Federal Supply Schedule GS35F0412U

Information Technology

Schedule Price List www.5xtechnology.com

GSA Contract Number GS-35F-0412U Page 1

AUTHORIZED FEDERAL SUPPLY SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICE

LIST

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT,

SOFTWARE AND SERVICES

Special Item Numbers (SIN) Products/Services

132-32 .................................................. Term Software Licenses and .................................................. Software Maintenance as a Product 132-33 .................................................. Perpetual Software Licenses 132-34 ................................... Maintenance of Software as a Service 132-50 .................................................................... Training Courses 132-51 ....................... Information Technology Professional Services

SIN 132-51 Information Technology Professional Services

FPDS Code D302...................IT Systems Development Services FPDS Code D306...................IT Systems Analysis Services FPDS Code D399...................Other Information Technology

Services, Not Elsewhere Classified

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

Note 2: Offerors and Agencies are advised that the Group 70 – Information

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

Note 3: This solicitation is not intended to solicit for the reselling of IT

Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents.

Contractor:

5X Technology, LLC

3160 Camino Del Rio S Suite

San Diego CA 92108

(858) 777-1650

Contract Number: GS-35F-0412U

Period Covered By Contract: May 27, 2008 – May 26, 2018

General Services Administration

Federal Supply Service

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 Supply Service‘s Home Page via the Internet at http://www.fss.gsa.gov/.

TABLE OF CONTENTS

Section Page

Customer Information

Terms and Conditions Applicable to Term Software Licenses and Software Maintenance (SIN 132-32), Perpetual Software Licenses (SIN 132-33) & Maintenance of Software as a Service (SIN 132-34). ..5

Terms and Conditions Applicable to Training Courses (Special Item Number 132-50) ...............................................................................…8

Descriptive Information Relating to Training Courses

Terms and Conditions Applicable to Information Technology (IT) Professional Services (Special Item Number 132-51) ..................…..10

Descriptive Information Relating to IT Services – Labor Categories

USA Commitment to Promote Small Business Participation Procurement Programs

Suggested Formats for Blanket Purchase Agreements

Basic Guidelines for Using Contractor Team Arrangements

SIN 132-32 Term Software Licenses Price List

SIN 132-33 Perpetual Software Licenses Price List

SIN 132-34 Maintenance of Software as a Service Price List

SIN 132-50 Training Courses Price List

SIN 132-51 IT Professional Services Price List http://www.5xtechnology.com/ http://www.5xtechnology.com/ http://www.fss.gsa.gov/

GSA Contract Number GS-35F-0412U Page 2

Price list current through Modification No PO-0038. effective 06/14/2015

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

SIN 132-32 Term Software Licenses and Software Maintenance as a Product

SIN 132-33 Perpetual Software Licenses

SIN 132-34 Maintenance of Software as a Service

SIN 132-50 Training Courses

SIN 132-51 Information Technology Professional Services

1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR

EACH SIN:

Please see the pricelist below for details

1c. HOURLY RATES:

Please see the pricelist below for details

2. MAXIMUM ORDER*:

The Maximum Order value for the following Special Item

Numbers (SINs) is $500,000:

SIN 132-32 Term Software Licenses and Software Maintenance as a Product

SIN 132-33 Perpetual Software Licenses

SIN 132-34 Maintenance of Software as a Service

SIN 132-50 Training Courses

SIN132-51 - Information Technology Professional Services

3. MINIMUM ORDER:

The minimum dollar value of an order for delivery to one destination is $100.00.

4. GEOGRAPHIC COVERAGE:

Domestic Delivery Only

5. POINT(S) OF PRODUCTION:

4565 Ruffner Street, Suite 208 San Diego, CA 92111-2220

6. DISCOUNT FROM LIST PRICES:

All prices shown herein are Net GSA prices (discounts deducted) unless otherwise indicated.

GSA Contract Number GS-35F-0412U Page 3

7. QUANTITY DISCOUNT:

None

8. PROMPT PAYMENT TERMS:

Net 30

9.a GOVERNMENT PURCHASE CARD

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

9.b GOVERNMENT PURCHASE CARD

Government Purchase Cards are accepted above the micro-purchase threshold.

10. FOREIGN ITEMS:

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.

11a. TIME OF DELIVERY:

SIN 132-32 Electronic delivery within 1 Day (ARO)

SIN 132-33 Electronic delivery within 1 Day (ARO)

SIN 132-34 Electronic delivery within 1 Day (ARO)

SIN 132-50 As negotiated between the Contractor and the ordering activity.

SIN 132-51 As negotiated between the Contractor and the ordering activity.

11b. EXPEDITED DELIVERY:

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.

12. FOB POINT: Destination

Destination for the 48 contiguous states, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico.

13a. ORDERING ADDRESS:

3160 Camino Del Rio S Suite San Diego, CA 92108 Phone: 858-777 1650 Fax: 858-777-5446

13b. ORDERING PROCEDURES:

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

14. PAYMENT ADDRESS:

Attn: Accounting Department 3160 Camino Del Rio S Suite 208

San Diego, CA 92108

15. WARRANTY PROVISION:

Quicker delivery times than those set forth in paragraph (a) above are available from the Contractor or its Authorized Government Reseller based on the availability of product inventory. Delivery times of 1-60 days after receipt of order (ARO) are available, as negotiated between the Ordering Activity and the Contractor.

11c. OVERNIGHT AND 2-DAY DELIVERY:

When schedule customers require overnight or 2-day delivery, ordering activities are encouraged to contact the Contractor or Authorized Government Resellers for the purpose of obtaining accelerated delivery. The Contractor provides overnight and 2-day delivery times subject to the availability of product inventory. The Contractor shall pay for shipment, with freight prepaid and invoiced. Authorization must be included on the ordering activity order for products.

11d. URGENT REQUIRMENTS:

When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an

See Terms and Conditions specific to SIN 132-32, SIN 132-33

& SIN 132-34

16. EXPORT PACKING CHARGES:

Not available within the scope of this contract

17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE

CARD ACCEPTANCE:

Not Applicable to this Contract

18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE,

AND REPAIR (IF APPLICABLE):

See Terms and Conditions specific to SIN 132-32, SIN 132-33

& SIN 132-34

GSA Contract Number GS-35F-0412U Page 4

19. TERMS AND CONDITIONS OF INSTALLATION (IF

APPLICABLE):

20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING

DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS

FROM LIST PRICES (IF AVAILABLE):

25. DUNS NUMBER:

101922008

26. NOTIFICATION REGARDING REGISTRATION IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE:

Registration completed

20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF

See Terms and Conditions specific to SIN 132-50 & SIN

132-51

21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF

22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE):

23. PREVENTIVE MAINTENANCE (IF APPLICABLE):

24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL

ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants):

24b. SECTIION 508 COMPLIANCE FOR EIT:

If applicable, compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), FAR 39.2, and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR 1194) General Services Administration (GSA), on the software and services in this contract are available in Electronic and Information Technology (EIT) from the Contractor.

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

The offeror has included on its web site a designated area that outlines the Voluntary Product Accessibility Template (VPAT) or equivalent qualification, which ultimately becomes the Government Product Accessibility Template (GPAT).

Section 508 compliance information on the services in this contract is available at the following website address (URL):

www.5xtechnology.com.

http://www.5xtechnology.com/ http://www.section508.gov/

GSA Contract Number GS-35F-0412U Page 5

AS-AVAILABLE, AND CONTRACTOR ITS AUTHORIZED

TERMS AND CONDITIONS APPLICABLE TO TERM

SOFTWARE LICENSES (SIN 132-32), PERPETUAL

SOFTWARE LICENSES (SIN 132-34) AND

MAINTENANCE AS A SERVICE (SIN 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. 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 post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.

2. END USER LICENSE AGREEMENTS (EULA) / TERMS OF

SERVICE (TOS) AGREEMENT REQUIREMENTS

The Contractor shall provide all Enterprise User License Agreements in an editable format.

3. 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.

The Warranty for the GMaps Plugin Bundles is as follows:

Centigon Solutions, Inc. warrants that the Licensed Software will conform to the performance standards and specifications set forth in the Licensed Documentation if the Licensed Software is properly installed and used in an appropriate operating environment. Centigon Solutions, Inc.‘s responsibility under this warranty shall be limited to correcting the portion of the Licensed Software that fails to perform substantially in accordance with the said specifications or, at the option of Centigon Solutions, Inc, refunding the applicable license fees, in which event Ordering Activity shall return all copies of the Licensed Software and related Documentation or destroy that which is not returned. Centigon Solutions, Inc does not warrant that the Licensed Software will meet Ordering Activity‘s requirements or will operate in the combination that Ordering Activity selects for use, or that the operation of the Licensed Software will be uninterrupted or error free, or that all defects in the Licensed Software will be corrected by Centigon Solutions, Inc. Contractor shall have no liability under the foregoing warranty if (a) Ordering Activity decompiles, reverse engineers, or modifies the Licensed Software without Centigon Solutions Inc. prior written consent,

(b) Ordering Activity fails to give Contractor written notice of the claimed breach of warranty, or (c) the failure to perform is caused in whole or in part by persons other than Contractor or by products, equipment, or computer programs not furnished by Contractor.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN

THIS SECTION, THE LICENSED SOFTWARE AND

LICENSED DOCUMENTATION ARE PROVIDED AS-IS AND

SUPPLIER, CENTIGON SOLUTIONS INC. MAKES NO

WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,

INCLUDING, WITHOUT LIMITATION, ANY IMPLIED.

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, OR NONINFRINGEMENT OF

THIRD PARTY RIGHTS. This section does not limit or disclaim any warranties expressly provided in the GSA Schedule contract.

The Warranty for the Essentials Bundle is as follows:

Centigon Solutions, Inc. and Contractor warrants that the Licensed Software will conform to the performance standards and specifications set forth in the Licensed Documentation if the Licensed Software is properly installed and used in an appropriate operating environment. This warranty extents only to the degree that, if Ordering Activity documents in writing a malfunction of the Licensed Software, Centigon Solutions, Inc.

will make commercially reasonable efforts to correct the malfunction. Contractor does not warrant that the functions contained in the Licensed Software will meet Ordering Activity‘s requirements or will operate in the combination that Ordering Activity selects for use, or that the operation of the Licensed Software will be uninterrupted or error free, or that all defects in the Licensed Software will be corrected by Centigon Solutions, Inc. Contractor‘s responsibility under this warranty shall be limited to correcting the portion of the Licensed Software that fails to perform substantially in accordance with the said specifications or, at the option of Contractor, refunding the applicable license fees in which event Ordering Activity shall return all copies of the Licensed Software and related Documentation or destroy that which is not returned.

Contractor shall have no liability under the foregoing warranty if

(a) Ordering Activity decompiles, reverse engineers, or modifies the Licensed Software without Centigon Solutions Inc.

prior written consent, (b) Ordering Activity fails to give Contractor written notice of the claimed breach of warranty, or

(c) the failure to perform is caused in whole or in part by persons other than Contractor or by products, equipment, or computer programs not furnished by Contractor. EXCEPT AS

OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION,

CONTRACTOR and Centigon Solutions, Inc. MAKES NO

OTHER WARRANTIES, EXPRESS, IMPLIED, OR

STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in this section, Ordering Activity takes this software as is. This clause does not limit or disclaim warranties expressly provided in the GSA Schedule contract

The Warrant y f or Launc hW ork s ‘ produc t s is as f oll ows

LaunchWorks warrants that the LaunchWorks Product will perform substantially in accordance with the descriptions and specifications in the documentation accompanying such LaunchWorks Product for a period of ninety (90) days after license of the LaunchWorks Product under normal use.

Notwithstanding anything to the contrary, Licensor makes no representation or warranty with respect to any third party software, and undertakes no obligations with respect to any third party software.

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.

GSA Contract Number GS-35F-0412U Page 6

c. Limitation of Liability. Except as otherwise provided by an b. Term licenses may be discontinued by the ordering 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.

4. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide hot line technical support web site at http://support.centigonsolutions.com for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9:00 AM to 5:00 PM Pacific Time.

5. SOFTWARE MAINTENANCE

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

1. Software Maintenance as a Product (SIN 132-32)

Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user‘s self diagnostics.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service.

Software Maintenance as a product is billed at the time of purchase.

2. 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.

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.

6. PERIODS OF TERM LICENSES (SIN 132-32)

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

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, the period of the term licenses 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 orders citing the new appropriation shall be required, if the term licenses 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.

7. CONVERSION FROM TERM LICENSE TO PERPETUAL

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.

8. TERM LICENSE CESSATION

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 Contractor commitment which continues to be available http://www.google.com/url?q=http%3A%2F%2Fsupport.centigonsolutions.com%2F&sa=D&sntz=1&usg=AFrqEzf9c-2aP1qCWLxTOcz4M7ac4SUxuw

GSA Contract Number GS-35F-0412U Page 7 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

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 132-34, if the licensee elects to order such services. Title to the software shall remain with the

9. UTILIZATION LIMITATIONS - (SINs 132-32, 132-33 & 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.

10. SOFTWARE CONVERSIONS - (SINs 132-32 & 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.

11. 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.

12. RIGHT-TO-COPY PRICING

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

GSA Contract Number GS-35F-0412U Page 8

TERMS AND CONDITIONS APPLICABLE TO

PURCHASE OF TRAINING COURSES FOR

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT AND

SOFTWARE

(SPECIAL ITEM NUMBER 132-50)

1. SCOPE

5. FOLLOW-UP SUPPORT

The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one (1) year from the completion of the training course. During this period, the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions.

6. PRICE FOR TRAINING

a. The Contractor shall provide training courses normally available to commercial customers, which will permit ordering activity users to make full, efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation.

b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location, as agreed to by the Contractor and the ordering activity.

2. ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPAs) shall be the basis for the purchase of training courses in accordance with the terms of this contract.

Orders shall include the student's name, course title, course date and time, and contracted dollar amount of the course.

3. TIME OF DELIVERY

The Contractor shall conduct training on the date (time, day, month, and year) agreed to by the Contractor and the ordering

4. CANCELLATION AND RESCHEDULING

a. The ordering activity will notify the Contractor at least seventy-two (72) hours before the scheduled training date, if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge.

In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class.

b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety (90) days from the original course date, at no additional charge.

c. The ordering activity reserves the right to substitute one student for another up to the first day of class.

d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity, the Contractor must notify the ordering activity at least seventy-two (72) hours before the scheduled training date.

The price that the ordering activity will be charged will be the ordering activity training price in effect at the time of order placement, or the ordering activity price in effect at the time the training course is conducted, whichever is less.

7. INVOICES AND PAYMENT

Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears (31 U.S.C. 3324). PROMPT

PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON

THE INVOICE.

8. FORMAT AND CONTENT OF TRAINING

a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.) normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class.

b. **If applicable** For hands-on training courses, there must be a one-to-one assignment of IT equipment to students.

c. The Contractor shall provide each student with a Certificate of Training at the completion of each training course.

d. The Contractor shall provide the following information for each training course offered:

(1) The course title and a brief description of the course content, to include the course format (e.g., lecture, discussion, hands-on training);

(2) The length of the course;

(3) Mandatory and desirable prerequisites for student enrollment;

(4) The minimum and maximum number of students per class;

(5) The locations where the course is offered;

(6) Class schedules; and

(7) Price (per student, per class (if applicable)).

e. For those courses conducted at the ordering activity‘s location, instructor travel charges (if applicable), including mileage and daily living expenses (e.g., per diem charges) are governed by Pub. L. 99-234 and FAR Part 31.205-46, and are reimbursable by the ordering activity on orders placed under the Multiple Award Schedule, as applicable, in effect on the date(s) the travel is performed.

Contractors cannot use GSA city pair contracts. The Industrial Funding Fee does NOT apply to travel and per diem charges.

GSA Contract Number GS-35F-0412U Page 9

f. For Online Training Courses, a copy of all training material must be available for electronic download by the students.

9. ―NO CHARGE‖ TRAINING

The Contractor shall describe any training provided with equipment and/or software provided under this contract, free of charge, in the space provided below.

5X Tec hnology of f ers a one day t raining on “w hat ’s new ” in t he latest releases. This training is scheduled quarterly at no change to the student.

DESCRIPTIVE INFORMATION RELATING TO

TRAINING COURSES

5001UNI – UNIVERSE DESIGN BUNDLE

Duration: 5 Days Minimum: 8 Students

This core five-day instructor-led course is designed to give you the comprehensive skills needed to design, build and maintain BusinessObjects 6.5, BusinessObjects XI R1/R2, and BusinessObjects XI 3.0/3.1 universes. In-depth knowledge needed to design universes in BusinessObjects™ Universe Designer.

The course provides an overview of the process for planning, designing and creating a universe and then walks you through the process of designing a universe that responds to identified requirements.

The business benefit of this course is that you learn best-practice methodology for creating universes that respond to your reporting requirements.

Through well-designed universes, report designers and business users are able to create reports without having to know anything about the underlying data source or structure

5001WEB – Webi Report & Dashboard Design Bundle

This five-day instructor-led course is designed to give you the comprehensive skills and in-depth knowledge needed to access, analyze and share data using BusinessObjects™ InfoView™ and BusinessObjects™ Web Intelligence™. Alternative query and reporting techniques when creating complex Web Intelligence documents. After completing this course, you will be able to create combined queries and use sub-queries. Provides you with an understanding of how to create interactive visualizations based on Microsoft Excel workbooks using BusinessObjects™ Xcelsius Enterprise 2008.

During this course, you‘ll learn how to create Web Intelligence documents for your reporting needs, to retrieve data by building queries using BusinessObjects universes and to use Web Intelligence to enhance documents for easier analysis.

You‘ll also learn how to organize, manage and distribute documents using InfoView.

You will be able to design your own reports using Web Intelligence and share your analysis with other users.

BusinessObjects™ Web Intelligence™ is a query, reporting and analysis tool that allows you to access the data in your corporate databases directly from within BusinessObjects Enterprise™ InfoView™ and to present and analyze this information in a Web Intelligence document.

You will also be able to use character and date string functions, create variables using "If" logic, redefine calculation contexts, and create hyperlinks in your documents using Web Intelligence dialog boxes.

A series of interactive content, demonstrations, examples and review quizzes will help you better understand how to use Xcelsius.

The business benefit of this course is that users with data in Microsoft Excel workbooks will be able to quickly create visualizations and dashboards with minimal effort.

5001WEB – Webi Report & Dashboard Design Bundle

This five-day instructor-led course explains how to perform the tasks in the Central Management Console (CMC). Demonstrates what each server component in BusinessObjects Enterprise does and how it is configured. You will install and configure each component and learn how information flows from server to server for system processes such as logging on to the system, scheduling reports, and viewing reports.

These tasks involve supporting BusinessObjects TM Enterprise users and groups so they can access corporate data through the web portal in BusinessObjects Enterprise.

This corporate data can take the form of Crystal Reports, BusinessObjects Web Intelligence, or Desktop Intelligence documents, Voyager workspaces, program objects, object packages, and popular third-party objects, such as Microsoft Word and Excel files, among others. Please note: this course does not discuss maintaining BusinessObjects Enterprise servers, which is taught in the BusinessObjects Enterprise XI 3.0/3.1: Administering Servers – Windows course.

The business benefit of this course is that it provides a foundation for system architects/administrators to effectively manage both users and content on the BusinessObjects Enterprise platform.

BusinessObjects Edge Series XI 3.0/3.1

You will learn to use the Central Management Console (CMC) and the Central Configuration Manager (CCM) to manage and configure the servers and will also practice troubleshooting system problems when they arise.

The business benefit of this course is that it provides a foundation for system architects/administrators who are responsible for administering servers on the BusinessObjects Enterprise platform.

BusinessObjects Edge Series XI 3.0/3.1

5001CR – Crystal Reports Bundle

Crystal Reports 2008® is a powerful, dynamic, actionable reporting solution that helps you design, explore, visualize, and deliver reports via the web or embedded in enterprise applications.

GSA Contract Number GS-35F-0412U Page 10

This five-day instructor-led course is designed to give you comprehensive skills and in-depth knowledge to plan and create reports that will help you analyze and interpret information.

As a business benefit, you will find that this course is an in-depth approach to the entire report creation cycle from planning a report prototype to distributing a report, you will be able to increase your understanding of formulas, variables, arrays, templates, parameters, summaries, and sections

This course will also help you make more effective report design decisions and create more efficient reports.

TERMS AND CONDITIONS APPLICABLE TO

INFORMATION TECHNOLOGY (IT)

PROFESSIONAL SERVICES (SPECIAL ITEM

NUMBER 132-51)

1. SCOPE

a. The prices, terms and conditions stated under Special Item

Number 132-51 Information Technology Professional Services apply exclusively to IT/IAM Professional Services within the scope of this Information Technology Schedule.

b. The Contractor shall provide services at the Contractor‘s facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity.

2. PERFORMANCE INCENTIVES I-FSS-60 Performance

Incentives (April 2000)

a. Performance incentives may be agreed upon between the

Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract.

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

c. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity‘s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

3. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

4. PERFORMANCE OF SERVICES

a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering

b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity.

c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner.

d. Any Contractor travel required in the performance of

IT/IAM Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

GSA Contract Number GS-35F-0412U Page 11

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES

In accordance with FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

(DEVIATION I - FEB 2007) for Firm-Fixed Price orders and

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS

COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I OCT

2008) (DEVIATION I – FEB 2007) applies to Time-and- Materials and Labor-Hour Contracts orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data – General, may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT/IAM Professional Services.

9. INDEPENDENT CONTRACTOR

All IT/IAM Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering

10. ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions.

―Contractor‖ means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

―Contractor and its affiliates‖ and ―Contractor or its affiliates‖ refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An ―Organizational conflict of interest‖ exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor‘s or its affiliates‘ objectivity in performing contract work.

c. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the

Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract.

Examples of situations, which may require restrictions, are provided at FAR 9.508.

11. INVOICES

The Contractor, upon completion of the work ordered, shall submit invoices for IT/IAM Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month.

12. PAYMENTS

For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and- Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision

(a) The Government contemplates award of a Time-and-

Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

13. RESUMES

Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request.

14. INCIDENTAL SUPPORT COSTS

Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR.

GSA Contract Number GS-35F-0412U Page 12

15. APPROVAL OF SUBCONTRACTS

The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order.

16. DESCRIPTION OF IT/IAM PROFESSIONAL SERVICES AND

PRICING

a. The Contractor shall provide a description of each type of

IT/IAM Service offered under Special Item Numbers 132- 51 IT/IAM Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles (labor categories) for those individuals who will perform the service should be provided.

b. Pricing for all IT/IAM Professional Services shall be in accordance with the Contractor‘s customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices,…