MAS - Bias Corporation - GS35F0558U

GENERAL SERVICES ADMINISTRATION

MULTIPLE AWARD SCHEDULE

AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST

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: http://www.gsaadvantage.gov.

CONTRACT NUMBER: GS-35F-0558U

Period Covered by Contract:

August 22, 2008 through August 21, 2023

Price List Current Through:

Modification # PO-0058, dated January 18, 2021

Contractor:

BIAS Corporation

1801 Old Alabama Road, Suite 300 Roswell, GA

30076

Phone:

(770) 352-0151

Email:

gsaadmin@biascorp.com

Website:

biascorp.com

Business Size:

Small http://www.gsaadvantage.gov/ mailto:gsaadmin@biascorp.com http://www.biascorp.com/

TABLE OF CONTENTS

CUSTOMER INFORMATION

TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY PURCHASING OF NEW ELECTRONIC EQUIPMENT SPECIAL ITEM NUMBER 33411

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE 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) AND FOR LEASED EQUIPMENT SPECIAL ITEM NUMBER

811212

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES SPECIAL ITEM NUMBER 511210 AND

SOFTWARE MAINTENANCE SPEICAL ITEM NUMBER 54151 OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY SOFTWARE

TERMS AND CONDITIONS APPLICABLE TO CLOUD & CLOUD-RELATED IT PROFESSIONAL SERVICES SPECIAL

ITEM NUMBER 518210C

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES SPECIAL

ITEM NUMBER 54151S

USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS

BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE

BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS”

APPENDIX I ORACLE HARDWARE GSA SUPPLEMENTAL TERMS AND CONDITIONS v103119

APPENDIX II ORACLE SOFTWARE PROGRAMS AND/OR SERVICES GSA SUPPLEMENTAL TERMS AND

CONDITIONS v103119

APPENDIX III ORACLE CLOUD SERVICES GSA SUPPLEMENTAL TERMS AND CONDITIONS V103119 62

BIAS Corporation GS-35F-0558U Page 3

1a. Table Of Awarded Special Item Number(s) With Appropriate Cross-Reference To Item Descriptions And Awarded Price(s).

Special Item No. 33411 Purchasing of New Electronic Equipment

Special Item No. 811212 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts

Special Item No. 511210 Software Licenses

Special Item No. 54151 Software Maintenance Services

Special Item No. 518210C Cloud & Cloud-Related IT Professional Services

Special Item No. 54151S Information Technology (IT) Professional Services

Special Item No. OLM Order-Level Materials

1b. Identification Of The Lowest Priced Model Number And Lowest Unit Price For That Model For Each Special Item Number Awarded

In The Contract

SIN MFG Mfr Part # Description GSA Price

33411 Oracle America, Inc. 7107465

One DDR4 memory DIMM filler panel (for factory installation) $0.00

811212 Oracle America, Inc. Multiple Hardware Support

% varies based on HW purchase price

511210 Oracle America, Inc. L93963

TimesTen In-Memory Database for Exalytics - Named

User Plus Perpetual $213.00

54151 Oracle America, Inc. Multiple Software Update License & Support

% varies based on SW purchase price

518210C Oracle America, Inc. B85253

Oracle Maps Cloud Service for PeopleSoft - Hosted

Employee - Monthly Subscription Price (Note 2: See the

Oracle Fusion Cloud Service Global Price List

Supplement for details on prerequisites and additional requirements) $0.01

54151S BIAS Corporation PRG100 Programmer, Associate $102.78

1c. Hourly Rates

Please see pages 24 through 35 for the Description of IT Services and Pricing.

2. Maximum Order

The maximum order value for the following Special Item Numbers is:

SIN Description Maximum Order

33411 Purchasing of New Electronic Equipment $500,000

811212 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts $500,000

511210 Software Licenses $500,000

54151 Software Maintenance Services $500,000

518210C Cloud & Cloud-Related IT Professional Services $500,000

54151S Information Technology (IT) Professional Services $500,000

OLM Order-Level Materials $500,000

Any order exceeding the maximum order threshold is subject to acceptance by BIAS Corporation.

3. Minimum Order

The minimum dollar value of orders to be issued is $100.

4. Geographic Coverage (Delivery Area)

Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories.

Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

CUSTOMER INFORMATION

BIAS Corporation GS-35F-0558U Page 4

5. Point of Production

SIN Description Point of Production

33411 Purchasing of New Electronic Equipment Varies

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

511210 Software Licenses United States

54151 Software Maintenance Services Varies

518210C Cloud & Cloud-Related IT Professional Services United States

54151S Information Technology (IT) Professional Services Not Applicable

OLM Order-Level Materials Varies

6. Discount From List Prices Or Statement Of Net Price

Prices shown herein are Net (discounts deducted).

7. Quantity Discounts

No quantity discounts unless otherwise specified in the pricelist.

8. Prompt Payment Terms

0% - Net 30 days from receipt of invoice or date of acceptance, whichever is later.

9. Government Purchase Cards

Government purchase cards are accepted at or below the micro-purchase threshold and above the micro-purchase threshold.

10. Foreign Items

Please see the authorized price list for information regarding county of origin.

11a. Time Of Delivery

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

SIN Delivery Time (Days ARO)

33411 30 days

811212 30 days

511210 7 days

54151 7 days

518210C 30 days

54151S As agreed upon with ordering activity

OLM As agreed upon with ordering activity

11b. Expedited Delivery

Quicker delivery times than those set forth in the Schedule Contract Pricelist are available from the Contractor based on the availability of product inventory. Improved delivery times in the number of days after receipt of an order (ARO) if available, are as negotiated between the ordering activity and the Contractor.

11c. Overnight And 2-Day Delivery

Not Applicable.

12. F.O.B. Point

Destination.

13a. Ordering Address:

BIAS Corporation

1801 Old Alabama Road, Suite 300

Roswell, GA 30076

13b. Ordering Procedures

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

c. FAR 8.405-3 Ordering procedures for information on Blanket Purchase Agreements (BPA’s)

d. GSAR 552.238-115 Special Ordering Procedures for the Acquisition of Order-Level Materials (OLM); Special Item Number

OLM

BIAS Corporation GS-35F-0558U Page 5

14. Payment Address

BIAS Corporation

1801 Old Alabama Road, Suite 300

Roswell, GA 30076

15. Warranty Provision

Please see the attached Appendices for warranty provisions.

16. Export Packing Charges (if applicable)

No Applicable.

17. Terms And Conditions Of Government Purchase Card Acceptance (Any Thresholds Above The Micro-Purchase Level)

No Restrictions.

18. Terms And Conditions Of Rental, Maintenance, And Repair

Not Applicable.

19. Terms And Conditions Of Installation

Installation and other related support services, if available for a specific product is addressed within the following SIN terms and conditions and Appendices.

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

Other services, if available for a specific product is addressed within the following SIN terms and conditions and Appendices.

21. List Of Service And Distribution Points

Not Applicable.

22. List Of Participating Dealers

Not Applicable.

23. Preventative Maintenance

Not Applicable.

24a. Special Attributes Such As Environmental Attributes

Not Applicable.

24b. Indicate That Section 508 Compliance Information Is Available On Electronic And Information Technology

Please contact BIAS Corporation at gsaadmin@biascorp.com.

25. Data Universal Number System (DUNS) Number

183205462

26. Notification Regarding Registration In System For Award Management (SAM) Database

BIAS Corporation has an active registration in the SAM database.

mailto:gsaadmin@biascorp.com

BIAS Corporation GS-35F-0558U Page 6

1. MATERIAL AND WORKMANSHIP

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

2. ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements

(BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order.

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

3. TRANSPORTATION OF EQUIPMENT

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

4. INSTALLATION AND TECHNICAL SERVICES

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

Installation requirements and manufacturer provided support for installation varies among the products offered on this contract. Contractor will make available to the Government the manufacturer’s commercially offered installation support that is provided with the purchase of the product. Contractor will make available to the Government for separate purchase optional manufacturer and non-manufacturer installation support in addition to the standard support provided with the product.

Equipment offered under this contract generally must be installed in a suitable physical environment. The Government is responsible to provide an environment meeting the specifications commercially required by the manufacturers.

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 applies.

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made or applicable construction classified installation, deinstallation, and reinstallation services under SIN 33411.

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

5. INSPECTION/ACCEPTANCE

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its 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 item, unless the change is due to the defect in the item.

6. WARRANTY

a. Unless specified otherwise in this contract in Appendix I Oracle Hardware GSA Supplemental Terms and Conditions v040419, the manufacturer’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

i. Oracle America, Inc provides a limited warranty for the Sun Hardware, including the Sun Software media. Oracle

America, Inc warrants that the Sun hardware will be free from material defects in materials and workmanship for one year from the date the Sun Hardware is shipped to the ordering activity. Oracle America, Inc warrants that the

Sun Software media will be free from material defects in materials and workmanship for a period of 90 days from the date the Sun Software media is shipped to the ordering activity. ORACLE AMERICA, INC DOES NOT WARRANT

UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUN HARDWARE. The details of this limited hardware warranty are provided at http://www.oracle.com/support/policies.html (“the warranty web page”). Any changes to

TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY PURCHASING OF NEW ELECTRONIC EQUIPMENT

SPECIAL ITEM NUMBER 33411

BIAS Corporation GS-35F-0558U Page 7 the hardware warranty details specified on the warranty web page will not apply to Sun Hardware ordered prior to such change.

ii. No warranty will apply to the Sun Hardware or to the Sun Software media which has been:

a. modified, altered or adapted without Oracle America, Inc’s written consent (including modification by removal of the Oracle America, Inc/Sun serial number tag on the Sun Hardware);

b. maltreated or used in a manner other than in accordance with the relevant documentation;

c. repaired by any third party in a manner which fails to meet Oracle America, Inc’s quality standards;

d. improperly installed by any party other than Oracle America, Inc or an authorized Oracle America, Inc certified installation partner;

e. used with equipment or software not covered by the warranty, to the extent that the problems are attributable to such use;

f. relocated without Oracle America, Inc’s written consent, to the extent that problems are attributable to such relocation;

g. used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations;

h. used by parties appearing on the most current U.S. export exclusion list;

i. relocated to countries subject to U.S. trade embargo or restrictions;

j. used remotely to facilitate any activities in the countries referenced in (i) above; or

k. purchased from any entity other than Oracle America, Inc or an Oracle America, Inc authorized reseller.

b. Limitation of Liability. THE ORDERING ACTIVITY’S SOLE AND EXCLUSIVE REMEDY AND ORACLE AMERICA, INC’S ENTIRE

LIABILITY FOR BREACH OF THE ABOVE WARRANTY WILL BE THE REPAIR OR, AT ORACLE AMERICA, INC’S OPTION AND

EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY

ACHIEVABLE, THE REFUND OF THE PURCHASE PRICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL EXPRESS OR

IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF

MERCHANTABILIITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, ARE

HEREBY EXCLUDED.

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN

CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC

ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR

FAILS OF ITS ESSENTIAL PURPOSE. SOME STATE AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ORDERING ACTIVITY.

Parts or components which are replaced under the applicable warranty may not be new. Title in all defective parts which are removed from the Sun Hardware under applicable warranty shall transfer back to Oracle America, Inc.

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

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

8. RESPONSIBILITIES OF THE CONTRACTOR

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

9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

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

BIAS Corporation GS-35F-0558U Page 8

1. SERVICE AREAS

a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 25-mile radius of the Contractor's service points. If any additional charge is to apply because of the greater distance from the Contractor's service locations, the mileage rate or other distance factor shall be stated in paragraphs 7.d and 8.d of this Special Item

Number 811212.

b. When repair services cannot be performed at the Ordering Activity installation site, the repair services will be performed at the Manufacturer’s or authorized service provider’s plant(s).

2. MAINTENANCE ORDER

a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The

Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 811212). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor.

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

c. Maintenance may be discontinued by the Government on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification.

However, the Government may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date.

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

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

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

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

3. LOSS OR DAMAGE

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

4. SCOPE

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

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

i. In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the Government.

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

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE 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) AND FOR LEASED EQUIPMENT

SPECIAL ITEM NUMBER 811212

BIAS Corporation GS-35F-0558U Page 9

iii. If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the Government, in accordance with the provisions of Special Item Number

811212 (or outside the scope of this contract).

5. RESPONSIBILITIES OF THE ORDERING ACTIVITY

a. Government personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract, unless agreed to by the contractor.

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

6. RESPONSIBILITIES OF THE CONTRACTOR

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

7. MAINTENANCE RATE PROVISIONS

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

See price list.

b. REGULAR HOURS

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

c. TRAVEL AND TRANSPORTATION

If any charge is to apply, over and above the regular maintenance rates because of the distance between the Government location and the Contractor’s service area, the charge will be negotiated at the Task Order level in accordance with the current

Joint Travel Regulations.

8. WARRANTY

Unless specified otherwise in this contract in Appendix I Oracle Hardware GSA Supplemental Terms and Conditions v040419, the manufacturer’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

9. INVOICES AND PAYMENTS

Invoices for hardware maintenance as a service shall be submitted by the Contractor on a quarterly basis after the completion of such period. Charges for hardware maintenance as a service must be paid in arrears in accordance with 31 U.S.C. 3324.

10. HARDWARE SUPPORT

Mfr Part # Description

B58121 Oracle Premier Support for Systems - fully integrated, single-price support for system hardware, integrated software (such as firmware), and operating system software (Oracle Solaris, Oracle Linux, and Oracle VM) for both server and storage systems. Oracle de-installs nonfunctioning disk drives, flash devices, or cards containing non-volatile RAM and replaces them with equivalent Oracle-authorized replacements. The customer retains the devices allowing for secure control of any sensitive data.

The fees for Oracle Premier Support for Systems is 12% of the net hardware systems product fees.

B58122 Oracle Customer Data and Device Retention - enables the secure retention of nonfunctioning disk drives, flash devices and non-volatile RAM cards containing sensitive data that have been removed from Oracle’s systems. Maintain control of data that has outlived its purpose yet is still business-critical and avoid exposure to data loss or unforeseen compromise.

The fees for Oracle Customer Data and Device Retention is 3% of the net hardware systems product fees.

B58123 Oracle Premier Support for Operating Systems - complete Operating System support and on-demand product updates for Oracle Solaris, Oracle Linux, and Oracle VM.

The fees for Oracle Premier Support for Operating Systems is 8% of the net hardware systems product fees.

B58179 Oracle Premier Support for Systems – Renewal Partner - fully integrated, single-price support for system hardware, integrated software (such as firmware), and operating system software (Oracle

Solaris, Oracle Linux, and Oracle VM) for both server and storage systems. Oracle de-installs nonfunctioning disk drives, flash devices, or cards containing non-volatile RAM and replaces them

BIAS Corporation GS-35F-0558U Page 10 with equivalent Oracle-authorized replacements. The customer retains the devices allowing for secure control of any sensitive data.

B58180 Oracle Customer Data and Device Retention – Renewal Partner - enables the secure retention of nonfunctioning disk drives, flash devices and non-volatile RAM cards containing sensitive data that have been removed from Oracle’s systems. Maintain control of data that has outlived its purpose yet is still business-critical and avoid exposure to data loss or unforeseen compromise.

B58181 Oracle Premier Support for Operating Systems – Renewal Partner - complete Operating System support and on-demand product updates for Oracle Solaris, Oracle Linux, and Oracle VM.

BIAS Corporation GS-35F-0558U Page 11

1. INSPECTION/ACCEPTANCE

For each program for which delivery is required, acceptance shall be deemed to occur five (5) business days from the date of receipt.

Orders for licenses of programs that have been delivered previously, as well as orders for technical support services, do not require delivery, and shall be deemed accepted upon the effective date of an executed order. Fees paid for programs and technical support services are non-refundable.

2. GUARANTEE/WARRANTY

Unless specified otherwise in this contract in Appendix II Oracle Software Programs and/or Services GSA Supplemental Terms and

Conditions v040419, the manufacturer’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.

3. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (888) 907-0352 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available weekdays from 8 am to 6 pm EST.

4. SOFTWARE MAINTENANCE

a. Software maintenance as it is defined:

___ 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.

_X_ Software Maintenance as a Service (SIN 511210)

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. Additional terms and conditions for Software Maintenance are included in Appendix II Oracle Software Programs and/or

Services GSA Supplemental Terms and Conditions v040419.

5. PERIODS OF TERM LICENSES (SIN 511210) AND MAINTENANCE (SIN 54151)

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

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

c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period.

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

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

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES SPECIAL ITEM NUMBER 511210 AND SOFTWARE

MAINTENANCE SPEICAL ITEM NUMBER 54151 OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

SOFTWARE

BIAS Corporation GS-35F-0558U Page 12

6. 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 prevailing at the time of conversion from a term license to a perpetual license minus an amount equal to the conversion/upgrade credit applicable at the time of conversion.

e. When upgrading term licenses to a longer term (including perpetual), ordering activities must maintain at least the same license configuration.

7. TERM LICENSE CESSATION

Upon cessation of a term license under this Agreement, ordering activities shall discontinue use and destroy or return all copies of the programs and documentation.

8. UTILIZATION LIMITATIONS (SIN 511210 & 54151)

a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. “Programs” includes all programs, software, databases, updates, documentation, media, and technical data licensed, developed and/or delivered to an ordering activity hereunder, all of which shall be deemed to be “commercial items” and “commercial computer software” pursuant to the FAR.

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

i. Title to and ownership of the software and documentation shall remain with the Contractor or its licensors, unless otherwise specified.

ii. Software licenses are by ordering activity. The software may be used by any subdivision of the ordering activity

(service, bureau, division, command, etc.) that has been licensed to use the software, even if the subdivision did not participate in the acquisition of the software, provided the terms of the applicable software license conditions (including the requisite Oracle quantity or metric limitations) are satisfied. Definitions for the licensing metrics and term designation, as well as the licensing rules are listed in Appendix I.

iii. 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 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.

iv. The ordering activity shall have the limited right to use the programs ordered by it solely for its internal business operations and subject to the terms of this contract, including for Oracle software the definitions and rules set forth in Appendix I. An ordering activity may allow its agents and contractors to use the programs for this purpose, subject to the terms of this contract. Provided the terms of the applicable software license conditions (including the requisite quantity or metric limitations) are satisfied, for purposes of disaster recovery, an ordering activity has the right to transfer programs acquired hereunder to another site if the ordering activity site for which programs are acquired is deemed to be unsafe for ordering activity personnel;

to copy programs to a backup computer for use when the primary computer is inoperative; and, to copy programs for safekeeping (archives) or backup purposes.

v. Program Documentation for Oracle software (in the form generally available) is either shipped with the programs, or an ordering activity may access the documentation online at http://docs.oracle.com (provided for informational purposes only).

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vi. Oracle America, Inc retains all ownership and intellectual property rights to the programs, and anything developed by Oracle America, Inc and delivered to an ordering activity under this contract resulting from

Technical Support services provided hereunder. An ordering activity may make a sufficient number of copies of each program for its licensed use and one copy of each program media.

vii. Ordering activities may not:

• Use the programs for rental, timesharing, subscription services, hosting, or outsourcing;

• Remove or modify any program markings or any notice of Oracle America, Inc or its licensors’ proprietary rights;

• Make the programs, or materials resulting from services provided, available in any manner to any third-party for use in the third-party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services acquired);

• Take or pass title to the programs to any other party;

• Cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs (the foregoing prohibition includes but is not limited to review of datastructures or similar materials produced by programs);

• The duplication of the programs except for a sufficient number of copies of each program for the End

User’s licensed use and one copy of each program media; or

• Disclose result of any program benchmark tests without Oracle America, Inc’s prior written consent.

c. The ordering activity shall not (a) assign, give, or transfer the Programs and/or services ordered or any interest in them to another individual or entity (and if ordering activity grants a security interest in the Programs or services, the secured party shall have no right to use or transfer the Programs or any services); or (b) ordering activity shall not use the Programs for any timesharing, subscription service, or rental of the Programs; If the ordering activity decides to finance its acquisition of the

Oracle programs and/or any Oracle services, the ordering activity must follow Oracle America, Inc’s policies regarding financing which are available at http://oracle.com/contracts.

d. Ordering activity shall fully comply with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the Programs, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws.

e. Oracle America, Inc is a designated third-party beneficiary of the ordering activity’s license agreement for Oracle software, equipment, and services.

f. The Uniform Computer Information Transactions Act shall not apply to this Agreement.

g. Some programs may include source code that Oracle America, Inc may provide as part of its standard shipment of such programs and such source code delivered is subject to the terms of the agreement, ordering documentation and program documentation.

h. If Oracle America, Inc includes with the programs ordered any additional programs, such additional programs may be used by the ordering activity for trial, non-production purposes only. The ordering activity has 30 days from the delivery date to evaluate the additional programs, subject to the terms of the ordering activity license agreement. If the ordering activity decides to use any trial program after the 30-day trial period, the ordering activity must obtain a license for such programs from Contractor. If the ordering activity decides not to obtain a license for the trial program after the 30-day trial period, the ordering activity will cease using and will delete any such program from the ordering activity’s system. Trial programs are provided “as is” and Contractor does not provide technical support or offer any warranties for such programs.

9. SOFTWARE CONVERSIONS (SIN 511210)

Provided an ordering activity has continuously maintained Technical Support services for the relevant license set, in the event an ordering activity desires to change the operating system or the computer system on which the Oracle America, Inc Software is running and requires the shipment of new binary software, the ordering activity may acquire the additional set(s) of CD Packs for the Programs for the new operating system or computer system.

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, 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), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

Programs are available for use on many computer hardware/operating system combinations. Call the Contractor at the phone numbers listed for any questions related to product availability.

http://oracle.com/contracts

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A complete description of each Oracle America, Inc’s software product and a list of equipment on which the software can be used, as well as a brief introductory explanation of the modules and documentation that are offered, are available at http://www.oracle.com/products/ and in Oracle America, Inc’s Software Investment Guide at http://www.oracle.com/corporate/pricing/, both of which are referenced for informational purposes only.

11. MIGRATION

A license migration is a means of contractually modifying an ordering activity's Oracle America, Inc’s licenses purchased under older license metrics to take advantage of current license metrics. Contractor shall provide migrations of software hereunder in accordance with Oracle America, Inc’s migration policies in effect at the time of a migration. Ordering activities should obtain a quote from

Contractor for any license migration.

12. INVOICES AND PAYMENT

Invoices for software licenses shall be submitted by the Contractor at the time of the order. Invoices for software maintenance as a service shall be submitted by the Contractor on a quarterly basis after the completion of such period. Charges for software maintenance as a service must be paid in arrears in accordance with 31 U.S.C. 3324.

13. SOFTWARE MAINTENANCE PRICING

Mfr Part # Description

A97163 Oracle Software Update License & Support - 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.

The fees for Oracle Software Update License & Support is 22% of the net software license fees.

B35470 Oracle Software Update License & Support – Renewal Partner - 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.

http://www.oracle.com/products/ http://www.oracle.com/corporate/pricing/

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1. SCOPE

The prices, terms and conditions stated under Special Item Number (SIN) 518210c Cloud & Cloud-Related It Professional Services apply exclusively to Cloud & Cloud-Related It Professional Services within the scope of this Information Technology Schedule.

This SIN provides ordering activities with access to technical services that run-in cloud environments and meet the NIST Definition of

Cloud Computing Essential Characteristics. Services relating to or impinging on cloud that do not meet all NIST essential characteristics should be listed in other SINs.

The scope of this SIN is limited to cloud capabilities provided entirely as a service. Hardware, software and other artifacts supporting the physical construction of a private or other cloud are out of scope for this SIN. Currently, an Ordering Activity can procure the hardware and software needed to build on premise cloud functionality, through combining different services on other IT Schedule 70

SINs (e.g. 54151S).

Sub-categories in scope for this SIN are the three NIST Service Models: Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Offerors may optionally select a single sub-category that best fits a proposed cloud service offering. Only one sub-category may be selected per each proposed cloud service offering. Offerors may elect to submit multiple cloud service offerings, each with its own single sub-category. The selection of one of three sub-categories does not prevent Offerors from competing for orders under the other two sub-categories.

See service model guidance for advice on sub-category selection.

Sub-category selection within this SIN is optional for any individual cloud service offering, and new cloud computing technologies that do not align with the aforementioned three sub-categories may be included without a sub-category selection so long as they comply with the essential characteristics of cloud computing as outlined by NIST.

See Table 1 for a representation of the scope and sub-categories.

SIN Description Sub-Categories1

• Commercially available cloud computing services

1. Software as a Service (SaaS): Consumer uses provider’s applications on cloud infrastructure. Does not manage/control platform or infrastructure. Limited application level configuration may be available.

• Meets the National Institute for

Standards and Technology (NIST) definition of Cloud Computing essential characteristics

2. Platform as a Service (PaaS): Consumer deploys applications onto cloud platform service using provider-supplied tools. Has control over deployed applications and some limited platform configuration but does not manage the platform or infrastructure.

• Open to all deployment models

(private, public, community or hybrid), vendors specify deployment models

3. Infrastructure as a Service (IaaS): Consumer provisions computing resources. Has control over OS, storage, platform, deployed applications and some limited infrastructure configuration, but does not manage the infrastructure.

2. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character.

a. Acceptance Testing

Any required Acceptance Test Plans and Procedures shall be negotiated by the Ordering Activity at task order level. The

Contractor shall perform acceptance testing of the systems for Ordering Activity approval in accordance with the approved test procedures.

b. Training

If training is provided commercially the Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. Contractor is responsible for indicating if there are separate training charges.

c. Information Assurance/Security Requirements

The contractor shall meet information assurance/security requirements in accordance with the Ordering Activity requirements at the Task Order level.

d. Related Professional Services

The Contractor is responsible for working with the Ordering Activity to identify related professional services and any other services available on other SINs that may be associated with deploying a complete cloud solution. Any additional substantial and ongoing professional services related to the offering such as integration, migration, and other cloud professional services are out of scope for this SIN.

TERMS AND CONDITIONS APPLICABLE TO CLOUD & CLOUD-RELATED IT PROFESSIONAL SERVICES

SPECIAL ITEM NUMBER 518210C

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e. Performance of Cloud & Cloud-Related It Professional Services

The Contractor shall respond to Ordering Activity requirements at the Task Order level with proposed capabilities to Ordering

Activity performance specifications or indicate that only standard specifications are offered.