MAS - Foxhole Technology LLC - GS35F0569V

Foxhole Technology, LLC Contract Number Page 1

(703) 496-4514 GS-35F-0569V 21 June 2024

GENERAL SERVICES ADMINISTRATION

Federal Acquisition Service Authorized Federal Supply Schedule FSS Price List

FSC Group: MAS FSC Codes: J070, 7030, D301, D314, D318, D399, U012

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. 54151HACS Highly Adaptive Cybersecurity Services (HACS) Special Item No. 54151S Information Technology Professional Services Special Item No. 611420 Information Technology Training Special Item No. OLM Order-Level Materials (OLM)

For more information on ordering go to the following website: https//www.gsa.gov/schedules.

Foxhole Technology, LLC 205 Van Buren St., Suite 120

Herndon, VA 20170-5336

PHONE: (703) 496-4514

FAX: (202) 379-1790

Internet Address: www.foxholetechnology.com Contract # GS-35F-0569V

Period Covered by Contract: 7/10/2009 – 7/09/2029 Business Size: Other Than Small

Pricelist current through Modification: #PO-0087 awarded 06/14/2024.

*This is the Most Recently awarded Contractor Initiated Modification and does Not include any Mass Modifications.

“Prices Shown Herein are Net (discount deducted)”

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.

http://www.foxholetechnology.com/

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(703) 496-4514 GS-35F-0569V 21 June 2024

TABLE OF CONTENTS

Item Page Information for Ordering Activities Applicable to all Special Item Numbers 3 Foxhole Technology, LLC Ordering Guide For Our Customers 6 Foxhole Technology, LLC Corporate Information 7 Terms and Conditions Applicable to Purchasing of New Electronic Equipment (SIN 33411) 8 Terms and Conditions Applicable to Maintenance of Equipment, Repair Services and/or Repair/Spare Parts (SIN 811212) 10

Terms and Conditions Applicable to Software Licenses (SIN 511210) and Software Maintenance Services (SIN 54151) 15

Terms and Conditions Applicable to Highly Adaptive Cybersecurity Services

(SIN 54151HACS) 18

Terms and Conditions Applicable to Information Technology Training (SIN 611420) 20 Terms and Conditions Applicable to Information Technology (IT) Professional Services

(SIN 54151S) 22

The Foxhole Technology, LLC IT Labor Category Rates 26 The Foxhole Technology, LLC HACS Labor Category Rates 28 The Foxhole Technology, LLC Labor Category Descriptions 30 Education And Experience Requirements – Equivalency Substitution Table 66 USA Commitment To Promote Small Business Participation Procurement Programs 67 Best Value Blanket Purchase Agreement Multiple Award Schedule 68 Basic Guidelines For Using Contractor Team Arrangements 70 Foxhole Technology, LLC Sales And Service Points 71

• Pricelist dated 1 January 2011 incorporates awarded Mod #PA-0001 dated 6/25/2010 & #PA-0002 dated 9/7/2010. These Mods incorporate the addition of SINs

132-8, 132-12, 132-32 and additional RioRey, Inc. & Verdasys, Inc. product line(s).

• GSA Mod #PA-0003 incorporated on 26 October 2010, awarding price adjustment.

• Pricelist dated 20 November 2012 incorporates Term and Conditions thru Refresh #30 and Mods #PA-0007 – Addition of IBM Products, #PA-0008 – Deletion of

IBM Products, #PA-0009 – Price Increase for IBM Products and #PA-0010 – Price Reduction of IBM Products

• Pricelist dated 6 August 2013 incorporates Term and Condition thru Refresh #31

• Pricelist dated 29 October 2013 incorporates Modification(s) #PS-0055 and PS-0056 for Cooperative Purchasing (STLOC) and Disaster Recovery (RC).

• Pricelist dated 20 May 2014 Incorporates Modification # PO-0057 for the First 5 Year Option Period and Term and Conditions thru Refresh #32.

• Delete Product Mod (PA-0062) awarded 24 July 2014.

• Mass Mod CM-A377 Incorporates Terms and Condition thru Refresh #33 dated 8 Aug 2014

• Pricelist dated 8 Aug 2014 Incorporates POC Mod (PA-0064)

• Pricelist dated 1 December 2014, incorporates updated EULA for Verdasys.

• Pricelist dated 27 August 2015, incorporates Delete IBM Product Mod #PS-0066.

• Pricelist dated 3 September 2015, incorporates the Equal Employment Opportunity Clearance (EEOC), awarded under Mod #PS-0067.

• Pricelist dated 8 November 2016, incorporates Addition of HACS SINs, awarded under #PS-0069.

• Pricelist dated 11 October 2018 incorporates Mod #PO-0071 for the Deletion of Product(s).

• Pricelist dated 30 January 2019 Incorporates Term and Conditions thru Refresh #51.

• Pricelist dated 19 March 2019 Incorporates Modification for the Second 5 Year Option Period under #PO-0072 and Term and Conditions thru Refresh #52.

• Pricelist dated 13 July 2020 Incorporates Modification #PS-A812 for MAS Consolidation and #PS-A821 for MAS Refresh 3.

• Pricelist dated 28 September 2021 Incorporates Modification #PS-A834 for MAS Refresh 7.

• Pricelist dated 29 September 2021 Incorporates Modification #PO-0078 for Novation of Foxhole Technology, Inc. to Foxhole Technology, LLC.

• Pricelist dated 11 March 2024 Incorporates Modification #PS-0088 Re-Representation of Business Size, Term and Conditions thru Refresh #19, update of company address and removal of Robert Toye.

• Pricelist dated 21 June 2024 Incorporates Modification #PO-0087 for the Third 5 Year Option Period, PO-0089 incorporating the Small Business Subcontracting

Plan, and Terms and Conditions thru Refresh #21.

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(703) 496-4514 GS-35F-0569V 21 June 2024

INFORMATION FOR ORDERING ACTIVITIES

APPLICABLE TO ALL SPECIAL ITEM NUMBERS

Contract Number: GS-35F-0569V Contract Period: 7/10/2009 – 7/09/2029 Contractor’s Name: Foxhole Technology, LLC Contractor’s Address: 205 Van Buren St., Suite 120 Herndon, VA 20170-5336 Phone: (703) 496-4514 Fax: (202) 379-1790 Email: Contracts@foxholetechnology.com Business Size: Other Than Small (OTS) Data Universal Numbering System (DUNS): 791330009 Unique Entity Identifier (UEI) Number: WMLWFN8A3KV9

1a. Special Item Number(s) for this contract:

SIN CODES DESCRIPTION

33411 Purchasing 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 (HACS) 54151S Information Technology Professional Services 611420 Information Technology Training 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. Services rates can be found on pages 26-29 of this pricelist.

1c. Foxhole Technology, LLC has awarded hourly rates, descriptions of all corresponding experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided is provided on pages 30-65 of this pricelist.

2. Maximum Order:

SIN CODE(s) MAXIMUM ORDER 33411 $500,000 811212 $500,000 511210 $500,000 54151 $500,000

54151HACS $500,000

54151S $500,000 611420 $250,000

OLM $100,000

3. Minimum Order: $100.00

4. Geographic Scope of Contract: Geographic scope for all labor categories is CONUS, Alaska, Hawaii, District of

Columbia, Puerto Rico and U.S. Territories delivery.

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(703) 496-4514 GS-35F-0569V 21 June 2024

5. Point of Production: Foxhole Technology, LLC 205 Van Buren St., Suite 120 Herndon, VA 20170-5336

6. Basic Discounts: Prices shown are NET Prices; Basic Discounts have been deducted. Other Special Discounts:

None

7. Quantity Discounts:

SIN # Additional Quantity/Volume Discount

SIN 33411 Subject to Negotiation SIN 811212 Subject to Negotiation SIN 511210 Subject to Negotiation SIN 54151 Subject to Negotiation SIN 54151HACS $251k - $500k - 0.5% Discount

> $500k - Subject to Negotiation

SIN 54151S $251k - $500k - 0.5% Discount

SIN 611420 $251k - $500k - 0.5% Discount

8. Prompt Payment Terms: ¼%-20 days/Net 30 from receipt of invoice or date of acceptance. Information for

Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

9. Foreign Items: None

10a. Time of Delivery: a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below:

SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) 33411 - 30 Days 811212 - 30 Days 511210 - 30 Days 54151 - N/A 54151HACS - As Negotiated between Foxhole Technology, LLC and the Ordering Agency.

54151S - As Negotiated between Foxhole Technology, LLC and the Ordering Agency.

611420 - As Negotiated between Foxhole Technology, LLC and the Ordering Agency.

10b. Expedited Delivery: Contact Foxhole Technology, LLC 10c. Overnight and 2-Day Delivery: Contact Foxhole Technology, LLC 10d. Urgent Requirements: Contact Foxhole Technology, LLC

11. F.O.B. Point(s): Destination

12a. Ordering Address: Foxhole Technology, LLC 205 Van Buren St., Suite 120 Herndon, VA 20170-5336 Phone: (703) 496-4514

Email: Contracts@foxholetechnology.com

12b. Ordering Procedures: See Federal Acquisition Regulation (FAR) 8.405-3.

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13. Payment Address: Foxhole Technology, LLC 205 Van Buren St., Suite 120 Herndon, VA 20170-5336 Attn: Accounts Payable

14. Warranty Provision: In accordance with Standard Commercial Warranty

15. Export Packaging Charges: Not Applicable

16. Terms and Conditions of rental, maintenance and repair: Not Applicable

17. Terms and Conditions of installation: Not Applicable 18a. Terms and Conditions of repair parts indicating date of parts price lists and any discounts from list prices:

Not Applicable 18b. Terms and Conditions for any other Services: Not Applicable

19. List of service and distribution points: Not Applicable

20. List of participating dealers: Not Applicable

21. Preventative maintenance: Not Applicable 22a. Special attributes such as environmental attributes: Not Applicable 22b. SECTION 508 COMPLIANCE: Not Applicable

23. Unique Entity Identifier (UEI) Number: WMLWFN8A3KV9

24. Foxhole Technology, LLC is registered with the System for Award Management (SAM) database.

Service Contract Labor Standards: The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act (SCA), is applicable to this contract as it applies to the entire Multiple Award Schedule (MAS) and all services provided. While NO specific labor categories have been identified as being subject to SCLS/SCA due to exemptions for professional employees (FAR 22.1101, 22.1102 and 29 CRF 541.300), this contract still maintains the provisions and protections for SCLS/SCA eligible labor categories. If and / or when the contractor adds SCLS/SCA labor categories to the contract through the modification process, the contractor must inform the Contracting Officer and establish a SCLS/SCA matrix identifying the GSA labor category titles, the occupational code, SCLS/SCA labor category titles and the applicable WD number. Failure to do so may result in cancellation of the contract.

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(703) 496-4514 GS-35F-0569V 21 June 2024

ORDERING GUIDE FOR OUR CUSTOMERS

A SUMMARY OF HOW TO USE GSA SCHEDULES

This GSA Multiple Award Schedule can be easily utilized to gain access to contractors for required services. Task Orders may be put in place quickly and efficiently by the Ordering Agency Contracting Officer.

SUBPART 8.4 – MULTIPLE AWARD SCHEDULES

Orders must comply with applicable subsections under the FAR Part 8.4 Acquisition Regulation.

FAR Part 51

Orders can now be processed under FAR Part 51 Deviations. Please review and follow FAR instructions.

Eligibility

GSA Eligibility Order 48002H

For more information on ordering from Multiple Award Schedules click on the link at:

http://www.gsa.gov/portal/category/100623 http://www.gsa.gov/portal/category/100623

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FOXHOLE TECHNOLOGY, LLC CORPORATE INFORMATION

Overview:

Service-Disabled, Veteran-Owned Business – Headquartered in Herndon, VA, with satellite offices across the U.S. Information technology experts focused on delivering agile enterprise solutions that align mission essential requirements with rapid, innovative, cost-effective technologies that enable mission critical capabilities across the globe. Deep industry, federal and technical expertise, coupled with extensive operational military experience and a successful history of contract support, provide highly critical skill sets to our clients

– the same qualities which enabled us to successfully defend our nation built the foundation for our leadership, management, work ethics and strategic partnerships.

Our Mission:

Deliver agile enterprise solutions that align client business practices with rapid, innovative, cost effective technologies that enable mission critical capabilities.

Our Vision:

Through a powerful combination of government and industry expertise, Foxhole Technology strives to be the leader in delivering mission driven enterprise solutions–improving performance, shortening time-to-fielding and ensuring mission success.

What We Do:

1. Cyber Security

− Cyber-Security & Computer Network Defense (CND) – Security Operations Center (SOC) − IT Risk − SIM Development − Cyber-Intelligence − Security Certifications and Accreditations − Incident Response − Vulnerability Assessment − Penetration Testing − Cyber Hunt Services

2. Systems Engineering

− Federal Acquisition Framework (5000 series) / Acquisition Certifications − JCIDS Development / DoDAF / MITA

3. Software Engineering

− Requirements Development & Generation (Rational, DOORs, etc.)

− Business / Mission Modeling (BLEP) – SOA / Cloud − Software Development & Integration / Database Design, Implementation and Migration − Software Testing and Evaluation − Software Deployment, Operations, and Maintenance (DO&M)

4. Network Engineering

− Assess IT activities and Align activities with business goals − Improve operational efficiency – Define, Measure, Analyze, Improve and Control – Six Sigma − Reduce cost of day-to-day operations - ITIL − “As Is-To-Be” Architecture and Design

5. Test & Evaluation

− Software & System Testing and Evaluation – (Agile, Security, − Interoperability, DTE, OTE, etc.)

− IV&V

For further information, please review our web page at www.foxholetechnology.com.

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TERMS AND CONDITIONS APPLICABLE TO

PURCHASING OF NEW ELECTRONIC EQUIPMENT (SIN 33411)

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:

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 Segre gable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies.

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

d. The Original Equipment Manufacturer (OEM) Technical Assistance or Warranty Instructions are unable to resolve ordering activity problems Foxhole Technology without additional charge to the ordering activity, has provided a hot line technical support number (703) 496-4514 for the purpose of providing user assistance and guidance in the implementation of the products, software and/or services. The technical support number is available M-F from 8:00am to 4:00pm EST.

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

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

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

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: TBD; Call Foxhole at (703) 496-4514 for current Manufacturer Instructions.

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).

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(703) 496-4514 GS-35F-0569V 21 June 2024

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE OF EQUIPMENT, REPAIR

SERVICES AND/OR REPAIR/SPARE PARTS (SIN 811212)

1. SERVICE AREAS

a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a N/A 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 negotiated at the Task Order level.

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

Contact Foxhole at (703) 496-4514

c. The Original Equipment Manufacturer (OEM) Technical Assistance or Warranty Instructions are unable to resolve ordering activity problems Foxhole Technology without additional charge to the ordering activity, has provided a hot line technical support number (703) 496-4514 for the purpose of providing user assistance and guidance in the implementation of the products software and/or services. The technical support number is available from 8:00am to 4:00pm EST.

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

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

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

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

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3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

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

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

4. LOSS OR DAMAGE

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

5. SCOPE

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

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

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

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

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

6. RESPONSIBILITIES OF THE ORDERING ACTIVITY

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

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

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

7. RESPONSIBILITIES OF THE CONTRACTOR

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

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

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8. MAINTENANCE RATE PROVISIONS

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

b. REGULAR HOURS

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

c. AFTER HOURS

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

d. TRAVEL AND TRANSPORTATION

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

e. QUANTITY DISCOUNTS

Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by an ordering activity are indicated below:

Quantity Range Discounts

________ Units ________% ________ Units ________% ________ Units ________%

9. REPAIR SERVICE RATE PROVISIONS

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

b. MULTIPLE MACHINES. When repairs are ordered by 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 repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable.

c. TRAVEL OR TRANSPORTATION

(1) AT THE CONTRACTOR'S SHOP

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

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

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

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

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

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

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

d. LABOR RATES

(1) REGULAR HOURS

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

(2) AFTER HOURS

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

(3) SUNDAYS AND HOLIDAYS

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

REPAIR SERVICE RATES

REGULAR AFTER SUNDAYS AND

MINIMUM HOURS HOURS HOLIDAYS

LOCATION CHARGE* PER HOUR** PER HOUR** PER HOUR

CONTRACTOR'S SHOP _______ __________ __________ ___________

ORDERING ACTIVITY LOCATION

(WITHIN ESTABLISHED

SERVICE AREAS) _______ __________ __________ ___________

ORDERING ACTIVITY LOCATION

(OUTSIDE ESTABLISHED

SERVICE AREAS) _______ __________ __________ ___________

*MINIMUM CHARGES INCLUDE ___ FULL HOURS ON THE JOB.

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

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10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS

All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated ______________, at a discount of ______% from such listed prices.

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

a. REPAIR SERVICE

All repair work will be guaranteed/warranted for a period of _________________

b. REPAIR PARTS/SPARE PARTS

All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period _________________

12. INVOICES AND PAYMENTS

a. Maintenance Service

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

PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

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

b. Repair Service and Repair Parts/Spare Parts

Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work.

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

PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

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

SOFTWARE MAINTENANCE SERVICES (SIN 54151)

1. INSPECTION/ACCEPTANCE

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

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

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

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

4. TECHNICAL SERVICES

The Original Equipment Manufacturer (OEM) Technical Assistance or Warranty Instructions are unable to resolve ordering activity problems Foxhole Technology without additional charge to the ordering activity, has provided a hot line technical support number (703) 496-4514 for the purpose of providing user assistance and guidance in the implementation of the products software and/or services. The technical support number is available from 8:00am to 4:00pm EST.

5. SOFTWARE MAINTENANCE

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

___X____1. Software Maintenance as a Product

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.

Foxhole Software Maintenance include the following:

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Upgrades and patches to software are provided as available from the manufacturer, and are available via download from the web.

____ 2. Software Maintenance Services (SIN 54151)

Software maintenance services create, design, implement, and/or integrate customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance services include 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 services are billed in arrears in accordance with 31 U.S.C. 3324.

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

DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

6. PERIODS OF SOFTWARE LICENSES (SIN 511210) AND SOFTWARE MAINTENANCE SERVICES

(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.

7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE

Not Applicable

8. TERM LICENSE CESSATION

Not Applicable

9. UTILIZATION LIMITATIONS - (SIN 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 the Contractor, unless otherwise specified.

(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site.

This would allow other agencies access to one ordering activity's database. For ordering activity public domain

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The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

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

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

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

10. SOFTWARE CONVERSIONS - (SIN 511210)

Not Applicable

11. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

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

12. RIGHT-TO-COPY PRICING

Not Applicable. There are no right-to-copy licenses, for the products offered by Foxhole Technology, LLC.

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TERMS AND CONDITIONS APPLICABLE TO

HIGHLY ADAPTIVE CYBERSECURITY SERVICES (HACS) (SIN 54151HACS)

1. SCOPE

a. The labor categories, prices, terms and conditions stated under Special Item Number 54151HACS apply exclusively to Highly Adaptive Cybersecurity Services within the scope of this Multiple Award Schedule.

b. Services under this SIN is limited to Highly Adaptive Cybersecurity Services only. Software and hardware products are under different Special Item Numbers on this MAS (e.g., 33411, 511210, 54151), and may be quoted along with services to provide a total solution.

c. This SIN provides ordering activities with access to Highly Adaptive Cybersecurity services only.

d. Highly Adaptive Cybersecurity Services provided under this SIN shall comply with all Cybersecurity certifications and industry standards as applicable pertaining to the type of services as specified by ordering agency.

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

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

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

3. PERFORMANCE OF SERVICES

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

All Contracts will be fully funded.

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

c. The ordering activity should include the criteria for satisfactory completion for each task in the

4. INSPECTION OF SERVICES

Inspection of services is in accordance with 552.212-4 - CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015) (ALTERNATE II – JUL 2009) (FAR DEVIATION – JUL 2015) (TAILORED) for Firm-Fixed Price and Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

5. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (MAY 2014) Rights in Data – General, may apply. The Contractor shall comply with contract clause (52.204-21) to the Federal Acquisition Regulation (FAR) for the basic safeguarding of contractor information systems that process, store, or transmit Federal data received by the contract in performance of the contract. This includes contract documents and all information generated in the performance of the contract.

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6. RESPONSIBILITIES OF THE…