MAS - Avaya Federal Solutions, Inc. - GS35F0156V

1-800-492-6769 https://news.avaya.com/gov-gsa-schedule Contract # GS-35F-0156V

AUTHORIZED FEDERAL SUPPLY SERVICE

MULTIPLE AWARD SCHEDULE PRICE LIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICE

SUBCATEGORY F02 IT HARDWARE

SIN 33411 PURCHASING OF NEW ELECTRONIC EQUIPMENT

33411 Includes desktop, laptop, tablet computers (including rugged), servers, storage equipment, hyperconverged integrated systems, supercomputers, routers, switches and other communications equipment, IT security equipment (hardware based firewalls), audio and video (AV) equipment, public address systems, monitors/displays, sensors and other Internet of Things (IOT) devices, printers and Multi-Function Device (MFD) equipment, broadcast band radio, two-way radio (LMR), microwave radio equipment, satellite communications equipment, radio transmitters/receivers (airborne), radio navigation equipment/antennas, optical/imaging systems, and associated peripherals required for operations (such as controllers, connectors, cables, drivers, adapters, etc., ancillary installation of any equipment purchased.

Cooperative Purchasing: Yes

FSC/PSC Code: 7010

SIN 811212 COMPUTER AND OFFICE MACHINE MAINTENANCE AND REPAIR

811212 Maintenance, Repair Service, and Repair Parts/Spare Parts for Government-Owned General Purpose Commercial Information Technology 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

FSC/PSC Code: J070

SUBCATEGORY F03 IT SERVICES

SIN 54151S INFORMATION TECHNOLOGY PROFESSIONAL SERVICES

54151S IT Professional Services and/or labor categories for database planning and design; systems analysis, integration, and design; programming, conversion and implementation support; network services, data/records management, and testing.

https://news.avaya.com/gov-gsa-schedule/

FSC/PSC Code: D399

SUBCATEGORY F04 IT SOFTWARE

SIN 511210 SOFTWARE LICENSES

511210 Includes both term and perpetual software licenses and maintenance. Includes operating system software, application software, EDI translation and mapping software, enabled email message-based applications, Internet software, database management applications, and other software.

FSC/PSC Code: 7030

SIN 54151 SOFTWARE MAINTENANCE SERVICES

54151 Software maintenance services creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.

Software maintenance services includes person-to-person communications regardless of the medium used to communicate: telephone support, online technical support, customized support, and/or technical expertise which are charged commercially.

FSC/PSC Code: J070

SUBCATEGORY F01 IT SOLUTIONS

SIN 518210C CLOUD COMPUTING AND CLOUD RELATED IT PROFESSIONAL SRVICES

518210C Includes commercially available cloud computing services such as Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) and emerging cloud computing services. IT professional services that are focused on providing the types of services that support the Government's adoption of, migration to, or governance/management of cloud computing.

Specific cloud related IT professional labor categories and/or fixed-price professional services solutions (e.g., migration services) that support activities associated with assessing cloud solutions, refactoring workloads for cloud solutions, migrating legacy or other systems to cloud solutions, providing management/governance of cloud solutions, DevOps, developing cloud native applications, or other cloud oriented activities are within scope of this SIN.

FSC/PSC Code : DB10

ORDER-LEVEL MATERIALS

SIN OLM ORDER-LEVEL MATERIALS (OLMs)

Ordering activities may go to www.gsa.gov/olm for more information on OLMs established and priced at the order level.

For more information on ordering from Federal Supply Schedules click on the following web link:

www.fss.gov.

Avaya Federal Solutions, Inc.

7415 Boston Blvd.

Springfield, VA 22153

1-800-492-6769

Contract Number: GS-35F-0156V

Period Covered by Contract:

January 8, 2024 through Jan 7, 2029

Price list current through Modification # 222 dated October 31, 2025

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system.

The Internet address for GSA Advantage!® is: www.GSAAdvantage.gov.

https://news.avaya.com/gov-gsa-schedule/ http://www.gsa.gov/olm http://www.fss.gov/ http://www.gsaadvantage.gov/ https://www.gsa.gov/tools-overview/buying-and-selling-tools/gsa-advantage

TABLE OF CONTENTS

Contents

SUBCATEGORY F02 IT HARDWARE

SUBCATEGORY F03 IT SERVICES

SUBCATEGORY F04 IT SOFTWARE

SUBCATEGORY F01 IT SOLUTIONS

ORDER-LEVEL MATERIALS

Information for Ordering Activities

1. Geographic Coverage

2. Ordering/Contact Information

3. Liability for Injury or Damage

4. Statistical Data for Ordering Office Completion of Standard Form 279

5. F.O.B. Destination

6. Delivery Schedule

7. Discounts

8. Trade Agreements

9. Export Packing

10. Maximum Order

11. Minimum Order

12. Ordering Procedures for Federal Supply Schedule Contracts

13. Contractor Tasks / Special Requirements (C-FSS-370) (NOV 2003)

14. Contract Administration for Ordering Offices

15. GSA Advantage!

16. Purchase of Open Market Items

17. Contractor Commitments, Warranties, and Representations

18. Overseas Activities

19. Blanket Purchase Agreements (BPAs)

20. Contractor Team Arrangements

21. Installation, De-installation, Reinstallation

22. Section 508 Compliance

23. Insurance – Work on a Government Installation (Jan 1997)(FAR 52.228-5)

24. Advance Payments

Terms and Conditions Applicable to Purchasing of New Electronic Equipment (Special Item Number 33411)

1. Material and Workmanship

2. Order

3. Transportation of Equipment

4. Installation and Technical Services

5. Inspection/Acceptance

6. Title and Risk of Loss

7. Warranty

8. Warranty Exclusions

9. Purchase Price for Ordered Equipment

10. Trade-In of Information Technology Equipment

11. Change Control Date

12. Limitations of Liability

13. New Material

14. Responsibilities of the Contractor

Terms and Conditions Applicable to Office Computer and Machine Repair and Maintenance (After expiration of Warranty provisions and/or when required service is not covered by Warranty provisions) (Special Item Number 811212)

1. Service Areas

2. Maintenance Order

3. Repair Service and Repair Parts Orders

4. Loss or Damage

5. Scope

6. Responsibilities of the Ordering Activity

7. Responsibilities of the Contractor

8. Liability for Injury or Damage

9. Types of Coverage

10. Other Service Offerings

11. Work Not Covered

12. Rate Provisions

13. Support Advantage (Hardware and Software Coverage)

14. Avaya Packaged Services General Assumptions

15. Invoices and Payment

Terms and Conditions Applicable to Information Technology (IT) Professional Services (Special Item Number 54151S)

1. Scope

2. Performance Incentives

3. Order

4. Performance of Services

5. Stop-Work Order (FAR 52.242-15) (AUG 1989)

6. Inspection of Services

7. Responsibilities of the Contractor

8. Responsibilities of the Ordering Activity

9. Independent Contractor

10. Organizational Conflicts of Interest

11. Invoices

12. Payments

13. Resumes

14. Incidental Support Charges

15. Approval of Subcontracts

16. Description of IT Services and Pricing

Terms and Conditions Applicable to Software Licenses (Special Item Number 511210) and Software Maintenance Services (Special Item Number 54151)

1. License Terms and Restrictions

2. Limited Software Warranty

3. Warranty Exclusions and Disclaimers

4. Commercial Computer Software – Restricted Rights

5. Acceptance

6. License Types

7. Change Control Date

8. Technical Services

9. Software Services

10. Term/Subscription Licenses and Software Maintenance Services

11. Added Products

12. Description and Equipment Compatibility

13. Right-to-Copy Pricing

14. Invoices and Payment

15. License Price for Ordered Software

16. Conversion from Term/Subscription License to Perpetual License

17. Conversion from Perpetual License to Term/Subscription License

18. License Cessation

19. Responsibilities of the Ordering Activity

20. Utilization Limitations (SIN 511210 and SIN 54151)

21. Software Conversions (SIN 511210)

22. Software Patches, Updates, Upgrades

23. Rate Provisions

24. Avaya Subscription Licensing Offer

Terms and Conditions Applicable to Cloud Computing and Cloud Related IT Professional Services (Special Item Number 518210C)

1. Cloud Computing Services Overview

2. Unified Communication Bundles

3. Unified Communication as a Service (UCaaS) Bundle Detail

4. Basic Contact Center (CC) Voice Bundle

5. Contact Center Bundles

6. Enhanced Emergency Calling – NG911 Sentry™

7. Emergency Services Disclaimer

8. Service Platform

9. Customer Responsibilities

10. Third (3rd) Parties and Supported APIs

11. Security & Compliance

12. Service Delivery Stages

13. Service Management

14. Service Level Objectives & Agreements

15. MACD Entitlement & Tracking

16. Invoicing & Charges

17. Initial Term, Renewal & Termination

18. Exit Management

Information for Ordering Activities

1. Geographic Coverage The geographic scope of this contract is domestic delivery in the 48 contiguous states and the District of Columbia. Delivery to Alaska, Hawaii, Puerto Rico, the U.S. Territories and overseas U.S. Government Installations are for selected products only.

2. Ordering/Contact Information

a. Ordering Address

Ordering, Order Status, Invoice/Payment Information and Technical Assistance:

Avaya Federal Solutions, Inc.

Federal Customer Care Center 14400 Hertz Quail Springs Parkway Oklahoma City, OK 73134 Telephone: 1-800-492-6769 Facsimile: 1-800-882-1618

Maintenance/Support

Telephone: 1-800-242-2121

GSA Authorized Dealers

See list below or http://www.avaya.com/avayagov/contracts/gsa-schedule/gsa-it-schedule for GSA Authorized Dealers’ contact information.

Orders placed under Avaya’s GSA Schedule to Authorized Dealers shall be issued to Avaya Federal Solutions, Inc. c/o <Dealer> and shall reference the Dealer’s CAGE Code and/or DUNS Number/Unique Entity Identifier (UEI). Dealer will invoice the ordering activity and accept payment in Avaya Federal Solutions’ name, c/o < Dealer>.

Dealer Contact Address/Phone eMail Address Territory CAGE

Code DUNS Number / Unique Entity Identifier (UEI)

Socio- Economic Status

Alliance Technology Group, LLC

Bob King 7010 Hi Tech Drive Hanover, MD 21076 443-561-0260 bking@alliance-it.com Federal - Nationwide State/Local - No

1YBR8 96-927-6252 /

UCM7WPGJBZ67

SDB /

Woman Owned / 8(a) Certified

Altura Communication s Solutions

James Mullenix Scot Cusack

110 South Hartford Avenue Suite:2502 Tulsa, OK 74120 714-948-8429 (James)

James.Mullenix@waterfield.com Federal & State/Local - Nationwide

44743 10-362-1814 /

D3RHJXX5KLE7

Small Business http://www.avaya.com/avayagov/contracts/gsa-schedule/gsa-it-schedule mailto:bking@alliance-it.com mailto:James.Mullenix@waterfield.com

714-948-8727 (Tom)

Code

DUNS Number / Unique Entity Identifier (UEI)

Socio- Economic Status

Beacon Telecom, Inc.

Jay D'Antona

80 Cedar Street Canton, MA 02021 800-800-7004 jdantona@beacontelecom.com Federal & State/Local - Nationwide

1ZLH5 87-310-7627 /

QR48U5N1JFM5

Small Business (517110)

Blue Tech Inc. Dylan Slay 4025 Hancock St Suite 100 San Diego, CA 92110 619-497-6060 dslay@bluetech.com Federal - Nationwide State/Local - No

0CL10 12-170-1957 /

MDC5LDZKQAM4

SDB /

Woman-owned / HubZone / 8(a)

Carousel Industries of North America, Inc.

Lauren Testa

659 South County Trail Exeter, RI 02822 401-583-4465

LTesta@carouselindustries.com Federal & State/Local - Nationwide

1TBN6 92-745-0510 /

DPAUHGF917Y3

Small Business

Cerium Networks, Inc.

Roger Junkermier

1636 West 1st Avenue Spokane, WA 99201 509-536-8656 rjunkermier@ceriumnetworks.com Federal - Nationwide State/Local - AK, CA, ID, MT, OR, WA, WY

3Q5X8 91-205-9896 /

EQFBWJ3M55V5

Large Business

Comstar Technologies, LLC

Tim Fukui 1155 Phoenixvlle Pike, Suite 114-115 West Chester, PA 19382 610-840-1307 tfukui@comstar-usa.com Federal - Nationwide State/Local - No

810D1 79-491-6411 /

CM4EV7UDGNP6

Large Business

ConvergeOne Government Solutions, LLC

Inna Naryzhny

350 Clark Drive, Suite 120 Budd Lake, NJ 07828 973-527-3942 sales@c1gov.com Federal - Nationwide State/Local - No

3EDE6 82-521-1501 /

FLLAXSJS5ZX4

Large Business

ConvergeOne, Inc.

Kristin Garbiras

10900 Nesbitt Ave South Bloomington, MN 55437 518-309-6123 kgarbiras@onec1.com Federal - No State/Local - Nationwide

01KM6 82-541-0319 /

JTAMGUTNNFE3

Large Business

Hayes e- Government Resources, Inc.

Brooke Heffley

2551 Walunee Blvd Tallahassee, FL 32308 850-553-3963 bheffley@hcs.net Federal - No State/Local - FL

60U26 11-074-8543 /

NJAGDYHA1MH5

Small Business Woman Owned

Hi Country Wire and Telephone

Bob Whitfield Jr.

11645 West 62nd Place Arvada, CO 80004 303-467-5500

Bobjr@hcwt.com Federal - Nationwide State/Local - AZ, CO, NM, WY

1Y9T4 12-279-7673 /

TY14NNSRH975

Small Business Veteran Owned

Meridian IT Inc. Jim Harringto n

509 Erie Blvd West Syracuse, NY 13204 847-946-4017 jim.harrington@meridianitinc.com Federal - Nationwide State/Local - CT, GA, IL, KY, MA, MO, NC, NY, OH, SC, TN, VT

5L8M8 03-696-8949 /

R4XNRMBS29J1

Large Business

Mid Atlantic Business Communications

Jeremy Williams

701 Portcentre Parkway Portsmouth, VA 23704 757-673-2264 jwilliams@mabc.com Federal - Nationwide State/Local - No

0ZJH9 78-606-7660 /

L3CJBTN21RZ4

Small Business Veteran Owned Service Disabled

Mission Critical Solutions - MCS of Tampa

Chris Collins

8510 Sunstate Street Tampa, FL 33634 813-865-1042 ccollins@mcsoftampa.com Federal - Nationwide State/Local - No

1GBS1 80-020-3580 /

V46DN5AQ9MS6

Small Business / 8(a)

Norstan Communications, Inc. dba Black Box Network Services

Billy Redden

7970 Bayberry Rd, Suite 5 Jacksonville, FL 32256 904-716-9481 billy.redden@blackbox.com Federal - No

STATE/LOCAL - AL,

FL, GA, IN, KY, LA,

MS, NC, SC, TN, VA,

WV

1E5Y9 068196054 /

DC99E5542LN5

Large Business

Optivor Technologies, LLC

Stuart Chandler

10820 Guilford Road Suite 208 Annapolis Junction, MD 20701 orders@optivor.com Federal - Nationwide State/Local - MD

1Y5H0 11-286-5048 /

EYHLE7YTGF55

Small Business Woman Owned https://news.avaya.com/gov-gsa-schedule/ mailto:jdantona@beacontelecom.com mailto:dslay@bluetech.com mailto:LTesta@carouselindustries.com mailto:rjunkermier@ceriumnetworks.com mailto:tfukui@comstar-usa.com mailto:sales@c1gov.com mailto:kgarbiras@onec1.com mailto:bheffley@hcs.net mailto:Bobjr@hcwt.com mailto:jim.harrington@meridianitinc.com mailto:jwilliams@mabc.com mailto:ccollins@mcsoftampa.com mailto:billy.redden@blackbox.com mailto:orders@optivor.com

240-646-3955

Code

DUNS Number / Unique Entity Identifier (UEI)

Socio- Economic Status

Progressive Communications, LLC

Ky Nakaoka

1082 Sand Island Parkway Honolulu, HI 96819 808-845-0000 knakaoka@progressive-hi.com Federal & State/Local - CA, HI, NV

0ZV00 11-323-1062 /

HHVMML97NGK5

Small Business

Team Ronco Incorporated

Jason Grieco

1000 Park Forty Plaza Suite 325 Durham, NC 27713 919-961-8060 fedgov@ronco.net Federal – Nationwide

1AL46 01-279-4236 /

LMUACC4392A8

Small Business

Tyten Technologies, Inc.

Tygh VanZandt

11161 E State Rd 70, Suite 110-346 Lakewood Ranch, FL 34202 610-590-3801 tvanzandt@tytentec.com Federal & State/Local - Nationwide

8CS23 08-023-2293 /

LKUBLNMLLAC7

Small Business

b. Consolidated Invoicing

Unless otherwise requested by the ordering activity, this contract allows for consolidated billing of multiple items on an invoice for administrative ease. If the ordering activity requires detailed billing information for installation or maintenance coverage, Avaya will provide upon request. Contact Avaya’s Customer Care Center at 800-492-6769.

c. Payment Address As shown on invoice.

d. Government Purchase Cards

i. Government Purchase Cards are accepted for payments for oral or written delivery orders.

Avaya will, upon request, provide the ordering activity with the bank account information for wire transfer payments.

ii. Government Purchase Cards are accepted at, above and below the micro-purchase threshold.

3. Liability for Injury or Damage Avaya Federal Solutions (hereinafter “Avaya”) 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 Avaya, unless such injury or damage is due to the fault or negligence of Avaya.

4. Statistical Data for Ordering Office Completion of Standard Form 279

Block 9 G Order/Modification Under Federal Schedule Block 16 Unique Entity Identifier (UEI): NML3JFNVEAW6 Block 30 Type of Contractor: C. Large Business Block 31 Woman-Owned Business: No Block 37 Avaya Federal Solutions, Inc.’s

Tax Identification Code: 20-8174392

a. Cage Code mailto:knakaoka@progressive-hi.com mailto:fedgov@ronco.net mailto:tvanzandt@tytentec.com

4NGZ0 7415 Boston Blvd.

Springfield, VA 22153-3122

b. Avaya Federal Solutions, Inc. has registered with the System for Award Management (SAM).

c. The SAM Unique Entity Identifier (UEI) number for Avaya Federal Solutions, Inc. is

NML3JFNVEAW6.

d. Statistical data including TIN, DUNS, UEI and CAGE for GSA Authorized Dealers can be found under the Dealer’s SAM registration.

5. F.O.B. Destination Shipments within the 48 contiguous states and District of Columbia are FOB destination. Delivery to Alaska, Hawaii, Puerto Rico, U.S. Territories and overseas U.S. Government Installations would be to point of embarkation.

6. Delivery Schedule

a. Time of Delivery

Time of delivery is based on mutual agreement between the ordering activity and Avaya. Contact the Avaya Sales Office to obtain current delivery intervals. Expedited delivery and/or overnight and 2-day delivery is available for selected products at an additional charge. Ordering activities can contact the respective Avaya representative for information.

b. Urgent Requirements

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

7. Discounts

a. All prices are net after all discounts have been deducted. The prices stated apply to all ordering activities.

b. Order Based Discount: 2% off GSA price for a single order greater than $1M.

c. Prompt Payment: 0% - NET 30 days from receipt of invoice or date of acceptance, whichever is later.

Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

8. Trade Agreements

All items are U.S.-made end products or designated country end products, as defined in the Trade Agreements clause (FAR 52.225-5 (AUG 2018)).

9. Export Packing

Export packing, if requested, is available outside the scope of this contract. Charges shall be provided upon request.

10. 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 $100,000.00 SIN OLM Order-Level Materials

b. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000.00 SIN 33411 Purchasing of New Electronic Equipment SIN 511210 Software Licenses SIN 518210C Cloud Computing and Cloud Related It Professional Services SIN 54151 Software Maintenance Services SIN 54151S Information Technology Professional Services SIN 811212 Computer and Office Machine Repair and Maintenance

11. Minimum Order There is a $100.00 minimum value on orders to be issued under this contract.

12. Ordering Procedures 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. Contractor Tasks / Special Requirements (C-FSS-370) (NOV 2003)

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 are 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. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. 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 are 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 are 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.

k. Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

14. Contract Administration for Ordering Offices 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.I.)

15. GSA Advantage!

The GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’ schedule price lists with ordering information. The GSA Advantage! will allow the user to:

Perform various searches across all contracts including, but not limited to:

a. Manufacturer

b. Manufacturer’s Part Number; and

c. Product categories.

Ordering activities can browse GSA Advantage! by accessing the Internet address:

16. 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 –

a. 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);

b. The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

c. The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

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

17. Contractor Commitments, Warranties, and Representations

a. For purposes of this contract, the commitments, warranties, and representation 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 made 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

18. Overseas Activities Avaya does not offer overseas installation, maintenance and other services within the scope of the contract.

19. 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

Purchasing of New Electronic Equipment 33411 expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

20. 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 552.238-80, 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.

21. Installation, De-installation, Reinstallation

The Davis-Bacon Act (40 U.S.C. 276a-7) provides that contracts in excess of $2000 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 receive 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 simply 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 $2000, then the requirements of the Davis-Bacon Act apply.

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 33411.

If prevailing wages should apply, the labor rates may be increased accordingly.

22. 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) by following the “Section 508 Accessibility” link at https://www.avaya.com/us-government-solutions/capabilities/accessibility/.

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

23. 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. he 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 https://news.avaya.com/gov-gsa-schedule/ https://www.avaya.com/us-government-solutions/capabilities/accessibility/ http://www.section508.gov/ 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.

24. 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 the contract. (31 U.S.C. 3324), except as noted in SIN 511210/54151.

Terms and Conditions Applicable to Purchasing of New Electronic Equipment (Special Item Number 33411)

1. Material and Workmanship All equipment furnished hereunder will satisfactorily perform the function for which it is intended.

2. Order

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

3. Transportation of Equipment

Shipments within the 48 contiguous states and District of Columbia are FOB destination. Delivery to Alaska, Hawaii, Puerto Rico, the U.S. Territories and overseas U.S. Government Installations would be to point of embarkation. Expedited shipping, when required, is available upon request at no charge

4. Installation and Technical Services

a. Avaya shall deliver the products and services specified on the accepted order and shall install those products for which installation charges are specified on the order.

• The ordering activity, at its own expense, will provide (i) an equipment room and other environmental conditions as specified to the ordering activity by Avaya; (ii) access to the installation location for equipment and personnel at times specified by Avaya; (iii) adequate work-space, heat, light, ventilation and electrical outlets; and (iv) a secured and protected area for storage of tools and equipment near the equipment room.

• Installation activities are scheduled between 8 a.m. and 5 p.m., Monday through Friday, excluding Avaya and Government holidays. Those activities scheduled outside normal business hours at the ordering activity’s request, or because of ordering activity-caused delays, are subject to premium charges outside the scope of the contract.

• The ordering activity is responsible for identification and removal of any hazardous material (e.g., asbestos) or correction of any hazardous condition on the ordering activity’s premises that affects Avaya’s performance of services. Services may be delayed by Avaya while the ordering activity removes or corrects any hazardous condition, with no liability, cost, or penalty to Avaya.

• Customer Delays – If the delivery or installation of products is delayed for more than thirty (30) calendar days due to the fault of the ordering activity or its contractors, Avaya may commence billing, effective the scheduled delivery or installation date.

• Refer to SIN 54151S for more complex implementations.

b. Installation, Deinstallation, Reinstallation

The Davis-Bacon Act (40 U.S.C 276a-276a-7) provides that contracts in excess of $2000 to which the United States of 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 receive 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 of 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 $2000, then the requirements of the Davis-Bacon Act apply.

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 33411.

If prevailing wages should apply, the labor rates may be increased accordingly.

c. Operating and Maintenance Manuals

Avaya shall furnish the ordering activity one copy of any user manual relating to the equipment being installed/purchased, where normally provided.

5. Inspection/Acceptance

a. Avaya Installed Equipment

Equipment must operate in accordance with manufacturer’s published specifications. The ordering activity should give Avaya a written notice of acceptance or rejection within thirty (30) calendar days following the in-service date. “In-Service Date” means the date on which Avaya notifies ordering activity that the Avaya-installed products are installed in good working order in accordance with applicable documentation. The absence of an official written notice shall mean that acceptance has occurred.

b. Customer Installed/Drop Shipped Equipment Acceptance shall occur on the date of delivery of the product to the ordering activity.

6. Title and Risk of Loss

a. Title. Title to Avaya equipment delivered under this contract shall pass to the ordering activity on the date of acceptance.

b. Risk of Loss. Risk of loss or damage to the supplies provided under this contract shall remain with the Avaya until, and shall pass to the ordering activity upon:

(i) Delivery of the supplies to the carrier, if transportation is f.o.b. origin; or

(ii) Delivery of the supplies to the ordering activity at the destination specified in the contract if transportation is f.o.b. destination.

7. Warranty

a. Warranty. Avaya warrants to ordering activity that during the applicable warranty period, the product will conform to and operate in accordance with the applicable documentation in all material respects. To the extent that Avaya performs installation services with respect to its products, Avaya warrants that those installation services will be carried out in a professional and workmanlike manner by qualified personnel.

b. Warranty Period. Unless a different period is specified in the applicable order, the warranty periods for products and installation services are as follows:

(1) Hardware: twelve (12) months, beginning on the In-Service Date for Avaya-installed Hardware and on the delivery date for all other hardware; Installation Services: thirty (30) days from the performance of the applicable installation services.

c. Remedies.

(1) Products. If the product is not in conformance with the warranty above and Avaya receives from ordering activity during the applicable warranty period a written notice describing in reasonable detail how the product failed to be in conformance, Avaya at its option will: i) repair or replace the product to achieve conformance and return the product to ordering activity; or ii) refund to ordering activity the applicable fees upon return of the non-conforming product to Avaya. Replacement hardware may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent and will be furnished only on an exchange basis. Returned hardware that has been replaced by Avaya will become Avaya’s property. Replacement products are warranted as above for the remainder of the original applicable product warranty period.

(2) Installation Services. To the extent that Avaya has not performed installation services in conformance with the above warranty, and Avaya receives notice from ordering activity identifying the non-conformance within thirty (30) days of its occurrence, Avaya will re-perform the non-conforming installation services. If Avaya determines the re-performance is not commercially reasonable, Avaya will refund to ordering activity the fees for the con-conforming installation services.

(3) Sole Remedy. THESE REMEDIES WILL BE ORDERING ACTIVITY’S SOLE AND

EXCLUSIVE REMEDIES AND WILL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES

ORDERING ACTIVITY MAY HAVE AGAINST AVAYA WITH RESPECT TO THE

NONCONFORMANCE OF PRODUCTS.

d. Warranty Procedures. Products subject to a warranty claim must be returned to Avaya in accordance with Avaya’s instructions, accompanied by evidence satisfactory to Avaya that the products remain entitled to warranty protection.

If a product is returned within the applicable warranty period subject to a valid warranty claim, Avaya will not charge for any repair, replacement, error identification or correction, or return shipment of the non-conforming product. If Avaya determines that the product was operating in conformance with its applicable warranty, Avaya may charge ordering activity for error identification or correction efforts, repair, replacement and shipment costs at Avaya’s then current rates.

8. Warranty Exclusions

a. Warranty Exclusions. The warranties provided in Paragraph 7 do not extend to any damages, malfunctions, or non-conformities caused by:

(i) Ordering activity’s use of products in violation of the license granted by Avaya to the ordering activity or in a manner inconsistent with the product documentation;

(ii) Use of non-Avaya furnished equipment, software, or facilities with products (except to the extent provided in the product documentation);

(iii) Ordering Activity’s failure to follow Avaya’s installation, operation or maintenance instructions;

(iv) Ordering Activity’s failure to permit Avaya timely access, remote or otherwise, to products;

(v) Failure to implement all new updates to software provided under the Schedule;

(vi) Products that have had their original manufacturer’s serial numbers altered, defaced or deleted; andProducts that have been serviced or modified by a party other than Avaya or an authorized Avaya reseller

b. Toll Fraud. Avaya does not warrant that products or services will prevent Toll Fraud. Prevention of Toll Fraud is the responsibility of ordering activity.

c. Force Majeure. Neither party will have liability for delays, failure in performance or damages due to: fire, explosion, power failures, pest damage, lightning or power surges, strikes or labor disputes, water, acts of God, war, civil disturbances, terrorism, acts of civil or military authorities, inability to secure raw materials, transportation facilities, fuel or energy shortages, performance or availability of communications services or network facilities, or other causes beyond the party’s reasonable control. The foregoing will not apply to payments of fees for products delivered or installed, as applicable, or for services performed.

d. Products from Third Parties. Ordering activity’s decision to acquire or use products from third parties is the ordering activity’s sole responsibility, even if Avaya helps the ordering activity identify, evaluate or select them. AVAYA IS NOT RESPONSIBLE FOR, AND WILL NOT BE LIABLE FOR, THE QUALITY OR PERFORMANCE OF SUCH PRODUCTS OR THEIR SUPPLIERS.

e. Disclaimers. EXCEPT AS PROVIDED IN PARAGRAPHS 7 AND 8, NEITHER AVAYA NOR ITS

SUPPLIERS OR LICENSORS MAKES ANY EXPRESS OR IMPLIED WARRANTIES OR

REPRESENTATIONS WITH RESPECT TO ANY PRODUCTS OR INSTALLATION SERVICES.

AVAYA DOES NOT WARRANT THE UNINTERRUPTED OR ERROR FREE OPERATION OF

PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA

DISCLAIMS ALL WARRANTIES IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED

TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT.

9. Purchase Price for Ordered Equipment

a. The purchase price that the ordering activity will be charged is the purchase price in effect at the time of order placement.

b. Front market prices apply to new systems, upgrades (including software and server migrations) and any add-ons that are included on the same order as the new system or upgrade. Aftermarket prices apply to add-ons that are not included on a new system or upgrade order.

10. Trade-In of Information Technology Equipment When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding Disposition of Information Technology Excess Personal Property in the Federal Property Management Regulations (FPMR) (41 CFR part 101-43.6), and the policies and procedures on exchange/sale contained in FPMR (41 CFR part 101-46).

11. Change Control Date The “Change Control Date” (CCD), when applicable, is mutually agreed upon and is the last date that Avaya will accept changes to the products ordered for delivery on the delivery date or for installation on the In- Service Date. Changes to the original order received by Avaya prior to the CCD must be approved in writing by both parties. Changes received and accepted by Avaya after the CCD will be treated as separate orders and will be delivered after the delivery date or installed after the In-Service date. The CCD for subsequently placed orders for modifications or additions will be the date Avaya accepts that order.

12. Limitations of Liability

a. The total aggregate liability of either party for each and all claims arising out of or in connection with the agreement will not exceed an amount equal to the total amount of all fees paid or payable under the agreement in the twelve (12) month period immediately preceding the date of the event giving rise to the claim. The limitations of liability in this paragraph will apply to any damages, however caused, and on any theory of liability, whether for breach of contract, tort (including, but not limited to, negligence), or otherwise, and regardless of whether the limited remedies available to the parties fail of their essential purpose. However, they will not apply in cases of willful misconduct, personal injury or breaches of Avaya’s license restrictions.

b. The limitations of liability in this paragraph also will apply to any liability of directors, officers, employees, agents and suppliers. The limitations of aggregate liability will not apply to contractual indemnification obligations provided in the agreement.

13. New Material Only new equipment, excluding repair or replacement parts, will be provided to the ordering activity. Repair or replacement parts may be new, remanufactured, or refurbished, and are warranted as new.

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

Equipment Maintenance and Repair 811212

Contract # GS-35F-0156V 1-800-492-6769 https://news.avaya.com/gov-gsa-schedule

Terms and Conditions Applicable to Office Computer and Machine Repair and Maintenance (After expiration of Warranty provisions and/or when required service is not covered by Warranty provisions) (Special Item Number 811212)

1. Service Areas The service areas covered by this contract are the 48 contiguous states and the District of Columbia. Service in Alaska, Hawaii, Puerto Rico, the U.S. Territories and overseas U.S. Government Installations are for selected products only.

2. Maintenance Order

a. Ordering activities may use written orders, EDI orders, credit card orders, or BPAs for ordering maintenance in accordance with the terms of this contract. Avaya 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 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 Avaya as prescribed by this paragraph, the order shall be considered to be confirmed by Avaya.

b. Avaya shall honor orders for maintenance for periods of four years or less, depending on the platform consistent with its standard commercial maintenance coverage. Maintenance service shall commence on a mutually agreed to date, which will be written into the maintenance order. 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 Avaya; 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 fiscal 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 a 12- month contract period which may cross fiscal years, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period (despite the intervening fiscal year ending).

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

3. Repair Service and Repair Parts Orders

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 under this contract.

Orders for repair service shall not extend beyond the end of the contract period.

b. When a repair is ordered, Avaya will dispatch the appropriate number of technicians to perform the repair service, after the ordering activity agrees and issues an order for the billable repairs.

4. Loss or Damage When the contractor removes equipment to his establishment for repairs, the contractor shall be responsible for any…