MAS - LGS Innovations LLC - GS35F0429L

LGS Innovations LLC GS-35F-0429L Page 1

General Services Administration (GSA)

Federal Supply Service Authorized Federal Supply Schedule Price List

Multiple Award Schedule (MAS)

General Description of the Commodities and Services Offered

Special Item Description FSC/PSC Code 33411 Purchase of New Electronic

Equipment

811212 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts

J070

511210/54151

Software Licenses/Software Maintenance Services

7030, J070

54151HACS Highly Adaptive Cybersecurity Services (HACS)

D399

54151S Information Technology Professional Services

D399

LGS Innovations LLC

4090 Premier Drive High Point, NC 27265-8142

Phone: (336) 638-2976 Email: eleina.maturino@caci.com https://www.caci.com/contract/it-schedule-70-lgs-innovations-llc

Contract Number GS-35F-0429L Modification Number PS-0093 July 8, 2020 Period Covered by Contract May 31, 2001 through May 30, 2021 Business Size Large

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The INTERNET address GSA Advantage!® is: GSAAdvantage.gov.

For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov.

mailto:eleina.maturino@caci.com https://www.caci.com/contract/it-schedule-70-lgs-innovations-llc

LGS Innovations LLC GS-35F-0429L Page 2

TABLE OF CONTENTS

INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM

NUMBERS

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF NEW ELECTRONIC EQUIPMENT

(SIN 33411)

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICES & REPAIR

PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT (SIN 811212) (AFTER EXPIRATION OF

GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT

COVERED BY GUARANTEE/WARRANTY PROVISIONS)

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SIN 511210) AND

SOFTWARE MAINTENANCE SERVICES (SIN 54151) OF GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY SOFTWARE …

TERMS AND CONDITIONS APPLICABLE TO ORDER LEVEL MATERIALS (OLM) (SPECIAL

ITEM NUMBER OLM)

TERMS AND CONDITIONS APPLICABLE TO HIGHLY ADAPTIVE CYBERSECURITY

SERVICES (HACS) (SPECIAL ITEM NUMBERS 132-45)

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT)

PROFESSIONAL SERVICES (SIN 54151S)

PRODUCTS AND SERVICES PRICELIST

POINTS OF CONTACT FOR OBTAINING INFORMATION

COMPLETE LIFECYCLE SERVICES

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CUSTOMER INFORMATION:

1a. Table of awarded Special Item Number(s).

Special Item Number (SIN) Description 33411 Purchase of New Electronic Equipment 811212 Maintenance of Equipment, Repair Services and/or

Repair/Spare Parts 511210 Software Licenses 54151 Software Maintenance Services 54151HACS Highly Adaptive Cybersecurity Services 54151S Information Technology Professional Services OLM Order-Level Materials (OLM)

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply. See Price List

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. See Price List

2. Maximum order: $500,000

3. Minimum order: $100

4. Geographic coverage (delivery area): Domestic and Overseas Delivery

5. Point(s) of production: United States

6. Discount from list prices or statement of net price: All prices in the Schedule Pricelist are NET Prices after all discounts have been deducted. The prices stated in the Schedule Pricelist apply to all Federal agencies and educational institutions. No other discounts are offered.

7. Quantity discounts: None

8. Prompt payment terms: Net 30

9a. Government purchase cards are accepted at or below the micro-purchase threshold.

9b. Government purchase cards are accepted above the micro-purchase threshold.

10. Foreign items (list items by country of origin): None

11a. Time of delivery: 30 Days ARO

11b. Expedited Delivery: Contact Contractor

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11c. Overnight and 2-day delivery: Contact Contractor 11d. Urgent Requirements: Contact Contractor

12. F.O.B. point(s): For Electronic Data Management and Professional Services Organization products, shipment within the 48 contiguous states, District of Columbia, Alaska, Hawaii, U.S.

Commonwealths and Territories, and overseas will be FOB Destination. For other products (USA Marketing, etc.) FOB Destination for Domestic delivery. For Overseas delivery additional charges may apply.

13a. Ordering address(es): See Points of Contact section of this Schedule Pricelist for ordering and product information.

13b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

14. Payment address(es): As shown on invoice.

15. Warranty provision: Contact Contractor

16. Export packing charges, if applicable: Export packing, if required and ordered, is available outside the scope of this contract. Charges shall be provided by LGS Innovations LLC upon request.

17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level): The Government purchase card is an acceptable method for payments equal to or less than or greater than the micro-purchase threshold for oral or written delivery orders.

18. Terms and conditions of rental, maintenance, and repair: Contact Contractor

19. Terms and conditions of installation: Contact Contractor

20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices: Not Applicable

20a. Terms and conditions for any other services: Not Applicable

21. List of service and distribution points: Not Applicable

22. List of participating dealers: None

23. Preventive maintenance: Contact Contractor

24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants): Not Applicable

25. Data Universal Number System (DUNS) number: 789252132

26. Registration in the System for Award Management (SAM) database is current.

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TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF NEW ELECTRONIC

EQUIPMENT (SIN 33411)

1. MATERIAL AND WORKMANSHIP

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

2. ORDER

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

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

3. TRANSPORTATION OF EQUIPMENT

FOB DESTINATION. Prices for the video/audio teleconferencing solutions (LGS Innovations LLC Product Codes 0401***, 0402***,0403***,0404***) and the server/interface card hardware offered by the Electronic Data Management and Professional Services Organization as part of an integrated hardware/software solutions (LGS Innovations LLC Product Code: MMS-R1;

ACATSS-S) cover FOB Destination for any location within the geographic scope of this contract.

For other products (USA Marketing, etc.) FOB Destination for Domestic delivery. For Overseas delivery additional charges may apply.

4. INSTALLATION AND TECHNICAL SERVICES

a. INSTALLATION:

(1) LGS Innovations LLC pricing for the video/audio teleconferencing solutions (LGS Innovations LLC Product Codes 0401***, 0402***, 0403***, 0404***) represent material only. Labor and installation are offered separately utilizing the LGS Innovations LLC Professional Services GSA CLINS found in SIN 54151S. LGS Innovations LLC shall deliver and install the server/interface card hardware offered by the Electronic Data Management and Professional Services Organization as part of the integrated hardware/software solutions (LGS Innovations LLC Product Code: MMS-R1; ACATSS- S). The offered server/interface card hardware is not self-installable by the Government.

However, the Government has the option of providing their own server hardware and only purchasing the software and integration kit, if one is offered in the Products and Services Pricelist.

(2) The Government, at its own expense, will provide:

(i) Access to the installation location for equipment and personnel at times mutually agreed to by LGS Innovations LLC and the customer.

(ii) Adequate workspace, heat, light, ventilation and electrical outlets.

(iii) A secured and protected area for storage of tools and equipment near the installation location, if required.

(3) Installation is normally scheduled between 8 a.m. and 5 p.m., Monday through Friday, excluding LGS Innovations LLC and Government holidays. Any installation scheduled outside normal business hours at the Government’s request, or because of customer caused delays, are subject to premium charges outside the scope of this contract.

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(4) The Government is responsible for identification and removal of any hazardous material (e.g., asbestos) or correction of any hazardous condition at the Government’s premises that affects LGS Innovations LLC installation efforts. Installation schedule may be delayed by LGS Innovations LLC while the Government removes or corrects any hazard condition, with no liability, cost, or penalty to LGS Innovations LLC

b. INSTALLATION, DEINSTALLATION, REINSTALLATION.

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

For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis- Bacon Act apply. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis- Bacon Act.

The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotation is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 33411.

c. OPERATING AND MAINTENANCE MANUALS:

LGS Innovations LLC shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals, which are normally provided with the equipment being purchased.

5. INSPECTION/ACCEPTANCE

LGS Innovations LLC shall only tender for acceptance those items that conform to the requirements of this contract. Acceptance will be deemed to have occurred:

a. On the tenth calendar day after shipment where LGS Innovations LLC is not providing the installation.

b. On the installation date where LGS Innovations LLC is responsible for the installation, or

c. Except where otherwise shown in this Schedule.

6. WARRANTY

LGS PRODUCT WARRANTY:

a. Video/Audio Teleconferencing Solutions (LGS Innovations LLC Product Codes

0401***,0402***,0403***,0404***) –The custom equipment warranty applies to all new integrated multimedia systems, which are provided by LGS Innovations LLC Newly installed electronic components are warranted for a period of 90 days following the date of equipment acceptance (test & acceptance plan). This includes all workmanship and custom room controller software done by LGS Innovations LLC Equipment additions or enhancements installed after installation of the basic systems are warranted for a period of ninety (90) days following installation. This warranty covers

LGS Innovations LLC GS-35F-0429L Page 7 repair and/or replacement of multimedia room equipment electronic components only.

The warranty does not cover the diagnostic testing needed to identify the faulty component, nor does it cover the removal and the installation of the item once it has been repaired or replaced. Whether the equipment is repaired or replaced will be at the discretion of LGS Innovations LLC. Service calls, preventive maintenance, diagnostic testing, and the removal and the replacement of components can be covered by a full maintenance contract with LGS Innovations LLC

Electronic Data - The server/interface card hardware offered by the Electronic Data Management and Professional Services Organization (LGS Innovations LLC Product Code: MMS-R1; ACATSS-S) is warranted for a 90 day period as specified in this schedule pricelist and the Products and Services Pricelist. During the warranty period, all broken or defective parts not caused by accident or misuse through fault or negligence by the Government shall be repaired or replaced (including labor and parts) at LGS Innovations LLC expense, including transportation costs, if any. Repair or replacement parts may be new, remanufactured, or refurbished which are warranted as new. The removed parts will become the property of LGS Innovations LLC

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

c. The warranty provided does not cover repair for damages, malfunctions, or service failures caused by:

(1) Actions of non-LGS Innovations LLC personnel.

(2) Attachment of non-LGS Innovations LLC equipment to the products.

(3) Abuse, misuse or negligent acts.

(4) Fire, explosion, pest damage, power failures, power surges, lightning, strike or labor dispute, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, unauthorized use of products, or other causes beyond LGS Innovations LLC control whether or not similar to the foregoing.

d. Limitation of Liability:

(1) EXCEPT AS EXPRESSLY SET FORTH IN WRITING IN THIS CONTRACT

AND EXCEPT FOR THE IMPLIED WARRANTY OF MERCHANTABILITY,

THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED AND LGS

INNOVATIONS LLC WILL NOT BE LIABLE TO THE GOVERNMENT FOR

CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT OR

DEFICIENCIES IN ACCEPTED ITEMS.

(2) The entire liability of LGS Innovations LLC and the exclusive remedy of the Government for breach of the above warranty shall be the repair or replacement of the equipment. Provided, however, that in the event that such remedy for breach of warranty fails of its essential purpose, LGS Innovations LLC shall then, as Government’s sole and exclusive remedy, and upon returning the defective equipment, reimburse the Government for that part of the equipment as to which the Government has a claim, in the amount not to exceed the purchase price of the equipment.

e. Inspection and repair of defective server / interface card hardware (LGS Innovations LLC Product Code: MMS-R1; ACATSS-S) provided under this warranty will normally be performed at the customer location where it was installed. If LGS Innovations LLC

LGS Innovations LLC GS-35F-0429L Page 8 removes the equipment to its establishment for repairs, it will be responsible for any damage or loss from the time the equipment is removed from the Government’s installation until the equipment is returned to such installation.

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

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

How to Return: To return products, you must contact LGS Innovations (14) days from the date on the packing slip or invoice and receive a Credit Return Authorization Number. You must obtain a Credit Return Authorization Number in order to return the product. Products returned without a Credit Return Authorization Number will be refused delivery. Contact LGS -336-279-3172/3078.

Further return instructions will be provided upon request of a Credit Return Authorization Number.

8. RESPONSIBILITIES OF LGS INNOVATIONS LLC

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

9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

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

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TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICES AND

REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE

COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (AFTER EXPIRATION OF

GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT

COVERED BY GUARANTEE/WARRANTY PROVISIONS) (SIN 811212)

1. SERVICE AREAS

LGS PRODUCTS:

a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. In addition, Video Teleconferencing Electronic Room Equipment Maintenance Services are available for locations overseas and shall be separately priced.

b. When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the LGS Innovations LLC plant(s) listed below:

Video Teleconferencing Electronic Room Equipment LGS Innovations LLC Multimedia Services Customer Support Center Room E2M31 5440 Millstream Road McLeansville, NC 27301 4090 Premier Dr.

High Point, NC 27265

2. MAINTENANCE ORDER

LGS PRODUCTS:

a. Agencies may use written orders, EDI orders, credit card orders or BPAs for ordering maintenance under this contract. LGS Innovations LLC shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 811212). Automatic acceptance of order renewals for maintenance service shall apply for machines that may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by LGS Innovations LLC as prescribed by this paragraph, the order shall be considered to be confirmed by LGS Innovations LLC

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

c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by LGS Innovations LLC Such notice to become effective thirty (30) calendar days from the date on the notification. However, the

LGS Innovations LLC GS-35F-0429L Page 10 ordering activity may extend the original discontinuance date upon written notice to LGS Innovations LLC, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date.

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

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

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

g. Orders for video teleconferencing electronic room equipment maintenance service shall include the three items listed below. It is recommended that the customer contact the LGS Innovations LLC Multimedia Services Customer Support Center, 800-882-3286, to review the customer’s current room configuration and equipment prior to placing the order.

(1) A complete description of the types and numbers of equipment to be covered under the order. The inventory listing shall include manufacturer and manufacturer product/model numbers and will be used to determine the specific maintenance service to be provided (i.e. room configuration, additional equipment, etc.).

(2) Accurate drawings block diagrams and/or schematics showing cable runs of control, video and audio wiring runs, reference manuals for equipment not presently maintained by LGS Innovations LLC and room controller software (must be a copy of the source and executable code). Software that must be rewritten or modified by LGS Innovations LLC prior to providing maintenance will require a Site Survey (see paragraph 7b (3) (b) for Site Survey explanation).

(3) A customer issuing the order represents that the customer is the owner of the equipment to be maintained or is the lessee of the equipment and has the product owner’s authorization to order the video teleconferencing electronic room equipment maintenance service.

3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

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

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

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4. LOSS OR DAMAGE

a. When LGS Innovations LLC removes equipment to its establishment for repairs, LGS

Innovations LLC shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation.

b. For video teleconferencing electronic room equipment serviced by LGS Innovations LLC under time and material, the Government shall be responsible for any damage incurred during shipment to the Multimedia Services Customer Support Center. LGS Innovations LLC shall be responsible for any damage incurred in the return shipment to the Government installation.

5. SCOPE

For Video Teleconferencing Electronic Room Equipment:

a. LGS Innovations LLC shall provide maintenance for all video teleconferencing electronic room equipment listed herein, as requested by the Government agency during the contract term. LGS Innovations LLC does not offer nor shall it provide maintenance for the server/interface card hardware offered by the Electronic Data Management and Professional Services Organization as part of the integrated hardware/software solutions (LGS Innovations LLC Product Code: MMS-R1; ACATSS-S). Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Multiple Award Schedule (MAS).

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

(1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by LGS Innovations LLC, without charge to the Government.

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

(3) If the equipment was not under LGS Innovations LLC’s responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the Government, in accordance with the provisions of Special Item Number 811212 (or outside the scope of this contract).

c. LGS Innovations LLC maintenance service includes remedial maintenance required by products when used under normal operation conditions. Replacement parts and products may, at the discretion of LGS Innovations LLC, be new, remanufactured, or refurbished, and will be furnished on an exchange basis. The removed parts and products will become the property of LGS Innovations LLC

d. Maintenance required to repair damages, malfunctions, or service failures caused by the following are not covered:

(1) Actions of non-LGS Innovations LLC personnel.

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(2) Failure to follow LGS Innovations LLC installation, operation or maintenance instructions, including customer failure to permit LGS Innovations LLC remote access to equipment.

(3) Attachment of non-LGS Innovations LLC equipment to the products without notification of such to LGS Innovations LLC

(4) Failure of products not maintained by LGS Innovations LLC

(5) Abuse, misuse, or negligent acts by the Government.

(6) Fire, explosion, pest damage, power failures, power surges, lightning, strike or labor dispute, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, unauthorized use of products, or other causes beyond LGS Innovations LLC control whether or not similar to the foregoing.

e. LGS Innovations LLC may agree to perform maintenance services in such instances above on a time and materials basis outside the scope of this contract.

f. LGS Innovations LLC video teleconferencing electronic room equipment maintenance service includes the service components listed below:

(1) Hotline Support: through Toll Free 800 Number 7:00 a.m. – 7:00 p.m. EST/EDST, Monday – Friday (excluding LGS Innovations LLC and Government holidays).

(2) Single Point of Contact (SPOC): through Multimedia Services Customer Support Center, Greensboro, NC.

(3) On-Site Technical Support: through Field Service Support (FSS) 7:00 a.m. – 5:00 p.m. Local Time, Monday – Friday (excluding LGS Innovations LLC and Government holidays).

(4) Response Time of: Four hours – Major Outage (Video Room out-of-service);

Twenty-Four hours – Minor outage (equipment item not operational).

(5) Spares Warehousing and Support (of customer owned spares): Spare equipment is a critical component of any maintenance program. The customer’s out-of-service time is affected by the level of available spares.

(6) Remote Diagnostic Maintenance Support: Requires customer provided POTS (plain old telephone service) line for dial-in and customer interface equipment must be technically acceptable and interoperable with LGS Innovations LLC equipment.

(7) Trouble Ticket Tracking and Closure: LGS Innovations LLC will establish a trouble ticket and issue a number to the customer for all reported troubles/outages. LGS Innovations LLC will notify the customer upon resolution of the trouble/outage, provide an explanation of what action was taken and confirm that the trouble ticket can be closed.

6. RESPONSIBILITIES OF THE ORDERING ACTIVITY

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

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

c. Customer responsibilities for video teleconferencing electronic room equipment maintenance service is as follows:

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(1) Access to the video room must be provided as soon as practical to ensure LGS Innovations LLC can provide the level of maintenance service offered.

(2) After initiation of maintenance service, and prior to any relocation, move, or installation of additional equipment, the customer must notify LGS Innovations LLC of such to permit LGS Innovations LLC to determine what effect the relocation, move or addition will have on the maintenance service provided by LGS Innovations LLC

(3) Trouble/outages shall be reported through the Toll Free 800 Number. At the beginning of the call a trouble ticket number will be assigned to track the trouble/outage.

The customer must reference this number for future calls related to the trouble/outage.

7. RESPONSIBILITIES OF CONTRACTOR

LGS:

a. For equipment not covered by a maintenance contract or warranty, LGS Innovations LLC’s repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. The repair service will be provided in accordance with the scope of the service offerings included in this contract or on a time and materials basis.

b. LGS Innovations LLC video teleconferencing electronic room equipment maintenance services supports specific room configurations, individual types of equipment, or support items as described below. The maintenance service described below does not include stock replenishment or replacement of logistically non-supportable or manufacturer discontinued equipment.

(1) Maintenance service, charged monthly, is limited to the types and numbers of equipment listed in the schedule pricelist. If an equipment item is not listed, or if the number of items exceeds that in the configuration description, then additional separately priced maintenance service applies.

(2) Maintenance service, charged monthly, is also available for the standalone equipment to provide support equipment or additional equipment not included in the room configuration maintenance service above. See pricelist for product listing and pricing.

(3) In addition to the video teleconferencing electronic room equipment maintenance service there are two additional types of support available to video customers.

(a) Site Survey: LGS Innovations LLC will perform an on-site survey to support various customer needs, such as, determine the appropriate room configuration, review customer equipment not currently supported by the existing order codes to establish a new service offering and prices, discuss or design video teleconferencing room upgrades, or other support as requested by the video teleconferencing room customer. The price includes all labor and Travel and Living charges for one trip of one person for one day to any location within the geographic scope of this contract.

(b) Other Technical Assistance: LGS Innovations LLC will provide technical assistance in support of customer requirements outside the scope of this contract, such as, on- site preventive maintenance, video teleconference room facilitator training, new room installations and room upgrades. The LGS Innovations LLC technical assistance will be provided under firm fixed price or time and material quotes. Technical assistance Travel and Living charges will be estimated in the quote and charged in accordance with the Federal Travel Regulation.

8. MAINTENANCE RATE PROVISIONS LGS:

a. LGS Innovations LLC shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, LGS Innovations LLC GS-35F-0429L Page 14 provided that the required repairs are not occasioned by fault or negligence of the ordering activity.

b. REGULAR HOURS:

The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during the periods cited below. The regular hours for Video Teleconferencing Electronic Room Equipment are:

(1) Hotline support through Toll Free 800 7:00 a.m. – 7:00 p.m. EST/EDST, Monday – Friday (excluding LGS Innovations LLC and Government holidays)

(2) On-Site Technical Support through Field Service Support (FSS) 7:00 a.m. – 5:00 p.m. Local Time, Monday – Friday (excluding LGS Innovations LLC and Government holidays)

c. AFTER HOURS: Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, is specified below in paragraph 9.d. Video Teleconferencing Electronic Room Equipment maintenance support will be provided by LGS Innovations LLC on a Time and Materials basis (minimum 2 hours), if scheduled through the Greensboro Technical Assistance Center not later than 7:00 p.m. EST/EDST, Monday – Friday.

d. TRAVEL AND TRANSPORTATION:

There is no charge for travel and transportation over and above the regular maintenance rates, because of the distance between the Government location and LGS Innovations LLC’s service area.

9. REPAIR SERVICE RATE PROVISIONS LGS:

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

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

c. TRAVEL OR TRANSPORTATION:

(1) At LGS Innovations LLC Location:

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

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

(2) At the Ordering Activity Location (Within Established Service Areas):

When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge, time, or expense

LGS Innovations LLC GS-35F-0429L Page 15 will be allowed for travel or transportation of technicians or machines to or from the ordering activity office; such overhead is included in the repair service rates listed.

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

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

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

d. LABOR RATES:

(1) REGULAR HOURS:

The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of LGS Innovations LLC holidays and holidays observed at the ordering activity location.

There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of LGS Innovations LLC

(2) AFTER HOURS:

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

(3) SUNDAYS AND HOLIDAYS:

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

REPAIR SERVICE HOURLY RATES

Min. Charge Reg. Hrs.

0300TM1

After Hrs.

0300TM2

Sun. & Holidays

0300TM3

LGS Innovations LLC GS-35F-0429L Page 16

LGS

Location

2Hrs. $198.03 $297.60 $396.05

Gov’t Location

2Hrs. $198.03 $297.60 $396.05

10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS

Repair or replacement parts used in connection with remedial maintenance and repair to existing equipment or systems at time and materials rates may be new, remanufactured, or refurbished, which are warranted as new. All parts shall be furnished at prices including the current LGS Innovations LLC loaded rate.

11. GUARANTEE/WARRANTY—REPAIR SERVICE AND REPAIR PARTS/SPARE

PARTS

LGS PRODUCTS:

a. Repair Service:

All repair work will be guaranteed/warranted for a period of 90 days.

b. Repair Parts/Spare Parts: All parts, furnished either as spares or repairs parts, will be guaranteed/warranted for a period of 90 days.

12. INVOICES AND PAYMENTS LGS:

a. Maintenance Service:

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

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

b. Repair Service and Repair Parts/Spare Parts: Invoices for repair service and parts shall be submitted by LGS Innovations LLC as soon as possible after completion of work.

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

BE SHOWN ON THE INVOICE.

LGS Innovations LLC GS-35F-0429L Page 17

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SIN 511210) AND

SOFTWARE MAINTENANCE SERVICES (SIN 54151) OF GENERAL PURPOSE

COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE

1. INSPECTION/ACCEPTANCE

LGS Innovations LLC shall only tender for acceptance those items that conform to the requirements of this contract. Acceptance will be deemed to have occurred:

a. On the tenth calendar day after shipment of licensed programs not having a testing period, or

b. For licensed programs having a testing period, on the day following the last day of the testing period or the first day of productive use, whichever occurs first.

2. ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS (EULA)

The Contractor shall provide all Enterprise User License Agreements in an editable Microsoft Office (Word) format.

3. GUARANTEE/WARRANTY

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

LGS Innovations LLC warrants that the Electronic Data Management and Professional Services Organization software will perform substantially in conformance with LGS Innovations LLC’s published specifications for 90 days. LGS Innovations LLC warrants that any hardware supplied by LGS Innovations LLC will enable the software to perform substantially in accordance with LGS Innovations LLC’s published specifications for the duration of the software warranty. LGS Innovations LLC’s sole responsibility for breach of this warranty shall be, at LGS Innovations LLC’s discretion, repair or replacement of the software or hardware to assure conformance with this warranty or refund the fees paid therefore. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND ANY

OTHER INCORPORATED ORDER, LGS INNOVATIONS LLC MAKE NO OTHER

WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT

LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE.

b. LGS Innovations LLC 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, LGS Innovations LLC will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.

3. TECHNICAL SERVICES

a. Technical services are available during the offered warranty period and as part of software maintenance and support offers. These services include:

(1) Electronic Data Management and Professional Services Organization Software. LGS Innovations LLC, without additional charge to the Government, shall provide a hot line technical support number 800-654-4016 for the purpose of providing user assistance and guidance in the implementation of the Electronic Data Management and Professional

LGS Innovations LLC GS-35F-0429L Page 18

Services Organization Software and Software Support. The technical support number is available 8 hours per day from 8:00 a.m. to 5:00 p.m. EST/EDST, Monday – Friday.

b. Technical services for customers outside the warranty period and not having a software maintenance agreement are available through the software engineering rates below. The engineering support will be accomplished through an order received from the Government in response to a firm fixed price or time and material quote using the rates below.

(1) Senior Software Engineer – $228.01 per hr. (2) Software Engineer – $196.55 per hour.

4. SOFTWARE MAINTENANCE

a. Software maintenance service shall include the following:

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

1. Software Maintenance as a Product (SIN 511210) 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 54151) 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, online 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.

Electronic Data Management and Professional Services Organization software maintenance and support includes:

(a) Replace all defective materials.

(b) Resolve sub-version software defects (bugs).

(c) Provide all sub-version maintenance releases.

(d) Provide business day telephone (800-654-4016) Help Desk support Monday through Friday 8 a.m. to 5 p.m. EST/EDST, excluding LGS Innovations LLC and Government holidays.

(e) Installation assistance for customer administrators.

(f) Network configuration assistance for customer administrators.

(g) Answer customer administrator questions related to Microsoft Windows , LGS Innovations LLC Electronic Data Management and Professional Services Organization products and Government host systems accessed by LGS Innovations LLC products.

(h) Provide E-Mail 2 business day response via Internet at abrame@lgsinnovations.com.

LGS Innovations LLC GS-35F-0429L Page 19

(i) Provide an Information and Support Internet WebPage at www.ec-edi.com.

(j) Provide all future software updates to the purchased version, including feature upgrades and enhancements.

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

5. PERIODS OF MAINTENANCE (54151)

a. LGS Innovations LLC shall honor orders for periods for the duration of the contract period or a lesser period of time.

b. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to LGS Innovations LLC

c. Annual Funding. When annually appropriated funds are cited on an order for maintenance, the period of the maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first.

Renewal of the maintenance orders citing the new appropriation shall be required, if the maintenance is to be continued during any remainder of the contract period.

d. Cross-Year Funding Within Contract Period. Where an ordering office’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering 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 LGS Innovations LLC in writing thirty (30) calendar days prior to the expiration of an order, if the maintenance is to be terminated at that time. Orders for the continuation of maintenance will be required if the maintenance is to be continued during the subsequent period.

6. UTILIZATION LIMITATIONS - (511210 AND 54151)

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 LGS Innovations LLC, unless otherwise specified.

(2) Software licenses are by site and by ordering agency. An ordering agency is defined as a cabinet level or independent ordering agency. 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.