IT-70 - Financial Systems Consultants, Inc. - GS35F0759J

AUTHORIZED

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Financial Systems Consultants, Inc.

6409 Eppard Street

Falls Church, VA 22044

Phone: 703-536-0240

Fax: 703-536-8086 www.govtproperty.com Financial Systems Consultants, Inc. is a small, veteran-owned business, specializing in software solutions for property managers in the federal enterprise Special Item No. 132-33 Perpetual Software Licenses

Special Item No. 132-34 Software Maintenance

Special Item No. 132-50 Training

Special Item No. 132-51 Professional Service

GSA Contract Number GS-35F-0759J

Contract Expires September 17, 2019

Table of Contents

31.

Geographic Scope of Contract

32.

Contractor’s Ordering Address and Payment Information

33.

Liability for Injury or Damage

34.

STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279

35.

FOB Destination

46.

Delivery Schedule

47.

Invoicing and Discounts

4A.

Invoicing and Prompt Payment

4B.

Quantity

4C.

Dollar Volume

4D.

Other Special Discounts

48.

Trade Agreements Act of 1979 (as amended)

49.

Maximum Order Size (all dollar amounts are exclusive of any discount for prompt payment)

410.

Minimum Order Size

411.

Ordering Procedures

512.

Section 508 Compliance

513.

Licensing Agreement

514.

Special Item Number 132-33, Perpetual Licenses

1015.

Special Item Number 132-34, Software Maintenance

1116.

Special Item Number 132-50, Training

1317.

Special Item Number 132-51, Professional Services

14Professional Services Skill Category Descriptions

1718.

Software License Agreement (incorporated with purchase of SIN 132-33)

1. Geographic Scope of Contract

Domestic delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

2. Contractor’s Ordering Address and Payment Information

Financial Systems Consultants, Inc.

6409 Eppard Street

Falls Church, VA 22044

Phone: 703-536-0240

Fax: 703-536-8086

Contractor must accept the credit card for payments equal to or less than the micro-purchase for oral or written orders under this contract. The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold (See GSAR 552.232-79 Payment by Credit Card).

3. Liability for Injury or Damage

The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor.

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279 Block 9: G. Order/Modification Under Federal Schedule Contract

Block 16: Data Universal Numbering System (DUNS) Number: 780506333

Block 30: Type of Contractor: A: Small Business Block 31: Woman-Owned Small Business - No

Block 37: Contractor's Taxpayer Identification Number (TIN): 54-1564415 Block 40: Veteran Owned Small Business (VOSB): Yes

CAGE Code: 08MJ3

Contractor is registered with System for Award Management (SAM).

5. FOB Destination

6. Delivery Schedule

The Contractor shall deliver to destination within 30 calendar days after receipt of order.

7. Invoicing and Discounts Prices shown are NET prices, basic discounts have been deducted.

A. Invoicing and Prompt Payment

Invoices are due upon receipt. Terms are net 30. Payments received after 30 days are charged a penalty in accordance with the Prompt Payment Act.

B. Quantity

None.

C. Dollar Volume

D. Other Special Discounts

8. Trade Agreements Act of 1979 (as amended) All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. Maximum Order Size (all dollar amounts are exclusive of any discount for prompt payment)

The maximum order for Special Item Number 132-33, Perpetual Software Licenses, is $500,000.

10. Minimum Order Size The minimum size is $100.

11. Ordering Procedures

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.

12. Section 508 Compliance Software products licensed under this contract are compliant with section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

13. Licensing Agreement

Customers agree to follow and enforce the Licensing Terms for perpetual licenses offered via this contract (reference section 18).

14. Special Item Number 132-33, Perpetual Licenses

Which includes the following:

1. Software

This item includes Federal Real Property Management operating in the standard technical environment with full functionality including: Federal Property Management System Module and Federal Real Property Management Module.

2. Documentation

16 user manuals, 1 data dictionary

3. Initial Implementation Tasks

Initial implementation: FSC will install the software on the customer’s network server and database server and will install the required components on up to 16 client machines. FSC will perform an installation test to ensure that the software has been installed correctly.

Implementation Plan: FSC will work with the Agency/Bureau to develop and deliver a detailed work plan for the implementation of the software. This work plan will detail the critical tasks required for successful implementation, along with an implementation schedule and assignment of key responsibilities.

Acceptance Test Support: FSC will provide up to 2 person-months of acceptance test support. FSC will work with the Agency/Bureau to help define a plan for the acceptance test. FSC will provide hands-on support of client acceptance testers. FSC will maintain a log of any identified exceptions and will meet with the customer to respond to questions and to clarify issues.

Prices are exclusive of travel and per diem expenses.

Note that version contents are controlled solely by FSC.

FSC alone sets the delivery schedule for version changes.

Services are deemed accepted as they are performed and received on a daily basis. Invoices are due upon receipt.

This item does not provide for version changes that are determined by FSC to be custom enhancements. Custom enhancement work is conducted on a time and materials basis via Special Item Number 132-51, Professional Services.

This item does not include on-site support for User Acceptance Tests. Such support is available on a time and materials basis via Special Item Number 132-51, Professional Services.

18% of current named or concurrent-user license fee. Fee paid on an annual basis.

Which includes the following:

1. Software

This item includes Federal Personal Property Management operating in the standard technical environment with full functionality including: Federal Property Management System Module and Federal Personal Property Management Module.

2. Documentation

16 user manuals, 1 data dictionary

3. Initial Implementation Tasks

Initial implementation: FSC will install the software on the customer’s network server and database server and will install the required components on up to 16 client machines. FSC will perform an installation test to ensure that the software has been installed correctly.

Implementation Plan: FSC will work with the Agency/Bureau to develop and deliver a detailed work plan for the implementation of the software. This work plan will detail the critical tasks required for successful implementation, along with an implementation schedule and assignment of key responsibilities.

Acceptance Test Support: FSC will provide up to 2 person-months of acceptance test support. FSC will work with the Agency/Bureau to help define a plan for the acceptance test. FSC will provide hands-on support of client acceptance testers. FSC will maintain a log of any identified exceptions and will meet with the customer to respond to questions and to clarify issues.

Prices are exclusive of travel and per diem expenses.

Which includes the following:

1. Software

Customers that have ordered the first multi-user license (Personal Property version 1.1) may subsequently order an upgrade to version 1.2, 16 User license package to run on the same database server.

2. Documentation

16 user manuals

15. Special Item Number 132-34, Software Maintenance

Which includes the following:

1. Preprocessing of GSA PBS and Star Billing Files (Quarterly for PBS, Monthly for Star)

2. Access to restricted areas of FSC’s Federal RPM web site. Restricted areas are used to download files to update Federal RPM Geographic Location Code and Congressional Code tables, download GSA bill files, post technical questions, and participate in a professional collaborative area for all users of Federal RPM.

3. Telephone technical support. 5 days a week, 8 hours a day. FSC will respond to all technical calls within 1 business day.

4. Ability to download from the web, software patches

5. Preferential prices for subsequent releases of Federal RPM

6. Discounted pricing for other modules of Federal Property Management

Services are deemed accepted as they are performed and received on a daily basis. Invoices are due upon receipt.

On-site technical support may be purchased on a time and materials basis under Special Item Number 132-51, Professional Services.

Which includes the following:

1. Access to restricted areas of FSC’s Federal RPM web site. Restricted areas are used to download files to update Federal RPM Geographic Location Code and Congressional Code tables, download Personal Property Class Code files, post technical questions, and participate in a professional collaborative area for all users of Federal PPM.

2. Telephone technical support. 5 days a week, 8 hours a day. FSC will respond to all technical calls within 1 business day.

3. Ability to download from the web, software patches

4. Preferential prices for subsequent releases of Federal PPM

5. Discounted pricing for other modules of Federal Property Management

Services are deemed accepted as they are performed and received on a daily basis. Invoices are due upon receipt.

On-site technical support may be purchased on a time and materials basis under Special Item Number 132-51, Professional Services.

16. Special Item Number 132-50, Training

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

Standard training uses FSC’s baseline training material and exercises. Prices are exclusive of travel , per diem and set-up time. Set-up support can be acquired on a labor hours basis

17. Special Item Number 132-51, Professional Services

For this task, FSC will provide a block of hours toward implementation of Federal RPM or Federal PPM. Customers may use these hours for technical or functional support related to the implementation of this software.

Additional technical support services are available. This support is available on a labor hours basis according to the following rates:

Note: 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. Work is performed on a time and materials basis. Invoices are due upon receipt.

Professional Services Skill Category Descriptions

Implementation Manager - Manages and coordinates the implementation of system applications through all phases of the systems implementation life cycle including planning, requirements analysis, design, development, testing, installation and post implementation support. Coordinates work effort and reviews work products for quality, completeness and adherence to client requirements Experience: Minimum of 10 years of increasingly responsible experience in the management and development of complex computer systems

Education: Minimum of BS/BA

Senior Systems Analyst - Manages or plays a lead role in the performance of functional and technical analysis and development tasks. Performs tasks such as requirements analysis, software design, functional analysis, workflow studies and development of user procedures and training. May manage a project or team within a project

Experience: Minimum of 8 years of increasingly responsible experience in the analysis and design of complex computer systems

Education: Minimum of BS/BA

Systems Analyst - Participates in the performance of functional and technical analysis and development tasks. Performs tasks such as requirements analysis, software design, functional analysis, workflow studies and development of user procedures and training

Experience: Minimum of 3 years of increasingly responsible experience in the analysis and design of complex computer systems

Education: Minimum of BS/BA

Senior Systems Programmer - Manages or plays a lead role in the performance of technical systems development tasks. May manage a project or a team within a project. Has substantive experience with contemporary client/server software development practices and tools

Experience: Minimum of 7 years of increasingly responsible experience in the design, development and testing of complex computer systems

Education: Minimum of BS/BA

Systems Programmer - Participates in the performance of technical or systems development tasks. Has experience with contemporary client/server software development practices and tools

Experience: Minimum of 2 years of increasingly responsible experience in the design, development and testing of complex computer systems

Education: Minimum of BS/BA

Technical Writer/Documentation Specialist - Prepares and edits systems documentation, procedures guides and training material. Interprets technical documentation standards and prepares documentation according to the standards. Proofreads final products

Experience: Minimum of 5 years of experience in the development of training documentation, and user documentation

Education: Minimum of BS/BA

Senior Trainer - Manages or plays a lead role in training and user-support related tasks. Leads efforts in areas of training plan development, training material preparation, curricula definition and training course delivery. Has substantive experience with the training of user automated systems.

Experience: Minimum of 5 years of increasingly responsible experience in the development of training courseware and in conducting training classes.

Education: Minimum of BS/BA

Project Administrator - Provides administrative support to the project. Supports the production of project deliverables and performs clerical and administrative functions required to complete work related to the project

Experience: Minimum of 2 years of experience in clerical support

Education: BS/BA

Data Entry - Provides data analysis/input/installation services to support tasks, as required. Performs data analysis and documentation support.

Experience: One to three years of experience

Education: High School Diploma

18. Software License Agreement (incorporated with purchase of SIN 132-33) THIS AGREEMENT between Financial Systems Consultants, Incorporated ("Licensor", "FSC''), a corporation with its principal place of business located at 6409 Eppard Street Falls Church, Virginia 22044 and ("Licensee"), a Federal Government agency or bureau.

WHEREAS, Licensor owns all right, title, and interest in and to the computer software, firmware, and related documentation for the Federal Real Property Management System ("Licensed Program"); and

WHEREAS, Licensor desires to grant, and Licensee desires to obtain, a non-exclusive, royalty free, and nontransferable license to use said Licensed Program in accordance with the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, THE PARTIES HEREBY AGREE as follows:

1. Definitions.

For purposes of this Agreement, the following terms shall have the following meanings:

A. "Licensed Program" shall mean the Federal Real Property Management System, including all software, firmware, and documentation thereto.

B. "Eligible' computer" shall mean the computer system for which the Licensed Program was purchased or for which its use is authorized. Eligible computer shall include replacement hardware, software, and firmware employed during repair or maintenance of the eligible computer as well as successor units to said eligible computer.

2. Acknowledgements Licensee hereby agrees that the Licensed Program (i) Was developed exclusively at private expense by Licensor, (ii) is a trade secret of and proprietary and confidential to the Licensor, (iii) constitutes “existing software” within the meaning of FAR 2.101, and (iv) constitutes “existing software” within the meaning of FAR 27.405(b)(2). Licensee further acknowledges and understands that Licensor relies on Licensee's agreement under this paragraph, because without such agreement the Licensor would not otherwise enter into this transaction.

3. Interest Granted.

A. Licensor hereby grants Licensee a non-exclusive and nontransferable license to use the Licensed Program on the eligible computer. Nothing herein shall be construed to grant Licensee any right whatsoever to use the Licensed Program on any computer or local area network other than the eligible computer, even though such other computer or local area network may be resident in the same data center. Nothing herein shall be construed to grant Licensee any right whatsoever to own, use, or license others to use the Licensed Program except as specifically set forth herein. Licensor's performance of its obligations and responsibilities arising under this Agreement is contingent upon Licensee's observance of all obligations and responsibilities that it has undertaken by entering into this Agreement.

B. Licensee may use the Licensed Program only in the following manner:

B.1. Licensee may install and use one (1) copy of the Licensed Program's server-side applications and related files on one (1) server platform;

B.2. Licensee may install and use Licensed Program client-side applications and related files based upon the number of named user licenses purchased;

B.3. Licensee may make backup and archive copies of the Licensed Program provided that these copies are never copied to or installed on any computer except to replace a damaged or corrupted copy of the Licensed Program that was properly licensed within subparagraphs B.1) and B.2) of this paragraph;

B.4. Licensee may transfer the Licensed Program from one computer to another provided that the Licensee never has more copies of the Licensed Program residing on computers than the number authorized by subparagraphs B.1) and B.2) of this paragraph;

B.5. Licensee may not transfer any copy of the Licensed Program to any other facility whether public or private, without the prior express written approval of Licensee (except for backup or archival purposes within the scope of subparagraph B 3) of the paragraph B.3) , and ;

B.6. Licensee may not permit the Licensed Program to be disclosed to shown to, or used by, other third parties (including contractors) without the prior express written approval of Licensor.

4. Payment of License Fee

a. Licensee shall pay to Licensor the amount set forth in the GSA Price List.

b. Any use, duplication or release of the Licensed Program by the Licensee not expressly authorized by this Agreement shall subject the Licensor to further fees, including but not limited to additional prices, reasonable royalties, and/or other damages.

5. Ownership of Licensed Program

Licensee acknowledges that Licensor owns all right, title, and interest in and to all software, firmware, documentation, technical data, and proprietary information relating to the Licensed Program (whether or not such software, firmware, documentation, data, or information is subject to copyright, trade secret, or other protection). Licensee further acknowledges that all right, title, and interest in and to any software, firmware, documentation, and technical data which Licensor may develop hereunder, including any modifications, enhancements, or developments thereto, shall belong exclusively to Licensor. Licensee shall have no rights to such software, firmware, documentation, technical data, or proprietary information except as expressly provided in this Agreement.

6. Assignment Prohibited

Licensee shall not assign, sub license, or otherwise transfer any of its rights under this Agreement or the license granted thereby without prior written consent of the Licensor.

7. Limited Warranty

A. Licensor warrants to the Licensee that the media on which the program is contained is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of acquisition, Licensor will replace a defective media at no charge if it is returned within such thirty (30) day period. LICENSOR MAKES NO IMPLIED WARRANTY REGARDING THE MERCHANTABILITY OR THE FITNESS FOR A PARTICULAR PURPOSE OF THE LICENSED PROGRAM.

B. For a period of thirty (30) days after final acceptance of the Licensed Program, with the exception of latent defects, upon notification by Licensee to Licensor of program errors, Licensor shall use its best efforts to verify and correct such errors on a timely basis. Licensor has no responsibility to correct defects of any other nature, except those covered by the express warranty contained herein.

C. Licensor warrants that the Licensed Program will correctly process date and time information from, into and between the twentieth and twenty-first centuries including leap year calculations when used in accordance with the documentation provided with the Licensed Program including when used in combination with other hardware or software products that themselves correctly process date and time information from, into and between the twentieth and twenty-first centuries.

8. Modification and Enhancements

A. The Licensor is under no obligation to furnish any enhancements or modifications to the Licensee. However, it is the Licensor's present intention to furnish enhancements or modifications to the Licensee if the Licensee purchases the Upgrade Advantage product (see GSA Product List).

B. Licensor shall not be responsible for any changes made to the Licensed Program by any party other than itself without the written permission of Licensor. Any changes made without the written permission of Licensor shall immediately release Licensor from any and all obligations to correct or maintain the Licensed Program. In no way shall this provision alter or modify the Licensee's duty and obligation to maintain the confidentiality of the Licensed Program.

9. Confidentiality

Licensee shall not decompile, reverse engineer, or disassemble the software or firmware related to or contained in the Licensed Program or cause or allow another to decompile, reverse engineer, or disassemble such software or firmware. Because the Licensed Program is a "trade secret" it falls under Freedom of Information Act Exemption (b)(4) and thus no portion of the Licensed Program or documentation shall be released under the Freedom Information Act without the express, prior written consent of the Licensor.

10. Administration of Agreement

A. The effective date of this Agreement shall be the date of Licensor's purchase of the perpetual license (SIN 132-33). The Licensee may use the Licensed Program in accordance with the terms and conditions of this Agreement in perpetuity. If at any time the Licensee desires to terminate its obligations under this Agreement, Licensee shall return all copies of the Licensed Program to the Licensor, or else shall destroy all copies, including archival and backup copies.

B. In the event of any dispute that cannot be resolved through good faith negotiations, the dispute shall be subject to a final decision of Licensee’s cognizant Contracting Officer which the Licensor may appeal pursuant to the Contract Disputes Act of 1978. The parties agree to use alternative dispute resolution, including reference to arbitration, to the maximum extent permitted by Federal law and policy. Licensee agrees not to use or disclose the Licensed Program in contravention of the terms of this Agreement (not withstanding the terms of any other agreements executed between the Licensee and Licensor) until the dispute has been resolved to its finality pursuant to this paragraph, which includes, if necessary, the decision of a court or administrative board in any action taken under the terms of this Agreement.

11. Waivers

The waiver by Licensor of any breach of any term or condition of this Agreement shall not constitute a waiver of any subsequent breach or nullify the effectiveness of that term or condition.

12. Notices

All notices under this Agreement shall be delivered to the addressees set forth above. unless a different address is designated in writing for such purpose by first class mail. postage prepaid. Notices shall be deemed received after 5 days of mailing.

13. Limitations of Liability

Licensor shall not be liable to Licensee for any damages, including, but not limited to. special, incidental, or consequential damages, arising from breach of warranty, breach of contract, negligence, strict liability on tort, or any other legal theory. Such damages include, but are not limited to, loss of profits or revenue, cost of capital, overhead costs, cost of any substitute services, or claims of customers of Licensee for any such damages. In any case, the maximum liability of Licensor shall be in the amount of the licensing fee paid under this Agreement.

14. Indemnification A. Licensee shall exonerate, indemnify, and hold Licensor harmless from and against all claims made against Licensee based upon, arising out of or in any way related to, the operation or condition of Licensee's premises. the conduct of business there, the ownership, use, or possession of real or personal property, or the negligent act, misfeasance, or nonfeasance by the Licensee or any of its agents, contractors, servants, employees, or licensees.

B. Licensee shall further exonerate and indemnify Licensor from any and all fees (including attorney's fees), costs, and other expenses incurred by or on behalf of Licensor in the investigation of, or any defense against, any such claim.

15. Sole Agreement and Precedence

This Agreement constitutes the entire understanding between the parties and supersedes any previous communications, representations, or agreements, whether verbal or written. This Agreement takes precedence over all purchase orders and acknowledgment forms, which may be used to order and confirm separate shipments of the Licensed Program. No change or modification of any of the terms or conditions of this Agreement shall be valid or binding on either parry unless in writing and signed by an authorized representative of each party.

16. Compliance with Laws: Severability of Provisions

Both parties expressly agree that it is not the intention of either party to violate statutory or common law and that if any section, sentence, paragraph, clause, or combination of the same is in violation of any law, such sections, sentences, paragraphs, clauses, or combination of same shall be inoperative and the remainder of this Agreement shall remain binding upon the parties.

17. Headings

Paragraph headings used in this Agreement are not to be deemed to be part of this Agreement, but are for convenience only and do not effect or limit the meaning of the language of the paragraphs.

18. Binding Effect

This Agreement shall be binding on, and inure to the benefit of the parties, their successors, assigns, and heirs.