MAS - Human Resources Technologies, Inc. - GS35F0290M

GSA Schedule Federal Supply Service

Authorized FSS Price List

SCHEDULE: INFORMATION TECHNOLOGY PROFESSIONAL SERVICES

SIN 511210 — Software Licenses

SIN 54151 — Software Maintenance Services

SIN 611420 — Training Courses

SIN 518210C — Cloud and Cloud-Related IT Professional Services

SIN 54151S — IT Professional Services

Online access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage! ® a menu-driven database system. The Internet address for GSA Advantage! ® is http://www.gsaadvantage.gov.

GSA Contract Number: GS-35F-0290M Contract Period Covered: February 19, 2017 through February 18, 2022

*HRTEC’s GSA Catalog is current as of June 3, 2021, which reflects the last modification Refresh 4 (A832) *

For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at http://www.gsaadvantage.gov

Human Resources Technologies, Inc. Voice: (703) 719-0778 5400 Shawnee Road Fax: (703) 354-4157 Suite 201 URL: http://www.hrtec.net Alexandria, VA 22312-2400 Certified HUBZone

Small Business http://www.gsaadvantage.gov/ http://www.hrtec.net/

HRTEC Schedule 70 20210603 2

Table of Contents

INFORMATION FOR ORDERING OFFICES APPLICABLE TO ALL SPECIAL ITEM NUMBERS:

SPECIAL NOTICE TO AGENCIES:

TERMS AND CONDITIONS APPLICABLE TO THE FOLLOWING SPECIAL ITEM NUMBERS (SIN): ... 5

1. GEOGRAPHIC SCOPE OF CONTRACT:

2. CONTRACTOR'S ORDERING AND PAYMENT ADDRESS INFORMATION:

3. LIABILITY FOR INJURY OR DAMAGE:

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD

FORM 279:

5. FOB DESTINATION:

6. DELIVERY SCHEDULE:

7. DISCOUNTS: PRICES SHOWN ARE NET PRICES; BASIC DISCOUNTS HAVE BEEN DEDUCTED:

8. TRADE AGREEMENTS ACT OF 1979, AS AMENDED:

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING:

10. SMALL REQUIREMENTS:

11. MAXIMUM ORDER: (All dollar amounts are exclusive of any discount for prompt payment.)

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS

REQUIREMENTS:

14. SECURITY REQUIREMENTS:

15. CONTRACT ADMINISTRATION FOR ORDERING OFFICES:

16. GSA ADVANTAGE!®:

17. PURCHASE OF INCIDENTAL, NON-SCHEDULE ITEMS:

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS:

19. OVERSEAS ACTIVITIES:

20. BLANKET PURCHASE AGREEMENTS (BPAs):

21. CONTRACTOR TEAM ARRANGEMENTS:

HRTEC Schedule 70 20210603 3

22. INSTALLATION, DEINSTALLATION, REINSTALLATION:

23. SECTION 508 COMPLIANCE:

24. TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES

(SPECIAL ITEM NUMBER 511210) AND SOFTWARE MAINTENANCE SERVICES (SPECIAL ITEM

NUMBER 54151) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

SOFTWARE:

25. TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR

GENERAL PURPOSE COMMERCIAL TRAINING COURSES (SPECIAL ITEM NUMBER 611420):

26. TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT), CLOUD, AND

CLOUD RELATED PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 54151S and 518210C):

27. HRTEC COMMERCIAL PRICE LIST FOR EEONet SOFTWARE MAINTENANCE AND

PROFESSIONAL SUPPORT SERVICES SIN 511210, 54151, 611420, 518210C, 54151S:

28. HRTEC COMMERCIAL PRICE LIST FOR HRA SOFTWARE LICENSING, MAINTENANCE, AND

PROFESSIONAL SUPPORT SERVICES SIN 511210, 54151, 611420, 518210C, 54151S:

29. HRTEC COMMERCIAL PRICE LIST FOR ERA SOFTWARE LICENSING, MAINTENANCE, AND

PROFESSIONAL SUPPORT SERVICES SIN 511210, 54151, 611420, 518210C, 54151S:

30. HRTEC COMMERCIAL PRICE LIST FOR HRTEC PROFESSIONAL SUPPORT SERVICES

LABOR CATEGORY PRICING: SIN 54151S

31. DESCRIPTION OF INFORMATION TECHNOLOGY PROFESSIONAL SUPPORT SERVICES

LABOR CATEGORIES:

HRTEC Schedule 70 20210603 4

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HRTEC Schedule 70 20210603 5

INFORMATION FOR ORDERING OFFICES APPLICABLE TO ALL SPECIAL ITEM NUMBERS: SPECIAL

NOTICE TO AGENCIES:

Small Business Participation

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

For orders exceeding the micro-purchase 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.gsaadvantage.gov). The catalogs/pricelists, GSA Advantage! ® and the Federal Supply Service Home Page (http://www.gsaadvantage.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 micro-purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

TERMS AND CONDITIONS APPLICABLE TO THE FOLLOWING SPECIAL ITEM NUMBERS (SIN):

SIN 511210 — Software Licenses

SIN 54151 — Software Maintenance Services

SIN 611420 — Training Courses

SIN 518210C — Cloud and Cloud-Related IT Professional Services

1. GEOGRAPHIC SCOPE OF CONTRACT:

48 contiguous states and the District of Columbia

2. CONTRACTOR'S ORDERING AND PAYMENT ADDRESS INFORMATION:

HRTEC’s Ordering & Payment Information:

Ordering Address Payment Address

Human Resources Technologies, Inc. Human Resources Technologies, Inc.

Attention: GSA Order Manager Attention: Accounts Receivable 5400 Shawnee Road, Suite 201 5400 Shawnee Road, Suite 201 Alexandria, VA 22312-2400 Alexandria, VA 22312-2400 Telephone: 571.257.0132 Telephone: 703.719.0778 Fax: 703.354.4157 Fax: 703.354.4197

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 be acceptable with 0% discount for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s) can be used by ordering agencies to obtain technical and/or ordering assistance:

HRTEC Schedule 70 20210603 6

HRTEC GSA Sales Representative: 703.719.0778

3. LIABILITY FOR INJURY OR DAMAGE:

HRTEC 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: TBD

Block 16: Data Universal Numbering System (DUNS) Number: 198214280

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

Block 31: Woman-Owned Small Business – No

Block 36: Contractor's Taxpayer Identification Number (TIN): 541391759

a. CAGE CODE: 0VG65

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

5. FOB DESTINATION:

Within 48 contiguous states and the District of Columbia: FOB Origin to all other locations.

6. DELIVERY SCHEDULE:

a. TIME OF DELIVERY: HRTEC shall deliver to destination within the number of calendar days after receipt of order

(ARO), as set forth below:

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) SIN 511210 30 Days SIN 54151 30 Days SIN 611420 To Be Determined SIN 518210C To Be Determined SIN 54151S To Be Determined

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

7. DISCOUNTS: PRICES SHOWN ARE NET PRICES; BASIC DISCOUNTS HAVE BEEN DEDUCTED:

a. Prompt Payment: 1% - 20 days from receipt of invoice or date of acceptance, whichever is later; 0% Net 30 days. b. Quantity – Discount based on number of licenses as reflected in the following tables:

Note: Please refer to pricelist for licensing information.

c. Dollar Volume – None - Government Educational Institutions – Not Applicable

HRTEC Schedule 70 20210603 7

d. Other – None

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:

Export packing of products is available at extra cost.

10. SMALL REQUIREMENTS:

The minimum dollar value of orders to be issued is $100.00.

11. MAXIMUM ORDER: (All dollar amounts are exclusive of any discount for prompt payment.)

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

SIN 511210 — Software Licenses

SIN 518210C — Cloud and Cloud-Related IT Professional Services

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

SIN 611420 — Training Courses

Note: Maximum orders do not apply to Special Item Number SIN 54151 — Software Maintenance Services

12. USE OF FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY

SCHEDULE CONTRACTS:

In accordance with FAR 8.404:

[NOTE: Special ordering procedures have been established for Special Item Numbers (SINs) 518210C — Cloud and Cloud-Related IT Professional Services and 54151S — IT Professional Services; refer to the terms and conditions for those SINs.]

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

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

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

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

HRTEC Schedule 70 20210603 8

(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, HRTEC 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

HRTEC Schedule 70 20210603 9 peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering office shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the agency’s needs.

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS

REQUIREMENTS:

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

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S.

Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS):

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

Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925.

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

14. SECURITY REQUIREMENTS:

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

HRTEC Schedule 70 20210603 10

(1) Manufacturer

(2) Manufacturer's Part Number; and

(3) Product categories

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

Netscape). The Internet address is http://www.gsaadvantage.gov.

17. PURCHASE OF INCIDENTAL, NON-SCHEDULE ITEMS:

For administrative convenience, open market (non-contract) items may be added to a Federal Supply Schedule Blanket Purchase Agreement (BPA) or an individual order, provided that the items are clearly labeled as such on the order, all applicable regulations have been followed, and price reasonableness has been determined by the ordering activity for the open market (non-contract) items.

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS:

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

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

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

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

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

19. OVERSEAS ACTIVITIES:

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

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, HRTEC Schedule 70 20210603 11 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 552.238-7; 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 receive less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building 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 apply. 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, de- installation, and reinstallation services under SIN 54151SS.

23. SECTION 508 COMPLIANCE:

Section 508 Compliance can be viewed on our website at http://www.hrtec.net/accessibility.htm or www.section508.gov/.

24. TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM

NUMBER 511210) AND SOFTWARE MAINTENANCE SERVICES (SPECIAL ITEM NUMBER 54151) OF

GENERAL-PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE:

1. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The 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.

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.

(i) HRTEC warrants that it has the right to license the Program Products. HRTEC further warrants that the Program Product at installation will operate substantially in accordance with the user manuals provided by HRTEC. Licensee acknowledges that to the extent that the Licensee's system uses other software applications, programs, and code, as well as interfaces and data, from sources other than HRTEC it may affect the performance of the Program Products.

http://www.hrtec.net/accessibility.htm http://www.section508.gov/

HRTEC Schedule 70 20210603 12

(ii) Commencing on the delivery date and continuing for a period of 90 days thereafter, HRTEC agrees to make reasonable efforts to fix any reproducible failures of the software to perform in material and substantial accordance with the documentation at no charge to Licensee. After the 90-day warranty period, HRTEC will charge the applicable hourly rate.

(iii) Except as described above, HRTEC makes no written, oral, statutory, express, or implied warranties concerning the Program Products, and expressly disclaims any warranties of merchantability and fitness for a particular purpose. HRTEC will not be liable to the Government for consequential damages for any special, indirect, incidental, consequential, or punitive damages of any nature. HRTEC’s total liability for any reason shall not exceed amounts paid to HRTEC by the Licensee for license fees resulting from any defect or deficiencies in accepted items. In the absence of a specific written agreement, HRTEC shall not be responsible for the interaction of the Program Products with any interface or downloading software developed by the Licensee.

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

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

3. TECHNICAL SERVICES:

The Contractor, without additional charge to the Government, shall provide a hot line technical support number

(703) 719-0778; for the purpose to provide user assistance and guidance in the implementation of the software.

The technical support number is available from 9:00 AM to 5:00 PM EST. Please refer to HRTEC’s pricelist for more information regarding our technical support services.

4. SOFTWARE MAINTENANCE:

a. Software maintenance service shall include the following:

HRTEC may but is not required to make updates to the software. If such updates are made generally available, then Licensee will get them at no charge. Such Software fixes and updates may be downloaded by an HRTEC representative, physically distributed on designated media, or the customer may be directed to access the patch via the HRTEC website. The HRTEC Systems Administrator or user representative will notify clients of available fixes, patches, and updates. If a new version is issued, it will be made available to Licensee at the standard price.

b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324).

PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

5. PERIODS OF MAINTENANCE (54151):

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 the 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, HRTEC Schedule 70 20210603 13 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.

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE:

Not applicable.

7. TERM LICENSE CESSATION:

Not applicable

8. UTILIZATION LIMITATIONS - (SIN 511210 and SIN 54151):

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 8.b(2) above, the Government shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of 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

HRTEC Schedule 70 20210603 14 legend.

9. SOFTWARE CONVERSIONS - (SIN 511210 and SIN 54151):

Not Applicable

10.1 EEONet Software: The EEONet is a Software-as-a-Service (SaaS) cloud-based EEO case management system that allows counselors and managers at all levels to manage all aspects of information related to EEO complaints and resolutions. It provides a secure database system and applications that allows automated EEO reports required by EEOC and a variety of other standardized and ad-hoc reports that customized to end-user, management, and business requirements.

In 2001, the application was deployed at military installations throughout the US and overseas and is currently in use by over 200 EEO specialists in DOD. The EEONet application is modeled after HRTEC’s Military Equal Opportunity software (MEONet) which has been successfully deployed for over five years.

For the EEO managers/counselors, EEONet streamlines EEO complaint processing, tracking client contacts, informal complaints, formal complaints, Alternate Dispute Resolution (ADR) management, and the appeals process itself.

EEONet also offers a myriad of other capabilities and features: It notifies EEO managers of deadlines they must meet as each case is processed via its suspense tracking system. EEONet reminds managers of actions pending and overdue at appropriate intervals prior to each event. These reminders of pending and overdue requirements are color-coded according to urgency. They appear in the appropriate areas for each data element as well as in a “daily reminder” screen/printable document that consolidates all the reminders.

* Automates case forms, letters, reports, and notices enhancing standardization across the entire agency

* Automatically and accurately generates EEOC Form 462 annually or from a specified start/end date, dramatically reducing time required to generate reports

* Automatically and accurately generates Excel® workbooks with data on contacts, pre- complaints, bases and issues, formal complaints, appeals, ADR, monetary relief, EEO specialists, and mediators

* LAN-enabled, encrypted database with secure/password protected access

* Multiple user levels

* Multi-level reporting

* Embedded help functionality and on-line EEO professional references

* Compliant with Section 508 of the ADA

* Easily modifiable to needs of all federal agencies

* EEONet is built on multiple levels (for example, field operating locations, intermediate, and agency headquarters) with Export/Import functionality to allow for data flow between organizational levels

Ultimately, the EEONet software allows EEO managers and agency executives to track and understand EEO trends. The accuracy, timeliness, and quality of the information available through the use of this software enable senior managers to make critical decisions concerning training, affirmative action, and organizational development issues. The EEONet software is an essential tool and solution in the complete lifecycle management of EEO issues.

EEONet Software License: Is offered to customers as a Software-as-a-Service (SaaS) cloud-based system.

The customer can purchase the service as a group or number of end-user accesses to the system. The EEONet system may be accessed with any internet-connected computer running the following web browsers: Microsoft Internet Explorer 5.5 or higher, Netscape Navigator 4.75 or higher.

HRTEC Schedule 70 20210603 15

Guarantee/Warranty: HRTEC warrants that it has the right to license the EEONet software. HRTEC further warrants that the EEONet software at deployment/production release will operate in accordance with the statement of work under the agreement between the customer and HRTEC.

Licensee acknowledges that to the extent that the Licensee's access to the system uses other software applications, programs, and code, as well as interfaces and data, from sources other than HRTEC, it may affect the performance of the EEONet software. Commencing on the delivery date and continuing for a period of 12 months thereafter, no warranty period or access to the system without an annual licensing agreement.

Except as described above, HRTEC makes no written, oral, statutory, express or implied warranties concerning the EEONet software, and expressly disclaims any warranties of merchantability and fitness for a particular purpose. HRTEC will not be liable to the Government for consequential damages for any special, indirect, incidental, consequential, or punitive damages of any nature. HRTEC’s total liability for any reason shall not exceed amounts paid to HRTEC by the Licensee for license fees resulting from any defect or deficiencies in accepted items. Licensee acknowledges that to the extent that the Licensee's system uses other software applications, programs, and code, as well as interfaces and data, from sources other than HRTEC, it may affect the performance of the EEONet software.

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

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.

Annual Technical Support: The “Annual Technical Support” agreement is designed to provide full support for the EEONet software. This support includes functionality improvements; changes to incorporate new requirements in EEO laws and procedures; additions of new features that apply government-wide; and technical support service calls to the HRTEC service center (the service center operates Monday through Friday, except Federal holidays, from 9:00 a.m. to 5:00 p.m. EST). This support does not include onsite service calls.

Customized Programming: In order to ensure the EEONet software meets the needs of the client, HRTEC offers a customized programming service that tailors the software, so it is configured to the client’s specifications. The software can be customized prior to delivery and installation or at any time the client may want to make changes or add new items such as specific reports. Prior to performing any software customizing, HRTEC will provide the client an estimate of costs for approval. Customized programming is performed at HRTEC’s facility at the rate outlined below.

Two Day Training Course: HRTEC offers a two-day training course that is designed for EEO counselors and managers who also have basic computer skills. The desired learning objective for students is a basic proficiency in the automated case management software. Completing the training will allow software users to begin using the software at their workstations with minimal assistance. The training is conducted at HRTEC’s training facility in Alexandria, VA but is also available at other locations upon client request.

Pre-arranged lodging and transportation are available for training conducted at the HRTEC facility. If training is conducted at locations other than the HRTEC facility, travel and expense will be charged at standard Federal Government rates and the client will be responsible for any equipment and facility expenses such as rental fees.

HRTEC will, provide, upon request, licensees with a description of the software applications and a list of equipment on which the software may be used.

10.2 Human Resources Assessment Survey (HRA): The Human Resources Assessment (HRA) Program is a

Software-as-a-Service (SaaS) cloud-based application designed to assist managers at all levels to determine the existing human relations climate within their organizations. The program identifies human relations factors, both positive and negative, that may affect productivity, such as morale, equal opportunity, interpersonal relationships, and communications. The HRA survey wraps the survey questions in an easy-to-use interface specifically built to encourage user completion. The HRA also has the capability to print surveys for respondents who cannot take the survey on-line.

HRTEC Schedule 70 20210603 16

The HRA includes a secure, cloud-based administrative module that allows a manager to set up a survey of core questions, for organization-wide survey consistency. The manager may also add additional questions to allow for personalization or measurement of local issues. The survey is then offered to employees via the internet and/or in paper form. Survey participation rates can be measured throughout the survey period to track the number of participants. Upon completion of the survey, the manager can obtain a detailed statistical report of participant’s responses. The report includes all comments provided by survey respondents.

HRA Survey Service License: The customer can purchase the Software-as-a-Service (SaaS) as a group password accesses to the HRA survey. The HRA survey may be accessed with any internet-connected computer running the following web browsers: Microsoft Internet Explorer 5.5 or higher, Netscape Navigator 4.75 or higher.

Guarantee/Warranty: HRTEC provides the HRA Survey Service on the Internet subject to compliance with the terms and conditions outlined in this contract, and with all applicable laws and regulations, including laws and regulations governing copyright, patent, trade secrets, and trademark. By using the HRA Survey Service, you agree to be bound by all these terms and conditions along with all amendments, operating rules, and policies relating to the Services.

The HRA Survey Service consists of a browser interface, software applications, data transmission, data access, and data storage. The user is responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Service. The HRA Survey Service will have at least 99% uptime, as measured monthly, excluding planned downtime. The users are responsible for maintaining the security of their accounts, passwords, and files, and for all uses of their accounts and of the Service in their name. Except as set forth herein, no rights of any kind are granted with respect to the Service.

Technical Support: The HRA Technical Support agreement includes functionality improvements, email support, and 24-hour access to HRTEC’s FAQ’s and Technical Support web site, and technical support service calls to the HRTEC service center (the service center operates Monday through Friday, except Federal holidays, from 9:00 a.m. to 5:00 p.m. EST). This support does not include onsite service calls.

Customized Programming: In order to ensure the HRA survey meets the needs of the customer, HRTEC offers a customized programming service that tailors the survey to the customer’s specifications. Prior to customizing any surveys, HRTEC will provide the customer an estimate of costs for approval.

Customized programming is performed at HRTEC’s facility.

10.3 ERA Survey Service: The Employee Relations Assessment (ERA) is a Software-as-a-Service (SaaS) cloud- based application designed to assist managers at all levels to proactively assess critical organizational climate dimensions that can have an impact on overall effectiveness. The assessment focuses on two specific areas, Equal Employment Opportunity (EEO) and Organizational Effectiveness (OE), addressing a series of differing factors such as work group cohesion, work group effectiveness, leadership cohesion, job satisfaction, and trust in the organization, organizational commitment, sexual harassment/discrimination, differential behavior towards minorities, and positive equal opportunity behaviors. The ERA survey service can be completed quickly, is suitable for all federal organizations with at least 16 employees and allows up to ten locally developed questions and up to five short answer questions to be added to the core survey. It may be taken while at work or when away from the workplace.

A detailed final report, including graphical depictions of survey results and analysis, is automatically generated after survey completion. The ERA survey service provides objectivity, respondent anonymity, and complete local Administrator Control. The local Administrator is provided access to a cloud- based secure website allowing him or her to set and adjust start and stop dates, monitor participation rates, request customer support, and access and download final reports.

ERA Survey Service License: The customer can purchase the Software-as-a-Service (SaaS) group password accesses to the ERA survey. The ERA survey may be accessed with any internet-connected computer running the following web browsers: Microsoft Internet Explorer 5.5 or higher, Netscape Navigator 4.75 or higher, Mozilla Firefox 1.0 or higher and recent releases of the Opera browser.

Guarantee/Warranty: HRTEC provides the ERA Survey Service on the Internet subject to compliance with the terms and conditions outlined in this contract, and with all applicable laws and regulations, HRTEC Schedule 70 20210603 17 including laws and regulations governing copyright, patent, trade secrets, and trademark. By using the ERA Survey Service, you agree to be bound by all these terms and conditions along with all amendments, operating rules, and policies relating to the Services.

The ERA Survey Service consists of a browser interface, software applications, data transmission, data access, and data storage. The user is responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Service. The ERA Survey Service will have at least 99% uptime, measured monthly, excluding planned downtime. The users are responsible for maintaining the security of their accounts, passwords, and files, and for all uses of their accounts and of the Service in their name. Except as set forth herein, no rights of any kind are granted with respect to the Service.

Technical Support: The ERA Technical Support agreement includes functionality improvements, email support, and 24-hour access to HRTEC’s FAQ’s and Technical Support web site, and technical support service calls to the HRTEC service center (the service center operates Monday through Friday, except Federal holidays, from 9:00 a.m. to 5:00 p.m. EST). This support does not include onsite service calls.

Customized Programming: In order to ensure the ERA survey meets the needs of the customer, HRTEC offers a customized programming service that tailors the survey to the customer’s specifications. Prior to customizing any surveys, HRTEC will provide the customer an estimate of costs for approval.

Customized programming is performed at HRTEC’s facility.

11. ENERGY STAR COMPLIANT:

Not applicable to software.

12. RIGHT-TO-COPY PRICING:

Right to copy pricing is not provided.

25. TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL

PURPOSE COMMERCIAL TRAINING COURSES (SPECIAL ITEM NUMBER 611420):

1. SCOPE:

a. The Contractor shall provide training courses normally available to commercial customers, which will permit Government users to make full, efficient use of general-purpose commercial IT products.