Federal Supply Schedule GS35F0007L

Authorized Information Technology

Schedule Pricelist www.cryptek.com

GS-35F-0007L Page 1

AUTHORIZED FEDERAL SUPPLY SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT,

SOFTWARE AND SERVICES

Special Item Numbers (SIN) Products/Services

132-8 ...............................................................................Purchase of Equipment 132-12 ........................................Maintenance, Repair Service and Repair Parts 132-33 .................................................................... Perpetual Software Licenses 132-34 .......................................................................... Maintenance of Software 132-50 .......................................................................................Training Courses

SIN 132-8 Purchase of Equipment

FSC Class 5810 .............................................. COMMUNICATIONS SECURITY

EQUIPMENT AND COMPONENTS

FSC Class 5815 ..........................................................FACSIMILE EQUIPMENT

NOTE: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, as applicable.

SIN 132-12 Maintenance of Equipment, Repair Service, and Repair Parts

FPDS Code J070 ........................................See FSC Class for basic equipment

SIN 132-33 Perpetual Software Licenses

FSC Class 7030 .......................... INFORMATION TECHNOLOGY 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 gov.

SIN 132-34 Maintenance of Software

No Code or Class........................................... See FSC Class for basic software

SIN 132-50 Training Courses

FPDS Code U012 ......................... TRAINING COURSES FOR INFORMATION

TECHNOLOGY EQUIPMENT AND SOFTWARE

Contractor:

Cryptek, Inc.

1501 Moran Road Sterling, VA 20166

(571) 434-2000

Contract Number: GS-35F-0007L

Period Covered By Contract:

October 1, 2000 through September 30, 2010

General Services Administration Federal Supply Service

Products and ordering information in this Authorized FSS Information

Technology Schedule Pricelist are also available on the GSA Advantage!

System. Ordering activity can browse GSA Advantage! by accessing the

Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/.

TABLE OF CONTENTS

Section Page

Information for Ordering Activities

Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment (Special Item Number 132-8)

Terms and Conditions Applicable to Maintenance, Repair Service and Repair Parts for Ordering Activity-Owned General Purpose Commercial Information Technology Equipment (After Expiration of Guarantee/Warranty Provisions and/or When Required Service is not Covered by Guarantee/Warranty Provisions) (Special Item 132-12)

Terms and Conditions Applicable to Perpetual Software License (Special Item Number 132-33) and Maintenance of Software (Special Item Number 132-34) of General Purpose Commercial Information 10

Terms and Conditions Applicable to Purchase of Training Courses for General Purpose Commercial Information Technology Equipment and Software (Special Item Number 132-50)

USA Commitment to Promote Small Business Participation Procurement Programs

Suggested Formats for Blanket Purchase Agreements

Basic Guidelines for Using Contractor Team Arrangements

Authorized Pricelist

CONTRACT MODIFICATIONS

This Schedule Contract Pricelist includes Modifications through Number PO-0062 effective May 22, 2008.

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INFORMATION FOR ORDERING OFFICES

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 this contract is the 48 contiguous states, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the U.S. Territories and all other overseas locations.

The geographic scope is the same for all items offered under this contract.

2. CONTRACTOR ORDERING ADDRESS AND PAYMENT

INFORMATION:

a. ORDERING ADDRESS.

Cryptek, Inc.

1501 Moran Road Sterling, VA 20166 Or Cryptek, Inc.

c/o Authorized Reseller (See Listing)

b. PAYMENT ADDRESS.

Cryptek, Inc.

1501 Moran Road Sterling, VA 20166 Or Cryptek, Inc.

c/o Authorized Reseller (See Listing)

When Authorized Dealers are allowed by the Contractor to bill ordering activity and accept payment, the order and/or payment must be in the name of the Contractor, in care of the Authorized Dealer.

c. CREDIT CARDS. 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 be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer will be printed on the invoice.

d. TECHNICAL AND/OR ORDERING ASSISTANCE. The following telephone numbers that can be used by ordering activities to obtain technical and/or ordering assistance:

Ordering Assistance.................................. (800) 753-0706

Technical Assistance on the Facsimile and Network Products .............. (800) 753-0706

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

ACTIVITIES COMPLETION OF STANDARD FORM 279:

a. Information for Field Buying Offices to Complete Standard

Form 279, Federal Procurement Data System (FPDS) Individual Contract Action Report.

Block 9: G (Order/Modification Under Federal

Schedule).

Block 16: Data Universal Numbering System

(DUNS) number is 93-335-0100.

Block 30: Type of Contractor is (B) Other Small

Business.

Block 31: Woman-Owned Small Business (No).

Block 36: Contractor's Taxpayer Identification

Number (TIN) is 26-0014321.

b. CAGE CODE: 09JM1 (for DD Form 350).

c. Contractor has registered with the Central Contractor

Registration Database.

5. F.O.B. POINT:

a. Destination for the 48 contiguous states, the District of

Columbia, Alaska, Hawaii, and the Commonwealth of Puerto Rico.

b. Point of Exportation for all other overseas locations. In place of an delivery/installation date for equipment, a shipping date shall be specified on the order. The Contractor shall pay for shipment to a CONUS APO/FPO or point of exportation designated by the Contracting Officer. At the option of the ordering activity, F.O.B. will be Point of Origin, with freight prepaid and invoiced.

Authorization for all shipping, export, and other charges must be included on the ordering activity order.

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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:

Delivery Time

Special Item Number (Days ARO)

For Facsimile Products:

132-8 ....................................................................60 Days

For DiamondTek Products:

132-8 ....................................................................30 Days 132-33 ..................................................................15 Days

b. EXPEDITED DELIVERY. For those items that can be delivered quicker than the delivery times in paragraph (a), above, the offeror is requested to insert below, a time (hours/days ARO) that delivery can be made when expedited delivery is requested.

Expedited Delivery Time

Special Item Number (Hours/Days ARO)

For Facsimile Products:

132-8 ....................................................................30 Days

For DiamondTek products:

132-8 ....................................................................15 Days 132-33 ....................................................................7 Days

c. OVERNIGHT AND 2-DAY DELIVERY. When schedule customers require overnight or 2-day delivery, ordering activities are encouraged to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor provides overnight and 2-day delivery times subject to the availability of product inventory. The Contractor shall pay for shipment, with freight prepaid and invoiced.

Authorization must be included on the ordering activity order for products.

d. 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:

a. PROMPT PAYMENT. Prompt payment is 0 % 30 days, Net 30 days from receipt of invoice or date of acceptance, whichever is later.

b. QUANTITY. NONE.

c. DOLLAR VOLUME. NONE.

d. EDUCATIONAL INSTITUTIONS. Educational Institutions are offered the same discounts as all ordering activity customers.

e. PREPAYMENT MAINTENANCE DISCOUNT. 5% discount on the Standard, Premium and Premium Plus Support Plans (for use at the expiration of the warranty) if purchased with the initial hardware/software order.

Discount only applies to the first year’s maintenance plan

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 available within the scope of this contract.

10. SMALL REQUIREMENTS:

The minimum dollar value of an order for delivery to one destination is $100.00.

11. MAXIMUM ORDER: (All dollar amounts are exclusive of any discount for prompt payment)

a. SPECIAL ITEM 132-8 - PURCHASE OF EQUIPMENT.

The maximum dollar value per order for all purchased equipment will be $500,000.

b. SPECIAL ITEM 132-12 – MAINTENANCE OF

EQUIPMENT. The maximum dollar value per order for all maintenance of equipment will be $500,000.

c. SPECIAL ITEM 132-33 - PERPETUAL SOFTWARE

LICENSES. The maximum dollar value per order for all perpetual licenses will be $500,000.

d. SPECIAL ITEM 132-34 – MAINTENANCE OF

SOFTWARE. The maximum dollar value per order for all maintenance of software will be $500,000.

e. SPECIAL ITEM 132-50 - TRAINING COURSES. The maximum dollar value per order for all training courses will be $25,000.

12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY

SCHEDULE CONTRACTS

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.

a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.

b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.

13. FEDERAL INFORMATION TECHNOLOGY/

TELECOMMUNICATION STANDARDS REQUIREMENTS:

Federal departments and 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

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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. CONTRACTOR TASKS / SPECIAL REQUIREMENTS

(C-FSS-370) (NOV 2001):

a. SECURITY CLEARANCES: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

b. TRAVEL: The Contractor may be required to travel in performance of orders issued under this contract.

Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.

NOTE: Refer to FAR Part 31.205-46 Travel Costs, for allowable costs that pertain to official company business travel in regards to this contract.

c. CERTIFICATIONS, LICENSES AND ACCREDITATIONS:

As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

d. INSURANCE: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.

e. PERSONNEL: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel.

f. ORGANIZATIONAL CONFLICTS OF INTEREST: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

g. DOCUMENTATION/STANDARDS: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.

h. DATA/DELIVERABLE REQUIREMENTS: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.

i. GOVERNMENT-FURNISHED PROPERTY: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

j. AVAILABILITY OF FUNDS: Many Government agencies’ operating funds are appropriated for a specific fiscal year.

Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

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!:

The 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 category(ies).

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

17. PURCHASE OF OPEN MARKET ITEMS:

NOTE: Open Market Items are also known as incidental items, non-contract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated at open market purchases. Ordering Activities procuring open market items must follow FAR 8.401(d).

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

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 purchase, maintenance and repair in areas listed in the pricelist outside the 48 contiguous states, the District of Columbia, Alaska, Hawaii, and the Commonwealth of Puerto Rico, except as indicated below:

a. Orders will be accepted by the Contractor on a case by case basis.

b. Orders will be subject to F.O.B. terms set forth in paragraph 5.b.

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 (Purchase, Maintenance, and Repair Service).

20. BLANKET PURCHASE AGREEMENTS (BPAs):

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

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 Clause 552.238-74, Industrial Funding Fee and Sales Reporting, 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 132-8.

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 address.

The Contractor is in the process of determining Section 508 conformance.

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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.

25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION

(JAN 1997) (FAR 52.228-5)

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

b. Before commencing work under this contract, the

Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY.

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 gov.

27. ADVANCE PAYMENTS:

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF

GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY EQUIPMENT (SPECIAL ITEM 132-8)

1. MATERIAL AND WORKMANSHIP:

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

2. ORDER:

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

For credit card orders and BPA’s, telephone orders are permissible.

3. TRANSPORTATION OF EQUIPMENT:

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

4. INSTALLATION AND TECHNICAL SERVICES:

a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity’s location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment.

The charges for such services are set forth in the Pricelist.

b. INSTALLATION, DEINSTALLATION, REINSTALLATION.

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall 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.

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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 construction classified installation, deinstallation, and reinstallation services under SIN 132-8.

c. OPERATING AND MAINTENANCE MANUALS. The

Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals relating to the equipment being installed/purchased that is normally provided commercially at no charge.

5. INSPECTION/ACCEPTANCE:

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

6. WARRANTY:

a. Unless specified otherwise in this contract, the

Contractor’s standard commercial warranty as set forth below will apply to this contract.

For a period of one (1) year from shipment, the Company warrants the Products to be free from defects in material and workmanship. The sole liability of the Company in this respect is limited to furnishing, without charge, repair or replacements for Products which have been promptly reported in writing by the Buyer as being defective, have been returned to the Company at Buyer’s risk and expense, and are determined to be defective by the Company upon inspection.

The above warranties are for the benefit of and shall apply only to the Buyer. The above warranties will not apply if the defect arises out of accident, neglect, unauthorized alteration, misuse, failure of electric power, air conditioning, humidity control, causes other than ordinary use, or causes beyond the Company’s control. Parts and repair service outside the scope of this warranty will be furnished as available and at then-current prices.

Installation assistance, and maintenance and repair service plans, may be obtained separately from the Company.

THE FOREGOING WARRANTIES ARE IN LIEU OF ANY

OTHER WARRANTIES EXPRESS OR IMPLIED. THE

CONTRACTOR SHALL IN NO EVENT BE LIABLE FOR

SPECIAL, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES, OR ANY DAMAGES

WHATSOEVER RESULTING FROM LOSS OF USE,

DATA OR PROFITS, ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT OR THE USE

OF THE PRODUCTS, WHETHER IN A CONTRACT OR

TORT ACTION INCLUDING NEGLIGENCE, EVEN IF

THE CONTRACTOR HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE CONTRACTOR HAVE ANY

LIABILITY IN EXCESS OF AMOUNTS PAID TO THE

CONTRACTOR UNDER ORDERING ACTIVITY ’S

PURCHASE ORDER.

Firmware warranty is listed under the provisions of SIN 132-33 (Paragraph 2, Guarantee/Warranty).

The current commercial warranty for each Manufacturer is set forth in the Authorized Pricelist.

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

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

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

Sterling, VA 20166 and defective equipment will normally be repaired or replaced within fourteen (14) days after receipt.

The Contractor may instruct the ordering activity to forward a product to the original manufacturer for repair under the warranty.

7. PURCHASE PRICE FOR ORDERED EQUIPMENT:

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

8. RESPONSIBILITIES OF THE CONTRACTOR:

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

9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT:

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

GS-35F-0007L Page 8

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE,

REPAIR SERVICE AND REPAIR PARTS FOR ORDERING

ACTIVITY-OWNED GENERAL PURPOSE INFORMATION

TECHNOLOGY EQUIPMENT (AFTER EXPIRATION OF

GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN

REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/

WARRANTY PROVISIONS (SPECIAL ITEM 132-12)

1. SERVICE AREAS:

a. The maintenance rates listed herein are applicable to any ordering activity location within the scope of this contract.

b. Maintenance services will be performed at the

Contractor's plant listed below:

Sterling, VA 20166

c. The Contractor may instruct the ordering activity to forward a product to the original manufacturer for repair under the maintenance plans.

2. MAINTENANCE ORDER:

a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132- 12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor.

b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the Authorized Pricelist.

Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period.

c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date.

d. ANNUAL FUNDING. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period.

e. 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.

f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period.

3. REPAIR SERVICE AND REPAIR PARTS ORDERS:

Ordering activities may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts under this contract. Orders for repair service shall not extend beyond the end of the contract period.

4. LOSS OR DAMAGE:

When the ordering activity returns equipment to the Contractor’s establishment for repairs, the ordering activity shall be responsible for any damage or loss from the time the equipment is removed from the ordering activity installation until it is received at the Contractor’s facility. The Contractor shall only be responsible for any loss or damage while the equipment is at the Contractor’s facility and until the equipment is returned to such installation.

5. SCOPE:

a. The Contractor shall provide maintenance for equipment listed herein, as requested by the ordering activity during the contract term. Repair service and repair parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule.

b. Equipment placed under maintenance service shall be in good operating condition.

(1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity.

(2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.

(3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract).

GS-35F-0007L Page 9

6. RESPONSIBILITIES OF THE ORDERING ACTIVITY:

Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor.

7. RESPONSIBILITIES OF THE CONTRACTOR:

For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required.

8. MAINTENANCE RATE PROVISIONS:

The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity.

a. FACSIMILE PRODUCTS. For the Facsimile products, maintenance includes standard Return to Factory Repair service for hardware products. Defective equipment will be normally repaired or replaced within fourteen (14) days after receipt. Monthly rates are set forth in the Authorized Pricelist.

b. DIAMONDTEK PRODUCTS. Software and hardware maintenance support plans include the following:

(1) STANDARD SUPPORT. Standard Support provides for a higher level of response and includes the following features:

• Email or phone technical support, 8:00 am – 5:00 pm, Eastern Standard Time, Monday – Friday, excluding Cryptek holidays, with a one-business day target response time.

• Five-business day replacement for hardware.

• All software maintenance releases and software upgrades during the contract period.

The Standard Support Agreement has an initial term of one year.

(2) PREMIUM SUPPORT. Premium Support provides for a higher level of response for mission critical environments, and includes the following features:

• Email or phone technical support, 7:00 am – 7:00 pm, Eastern Standard Time, Monday – Friday, excluding Cryptek holidays, with a same day target response time.

• All software maintenance releases and software upgrades during the contract period.

The Premium Support Agreement has an initial term of one year.

(3) PREMIUM PLUS SUPPORT. Premium Plus Support provides for the highest level of response for the most mission critical environments, and includes the following features:

• Email or phone support, 7 X 24 X 365, with a four-hour target response time.

• Next business day replacement for hardware.

• All software maintenance releases and software upgrades during the contract period.

The Premium Plus Support Agreement has an initial term of one year

Under all the Annual Maintenance Support Services

(Standard Support, Premium Support and Premium Plus Support Plans), transportation costs for shipment of defective products to the Contractor is the ordering activity’s responsibility. Transportation costs for shipment of repaired products back to ordering activity will be Contractor’s responsibility.

(4) See Paragraph c. REPAIR SERVICE RATES below.

9. REPAIR SERVICE RATE PROVISIONS:

a. CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work.

b. TRANSPORTATION.

(1) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision, the cost of transportation, packing, etc., from the ordering activity location to the Contractor's plant, and return to the ordering activity location, shall be borne by the ordering activity.

(2) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction.

c. REPAIR SERVICE RATES.

Sunday and

Minimum Regular Hours After Hours Holiday Charge* Per Hour** Per Hour** Per Hour

At Contractor’s Shop

$124............. $124. ......................$124. ........................... $124

*Minimum charges include one hour.

**Fractional hours, at the end of the job, will be prorated

10. REPAIR PARTS RATE PROVISIONS:

All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this Authorized Pricelist, shall be new, standard parts manufactured by the equipment manufacturer. Repair parts not listed in the Price List are discounted at 6.6% off the current list price effective October 1, 2000.

11. GUARANTEE/WARRANTY - REPAIR SERVICE AND REPAIR

PARTS/SPARE PARTS:

a. REPAIR SERVICE. All repair work will be guaranteed/warranted for a period of 90 days.

b. REPAIR PARTS. All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period of 90 days.

GS-35F-0007L Page 10

12. INVOICES AND PAYMENTS:

a. MAINTENANCE SERVICE.

(1) 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.

(2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day.

b. REPAIR SERVICE AND REPAIR PARTS/SPARE

PARTS. Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of the work. Payment under blanket purchase orders will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph 10, above. PROMPT PAYMENT DISCOUNT, IF

APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

TERMS AND CONDITIONS APPLICABLE TO PERPETUAL

SOFTWARE LICENSES (SPECIAL ITEM 132-33) AND

MAINTENANCE (SPECIAL ITEM 132-34) OF GENERAL

PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

SOFTWARE

1. INSPECTION/ACCEPTANCE:

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

2. GUARANTEE/WARRANTY:

a. Unless specified otherwise in this contract, the

Contractor’s standard commercial guarantee/warranty as set forth below will apply to this contract.

Contractor warrants that the Software, when properly used, will operate in all material respects in conformity with Contractor’s published specifications for such version, and the Software media shall be free of defects for ninety (90) days.

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

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

3. TECHNICAL SERVICES:

Technical services are only provided under SIN 132-34 Software Maintenance (See Paragraph 4 below).

4. SOFTWARE MAINTENANCE:

a. Software and hardware maintenance support plans include the following:

(1) STANDARD SUPPORT. Standard Support provides for a higher level of response and includes the following features:

• Email or phone technical support, 8:00 am – 5:00 excluding Cryptek holidays, with a one-business day target response time.

• Five-business day replacement for hardware.

• All software maintenance releases and software upgrades during the contract period.

(1) The Standard Support Agreement has an initial term

(2) PREMIUM SUPPORT. Premium Support provides for a higher level of response for mission critical environments, and includes the following features:

• Email or phone technical support, 7:00 am – 7:00 excluding Cryptek holidays, with a same day target response time.

• Two-business day replacement for hardware.

• All software maintenance releases and software upgrades during the contract period.

The Premium Support Agreement has an initial term

(5) PREMIUM PLUS SUPPORT. Premium Plus Support provides for the highest level…