CORHQ-25-Q-0258.pdf

SOLICITATION/AWARD

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. CONTACT INFORMATION 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. N/A

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ RFP

Price only

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. N/A 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. FEDERAL DEPOSIT INSURANCE CORPORATION (SIGNATURE OF CO)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

FDIC 3700/55 (3-08)

10. SOCIO-ECONOMIC STATUS

NO

NAICS:

ETHNICITY:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. SUB-CONTRACTING

PERMITTED/APPROVED

YES

SDB

MWOB

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

YES NO

YES NO

27a. SOLICITATION INCLUDES ATTACHMENTS 27b. AWARD INCLUDES ATTACHMENTS

RFI RFP

Best Value

CORHQ-25-Q-0258

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

FDIC 3700/55 (3-08)

Section B - Supplies or Services and Prices/Costs

Attachments for this section start after this page.

Section B - Supplies or Services and Prices/Costs PAGE 3 OF 52

NONPUBLIC//FDIC BUSINESS#

Total Price Base Period + Option Periods $ -

Description This is for the renewal of software maintenance which allows us to receive vendor support, security and bug fixes as well as software upgrades

Time of Delivery:

Technical Point of Contract:

Company:

Phone:

Email Address:

Section B - Supplies or Services and Prices/Costs PAGE 4 OF 52

Line Item # Purchase Category Purchase Type Description Part # Serial # Period of Performance Qty List Price Discount Net Price Extended Net Price

0001 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal DMZ-RMX-M-NP ALMTWEBA6HJKH9 10/1/2025 - 09/30/2026 1

0002 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal EFT-RMX-PGP-NP ALRTWEBA8HJKH9 10/1/2025 - 09/30/2026 1

0003 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users - Renewal EFT-RMX-WSM-500-2 ALRTWFBA8HJTH9 10/1/2025 - 09/30/2026 1

0004 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [NonProd] - Renewal EFT-RMX-WSM-NP-50 AQMTWEBANHJKH9 10/1/2025 - 09/30/2026 1

0005 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise - Renewal DMZ-RMX-M AU7WKAC289M63G 10/1/2025 - 09/30/2026 1

0006 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise - Renewal DMZ-RMX-M A49T5F2G94KSE9 10/1/2025 - 09/30/2026 1

0007 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal DMZ-RMX-M-NP AU7WKBC289ME3G 10/1/2025 - 09/30/2026 1

0008 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal DMZ-RMX-M-NP A89T5F4GR4KSEH 10/1/2025 - 09/30/2026 1

0009 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module - Renewal EFT-RMX-HSM A49T5F4G94KSEH 10/1/2025 - 09/30/2026 2

0010 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal EFT-RMX-HSM-NP AU7FKBA289ME35 10/1/2025 - 09/30/2026 1

0011 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal EFT-RMX-HSM-NP AC9A5F2G94KWE4 10/1/2025 - 09/30/2026 1

0012 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise - Renewal EFT-RMX-ENT AU7SWA4285J75G 10/1/2025 - 09/30/2026 2

0013 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal EFT-RMX-ENT-NP AV3WLFD469LWKG 10/1/2025 - 09/30/2026 1

0014 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal EFT-RMX-ENT-NP AU3SWB4265JF5G 10/1/2025 - 09/30/2026 1

0015 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module - Renewal EFT-RMX-ARM AL7WKBC289MA3G 10/1/2025 - 09/30/2026 1

0016 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module - Renewal EFT-RMX-ARM A89T5F2GR4KSE9 10/1/2025 - 09/30/2026 1

0017 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal EFT-RMX-ARM-NP AQ7WKAC2Q9M23G 10/1/2025 - 09/30/2026 1

0018 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal EFT-RMX-ARM-NP AC9A5E2G94KNE4 10/1/2025 - 09/30/2026 1

0019 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module - Renewal. Annual EFT-RMX-PGP AQ7WKAA2Q9M238 10/1/2025 - 09/30/2026 1

0020 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module - Renewal. Annual EFT-RMX-PGP A89T5E4GR4KJEH 10/1/2025 - 09/30/2026 1

0021 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal EFT-RMX-PGP-NP AQ7WKBA2Q9MA38 10/1/2025 - 09/30/2026 1

0022 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal EFT-RMX-PGP-NP AG9A5E2GR4KNE4 10/1/2025 - 09/30/2026 1

0023 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Development] - Renewal EFT-RMX-ENT-DV AU7SWB4285JF5G 10/1/2025 - 09/30/2026 2

0024 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Development] - Renewal EFT-RMX-ENT-DV AH3BZAC8P9K7LD 10/1/2025 - 09/30/2026 1

0025 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Dev] - Renewal EFT-RMX-ARM-DV AQ7WKBC2Q9MA3G 10/1/2025 - 09/30/2026 1

0026 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Dev] - Renewal EFT-RMX-ARM-DV AG9A5F2GR4KWE4 10/1/2025 - 09/30/2026 2

0027 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Dev] - Renewal EFT-RMX-HSM-DV AY7FKAA2Q9M635 10/1/2025 - 09/30/2026 1

0028 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Dev] - Renewal EFT-RMX-HSM-DV AC9A5E4G94KNEC 10/1/2025 - 09/30/2026 2

0029 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Dev] - Renewal DMZ-RMX-M-DV AY7WKAC2Q9M63G 10/1/2025 - 09/30/2026 1

0030 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users - Renewal EFT-RMX-WSM-500 A4KTVBD46HKA4H 10/1/2025 - 09/30/2026 1

0031 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users [Non-Prod] - Renewal EFT-RMX-WSM-NP-500 A4PTVBD48HKA4H 10/1/2025 - 09/30/2026 1

0032 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal EFT-RMX-HSM-NP A8KTVAD4NHK24H 10/1/2025 - 09/30/2026 1

0033 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [Dev] - Renewal EFT-RMX-WSM-DV-50 A8PTVAD4QHK24H 10/1/2025 - 09/30/2026 1

0034 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal EFT-RMX-PGP-NP ALMTWFBA6HJTH9 10/1/2025 - 09/30/2026 1

0035 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [NonProd] - Renewal EFT-RMX-WSM-NP-50 AQRTWEBAQHJKH9 10/1/2025 - 09/30/2026 1

0036 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal M & S [PRE] - EFT Enterprise

[Non-Prod] - Renewal

ACPXYB348DLF49 10/1/2025 - 09/30/2026 1

0037 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal M & S [PRE] - EFT Enterprise

[Non-Prod] - Renewal

AGKXYA34NDL749 10/1/2025 - 09/30/2026 1

0038 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

M & S [PRE] - EFT ARM

Module [Non-Prod] -

ACPXYA548DL74H 10/1/2025 - 09/30/2026 1

0039 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

M & S [PRE] - EFT ARM

Module [Non-Prod] -

ACKXYB546DLF4H 10/1/2025 - 09/30/2026 1

0040 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

M & S [PRE] - EFT ASM

Module [Non-Prod] -

ACPXYB548DLF4H 10/1/2025 - 09/30/2026 1

0041 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal M & S [PRE] - EFT OpenPGP

Module [Non-Prod] -

AGKXYA54NDL74H 10/1/2025 - 09/30/2026 1

0042 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal M & S [PRE] - EFT OpenPGP

Module [Non-Prod] -

AGPXYA54QDL74H 10/1/2025 - 09/30/2026 1

0043 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal M & S [PRE] - EFT OpenPGP

Module [Non-Prod] -

AGKXYB54NDLF4H 10/1/2025 - 09/30/2026 1

0044 SOFTWARE MAINTENANCE M & S [PRE] - EFT Workspaces [Non-Prod] - Renewal

M & S [PRE] - EFT

Workspaces [Non-Prod] -

AGPXYA34QDL749 10/1/2025 - 09/30/2026 1

0045 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal M & S [PRE] - DMZ Gateway

Enterprise [Non-Prod] -

AGKXYB34NDLF49 10/1/2025 - 09/30/2026 1

0046 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal M & S [PRE] - DMZ Gateway

Enterprise [Non-Prod] -

AGPXYB34QDLF49 10/1/2025 - 09/30/2026 1

0047 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal M & S [PRE] - DMZ Gateway

Enterprise [Non-Prod] -

ACKXYA546DL74H 10/1/2025 - 09/30/2026 1

0048 SOFTWARE GOODS Workspaces (50 CAL) [Non-Prod] Workspaces (50 CAL) [Non-

Prod]

NSN 10/1/2025 - 09/30/2026 2

0049 SOFTWARE MAINTENANCE M & S [PRE] - Workspaces (50 CAL)[Non-Prod] M & S [PRE] - Workspaces (50

CAL)[Non-Prod]

NSN 10/1/2025 - 09/30/2026 2

Total Price

Price Schedule - Base Period

Requirement Description: SM Global Space

Section B - Supplies or Services and Prices/Costs PAGE 5 OF 52

Line Item # Purchase Category Purchase Type Description Part # Serial # Period of Performance Qty List Price Discount Net Price Extended Net Price

1001 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal EFT-RMX-ENT-NP ACPXYB348DLF49 10/1/2026 - 09/30/2027 1

1002 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal EFT-RMX-ENT-NP AGKXYA34NDL749 10/1/2026 - 09/30/2027 1

1003 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP ACPXYA548DL74H 10/1/2026 - 09/30/2027 1

1004 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP ACKXYB546DLF4H 10/1/2026 - 09/30/2027 1

1005 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

EFT-RMX-HSM-NP ACPXYB548DLF4H 10/1/2026 - 09/30/2027 1

1006 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGKXYA54NDL74H 10/1/2026 - 09/30/2027 1

1007 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGPXYA54QDL74H 10/1/2026 - 09/30/2027 1

1008 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGKXYB54NDLF4H 10/1/2026 - 09/30/2027 1

1009 SOFTWARE MAINTENANCE M & S [PRE] - EFT Workspaces [Non-Prod] - Renewal

GSEFT-MX-WSM-U-NP-R AGPXYA34QDL749 10/1/2026 - 09/30/2027 1

1010 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal

DMZ-RMX-M-NP AGKXYB34NDLF49 10/1/2026 - 09/30/2027 1

1011 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal

DMZ-RMX-M-NP AGPXYB34QDLF49 10/1/2026 - 09/30/2027 1

1012 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non-Prod] - Renewal

DMZ-RMX-M-NP ACKXYA546DL74H 10/1/2026 - 09/30/2027 1

1013 SOFTWARE MAINTENANCE Workspaces (50 CAL) [Non-Prod] SEFT-N�WSM-50-NP NSN 10/1/2026 - 09/30/2027 2

1014 SOFTWARE MAINTENANCE M & S [PRE] - Workspaces (50 CAL)[Non-Prod] SEFT-MX�WSM-50-NP NSN 10/1/2026 - 09/30/2027 2

Total

Price Schedule - Option Period 1

Requirement Description: SM Global Space

Section B - Supplies or Services and Prices/Costs PAGE 6 OF 52

Line Item # Purchase Category Purchase Type Description Part # Serial # Period of Performance Qty List Price Discount Net Price Extended Net Price

2001 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP ALMTWEBA6HJKH9 10/1/2027 - 9/30/2028 1

2002 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal

EFT-RMX-PGP-NP ALRTWEBA8HJKH9 10/1/2027 - 9/30/2028 1

2003 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users - Renewal EFT-RMX-WSM-500-2 ALRTWFBA8HJTH9 10/1/2027 - 9/30/2028 1

2004 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [NonProd] - Renewal

EFT-RMX-WSM-NP-50 AQMTWEBANHJKH9 10/1/2027 - 9/30/2028 1

2005 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise - Renewal DMZ-RMX-M AU7WKAC289M63G 10/1/2027 - 9/30/2028 1

2006 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise - Renewal DMZ-RMX-M A49T5F2G94KSE9 10/1/2027 - 9/30/2028 1

2007 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP AU7WKBC289ME3G 10/1/2027 - 9/30/2028 1

2008 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP A89T5F4GR4KSEH 10/1/2027 - 9/30/2028 1

2009 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module - Renewal EFT-RMX-HSM A49T5F4G94KSEH 10/1/2027 - 9/30/2028 2

2010 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

EFT-RMX-HSM-NP AU7FKBA289ME35 10/1/2027 - 9/30/2028 1

2011 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

EFT-RMX-HSM-NP AC9A5F2G94KWE4 10/1/2027 - 9/30/2028 1

2012 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise - Renewal EFT-RMX-ENT AU7SWA4285J75G 10/1/2027 - 9/30/2028 2

2013 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal

EFT-RMX-ENT-NP AV3WLFD469LWKG 10/1/2027 - 9/30/2028 1

2014 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal

EFT-RMX-ENT-NP AU3SWB4265JF5G 10/1/2027 - 9/30/2028 1

2015 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module - Renewal EFT-RMX-ARM AL7WKBC289MA3G 10/1/2027 - 9/30/2028 1

2016 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module - Renewal EFT-RMX-ARM A89T5F2GR4KSE9 10/1/2027 - 9/30/2028 1

2017 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP AQ7WKAC2Q9M23G 10/1/2027 - 9/30/2028 1

2018 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP AC9A5E2G94KNE4 10/1/2027 - 9/30/2028 1

2019 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module - Renewal.

Annual

EFT-RMX-PGP AQ7WKAA2Q9M238 10/1/2027 - 9/30/2028 1

2020 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module - Renewal.

Annual

EFT-RMX-PGP A89T5E4GR4KJEH 10/1/2027 - 9/30/2028 1

2021 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal

EFT-RMX-PGP-NP AQ7WKBA2Q9MA38 10/1/2027 - 9/30/2028 1

2022 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal

EFT-RMX-PGP-NP AG9A5E2GR4KNE4 10/1/2027 - 9/30/2028 1

2023 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Development] - Renewal

EFT-RMX-ENT-DV AU7SWB4285JF5G 10/1/2027 - 9/30/2028 2

2024 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Development] - Renewal

EFT-RMX-ENT-DV AH3BZAC8P9K7LD 10/1/2027 - 9/30/2028 1

2025 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Dev] - Renewal EFT-RMX-ARM-DV AQ7WKBC2Q9MA3G 10/1/2027 - 9/30/2028 1

2026 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Dev] - Renewal EFT-RMX-ARM-DV AG9A5F2GR4KWE4 10/1/2027 - 9/30/2028 2

2027 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Dev] - Renewal EFT-RMX-HSM-DV AY7FKAA2Q9M635 10/1/2027 - 9/30/2028 1

2028 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Dev] - Renewal EFT-RMX-HSM-DV AC9A5E4G94KNEC 10/1/2027 - 9/30/2028 2

2029 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Dev] - Renewal

DMZ-RMX-M-DV AY7WKAC2Q9M63G 10/1/2027 - 9/30/2028 1

2030 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users - Renewal EFT-RMX-WSM-500 A4KTVBD46HKA4H 10/1/2027 - 9/30/2028 1

2031 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 500 Users [Non- Prod] - Renewal

EFT-RMX-WSM-NP-500 A4PTVBD48HKA4H 10/1/2027 - 9/30/2028 1

2032 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

EFT-RMX-HSM-NP A8KTVAD4NHK24H 10/1/2027 - 9/30/2028 1

2033 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [Dev] - Renewal

EFT-RMX-WSM-DV-50 A8PTVAD4QHK24H 10/1/2027 - 9/30/2028 1

2034 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [NonProd] - Renewal

EFT-RMX-PGP-NP ALMTWFBA6HJTH9 10/1/2027 - 9/30/2028 1

2035 SOFTWARE MAINTENANCE M & S [PRE] - WSM Module - 50 Users [NonProd] - Renewal

EFT-RMX-WSM-NP-50 AQRTWEBAQHJKH9 10/1/2027 - 9/30/2028 1

2036 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal

EFT-RMX-ENT-NP ACPXYB348DLF49 10/1/2027 - 9/30/2028 1

2037 SOFTWARE MAINTENANCE M & S [PRE] - EFT Enterprise [Non-Prod] - Renewal

EFT-RMX-ENT-NP AGKXYA34NDL749 10/1/2027 - 9/30/2028 1

2038 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP ACPXYA548DL74H 10/1/2027 - 9/30/2028 1

2039 SOFTWARE MAINTENANCE M & S [PRE] - EFT ARM Module [Non-Prod] - Renewal

EFT-RMX-ARM-NP ACKXYB546DLF4H 10/1/2027 - 9/30/2028 1

2040 SOFTWARE MAINTENANCE M & S [PRE] - EFT ASM Module [Non-Prod] - Renewal

EFT-RMX-HSM-NP ACPXYB548DLF4H 10/1/2027 - 9/30/2028 1

2041 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGKXYA54NDL74H 10/1/2027 - 9/30/2028 1

2042 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGPXYA54QDL74H 10/1/2027 - 9/30/2028 1

2043 SOFTWARE MAINTENANCE M & S [PRE] - EFT OpenPGP Module [Non-Prod] - Renewal

EFT-RMX-PGP-NP AGKXYB54NDLF4H 10/1/2027 - 9/30/2028 1

2044 SOFTWARE MAINTENANCE M & S [PRE] - EFT Workspaces [Non-Prod] - Renewal

GSEFT-MX-WSM-U-NP-R AGPXYA34QDL749 10/1/2027 - 9/30/2028 1

2045 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP AGKXYB34NDLF49 10/1/2027 - 9/30/2028 1

2046 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP AGPXYB34QDLF49 10/1/2027 - 9/30/2028 1

2047 SOFTWARE MAINTENANCE M & S [PRE] - DMZ Gateway Enterprise [Non- Prod] - Renewal

DMZ-RMX-M-NP ACKXYA546DL74H 10/1/2027 - 9/30/2028 1

2048 SOFTWARE MAINTENANCE M & S [PRE] - Workspaces (50 CAL)[Non-Prod] SEFT-MX�WSM-50-NP NSN 10/1/2027 - 9/30/2028 2

Total

Price Schedule - Option Period 2

Requirement Description: SM Global Space

Section B - Supplies or Services and Prices/Costs PAGE 7 OF 52

Section C - Description/Specifications/Work Statement

No attachments were added for this section.

Clauses Incorporated By Reference

Clause # Title Date

7.3.2-34 Duty to Deliver or Perform July 2008

Full Text Clauses

No full text clauses were found for this section.

Section C - Description/Specifications/Work Statement PAGE 8 OF 52

Section E - Inspection and Acceptance

No reference clauses were found for this section.

7.6.4-01 - Inspection and Acceptance - July 2008

(a) All goods and services shall be subject to inspection and test by the FDIC Oversight Manager, to the extent practicable, at all times and places during the term of the award. All inspections by the FDIC shall be made in such a manner as not to unduly delay the work.

(b) The FDIC shall have fifteen (15) business days from the date of Contractor''s delivery to determine if such goods and services are in compliance with the requirements of the contract. If any services performed or goods delivered hereunder are not in conformity with the requirements of this Award, the FDIC shall have the right to require

Contractor to reperform the services or redeliver the goods in conformity with the requirements of the Award, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by reperformance of the services, the FDIC shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with the requirements of the contract; and (2) reduce the contract price to reflect the reduced value of the services performed. In the event Contractor fails promptly to reperform the services or redeliver the goods, or to take necessary steps to ensure future performance of the services or delivery of the goods in conformity with the requirements of the Award, the FDIC shall have the right to either (1) by contract or otherwise, have the services performed or the goods delivered in conformity with the contract requirements and charge to Contractor any cost occasioned to the FDIC that is directly related to the performance of such services or the delivery of such goods; or

(2) terminate this Award for default as provided in 7.6.6-02, Termination for Default.

(c) Contractor shall provide and maintain an inspection system acceptable to the FDIC covering the goods or services to be delivered or performed hereunder. Records of all inspection work by Contractor shall be kept complete and available to the FDIC during the term of this Award and for such longer period as may be specified elsewhere in this Award.

Section E - Inspection and Acceptance PAGE 9 OF 52

Section F - Deliveries or Performance

7.3.1-09 - Delivery Schedule - July 2008 The goods must be delivered in accordance with the Price Schedule.

7.3.1-10 - Place of Delivery or Performance - November 2013 All tangible items shall be delivered to the following address:

Federal Deposit Insurance Corporation (FDIC)

Division of Information Technology (DIT)

Distribution Center

3501 Fairfax Drive, Arlington, VA 22226

Contractor must ensure the contract number is listed on the shipping material or packing slip.

Non-tangible items shall be submitted to the following email address:

DITSoftwareMgt@fdic.gov.

To include all certificates and maintenance renewals.

7.3.1-12 - Period of Performance - July 2023 The Initial Period of Performance begins on October 1, 2025 and expires on September 30, 2026. If all option periods are exercised, the final expiration date is September 30, 2028.

See clause 7.5.5-01, Option Period.

Section F - Deliveries or Performance PAGE 10 OF 52

Section G - Contract Administration Data

7.3.2-41 - FDIC Personnel - July 2008

(a) FDIC Oversight Manager. The Oversight Manager is the person designated in writing by the Contracting

Officer to represent the FDIC for the purpose of monitoring technical performance and accepting goods or services.

The Oversight Manager is not authorized to issue any instructions or directions which effect any substantive change in this contract, including, but not limited to, an increase or decrease in the price of this contract, or a change in the delivery date(s) or Period of Performance. Specific areas of delegated authority are more particularly defined in the

Oversight Manager Appointment Memorandum. The Oversight Manager is Jill Gaffey who can be reached at jgaffey@fdic.gov.

(b) FDIC Contracting Officer. The Contracting Officer is the person with FDIC-delegated authority to enter into, modify, administer, and terminate contracts and orders. The Contracting Officer is Christina Brooks who can be reached at chrbrooks@fdic.gov.

7.5.13-01 - Method of Payment - Electronic Fund Transfer (EFT) - March 2014

(a) Payment methods. Payments by the FDIC may be made by check or electronic funds transfer (EFT), or by a third party in lieu of payment directly from the FDIC, at the option of the FDIC. If the FDIC makes payment by EFT, the FDIC may, at its option, also forward the associated payment information by electronic transfer. Any third party payments will be made by the FDIC''s commercial purchase card issuer. In the event Contractor certifies in writing to the payment office that Contractor does not have an account with a financial institution or an authorized payment agent, the FDIC would make payments by other than EFT.

(b) Contractor Payment Requests. If the FDIC elects for third party payments to be made, Contractor shall make payment requests through a charge to the FDIC purchase card with the third party, at the time and for the amount due in accordance with the terms of this contract. Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between Contractor, the Contractor''s financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party are not subject to the Prompt Payment Act or any implementation thereof in this contract. Documentation of each charge against the FDIC''s purchase card shall be provided to the Contracting

Officer upon request.

Contractor is required, as a condition to any payment, to maintain current information in the System for Award

Management (SAM) database. Any invoice submitted with incorrect EFT information shall be deemed not to be a

Section G - Contract Administration Data PAGE 11 OF 52 proper invoice as defined in the Prompt Payment Act clause herein.

7.5.13-12 - Schedule for Invoicing - July 2008 For Firm-Fixed-Price, Contractor must submit invoice upon completion of the service or delivery of the goods.

7.5.13-13 - Contents of Invoice - March 2014 Contractor''s invoices must include the following items in order to be processed for payment:

(a) Contractor name, address and phone number.

(b) Invoice date. (Contractors must date invoices as close as possible to the date of electronic transmission to

FDIC.)

(c) Invoice number.

(d) Contract Number (e.g., Contract Number, Task Order Number, Delivery Order Number, etc.)

(e) Line Item Number(s), as identified in the contract, and the amount invoiced for each Line Item Number.

(f) Allocation of all hours and expenses to Financial Institution Number (FIN) and Asset Name/Number, if applicable.

(g) Description, quantity, unit of measure, unit price, extended price of goods delivered or services performed.

(h) Total invoice amount.

(i) Payment terms (discount for prompt payment terms).

(j) Remittance address.

(k) Billing Point of Contact (e.g., name (where practicable), title, phone number, and mailing address of person to notify if there are questions regarding the invoice).

(l) Shipping information (e.g., shipment number, date of shipment, bill of lading number and weight of shipment.

Shipping charges, if any, must be shown as a separate item on the invoice).

(m) For time and material or labor hour awards, copies of time sheets in support of direct labor charges.

(n) If travel expenses are reimbursable under the award, Contractor must submit travel documentation, receipts and other proof of expenses as required by the FDIC Contractor Travel Reimbursement Guidelines.

(o) If subcontractor expenses are reimbursable under a labor-hour or time-and-material award, Contractor must:

(1) identify subcontractor expenses and costs separate from prime contractor expenses and costs on the invoice it submits to FDIC;

(2) submit with its invoice, as supporting documentation, a copy of its subcontractor''s invoice when seeking reimbursement of subcontractor expenses.

(p) Pass through costs - If expenses or costs are reimbursable under the terms of the award, a description of each shall be provided in the invoice along with the quantity, unit amount, and total amount. Also, if amounts are derived from application of any formula, calculation, percentage, etc., such application must be clearly evident in the supporting documentation provided with the invoice.

(q) The following certification statement, signed by an authorized company representative:

"This is to certify that the services set forth herein [goods described herein] were performed [delivered] during the period stated.

Contractor''s Authorized Representative Date"

(r) Any other information or supporting documentation required by the award.

If an invoice does not contain the above required information; contains errors; or exceeds the total compensation ceiling limit for this award, the invoice will be returned to Contractor and processing of the invoice for payment will

Section G - Contract Administration Data PAGE 12 OF 52 be delayed until the deficiency is corrected.

In addition, the FDIC requires Contractors to maintain current information in the System for Award Management

(SAM) database and complete the annual renewal process, in order to receive timely invoice payments. FDIC may reject any invoice received from Contractor where processing of the invoice cannot be completed because

Contractor has failed to maintain its registration, including electronic funds transfer (EFT) information, in the SAM database.

7.5.13-14 - Electronic Invoice Preparation and Submission (CORHQ Business Unit) -

November 2023 Contractor must follow the FDIC’s electronic invoice preparation and submission instructions stated below:

(a) Contractor must email electronic invoices to the FDIC’s Division of Finance/Accounts Payable (DOF/AP) at the following address: DOFAPInvoice@fdic.gov

(b) Contractor must only email their invoices to the above DOF/AP email address and not the Oversight Manager or

Contracting Officer. The FDIC will not accept hand-delivered invoices or invoices sent to any other address (i.e., FDIC street address or any other email addresses).

(c) Contractor must submit the electronic invoice as a single file document, in PDF or Excel (.xlsx) format. If the size of a single PDF/Excel file exceeds 30 MB, the invoice may either be submitted as two PDF/Excel files, with neither

PDF/Excel file exceeding 30 MB, or it may be submitted as a zip file that does not exceed 30 MB. If two PDF/Excel files are used, each email must clearly identify that the invoice has been separated into two PDF/Excel files to accommodate the size limitation. If a zip file is used, the individual files inside the zip file must be kept to a minimum and each must have a descriptive file name, such as "Invoice cover page", "Timesheets", etc.)

If submitting in Excel, the following applies:

(1) The Excel file must be formatted in a manner acceptable to the Contracting Officer. The first tab or worksheet

(“Sheet”) in the Excel workbook must be the invoice itself, and subsequent tabs may be used for supporting information and calculations;

(2) The entire workbook (all tabs) must be formatted for printing in portrait format using letter-size pages, unless the Contracting Officer allows for landscape format and/or legal-size pages for one or more specified tabs;

(3) The entire workbook must allow for searching, sorting, filtering, and other data viewing options by FDIC personnel. All formulas in cells must be visible to FDIC personnel;

(4) Any unit price or hourly rate must be an exact amount as rounded and displayed in the contract schedule or pricing attachment, and all calculations using the unit price or hourly rate must use that exact displayed amount.

The Contractor must not use a unit price or hourly rate on an invoice that differs from the amount displayed in the contract. For example, if a unit price or hourly rate is displayed as $135.15 in the contract, all calculations in the workbook must be based on $135.15 (with no decimals beyond the cent), and must not be based on a pre-rounded amount from elsewhere in the Contractor’s systems; and

(5) Any cell containing a calculation or formula using dollar amounts must be rounded to two decimal places (no decimals beyond the cent). This rounding guideline must be applied to both intermediate and final calculations.

(d) Contractor must not include more than one electronic invoice in the same email. (For example, if a Contractor

Section G - Contract Administration Data PAGE 13 OF 52 has four task orders, a separate email with a single invoice must be submitted for each of the four task orders.)

(e) Contractor must name the PDF/Excel file or zip file in the following format (with invoice date shown as year/month/date followed by a space and the invoice number):

Invoice date and invoice number (e.g., 2023-01-31 1067876)

(f) Contractor’s email subject line must include the words, “Contractor Invoice”, followed by a hyphen and the

Contract Number (or Task Order Number, or Delivery Order Number, as applicable), as shown in the example below:

"Contractor Invoice – CORHQ-23-C-0000"

(g) Task Assignments: For contracts and task orders containing provisions for Task Assignments, a separate invoice must be submitted via a separate email for each Task Assignment.

(h) The counting of days for Prompt Payment begins on the date the invoice is received in the inbox of the DOF/AP email address, until 4PM. Invoices received after 4PM will be counted as being received the following FDIC workday.

Section G - Contract Administration Data PAGE 14 OF 52

Section H - Special Contract Requirements

7.1.3-02 - Post-Government Employment Certification (Post-Award) - May 2009 Any former Federal Deposit Insurance Corporation (FDIC) or Resolution Trust Corporation (RTC) employee who the contractor intends to use in performance of work under the contract or its subcontracts must complete and submit the post-government employment certification found at FDIC website https://www.fdic.gov/buying/goods/acquisition/index.html. The certification must be submitted to the Contracting

Officer prior to the former employee commencing work under the contract. The FDIC Legal Division Ethics Unit will review the certification to determine compliance with the post-government employment restrictions. The former employee may be required to provide additional information as to their position and responsibilities while employed at FDIC or RTC and as a post-government employee working on the FDIC contract or subcontract.

7.3.2-78 - Commercial Supplier Agreement Terms and Conditions - May 2025

1. Definitions:

A. “Commercial item” means any of the following: [Note: For purposes of this document, the term "commercial item" is interchangeable with the terms "commercially available”, "commercially available software”, "commercial component(s)", "commercial product(s)", and "commercial off-the-shelf (COTS)”.]

(1) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes and that has been sold, leased, licensed to the general public; or has been offered for sale, lease, or license to the general public.

(2) Any item that evolved from an item described in paragraph (1) through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a government solicitation.

(3) Any item that would satisfy a criterion expressed in paragraphs (1) and (2) of this definition, but for (i) modifications of a type customarily available in the commercial marketplace; or (ii) modifications of a type not customarily available in the commercial marketplace made to meet Federal government requirements.

(4) Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public.

(5) Installation services, maintenance services, repair services, training services, and other services if such

Section H - Special Contract Requirements PAGE 15 OF 52 services are procured for support of an item referred to in paragraph (1), (2), (3), or (4) of this definition, and if the source of such services--(i) offers such services to the general public and the Federal government contemporaneously and under similar terms and conditions; and (ii) offers to use the same work force for providing the Federal government with such services as the source uses for providing such services to the general public.

(6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services sold based on hourly rates without an established catalog or market price for specific service performed.

(7) Any item, combination of items, or service referred to in paragraphs (1) through (6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

(8) Any item determined by the procuring agency to have been developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments.

B. “Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” and intended to create a binding legal obligation on the end user, such as, but not exclusively, those used in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data. Such agreements may be referred to as Terms of Service (TOS), End User License Agreement (EULA) or another similar legal instrument or agreement and may be presented as a part of a proposal or quotation responding to a solicitation for contract or order. The term applies, regardless of the format or style of the document, whether in paper or electronic form.

2. Applicability. The following terms and conditions apply to any commercial supplier agreement as defined in this clause. These terms take precedence and supersede any conflicting or contrary terms in a contractor, subcontractor or associated third party Commercial license agreement. When any supply or service acquired under this contract is subject to a commercial supplier agreement, the terms of this clause shall be deemed incorporated into the commercial supplier agreement. In addition, the Commercial Supplier Agreement is a part of a contract between the commercial supplier and the FDIC for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders). For accepted terms under the commercial supplier agreement, the ordering activity FDIC may be bound as end user, but a

Government employee or person acting on behalf of the government in his or her personal capacity will not be bound. The commercial supplier or license agreement may be incorporated into an FDIC contract as modified by this clause. If a Commercial Supplier Agreement is not required for the goods and services performed by the contractor, all the terms listed below in this clause are not applicable to the contract.

3. Contract Formation. All terms intended to bind the FDIC must be included in static text form within the contract signed by the FDIC. Neither the FDIC nor any authorized end user shall be deemed to have agreed to any terms in the commercial supplier agreement or any terms of any associated third-party agreement by a click box or other comparable mechanism (e.g., “click-wrap” or "browse-wrap" agreements) and such purported execution does not bind the FDIC or an authorized end user and is null and void.

4. Authorization. By executing the Contract, Contractor represents that it is duly authorized to enter into the

Contract, including any amendments to the commercial supplier agreement as incorporated into the contract.

Section H - Special Contract Requirements PAGE 16 OF 52

5. Venue. Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

6. Limitations on Actions. Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

7. Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, binding arbitration shall not be used unless specifically authorized by a FDIC guidance, and equitable or injunctive relief, including award of attorney fees, costs or interest, may be awarded against FDIC only when explicitly provided by statute (e.g. Prompt Payment Act). Any terms in the commercial supplier agreement requiring that disputes be submitted to arbitration or that claims the supplier has the right to injunctive relief, attorney fees, costs or interest is null and void and shall not be enforceable against the Government.

8. Updating Terms. After award the contractor may unilaterally revise terms if they are not material. A material change is defined as: (A) Terms that significantly change Government’s rights or obligations; and (B) Terms that increase Government prices; (C) Terms that decrease overall level of service; or (D) Terms that limit any other

Government right addressed elsewhere in this contract. For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. Any terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

9. Representation. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516 or FDIC under 12 U.S.C. §

1819, unless otherwise provided by Federal law.

10. Warranties and Disclaimers. FDIC will accept the contractor’s commercial warranty, but does not accept a disclaimer of the implied warranty that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Additionally, FDIC does not accept a disclaimer of any warranties expressly provided for in the Contract.

11. Limitation of Liability. All limitations of liability accepted by FDIC shall only apply to claims based on contract and any limitations related to tort or other causes of action shall not apply and shall be null and void and unenforceable against the government. Notwithstanding anything to the contrary in the commercial supplier agreement, nothing in the contract or the commercial supplier agreement shall impair the U.S. Government''s right to recover for fraud or crimes arising out of or related to this Government contract under any federal fraud statute, including but not necessarily limited to the False Claims Act, 31 U.S.C. §§ 3729-3733.

12. Audit. Any audit requested by the contractor will be at the contractor’s or Licensor’s expense without reimbursement by the FDIC. Further, such audit may only be conducted if the auditor satisfies the FDIC’s security requirements for access to its facilities, systems and information.

13. Term and Termination. Neither the Contractor nor Licensor can unilaterally revoke, terminate or suspend an

Agreement or any associated rights granted to the FDIC. In the event of a dispute, the requirements specified in

Section H - Special Contract Requirements PAGE 17 OF 52 the Disputes paragraph of this document would apply.

14. Continued Performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the FDIC to be in breach of the agreement, it shall pursue its rights under the Disputes Clause of the contract or other applicable

Federal statute while continuing performance.

15. Confidentiality. If the agreement includes a confidentiality clause, it shall be amended to state that the

Government and Government employee’s obligations with regard to confidentiality are governed by statute, such as, but not exclusively, the Trade Secrets Act, 18 U.S.C. § 1905 and the Freedom of Information Act, 5 U.S.C. §

552. To the extent that the confidentiality language conflicts or in any way purports to alter the Government or

Government employee’s obligation with regard to confidentiality, such language shall be null and void and will not be enforceable against the Government.

16. Indemnification. Any language requiring the FDIC to indemnify a contractor or related third-party licensor is null and void and is unenforceable against the Government.

17. Automatic Renewal. Except as otherwise expressly agreed to by the FDIC, any provision of an Agreement requiring automatic renewal of the Agreement is unenforceable against the FDIC.

18. Integration. Any integration clause shall be amended to recognize the associated Contract and these terms and conditions as part of an “entire agreement.”

19. Disputes. If the supplier or licensor believes FDIC is in breach of the Agreements, it shall pursue its rights under the Disputes clause of the Contract and Federal laws and performance under the Contract shall continue pending resolution of the dispute.

20. Governing Law. This agreement shall be governed by Federal law. Any language purporting to subject the

U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where

Federal law expressly provides for the application of such laws, is hereby deleted.

21. Assignment. Neither the Contract nor these Agreements, as amended, shall be assigned, nor may any rights or obligations be delegated, without FDIC’s prior approval, except as permitted pursuant to Clause 7.6.5-05, Assignment of Claims.

22. Payment. The FDIC Contract governs the purchase and payment of fees. Payment for awards made by the

FDIC in its corporate capacity are subject to the Prompt Payment Act. 31 USC §§ 3901-05.

23. Taxes. The FDIC is exempt from paying any City, County, State, and Federal taxes as provided by Tax

Exempt Certificate No. 53-0185558.

24. Force Majeure. Failure to perform this contract according to its terms is excusable and not an event of default if the failure to perform is caused by events beyond the control of Contractor, and through no fault or negligence of

Contractor.

Section H - Special Contract Requirements PAGE 18 OF 52

7.4.2-02 - Off-site Processing and Storing of FDIC Information - August 2018

(a) Control and Protection of FDIC Information. The Contractor shall implement effective, administrative, technical, and physical safeguards to ensure that all FDIC information in its possession or under its control is adequately protected from loss, misuse, and unauthorized access or modification. The creation, collection, use, processing, storing, maintenance, dissemination, disclosure, and disposal of FDIC information shall comply with all applicable federal and state laws and FDIC directives, rules and regulations regarding protection of information. The

Contractor shall not use any FDIC information except to the extent necessary to carry out its obligations under the contract. The Contractor shall not disclose FDIC information to any third party unless disclosure is authorized in the contract, the Contractor obtains the prior written consent of the Contracting Officer, or to the extent expressly required by applicable law, in which case the Contractor shall notify the Contracting Officer at least ten (10) business day before such disclosure, to allow the FDIC to object or concur. The Contractor, subcontractor, or any entity under the Contractor’s control shall not access, disseminate, maintain, store, use or disclose FDIC information outside the United States, unless specifically directed by the contract or otherwise authorized by the

Contracting Officer.

(b) Return, Destruction and Retention of FDIC Information. All FDIC information remains the property of the FDIC.

Upon completion or termination of the contract, or at any time upon request of the Contracting Officer, Contractor shall promptly return to the Oversight Manager all FDIC information in its possession and/or securely dispose of it as required in the contract, Statement of Work, or as directed by the Oversight Manager. Information shall be returned securely in a format directed by the Oversight Manager. Retention of FDIC information by the Contractor beyond the conclusion of the contract is only permissible in accordance with clause 7.6.3-02, Contractor Return, Destruction and Retention of FDIC Information.

(c) Inspections/Assessments/Audits/Reviews/Examinations. To confirm Contractor’s compliance with this contract, as well as any applicable laws, regulations and industry standards, Contractor shall grant FDIC information security and privacy staff, the FDIC Office of the Inspector General, the U.S. Government Accountability Office (GAO), or an

FDIC-selected third party acting on the FDIC’s behalf, permission to perform inspections, assessments, audits, reviews or examinations of all controls in Contractor’s physical and/or technical environment in relation to all FDIC information being handled and/or services being provided to FDIC pursuant to this contract. The Contractor shall fully cooperate by providing access to knowledgeable personnel, physical premises, documentation, infrastructure and application software that collects, processes, transmits, or stores FDIC information pursuant to this contract.

These inspections, assessments, audits, reviews, and examinations may be conducted either by phone, electronically or in-person. Nothing in this clause shall be viewed as limiting the FDIC or the federal government’s audit and inspection rights delineated in other clauses of this contract or…