Federal Supply Schedule GS35F0078K

AUTHORIZED FEDERAL SUPPLY SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Intelesis Technologies Corporation offers: Service/Product Integration, Systems Integration, Systems Operation and

Management, Software Engineering, Communications, Information Systems Engineering, Information Systems

Security, Network/Management, Telecommunications, Web Enabled Solutions, Web Centric Geospatial

Collaboration, Web Enabled Disaster Management, Web Automated T&E, Electronic Forms, Document

Management, and Workflow Automation Software.

Special Item No. 132-33 Perpetual Software Licenses

Special Item No. 132-34 Maintenance of Software

Special Item No. 132-50 Training Courses

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

SIN 132-33 - PERPETUAL SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid Software

Microcomputers

Operating System Software

Application Software

Electronic Commerce (EC) Software

Utility Software

Communications Software

Core Financial Management Software

Ancillary Financial Systems Software

Special Physical, Visual, Speech, and Hearing Aid 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.

http://www.core.gov/

SIN 132-34 - MAINTENANCE OF SOFTWARE

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

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

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

SIN 132-50 - TRAINING COURSES FOR INFORMATION TECHNOLOGY EQUIPMENT AND

SOFTWARE (FPDS Code U012)

Intelesis Technologies Corporation

9666 Businesspark Ave., Suite 110

San Diego, CA 92131

(858) 586-7461, FAX: (858) 586-7319

Internet Address: dan.devalk@intelesistech.com Web Site: http://www.intelesistech.com

Contract Number: ______________GS-35F-0078K_________________________

Period Covered by Contract: _____________November 1, 1999 – November 7, 2014______

General Services Administration

Federal Supply Service

Pricelist current through Modification #_____PO-0020__, dated ____06-07-2010____

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service’s

Home Page via the Internet at http://www.fss.gsa.gov/ http://www.fss.gsa.gov/

Table of Contents

Table of Contents

INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-

32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE

(SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

SOFTWARE

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 ... 23

INFORMATION FOR ORDERING ACTIVITIES

APPLICABLE TO ALL SPECIAL ITEM NUMBERS

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

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

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

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

1. GEOGRAPHIC SCOPE OF CONTRACT:

Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S.

Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto

Rico, and U.S. Territories.

Offerors are requested to check one of the following boxes:

[X] The Geographic Scope of Contract will be domestic and overseas delivery.

[ ] The Geographic Scope of Contract will be overseas delivery only.

[ ] The Geographic Scope of Contract will be domestic delivery only.

For Special Item Number 132-53 Wireless Services ONLY, if awarded, list the limited geographic coverage area:

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION:

Intelesis Technologies Corporation

9666 Businesspark Ave., Suite 110

San Diego, CA 92131

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 payments will be shown on the invoice.

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

Voice: (858) 586-7461, FAX: (858) 586-7319

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. STATICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD

FORM 279:

Block 9: G. Order/Modification Under Federal Schedule

Block 16: Data Universal Numbering System (DUNS) Number: _____11-085-5343_________

Block 30: Type of Contractor - __B. Other Small Business______________

A. Small Disadvantaged Business

B. Other Small Business

C. Large Business

G. Other Nonprofit Organization

L. Foreign Contractor

Block 31: Woman-Owned Small Business - _______No_________

Block 36: Contractor's Taxpayer Identification Number (TIN): 330738440_______

4a. CAGE Code: ______08YW9_______

4b. Contractor has registered with the Central Contractor Registration Database.

5. FOB DESTINATION

6. DELIVERY SCHEDULE

a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below:

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)

___132-33____ _7 Days

___132-34____ _7 Days

___132-50____ _7 Days

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

7. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted.

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

NONE

b. Quantity: NONE

c. Dollar Volume: NONE

d. Government Educational Institutions: Same as all GSA customers.

e. Other: NONE

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:

10. Small Requirements: The minimum dollar value of orders to be issued is $100 or 4 hours.

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

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

Special Item Number 132-3 - Leasing of Product

Special Item Number 132-4 – Daily / Short Term Rental

Special Item Number 132-8 - Purchase of Equipment

Special Item Number 132-12 – Maintenance of Equipment, Repair Service, and Repair Parts/Spare Parts Special Item Number 132-32 - Term Software Licenses

Special Item Number 132-33 - Perpetual Software Licenses

Special Item Number 132-34 – Maintenance of Software

Special Item Number 132-51 - Information Technology (IT) Professional Services

Special Item Number 132-52 - Electronic Commerce (EC) Services

Special Item Number 132-53 – Wireless Services

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

Special Item Number 132-50 - Training Courses

c. The Maximum Order value for the following Special Item Numbers (SINs) is $1,000,000:

Special Item Number 132-60 – Access Certificates for Electronic Services (ACES) Program Special Item Number 132-61 – Public Key Infrastructure (PKI) Shared Service Provider (SSP) Program

Special Item Number 132-62 – HSPD-12 Product and Service Components

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: ordering activities acquiring products from this Schedule must comply with the provisions of the

Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal

Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor.

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards

(FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication."

Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285

Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for

Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-

4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to

National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the

U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

14. 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!

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

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape).

The Internet address is http://www.fss.gsa.gov/.

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply

Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

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

19);

(2) The ordering activity contracting officer has determined the price for the items not on the Federal

Supply Schedule is fair and reasonable;

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

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

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

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

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

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

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

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

19. OVERSEAS ACTIVITIES

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

Defense Base Agreement (DBA) liability insurance costs shall be included for Overseas Activities

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

20. BLANKET PURCHASE AGREEMENTS (BPAs)

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 Clauses 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:

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

24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

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

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

(b) The following statement:

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

Schedule contract, the latter will govern.

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.

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) http://www.section508.gov/ http://www.core.gov/

TERMS AND CONDITIONS APPLICABLE TO

TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32),

PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33)

AND MAINTENANCE (SPECIAL ITEM NUMBER 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 stated in the contract’s commercial pricelist will apply to this contract.

30 days against defects

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

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number

858-586-7461 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 0800 Pacific time to 1700 Pacific time.

4. SOFTWARE MAINTENANCE

a. Software maintenance service shall include the following:

Software debugging analysis, bugs identification, bugs correction and testing Software improvement/upgrade design, coding, improvement/upgrade integration, system test and evaluation

Software change/conversion design, coding, change/conversion integration, system test and evaluation

b. Invoices for maintenance service shall be submitted by the Contractor after the completion of the maintenance period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF

APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

5. PERIODS OF TERM LICENSES (132-32) AND MAINTENANCE (132-34)

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

b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.

c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period.

d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years.

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

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE

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

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

c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license.

d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to __________% of all term license payments during the period that the software was under a term license within the ordering activity.

7. TERM LICENSE CESSATION

a. After a software product has been on a continuous term license for a period of ___________ * months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity.

The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited.

b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor.

8. UTILIZATION LIMITATIONS - (132-32, 132-33, AND 132-34)

a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101.

b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following:

(1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified.

(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity

(service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.

(4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of disaster recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.

(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization

Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend.

9. SOFTWARE CONVERSIONS - (132-32 AND 132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered.

11. RIGHT-TO-COPY PRICING

FOR BACK-UP PURPOSES ONLY.

GSA Perpetual Software License Pricelist

Special Item Number: 132-33

Manufacturer

MFR

Part # Product Description GSA Price Warranty

Intelesis, 9666

Businesspark Ave, Suite 110, San Diego, CA 92131

Custom Site

Designer

1.0

Intelesis Web Site Designer Application - Internet

Explorer based custom user requirements design, community-Java Server Pages, and Windows interface

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Prototyper

1.0

Intelesis Web Site Prototyper Application –

Functioning high fidelity Intranet/Extranet site for user evaluation includes images, icons, style sheets

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Builder 1.0

Intelesis Web Site Builder Application – Create fully operational Intranet/Extranet site by non-programmer user administrators and editors

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Integrator

1.0

Intelesis Web Site Integrator Application – Create fully integrated Intranet/Extranet site with secure connectivity to internal/external web applications

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

T-MIR 1.0 Intelesis Test-Management, Information, Reporting

(T-MIR) Application – Data consolidation at a central site for scheduling, data collection, and report generation

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

TIME 1.0 Intelesis Test Information Management Environment

(TIME) Application – web-enabled, secure, Service Oriented Architecture (SOA), C# application for Test and Evaluation (T&E) of systems, projects, and programs. Automation and collaboration of the entire

T&E process from planning to final report

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

PAAS 1.0 Intelesis Web Site Disaster Management Support

System (PAAS) Application – Secure, integrated

Intranet/Extranet application to provide recovery support for disaster affected employees, families, facilities

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131 i-Sense 1.0 Intelesis Web Site Integrated Sensor Environment (i-

Sense) Application - Merges radar, sonar, thermal and color video, FAA, GPS data into a single, easily understood air-surface-sub surface geospatial display

$21,116.37 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131 i-Act 1.0 Intelesis Web Site Fast Reaction Decision Support (i-

Act) Application – Rapid decision making application uses rules, 3-dimensional space awareness, vehicular kinematics, and situation assessment to recommend prioritized user actions

$21,116.37 30 days

GSA Maintenance of Software Pricelist

Special Item Number: 132-34

Manufacturer

MFR

Part # Product Description GSA Price Warranty

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Designer

1.0

Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San Diego, CA 92131

Custom Site

Prototyper

1.0

Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Builder 1.0

Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Custom Site

Integrator

1.0

Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

T-MIR 1.0 Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

TIME 1.0 Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

PAAS 1.0 Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131 i-Sense 1.0 Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131 i-Act 1.0 Per request – Support, or maintenance, or upgrade, or revision, or on-site support. Travel costs from San

Diego additional.

$2,111.64 30 days

Intelesis, 9666

Businesspark Ave, Suite 110, San

Diego, CA 92131

Deployment

Maint

Deployment license for multiple servers and multiple users on a specific "Commercial or Government

Program." Travel costs from San Diego additional.

$169,227.20 30 days

GSA Perpetual Software License Pricelist

Special Item Number: 132-33

Manufacturer

MFR

Part # Product Description GSA Price Warranty

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

User Based

Configured Users defined to the Workflow Director web-based software combining business intelligence with business process management

$16,926.95 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director, Each

Additional User

Additional Configured Users defined to the Workflow

Director web-based software

$84.63 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow Director

Tier 1

Server

1 Single Core CPU, 1 Dual Core CPU, or 1 Virtual

CPU

$29,622.17 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

Tier 2

Server

1 Quad Core CPU, 2 Single Core CPUs, 2 Dual Core

CPUs, or 2 Virtual CPUs

$42,317.38 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

Tier 3

Server

2 Quad Core CPUs, 4 Single Core CPUs, 4 Dual Core

CPUs, or 4 Virtual CPUs

$67,707.81 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server

License Tier

Testing, Development, or QA System $4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server

License Tier

Testing, Development, or QA System $5,078.09 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server License Tier

Testing, Development, or QA System $5,924.43 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 1

Reports and information displayed and integrated into

Microsoft Excel

$2,539.04 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 2

Reports and information displayed and integrated into

Microsoft Excel

$3,385.39 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 3

Reports and information displayed and integrated into

Microsoft Excel

$4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD

A Option

Tier 1

Users with mobile devices can access workflow processes

$4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD

A Option Tier 2

Users with mobile devices can access workflow processes

$5,078.09 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD A Option

Tier 3

Users with mobile devices can access workflow processes

$5,924.43 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 1

Users can insert comments/annotations in the workflow process

$4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 2

Users can insert comments/annotations in the workflow process

$5,078.09 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 3

Users can insert comments/annotations in the workflow process

$5,924.43 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 1

Automatically create PDF files $4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 2

Automatically create PDF files $5,924.43 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 3

Automatically create PDF files $7,617.13 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 1

Interfaces with scanners and fax software $4,231.74 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 2

Interfaces with scanners and fax software $5,078.09 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 3

Interfaces with scanners and fax software $5,924.43 30 days

GSA Maintenance of Software Pricelist

Special Item Number: 132-34

Manufacturer

MFR

Part # Product Description GSA Price Warranty

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

User Based

Configured Users defined to the Workflow Director web-based software combining business intelligence with business process management

$3,399.90 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director, Each

Additional User

Additional Configured Users defined to the Workflow

Director web-based software

$17.00 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

Tier 1

Server

1 Single Core CPU, 1 Dual Core CPU, or 1 Virtual

CPU

$5,949.82 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

Tier 2

Server

1 Quad Core CPU, 2 Single Core CPUs, 2 Dual Core

CPUs, or 2 Virtual CPUs

$8,499.75 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Workflow

Director

Tier 3

Server

2 Quad Core CPUs, 4 Single Core CPUs, 4 Dual Core

CPUs, or 4 Virtual CPUs

$13,599.60 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server

License Tier

Testing, Development, or QA System $849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server

License Tier

Testing, Development, or QA System $1,019.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Test Server License Tier

Testing, Development, or QA System $1,189.96 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 1

Reports and information displayed and integrated into

Microsoft Excel

$509.98 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 2

Reports and information displayed and integrated into

Microsoft Excel

$679.98 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Reporting /

Excel

Integration

Tier 3

Reports and information displayed and integrated into

Microsoft Excel

$849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD

A Option

Tier 1

Users with mobile devices can access workflow processes

$849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD

A Option Tier 2

Users with mobile devices can access workflow processes

$1,019.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Mobile/PD

A Option

Tier 3

Users with mobile devices can access workflow processes

$1,189.96 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 1

Users can insert comments/annotations in the workflow process

$849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 2

Users can insert comments/annotations in the workflow process

$1,019.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Annotation

Component

Tier 3

Users can insert comments/annotations in the workflow process

$1,189.96 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 1

Automatically create PDF files $849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 2

Automatically create PDF files $1,189.96 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

PDF

Component

Tier 3

Automatically create PDF files $1,529.95 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 1

Interfaces with scanners and fax software $849.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 2

Interfaces with scanners and fax software $1,019.97 30 days

BP Logix, 410 S.

Melrose Dr, Vista, CA 92081

Scanning/I maging

Interface

Tier 3

Interfaces with scanners and fax software $1,189.96 30 days

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF

TRAI…