MAS - Drivesavers, Inc. - GS35F0121S

DriveSavers, Inc. Data Recovery Services GS-35F-0121S

GENERAL SERVICES

ADMINISTRATION FEDERAL SUPPLY

SERVICE

AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST

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

SCHEDULE TITLE:

CONTRACT NUMBER:

CONTRACT PERIOD:

BUSINESS SIZE:

Federal Supply Schedule 70 – General Purpose Commercial Information Technology Equipment, Software, and Services

GS-35F-0121S

December 15, 2005 – December 14, 2025

Small Business

For more information on ordering from Federal Supply go to this website: www.gsa.gov/schedules

CONTRACTOR:

DriveSavers, Inc.

400 Bel Marin Keys Boulevard Novato, CA 94949 Phone Number: 800.440.1904 or 415.382-2000

Email: recovery@drivesavers.com

CONTRACTOR’SADMINISTRATIONSOURCE:

Rocky Trono, Authorized Administrator and Negotiator DriveSavers, Inc.

400 Bel Marin Keys Boulevard Novato, CA 94949 Phone Number: 800.440.1904 or 415.382-8000 x113

Email: gov.gsa@drivesavers.com, rocky.trono@drivesavers.com

Contract Services Offered: Certified Secure Computer Data Recovery and Digital Forensics services for all operating systems and media including Hard Disk Drives, Solid State Drives, Servers, NAS and SAN Devices, Smart Devices and Phones, and select removable media.

SPECIAL ITEM NUMBER 811212 – EQUIPMENT MAINTENANCE

FSC/PSC Class J070 - Maintenance and Repair Service

NOTE: SPECIAL ITEM NUMBER OLM - ORDER-LEVEL MATERIALS (OLMs)- SUBJECT TO COOPERATIVE PURCHASING Order-Level Materials (OLMs) are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Federal Supply Schedule (FSS) contract or FSS blanket purchase agreement (BPA). OLMs are not defined, priced, or awarded at the FSS contract level. They are unknown before a task or delivery order is placed against the FSS contract or FSS BPA.

http://www.gsaadvantage.gov/ http://www.gsa.gov/schedules mailto:recovery@drivesavers.com mailto:gov.gsa@drivesavers.com mailto:rocky.trono@drivesavers.com

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.gsaadvantage.gov). The catalogs/pricelists, GSA Advantage!™ and the Federal Acquisition Service Home Page (www.gsa.gov/fas) 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. CUSTOMER INFORMATION:

a. TABLE OF AWARDED SPECIAL ITEM NUMBERS

DESCRIPTION (SINs) SIN

811212

OLM

Maintenance, Repair Service and Repair Parts/Spare

Parts Information Technology Professional Services

Order-Level Materials (OLMs)

b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH

SIN: SIN SERVICE Cost

811212 Smart Device Data Recovery $376.00

INFORMATION FOR ORDERING ACTIVITIES

APPLICABLE TO ALL SPECIAL ITEM

http://www.gsa.gov/fas)

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

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

Special Item Number 811212 – Equipment Maintenance

3. MINIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.)

The Minimum Order value for the following Special Item Numbers (SINs) is: $25

Special Item Number 811212 – Equipment Maintenance

4. GEOGRAPHIC SCOPE OF CONTRACT: (delivery area)

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.

Under Cooperative Purchasing authorized State and local government entities are eligible to place orders.

5. POINTS OF PRODUCTION: (service)

Novato, Marin County, CA

6. STATEMENT OF NET PRICE:

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

7. QUANTITY DISCOUNTS: None

8. PROMPT PAYMENT TERMS: Net 30

9. GOVERNMENT PURCHASE CARDS

a. Government purchase cards are accepted at or below the micro-purchase threshold. Contractor must accept the credit card for payments equal to or less than the micro-purchase for oral or written orders under this contract.

b. The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold (See GSAR 552.232-79 Payment by Credit Card).

c. The following telephone number can be used by ordering activities to obtain technical and/or ordering assistance: 415.382.2000 or 800.440.1904

10. FOREIGN ITEMS: None / Not applicable

11. 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:

SIN No.

811212

DELIVERY TIME (Days ARO) As agreed upon between the vendor and ordering agency.

b. Expedited Delivery:

Items available for expedited delivery are noted in this price list; “Standard 1-2 Day Service.”

c. Overnight and 2-day delivery:

Contact Contractor for rates for overnight and 2-day delivery: 415.382.2000 or 800.440.1904

d. Urgent Requirements:

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

12. F.O.B POINT: Destination

13. a. CONTRACTOR'S ORDERING ADDRESS:

DriveSavers, Inc.

Attn: Job# 400 Bel Marin Keys Blvd.

Novato, CA 94949

PH: 415.382.2000

b. ORDERING PROCEDURES:

Ordering activities shall use the ordering procedures described in Federal Acquisition Regulation 8.405-3 when placing an order or establishing a BPA for supplies or services. The ordering procedures, information on Blanket Purchase Agreements (BPA’s) and a sample BPA can be found at the GSA/FSS Schedule Homepage (fss.gsa.gov/schedules).

14. PAYMENT ADDRESS:

DriveSavers, Inc.

Attn: Job# 400 Bel Marin Keys Blvd.

Novato, CA 94949

PH: 415.382.2000

15. WARRANTY PROVISION

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

The Manufacturers standard commercial warranty applies.

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

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

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: 400 Bel Marin Keys Blvd., Novato, CA 94949.

16. EXPORT PACKAGING CHARGES: N/A

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE

The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold (See GSAR 552.232-79 Payment by Credit Card). In addition, bank account information for wire transfer payments will be shown on the invoice.

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR: N/A

19. TERMS AND CONDITIONS OF INSTALLATION: N/A

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

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

b. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A

21. LIST OF SERVICE AND DISTRIBUTION POINTS:

Services performed at DriveSavers, Inc., 400 Bel Marin Keys Blvd., Novato, CA 94949

22. LIST OF PARTICIPATING DEALERS: N/A

23. PREVENTIVE MAINTENANCE: N/A

24. a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES

(e.g., recycled content, energy efficiency, and/or reduced pollutants).

DriveSavers is a certified Green company, by the County of Marin, CA.

b. SECTION 508 COMPLIANCE FOR ELECTRONIC AND INFORMATION TECHNOLOGY (EIT):

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:

N/A. DriveSavers does not sell a product that is subject to the Section 508 standards.

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

25. DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 61-511-3081

26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE:

DriveSavers is registered in System for Award Management (SAM) in lieu of FAR clause 52.204-7, Central Contractor Registration (CCR). Our information in SAM is current, accurate, and complete.

http://www.section508.gov/

1. SERVICE AREAS

a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 30 mile radius of the Contractor’s service points. If an additional charge is to apply because of a greater distance from the contractor’s service areas, the mileage rate or other distance factor shall be stated in paragraph 7.d and 8.d of this Special Item 811212.

b. When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the Contractor's plant(s) listed below:

DriveSavers, Inc.

400 Bel Marin Keys Blvd.

Novato, CA 94949

2. MAINTENANCE ORDER

a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 811212). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor.

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

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

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

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

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

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR

GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATIONTECHNOLOGY EQUIPMENT,

RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL

ITEM NUMBER 811212)

3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

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

b. When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance, that additional repair personnel are required to effect repairs.

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

4. LOSS OR DAMAGE

When the Contractor removes equipment to his establishment for repairs, the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation.

5. SCOPE

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

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

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

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

iii. If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 811212 (or outside the scope of this contract)

6. RESPONSIBILITIES OF THE ORDERING ACTIVITY

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

b. Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained or repaired.

c. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order.

7. RESPONSIBILITIES OF THE CONTRACTOR

a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification.

b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor.

8. MAINTENANCE RATE PROVISIONS

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

b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location.

c. AFTER HOURS Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour.

d. TRAVEL AND TRANSPORTATION If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor’s service area, the charge will be negotiated at the Task Order level.

e. QUANTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by an ordering activity are indicated below: No quantity discounts apply.

9. REPAIR SERVICE RATE PROVISIONS

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

b. MULTIPLE MACHINES. When repairs are ordered by an ordering activity on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable.

c. TRAVEL OR TRANSPORTATION

i. AT THE CONTRACTOR'S SHOP

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

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

ii. AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas)

When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed.

iii. AT THE ORDERING ACTIVITY LOCATION (Outside Established Service Areas)

1) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown in paragraph 1.a, the repair service and mileage rates negotiated per subparagraphs 1.a and 8.d will apply.

2) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs, and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location), the ordering activity shall have the option of reimbursing the Contractor for actual costs, provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates, times, and the applicable mode of travel.

d. LABOR RATES

i. REGULAR HOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of the Contractor.

ii. AFTER HOURS When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location, the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of the Contractor.

iii. SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location, the Sundays and Holidays repair service rates listed herein shall apply.

When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply.

e. REPAIR SERVICE RATES: N/A

10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS

All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated N/A at a discount of N/A% from such listed prices.

11. GUARANTEE/WARRANTY—REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS

f. REPAIR SERVICE

All repair work will be guaranteed/warranted for a period of N/A

g. REPAIR PARTS/SPARE PARTS

All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period

N/A

12. INVOICES AND PAYMENTS

a. Maintenance Service

i. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C.

3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

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

b. Repair Service and Repair Parts/Spare Parts

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

SHOWN ON THE INVOICE.

1. 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.

2. 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.

3. 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 contract.

4. 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-

i. Cancel the stop-work order; or

ii. 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-

i. 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

ii. 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 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/IAM 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—

i. The offeror;

ii. Subcontractors; and/or

iii. 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.

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

DRIVESAVERS, INC.

Information Technology Schedule Price List

GENERAL SERVICES

ADMINISTRATION Federal Supply

Schedule 70

GS-35F-0121S

SIN: 811212

Certified Secure Data Recovery and Digital Forensic Services

SIN SERVICE

DESCRIPTION

MEDIA CAPACITY DRIVESAVERS PART

NUMBER

MINIMUM

PRICE

Offered to

GSA

(including

IFF)

MAXIMUM

PRICE

Offered to

GSA

(including

IFF)

ATTEMPT

FEE

HDD1: Hard Disk Drives - Data Recovery Services on Internal and External Hard Disk Drives

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 10 – 200 GB ES-HDD1-200 $471 $2402 NO

811212 Economy Service 201 GB – 16 TB ES-HDD1-6000 $471 $2543 NO

STANDARD SERVICE: 1-2 BUSINESS DAYS TURNAROUND

811212 Standard Service 10 GB – 16 TB SS-HDD1-6000 $770 $3673 NO

SSD: Solid State Drives - Data Recovery Services

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 1 – 200 GB ES-SSD-200 $471 $2402 NO

811212 Economy Service 201 GB – 16 TB ES-SSD-6000 599 $2730 NO

STANDARD SERVICE: 1-2 BUSINESS DAYS TURNAROUND

811212 Standard Service 1 GB – 16 TB SS- SSD-6000 $770 $3673 NO

SMART DEVICE - Data Recovery Services: All smart phones, tablets, iPhones, iPads

ECONOMY SERVICE: 10-14 BUSINESS DAYS

TURNAROUND

811212 Economy Service 3 – 1000 GB ES-SMART-1000 $376 $1449 NO

MOBILE FORENSIC Image Only: For potential litigation purposes

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 1 MB – 150 GB ES-MFI-150 $1554 NO

FORENSIC IMAGE ONLY: On all storage devices (not including mobile devices); for potential litigation purposes

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 1 MB – 150 GB ES-FI-150 $1554 NO

811212 Economy Service 151 GB – 16 TB ES-FI-6000 $2354 NO

IMAGE ONLY: On mechanically failed hard drives with proprietary operating systems

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 1 MB – 150 GB ES-IMAGE-150 $1554 NO

811212 Economy Service 151 GB – 16 TB ES-IMAGE-6000 $2354 NO

STANDARD SERVICE: 1-2 BUSINESS DAYS

TURNAROUND

811212 Standard Service 1 MB – 150 GB SS-IMAGE-150 $2591 NO

811212 Standard Service 151 MB – 16 TB SS-IMAGE-6000 $3296 NO

ENTERPRISE A: Data Recovery Service on Consumer Devices with 5 Drives or Less (Priced on TOTAL CAPACITY) Engineering Price Consultation Recommended: 800.440.1904

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 ECON. 1 Drive NAS 0 GB – 16 TB ES-ENTA-16T-1D $685 $2731 NO

811212 ECON. 2-3 Drives 501 GB – 48 TB ES-ENTA-48T-3D $685 $4615 NO

811212 ECON. 4-5 Drives 4.01 – 80 TB ES-ENTA-80T-5D $1027 $7441 NO

STANDARD SERVICE: 1-2 BUSINESS DAYS

TURNAROUND

811212 STND. 1 Drive NAS 0 GB – 16 TB SS-ENTA-16T-1D $1027 $4144 NO

811212 STND. 2-3 Drives 501 GB – 48 TB SS-ENTA-48T-3D $1027 $7441 NO

811212 STND. 4-5 Drives 4.01 – 80 TB SS-ENTA-80T-5D $2055 $11208 NO

ENTERPRISE B: Data Recovery on all Commercial Multiple-Drive Systems, PRICED PER DRIVE (PD), up to 14 drives Engineering Price Consultation Recommended: 800.440.1904

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 501-999 GB (PD) ES-ENTB-PD-1000 $428 (PD) $2140 (PD) NO

811212 Economy Service 1000-1999 GB (PD) ES-ENTB-PD-2000 $428 (PD) $2355 (PD) NO

811212 Economy Service 2000 GB - 16 TB (PD) ES-ENTB-PD-6000 $642 (PD) $2569 (PD) NO

Prices Not To Exceed $7707 $21664

STANDARD SERVICE: 1-2 BUSINESS DAYS

TURNAROUND

811212 Standard Service 501-999 GB (PD) SS-ENTB-PD-1000 $642 (PD) $3168 (PD) NO

811212 Standard Service 1000-1999 GB (PD) SS-ENTB-PD-2000 $642 (PD) $3425(PD) NO

811212 Standard Service 2000 GB - 16 TB (PD) SS-ENTB-PD-6000 $856 (PD) $3853 (PD) NO

Prices Not To Exceed $10276 $32698

ENTERPRISE C: Data Recovery on RAIDS with 15 (or more) drives, PRICED PER DRIVE (PD); i.e. All EMC and SAN Systems" Engineering Price Consultation Recommended: 800.440.1904

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service All Capacities (PD) ES-ENTC-PD $399 (PD) $1443 (PD) NO

REMOVABLE MEDIA Data Recovery: USB Flash Drives, CDs and DVDs

ECONOMY SERVICE: 5-7 BUSINESS DAYS TURNAROUND

811212 Economy Service 3.0 - 9.9 GB ES-CART-9.9 $471 $1449 NO

811212 Economy Service 10 - 300 GB ES-CART-300 $471 $2542 NO

Pricing Determination for Data Recovery Service

Data Recovery is the process of retrieving computer data which, for various reasons, has become inaccessible using normal methods. A skilled data recovery engineer extracts lost data from damaged or corrupted storage media producing data that is once again accessible and functional. DriveSavers research and development of proprietary hardware and software technology enable its engineering team to overcome both physical problems with the storage media and corruption issues.

Price Structure Determination:

Our price structure is based on 4 major criteria:

The full capacity of the hard drive or storage media.

The operating system and environment for the specific media.

The level of service required for the recovery of your data / How fast the data needs to be recovered.

DriveSavers 5-Point Ranking System.

Operating System / Storage Environment Criteria

Hard Disk Drives: Internal and external devices

Solid State Drives: Flash-based memory storage device.

Smart Device Disk Drives: All smartphones, tablets, iPhones, iPads

Image Only Data Recovery: Only on mechanically failed hard drives with proprietary O/S.

Mobile Device Forensic Image Only: For litigation purposes

Forensic Image Only: For litigation purposes (not including mobile devices)

Enterprise Data Recovery – Level A: Consumer Devices with 5 drives or less

Enterprise Data Recovery – Level B: All commercial Multiple-Drive Systems up to 14 drives

Enterprise Data Recovery – Level C: RAIDS with 15 or more drives; All EMC and SAN systems.

Removable Media: USB Flash, CDs and DVDs.

Levels of Service

Economy Service: 5-7 Business Day Turnaround

This service offers the lowest cost. An engineer will complete the data recovery within 5-7 business days.

Standard Service: 1-2 Business Day Turnaround Our Standard turnaround time is the fastest in the industry. An engineer will complete the data recovery in 1-2 days during normal business hours, Monday through Friday.

5-Point Ranking Process for Pricing Determination

Final pricing on a successful recovery is not simply based on the number of hours involved in completing the recovery.

Instead, the price is determined according to a formula that involves a five-point ranking of the complexity and results of the recovery.

The two variables under “Complexity” are for the mechanical and software aspects of the recovery. The three variables under “Results” include the following: 1) were the most critical files recovered, 2) are the file names and data structures intact and 3) what percentage of data was recovered overall.

The method of factoring in the difficulty and success of these results into the final price is the standard in the data recovery industry. These values govern the final recovery cost. DriveSavers will never exceed the price indicated on GSA Schedule.

5-Point Ranking Variables

Complexity Results

Mechanical Complexity

(5 = most complex)

Software

Complexity (5 = most complex)

Are critical files present?

(5 = best outcome)

Integrity of Data structure / File Names.

(5 = best outcome)

Percent of data recovered overall.

(5 = best outcome)

1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5

What if DriveSavers can NOT recover the data?

If the data is not recoverable, no matter what efforts were involved or how many hours were put in to the attempt, there is NO FEE for our Economy and Standard Service for this GSA Schedule solicitation.

Our Commitment

DriveSavers is the only data recovery provider in the industry to post proof that it is SOC 2 Type II compliant, assuring that every aspect of the facility and network is certified secure to protect personal and confidential data.

DriveSavers understands the value of every customer’s data. All information that is collected, used, retained and disclosed during the data recovery process is protected in conformity with FAR 52.224-2 (Privacy Act), FAR 52.204-21 & DFAR 252.204-7012 for safeguarding information in accordance with NIST SP 800-171, DOJ Order 2640.2F, U.S.

government Data-At-Rest (DAR) mandate, National Institute of Standards and Technology (NIST SP 800-34 & 800-171), Sarbanes- Oxley Act of 2002 (SOX), Health Insurance Portability Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Gramm-Leach-Bliley Act (GLBA), and the International Traffic In Arms Regulations, 22 CFR Parts 120-130 (ITAR) and the Export Administration Regulations, 15 CFR Parts 730-774 (EAR).

DriveSavers, Inc.

400 Bel Marin Keys Blvd. Novato, CA 94949

PH: 415.382.2000

PH: 800.440.1904

FX: 415.382.9030

www.drivesavers.com

GSA Schedule Contract Number:

GS-35F-0121S

DUNS: 61-511-3081

Contract Period: 12/15/2005 – 12/14/2025

Ordering/Helpdesk Phone#: 800.440.1904, 415.382.2000 http://www.drivesavers.com/