MAS - 3E Technologies International, Inc. - GS35F0380X

AUTHORIZED FSS INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

On-line 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 3e Technologies International, Inc.

9713 Key West Avenue, Suite 500

Rockville, MD 20850 301-670-6779 Fax 301-670-6989 www.Ultra-3eTI.com

Contract Number: GS-35F-0380X

Period Covered by Contract: May 12, 2011 – May 11, 2021 (Option Year 1) Modification 37 dated 8/31/16

General Services Administration Federal Acquisition Service

CUSTOMER INFORMATION

1a. Table of Awarded Special Item Numbers (SINs):

132-8, 132-8STLOC, 132-8RC - PURCHASE OF NEW EQUIPMENT

FSC Class 5805 - TELEPHONE AND TELEGRAPH EQUIPMENT

Audio and Video Teleconferencing Equipment

- Installation (FPDS Code N070) for Equipment Offered

- Deinstallation (FPDS N070 and N058)

- Reinstallation (FPDS N070 and N058)

-Maintenance -Repair Parts/Spare Parts

- Repair Service

132-51, 132-51STLOC, 132-51RC - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

FSC/PSC Class - D307-Automated Information Systems Services

1b.

Lowest Priced Model Number and Price For Each SIN:

SIN 132-8, 132-8STLOC, 132-8RC: CC-NUSC-CCC $107.20

SIN 132-12, 132-12STLOC, 132-12RC: CC-HIG $181.35

SIN 132-51, 132-51STLOC, 132-51RC: Field Technician $95.21 2.

Maximum Order: $500,000 per SIN 3.

Minimum Order: $100

4.

Geographic Coverage: 48 contiguous states, Alaska, Hawaii, Washington D.C., Puerto Rico, U.S. Territories

5.

Point of Production: US

6.

Discount from List Price: Prices are Net; Discounts have been Deducted

7.

Quantity Discounts: None Offered 7a. Volume Discounts: None Offered 8.

Prompt Payment Discount: None Offered 8a. Payment Terms: Net 30 days

9.

Government Purchase Cards will be accepted for payment less than, equal to and above the micro purchase threshold however no additional discounts will apply.

10.

Foreign Items: Not Applicable

11a.

Time of Delivery:

SINs 132-8, 132-8STLOC, 132-8RC - 30 Days SINs 132-12, 132-12STLOC, 132-12RC – As Negotiated

SINs 132-51, 132-51STLOC, 132051RC - As Negotiated

11b.

Expedited Delivery: As Negotiated for all SINs 11c.

Overnight and 2-Day Delivery: As Negotiated for all SINs 11d.

Urgent Requirements: Agencies can contact the Contractor’s representative to affect a faster delivery. Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery.

12.

FOB Point: Destination

13a.

Ordering Address: 9713 Key West Ave. #500 Rockville, MD 20850

13b.

Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3

14. Payment Address: 9713 Key West Ave. #500 Rockville, MD 20850

15. Warranty/Guarantee Provision: 30 Days or 1 Year (varies by products/services) 16.

Export Packing Charges: Not Applicable

16. List of Participating Dealers: Not Applicable

17. Environmental Attributes: Not Applicable 19.

Section 508 Compliance: Not Applicable

20. Liability For Injury or Damage: The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity 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.

21.

Data Universal Numbering System (DUNS) Number: 007959281 21a. Taxpayer Identification Number (TIN): 52-1680389 21b. Business Size: Large Business Concern 21c.

CAGE Code: 0P7L8 21d.

System for Award Management (SAM) : 3e Technologies International, Inc. is currently registered within the System for Award Management (SAM) database.

22. 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.

23.

ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.

a.

FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.

b.

FAR 8.405-2 Ordering procedures for services requiring a statement of work.

24.

FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS: ordering activities 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 activities, shall be responded to promptly by the Contractor.

25.

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.

26.

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

27.

CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003) FSS A/L FC 01-5

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

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

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

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

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

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

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

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

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

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

(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

28.

CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination for Cause (See 52.212-4)

29.

GSA ADVANTAGE!

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

(1) Manufacturer;

(2) Manufacturer's Part Number; and (3) Product categories.

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.gsaadvantage.gov

30.

PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

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

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

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

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

31.

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.

32.

OVERSEAS ACTIVITIES

The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: None

Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity 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.

33.

BLANKET PURCHASE AGREEMENTS (BPAs)

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

34.

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

35. INSTALLATION, DEINSTALLATION, REINSTALLATION

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

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8 or 132-9.

36.

PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

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

(a) A copy of the authorization from the ordering activity 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.

37.

INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5)28.310

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

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

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

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

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

38.

SOFTWARE INTEROPERABILITY.

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

39.

ADVANCE PAYMENTS

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324)

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBERS 132-8, 132-8STLOC, and 132-8RC)

1.

MATERIAL AND WORKMANSHIP

All equipment furnished hereunder must satisfactorily perform the function for which it is intended.

2.

ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order.

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

3.

TRANSPORTATION OF EQUIPMENT

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

4.

INSTALLATION AND TECHNICAL SERVICES

a.

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

b.

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

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8 or SIN 132-9.

c.

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

5.

INSPECTION/ACCEPTANCE

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

6.

WARRANTY

a.

The Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

3E TECHNOLOGIES INTERNATIONAL, INC. warrants to PURCHASER that the Products to be delivered hereunder will be free of defects in material and workmanship under normal use and service for a period of one (1) year following the date of installation by PURCHASER. If, during the warranty period the software becomes defective by reason of material or workmanship, and PURCHASER immediately notifies 3E TECHNOLOGIES INTERNATIONAL, INC. of such defect, 3E TECHNOLOGIES INTERNATIONAL, INC. shall, at its option, supply a replacement upgrade, or, at 3E TECHNOLOGIES INTERNATIONAL, INC.’s discretion perform necessary repair at the equipment's location. 3E TECHNOLOGIES INTERNATIONAL, INC. shall be released from all obligations under its warranty in the event the software has been subjected to misuse, neglect, accident or improper installation, or if repairs or modifications were made by persons other than 3E TECHNOLOGIES INTERNATIONAL, INC.'s own authorized service personnel, unless such repairs by others were made with the written consent of 3E TECHNOLOGIES INTERNATIONAL, INC.

THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE FACE HEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL 3E TECHNOLOGIES INTERNATIONAL, INC. BE LIABLE FOR CONSEQUENTIAL DAMAGES.

3E TECHNOLOGIES INTERNATIONAL, INC. shall not be liable to any person for any special or indirect damages, including, but not limited to, lost profits, from any cause whatsoever arising from or in any way connected with the manufacture, sale, handling, repair, maintenance or use of the Products, and in no event shall 3E TECHNOLOGIES INTERNATIONAL, INC.'s liability exceed the purchase price of the Products.

PURCHASER shall be responsible to its customers for any and all warranties, which it makes relating to Products and ensuring that replacements and other adjustments required in connection with the said warranties are satisfactory.

3E TECHNOLOGIES INTERNATIONAL, INC. shall not be liable for any loss of use, interruption of business or indirect, special, incidental or consequential damages of any kind. In spite of the above, 3E TECHNOLOGIES INTERNATIONAL, INC. shall do its best to provide end users with Software updates during the warranty period under this Agreement.

b.

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

c.

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

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: 9715 Key West Avenue, Suite 500 Rockville, MD 20850.

7.

PURCHASE PRICE FOR ORDERED EQUIPMENT

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

8.

RESPONSIBILITIES OF THE CONTRACTOR

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

9.

TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR

SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBERS 132-12, 132-12STLOC and 132-12RC)

1.

SERVICE AREAS

a.

The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 50 mile radius of the Contractor's service points. If any additional charge is to apply because of the greater distance from the Contractor's service locations, the mileage rate or other distance factor shall be stated in paragraphs 8.d and 9.c of this Special Item Number 132-12.

b.

When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the Contractor's plant(s) listed below:

9715 Key West Avenue, Suite 500, Rockville, MD 20850 2.

MAINTENANCE ORDER

a.

Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132-12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor.

b.

The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period.

c.

Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date.

d.

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

e.

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

f.

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

3.

REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

a.

Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period.

b.

When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance, that additional repair personnel are required to effect repairs.

4.

LOSS OR DAMAGE

When the Contractor removes equipment to his establishment for repairs, the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation.

5.

SCOPE

a.

The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule.

b.

Equipment placed under maintenance service shall be in good operating condition.

(1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity.

(2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.

(3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract).

6.

RESPONSIBILITIES OF THE ORDERING ACTIVITY

a.

Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor.

b.

Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained or repaired.

c.

If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order.

7.

RESPONSIBILITIES OF THE CONTRACTOR

a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification.

b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor.

8.

MAINTENANCE RATE PROVISIONS

a.

The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity.

b.

REGULAR HOURS

The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location.

c.

AFTER HOURS

Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour.

d.

TRAVEL AND TRANSPORTATION

If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor’s service area, the charge will be negotiated at the Task Order level.

9.

REPAIR SERVICE RATE PROVISIONS

a.

CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work, and, when applicable, the charge for travel or transportation.

b.

MULTIPLE MACHINES. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable.

c.

TRAVEL OR TRANSPORTATION

(1)

AT THE CONTRACTOR'S SHOP

(a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision, the cost of transportation, packing, etc., from the ordering activity location to the Contractor's plant, and return to the ordering activity location, shall be borne by the ordering activity.

(b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction.

(2) AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas)

When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed.

(3) AT THE ORDERING ACTIVITY LOCATION (Outside Established Service Areas)

(a) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown in paragraph 1.a, the repair service and mileage rates negotiated per subparagraphs 1.a and 8.d will apply.

(b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs, and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location), the ordering activity shall have the option of reimbursing the Contractor for actual costs, provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates, times, and the applicable mode of travel.

d.

LABOR RATES

(1)

REGULAR HOURS

The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of the Contractor.

(2)

AFTER HOURS

When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location, the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of the Contractor.

(3)

SUNDAYS AND HOLIDAYS

When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location, the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply.

REPAIR SERVICE RATES

REGULAR

AFTER

SUNDAYS

REGULAR AFTER AND

MINIMUM

HOURS

HOURS

HOLIDAYS

LOCATION

CHARGE*

PER HOUR**

PER HOUR**

PER HOUR

CONTRACTOR'S SHOP

$527.28 $131.82 $197.73 $197.73

ORDERING ACTIVITY LOCATION

(WITHIN ESTABLISHED

SERVICE AREAS)

$527.28 $131.82 $197.73 $197.73

ORDERING ACTIVITY LOCATION

(OUTSIDE ESTABLISHED

SERVICE AREAS)

$527.28*** $131.82*** $197.73*** $197.73***

*MINIMUM CHARGES INCLUDE FOUR FULL HOURS ON THE JOB.

**FRACTIONAL HOURS, AT THE END OF THE JOB, WILL BE PRORATED TO THE NEAREST QUARTER HOUR.

***PLUS TRAVEL AND PER DIEM EXPENSES.

10.

REPAIR PARTS/SPARE PARTS RATE PROVISIONS

All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated, at a discount equal to that offered to the Government under this Schedule for similar products.

11.

GUARANTEE/WARRANTY—REPAIR SERVICE

a.

REPAIR SERVICE

All repair work will be guaranteed/warranted for a period of 30 days from completion.

b.

REPAIR PARTS/SPARE PARTS – Guarantee/Warranty will be equal to that offered by the manufacturer of the parts repaired.

12.

INVOICES AND PAYMENTS

a.

Maintenance Service

(1) 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.

(2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day.

b.

Repair Service and Repair Parts/Spare Parts

Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph #10, above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

ADDITIONAL SERVICES:

1.

3e Technologies International, Inc. Installation Services

3e Technologies International, Inc. installation services offer the full scope of support, ranging from basic system placement to turnkey installation. All installation plans are per unit, and provide installation services and post-installation training on the system and incidental peripherals. The unit(s) will be installed and tested to ensure that they operate to manufacturer specifications. Under the turnkey, Platinum Plus level installation (see “a” below) full assistance with the carrier service is provided. In situations where the overall client solution includes multiple systems, multiple installation services would be provided along with integration services in order to create an end-to-end solution for the client.

An uplift fee of 50% is applied to non-standard installations where site access or working conditions require specially cleared or qualified individuals to accommodate tactical operations, security or other special requirements (open market item).

Platinum Plus Level Installation

Overview: Designed to provide turnkey support for installation of a product. 3e Technologies International, Inc. will assist with ordering carrier services, project manage, uncrate, assemble, put in place, connect to network, test, and provide up to four hours of Project Manager time on telecommunications products/systems. This service provides a Project Manager to complete the above task or up to three (3) days of labor, portal-to-portal, whichever is less, as well as one-day project management. Travel and expenses are not included (open market item).

3e Technologies International, Inc. will assemble, to manufacturers’ specifications, all components supplied in a neat and professional manner, inspecting all for correctness and damage.

3e Technologies International, Inc. will put in place the telecommunications equipment in the location designated by the Customer. 3e Technologies International, Inc. will make minor recommendations as to placement location based on room environment, cable length, location of power and telecommunications interface.

3e Technologies International, Inc. will connect the telecommunications equipment to the telecommunications interface or interface device within the telecommunications room using Customer-furnished cables.

3e Technologies International, Inc. will test the telecommunications equipment, including all functions, with the systems in loopback. After a full test of the equipment in loopback, 3e Technologies International, Inc. will test the telecommunications equipment in a point-to-point through the network, or in network loopback as directed by the Customer. If no network is present, or if 3e Technologies International, Inc. determines that there are problems with the network or in-house wiring, 3e Technologies International, Inc. will contact the Customer for direction.

If directed by the Customer, 3e Technologies International, Inc. will inspect in-house wiring and/or contact the designated carrier(s) by placing a trouble call and working with the carrier to correct the problem. 3e Technologies International, Inc. will provide up to two hours of assistance to the government after placing the system in loopback in order to address network or in-house wire problems, if the maximum installation labor hours for the telecommunication product/system have not already been expended. If network and/or in-house wiring problems cannot be resolved, the system will be considered accepted in loopback.

After telecommunications equipment is accepted, 3e Technologies International, Inc. will provide up to 4 hours of hands-on training. This will include operation of system functions and instructions on how to put the system in loopback to allow a test of the system while isolated from the network. Orientation will take place with or without the network, and will be conducted the same day as the installation.

On-site hours associated with resolving customer network responsibilities or customer-imposed delays are not included.

Platinum Level Installation

Overview: Designed for the installation of complex products. 3e Technologies International, Inc. will uncrate, assemble, put in place, connect to network, test, and provide up to four hours orientation training on a telecommunications product. This service provides a Field Engineer to complete the above task or up to three (3) days of labor, portal-to-portal, whichever is less. Travel and other direct expenses are not included (open market item).

3e Technologies International, Inc. will assemble, to manufacturers’ specifications, all components supplied in a neat and professional manner, inspecting all for correctness and damage.

3e Technologies International, Inc. will put in place the telecommunications equipment in the location designated by the Customer. 3e Technologies International, Inc. will make minor recommendations as to placement location based on room environment, cable length, location of power and telecommunications interface.

3e Technologies International, Inc. will connect the telecommunications equipment to the telecommunications interface or interface device within telecommunication room using Customer-furnished cables.

3e Technologies International, Inc. will test the telecommunications equipment, including all functions, with the systems in loopback. After a full test of the equipment in loopback, 3e Technologies International, Inc. will test the telecommunications equipment in a point-to-point through the network, or in network loopback as directed by the Customer. If no network is present, or if 3e Technologies International, Inc. determines that there are problems with the network or in-house wiring, 3e Technologies International, Inc. will consider the system accepted in loopback.

After telecommunications equipment is accepted, 3e Technologies International, Inc. will provide up to 4 hours of hands-on orientation training. This will include operation of system functions and instructions on how to put the system in loopback to allow testing of the system while isolated from the network. Orientation will take place with or without the network, and will be conducted the same day as the installation.

On-site hours associated with resolving customer network responsibilities or customer-imposed delays are not included.

Gold Level Installation

Overview: Designed to install a standard product. 3e Technologies International, Inc. will uncrate, assemble, put in place, connect to network, test, and provide up to four hours orientation training on telecommunications products/systems. This service provides a Field Engineer to complete the above task or up to two (2) days of labor, portal-to-portal, whichever is less. Travel and other direct expenses are not included (open market item).

3e Technologies International, Inc. will assemble to manufacturers’ specifications all components supplied in a neat and professional manner, inspecting all for correctness and damage.

3e Technologies International, Inc. will put in place the telecommunications equipment in the location designated by the Customer. 3e Technologies International, Inc. will make minor recommendations as to placement location based on room environment, cable length, location of power and telecommunications interface. 3e Technologies International, Inc. will connect the telecommunications equipment to the telecommunications interface or interface device within telecommunication room using Customer-furnished cables.

3e Technologies International, Inc. will test the telecommunications equipment, including all functions, with the systems…