IT-70 - At&T Corp. - GS35F0249J

GSA Schedule 70 GSA Contract GS-35F-0249J http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0100 Page i

AUTHORIZED INFORMATION TECHNOLOGY

SCHEDULE PRICE LIST

General Purpose Commercial Information Technology Equipment, Software and Services

Special Item No. 132-3 Leasing of Product Special Item No. 132-40 Cloud Computing Services Special Item No. 132-51 Information Technology Professional Services Special Item No. 132-52 Electronic Commerce Services

SPECIAL ITEM NUMBER 132-3 LEASING OF PRODUCT

FSC/PSC Class of W070 LEASE-RENT OF ADP EQ & SUPPLIES

FSC/PSC CLASS W058

Note: The ordering activity is responsible for the obligation of funds consistent with applicable law.

Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease.

SPECIAL ITEM NUMBER SIN 132-40 – CLOUD COMPUTING SERVICES

FPDS Code D305 IT and Telecom- Teleprocessing, Timeshare, and Cloud Computing

SPECIAL ITEM NUMBER SIN 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL

SERVICES

FPDS Code D301 IT Facility Operation and Maintenance FPDS Code D302 IT Systems Development Services FPDS Code D306 IT Systems Analysis Services FPDS Code D307 Automated Information Systems Design and

Integration Services FPDS Code D308 Programming Services FPDS Code D310 IT Backup and Security Services FPDS Code D311 IT Data Conversion Services FPDS Code D313 Computer Aided Design/Computer Aided

Manufacturing (CAD/CAM) Services FPDS Code D316 IT Network Management Services FPDS Code D317 Creation/Retrieval of IT Related Automated News

Services, Data Services, or Other Information Services FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified

Contract No. GS‐35F‐0249J MOD PO‐0100 Page ii

Note 1: Offerors and Agencies are advised that the Group 70 - Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 2: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product.

Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents.

SPECIAL ITEM NUMBER SIN 132-52 - ELECTRONIC COMMERCE (EC) SERVICES

FPDS Code D304 Internet Access Services FPDS Code D399 Other Data Transmission Services, Not Elsewhere

Classified- Except “Voice” and Pager Services Contact Information:

AT&T Corp.

3033 Chain Bridge Road Oakton, VA 22124

Randall Blandin (571)354-4095 http://www.att.com/gov

Contract Number: GS-35F-0249J Period Covered by Contract: February 22, 1999 through February 21, 2019

General Services Administration Federal Supply Service

Price List current through Modification #0102, Effective Dated July 19, 2016

Products and ordering information in this Authorized Information Technology Schedule Pricelist are also available on the GSA Advantage System (http://www.gsaadvantage.gov).

http://www.gsaadvantage.gov/

Contract No. GS‐35F‐0249J MOD PO‐0100 Page iii

Trademark Acknowledgments

Every effort has been made to identify trademark information in the accompanying text. However, this information may unintentionally have been omitted in referencing particular products. Product names that are not so noted may also be trademarks of their respective manufacturers.

Fastar is a registered trademark of AT&T.

PacketStar is a registered trademark of Lucent Technologies Inc.

OptiStar is a registered trademark of Lucent Technologies Inc.

Windows NT is a registered trademark of Microsoft

Contract No. GS‐35F‐0249J MOD PO‐0100 Page iv

Table of Contents

1.0 Customer Information

2.0 Terms and Conditions Applicable To Leasing Of General Purpose Commercial Information Technology

Products (Special Item Number 132-3)

3.0 Terms and Conditions Applicable To Cloud Computing Services (Special Item Number 132-40)

4.0 Terms and Conditions Applicable To Information Technology (IT) Professional Services (Special Item Number

132-51) And Electronic Commerce (EC) Services (Special Item Number 132-52)

5.0 Information Technology Service Descriptions AT&T Managed Internet Services (MIS)

6.0 AT&T Dedicated Hosting Services Managed Service

7.0 AT&T Business Internet Service Service Description

8.0 AT&T Digital Subscriber Line Internet Service

9.0 AT&T Professional Services Service Description

10.0 Managed (R)egistered e-Mail Service Description

11.0 AT&T Government Solutions Telepresence (ATS)

12.0 AT&T Government Solutions Cloud Based Services

13.0 AT&T Internet Protect (AIP) Service Description

14.0 AT&T Virtual Private Network (AVPN) Service with MRS Option

15.0 AT&T NetBond

16.0 AT&T Content Delivery Network Services

17.0 AT&T Network Aggregation Service

18.0 Agency Agreement

19.0 AT&T MIS Service Offer Price List

20.0 AT&T Dedicated Hosting – Managed Service GSA Price List

21.0 AT&T Business Internet Service Pricing

22.0 AT&T Digital Subscriber Line Price Plan

23.0 AT&T Professional Services (Labor Rates)

24.0 RPost (Registered eMail Pricing)

25.0 AT&T Telepresence Solutions (ATS) Pricing

26.0 AT&T Cloud-Based Services Pricing

27.0 AT&T Internet Protect (AIP) Service Pricing

28.0 AVPN Service with MRS Option Pricing

29.0 NetBond

30.0 AT&T Content Delivery Network Services Pricing

31.0 AT&T Network Aggregation Service Pricing

32.0 General Terms and Conditions

33.0 ADDITIONAL TERMS AND CONDITIONS FOR AT&T MANAGED INTERNET SERVICE

34.0 Additional Terms and Conditions – AT&T Dedicated Hosting Services – Managed Services

35.0 Additional Terms and Conditions for AT&T Business Internet Service

36.0 Additional Terms and Conditions for AT&T Internet Transport Services

37.0 Additional Terms and Conditions for AT&T VPN Tunneling Services

38.0 Additional Terms and Conditions Applicable to Dial Connectivity Used in Conjunction with AVTS

39.0 General Terms and Conditions for RPost

40.0 Additional Terms and Conditions Cloud Based Services

41.0 Additional Termns and Conditions Content Network Delivery

Contract No. GS‐35F‐0249J MOD PO‐0100 Page v

42.0 Additional Terms and Conditions AT&T Network Aggregation Service

43.0 Additional Terms and Conditions for AT&T Managed Internet Service

44.0 Additional Terms and Conditions – AT&T Dedicated Hosting Services – Managed Services

45.0 Additional Terms and Conditions for AT&T Business Internet Service

46.0 Additional Terms and Conditions for AT&T Internet Transport Services

47.0 Additional Terms and Conditions for AT&T VPN Tunneling Service

48.0 Terms and Conditions Applicable to Dial Connectivity Used in Conjunction with AVTS

49.0 General Terms and Conditions for RPost

50.0 Additional Terms and Conditions Cloud Based Services

51.0 Additional Terms and Conditions Content Network Delivery http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 6

1.0

Customer Information http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 7

CUSTOMER INFORMATION:

1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs)

SIN DESCRIPTION

132-3 Leasing of Product 132 51 Information Technology Professional Services - SUBJECT TO COOPERATIVE PURCHASING 132-52 Electronic Commerce Services

**Cooperative Purchasing (RC) and Disaster Recovery (STLOC) are available.

1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: (Government net price based on a unit of one) See Price List on page 184

1c. HOURLY RATES (Services only):

See Price List on page 210

2. MAXIMUM ORDER*:

SIN MAXIMUM ORDER

132-3 $500,000/per Order 132-51 $500,000/per Order 132-52 $500,000/per Order

NOTE TO ORDERING ACTIVITIES: *If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with

FAR 8.404.

3. MINIMUM ORDER: $100

4. GEOGRAPHIC COVERAGE: Domestic & Overseas

The geographic scope of this contract for network services is the 48 contiguous states and the District of Columbia. For Dedicated Hosting Services- Managed Service, International hosting options are available.

Orders for Dedicated Hosting Services - Managed Service must be placed domestically in the 48 contiguous states and the District of Columbia. Overseas activities are available for AT&T Managed Internet Service, DSL Services, and Business Internet Services. Professional Services offered under SIN 132-51 are available worldwide.

5. POINT(S) OF PRODUCTION: N/a

6. DISCOUNT FROM LIST PRICES: GSA Net Prices are shown on the attached GSA Pricelist. Negotiated discount has been applied and the IFF has been added.

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7. QUANTITY DISCOUNT(S): **SEE 132-52 – Netbond or SIN 132-52 –Netbond additional discounts are available for term commitment:

Term Discount Additional Discount 12 Months 3% 24 Months 6% 36 Months 10%

*Volume: Longer term (greater than three years) and higher revenue (greater than $1 million) an addition 1% to 5%

8. PROMPT PAYMENT TERMS: 0% Net 30 Days

9.a Government Purchase Cards must be accepted at or below the micro-purchase threshold.

9.b Government Purchase Cards are accepted above the micro-purchase threshold. Contact contractor for limit.

10. FOREIGN ITEMS: N/A

11a. TIME OF DELIVERY:

SIN Delivery 132-3 Negotiated at the task order level.

132-51 30 Days 132-52 45 Days*

*AT&T will have Managed Internet Services, Digital Subscriber Line (DSL)Services, Business Internet Services and Dedicated Hosting Services-Managed Service available 45 days after AT&T purchase and sales order approval, or as negotiated between the Ordering Office and the Contractor.

11b. EXPEDITED DELIVERY: Negotiated at the task order level.

11c. OVERNIGHT AND 2-DAY DELIVERY: Overnight and 2-day delivery are available. Contact the Contractor for rates.

11d. URGENT REQUIRMENTS: Agencies can contact the Contractor’s representative to affect a faster delivery.

Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery.

12. FOB POINT: Destination

13a.ORDERING ADDRESS:

SIN 132-3 (Leasing) http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 9

Ordering Address: Payment Information Contract Information AT&T Corp.

3033 Chain Bridge Rd.

Oakton VA 22124 Billing Inquires

AT&T Corp.

PO Box 9007 Carol Stream, IL 60197-9007 Billing Inquiries:(800) 328-2988, Prompt 2

Randall Blandin (571)354-4095 rb5624@att.com

SIN 132-51 (IT Professional Services)

Ordering Address:

AT&T Corp.

3033 Chain Bridge Rd.

Oakton VA 22124

AT&T Corp.

Oakton VA 22124

(571) 354-4602

Randall Blandin

SIN 132-52( Electronic Commerce (EC) Services)

-AT&T Managed Internet Services (MIS) -AT&T Digital Subscriber Line Internet Service (DSL) -AT&T Managed Security Services – Token Authentication Service -AT&T Managed (R)egistered e-Mail Service Description -AT&T Single-Site Local Area Network (LAN) IP Telephony Service -AT&T Custom Managed Virtual Private Network Service (CM-VPNS) -AT&T Telepresence Solutions (ATS) -AT&T Internet Protect (AIP) Service

Ordering Address: Payment Information Contract Information AT&T Corp.

PO BOX 9007

Carol Stream, IL 60197-9007 Billing Inquiries:(800) 328-2988, Prompt 2

Randall Blandin

SIN 132-52 (Electronic Commerce (EC) Services)

-AT&T Managed Internet Services (MIS) / Access Charges -AT&T Dedicated Hosting Services Managed Service -AT&T Digital Subscriber Line Interenet Service (DSL) -AT&T Cloud Based Services

Ordering Address: Payment Information Contract Information AT&T Corp.

PO BOX 105068

Atlanta, GA 30348-5068 (800)235-7524

Randall Blandin

SIN 132-52 (Electronic Commerce (EC) Services) mailto:rb5624@att.com mailto:rb5624@att.com mailto:rb5624@att.com

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 10

-AT&T Business Internet Service (BIS)

Ordering Address: Payment Information Contract Information AT&T Corp.

PO BOX 9007

Carol Stream, IL 60197-9007 Billing Inquiries:(800) 328-2988, Prompt 2

Randall Blandin

13b. ORDERING PROCEDURES: Ordering activities shall use the ordering procedures described in Federal

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

14. PAYMENT ADDRESS: Same as contractor or insert address if different

15. WARRANTY PROVISION: Warranty of Merchantability

16. EXPORT PACKING CHARGES: N/a

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: See 9a and 9b

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE): N/a

19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/a

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

DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/a

20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/a

21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/a

22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/a

23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/a

24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/a

24b. Section 508 Compliance for Electronic and Information Technology (EIT): If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following: Section 508 does not apply to AT&T Managed Internet Service, DSL Services, and Dedicated Hosting Services-Managed Service as these services and products http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 11 are located in spaces frequented only by service personnel for the maintenance, repair, or occasional monitoring of equipment.

For AT&T Business Internet Service and Token Authentication the following paragraph applies:

EIT delivered under this contract and listed below shall be capable, at the time of its delivery, when used in accordance with the contractor’s associated documents, and other written information provided to the government, of providing comparable access to individuals with disabilities consistent with the provisions of the Architectural and Transportation Barriers Compliance Board set out in 36 C.F.R. Part 1194 applicable to this contract at the time of award, provided that any assistive technologies used with the listed EIT properly interoperates with it and other assistive technologies. The EIT standard can be found at:

www.Section508.gov/.

25. DUNS NUMBER: 621599893 and Cage Code 0LUL1

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

DATABASE: Contractor has an Active Registration in the SAM database.

Taxes, Fees, and Surcharges The prices in this price list are in U.S. dollars and are exclusive of federal, state, and local taxes, which AT&T will assess as a separate line item(s) on the bill. In addition, AT&T may assess, as a separate line item(s) on the bill, charges to recover AT&T's expenses associated with Universal Service Fund charges, Primary Interexchange Carrier Charges and other taxes and charges that may be assessed, or changed from time to time, by the federal government or by state or local governments.

http://www.section508.gov/ http://www.section508.gov/ http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 12

2.0

Terms and Conditions Applicable To

Leasing Of General Purpose Commercial

Information Technology Products

(Special Item Number 132-3) http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 13

Terms and Conditions Applicable to Leasing of General Purpose Commercial Information Technology Product (Special Item Number132-3)

LEASE TYPES

The ordering activity will consider proposals for the following lease types:

a. Lease to Ownership, b. Lease with Option to Own, and c. Step Lease.

Orders for leased products must specify the leasing type.

OPTION 1:

1. STATEMENT

a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a lease arrangement.

Unless the ordering activity intends to obligate other than annual appropriations to fund the lease, the base period of the lease is from the date of the product acceptance through September 30 of the fiscal year in which the order is placed.

b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 Product Lease or Purchase and OMB Circular A-11. Agencies are responsible for the obligation of funding consistent with all applicable legal principles when entering into any lease arrangement.

2. FUNDING AND PERIODS OF LEASING ARRANGEMENTS

a. Annual Funding. When annually appropriated funds are cited on an order for leasing, the following applies:

http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 14

(1) The base period of an order for any lease executed by the ordering activity shall be for the duration of the fiscal year. All ordering activity renewal options under the lease shall be specified in the delivery order. All orders for leasing shall remain in effect through September 30 of the fiscal year or the planned expiration date of the lease, whichever is earlier, unless the ordering activity exercises its rights hereunder to acquire title to the product prior to the planned expiration date or unless the ordering activity exercise its right to terminate under FAR 52.212-4. Orders under the lease shall not be deemed to obligate succeeding fiscal year’s funds or to otherwise commit the ordering activity to a renewal.

(2) All orders for leasing shall automatically terminate on September 30, unless the ordering activity notifies the Contractor in writing thirty (30) calendar days prior to the expiration of such orders of the ordering activity’s intent to renew. Such notice to renew shall not bind the ordering activity. The ordering activity has the option to renew each year at the original rate in effect at the time the order is placed. This rate applies for the duration of the order. If the ordering activity exercises its option to renew, the renewal order, shall be issued within 15 days after funds become available for obligation by the ordering activity, or as specified in the initial order. No termination fees shall apply if the ordering activity does not exercise an option.

b. Crossing Fiscal Years Within Contract Period. Where an ordering activity has specific authority to cross fiscal years with annual appropriations, the ordering activity may place an order under this option to lease product for a period up to the expiration of its period of appropriation availability, or twelve months, whichever occurs later, notwithstanding the intervening fiscal years.

3. DISCONTINUANCE AND TERMINATION

Notwithstanding any other provision relating to this SIN, the ordering activity may terminate products leased under this agreement, at any time during a fiscal year in accordance with the termination provisions contained in FAR 52.212-4. (l) Termination for the ordering activity’s convenience, or (m) Termination for cause. Additionally, no termination for cost or fees shall be charged for non-renewal of an option.

OPTION 2

To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower discounts/prices based on the ordering activity’s stated intent to fulfill the projected term of a lease including option years, while at the same time including separate charges for early end of the lease, the following terms apply. These terms address the timing and extent of the ordering activity’s financial obligation including any potential charges for early end of the lease.

1. LEASING PRICE LIST NOTICE:

Contractors must include the following notice in their contract price list for SIN 132-3:

http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 15

“The ordering activity is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease.”

2. STATEMENT OF ORDERING ACTIVITY INTENT:

(a) The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order (the “Lease Term”). In that regard, the ordering Activity, as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering Activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a delivery order which shall, either through a statement of work or other attachment, specify the product being leased, and the required terms of the transaction.

(b) Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated. Contractor may request information from the ordering activity concerning the essential use of the products.

3. LEASE TERM:

(a) The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur, the products must operate in accordance with the product’s published specifications and statement of work.

Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the ordering activity and the Contractor.

(b) Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order, which is typically 12 months, or for the remainder of the fiscal year. Pursuant to FAR 32.703-3(b), delivery orders with options to renew that are funded by annual (fiscal year) appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement (DFAR) 232.703-3(b) in determining whether to use cross fiscal year funding. This cross fiscal year authority does not apply to multi-year leases.

(c) The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders, whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year (unless extended by statute), through any earlier expiration date specified in the delivery order, or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date. The ordering activity, at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds. The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis.

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 16

(d) Where an ordering activity’s specific appropriation or procurement authority provides for contracting beyond the fiscal year period, the ordering activity may place a delivery order for a period up to the expiration of the Lease Term, or to the expiration of the period of availability of the multi-year appropriation, or whatever is appropriate under the applicable circumstance.

4. LEASE TERMINATION:

(a) The ordering activity must elect the Lease Term of the relevant delivery order. The Contractor (and assignee, if any) will rely on the ordering activity’s representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein.

(i) The ordering activity may terminate or not renew leases under this option at no cost, pursuant to a Termination for Non- Appropriation as defined herein (see paragraph (c) below). In any other event, the ordering activity’s contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs (l) and (m).

(ii) The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease (see paragraph (d) below). In the event of termination for the convenience of the ordering activity, the ordering activity may be liable only up to the amount beyond the order’s Termination Ceiling. Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement.

(b) Termination for Convenience of the Ordering Activity: Leases entered into under this option may not be terminated except by the ordering activity’s contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (l), Termination for Convenience of the ordering activity. The costs charged to the ordering activity as the result of any Termination for Convenience of the ordering activity must be reasonable and may not exceed the sum of the fiscal year’s payment obligations less payments made to date of termination plus the Termination Ceiling

(c) Termination for Non-Appropriation: The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term. Nevertheless, the ordering activity’s contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if (a) it no longer has a bona fide need for the product or functionally similar product; or (b) there is a continuing need, but adequate funds have not been made available to the ordering activity in an amount sufficient to continue to make the lease payments. If this occurs, the ordering activity will promptly notify the Contractor, and the product lease will be terminated at the end of the last fiscal year for which funds were appropriated.

Substantiation to support a termination for non-appropriation shall be provided to the Contractor upon request.

(d) Termination Charges: At the initiation of the lease, termination ceilings will be established for each year of the lease term. The termination ceiling is a limit on the amount that a Contractor may be paid by the ordering activity on the Termination for Convenience of a lease. No claim will be accepted for future costs: supplies, maintenance, usage charges or interest expense beyond the date of termination. In accordance with the bona fide needs rule, all termination charges must reasonably represent the value the http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 17 ordering activity received for the work performed based upon the shorter lease term. No Termination for Convenience costs will be associated with the expiration of the lease term.

(e) At the order level, the ordering activity may, consistent with legal principles, negotiate lower monthly payments or rates based upon appropriate changes to the termination conditions in this section.

LEASE PROVISIONS COMMON TO ALL TYPES OF LEASE AGREEMENTS

1. ORDERING PROCEDURES:

(a) When an ordering activity expresses an interest in leasing a product(s), the ordering activity will provide the following information to the prospective Contractor:

(i) Which product(s) is (are) required, including applicable Energy Star or Electronic Product Environmental Assessment Tool (EPEAT) requirements. (ii) The required delivery date. (iii) The proposed lease plan and term of the lease. (iv) Where the product will be located. (v) Description of the intended use of the product. (vi) Source and type of appropriations to be used.

(b) The Contractor will respond with:

(i) Whether the Contractor can provide the required product. (ii) The estimated residual value of the product (Lease with Option to Own and Step Lease only). (iii) The monthly payment based on the rate. (iv) The estimated cost, if any, of applicable State or local taxes. State and local personal property taxes are to be estimated as separate line items in accordance with FAR 52.229-1, which may be identified and added to the monthly lease payment. (v) A confirmation of the availability of the product on the required delivery date. (vi) Extent of warranty coverage, if any, of the leased products. (vii) The length of time the quote is valid.

(c) The ordering activity may issue a delivery order to the Contractor based on the information set forth in the Contractor’s quote. In the event that the ordering activity does not issued a delivery order within the validity period stated in the Contractor’s quote letter, the quote shall expire.

2. ASSIGNMENT OF CLAIMS:

GSAR 552.232-23, Assignment of Claims, is incorporated herein by reference as part of these lease provisions. The ordering activity’s contracting officer will acknowledge the assignment of claim for a http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 18 lease in accordance with FAR 32.804-5. The extent of the assignee’s protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with FAR 32.803.

3. PEACEFUL POSSESSION AND UNRESTRICTED USE:

In recognition of the types of products available for lease and the potential adverse impact to the ordering activity’s mission, the ordering activity’s quiet and peaceful possession and unrestricted use of the product shall not be disturbed in the event the product is sold by the Contractor, or in the event of bankruptcy of the Contractor, corporate dissolution of the Contractor, or other event. The product shall remain in the possession of the ordering activity until the expiration of the lease. Any assignment, sale, bankruptcy, or other transfer of the leased product by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the ordering activity’s duties or increase the burdens or risks imposed on the ordering activity.

4. COMMENCEMENT OF LEASE:

The date on which the ordering activity accepts the products is the Commencement Date of the lease. Acceptance is as defined elsewhere in the contract, or as further specified in the order.

5. INSTALLATION AND MAINTENANCE:

a. Installation and Maintenance, when applicable, normally are not included in the charge for leasing. The Contractor may require the ordering activity to obtain installation and maintenance services from a qualified source. The ordering activity may obtain installation and/or maintenance on the open market, from the Contractor’s schedule contract, or from other sources. The ordering activity may also perform installation and/or maintenance in house, if qualified resources exist. In any event, it is the responsibility of the ordering activity to ensure that maintenance is in effect for the Lease term for all products leased.

b. When installation and/or maintenance are ordered under this schedule to be performed by the Contractor, the payments, terms and conditions as stated in this contract apply. The rates and terms and conditions in effect at the time the order is issued shall apply during any subsequent renewal period of the lease. The maintenance rates and terms and conditions may be added to the lease payments with mutual agreement of the parties.

6. MONTHLY PAYMENTS:

a. Prior to the placement of an order under this Special Item Number, the ordering activity and the Contractor must agree on a “base value” for the products to be leased. For Lease to Ownership (Capital Lease) the base value will be the contract purchase price (less any discounts). For Lease with Option to Own (Operating Lease), the base value will be the contract purchase price (less any discounts), less a mutually agreed upon residual value (pre-stated purchase option price at the conclusion of the lease) for the products. The residual value will be used in the calculation of the original lease payment, lease extension payments, and the purchase option price.

b. To determine the initial lease term payment, the Contractor agrees to apply the negotiated lease factor to the agreed upon base value: ______________________________________ http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 19

For Example: Lease factor one (1) percent over the rate for the three year (or other term) Treasury Bill (T-bill) at the most current U. S. Treasury auction.

The lease payment may be calculated by using a programmed business calculator or by using “rate” functions provided in commercial computer spreadsheets (e.g., Lotus 1-2-3, Excel).

c. For any lease extension, the extension lease payment will be based on the original residual value, in lieu of the purchase price. The ordering activity and the Contractor shall agree on a new residual value based on the estimated fair market price at the end of the extension. The formula to determine the lease payment will be that in 6.b. above.

d. The purchase option price will be the fair market value of the product or payment will be based upon the unamortized principle, as shown on the payment schedule as of the last payment prior to date of transfer of ownership, whichever is less.

NOTE: At the order level, ordering activity may elect to obtain a lower rate for the lease by setting the purchase option price as either, the fair market value of the product or unamortized principle. The methodology for determining lump sum payments may be identified in the pricelist.

e. The point in time when monthly rates are established is subject to negotiation and evaluation at the order level.

In the event the ordering activity desires, at any time, to acquire title to product leased hereunder, the ordering activity may make a one-time lump sum payment.

7. LEASE END/DISCONTINUANCE OPTIONS:

a. Upon the expiration of the Lease Term, Termination for Convenience, or Termination for Non-Appropriation, the ordering activity will return the Product to the Contractor unless the ordering activity by 30 days written notice elects either:

(i) to purchase the product for the residual value of the product, or

(ii) to extend the term of the Lease, as mutually agreed. To compute the lease payment, the residual value from the preceding lease shall be the initial value of the leased product. A new residual value shall be negotiated for the extended lease and new lease payments shall be computed.

b. Relocation - The ordering activity may relocate products to another location within the ordering activity with prior written notice. No other transfer, including sublease, is permitted. ordering activity shall not assign, transfer or otherwise dispose of any products, or any interest therein, or crate or suffer any levy, lien or encumbrance then except those created for the benefit of Contractor or it's assigns.

c. Returns:

(i) Within fourteen (14) days after the date of expiration, non-renewal or termination of a lease, the ordering activity shall, at its own risk and expense, have the products packed for shipment in accordance with manufacturer's specifications and return the products to Contractor at the location specified by Contractor in the continental US, in the same condition as when delivered, ordinary wear and tear excepted. Any expenses necessary to return the products to good working order shall be at ordering activity's expense.

(ii) The Contractor shall conduct a timely inspection of the returned products and within 45 days of the return, assert a claim if the condition of the product exceeds normal wear and tear.

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Contract No. GS‐35F‐0249J MOD PO‐0102 Page 20

(iii) Product will be returned in accordance with the terms of the contract and in accordance with Contractor instruction.

(iv) With respect to software, the ordering activity shall state in writing to the Contractor that it has:

(1) deleted or disabled all files and copies of the software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software.

8. UPGRADES AND ADDITIONS:

a. The ordering activity may affix or install any accessory, addition, upgrade, product or device on the product ("additions") provided that such additions:

(1) can be removed without causing material damage to the product;

(2) do not reduce the value of the product; and

(3) are obtained from or approved by the Contractor, and are not subject to the interest of any third party other than the Contractor.

b. Any other additions may not be installed without the Contractor's prior written consent. At the end of the lease term, the ordering activity shall remove any additions which:

(1) were not leased from the Contractor, and

(2) are readily removable without causing material damage or impairment of the intended function, use, or value of the product, and restore the product to its original configuration.

c. Any additions that are not so removable will become the Contractor's property (lien free).

d. Leases of additions and upgrades must be co-terminus with that of the product.

9. RISK OF LOSS OR DAMAGE:

The ordering activity is relieved from all risk of loss or damage to the product during periods of transportation, installation, and during the entire time the product is in possession of the ordering activity, except when loss or damage is due to the fault or negligence of the ordering activity. The ordering activity shall assume risk of loss or damage to the product during relocation, (i.e., moving the product from one ordering activity location to another ordering activity location), unless the Contractor shall undertake such relocation.

10. TITLE:

During the lease term, product shall always remain the property of the Contractor. The ordering activity shall have no property right or interest in the product except as provided in this leasing agreement and shall hold the product subject and subordinate to the rights of the Contractor. Software and software licenses shall be deemed personal property. The ordering activity shall have no right or interest in the software and related documentation except as provided in the license and the lease. Upon the Commencement Date of http://www.att.com/gov

Contract No. GS‐35F‐0249J MOD PO‐0102 Page 21 the Lease Term, the ordering activity shall have an encumbered license to use the software for the Lease Term. The ordering activity’s encumbered license rights in the software will be subject to the same rights as provided to a purchaser of a license under the terms of this contract except that the ordering activity will not have an unencumbered, paid-up license until it has made all lease payments for the full Lease Term in the case of an Lease To Ownership or has otherwise paid the applicable purchase option price.

11. TAXES:

The lease payments, purchase option prices, and interest rates identified herein exclude all state and local taxes levied on or measured by the contract or sales price of the product furnished hereunder. The ordering activity will be invoiced for any such taxes as Contractor receives such tax notices or assessments from the applicable local taxing authority. Pursuant to the provisions of FAR 52.229-1 (Deviation – May 2003), State and Local Taxes, the ordering activity agrees to pay tax or provide evidence necessary to support an exemption from the tax.

12. OPTION TO PURCHASE EQUIPMENT (FEB 1995) (FAR 52.207-5)

(a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.

(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause.

(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.

(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be “continuous rental.”

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Contract No. GS‐35F‐0249J MOD PO‐0102 Page 22

3.0

Terms and Conditions Applicable

To Cloud Computing Services

(Special Item Number 132-40) http://www.att.com/gov

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TERMS AND CONDITIONS APPLICABLE TO CLOUD COMPUTING SERVICES (SPECIAL ITEM NUMBER

132-40)

1. SCOPE

The prices, terms and conditions stated under Special Item Number (SIN) 132-40 Cloud Computing Services apply exclusively to Cloud Computing Services within the scope of this Information Technology Schedule.

This SIN provides ordering activities with access to technical services that run in cloud environments and meet the NIST Definition of Cloud Computing Essential Characteristics. Services relating to or impinging on cloud that do not meet all NIST essential characteristics should be listed in other SINs.

The scope of this SIN is limited to cloud capabilities provided entirely as a service. Hardware, software and other artifacts supporting the physical construction of a private or other cloud are out of scope for this SIN.

Currently, an Ordering Activity can procure the hardware and software needed to build on premise cloud functionality, through combining different services on other IT Schedule 70 SINs (e.g. 132-51).

Sub-categories in scope for this SIN are the three NIST Service Models: Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Offerors may optionally select a single sub-category that best fits a proposed cloud service offering. Only one sub-category may be selected per each proposed cloud service offering. Offerors may elect to submit multiple cloud service offerings, each with its own single sub-category. The selection of one of three sub-categories does not prevent Offerors from competing for orders under the other two sub-categories.

See service model guidance for advice on sub-category selection.

Sub-category selection within this SIN is optional for any individual cloud service offering, and new cloud computing technologies that do not align with the aforementioned three sub-categories may be included without a sub-category selection so long as they comply with the essential characteristics of cloud computing as outlined by NIST.

See Table 1 for a representation of the scope and sub-categories.

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Table 1: Cloud Computing Services SIN

SIN Description Sub-Categories1

● Commercially available cloud computing services

● Meets the National Institute for Standards and Technology (NIST) definition of Cloud Computing essential characteristics

● Open to all deployment models (private, public, community or hybrid), vendors specify deployment models

1. Software as a Service (SaaS): Consumer uses provider’s applications on cloud infrastructure. Does not manage/control platform or infrastructure.

Limited application level configuration may be available.

2. Platform as a Service (PaaS): Consumer deploys applications onto cloud platform service using provider-supplied tools. Has control over deployed applications and some limited platform configuration but does not manage the platform or infrastructure.

3. Infrastructure as a Service (IaaS): Consumer provisions computing resources. Has control over OS, storage, platform, deployed applications and some limited infrastructure configuration, but does not manage the infrastructure.

2. DESCRIPTION OF CLOUD COMPUTING SERVICES AND PRICING

a. Service Description Requirements for Listing Contractors The description requirements below are in addition to the overall Schedule 70 evaluation criteria described in SCP-FSS-001, SCP-FSS-004 and other relevant publications.

Refer to overall Schedule 70 requirements for timelines related to description and other schedule updates, including but not limited to clauses 552.238-81 – section E and clause I-FSS-600.

Table 2 summarizes the additional Contractor-provided description requirements for services proposed under the Cloud Computing Services SIN. All mandatory description requirements must be complete, and adequate according to evaluation criteria.

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In addition there is one “Optional” reporting descriptions which exists to provide convenient service selection by relevant criteria. Where provided, optional description requirements must be complete and adequate according to evaluation criteria:

• The NIST Service Model provides sub-categories for the Cloud SIN and is strongly encouraged, but not required. The Service Model based sub-categories provide this SIN with a structure to assist ordering activities in locating and comparing services of interest. Contractors may optionally select the single service model most closely corresponding to the specific service offering.

• If a sub-category is selected it will be evaluated with respect to the NIST Service Model definitions and guidelines in “Guidance for Contractors".

Table 2: Cloud Service Description Requirements

# Description Requirement Reporting Type Instructions

1 Provide a brief written description of how the proposed cloud computing services satisfies each individual essential NIST Characteristic

Mandatory The cloud service must be capable of satisfying each of the five NIST essential Characteristics as outlined in NIST Special Publication 800-145. See ‘GUIDANCE FOR

CONTRACTORS: NIST

Essential Characteristics’ below in this document for detailed overall direction, as well as guidance on inheriting essential characteristics.

2 Select NIST deployment models for the cloud computing service proposed.

Mandatory Contractors must select at least one NIST deployment model as outlined in NIST Special Publication 800- 145 describing how the proposed cloud computing service is deployed. Select multiple deployment models if the service is offered in more than one deployment model.

See ‘GUIDANCE FOR CONTRACTORS: NIST Deployment Model’ below in this document for detailed direction on how to best categorize a service for the NIST deployment models.

3 Optionally select the most appropriate NIST service model that will be the designated sub- category, or may select

Optional Contractor may select a single NIST Service model to sub-categorize the service as outlined in NIST Special Publication 800-145. Sub-category selection is optional but recommended. See ‘GUIDANCE FOR CONTRACTORS:

NIST Service Model’ below in

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# Description Requirement Reporting Type Instructions no sub-category. this document for detailed direction on how to best categorize a service for the NIST IaaS, PaaS, and SaaS service models.

b. Pricing of Cloud Computing Services All current pricing requirements for Schedule 70, including provision SCP-FSS-001 (Section III Price Proposal), SCP-FSS-004 (Section III Price Proposal), and clause I-FSS-600 Contract Price Lists, apply. At the current time there is no provision for reducing or eliminating standard price list posting requirements to accommodate rapid cloud price fluctuations.

In addition to standard pricing requirements, all pricing models must have the core capability to meet the NIST Essential Cloud Characteristics, particularly with respect to on-demand self-service, while allowing alternate variations at the task order level at agency discretion, pursuant to the guidance on NIST Essential Characteristics.

3. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character.

a. Acceptance Testing Any required Acceptance Test Plans and Procedures shall be negotiated by the Ordering Activity at task order level. The Contractor shall perform acceptance testing of the systems for Ordering Activity approval in accordance with the approved test procedures.

b. Training If training is provided commercially the Contractor shall provide normal commercial installation, operation,…