Federal Supply Schedule GS35F0248X

F eSecurityToGo, LLC 1109 Qual St.

Newport Beach, CA 92660 Phone: 949.261.5555 Fax: 949.261.5556 www.esecuritytogo.com

Contract Number: GS‐35F‐0248X Business Size: Small Business

Contract Period: February 22, 2011 – February 21, 2016 Modification:

Pricelist current through Modification PO11, Dated 1/25/2012

General Services Administration ‐ Federal Acquisition Service Authorized Federal Supply Schedule PRICELIST Schedule Contract 70 – General Purpose Commercial Information Technology Equipment, Software & Services

SIN 132‐8 PURCHASE OF EQUIPMENT

FSC Class: 5810 – Communication Security Equipment & Comps FSC Class: N058 Installation of Communication Equipment

SIN 132‐33 PERPETUAL SOFTWARE LICENSES

FSC Class: 7030 ‐ ADP Software

Note 1: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132‐8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis‐Bacon Act apply. In applying the Davis‐Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, as applicable.

NOTE 2: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency‐sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

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 Acquisition Service’s Home Page via the Internet at http://www.fss.gsa.gov/

TABLE OF CONTENTS

Information for Ordering Activities……………………….………………………………………………….. 2

SIN 132‐8

Terms & Conditions…………………………………………………………………

SINs 132‐33 Terms & Conditions…………………………………………………………………

PRICELIST

SIN 132‐8………………………………………………………………………………………………………. 14

CMS Products…………………………………………………………………………………….. 14 DataLocker………………………………………………………………………………………… 15

MXI …………………………………………………………………………………………………… 15

NetGear…………………………………………………………………………………………….. 17

SIN 132‐33…………………………………………………………………………………………………….. 19

CMS Products…………………………………………………………………………………….. 19

MXI…………………………………………………………………………………………………….. 19

USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT

PROGRAMS……………………………………………………………………………………………………………….. 20

BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE…………… 21

BASIC GUIDELINES FOR USING CONTRACTOR TEAM ARRANGEMENTS…………………….. 24

About eSecurityToGo.………………………………………………………………………………………………... 25

INFORMATION FOR ALL ORDERING ACTIVITIES

(Applicable to all Special Item Numbers)

SPECIAL NOTICE TO AGENCIES: Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Acquisition Service.

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

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

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

1. GEOGRAPHIC SCOPE OF CONTRACT

Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories.

Offerors are requested to check one of the following boxes:

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

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

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

2. ORDERING ADDRESS AND PAYMENT INFORMATION

ORDERING INFORMATION:

a. For mailed orders, the postal mailing address where written orders will be received is as follows:

eSecurityToGo, LLC ATTN: Patti Counter, Federal Sales Manager 1109 Quail St.

Newport Beach, CA 92660

b. For orders by facsimile transmission, the point of contact is:

Patti Counter, Federal Sales Manager Fax Number: (949) 777-2240 eSecurityToGo, LLC is required to 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 NOT be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice.

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

TECHNICAL AND/OR ORDERING ASSISTANCE:

Patti Counter, Federal Sales Manager Telephone: (949) 261.5555 x125

3. LIABILITY FOR INJURY OR DAMAGE

The Contractor 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 the Contractor.

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: 14-937-8023

Block 30: Type of Contractor – B. Other Small Business Block 31: Woman-Owned Small Business - No Block 36: Contractor's Taxpayer Identification Number (TIN): 02-0698541

4a. CAGE Code: 4FC03

4b. CENTRAL CONTRACTOR REGISTRATION eSecurityToGo, LLC has registered with the Central Contractor Registration Database.

5. FOB Destination

6. DELIVERY SCHEDULE

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

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)

SIN 132-8 7-10 days

SIN 132-33 7-10 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 the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt.

(Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering 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: 0% - 30 days from receipt of invoice or date of acceptance, whichever is later.

b. Quantity: None.

c.Dollar Volume: >$20k, 1%; >$50k, 3%, >$100k, 5%.

d.Government Educational Institutions: Government Educational Institutions are offered the same discounts as all other Government customers.

e. other - none

8. TRADE AGREEMENT 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

Not applicable for services offered herein.

10. SMALL REQUIREMENTS

The minimum dollar value of orders to be issued is $100.

11. MAXIMUM ORDER THRESHOLD

The Maximum Order value for the following SINs is:

Special Item Number 132-8 Purchase of Equipment $500,000 Special Item Number 132-33 Perpetual Software Licenses $500,000

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. 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 Acquisition Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC

20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001)

(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.

(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.

(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel.

(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

(g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.

(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.

(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

(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).

15. 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 52.212-4)

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. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

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

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

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

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

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

19. OVERSEAS ACTIVITIES

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

none

Upon request of the Contractor, the Government may provide the Contractor 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 Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract.

20. BLANKET PURCHASE AGREEMENTS (BPAs)

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 he 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.

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).

All products offered on this contract are Section 508 compliant.

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.

25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY.

Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

27. ADVANCE PAYMENTS

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract.

(31 U.S.C. 3324)

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBER 132-8)

1. MATERIAL AND WORKMANSHIP

All equipment furnished hereunder must 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 agreements (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.

For credit card orders and BPAs, telephone orders are permissible.

3. TRANSPORTATION OF EQUIPMENT

FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.

MXI Products – Destination: CONUS Origin: AK, HI, PR

NetGear Products – Destination: CONUS, AK, HI Non-delivery: PR

DataLocker - Destination: CONUS Origin: AK, HI Non-delivery: PR

4. INSTALLATION AND TECHNICAL SERVICES

a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule:

Equipment is normally self-installable. If installation support is required by eSecurity ToGo, the charges for such services are listed in the price schedule.

b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act (40 U.S.C. 276a- 276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies.

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

c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.

5. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered;

and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

6. WARRANTY

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

Standard Commerical Warranty offered by manufacturers as follows. Please see pricelist for warranty period by product.

MXI Pricing – 30 days - 1 year

NetGear – 2- 5 years

DataLocker – 90 days - 1 year

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

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

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows:

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.

8. RESPONSIBILITIES OF THE CONTRACTOR

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

9. 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 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).

TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM

NUMBER 132-33) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

SOFTWARE

1. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered;

and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.

2. GUARANTEE/WARRANTY

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

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

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

3. TECHNICAL SERVICES

eSecurityToGo, LLC without additional charge to the ordering activity, shall provide a hot line technical support number given to the ordering agency at time of purchase for the purpose of providing user set-up assistance and guidance in the implementation of the software. The technical support number 941-261-5555 is available between 8:00am and 5:00pm (Pacific Standard Time) Monday through Friday (excluding holidays).

4. SOFTWARE MAINTENANCE

a. Software maintenance as it is defined: (select software maintence type) :

___X____ 1. Software Maintenance as a Product

Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace.

No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self diagnostics.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service.

_________ 2. Software Maintenance as a Service

Software maintenance as a service 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 as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324.

b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

5. UTILIZATION LIMITATIONS - (132-33)

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

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

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

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

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

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

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

9. SOFTWARE CONVERSIONS - (132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

See description of products and pricing offered under these SINs by the contractor to the government below.

11. RIGHT-TO-COPY PRICING

The Contractor shall insert the discounted pricing for right-to-copy licenses.

eSecurityToGo does not offer the option to copy licenses.

PRICELIST

SIN 132-8 Purchase of Equipment

CMS PRODUCTS

SIN MFR MFR Part Product Description GSA Price Country Warranty of Origin

USB Encrypted Flash Drives provide secure portable storage, offering advanced Hardware Encryption AES 256 and password protection to prevent unauthorized Data Leaks.

CE Secure FIPS Hardware Encrypted Flash Drives - Management Ready

132-8

CMS

Products CE-VAULTFIPS-4G 4GB FIPS Hardware Encrypted Flash Drive $76.57 USA 3 Years

132-8

CMS

Products CE-VAULTFIPS-8G 8GB FIPS Hardware Encrypted Flash Drive $105.29 USA 3 Years

132-8

CMS

Products CE-VAULTFIPS-16G 16GB FIPS Hardware Encrypted Flash Drive $162.72 USA 3 Years

132-8

CMS

Products CE-VAULTFIPS-32G 32GB FIPS Hardware Encrypted Flash Drive $248.87 USA 3 Years

CE Secure Vault FIPS Hardware Encrypted Hard Disk Drive - Management Ready

132-8

CMS

Products CE-DVLTFIPS-320 320GB Disk Vault FIPS HDD-Management Ready $277.58 USA 3 Years

CE Secure Vault Hardware Encrypted Hard Disk Drives (Non-FIPS) - Management Ready

132-8

CMS

Products CE-DVLT-250 250GB Disk Vault HDD-Management Ready $239.29 USA 3 Years

132-8

CMS

Products CE-DVLT-500 500GB Disk Vault HDD-Management Ready $277.58 USA 3 Years

Backup and instant recovery products BounceBack Server Plus Backup and Instant Recovery Solutions

132-8

CMS

Products BBSRVRP-2TB

BounceBack-Server Dual Drive System 2TB BounceBack Server Plus RAID 1 W/2 1TB Hard Drives - USB3/eSATA $812.64 USA 3 Years

132-8

CMS

Products BBSRVRP-4TB

BounceBack-Server Dual Drive System 4TB BounceBack Server Plus RAID 1 W/2 2TB Hard Drives - USB3/eSATA $1,051.94 USA 3 Years BounceBack Server Drive Kit

132-8

CMS

Products BBSRVRPKIT-1TB

1TB BounceBack Server Kit With Removeable Hard Drive and Carrying Case $247.91 USA 3 Years

132-8

CMS

Products BBSRVRPKIT-2TB

2TB BounceBack Server Kit With Removeable Hard Drive and Carrying Case $334.06 USA 3 Years

ABS-Notebook Backup and Instant Recovery Solutions w/BounceBack Software and USB 3 Interface

132-8

CMS

Products BB3-500 500GB USB3 Automatic Backup System for Notebooks $203.88 USA 3 Years

132-8

CMS

Products BB3-1TB 1TB USB3 Automatic Backup System for Notebooks $357.03 USA 3 Years

SATA Data Transfer Kit

132-8

CMS

Products DTK-25S2 Notebook Data Transfer Kit $28.67 USA 3 Years

Central Management for Devices SafeConsole Central Management Support

132-8

CMS

Products CMS-SC-AMC-1 SafeConsole Perpetual License Support, 1 year $9.57 USA 1 Year

132-8

CMS

Products CMS-SC-AMC-2 SafeConsole Perpetual License Support, 3 Yearss $15.31 USA 3 Years

132-8

CMS

Products CMS-SC-UPD SafeConsole Perpetual License Support Reinstatement Fee $19.14 USA 3 Years

Antivirus for Devices SafeConsole Sophos Antivirus License All devices: Option to load Sophos Anti-Virus Scanner

132-8

CMS

Products CMS-SOPHOS-AV-R SafeConsole Sophos Antivirus Support 1 Year $14.36 USA 1 Year

DATALOCKER PRODUCTS

SIN MFR MFR Part Product Description GSA Price Country Warranty of Origin

Data Locker Enterprise* : PIN-protected 2.5in External USB Hard Disk Drive with 256-Bit AES Hardware Data Encryption

132-8 DataLo DL500E Data Locker Enterprise 500GB 256-bit AES Encrypted Hard Disk Drive $394.95 USA 1 Year

132-8 DataLo DL1000E Data Locker Enterprise 1TB 256-bit AES Encrypted Hard Disk Drive $473.94 USA 1 Year

132-8 DataLo DL128SSDP DataLocker Enterprise 128GB 256-bit AES Encrypted Solid State Drive $789.91 USA 1 Year Level 3

Accessories

132-8 DataLo DLC Data Locker Carrying Case $19.13 USA 90 Day 132-8 DataLo DLUSBC Data Locker Spare USB Cable $3.67 USA 90 Day

MXI PRODUCTS

SIN MFR MFR Part Product Description GSA Price Country Warranty of Origin

USB Encrypted Flash Drives provide secure portable storage. Each offers advanced digital identity features, digital certificates, encryption keys, to prevent unauthorized Data Leaks.

Stealth Key M700 Bio - Biometric, Identity Capabilities, Metal Case, Managed

132-8 MXI MXBB1A001G0001FIPS 1GB USB Biometric Encrypted Flash Drive $108.94 USA 1 Year 132-8 MXI MXBB1A002G0001FIPS 2GB USB BiometricEncrypted Flash Drive $123.76 USA 1 Year 132-8 MXI MXBB1A004G0001FIPS 4GB USB BiometricEncrypted Flash Drive $144.68 USA 1 Year 132-8 MXI MXBB1A008G0001FIPS 8GB USB BiometricEncrypted Flash Drive $177.07 USA 1 Year 132-8 MXI MXBB1A016G0001FIPS 16GB USB BiometricEncrypted Flash Drive $249.82 USA 1 Year 132-8 MXI MXBB1A032G0001FIPS 32GB USB BiometricEncrypted Flash Drive $359.40 USA 1 Year 132-8 MXI MXBB1A064G0001FIPS 64GB USB BiometricEncrypted Flash Drive $720.54 USA 1 Year

Stealth Key M200 - Black Plastic Case, Unmanaged 132-8 MXI MXAA0A001G0001FIPS 1GB USB Encrypted Flash Drive $43.94 USA 1 Year 132-8 MXI MXAA0A002G0001FIPS 2GB USB Encrypted Flash Drive $61.87 USA 1 Year 132-8 MXI MXAA0A004G0001FIPS 4GB USB Encrypted Flash Drive $88.78 USA 1 Year 132-8 MXI MXAA0A008G0001FIPS 8GB USB Encrypted Flash Drive $120.16 USA 1 Year 132-8 MXI MXAA0A016G0001FIPS 16GB USB Encrypted Flash Drive $194.06 USA 1 Year 132-8 MXI MXAA0A032G0001FIPS 32GB USB Encrypted Flash Drive $303.78 USA 1 Year 132-8 MXI MXAA0A064G0001FIPS 64GB USB Encrypted Flash Drive $677.38 USA 1 Year

Stealth Key M500 - Identity Capabilities, Black Plastic Case, Managed

132-8 MXI MXAB0A001G0001FIPS 1GB USB Encrypted Flash Drive $48.97 USA 1 Year 132-8 MXI MXAB0A002G0001FIPS 2GB USB Encrypted Flash Drive $67.10 USA 1 Year 132-8 MXI MXAB0A004G0001FIPS 4GB USB Encrypted Flash Drive $94.31 USA 1 Year 132-8 MXI MXAB0A008G0001FIPS 8GB USB Encrypted Flash Drive $126.05 USA 1 Year 132-8 MXI MXAB0A016G0001FIPS 16GB USB Encrypted Flash Drive $198.59 USA 1 Year 132-8 MXI MXAB0A032G0001FIPS 32GB USB Encrypted Flash Drive $308.31 USA 1 Year 132-8 MXI MXAB0A064G0001FIPS 64GB USB Encrypted Flash Drive $697.07 USA 1 Year

Stealth Key M550 - Identity Capabilities, Metal Case, Managed

132-8 MXI MXAB1A001G0001FIPS 1GB USB Encrypted Flash Drive $51.72 USA 1 Year 132-8 MXI MXAB1A002G0001FIPS 2GB USB Encrypted Flash Drive $69.25 USA 1 Year 132-8 MXI MXAB1A004G0001FIPS 4GB USB Encrypted Flash Drive $95.55 USA 1 Year 132-8 MXI MXAB1A008G0001FIPS 8GB USB Encrypted Flash Drive $126.23 USA 1 Year 132-8 MXI MXAB1A016G0001FIPS 16GB USB Encrypted Flash Drive $196.35 USA 1 Year 132-8 MXI MXAB1A032G0001FIPS 32GB USB Encrypted Flash Drive $302.42 USA 1 Year 132-8 MXI MXAB1A064G0001FIPS 64GB USB Encrypted Flash Drive $663.57 USA 1 Year

Stealth HD Bio - Identity Capabilities, Metal Case, Managed

132-8 MXI MXCA1B320G0001FIPS 320GB Biometric Encrypted Hard Drive $365.04 USA 1 Year 132-8 MXI MXCA1B500G0001FIPS 500GB Biometric Encrypted Hard Drive $462.50 USA 1 Year 132-8 MXI MXCA1B750G0001FIPSNT 750GB Biometric Encrypted Hard Drive $532.26 USA 1 Year

Stealth HD Non Bio - Identity Capabilities, Metal Case, Managed

132-8 MXI MXCB1B320G0001FIPS 320GB Encrypted Hard Drive $320.83 USA 1 Year 132-8 MXI MXCB1B500G0001FIPS 500GB Encrypted Hard Drive $409.21 USA 1 Year 132-8 MXI MXCB1B750G0001FIPSNT 750GB Encrypted Hard Drive $475.32 USA 1 Year

Extended Warranty - Product initially comes with a 1 Year warranty. Below is for 2nd Year and beyond.

Stealth Key M700 Bio Extended Warranty 1 Year Warranty

132-8 MXI MXBB1A001GEW1YR 1GB USB Encrypted Flash Drive Extended Warranty $19.72 USA 1 Year 132-8 MXI MXBB1A002GEW1YR 2GB USB Encrypted Flash Drive Extended Warranty $22.41 USA 1 Year 132-8 MXI MXBB1A004GEW1YR 4GB USB Encrypted Flash Drive Extended Warranty $26.19 USA 1 Year 132-8 MXI MXBB1A008GEW1YR 8GB USB Encrypted Flash Drive Extended Warranty $31.87 USA 1 Year 132-8 MXI MXBB1A016GEW1YR 16GB USB Encrypted Flash Drive Extended Warranty $44.97 USA 1 Year 132-8 MXI MXBB1A032GEW1YR 32GB USB Encrypted Flash Drive Extended Warranty $64.69 USA 1 Year 132-8 MXI MXBB1A064GEW1YR 64GB USB Encrypted Flash Drive Extended Warranty $129.70 USA 1 Year

Stealth Key M700 Bio Extended Warranty 2 Year Warranty

132-8 MXI MXBB1A001GEW2YR 1GB USB Encrypted Flash Drive Extended Warranty $37.54 USA 2 Year 132-8 MXI MXBB1A002GEW2YR 2GB USB Encrypted Flash Drive Extended Warranty $42.65 USA 2 Year 132-8 MXI MXBB1A004GEW2YR 4GB USB Encrypted Flash Drive Extended Warranty $49.86 USA 2 Year 132-8 MXI MXBB1A008GEW2YR 8GB USB Encrypted Flash Drive Extended Warranty $60.67 USA 2 Year 132-8 MXI MXBB1A016GEW2YR 16GB USB Encrypted Flash Drive Extended Warranty $85.59 USA 2 Year 132-8 MXI MXBB1A032GEW2YR 32GB USB Encrypted Flash Drive Extended Warranty $123.14 USA 2 Year 132-8 MXI MXBB1A064GEW2YR 64GB USB Encrypted Flash Drive Extended Warranty $258.89 USA 2 Year

Stealth Key M200 Extended Warranty 1 Year Warranty

132-8 MXI MXAA0A001GEW1YR 1GB USB Encrypted Flash Drive Extended Warranty $7.73 USA 1 Year 132-8 MXI MXAA0A002GEW1YR 2GB USB Encrypted Flash Drive Extended Warranty $10.89 USA 1 Year 132-8 MXI MXAA0A004GEW1YR 4GB USB Encrypted Flash Drive Extended Warranty $15.62 USA 1 Year 132-8 MXI MXAA0A008GEW1YR 8GB USB Encrypted Flash Drive Extended Warranty $21.14 USA 1 Year 132-8 MXI MXAA0A016GEW1YR 16GB USB Encrypted Flash Drive Extended Warranty $33.77 USA 1 Year 132-8 MXI MXAA0A032GEW1YR 32GB USB Encrypted Flash Drive Extended Warranty $52.86 USA 1 Year 132-8 MXI MXAA0A064GEW1YR 64GB USB Encrypted Flash Drive Extended Warranty $117.86 USA 1 Year

Stealth Key M200 Extended Warranty 2 Year Warranty

132-8 MXI MXAA0A001GEW2YR 1GB USB Encrypted Flash Drive Extended Warranty $14.72 USA 2 Year 132-8 MXI MXAA0A002GEW2YR 2GB USB Encrypted Flash Drive Extended Warranty $20.72 USA 2 Year 132-8 MXI MXAA0A004GEW2YR 4GB USB Encrypted Flash Drive Extended Warranty $29.73 USA 2 Year 132-8 MXI MXAA0A008GEW2YR 8GB USB Encrypted Flash Drive Extended Warranty $40.24 USA 2 Year 132-8 MXI MXAA0A016GEW2YR 16GB USB Encrypted Flash Drive Extended Warranty $64.27 USA 2 Year 132-8 MXI MXAA0A032GEW2YR 32GB USB Encrypted Flash Drive Extended Warranty $100.61 USA 2 Year

132-8 MXI MXAA0A064GEW2YR 64GB USB Encrypted Flash Drive Extended Warranty $227.35 USA 2 Year Stealth Key M500 Extended Warranty 1 Year Warranty

132-8 MXI MXAB0A001GEW1YR 1GB USB Encrypted Flash Drive Extended Warranty $8.52 USA 1 Year 132-8 MXI MXAB0A002GEW1YR 2GB USB Encrypted Flash Drive Extended Warranty $11.68 USA 1 Year 132-8 MXI MXAB0A004GEW1YR 4GB USB Encrypted Flash Drive Extended Warranty $16.41 USA 1 Year 132-8 MXI MXAB0A008GEW1YR 8GB USB Encrypted Flash Drive Extended Warranty $21.93 USA 1 Year 132-8 MXI MXAB0A016GEW1YR 16GB USB Encrypted Flash Drive Extended Warranty $34.55 USA 1 Year 132-8 MXI MXAB0A032GEW1YR 32GB USB Encrypted Flash Drive Extended Warranty $53.65 USA 1 Year 132-8 MXI MXAB0A064GEW1YR 64GB USB Encrypted Flash Drive Extended Warranty $118.65 USA 1 Year

Stealth Key M500 Extended Warranty 2 Year Warranty

132-8 MXI MXAB0A001GEW2YR 1GB USB Encrypted Flash Drive Extended Warranty $16.22 USA 2 Year…