information.

The EIT standard can be found at: www.Section508.gov/.

24. Prime Contractor Ordering From Federal Supply Schedules.

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order –

(a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and

(b) The following statement:

This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

http://www.planetassoc.com/government.shtml http://www.section508.gov/

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL

ITEM NUMBER 511210), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER

511210) AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 54151) OF

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE

Definitions

“Affiliate” shall be defined as any company, corporation, partnership, joint venture, political sub-division, or other entity in which either party directly or indirectly controls at least fifty percent (50%) of the profits or voting rights or which is controlled by a common parent. For the purposes of this Contract, an Agency, as defined herein, shall be deemed an Affiliate.

“Derivative Work” shall mean a work that is based upon or incorporates the Product(s), in whole or in part, such as a revision, modification, translation, abridgment, condensation, expansion, compilation, or any other form in which the Product(s) may be recast, transformed, included, or adapted, and which if prepared without first obtaining Contractor’s prior written authorization shall constitute an infringement of the intellectual property rights of Contractor or a relevant third party.

“Product(s)” shall mean the licensed software programs, applications, updates provided under Maintenance, and all associated documentation including but not limited to user manuals and instructional training course materials provided by Contractor to ordering activity under this Contract. For purposes of this Contract, the license granted hereunder shall apply to the Product(s) in executable object code form only.

“Agency” is defined as a cabinet level or independent agency.

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 postacceptance 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.

2. Guarantee/Warranty

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

LIMITED WARRANTY:

1) Contractor represents and warrants to ordering activity that it has sufficient rights in and to the Product(s) to grant ordering activity the license granted under this Contract. Contractor further warrants that the Product(s) delivered to ordering activity under this Contract will substantially conform in all material respects with the published documentation delivered with the Product(s) for a period of one (1) year, and that any media on which the Product(s) are supplied is free from defects in materials and workmanship under normal use (the “Warranty”). In the event the Product(s) fails to perform as stated in the Warranty, and upon written notice to Contractor within the warranty period, Contractor shall either (1) use its reasonable commercial efforts to repair at Contractor’s facilities the Product(s) to comply with the Warranty; or (2) replace the Product(s) to comply with the Warranty. If, in Contractor’s sole discretion, Contractor is unable to correct the defect within a reasonable period or if in Contractor’s opinion neither option 1 nor 2 is commercially feasible for Contractor, Contractor shall terminate this Contract and/or applicable Product Schedule(s) by notice to ordering activity and shall refund ordering activity the applicable license fees and the unused portion of the Maintenance fees whereupon ordering activity shall remove the Product(s) from all installed CPU’s and/or Network Servers and return the Product(s) and all copies thereof to Contractor.

This Warranty is contingent upon proper use of the Product(s) in the operating environment specified in the Product Schedule(s). The foregoing states ordering activity’s sole remedy under the Warranty in this Subsection 2(a)

2) The Warranty does not cover any copy of the Product(s) that has been altered in any way by ordering activity or any third party, their employees or agents. Contractor is not responsible for problems that occur as a result of the use of the Product(s) in conjunction with other software or hardware that is incompatible with the operating system for which the Product(s) is being acquired or resulting from ordering activity’s failure to maintain any equipment or operating system on or with which the Product(s) is installed. Contractor makes no representation or warranty and accepts no obligation in relation to any non-embedded third party software agreed to be supplied by Contractor to ordering activity pursuant to this Contract and all warranties, terms, conditions, undertakings and representations of any kind, express or implied, statutory or otherwise relating to such third party software including (without limitation) as to the condition, quality, performance, satisfactory quality or fitness for the purpose of the third party software or any part thereof, are hereby expressly excluded to the fullest extent permitted by law. Only the CFO or CEO of Contractor, or the President of one of Contractor’s Affiliates may make modifications to the Warranty or additional warranties binding on Contractor, and such modifications or additional warranties must be in writing. Accordingly, additional statements such as those made in advertising or presentations, oral or written, do not constitute warranties by Contractor and should not be relied upon as such.

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. Contractor grants no other warranties whatsoever, express or implied, oral or written, including, but not limited to, any implied warranties (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement, or (iv) arising from usage of trade or course of dealing or performance.

c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. In no event shall Contractor be liable in contract or tort for loss of revenues, profits, goodwill, lost computer time, damage or loss of data, or any indirect, incidental, punitive, or consequential damage suffered or incurred by ordering activity in connection with or arising from this Contract, including any Product(s) licensed hereunder or benefits provided under Maintenance.

Contractor’s liability for other damages resulting from or relating to a Product(s), or the use thereof, shall not exceed the amount paid by ordering activity under the applicable Product Schedule(s) for such Product(s) and Contractor’s liability for other damages resulting from or relating to Maintenance including the benefits provided thereunder, shall not exceed the amounts paid by ordering activity during the previous twelve (12) month period for Maintenance or Hosting Services.

Contractor’s liability shall further be limited to direct damages suffered by ordering activity. Ordering activity shall be solely responsible for deciding whether or not the Product(s) are suitable for its purposes and for the consequences of any use of the Product(s). Contractor shall have no liability for any loss or damage suffered by ordering activity based on the reliance by ordering activity on any results or data obtained from the use of the Product(s). This Contract shall not be deemed or construed to create any enforceable right in any third person, firm, corporation, or other entity.

3. Technical Services

For the first 90 days following delivery of the product, the Contractor, 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 (201) 693-8700 ext 2 for the United States and Puerto Rico is available from Monday through Friday, 8:30 a.m. to 5:30 p.m. Eastern Standard Time.

4. Software Maintenance

a. Software maintenance service as it is defined:

1. Software Maintenance as a Product (SIN 511210)

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

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

1) Contractor has established a support, maintenance, and enhancement program for the Product(s)(“Maintenance”). If ordering activity is enrolled in Maintenance, and subject to the limitations set forth below, Contractor shall:

(i) supply code corrections to ordering activity to correct Product malfunctions in order to bring the Product(s) into conformity with the then current published specifications as set out in the documentation for the most current edition of the Product(s) unless such malfunctions have been caused by modifications of the Product(s) made by ordering activity or a third party under the direction of ordering activity or unless ordering activity’s modifications prohibit or hamper such corrections;

(ii) provide ordering activity with technical support to answer operational questions and to report irregularities within the Product(s). Such services are available during the normal business hours for ordering activity’s local Contractor support center, Monday through Friday, excluding regularly scheduled holidays of Contractor;

(iii) supply, so long as commercially feasible, updated Product(s) as necessary to operate under new releases of the operating system or database for which the Product(s) was designed. Contractor shall provide ordering activity with twelve (12) months notification in the event support for a particular operating system or database will be terminated;

(iv) supply all extensions, enhancements and other changes that Contractor deems to be logical improvements or extensions that are incorporated into the Product(s) and that Contractor elects to generally furnish without additional charge to all licensees enrolled in Maintenance for the particular Product(s). Ordering activity shall receive one (1) copy of each such extension, enhancement or other changes, at no additional charge. Contractor shall provide reasonable assistance with technical support issues that arise during the installation of each such extension, enhancement or other change; and

(v) replace the Product(s) at no charge if the media becomes destroyed or damaged to such an extent that the Product(s) becomes unusable.

2) The Maintenance program set forth in Subsection (a) above shall apply to the most recent generally available Release or Version of the Product(s) (“N”) as well as the immediately preceding Release or Version (“N-1”). Ordering activity understands and agrees that Contractor’s obligation to support the Release or Version immediately preceding N-1 (“N-2”) shall be limited to technical support only (as set forth in Subsection (a)(ii) above) and that Contractor shall not be obligated to support any Release or Version of the Product(s) that is older than N-2. For purposes of this Subsection, the term “Release” shall be defined as a specific edition of the Product(s), designated by a number located to the left of the first decimal point (such as Release 1.x or Release 2.x), and the term “Version” shall be defined as a specific edition of the Product(s), designated by a number located to the right of the first decimal point (such as Version x.1 or Version x.2). For purposes of clarification, where a Product was originally released at 1.0 then went to Version 1.1, and then to Version 1.5, and then to Release 2.0, Contractor would provide full support for Release 2.0 and Version 1.5, limited technical support for Version 1.1 and no support for Release 1.0.

3) Contractor shall have no support obligations under Maintenance with respect to (i) Product(s) which is modified by or on behalf of ordering activity; (ii) malfunctions caused by the use or operation of a Product(s) with any hardware, software or media not authorized by this Contract, the applicable Product Schedule(s), or the documentation delivered with the Product(s); (iii) malfunctions resulting from operator error or incorrect use of the Product(s); (v) malfunctions attributable to the equipment and programs used in conjunction with the Product(s) or to any other reason external to the Product(s); or

(vi) if any previous patches or error corrections of the Product(s) have not been implemented by ordering activity or the instructions of Contractor have not been followed.

4) Ordering activity may cancel its enrollment in Maintenance by giving notice of such cancellation at least thirty (30) days prior to the anniversary date of Maintenance. Cancellation of Maintenance shall apply to an entire product suite only (Example: Service Center base system and all associated applications). Ordering activity may re-enroll in Maintenance by paying a reinstatement fee equal to the total Maintenance fees that would have been paid to Contractor had ordering activity not terminated Maintenance, or the then current license fee for the applicable Product(s), whichever is less. Termination of Maintenance will not terminate ordering activity’s rights to continue to use the Product(s) under the provisions of Section 3 herein.

5) Contractor reserves the right to discontinue Maintenance for a Product(s) if Contractor generally discontinues such services to all licensees of the applicable Product(s). Notwithstanding the foregoing, Contractor shall provide twelve (12) months notice to ordering agency of its intent to terminate such services.

6) Contractor’s obligation to provide Maintenance is dependent on the continued existence of the license to use the Product(s) and if the license is terminated for any reason, Contractor’s obligations to provide Maintenance will cease automatically on the occurrence of such event.

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.

5. Periods of Term Licenses (511210) and Maintenance (54151)

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

b. Term licenses and/or maintenance 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 and/or maintenance, the period of the term licenses and/or maintenance 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 and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance 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.

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

6. Conversion from Term License to Perpetual License

a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement.

b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity.

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. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered…