Federal Supply Schedule GS35F0384U

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AUTHORIZED FEDERAL ACQUISITION SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Special Item No. 132-32 Term Software Licenses Special Item No. 132-34 Maintenance of Software

SIN 132-32 - TERM SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers and Microcomputers

Application Software

SIN 132-34 - MAINTENANCE OF SOFTWARE

Knorr Associates Inc.

10 Park Place PO Box 400

Butler, NJ. 07405 973-492-8500 www.knorrassociates.com

Contract Number: ____GS-35F-0384U__________________

Period Covered by Contract: _____May 19th 2008 through May 18th 2013

General Services Administration Federal Acquisition Service

Pricelist current through Modification #_______, dated ________.

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Acquisition Service’s Home Page via the Internet at http://www.fss.gsa.gov/

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Table of Contents

1. Information for Ordering Activities………………………………………. 3

2. Terms and conditions applicable to term software licenses………………. 10

3. Information for Ordering DataPipe ……………………………………….. 14

4. Product and Service Price List ……………………………………………. 14

a. Product and Service Price List Given GSA Discount & IFF Fee …… 17

5. GSA BENEFITS ………………………………………………………….. 20

• 1 FULL YEAR OF MAINTENANCE AND SUPPORT FREE OF CHARGE

• 5% discount off of total license fee

• 60 day warranty

• .5% 10 days; net 30

• Maintenance Fee: After the first year of maintenance the yearly fee maintenance is 15% of the customers current license fee

6. DataPipe Program License Agreement …………………………………… 21

7. DataPipe Software Maintenance Agreement ……………………………… 32

8. USA Commitment To Promote Small Business Participation Procurement

Programs ……………………………………………………………………. 40

9. BLANKET PURCHASE AGREEMENT ………………………………….. 41-43

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INFORMATION FOR ORDERING ACTIVITIES

APPLICABLE TO ALL SPECIAL ITEM NUMBERS

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 (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!™ and the Federal Supply Service Home Page (www.fss.gsa.gov) contains 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.

1. GEOGRAPHIC SCOPE OF CONTRACT:

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

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

Offerors are requested to check one of the following boxes:

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

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

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

For Special Item Number 132-53 Wireless Services ONLY, if awarded, list the limited geographic coverage area:

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION:

Address for Ordering and Payment

Knorr Associates Inc.

P.O. Box 400 Butler, NJ 07405

Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice.

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

973-492-8500

3. 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.

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4. STATICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD

FORM 279:

Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 101240133 Block 30: Type of Contractor - B. Other Small Business Block 31: Woman-Owned Small Business - No Block 36: Contractor's Taxpayer Identification Number (TIN): 22-3556145__________ 4a. CAGE Code: 45F09 4b. Contractor has registered with the Central Contractor Registration Database.

5. FOB DESTINATION

6. DELIVERY SCHEDULE

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

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)

_132-32____ As negotiated with ordering activity

132-34____ As negotiated with ordering activity

b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, 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: .5% 10 Days; Net 30.

b. Quantity: 5-30% discount based on # of modules purchased.

c. Dollar Volume: None

d. Government Educational Institutions: None

e. 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:

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:

Special Item Number 132-32 - Term Software Licenses Special Item Number 132-34 – Maintenance of Software

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12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

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

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

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

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS

REQUIREMENTS:

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

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

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

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

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

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

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

(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract.

Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule.

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.

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

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

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

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

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

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

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

(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year.

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

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

15. CONTRACT ADMINISTRATION FOR ORDERING 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 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:

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

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

NetScape). The Internet address is http://www.fss.gsa.gov/.

17. PURCHASE OF OPEN MARKET ITEMS

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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.

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

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

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

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

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

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

19. OVERSEAS ACTIVITIES

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

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.

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

Knorr Associates Inc. Page 8 of 42 volume of business that may be generated through such an agreement, regardless of the size of the individual orders.

In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool. (Note: A suggested Blanket Purchase Agreement (BPA) format is found at the back of this Schedule Contract Pricelist.)

21. CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Contractor’s Reports of Sales and 552.238-76, Industrial Funding Fee, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. (Note – Basic Guidelines for using Contractor Team Arrangements may be found at the back of this Schedule Contract Pricelist.)

22. INSTALLATION, DEINSTALLATION, REINSTALLATION

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The requisitioning activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under

SIN 132-8.

23. SECTION 508 COMPLIANCE.

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

www.knorrassociates.com

The EIT standard can be found at: www.Section508.gov/.

24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of 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.

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

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

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall

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

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

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

26. SOFTWARE INTEROPERABILITY.

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

27. ADVANCE PAYMENTS

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

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TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE

LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL

SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND

MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) 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. In this case, we are referring to 132-32 and 132-34 only. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its 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 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.

We provide a 60 day warranty on the DataPipe software to all government contracts

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

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

3. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number 973-492-8500 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9-5pm EASTERN time zone Monday through Friday (other hours if needed and scheduled).

4. SOFTWARE MAINTENANCE

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

Software Maintenance as a Service (SIN 132-34)

Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324.

Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324.

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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 TERM LICENSES (SIN 132-32) AND MAINTENANCE (SIN 132-34)

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

b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.

c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or 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 term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period.

d. 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.

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

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE

132-33: DOES NOT APPLY TO OUR CONTRACT. We only offer term license

a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement.

b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity.

c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license.

d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to __________% of all term license payments during the period that the software was under a term license within the ordering activity.

7. TERM LICENSE CESSATION

132-33: Section 7 DOES NOT APPLY TO OUR CONTRACT. We only offer term license

a. After a software product has been on a continuous term license for a period of ___________ * months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written

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Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited.

b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor.

8. UTILIZATION LIMITATIONS - (SIN 132-32, SIN 132-33, AND SIN 132-34)

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

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

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

(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software.

Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

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

This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.

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

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

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9. SOFTWARE CONVERSIONS - (SIN 132-32 AND SIN 132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

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

11. RIGHT-TO-COPY PRICING

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

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DataPipe INFO

1. Information for Ordering DataPipe To order DataPipe, please contact our office directly at 973-492-8500 or email us at sales@knorrassociates.com. The total one time license fee you will pay will be based on the number of modules and concurrent users you license.

2. DataPipe Information:

Knorr Associates was founded in 1979 and has over 25 years experience providing an easy-to-use, modular software solution for collecting and managing EH&S information.

Over the years this knowledge evolved into DataPipe™, the complete information management software solution for professionals in the EH&S fields. DataPipe is accessible from the Web or Windows, offers point-and-click reporting, data exchange with external systems and software, automated email notification, triggered events, extensive customizing capabilities, risk management, compliance reporting and more.

DataPipe software easily meets the needs of today’s and tomorrow's EH&S business requirements. Contact Sales@KnorrAssociates.com for more info and to request an on-line DEMO.

3. Product and Service Price List DataPipe is a module EH&S software solution. Select the module from the table below (TABLE 1) that are of interest to your organization and add up the total price for the system. The CORE MODULE ($5000) is required. The sum of the total modules that you are purchasing is the fee of a Single User License. For multiple concurrent user licenses, please use TABLE 3 below to determine the license fee.

TABLE 1

Module Name Description Unit Cost

Core Module (REQUIRED) Required in all DataPipe systems. Includes Personnel module, security and common databases used throughout system.

Report writers (ad-hoc and programmed) also included. $5,000

Container Mass Balance Movement of agents from container to container and movements of containers from location to location. "Cradle-to-grave" detailed mass balance tracking, from purchase order to shipping/disposal. Also used for waste minimization analysis. $5,000

MSDS (ANSI Z400.1) All 16 sections of ANSI standard MSDS, including ingredients and IH limits. Includes fields for storing images of mfg.'s original sheets, which may be viewed and printed. Requires Agent Parameters, which it automatically updates. $5,000

MSDS Generation Build and maintain MSDSs based on user-defined sub-sections, phrases and text, with the text in multiple languages. Output may be to a word processor for final formatting or a HTML file for Inter/Intranet-based distribution. Requires Agent Parameters. $5,000

Process Models Define, for any source, the amount of agent(s) and/or waste produced, based on operating characteristics of the source, then calculate discharges over time. Inc. calculations at points before and after pollution control devices. AP-42 type calcs. Requires the Agent Parameters Module.

$4,000

Clinic Visits (Services & costs)

Records when, why patient/employee visits clinic. Services rendered, cost of services, disposition of case. Includes vital signs, medical problems & SOAP notes. May be used with Injury & Illness to link a Clinic Visit to an Injury & Illness case (and also to an Absence, Progress Note, Treatment Plan and/or Workers' Compensation claim related to that Injury & Illness case, if these Modules are present), but does not require the Injury & Illness Module.

$3,500

Form R

Includes a comprehensive program (programmed report) to generate the U.S. E.P.A. Form R report (site and chemical agent use, treatment and disposal information) and these basic record-keeping forms: Waste Generator Facility, Hazardous Chemical Registry, Waste/Hazardous Chemical Accumulation. Other modules which are used by the Form R report are NPDES, Waste Disposal, Waste Minimization, Waste Receiving, Waste Storage, Waste Shipping, and Waste Treatment/Recovery. Requires List of Lists and Waste Characterization modules.

$3,500

Musculoskeletal/FCE/Ergo nomics

Also called Functional Capacity Evaluation. Define work requirements in terms of range of motion, strength, etc. and then measure individual's performance and changes w.r.t. those requirements. $3,500

NPDES Monthly results from sampling, permit requirements for each source, comparison of measured amounts to permit requirements.

May be used with List of Lists. $3,500

Project Management Track project tasks, dates, responsibilities, costs. Includes times for PERT/CPM analysis and other metrics. Links to Incidents (general) if included. Use with recommendations module, site remediation tables and other major modules. $3,500

Questionnaires Build multiple surveys, audits or questionnaires from lists of questions. Answers may be logical, text and numeric. Build physical exam, medical history, safety and IH survey and other questionnaires with one module. Also maintains answers to questionnaires.

May be linked to General Incidents.

$3,500

Waste Characterization Properties/components of a hazardous waste, similar to an MSDS, but specific for waste. Required for most other waste-related modules. Requires List of Lists. $3,500

Water Quality A more generalized module than NPDES, this module tracks allowable concentrations of contaminants (min., max. & avg.) as well as actual amount from analysis of samples. Users may define "panels" of standard tests to speed data entry. $3,500

Work Flow Workflow, an optional detail on many DataPipe forms, allows for defining steps for reviewing information, processing business rules, making notifications (e.g., e-mail), controlling who may edit the record and finally locking the record against future edits.

Encrypted electronic signatures are attached to workflow records.

$3,500

Chemical Inventory Agent type, location, quantities, dates, storage methods. Typically used for IH evaluation and SARA Tier 1 and 2 reports.

Requires Agent Parameters module. $3,000

Industrial Hygiene Air Samples

Personal, area, & blanks; timed and "spot" (direct reading) measurements. Automatic flow and volume calculation, lookup and comparison of results to limits. Calculation of composite exposure. Combination of multiple samples and times for multi-sample TWA. May be used with General Incidents to link multiple sub-incidents together, but does not require the Incidents, General Module. May also be used with Equipment, Personal Protection Equipment, and/or Job Profiles, but does not require any of these Modules. Requires Agent Parameters Module.

$3,000

Job Profiles; Job Physical requirements (ADA) Training, personal protective equipment, agent exposures, medical tests, etc. for facility, area, building, department and/or job. May require the Training, Personal Protection Equipment, and/or Agent Parameters Module for $3,000

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Restrictions/Requirements , HEGs some specific uses, however these modules are not required for general use of the job profiles module.

Ozone Depleting Substances/CFCs Track equipment using CFCs and the amount, plus maintenance history, inc. person and amount of CFC removed and/or added. $3,000 PCB Inventory &

Containers Location of equipment containing PCBs. Transportation, storage and disposal information, by container ID, of materials. $3,000

Agent Parameters A "mini-MSDS" used by several other modules. Once in a system, it is shared by all other referencing modules; it is not licensed again for each. Required by MSDS and several Industrial Hygiene and Environment Modules such as MSDS, MSDS Generation, Hazardous Chemical Inventory, Spills & Releases

$2,500

Audiograms Hearing baseline and periodic tests. Age correction database. Semi-automatic new baseline calculation. STS calculation, with and w/o age correction. $2,500

ECG Electrocardiogram data, interpretative codes and strip image. $2,500 Emergency Response

Team (ERT) Details on an emergency response; teams and members, dates and times, evacuations, injuries, spills and releases, follow-up.

Displays summary data from other forms if available. Requires General Incidents module. $2,500

Emission Source Tests Emission limits and test results from multiple air and water sources. May be used with Agent Parameters (Agent Parameters is required for chemical limits) and/or with Permit History but does not require either of these Modules. $2,500

Hazardous Materials Abatement

Information on the location and quantity of hazardous materials (e.g., asbestos, lead paint, etc.) and then information (quantity, permit, personnel, manifest no., dates, etc.) on abatement projects to remove the materials. Replaces “Asbestos Module” by expanding to all “hazmats” in general.

$2,500

Indoor Air Quality Information on monitored CO, CO2, humidity and temperatures measured during a study. Records min., max. and average levels during both overall test and actual exposure hours. $2,500

Injury & Illness Injury and illness information; employee, cause code, body part code, cost, treatment, disposition. Primary uses are OSHA 101 & 200 & 300, first report of injury, and risk management-style reports. Required by Workers Comp. module. May be used with General Incidents to link multiple sub-incidents together, but does not require the Incidents, General Module.

$2,500

Permit History Log all permits associated with each facility; air, water, waste, etc. Dates, agency, cognizant persons, etc. Image fields may store actual permit pages in system for viewing and printing. $2,500

Radiation Exposures Results from measuring employee radiation doses, such as from TLDs. $2,500 Radiation Scans Results from whole and partial body scans to determine activity of radioactive materials in employee/patient. $2,500

Scheduling (clinic & other) Overall clinic and "resources" schedule databases. Schedules patient/employee for visit on specific day and time for resource.

Graph allows viewing 24 hour schedule for multiple "resources" on one screen and choosing times to automatically schedule. $2,500

Spirometry Employee/patient test results from testing respiratory function. $2,500 Training, Courses &

Requirements Databases of course types, presentations, student rosters and grades. Training requirements by facility, area, building, department and job to determine eligibility. $2,500

Treatment Plans Set up (define) medical treatment plans (dates & activities) and then apply to individuals, tracking what is due, dates performed, etc. May be used with Injury & Illness to link a Treatment Plan to an Injury & Illness case (and also, if the following modules are present, to an Absence, Clinic Visit, Progress Note and/or Workers' Compensation claim related to that Injury & Illness case), but does not require the Injury & Illness Module.

$2,500

Waste Receiving For sites which receive waste from off site. May be used as input to Waste Storage or to track waste directly to Waste Disposal or Waste Treatment/Recovery. Requires Waste Characterization Module. $2,500

Waste Shipping Preparing of manifests and then receipt of information back from TSDF re amounts, handling codes and other information needed for completion of GM, IC and other standard reports. Will use Waste Storage information if available. Requires Waste Characterization Module.

$2,500

Waste Storage For sites which store waste rather than immediately disposing, treating or shipping waste off site. Tracks container location, date, contents. Allows for combining multiple containers into a single container. May be used with Waste Disposal, Waste Receiving, Waste Shipping, Waste Treatment/Recovery. Requires Waste Characterization Module.

$2,500

Breathalyzer/Blood Alcohol Measurement of blood alcohol by "breathalyzer." Employees test results. $2,000

CDL/DOT Drivers' information, including DOT CDL. Driver's record, medical dates, other information. Works with Substance Abuse/Drug Screening module which is called CONTROLLED SUBSTANCES. $2,000

Controlled Substances Employee drug tests & results, including for DOT. Includes provision for random selection. $2,000

Disability Guidelines Disability norms, best practices, costs and other information on injuries and illnesses. Can interact with Absences for calculating return-to-work dates. May be used with the Work Loss Data Institute's ODG database for data and updates. Requires an annual subscription fee to keep updated from the published data - This is not part of yearly DataPipe maintenance.

$2,000

Employee Assistance Plans (EAP)

Details of employee (or family member) referral for assistance, counseling, etc. Includes information on diagnosis, referrals, dates, notes. $2,000

Heat Stress Measurements of employee NWBT, DBT, GT and/or deep body temperature, calculation of WBGT and permissible heat exposure TLV as defined by ACGIH. $2,000

Hematology Blood test…