MAS - Tygart Technology Inc. - GS35F0619V

General Services Administration Federal Supply Service

Authorized Federal Supply Schedule Catalog/Price List

GSA Multiple Award Schedule Federal Supply Group: Information Technology

Contract Number: GS-35F-0619V Contract Period 08/04/2009 through 08/03/2029

Price List current through Mod # PS-0027 June 11, 2024

Tygart Technology, Inc.

1543 Fairmont Ave Fairmont, West Virginia 26554-2175 Phone: (304) 363-6855 Fax: (304) 363-6886 federalcontracts@tygart.com www.tygart.com

Contract Administrator: James Wagner, Staff Accountant 1543 Fairmont Ave Fairmont, West Virginia 26554-2175 Phone: (304) 363-6855 Fax: (304) 363-6886 federalcontracts@tygart.com

Business Size: Small Business

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

Note 2: Offerors and Agencies are advised that the GSA Multiple Award Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents.

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage! is http://www.gsaadvantage.gov. For more information on ordering from the Federal Supply Schedules click on the FSS Schedules button at http://fss.gsa.gov/

CUSTOMER INFORMATION

1a. Special item number(s):

Special Item Number Description 33411 Purchasing of New Equipment

511210 Software Licenses 54151 Software Maintenance

54151S Information Technology Professional Services OLM Order Level Materials

1b. Lowest priced Item for SINs 33411; 511210; 54151 and 54151S can be found on pages

13.

1c. Hourly Rates: Please see page 18 – 19

2. Maximum Order: $500,000 for SINS 33411; 511210; 54151 and 54151S

This maximum order threshold is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may: (1) Offer a new lower price, (2) Offer the lowest price available under the contract, or (3) Decline the order within five (5) days. In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order threshold.

3. Minimum Order: $100.00

4. Geographic coverage (delivery area). Domestic Delivery to 50 States, DC and US

Territories.

5. Points of Production:

1543 Fairmont Ave Fairmont, West Virginia 26554-2175

6. Discount from list prices or statement of net price. Prices Listed are net, discounts have been applied.

7. Quantity discounts: Dollar Volume- .5% on any singular Purchase order greater than $1M

8. Prompt payment terms. Net 30. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

9. Foreign items (list items by country of origin). Not Applicable

10a. Time of delivery.

33411 30 days 511210 30 days 54151 30 days 54151S As negotiated at the time of award.

10b. Expedited Delivery.

For all SINs - As mutually agreed per order

10c. Overnight and 2-day delivery

For all SINs - As mutually agreed per order

10d. Urgent Requirements.

For all SINs - As mutually agreed per order

11. F.O.B. point(s). FOB Destination ground shipping to the 48 contiguous states and

Washington, DC. All other locations will be FOB Origin.

12a. Ordering address:

Tygart Technology, Inc.

1543 Fairmont Ave Fairmont, West Virginia 26554-2175 Phone: (304) 363-6855

12b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation

(FAR) 8.405-3.

13. Payment address:

Fairmont, West Virginia 26554-2175 Phone: (304) 363-6855

14. Warranty provision: Tygart’s Standard Commercial Warranty

15. Export packing charges, if applicable: Not Applicable

16. Terms and conditions of rental, maintenance, and repair (if applicable). Not Applicable

17. Terms and conditions of installation (if applicable). Not Applicable

18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). Not Applicable

18b. Terms and conditions for any other services (if applicable). Not Applicable

19. List of service and distribution points (if applicable).

Tygart Technology, Inc.

1543 Fairmont Ave Fairmont, West Virginia 26554-2175 Phone: (304) 363-6855

20. List of participating dealers (if applicable). Not Applicable

21. Preventive maintenance (if applicable). Not Applicable

22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). Not Applicable

22b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g. contractor’s website or other location.) The EIT standards can be found at: www.Section508.gov/.

23. UEI Number: ZF1BLED9ZWY5 and Cage Code: 0S2U5

24. Notification regarding registration in System for Award Management (SAM) database.

Tygart’s SAM registration is active.

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT (SPECIAL

ITEM NUMBER 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:

The Tygart products offered herein are self-installable. Should a customer need assistance, they can call the help desk free of charge for installation support. As our products are customized, some customers require in depth installation services, these are negotiated at the task order level and billed under SIN 54151S.

The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance: (304) 363-6855

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 received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies.

The 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 or SIN 3341REF.

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

LIMITED WARRANTY. Tygart hereby warrants that the SOFTWARE will perform substantially in accordance with Tygart’ written specifications for a period of one (1) year from the date of Tygart’ shipment of the SOFTWARE to you. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. If the End User License Agreement (EULA) is directly between a party in Tygart’s distribution channel and you, any warranty for the SOFTWARE is provided by the party in Tygart’s distribution channel and not Tygart. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TYGART AND ITS LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND

THEIR EQUIVALENTS UNDER LAWS OF ANY JURISDICTION, WITH REGARD TO THE SOFTWARE AND

DOCUMENTATION.

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:

Fairmont, West Virginia 26554-2175

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).

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER

511210) AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 54151) OF GENERAL

PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE

1. INSPECTION/ACCEPTANCE

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

2. 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.

Tygart hereby warrants that the SOFTWARE will perform substantially in accordance with Tygart’ written specifications for a period of one (1) year from the date of Tygart’ shipment of the SOFTWARE to you. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. If the End User License Agreement (EULA) is directly between a party in Tygart’s distribution channel and you, any warranty for the SOFTWARE is provided by the party in Tygart’s distribution channel and not Tygart.

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

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

3. TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number 304-363-6855 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9AM EST to 5PM EST.

4. SOFTWARE MAINTENANCE

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

__________ 1. Software Maintenance as a Product (SIN 511210)

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

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

X 2. Software Maintenance as a Service (SIN 54151)

Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, 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.

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

THE INVOICE.

5. PERIODS OF MAINTENANCE (SIN 54151)

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

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

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

d. Cross-Year Funding Within Contract Period. Where an ordering 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 maintenance is to be terminated at that time. Orders for the continuation of maintenance will be required if the maintenance is to be continued during the subsequent period.

6. UTILIZATION LIMITATIONS - (SIN 511210, AND SIN 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 databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

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

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

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

7. SOFTWARE CONVERSIONS - (SIN 511210)

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.

8. 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.

9. RIGHT-TO-COPY PRICING

The Contractor shall insert the discounted pricing for right-to-copy licenses. Not Applicable

MXSERVER License Agreement

END-USER LICENSE AGREEMENT FOR TYGART TECHNOLOGY’S MXSERVER® VERSION 3.x DIGITAL

MEDIA INTELLIGENCE SOFTWARE

This End-User License Agreement (“EULA”) is a legal agreement between you (Ordering Activity, an entity entitled to order under GSA Schedule contracts as defined in GSA Order ADM 4800.2I and as revised from time to time) and TYGART TECHNOLOGY, INCORPORATED (“Tygart”) for the MXSERVER® software identified above which includes any associated media (collectively the “SOFTWARE”) and the printed, online or electronic documentation created by Tygart (“DOCUMENTATION”).

To the extent the terms of this EULA conflict with the terms of the Schedule Contract, the terms of the Schedule contract shall prevail.

The SOFTWARE and DOCUMENTATION are protected by United States Copyright Laws and international Copyright treaties, as well as other intellectual property laws. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. In consideration of the representations, promises and other consideration recited herein, Tygart hereby grants to you a nonexclusive limited perpetual license to install, copy and use Base Package and Scaling Units consistent with quantities purchased in each Ordering Activity Purchase Order of the SOFTWARE for which you have paid Tygart or its authorized value added reseller, as applicable, the applicable license fees. Tygart reserves all rights to the SOFTWARE and DOCUMENTATION that have not been expressly granted to you in this EULA.

2. GENERAL LIMITATIONS. Except for making one (1) archival copy of the SOFTWARE for backup or disaster recovery purposes only, you may not copy, distribute copies, modify or prepare derivative works based on the SOFTWARE or DOCUMENTATION. You may not reverse engineer, decompile, or disassemble the SOFTWARE except and only to the extent that such activity is expressly permitted by Tygart and applicable laws. You may not sublicense, rent or lease the SOFTWARE.

3. OWNERSHIP RIGHTS/AUDIT. All rights, title and interest in and to the SOFTWARE and DOCUMENTATION, including all rights in Copyright, and any copies of the SOFTWARE and DOCUMENTATION, are owned exclusively by Tygart or its licensors. Tygart and its licensors shall be entitled to audit your use of the SOFTWARE in order to confirm compliance with all licensed rights under this EULA. Such audit shall be conducted, (1) upon reasonable notice and shall take place during normal business hours, (2) consistent with any applicable security measures of Ordering Activity, and (3) at contractor's expense. You agree to maintain written records in a manner that will enable Tygart and its licensors to quickly and efficiently determine your compliance with the terms of this EULA. This product or portions thereof is manufactured under license from Carnegie Mellon University of U.S. Patent Numbers 6,829,384, 7,194,114 and 7,848,566; and from Google, Inc. of U.S. Patent Number 7,881,505.

4. U.S. GOVERNMENT END USER PURCHASERS. The SOFTWARE and DOCUMENTATION provided therewith are provided with RESTRICTED RIGHTS and qualify as "commercial items," as that term is defined at Federal Acquisition Regulation (FAR) (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212.

Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this End User License Agreement may be incorporated, Customer may provide to Government end user or, if this

Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this End User License Agreement.

5. GOVERNING LAW. This EULA is governed by and construed in accordance with the laws of the United States of America, excluding the conflict of law principles thereof and excluding application of the Uniform Computer Information Transactions Act (UCIT).

6. LIMITED WARRANTY. If this EULA is directly between Tygart and you, Tygart hereby warrants that the SOFTWARE will perform substantially in accordance with Tygart’ written specifications for a period of one (1) year from the date of Tygart’ shipment of the SOFTWARE to you. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. If this EULA is directly between a party in Tygart’s distribution channel and you, any warranty for the SOFTWARE is provided by the party in Tygart’s distribution channel and not Tygart.

7. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

TYGART AND ITS LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS

UNDER LAWS OF ANY JURISDICTION, WITH REGARD TO THE SOFTWARE AND DOCUMENTATION.

8. CUSTOMER REMEDIES. If this EULA is directly between Tygart and you, Tygart and its suppliers' entire liability and your exclusive remedy shall be, at Tygart's or its suppliers’ option (as applicable), either (a) return of the price paid for the SOFTWARE, or (b) repair or replacement of the SOFTWARE that does not meet Tygart' limited warranty. This limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse, modification or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period. Outside the United States, neither these remedies nor any product support services offered by TYGART are available without proof of purchase from Tygart. If this EULA is directly between a party in Tygart’s distribution channel and you, your remedies may be provided by the party in Tygart’s distribution channel and not Tygart. In the event of a breach of warranty, the U.S. Government reserves all rights and remedies under the contract, the Federal Acquisition Regulation, and the Contract Disputes Act, 41 U.S.C. 7101-7109.

9. LIMITATION OF LIABILITY. IF THIS EULA IS DIRECTLY BETWEEN TYGART AND YOU, TYGART’S MAXIMUM LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE PRICE OF THE SOFTWARE. EXCEPT TO THE EXTENT EXPRESSLY STATED IN THIS SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL TYGART OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR

PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

BUSINESS REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR SYSTEM, EVEN IF TYGART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EULA IS DIRECTLY BETWEEN A PARTY IN TYGART’S DISTRIBUTION

CHANNEL AND YOU, ANY LIMITATION ON LIAIBILITY MAY BE PROVIDED IN YOUR COMMERCIAL

AGREEMENT WITH THE PARTY IN TYGART’S DISTRIBUTION CHANNEL AND NOT TYGART.

This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. 3729- 3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government's right to express remedies provided in the GSA Schedule contract (e.g., clause 552.238-75 - Price Reductions, clause 52.212-4(h) - Patent Indemnification, and GSAR 552.215-72 - Price Adjustment - Failure to Provide Accurate Information).

10. SOFTWARE SUPPORT SERVICES. Tygart may offer post-warranty maintenance and/or support services for the SOFTWARE. The terms of any Tygart maintenance and/or support services for the SOFTWARE will be contained in a separate SOFTWARE maintenance and support agreement.

11. EXPORT. Licensee acknowledges that the SOFTWARE and/or related services, technology, and implementations may be subject to export restrictions and licensing requirements such as those set forth in the International Traffic in Arms Regulations (“ITAR”), Export Administration Regulation (“EAR”), and the trade sanctions regulations of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). Licensee and any Partner of Licensee (Parties) shall have the right to export the SOFTWARE and DOCUMENTATION as long as the Parties shall fully comply with all relevant United States of America export laws and regulations and other applicable International export and import laws.

GSA Software and Maintenance Pricing (w/IFF)

SIN 511210, 54151

SIN Manufacturer Part No Product Name UOI Price

511210 MX RUGG Perpetual Software - MX

RUGG EA $18,641.17

511210 MX BASE Perpetual Software - MX

BASE EA $193,350.13

511210 MX SCALE Perpetual Software - MX

SCALE EA $93,844.69

511210 MX SFRT Perpetual Software - MX

SFRT EA $19,143.58

511210 MXPFRT Perpetual Software -

MXPFRT EA $30,629.72

54151 MX MAINT Term Software - MX MAINT YR 18% of initial licensing cost

Software Descriptions SIN 511210

Software Unit of Issue Description

Perpetual Software - MX RUGG EA MX SERVER Application Server Hardware (to host MX-BASE)

Perpetual Software - MX BASE EA MX SERVER v3.0 Base Configuration

(includes five MXSERVER virtual machines Perpetual Software - MX SCALE EA MX SERVER Scaling Unit

Perpetual Software - MX SFRT EA Standard Face Recognition Templates (per 20,000)

Perpetual Software - MXPFRT EA PremiumFace Recognition Templates

(per 20,000)

Maintenance Descriptions SIN 54151

Maintenance Unit of Issue Description

Term Software - MX MAINT YR Annual Maintenance for MX SERVER Application Server Software v1.0 and Options (18% of initial licensing costs)

MXSERVER is a server-based solution which utilizes a cloud-based platform to process vast amounts of video and photo collections quickly - automatically discovering, grouping, and extracting segments depicting people. Using face recognition technology, MXSERVER searches media archives to find other assets which depict an individual of interest. MXSERVER also enables digital media content to be efficiently searched, previewed, and analyzed via an intuitive web-based user interface. See attached data sheet for more detail.

Annual Software Maintenance License (optional): An annual software maintenance license is currently available at a cost equal to 20% of the initial MXSERVER licensing fee (pricing subject to change).

Annual Software Maintenance includes the publishing of bug/defect fixes via patches and system 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.

Annual maintenance and support of software does NOT include the creation, design, implementation, integration, etc. of a customized software package, hardware repairs or customer-site technical support.

Tygart GSA Hourly Rates (w/IFF) SIN 54151S

SIN Labor Category

OY11

8/4/2024 - 8/3/2025

OY12

8/4/2025 - 8/3/2026

OY13

8/4/2026 - 8/3/2027

OY14

8/4/2027 - 8/3/2028

OY15

8/4/2028 - 8/3/2029

54151S Application Developer $145.55 $150.79 $156.22 $161.84 $167.67

54151S Backup Engineer $165.51 $171.47 $177.64 $184.04 $190.67

54151S Business Analyst $120.55 $124.89 $129.38 $134.04 $138.86

54151S Database Administrator $138.56 $143.55 $148.72 $154.07 $159.61

54151S Database Developer $122.55 $126.96 $131.54 $136.27 $141.18

54151S Enterprise Architect $178.98 $185.42 $192.10 $199.01 $206.18

54151S IA Specialist I $122.79 $127.21 $131.80 $136.54 $141.46

54151S IA Specialist II $161.05 $166.85 $172.86 $179.08 $185.53

54151S IA Specialist III $178.96 $185.40 $192.07 $198.98 $206.15

54151S IA Specialist IV $196.12 $203.17 $210.49 $218.07 $225.91

54151S Information Engineer $131.43 $136.16 $141.07 $146.15 $151.41

54151S IT Security Specialist I $107.68 $111.56 $115.58 $119.74 $124.05

54151S IT Security Specialist II $118.84 $123.12 $127.56 $132.15 $136.91

54151S IT Security Specialist III $138.27 $143.24 $148.40 $153.74 $159.27

54151S Jr. Application Developer $74.96 $77.66 $80.45 $83.35 $86.35

54151S Jr. Quality Assurance Analyst $110.63 $114.61 $118.74 $123.01 $127.45

54151S Management Analyst $101.80 $105.46 $109.26 $113.19 $117.26

54151S Principal Engineer $189.94 $196.78 $203.86 $211.19 $218.80

54151S Principal Technical Architect $227.35 $235.54 $244.02 $252.81 $261.90

54151S Program Management Specialist I $123.03 $127.46 $132.04 $136.80 $141.72

54151S Program Management Specialist II $132.48 $137.25 $142.19 $147.30 $152.60

54151S Program Management Specialist III $136.34 $141.25 $146.34 $151.61 $157.07

54151S Program Management Specialist IV $162.89 $168.76 $174.83 $181.13 $187.65

54151S Project Manager $181.02 $187.54 $194.29 $201.28 $208.52

54151S QA Engineer $134.62 $139.47 $144.48 $149.68 $155.07

54151S Quality Assurance Analyst $128.07 $132.68 $137.45 $142.40 $147.53

54151S Sr. Application Developer $161.96 $167.79 $173.83 $180.09 $186.57

54151S Sr. Business Analyst $163.25 $169.13 $175.21 $181.52 $188.06

54151S Sr. Database Administrator $176.27 $182.62 $189.20 $196.01 $203.06

54151S Sr. Database Developer $161.96 $167.79 $173.83 $180.09 $186.57

54151S Sr. Engineer $142.51 $147.64 $152.96 $158.47 $164.17

54151S Sr. Information Engineer $197.01 $204.10 $211.45 $219.05 $226.94

54151S Sr. Project Manager $191.02 $197.89 $205.02 $212.40 $220.05

54151S Sr. Storage Engineer $129.30 $133.95 $138.78 $143.78 $148.96

54151S Sr. Systems Engineer $155.48 $161.08 $166.88 $172.89 $179.11

54151S Sr. Technical Architect $186.57 $193.29 $200.25 $207.47 $214.93

54151S Sr. Technical Specialist $139.69 $144.73 $149.93 $155.34 $160.93

54151S Sr. Technical Writer $114.27 $118.39 $122.65 $127.06 $131.64

54151S Sr. Web Developer $147.70 $153.02 $158.53 $164.23 $170.15

54151S Subject Matter Expert $268.79 $278.46 $288.48 $298.87 $309.63

54151S Systems Engineer $130.75 $135.46 $140.33 $145.38 $150.61

54151S Technical Architect $171.03 $177.19 $183.57 $190.18 $197.03

54151S Technical Specialist $114.27 $118.39 $122.65 $127.06 $131.64

54151S Technical Writer $103.79 $107.53 $111.40 $115.41 $119.56

54151S Training Specialist $100.79 $104.41 $108.17 $112.06 $116.09

54151S Training Specialist II $120.84 $125.19 $129.69 $134.36 $139.19

54151S Web Developer $124.38 $128.86 $133.49 $138.30 $143.27

Service Contract Labor Standards: The Service Contract Labor Standards (SCLS) are applicable to this contract as it applies to the entire Consolidated MAS Schedule and all services provided. While no specific labor categories have been identified as being subject to SCLS 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 eligible labor categories. If and / or when the contractor adds SCLS labor categories / employees to the contract through the modification process, the contractor must inform the Contracting Officer and establish a SCLS matrix identifying the GSA labor category titles, the occupational code, SCLS labor category titles and the applicable WD number. Failure to do so may result in the cancellation of the contract.

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

Tygart Labor Category Descriptions

Labor Category: Subject Matter Expert Minimum Experience: Ten years of relevant professional experience including six years of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Technical or business area expert in one or more disciplines to address a particular task or environment need. Provides expert advice and assistance in state-of-the-art software/hardware solutions involving hardware of various capacities, operating environments, database management systems and complex software tools or packages. Works with senior client management to identify improvement goals, assess organizational or process effectiveness, and implement change strategies. Designs technical and business solutions, mentors and trains client staff, and oversees implementation. Maintains a high level of technical and industry experience related to studying and analyzing system needs, systems development, and systems process analysis, design and reengineering. Has skills and experience related to business management, systems engineering, and management engineering. Has specialization in a particular technology or business application. Keeps abreast of technological developments and industry trends.

Minimum Education: PhD is preferred but not required. Master’s Degree in Physics, Mathematics, Information Technology, Computer Science, or related discipline with appropriate Industry Certifications.

Labor Category: Principal Technical Architect Minimum Experience: Five years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Technical or business area expert in one or more disciplines to address a particular task or environment need. Provides expert advice and assistance in state-of-the-art software/hardware solutions involving hardware of various capacities, operating environments, database management systems and complex software tools or packages. Works with senior client management to identify improvement goals, assess organizational or process

Substitute for Education Requirement Policy

Tygart recognizes varying levels of education and experience in their position descriptions. Tygart maintains that many times experience is as or more important than formal preparation. Therefore, it is policy to substitute two years of related experience for one year of higher education where appropriate and with the client’s approval.

effectiveness, and implement change strategies. Designs technical and business solutions, mentors and trains client staff, and oversees implementation. Maintains a high level of technical and industry experience related to studying and analyzing system needs, systems development, and systems process analysis, design and reengineering. Has skills and experience related to business management, systems engineering, and management engineering. Has specialization in a particular technology or business application. Keeps abreast of technological developments and industry trends

Minimum Education: Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Enterprise Architect Minimum Experience: Eight years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Leads and directs large teams with diverse functional and technical disciplines. Works with government executives of the enterprise to consult, coach, and advise on strategy, business alignment, enterprise architecture, information technology, and the associated risk and impact. Integrates and translates complex concepts into tactical plans. Directs enterprise architecture analysis, evaluation, design, integration, documentation, and development. Utilizes an in depth understanding of business transformation and processes, organizational structure, experience in developing briefings and reports. Establishes system information requirements using analysis of the information engineers in the development of enterprise or large scale information systems. Design architectures including software, hardware, and infrastructure to support the total requirements. Ensures these systems are compatible and in compliance with the standards for open systems architectures, the Open Systems Interconnection and International Standards Organization reference models, and profiles. Evaluates analytically and systematically problems of work flows, organization, and planning and develops appropriate corrective action. Provides daily supervision and direction to staff.

Minimum Education: Master's Degree Preferred but not required. Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Principal Engineer Minimum Experience: Ten years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Provides development and maintenance services with significant focus on the design and construction phases of the Software Development Life Cycle.

Demonstrated experience in working independently and capable of working in team environment; experience providing technical leadership to junior staff; demonstrated excellent oral, written, communication and interpersonal skills. Experience must demonstrate a progressively more technically complex responsibilities during the candidate's professional career. Demonstrated experience in leadership and collaborates technical expertise with external teams.

Minimum Education: Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Project Manager Minimum Experience: Eight years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Manages all contract activities. Sets policies and procedures, technical standards and methods, and priorities. Coordinates the management of all work performed on task orders under the contract. Coordinates the efforts of subcontractors, team members, and vendors. Acts as the central point of contact with the Contracting Officer and other officials. Exercises full authority to act for the company in the performance of the required work. Works independently, or under the general direction of senior level company management, on all phases of performance including contract management, task order management, coordination of resource needs, coordination with corporate resources and management. Has direct accountability for the technical correctness, timeliness and quality of deliverables, and the implementation and measurement of corporate and client quality standards and methodologies. Has a broad and deep knowledge of the IT industry, business administration, and human resource management and has excellent oral and written communications skills.

Minimum Education: Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Sr. Database Administrator Minimum Experience: Eight years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Provides technical administration and support of Oracle eBusiness suite applications, complex custom developed databases, Solaris UNIX servers, and

Redhat Linux servers. Provides database design and setup, patching, data migration, conceptual analysis, software installation, database cloning, customization, configuration, implementation, maintenance, and diagnostic support associated with Oracle software. Provides database sizing, application upgrades, tuning and capacity planning in Oracle Applications environment.

Develops database documentation, and troubleshooting complex issues. Works with client teams to resolve the issues, and coordinating any testing activities.

Minimum Education: Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Backup Engineer Minimum Experience: Five years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Designs, implements, manages, upgrades and supports an enterprise backup/recovery environment including tiered backup and backup virtualization.

Evaluates, configures, tests, and recommends ways to optimize client hardware and software so as to improve efficiency of the enterprise backup and recovery process. Utilizes tools and monitoring techniques, logs, and various reporting techniques in order to recognize trends, identify bottle necks, and advise management on efficiency improvements and methods to improve reliability and availability. Develop documentation supporting application, hardware, and procedural changes. Provides technical advice to IT operations and create and maintain procedures to support the daily operations of the data backup environment. Experience backing up multiple operating systems using various hardware and software technologies.

Minimum Education: Bachelor's Degree in Physics, Mathematics, Information Technology, Computer Science, Business, or related discipline

Labor Category: Program Management Specialist IV Minimum Experience: Eight years of relevant professional experience of applicable technology expertise. This individual should possess excellent subject-related credentials and expertise and demonstrated exceptional oral and written communication skills.

Position Duties/Responsibilities: Manages/oversees projects from concept through final implementation. Interfaces with all areas affected by the project including end users, stakeholders, technical and managerial teams. Defines project scope and objectives.

Develops/reviews work plans, schedules, project estimates, resource plans and is responsible for project tracking and analysis. Ensures adherence to quality standards and reviews project deliverables. Analyzes management, business, and technical issues related to program management and information systems.