MAS - Texifter LLC - GS35F002CA

GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY SERVICE

Multiple Award Schedule (MAS) Consolidation On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system. The Internet address for GSA Advantage! is: http://www.gsaadvantage.gov

FSC Group: Multiple Award Schedule (MAS) 54151S Information Technology Professional Services 54151ECOM Electronic Commerce and Subscription Services

CONTRACT NUMBER:

GS-35F-002CA

PERIOD COVERED BY CONTRACT:

October 1, 2019 - September 30, 2024

Price list current through Mass Mod A826, dated November 14, 2020

Texifter, LLC 237 Shutesbury RD.

Amherst, MA 01002

(P) 413-992-8513

(F) 413-485-9138 www.texifter.com

Contractor’s Administration Source: stu@texifter.com

General Services Administration Management Services Center Acquisition Division

Business Size: Small

DUNS: 832343086

Contracts awarded under this Information Technology Solicitation will have variable contract periods; i.e., contracts will be in effect for an initial period of five years from the date of award. There is a possibility to extend the contract for three optional five year periods, for a possible total contract period of 20 years. See I-FSS-163 OPTION TO EXTEND THE TERM OF THE

CONTRACT (EVERGREEN).

PERIOD COVERED BY CONTRACT:

Base Period: 10/01/2014 – 09/30/2019 Option 1: 10/01/2019 - 09/30/2024 Option 2: 10/01/2024 - 09/30/2029 Option 3: 10/01/2029 - 09/30/2034

Note: There is a possibility to extend the contract for three optional five year periods, for a possible total contract period of 20 years. See I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN). Contracts awarded under this standing solicitation will commence on the DATE OF AWARD and end five years from that date (unless contract is canceled/terminated or extended). Contracts awarded under this Information Technology Solicitation will have variable contract periods;i.e., contracts will be in effect for an initial period of five years from the date of award.

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

@texifter ■ U.S. Gene al Service< Administration http://www.gsaadvantage.gov/ http://www.texifter.com/ mailto:stu@texifter.com http://www.fss.gsa.gov/

GSA AWARDED TERMS AND CONDITIONS

TEXIFTER, LLC

1a.

1b.

1c.

TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs)

54151S: Information Technology Professional Services 54151ECOM: Electronic Commerce and Subscription Services

LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: Refer to Pricelist

HOURLY RATES (Services Only): Refer to Pricelist

2. MAXIMUM ORDER*: $500,000 per Order

*If the “best value” selection places your order over this Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may

(1) offer a new price for this requirement; (2) offer the lowest price available under this contract;

or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the Schedule contract in accordance with FAR 8.404

3. MIMINUM ORDER: None

4. GEOGRAPHIC COVERAGE: SIN 54151S & SIN 54151ECOM: 48 contiguous states, DC.

5. POINT(S) OF PRODUCTION: US

6. TERMS REGARDING MANUFACTURERS’ END-USER LICENSE AGREEMENTS (FOR

SOFTWARE ONLY): This contract, or the warranties guaranteed hereunder, is in no way affected, altered, or modified by any Manufacturer End-User License Agreement, unless the Contracting Officer has expressly incorporated a “Government” User End Licensing Agreement into the Contract. The terms of any “Commercial, Special or Other” user licensing agreement that has not been officially incorporated herein are applicable only to the Contractor-Manufacturer relationship, and do not alter the Government's rights or the Contractor's obligations under this contract.

7. BASIS OF AWARD CONTRACT TERMS: Net GSA pricing is listed in the attached pricing table

8. PROMPT PAYMENT TERMS: 0%, Net 30 Days

9a. Government purchase cards are accepted at or below the micro-purchase threshold

9b. Government purchase cards are not accepted above the micro-purchase threshold

10. FOREIGN ITEMS: None

11a. TIME OF DELIVERY: 30 DARO

11b. EXPEDITED DELIVERY: As negotiated between Contractor and Ordering Activity

11c. OVERNIGHT AND 2-DAY DELIVERY: As negotiated between Contractor and Ordering Activity

11d. URGENT REQUIREMENTS: Agencies can contact the Contractor’s representative to affect a faster delivery. Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery.

12. FOB POINT: Destination Note: All travel required in the performance of this contract and orders placed hereunder must comply with the Federal Travel Regulations (FTR) or Joint Travel Regulations (JTR), as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all contractor travel. Contractors cannot use GSA city pair contracts. The contractor shall not add the Industrial Funding Fee onto travel costs. (FOB Terms noted above)

13a. ORDERING ADDRESS:

Texifter, LLC 237 Shutesbury Road Amherst, MA 01002 P: 413-992-8513 F: 413-485-9138

13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in FAR 8.405-3

14. PAYMENT ADDRESS:

Texifter, LLC Attention: Account Receivable 237 Shutesbury Road Amherst, MA 01002

15. WARRANTY PROVISION: Refer to EULA

16. EXPORT PACKING CHARGES: N/A

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE:

Accepted at or below the micro-purchase threshold

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (if applicable). N/A

19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A

20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS

AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A

20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A

21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A

22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A

23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A

24a. SPECIAL ATTRIBUITES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/A

24b. Section 508 Compliance for EIT: N/A

25. DUNS NUMBER: 832343086

26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT

(SAM) DATABASE: Contractor is active in SAM. Cage Code: 5T2L2

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT)

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 54151S)

1. SCOPE

a. The prices, terms and conditions stated under Special Item Number 54151S Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule.

b. The Contractor shall provide services at the Contractor’s facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity.

2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives (April 2000)

a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract.

b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c. Incentives should be designed to relate results achieved by the contractor to specified targets.

To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

3. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

4. PERFORMANCE OF SERVICES

a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity.

b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity.

c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner.

d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES

In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007) for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT

TERMS AND CONDITIONS COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I – OCT 2008)

(DEVIATION I – FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data – General, may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services.

9. INDEPENDENT CONTRACTOR

All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity.

10. ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions.

“Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

“Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508.

11. INVOICES

The Contractor, upon completion of the work ordered, shall submit invoices for IT Professional services.

Progress payments may be authorized by the ordering activity on individual orders if appropriate.

Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month.

12. PAYMENTS

For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition. As prescribed in 16.601(e)(3), insert the following provision:

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

13. RESUMES

Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request.

14. INCIDENTAL SUPPORT COSTS

Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR.

15. APPROVAL OF SUBCONTRACTS

The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order.

16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING

a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 54151S IT Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles (labor categories) for those individuals who will perform the service should be provided.

b. Pricing for all IT Professional Services shall be in accordance with the Contractor’s customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education.

The following is an example of the manner in which the description of a commercial job title should be presented:

EXAMPLE: Commercial Job Title: System Engineer

Minimum/General Experience: Three (3) years of technical experience which applies to systems analysis and design techniques for complex computer systems. Requires competence in all phases of systems analysis techniques, concepts and methods; also requires knowledge of available hardware, system software, input/output devices, structure and management practices.

Functional Responsibility: Guides users in formulating requirements, advises alternative approaches, conducts feasibility studies.

Minimum Education: Bachelor’s Degree in Computer Science

TERMS AND CONDITIONS APPLICABLE TO

ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES (SPECIAL IDENTIFICATION NUMBER

54151ECOM)

1. SCOPE

The prices, terms and conditions stated under Special Item Number 54151ECOM Electronic Commerce (EC) Services apply exclusively to EC Services within the scope of this Information Technology Schedule.

2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE

The Ordering Activity shall specify the capacity and coverage required as part of the initial requirement.

3. INFORMATION ASSURANCE

a. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act

(FISMA)

b. The Ordering Activity shall assign an impact level (per Federal Information Processing Standards Publication 199 & 200 (FIPS 199, “Standards for Security Categorization of Federal Information and Information Systems”) (FIPS 200, “Minimum Security Requirements for Federal Information and Information Systems”) prior to issuing the initial statement of work. Evaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 54151ECOM is capable of meeting at least the minimum security requirements assigned against a low-impact information system (per FIPS 200).

c. The Ordering Activity reserves the right to independently evaluate, audit, and verify the FISMA compliance for any proposed or awarded Electronic Commerce services. All FISMA certification, accreditation, and evaluation activities are the responsibility of the ordering activity.

4. DELIVERY SCHEDULE.

The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph 6. Delivery Schedule.

5. INTEROPERABILITY.

When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement.

6. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

7. PERFORMANCE OF ELECTRONIC SERVICES

The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity.

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.

9. RIGHTS IN DATA

The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA – GENERAL and with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character.

10. ACCEPTANCE TESTING

If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures.

11. WARRANTY

The Contractor shall provide a warranty covering each Contractor-provided electronic commerce service. The minimum duration of the warranty shall be the duration of the manufacturer’s commercial warranty for the item listed below:

Refer to EULA

The warranty shall commence upon the later of the following:

a. Activation of the user’s service

b. Installation/delivery of the equipment

The Contractor, by repair or replacement of the defective item, shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement, the user shall return the defective item(s) to the Contractor as soon as possible but not later than ten (10) working days after notification.

12. MANAGEMENT AND OPERATIONS PRICING

The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service.

13. TRAINING

The Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. If there is a separate charge, indicate below:

Refer to Pricelist.

14. MONTHLY REPORTS

In accordance with commercial practices, the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report.

14. ELECTRONIC COMMERCE SERVICE PLAN

(a) Describe the electronic service plan and eligibility requirements.

Refer to EULA

(b) Describe charges, if any, for additional usage guidelines.

Refer to Pricelist

(c) Describe corporate volume discounts and eligibility requirements, if any.

Refer to Pricelist.

Texifter, LLC Awarded Pricelist: SIN 54151ECOM

SIN MFR MFR PART NO PRODUCT NAME PRODUCT DESCRIPTION UOI

GSA PRICE

(inclusive of the .75% IFF)

WARRANTY COO

54151ECOM Texifter , LLC Profesional-00 Professional

(Hosted by Texifter) 10,000 Units - 1 Professional Seat - 0 Enterprise Seats - Unlimited Projects per month $93.76 Standard Commercial US per year $946.16 Enterprise Tier-1

54151ECOM Texifter

, LLC

Enterprise Tier-

Enterprise Tier-1 (Hosted by Texifter)

500,000 Units - 1 Enterprise Seat - 5 Professional Seats - Unlimited Projects

Per Month $1,894.21 Standard Commercial US

Per Year $18,942.07 Standard Commercial US

Additional Data Options 54151ECOM Texifter

, LLC

Additional Data

Units-01 500,000 Additional

Data Units 500,000 Additional Data Units (Shared) month $94.71 Standard Commercial US

54151ECOM Texifter

, LLC

Additional Data Feeds-01

10 additional data feeds 10 Additional Data Feeds (Shared) month $56.83 Standard

Commercial US

54151ECOM Texifter

, LLC

Enterprise-

BULK

Bulk Yearlong Enterprise License (Hosted by Texifter)

50 Simultaneous Enterprise Users - 50 Million Units (Shared) Per Bulk $94,710.33 Standard

Commercial US

54151ECOM Texifter

, LLC

Professional-

BULK

Bulk Yearlong Professional

License(Hosted by Texifter)

50 Simultaneous Professional Users - 5 Million Units (Shared) Per Bulk $50,632.14 Standard

Commercial US

54151ECOM Texifter

, LLC

Enterprise-

SITE

Unlimited Enterprise Site License (Client

Hosted)

250 Simultaneous Enterprise Users - Unlimited Units per year $142,065.49 Standard

Commercial US

54151ECOM Texifter

, LLC

Professional-

SITE

Unlimited Professional License

(Client Hosted)

250 Simultaneous Professional User - Unlimited Units per year $71,032.75 Standard

Commercial US

54151ECOM Texifter

, LLC

Enterprise- Perpetual

Unlimited Enterprise Site License (Client

Hosted) Unlimited one time $236,775.82 Standard

Commercial US

Additional Users (Option available for Enterprise Tier packages only - Not "Professional")

54151ECOM Texifter

, LLC

Enterprise Users-01

1-10 Additional Enterprise Users 1-10 Additional Users per user per month $567.31 Standard

Commercial US

54151ECOM Texifter

, LLC

Enterprise Users-02

11-20 Additional Enterprise Users 11-20 Additional Enterprise Users per user per month $377.89 Standard

Commercial US

54151ECOM Texifter

, LLC

Enterprise Users-03

21+ Enterprise Users 21+ Enterprise Users per user per month $188.47 Standard

Commercial US

54151ECOM Texifter

, LLC

Professional Users-01

1-10 Additional Professional Users 1-10 Additional Professional Users per user per month $93.76 Standard

Commercial US

54151ECOM Texifter

, LLC

Professional Users-02

11-20 Additional Professional Users 11-20 Additional Professional Users per user per month $62.51 Standard

Commercial US

54151ECOM Texifter

, LLC

Professional Users-03

21+ Additional Professional Users 21+ Additional Professional Users per user per month $31.25 Standard

Commercial US

*A data feed is a single rule or feed collecting data from social media APIs, databases, and all other "live" data sources to be stored in DiscoverText. The number of feeds for the account is the number of simultaneous feeds that can be run at once. Additional data units, data feeds, and additional license seats can be purchased as options on the next page after you select a base package.

Texifter, LLC Awarded Pricelist: SIN 54151S

SIN

LABOR

CATEGORY

MINIMUM

YEARS OF

EXPERIENCE FUNCTIONAL RESPONSIBILITES

MINIMUM

EDUCATION/

CERTIFICATI

ON LEVEL

UNIT OF

ISSUE

AWARDED

HOURLY

NET GSA

PRICE

54151S Project Principal 10

Responsible for project development from inception to deployment, expertise in the management and control of resources, demonstrated capability in managing multi-task contracts and/or subcontracts of various types and complexity. General experience in information systems design and/or management. Responsible for formulating and enforcing work standards, assigning contractor schedules, reviewing work discrepancies, supervising contractor personnel and communicating policies, purposes, and goals of the organization to subordinates. Is responsible for the overall contract performance.

Master’s Degree Hourly $167.51

*Bachelors Degree and four additional years of experience can be substituted for a Masters degree

Due to the availability or limitation of education, occasionally substitution of experience as referenced below for a professional labor type with additional years of experience will be provided to the Federal Agency when responding to their IT requirements and it is solely the acquiring agency’s determination, if the substitution is considered acceptable prior to an award.

Texifter, LLC Terms of Service

1. Your relationship with Texifter, LLC

1.1 Your use of Texifter, LLC's products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Texifter, LLC.

"Texifter" means Texifter, LLC, whose principal place of business is at 237 Shutesbury Rd. Amherst, MA 01002, United States. This document explains how the agreement is made up, and sets out the terms of that agreement.

1.2 If you are using Texifter’s Services as an agent employed by or on behalf of a local, state, or federal government agency (the “Agency”) within the United States “You” within these Terms of Service shall mean the Agency itself and shall not apply to, or bind (i) the individual(s) who utilize the Company site or services on Agency's behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency.

1.3 You agree that by accepting these Terms it does not create an agency, partnership, joint venture, or employer/employee relationship between Texifter and you or any Agency on your behalf.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Texifter, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of these Universal Terms for your records.

3. Language of the Terms

3.1 Where Texifter has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Texifter.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Texifter

4.1 Texifter is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Texifter provides may change from time to time without prior notice to you.

4.2 You may stop using the Services at any time. You do not need to specifically inform Texifter when you stop using the Services.

4.3 You acknowledge and agree that if Texifter disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.4 If you are using the Service on behalf of an Agency described in 1.2, in case of termination of service, within 30 days of such termination Texifter will provide you, upon request, with all user-generated content that is publicly visible through the Service that You created using the Service. Data will be provided in a commonly used file or database format as Texifter deems appropriate. Texifter will not provide data if doing so would violate its Privacy and Security Statement, provided below.

4.5 You acknowledge and agree that while Texifter may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, but may have fixed upper limits on the amount of storage space used for the provision of any Service depending on your user account level, such fixed upper limits may be set by Texifter at any time, at Texifter's discretion.

4.6 You acknowledge that Texifter may make some of its Services available only at a pay-for-service level or through a negotiated license agreement with You or an Agency on your behalf. You acknowledge that while Texifter will provide You with some services and features for free, Texifter reserves the right to begin charging for those services and features at some point in the future. Texifter will provide you with at least 30 days advance notice of a change involving the charging of fees beyond the free level of service.

Texiter will only provide the fee-based service to you upon written acceptance of a Contracting Officer in accordance with federal law. You also understand that Texifter may currently offer other premium and enterprise services for a fee. The Parties understand that fee-based services are categorically different than free products, and may be subject to federal procurement rules and processes.

4.7 If You are using the services as an Agency as described in 1.2, before an Agency decides to enter into a premium or enterprise subscription, or any other fee-based service that this Company or alternative providers may offer now or in the future, You agree to determine your Agency has a need for those additional services for a fee, to consider the subscription's value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then-applicable Terms for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.

4.8 Texifter will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls will be employed to ensure security of systems and data.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Texifter will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Texifter, unless you have been specifically allowed to do so in a separate agreement with Texifter. You specifically agree not to access (or attempt to access) any of the secured areas of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Texifter, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Texifter has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Texifter may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Texifter for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Texifter immediately via email at info@texifter.com

7. Privacy and your personal information

7.1 You agree to the use of your data in accordance with Texifter's Privacy and Security Statement, provided below.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Texifter (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Texifter or by the owners of that Content, in a separate agreement.

8.3 Texifter reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that Texifter has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Texifter may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that Texifter (or Texifter's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Texifter and that you shall not disclose such information without Texifter's prior written consent except as required by applicable federal records or freedom of information law.

mailto:info@texifter.com

9.2 Unless you have agreed otherwise in writing with Texifter, nothing in the Terms gives you a right to use any of Texifter's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Texifter, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Texifter's brand feature use guidelines as updated from time to time.

9.4 Other than the limited license set forth in Section 11, Texifter acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Texifter, you agree that you are responsible for protecting and enforcing those rights and that Texifter has no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 Unless you have been expressly authorized to do so in writing by Texifter, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License from Texifter

10.1 Texifter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Texifter as part of the Services as provided to you by Texifter (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Texifter, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Texifter, in writing.

10.3 Unless Texifter has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. Texifter shall not reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services unless explicitly stated in a contract between Texifter and you; provided that Texifter may reproduce, adapt, distribute or modify any Content which you have submitted to the Service for its internal use only such as updates to the Service and data backups.

11.2 This license does not include a right for Texifter to make such Content available to other companies, organizations or individuals with whom Texifter has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services, unless explicitly stated in a contract between Texifter and you.

11.3 You understand that Texifter, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media;

and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. Texifter will not under any circumstances modify your content that would substantively edit or otherwise alter the meaning of the content. You agree that this license shall permit Texifter to take these actions under the express condition that these actions subject to the restrictions set forth in Section 11.1.

11.4 You confirm and warrant to Texifter that you have all the rights, power and authority necessary to grant the above license.

12. Software updates

12.1 The Software which you use may automatically download and install updates from time to time from Texifter. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Texifter to deliver these to you) as part of your use of the Services.

13. Ending your relationship with Texifter

13.1 Nothing in this Section shall affect Texifter's rights regarding provision of Services under Section 4 of the Terms.

13.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Texifter have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. EXCLUSION OF WARRANTIES

14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT

TEXIFTER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED

OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR

LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED

TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE

LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR

LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT

YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

14.3 IN PARTICULAR, TEXIFTER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO

NOT REPRESENT OR WARRANT TO YOU THAT:

a. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

b. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM

ERROR,

c. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL

BE ACCURATE OR RELIABLE, AND

d. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO

YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE

SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY

RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS

OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM

TEXIFTER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED IN THE TERMS.

14.6 TEXIFTER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED

WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. THIS AGREEMENT DOES NOT LIMIT OR DISCLAIM ANY OF

THE WARRANTIES SPECIFIED IN THE GSA SCHEDULE 70 CONTRACT UNDER FAR 52.212-4(O). IN

THE EVENT OF A BREACH OF WARRANTY, THE U.S. GOVERNMENT RESERVES ALL RIGHTS AND

REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND THE

CONTRACT DISPUTES ACT, 41 USC 7101-7109.

15. LIMITATION OF LIABILITY

15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY

UNDERSTAND AND AGREE THAT TEXIFTER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS

LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES

WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF

LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER

INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,

ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR

SERVICES, OR OTHER INTANGIBLE LOSS;

b. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO

LOSS OR DAMAGE AS A RESULT OF:

I. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF

ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU

AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

II. ANY CHANGES WHICH TEXIFTER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT

OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN

THE SERVICES);

III. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER

COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE

SERVICES;

IV. YOUR FAILURE TO PROVIDE TEXIFTER WITH ACCURATE ACCOUNT INFORMATION;

V. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND

CONFIDENTIAL;

15.2 THE LIMITATIONS ON TEXIFTER'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL

APPLY WHETHER OR NOT TEXIFTER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE

OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15.3 For agreements between Texifter and an Agency as defined by 1.2, the Parties agree that nothing in the Limitation of Liability clause or elsewhere in this Terms of Service in any way grants Texifter a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.

THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR

FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL

FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 USC 3729-3733. FURTHERMORE, THIS

CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS

REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-75—PRICE

REDUCTIONS, CLAUSE 52.212-4(H)—PATENT INDEMNIFICATION, AND GSAR 552.215-72—PRICE

ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION.

16. Copyright and trade mark policies

16.1 It is Texifter's policy to…