MAS - Applied Information Sciences Inc. - GS35F0279P

Authorized Federal Supply Service

Information Technology Schedule Pricelist

Contract Number: <GS-35F-0279P>

Period Covered By Contract: <05/14/2019 to 02/11/2024>

General Purpose Commercial Information Technology

Equipment, Software and Services

Information Technology (IT) Professional Services (SIN 54151S) Term Software Licenses (SIN 511210)

Maintenance of Software (SIN 54151) Order Level Materials (OLM)

Applied Information Sciences, Incorporated 11400 Commerce Park Drive Suite 600 Reston, VA 20191 Phone: (703) 860-7832 Fax: (703) 860-7820 Email: chelsea.cerwinski@ais.com Website: www.ais.com

Federal Supply Service

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: 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 3: 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.

Pricelist current through Modification No. PO-0017 (05/2014), contract renewal Modification No. PO-0023 (05/2019) and Refresh #54 (05/2019), February 11, 2024 Contents 4SECTION 1. Information for Ordering Offices

14SECTION 2. Terms and Conditions

28SECTION 3. AIS Overview

32SECTION 4. AIS Service Descriptions (SIN 132-51)

45SECTION 5. AIS Labor Categories

68SECTION 6. AIS Labor Rates - GSA Services Rate Schedules

70SECTION 7. AIS Product Descriptions / Prices

84APPENDIX A. Blanket Purchase Agreement Template

SECTION 1. Information for Ordering Offices SPECIAL NOTICE TO AGENCIES: Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals.

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service (http://www.fss.gsa.gov/). The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page (http://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 Applied Information Sciences, Inc. (AIS) will provide the identified products and services for the 48 contiguous states, the District of Columbia, Alaska, Puerto Rico and Hawaii under this contract. Specific requirements will be mutually determined between the ordering agency and AIS.

2. Contractor's Ordering Address and Payment Information

a. Ordering Information: Contractors are 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.

(1) Facsimile Transmissions: For orders by facsimile transmission, use the following telephone number:

FAX Number: (703) 860-7820

Attention: Chelsea Cerwinski

(2) Mail: For mailed orders, use the following address information:

Name:

Chelsea Cerwinski Address:

Applied Information Sciences, Inc.

11440 Commerce Park Drive

Suite 600

Reston, VA 20191

b. Services/Products Assistance: For any questions regarding the services or products offered under this contract, please contact:

Name:

Chelsea Cerwinski

Director of Contracts Address:

Applied Information Sciences, Inc.

11440 Commerce Park Drive, Suite 600

Reston, VA 20191 Telephone: (703) 860-7832

(703) 860-7820 (fax)

E-mail:

Chelsea.cerwinski@ais.com

c. Ordering/Contract Assistance: For assistance with placing an order under this contract, please contact:

Name:

Chelsea Cerwinski

Director of Contracts Address:

(703) 860-7820 (fax)

E-mail:

Chelsea.cerwinski@ais.com

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: 10-191-0222 Block 30: Type of Contractor – Other than small business Block 31: Woman-Owned Small Business - No Block 36: Contractor's Taxpayer Identification Number (TIN): 52 - 1237004

a. CAGE Code: 9V542

b. Contractor has registered with the System for Award Management (SAM) database.

5. FOB Destination Not applicable.

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)

511210 30 Days

54151 30 Days

54151S *See Note

OLM

*See Note

NOTE: AIS will deliver services in accordance with a specified schedule mutually agreed upon between the ordering agency and AIS. The agreed upon delivery time will not exceed AIS normal commercial practices.

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.

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)

511210

54151 *See Note

54151S *See Note

OLM

NOTE: AIS will expedite the delivery of products or services in accordance with a specified schedule mutually agreed upon between the ordering agency and AIS.

7. Discounts

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

a. Prompt Payment: No Discount

b. Quantity: No Discount

c. Dollar Volume: AIS offers a dollar volume discount for delivery orders in excess of $500,000 for all SINs.

d. Government Educational Institutions: No Discount

e. Other: No Discount

8. Trade Agreements Act of 1979, as Amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. Statement Concerning Availability of Export Packing

Not applicable.

10. Small Requirements The minimum dollar value of orders to be issued is $2,500.

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

a. The Maximum Order value for Special Item Number (SIN) 511210 Term Software Licenses is $1,000,000.

b. The Maximum Order value for Special Item Number (SIN) 54151S Information Technology (IT) Professional Services is $500,000.

NOTE: Maximum Orders do not apply to Special Item Number (SIN) 54151 Maintenance of Software.

12. Use of Federal Supply Service Information Technology Schedule Contracts In accordance with FAR 8.404:

NOTE: Special ordering procedures have been established for Special Item Number (SIN) 132-51 IT Professional Services; refer to the terms and conditions in Section 2.

Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under Federal Supply Schedules, ordering offices need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5. GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering office has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs.

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

b. Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold: Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering offices should consider reasonably available information about the supply or service offered under MAS contracts by using the GSA Advantage! on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the agency's needs. In selecting the supply or service representing the best value, the ordering office may consider—

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

(2) Trade-in considerations;

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

(4) Warranty considerations;

(5) Maintenance availability;

(6) Past performance; and

(7) Environmental and energy efficiency considerations.

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

Review additional Schedule Contractors

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

(2) Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and

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

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

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

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

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

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

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

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

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

13. Federal Information Technology/Telecommunication Standards Requirements Federal departments and agencies acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering offices, shall be responded to promptly by the Contractor.

a. 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.

b. Federal Telecommunication Standards (FED-STDS):

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833.

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

15. Contract Administration for Ordering Offices Any ordering office, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the Government's convenience, and (m) Termination for Cause (See C.1.)

16. GSA Advantage!

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

a. Manufacturer

b. Manufacturer's Part Number

c. 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, non-contract 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-a.

All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

b.

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

c.

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

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

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, the District of Columbia, Alaska, Puerto Rico and Hawaii, except as indicated below:

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 the applicable schedule contract.

Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up accounts with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool.

21. Contractor Team Arrangements

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor's Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

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

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

23. Section 508 Compliance

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following location: http://www.appliedis.com/.

The EIT standard can be found at: http://www.section508.gov/

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.

SECTION 2. Terms and Conditions A. Perpetual Software Licenses and Maintenance of General Purpose Commercial Information Technology Software (SPECIAL ITEM NUMBERS 511210, 54151S, 54151) A-1. Inspection/Acceptance The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any software that has been tendered for acceptance. The Government may require repair or replacement of nonconforming software at no increase in contract price. The Government 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.

A-2. Guarantee/Warranty

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

(1) Definitions.

(i) "Hardware" - the computer processing unit (CPU) listed in the Schedule Pricelist or Purchase Order applicable to the relevant copy of the Program.

(ii) "Operating System Software" - the operating system software listed in the Schedule Pricelist applicable to the relevant copy of the Program. (iii) "Program" - a machine executable copy of the object code of the Contractor's software product(s) listed in the Schedule Pricelist, together with all data files included by the Contractor with the copy of such software product provided to the Government. (iv) "Use" - to load, execute, employ, utilize, store or display the Program.

(2) The Contractor warrants that it has the right to license the Program to the Government and that each production version of the Program licensed to the Government, as updated and when properly Used, will operate substantially in conformity with the Contractor's published specifications for such version for a period of one (1) year from the date of shipment of the Program of such version to the Government. The Contractor warrants the media on which the Program is delivered to be free of defects in material and workmanship for a period of ninety (90) calendar days following the date of shipment.

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.

Except as expressly provided in section 2.a, no additional express or implied warranty is made with respect to the program or goods or services to be supplied by the Contractor or its subsidiaries, including without limitation any implied warranty or merchantability or fitness for a particular purpose. Neither the Contractor nor any of its subsidiaries warrants the results of any program or services or that all errors in the program will be corrected, or that the functionality contained in the program will meet customer's requirements.

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

The total liability, if any, of the Contractor and its subsidiaries, including but not limited to liability arising out of contract, tort, breach of warranty, infringement or otherwise shall not in any event exceed the license fees paid by the Government. Neither party shall be liable for loss of profits, inaccuracy of data, or indirect, special, incidental or consequential damages, even if such party has been advised of the possibility of such damages. This section (2.c) shall survive termination of this agreement.

A-3. Technical Services The Contractor, without additional charge to the Government, shall provide a hot line technical support number (703-860-7080) for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9 AM to 5 PM Eastern Standard Time (EST), Monday through Friday, on normal business days.

Technical support is also available via email (support@uniaccess.com) and FAX (703-860-7820). Request for support will be responded to by the end of the next business day.

A-4. Software Maintenance

a. Software maintenance service shall include the following:

Software maintenance can be purchased annually. Software maintenance enables a customer to contact UniAccess Technical Support via telephone, FAX, or email for assistance in resolving a problem with any of the UniAccess™ products. Requests for support will be responded to by the end of the next business day.

Software maintenance also includes all patches, bug fixes and software upgrades to the UniAccess™ products for which maintenance was purchased. Patches, bug fixes and software upgrades for the UniAccess™ ODBC Driver are available for download at http://www.uniaccess.com. Patches, bug fixes and software upgrades for the mainframe based software are distributed on Solar installable release tapes.

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.

A-5. Periods of Maintenance (132-34)

a. The Contractor shall honor orders for periods for the duration of the contract period or a lesser period of time.

b. Maintenance may be discontinued by the Government on thirty (30) calendar days written notice to the Contractor.

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

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

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

f. The Government is required to purchase support for the first year for all licenses. Support commences on the date the Contractor ships the relevant Program to the Government ("the Support Date"). Fees for support shall be paid in advance annually and are due within thirty (30) calendar days after receipt of the Program and all other fees. The Contractor will provide no maintenance and enhancement releases of the Program unless the applicable support fees entitling the Government to such releases and copies have been paid. Subject to payment of such fees, the license granted to the Government shall extend to each maintenance and enhancement release received from the Contractor.

A-6. Utilization Limitation (132-32 and 132-34) a.

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

b.

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

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

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

(3) Except as is provided in paragraph 6.b(2) above, the Government shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the government who have the Government's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the Government to use software, documentation, or information therein, which the Government may already have or obtains without restrictions.

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

(5) "Commercial Computer Software" may be marked with 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.

c.

The Contractor shall have no obligation to support the Program (i) for Use on any computer system other than the Hardware with the Operating System Software, or (ii) in the event Government modifies the Program in breach of this Agreement. The Government acknowledges that only those versions of different cooperating Programs specified by the Contractor will execute correctly together on a single CPU or in a network. The Contractor has no obligation to modify outdated versions of the Program to run with new versions of the Operating System Software or Hardware. If the Government purchases support from the Contractor for any Programs in Use on specific Hardware or in a specific network, the Government must purchase support from the Contractor for all products provided by the Contractor in Use on such Hardware or Network.

d.

Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph 52.227-19(a)-(d) for civilian agency contracts and (c)(ii) of 252.227-7013 for Department of Defense contracts. The Contractor reserves all rights in and to the Programs under the copyright laws of the United States.

A-7. Software Conversions (132-33) Full monetary credit will be allowed to the Government 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.

A-8. Descriptions and Equipment Compatibility The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered.

A-9. Right-To-Copy Pricing The contractor shall insert the discounted pricing for right-to-copy licenses.

B. Information Technology (IT) Professional Services

(SPECIAL ITEM NUMBER 54151S)

B-1. Scope a.

The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule.

b.

The Contractor shall provide services at the Contractor's facilities and/or at the Government location, as agreed to by the Contractor and the ordering office. In performing the services, the Contractor shall provide personnel and services as would be required if the personnel and services were furnished directly by the Government, at prices agreed upon and stipulated in the Schedule Pricelist. The rates included in the Schedule Pricelist represent fully loaded hourly labor rates for each labor category for work performed at the Contractor's facilities. The Contractor will furnish all normal supplies and services required for the work (some may be an additional direct charge to the customer. This includes facilities, supplies, personal computers, business software, and telephones.

(1) Work at Government Facilities - Should be required at the Government facilities, the Contractor will extend an additional discount to the rates included in the Schedule Pricelist. This additional discount will apply if the following conditions are met:

(i) The Government provides all office space, supplies, and equipment for the Contractor's employees at no cost to the Contractor. This includes, but is not limited to, telephones, faxes, copiers, personal computers, ordinary business software, and normal copying and reproduction services; and

(ii) The Contractor's employees are 100% dedicated and billable to the project for a performance period of not less than six consecutive calendar months.

If the above conditions cannot be met, the Contractor's fully loaded hourly labor rates included in the Schedule Pricelist apply.

(2) Work at Contractor Facilities Work performed at the Contractor's site, within the geographical scope of the contract, will be provided at the rates contained in the Schedule Pricelist.

B-2. Performance Incentives a.

When using a performance based statement of work, performance incentives may be agreed upon between the Contractor and the ordering office on individual fixed price orders or Blanket Purchase Agreements, for fixed price tasks, under this contract in accordance with this clause.

b.

The ordering office must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c.

To the maximum extent practicable, ordering offices shall consider establishing incentives where performance is critical to the agency's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

d.

The above procedures do not apply to Time and Material or labor hour orders.

B-3. Ordering Procedures for Services (Requiring a Statement of Work) FAR 8.402 contemplates that GSA may occasionally find it necessary to establish special ordering procedures for individual Federal Supply Schedules or for some Special Item Numbers (SINs) within a Schedule. GSA has established special ordering procedures for services that require a Statement of Work. These special ordering procedures take precedence over the procedures in FAR 8.404 (b)(2) through (b)(3).

GSA has determined that the prices for services contained in the contractor's price list applicable to this Schedule are fair and reasonable. However, the ordering office using this contract is responsible for considering the level of effort and mix of labor proposed to perform a specific task being ordered and for making a determination that the total firm-fixed price or ceiling price is fair and reasonable.

a.

When ordering services, ordering offices shall

(1) Prepare a Request (Request for Quote or other communication tool):

(i) A statement of work (a performance-based statement of work is preferred) that outlines, at a minimum, the work to be performed, location of work, period of performance, deliverable schedule, applicable standards, acceptance criteria, and any special requirements (i.e., security clearances, travel, special knowledge, etc.) should be prepared.

(ii) The request should include the statement of work and request the contractors to submit either a firm-fixed price or a ceiling price to provide the services outlined in the statement of work. A firm-fixed price order shall be requested, unless the ordering office makes a determination that it is not possible at the time of placing the order to estimate accurately the extent or duration of the work or to anticipate cost with any reasonable degree of confidence. When such a determination is made, a labor hour or time-and-materials proposal may be requested. The firm-fixed price shall be based on the rates in the schedule contract and shall consider the mix of labor categories and level of effort required to perform the services described in the statement of work. The firm-fixed price of the order should also include any travel costs or other incidental costs related to performance of the services ordered, unless the order provides for reimbursement of travel costs at the rates provided in the Federal Travel or Joint Travel Regulations. A ceiling price must be established for labor-hour and time-and-materials orders.

(iii) The request may ask the contractors, if necessary or appropriate, to submit a project plan for performing the task, and information on the contractor's experience and/or past performance performing similar tasks.

(iv) The request shall notify the contractors what basis will be used for selecting the contractor to receive the order. The notice shall include the basis for determining whether the contractors are technically qualified and provide an explanation regarding the intended use of any experience and/or past performance information in determining technical qualification of responses. If consideration will be limited to schedule contractors who are small business concerns as permitted by paragraph (2)(i) below, the request shall notify the contractors that will be the case.

(2) Transmit the Request to Contractors:

(i) Based upon an initial evaluation of catalogs and price lists, the ordering office should identify the contractors that appear to offer the best value (considering the scope of services offered, pricing and other factors such as contractor locations, as appropriate). When buying IT professional services under SIN 132 51 ONLY, the ordering office, at its discretion, may limit consideration to those schedule contractors that are small business concerns. This limitation is not applicable when buying supplies and/or services under other SINs as well as SIN 132-51. The limitation may only be used when at least three (3) small businesses that appear to offer services that will meet the agency's needs are available, if the order is estimated to exceed the micro-purchase threshold.

(ii) The request should be provided to three (3) contractors if the proposed order is estimated to exceed the micro-purchase threshold, but not exceed the maximum order threshold. For proposed orders exceeding the maximum order threshold, the request should be provided to additional contractors that offer services that will meet the agency's needs. Ordering offices should strive to minimize the contractors costs associated with responding to requests for quotes for specific orders. Requests should be tailored to the minimum level necessary for adequate evaluation and selection for order placement. Oral presentations should be considered, when possible.

(3) Evaluate Responses and Select the Contractor to Receive the Order:

After responses have been evaluated against the factors identified in the request, the order should be placed with the schedule contractor that represents the best value. (See FAR 8.404) b.

The establishment of Federal Supply Schedule Blanket Purchase Agreements (BPAs) for recurring services is permitted when the procedures outlined herein are followed. All BPAs for services must define the services that may be ordered under the BPA, along with delivery or performance time frames, billing procedures, etc.

The potential volume of orders under BPAs, regardless of the size of individual orders, may offer the ordering office the opportunity to secure volume discounts. When establishing BPAs, ordering offices shall

(1) Inform contractors in the request (based on the agency's requirement) if a single BPA or multiple BPAs will be established, and indicate the basis that will be used for selecting the contractors to be awarded the BPAs.

(i) SINGLE BPA: Generally, a single BPA should be established when the ordering office can define the tasks to be ordered under the BPA and establish a firm-fixed price or ceiling price for individual tasks or services to be ordered. When this occurs, authorized users may place the order directly under the established BPA when the need for service arises. The schedule contractor that represents the best value should be awarded the BPA. (See FAR 8.404)

(ii) MULTIPLE BPAs: When the ordering office determines multiple BPAs are needed to meet its requirements, the ordering office should determine which contractors can meet any technical qualifications before establishing the BPAs. When multiple BPAs are established, the authorized users must follow the procedures in (a)(2)(ii) above and then place the order with the Schedule contractor that represents the best value.

(2) Review BPAs Periodically: Such reviews shall be conducted at least annually. The purpose of the review is to determine whether the BPA still represents the best value. (See FAR 8.404) c.

The ordering office should give preference to small business concerns when two or more contractors can provide the services at the same firm-fixed price or ceiling price.

d.

When the ordering office's requirement involves both products as well as executive, administrative and/or professional, services, the ordering office should total the prices for the products and the firm-fixed price for the services and select the contractor that represents the best value. (See FAR 8.404)

The ordering office, at a minimum, should document orders by identifying the contractor from which the services were purchased, the services purchased, and the amount paid. If other than a firm-fixed price order is placed, such documentation should include the basis for the determination to use a labor-hour or time-and-materials order. For agency requirements in excess of the micro-purchase threshold, the order file should document the evaluation of Schedule contractors quotes that formed the basis for the selection of the contractor that received the order and the rationale for any trade-offs made in making the selection.

Ordering procedures for other services available on schedule at fixed prices for specifically defined services or tasks should use the procedures in FAR 8.404.