IT-70 - Bernardini, Helma - GS35F0195P

AUTHORIZED FEDERAL SUPPLY SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

General description of the commodity offered: Software, software licenses, and software maintenance subscriptions.

Special Item No. 132-33 PERPETUAL SOFTWARE LICENSES

FSC CLASS 7030 – Information Technology Software

Large Scale Computers

Application Software

Microcomputers

Application Software

Special Item No. 132-34 MAINTENANCE OF SOFTWARE

2937 Shadow Canyon Circle

Norco, CA 92860

Phone: 951-737-6509

Fax: 951-737-5812

Web Address: www.swsolutions4u.com

Contract Number: GS-35F-0195P

Period Covered by Contract: January 6, 2004 – January 5, 2019

Prices are current through modification PO-0087, dated November 24, 2017

General Services Administration

Federal Supply Service

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! By accessing the

Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/. A current GSA price list can also be requested from Software Solutions by calling 951-737-6509 or via email at sales@swsolutions4u.com.

http://www.fss.gsa.gov/

INFORMATION FOR ORDERING OFFICES

APPLICABLE TO ALL SPECIAL ITEM NUMBERS

SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Supply Schedules

Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply

Schedules, and to report accomplishments against these goals.

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA

Advantage! and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

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

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

1. Geographic Scope of Contract:

The 48 contiguous States, the District of Columbia, Alaska, Hawaii, and the Commonwealth of Puerto

Rico.

2. Contractor's Ordering Address and Payment Information:

Software Solutions’ Ordering Address:

Software Solutions

Software Solutions’ Payment Address:

Software Solutions does accept the Government purchase card for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Government purchase cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments is available through SAM, which can be accessed at http://www.sam.gov/.

Software Solutions’ CAGE Code is 3DK46 and DUNS Number is 118785547.

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

951-737-6509

3. LIABILITY FOR INJURY OR DAMAGE

Software Solutions shall not be liable for any injury to Government personnel or damage to Government property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of Software Solutions.

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

Block 9: G. Order/Modification Under Federal Schedule

Block 16: Data Universal Numbering System (DUNS) Number: 118785547

Block 30: Type of Contractor – B. Other Small Business

A. Small Disadvantaged Business

B. Other Small Business

C. Large Business

G. Other Nonprofit Organization

L. Foreign Contractor

Block 31: Woman-Owned Small Business - Yes

Block 36: Software Solutions’ Taxpayer Identification Number (TIN): 552-77-1072

4a. CAGE Code: 3DK46

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

FOB DESTINATION

Licenses and maintenance shall be made F.O.B. Destination. The Government shall pay no shipping on orders where the standard 5 Day delivery is acceptable. Arrangements for overnight shipping are available at the Government’s expense.

6. DELIVERY SCHEDULE

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

MANUFACTURER SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)

Attachmate, Corp. 132-33 5 Days

Attachmate, Corp. 132-34 5 Days

b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency, agencies are encouraged, if time permits, to contact Software Solutions for the purpose of obtaining accelerated delivery. Software

Solutions shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by Software Solutions in writing.) If Software Solutions offers an accelerated delivery time acceptable to the ordering agency, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

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

a. Prompt Payment: Software Solutions does not provide any prompt payment discounts.

All invoices are payable Net 30 from the invoice date or receipt of order, whichever is later. There are no prompt payment discounts for purchases made with the government purchase card.

b. Quantity – Software Solutions reserves the right to offer any Government agency (local, state or federal) a lower price than the published GSA price for an extraordinarily large quantity. This is referred to as a spot discount.

c. Dollar Volume – Software Solutions reserves the right to offer any Government agency

(local, state or federal) a lower price than the published GSA price for an extraordinarily large dollar value. This is referred to as a spot discount.

d. Government Educational Institutions – Are eligible to receive the same government pricing offered to local, state and federal agencies.

e. Other – Spot discounts are occasionally offered in very competitive circumstances.

8. Trade Agreements Act of 1979, as amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of

1979, as amended.

9. Statement Concerning Availability of Export Packing:

Prices quoted in this pricelist included standard commercial packing.

10. Small Requirements: The minimum dollar value of orders to be issued is $25.

11. Maximum Order (All dollar amounts are exclusive of any discount for prompt payment.)

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

Special Item Number 132-3 - Leasing of Product

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

Special Item Number 132-8 - Purchase of Equipment

Special Item Number 132-32 - Term Software Licenses

Special Item Number 132-33 - Perpetual Software Licenses

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

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

Special Item Number 132-53 – Wireless Services

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

Special Item Number 132-50 - Training Courses

c. The Maximum Order value for the following Special Item Numbers (SINs) is $10,000

Special Item Number 132-12 – Repair Parts/Spare Parts ONLY

Note: Maximum Orders do not apply to Special Item Numbers 132-12 Maintenance and Repair Service

(except for Repair Parts/Spare Parts) or 132-34 Maintenance of Software.

12. USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE

CONTRACTS. In accordance with FAR 8.404:

[NOTE: Special ordering procedures have been established for Special Item Numbers (SINs) 132-51

IT Professional Services and 132-52 EC Services; refer to the terms and conditions for those SINs.]

Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under

Federal Supply Schedules, ordering offices need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5. GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering office has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

a. Orders placed at or below the micro-purchase threshold. Ordering offices can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor.

b. Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold.

Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering offices should consider reasonably available information about the supply or service offered under MAS contracts by using the “GSA Advantage!” on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the agency’s needs. In selecting the supply or service representing the best value, the ordering office may consider--

(1) Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service;

(2) Trade-in considerations;

(3) Probable life of the item selected as compared with that of a comparable item;

(4) Warranty considerations;

(5) Maintenance availability;

(6) Past performance; and

(7) Environmental and energy efficiency considerations.

c. Orders exceeding the maximum order threshold. Each schedule contract has an established maximum order threshold. This threshold represents the point where it is advantageous for the ordering office to seek a price reduction. In addition to following the procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering offices shall--

Review additional Schedule Contractors’

(1) Catalogs/pricelists or use the “GSA Advantage!” on-line shopping service;

(2) Based upon the initial evaluation, generally seek price reductions from the Schedule

Contractor(s) appearing to provide the best value (considering price and other factors); and

(3) After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative. If further price reductions are not offered, an order may still be placed, if the ordering office determines that it is appropriate.

NOTE: For orders exceeding the maximum order threshold, the Contractor may:

(1) Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR 52.216-19 Order Limitations);

(2) Offer the lowest price available under the contract; or

(3) Decline the order (orders must be returned in accordance with FAR 52.216-19).

d. Blanket purchase agreements (BPAs). The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR 8.404. All schedule contracts contain BPA provisions. Ordering offices may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times.

e. Price reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering offices will find it advantageous to request a price reduction. For example, when the ordering office finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering office the opportunity to secure greater discounts. Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual agency for a specific order.

f. Small business. For orders exceeding the micro-purchase threshold, ordering offices should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement.

g. Documentation. Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid. If an agency requirement in excess of the micro-purchase threshold is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering office shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the agency’s needs.

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS

REQUIREMENTS: Federal departments and agencies acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards

Index). Inquiries to determine whether or not specific products listed herein comply with Federal

Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering offices, shall be responded to promptly by the Contractor.

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

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

Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use.

Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number

(703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD."

Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply

Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the

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

14. SECURITY REQUIREMENTS. In the event security requirements are necessary, the ordering activities may incorporate, in their delivery orders, a security clause in accordance with current laws, regulations, and individual agency policy; however, the burden of administering the security requirements shall be with the ordering agency. If any costs are incurred as a result of the inclusion of security requirements, such costs will not exceed ten percent (10%) or $100,000, or the total dollar value of the order, whichever is less.

15. CONTRACT ADMINISTRATION FOR ORDERING OFFICES: Any ordering office, 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 Government’s convenience, and (m) Termination for Cause (See C.1.)

16. GSA Advantage!

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

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

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

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

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract.

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

Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply

Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the

Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements

(Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

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

Federal Supply Schedule is fair and reasonable;

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

and

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

18. SOFTWARE SOLUTIONS’ COMMITMENTS, WARRANTIES AND REPRESENTATIONS

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

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

(2) To the extend provided by the manufacturer, 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 manufacturer’s representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by Software Solutions.

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

19. OVERSEAS ACTIVITIES

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

Not Applicable

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

20. BLANKET PURCHASE AGREEMENTS (BPAs)

Federal Acquisition Regulation (FAR) 13.303-1(a) defines Blanket Purchase Agreements (BPAs) as “…a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” The use of Blanket Purchase Agreements under the Federal

Supply Schedule Program is authorized in accordance with FAR 13.303-2(c)(3), which reads, in part, as follows:

“BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract.”

Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up “accounts” with

Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA.

Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this

Schedule Pricelist, for customers to consider when using this purchasing tool.

21. CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor’s Reports of Sales and

552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. INSTALLATION, DEINSTALLATION, REINSTALLATION

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the

United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-

Bacon Act applies.

The requisitioning activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8.

23. SECTION 508 COMPLIANCE.

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

This information is available upon request by contacting Software Solutions at 951-737-6509 or at sales@swsolutions4u.com.

24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

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

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

(b) The following statement:

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

TERMS AND CONDITIONS APPLICABLE TO

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

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

MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE

COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE

1. INSPECTION/ACCEPTANCE

Software Solutions shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any software that has been tendered for acceptance for a period of 90 days. The Government may require repair or replacement of nonconforming software at no increase in contract price for 90 days. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.

2. GUARANTEE/WARRANTY

a. Unless specified otherwise in this contract, the Manufacturer’s standard commercial guarantee/warranty as stated in the contract’s commercial pricelist will apply to this contract. The warranty period is 90 days from the order date.

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

c. Software Solutions will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

3. TECHNICAL SERVICES

The Manufacturer, Attachmate Corporation, without additional charges to the Government, shall provide access to technical support for the purpose of providing user assistance and guidance in the implementation of the software only to customers with a maintenance subscription plan. Attachmate may be contacted online at http://support.attachmate.com/contact. Technical support is available from 6 a.m.. to 5 p.m.

Pacific Time.

4. SOFTWARE MAINTENANCE

a. A software subscription agreement offers automatic new version upgrades to major releases and online access to software updates and patches. Attachmate Corporation also provides unlimited online access to technical support experts from 6 a.m. to 5 p.m., Pacific time. All software subscription agreements are fulfilled electronically.

Invoices for software subscriptions will be submitted by Software Solutions after an order is processed. All software subscription services are invoiced and collected for the full amount with net 30 terms from the invoice date. Payment in arrears is not available. Software subscription services are not returnable after 30 days and therefore non-refundable.

5. MAINTENANCE (132-34)

a. Software Solutions shall honor orders for periods for the duration of the contract period. The period of performance is typically 12 months from the license issuance date of an initial order and 12 months from the due date for a subscription renewal. The Government has the option to purchase a subscription contract which is 12, 24, 36 or 48 months. There are no refunds to Government agencies who no longer wish to receive the benefits of their software subscription services. The software subscription plan would simply expire at the end of the contract date without any requirement to renew.

b. Software subscription services may be discontinued by the Government up to thirty (30) calendar days of activation upon providing written notice to Software Solutions.

c. Annual Funding. When annually appropriated funds are cited on an order for maintenance, the period of the maintenance shall automatically expire in one year from the license contract period, or at the end of the license contract period, whichever occurs first. Software Solutions will cite the renewal deadline for a software subscription as well as the period of performance on all quotations. It is recommended that a

Government agency cite this information on their purchase order.

d. Cross-Year Funding Within Contract Period. Where an ordering office’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering office may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. Software Solutions will provide prorated quotes to Government agencies who require a period of performance greater than 12 months. A period of performance for 24, 36 or 48 months may be requested.

e. Ordering offices should notify Software Solutions in writing thirty (30) calendar days prior to the expiration of an order, if the subscription is to be extended or renewed for another term. An order for the continuation of the subscription will be required if the subscription is to be continued or extended.

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE

Not applicable. Software Solutions’ schedule refers only to SIN 132-33 and SIN 132-34. Since term licenses are not being offered, there is no conversion from term licenses to perpetual licenses.

7. TERM LICENSE CESSATION

Not applicable. Software Solutions’ schedule refers only to SIN 132-33 and SIN 132-34. Since term licenses are not being offered, there is no cessation from term licenses to perpetual licenses.

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

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

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

(1) Title to and ownership of the software and documentation shall remain with the party procuring the product and not with Software Solutions, unless otherwise specified.

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

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

(3) Except as is provided in paragraph 8.b(2) above, the Government shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of Software Solutions. Third parties do not include prime Contractors, subcontractors and agents of the government who have the

Government's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the Government to use software, documentation, or information therein, which the Government may already have or obtains without restrictions.

(4) The Government shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of disaster recovery, the Government has the right to transfer the software to another site if the Government site for which it is acquired is deemed to be unsafe for

Government personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.

(5) "Commercial Computer Software" may be marked with Software Solutions’ standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend.

9. SOFTWARE CONVERSIONS - (132-33)

A Government agency needing to convert from one version of software to another has several options in obtaining an upgrade. Under the Manufacturer’s purchase protection program, the Government will have the option of receiving an upgrade at no charge up to 30 days of purchasing the software if a new version is released. After 30 days, the Government will have the option of purchasing upgrade licenses when a new version of the product is released. If the Government had purchased a maintenance subscription plan, which includes upgrade protection for the licensed software, the upgrade will automatically and electronically be provided by Manufacturer.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

Software Solutions shall include, along with the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered. This information is contained in the Manufacturer’s website or can be requested from Software Solutions.

11. RIGHT-TO-COPY PRICING

Not applicable.

USA COMMITMENT TO PROMOTE

SMALL BUSINESS PARTICIPATION

PROCUREMENT PROGRAMS

PREAMBLE

(Name of Company) provides commercial products and services to the Federal Government. We are committed to promoting participation of small, small disadvantaged and women-owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor-protégé programs, joint ventures, teaming arrangements, and subcontracting.

COMMITMENT

To actively seek and partner with small businesses.

To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by purchasing from these businesses whenever practical.

To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns.

To undertake significant efforts to determine the potential of small, small disadvantaged and women-owned small business to supply products and services to our company.

To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged, and women-owned small businesses.

To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc., to identify and increase small businesses with whom to partner.

To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities.

We signify our commitment to work in partnership with small, small disadvantaged and women-owned small businesses to promote and increase their participation in Federal Government contracts. Software

Solutions is a certified small business and woman-owned business. To accelerate potential opportunities please contact Ms. Helma Bernardini at Ph# 951-737-6509, Fax#: 951-737-5812, or email at helmab@swsolutions4u.com.

BEST VALUE

BLANKET PURCHASE AGREEMENT

FEDERAL SUPPLY SCHEDULE

(Insert Customer Name)

In the spirit of the Federal Acquisition Streamlining Act (Agency) and (Software Solutions) enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the

General Services Administration (GSA) Federal Supply Schedule Contract(s) GS-35F-0195P.

Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming

Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal

Acquisition Regulation (FAR) 9.6.

This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the Government that works better and costs less.

Signatures

Agency Date Contractor Date

BPA NUMBER_____________

(CUSTOMER NAME)

BLANKET PURCHASE AGREEMENT

Pursuant to GSA Federal Supply Schedule Contract Number GS-35F-1095P, Blanket Purchase

Agreements, Software Solutions agrees to the following terms of a Blanket Purchase Agreement (BPA)

EXCLUSIVELY WITH (Ordering Agency):

(1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below:

MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE

(2) Delivery:

DESTINATION DELIVERY SCHEDULES / DATES

(3) The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be _________________________.

(4) This BPA does not obligate any funds.

(5) This BPA expires on _________________ or at the end of the contract period, whichever is earlier.

(6) The following office(s) is hereby authorized to place orders under this BPA:

OFFICE POINT OF CONTACT

(7) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper.

(8) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum:

(a) Name of Contractor;

(b) Contract Number;

(c) BPA Number;

(d) Model Number or National Stock Number (NSN);

(e) Purchase Order Number;

(f) Date of Purchase;

(g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

(h) Date of Shipment.

(9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract.

Invoices will be submitted to the address specified within the purchase order transmission issued against this BPA.

(10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence.

BASIC GUIDELINES FOR USING

“CONTRACTOR TEAM ARRANGEMENTS”

Federal Supply Schedule Contractors may use “Contractor Team Arrangements” (see FAR 9.6) to provide solutions when responding to a customer agency requirements.

These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts.

Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule

Contract.

Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors.

Customers should refer to FAR 9.6 for specific details on Team Arrangements.

Here is a general outline on how it works:

The customer identifies their requirements.

Federal Supply Schedule Contractors may individually meet the customers needs, or -

Federal Supply Schedule Contractors may individually submit a Schedules “Team

Solution” to meet the customer’s requirement.

Customers make a best value selection.

GSA Price List

(Effective 11/24/17 under Mod PO-0087)

Part Number Product Description

Commercial

Price

GSA FSS

Price

000-038913 Reflection for Secure IT Client for Windows License 83.40$ 79.81$

000-038916 Reflection for Secure IT Client for Windows Maintenance 17.60$ 16.85$

RSCLINUX-LG Reflection for Secure IT Client UNIX License 79.60$ 76.19$

RSCLINUX-MTSG Reflection for Secure IT Client UNIX Maintenance 16.80$ 16.07$

RSSERUNX-LG Reflection for Secure IT Server UNIX License 389.05$ 372.37$

RSSERUNX-MTSG Reflection for Secure IT Server UNIX Maintenance 81.35$ 77.86$

RSSERWIN-LG Reflection for Secure IT Server Windows License 544.45$ 521.11$

RSSERWIN-MTSG Reflection for Secure IT Server Windows Maintenance 114.35$ 109.44$

1111416.LG Reflection Enterprise Suite License 351.20$ 336.14$

1111438.MTSG Reflection Enterprise Suite Maintenance 73.65$ 70.49$

1111291.LG Reflection Desktop License 232.45$ 222.49$

1111306.MTSG Reflection Desktop Maintenance 49.05$ 46.94$

1111310.LG Reflection Desktop For The IBM License 170.55$ 163.24$

1111317.MTSG Reflection Desktop For The IBM Maintenance 35.90$ 34.36$

1111397.LG Reflection Desktop Pro License 318.35$ 304.70$

1111405.MTSG Reflection Desktop Pro Maintenance 66.85$ 63.98$

1111336.LG Reflection Desktop For Unix and Open VMS License 168.00$ 160.80$

1111342.MTSG Reflection Desktop For Unix and Open VMS Maintenance 35.50$ 33.97$

1111359.LG Reflection Desktop For X License 237.50$ 227.32$

1111366.MTSG Reflection Desktop For X Maintenance 50.15$ 48.00$

1111491.LG Reflection for The Web Enterprise Edition License 121.30$ 116.10$

1111504.MTSG Reflection for Web Enterprise Edition Maintenance 25.65$ 24.54$

1111617.LG InfoConnect Desktop For Unisys License 338.55$ 324.03$

1111620.MTSG InfoConnect Desktop For Unisys Maintenance 71.00$ 67.96$

1107564.LG InfoConnect Enterprise Edition for Unisys License 306.95$ 293.79$

1107565.MTSG InfoConnect Enterprise Edition for Unisys Maintenance 64.45$ 61.69$