MAS - Terarecon Inc. - GS35F138AA

GENERAL SERVICES ADMINISTRATION

FEDERAL ACQUISITION SERVICE

AUTHORIZED FEDERAL SUPPLY SCHEDULE FSS PRICE LIST

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.

SCHEDULE TITLE: MULTIPLE AWARD SCHEDULE (MAS)

LARGE CATEGORY: INFORMATION TECHNOLOGY

FSC CLASS: 513210

CONTRACT NUMBER: GS-35F-138AA

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

Contract Period: 12/21/2022 – 12/20/2027

Price List current as of Modification PA -0040 effective 02/21/2025

TeraRecon, Inc.

4309 Emperor Blvd, STE 310

Durham, NC 27703-8069

(650) 372-1100 http://www.terarecon.com

Contract Administration

Margie Lawlor

VP, Strategic Alliances

E-mail: mlawlor@terarecon.com

Phone: (205) 200-2767

Business Size: Other than Small http://www.gsa.gov/schedules http://www.terarecon.com/ mailto:mlawlor@terarecon.com

Customer Information 1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs):

SINs Recovery SIN Title

33411 33411RC Purchasing of new electronic equipment

511210 511210RC Software Licenses

611420 611420RC Information Technology Training

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

OLM OLMSTLOC

OLMRC

Order-Level Materials (OLM’s)

1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH AWARDED SIN: See Appendix A

1c. HOURLY RATES (Services only): See Appendix A

2. MAXIMUM ORDER THRESHOLD:

SINs Maximum Order

33411 $500,000

511210 $500,000

611420 $250,000

811212 $500,000

OLM $250,000

3. MINIMUM ORDER THRESHOLD: $100.00

4. GEOGRAPHIC COVERAGE: Domestic Only

5. POINT(S) OF PRODUCTION: Foster City, CA

6. DISCOUNT FROM BEST MARKET RATE: GSA Net Prices can be found in Pricing Matrixes (below). Negotiated discounts have been applied and the Industrial Funding Fee has been added.

7. QUANTITY DISCOUNT(S): None

8. PROMPT PAYMENT TERMS: Net 30 days.

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: 33411/511210 – 10 Days ARO. 811212/611420/ – Determined at the task order level.

10b. EXPEDITED DELIVERY: Items available for expedited delivery are noted in this price list. Contact Contractor

10c. OVERNIGHT AND 2‐DAY DELIVERY: Contact Contractor if Available

10d. URGENT REQUIRMENTS: Agencies can contact the Contractor’s representative to affect a faster delivery.

Customers are encouraged to contact the Contractor for the purpose of requesting accelerated delivery.

11. FOB POINT: Destination

12a. ORDERING ADDRESS: 4309 Emperor Blvd, STE 310 Durham, NC 27703-8069

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: 4309 Emperor Blvd, STE 310 Durham, NC 27703-8069

14. WARRANTY PROVISION: Standard Commercial

15. EXPORT PACKING CHARGES: None

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 AVAILABLE): Not Applicable

18b. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): Not Applicable

19. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): Not Applicable

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. SECTION 508 COMPLIANCE FOR ELECTRONIC AND INFORMATION TECHNOLOGY (EIT): Compliant.

The EIT standards can be found at: www.Section508.gov/.

23. UNIQUE ENTITY IDENTIFIER (UEI) NUMBER: NJX3EKJRZP68

24. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE:

Contractor has an active registration in the System for Award Management (SAM) database.

http://www.section508.gov/

33411 10‐0311 Aquarius iNtuition Rendering Server; Dell 2U Rack Render Node Server HW (Dell 2U Rack) $9,874.06

33411 10‐0311‐01 Aquarius iNtuition Rendering Server; Dell Tower Render Node Server HW (Dell Tower) $9,874.06

33411 10‐0350 Aquarius APS/Gate Server Hardware; Dell 1U Rack APS and Gate HW (Dell) $7,899.24

33411 10‐0313 Aquarius iNtuition Rendering Server, HP 2U Rack Render Node Server HW (HP 2U Rack) $9,874.06

33411 10‐0351 Aquarius APS/Gate Server Hardware; HP 1U Rack APS and Gate HW (HP) $7,899.24

33411 10‐0124 iNtuition Workstation HW Workstation HW (Dell) $4,937.03

33411 50‐0010 HASP USB Key, iNtuition Master (Render Node) Aquarius iNtuition Rendering Server Master HASP Key $98.74

33411 50‐0011 HASP USB Key, iNtuition Slave (Render Node) Aquarius iNtuition Rendering Server Slave HASP Key $98.74

33411 50‐0012 HASP USB Key, iNtuition Slave (Aquarius APS) Aquarius iNtuition APS Slave HASP Key $98.74

33411 50‐0013 HASP USB Key, iNtuition Slave (AquariusGATE) AquariusGATE Slave HASP Key $98.74

33411 50‐0014 HASP USB Key, iNtuition Standalone (Render Node) Aquarius Standalone Render Node HASP Key $98.74

33411 50‐0015 HASP USB Key, iNtuition Standalone (AquariusAPS) AquariusAPS Standalone HASP $98.74

33411 50‐0016 HASP USB Key, iNtuition Standalone (AquariusGATE) AquariusGATE Standalone HASP $98.74

Appendix A – Price List

SIN Part Number Product Name Product Description GSA Rates

Hardware (33411)

811212 91‐0311

1‐Year Maintenance of Aquarius iNtuition Rendering Server

Hardware (Dell 2U Rack) Annual Maintenance on Dell 2U Rack Render Node

Server (10‐0311) $831.23

811212 91‐0312

1‐Year Maintenance of Aquarius iNtuition Rendering Server

Hardware (Dell Tower) Annual Maintenance on Dell Tower Render Node

Server (10‐0311‐01) $831.23

811212 91‐0313

1‐Year Maintenance of Aquarius APS/GATE Server

Hardware (Dell 1U Rack) Annual Maintenance on APS/GATE Dell 1U Server

(10‐0350) $664.99

811212 91‐0314

1‐Year Maintenance of Aquarius iNtuition Rendering Server

Hardware (HP 2U Rack) Annual Maintenance on HP 2U Rack Render Node

Server (10‐0350) $831.23

811212 91‐0315

1‐Year Maintenance of Aquarius APS/GATE Server

Hardware (HP 1U Rack) Annual Maintenance on APS/GATE HP 1U Server (10‐

0351) $664.99

811212 91‐0316 1‐Year Maintenance of Aquarius Workstation Hardware

Annual Maintenance on iNtuition Workstation

Hardware (10‐0124) $415.62

811212 91‐0350 1‐Year Maintenance of Aquarius iNtuition Laptop Hardware

Annual Maintenance on the iNtuition Laptop

Hardware (10‐0352) $249.37

Appendix A – Price List

SIN Part Number Product Name Product Description GSA Rates

Hardware Maintenance & Support (811212)

511210 33‐1200‐03 Perpetual Software License Kit for Large Hardware (VLI software and VP CUDA GPU not included)

License:

‐ Two (2) HASP key for Intuition/AquariusNET render node

‐ Two (2) Software key for AquariusAPS

‐ Two (2) Software key for AquariusGATE

‐ One (1) HASP key for 1 Intuition Concurrent User for deployment in test server of new software versions

$0.01

511210 83‐1200‐01 Perpetual Software VP CUDA Technology Upgrade License –

Per Site VP CUDA Technology Upgrade License ‐ Per Site $22,166.25

511210 83‐1211‐01 Perpetual Software Server based ‐ One (1) Instance of VLI

Software Per 8GB GPU

One (1) Instance of VLI Software per 8GB GPU ‐

Server Based $4,335.72

511210 84‐0020 Perpetual software AquariusGATE Software License SW license for the DICOM router $5,541.56

511210 84‐0088 Perpetual software AquariusAPS Software License SW license for the Advanced Pre‐Processing Server

(AquariusAPS) $16,624.69

511210 84‐1011‐001‐s Intuition Gold Suite Software License ‐ 1 Year Maintenance Annual Maintenance of Intuition Gold Suite Software

License $5,027.30

511210 84‐1013‐001 Perpetual Software Intuition Platinum Suite Software

License ‐ 1 CCU

1 Concurrent User of Intuition Platinum Suite

Software License $35,111.34

511210 84‐1013‐001‐s Intuition Platinum Suite Software License ‐ 1 Year

Maintenance

Annual Maintenance of Intuition Platinum Suite

Software License $6,320.15

511210 84‐5010‐001‐op Term Software Intuition Titanium Suite Software

Subscription – 1 CCU

Annual Subscription of One (1) Concurrent User of

Intuition Titanium Suite Software $30,955.17

511210 84‐5045‐001‐op Term Software Intuition Titanium Essentials Software

Subscription – 1 CCU

Annual Subscription of One (1) Concurrent User of

Intuition Titanium Essentials Software $12,745.59

511210 91‐0350‐01 Term Software 1 Year Maintenance on the Laptop Software

Platform

Annual Maintenance on the SW platform for iNtuition on a laptop (Part# 84‐0300‐01) $1,662.47

511210 91‐1169 Term Software 1 Year Maintenance on the AquariusGATE

SW License

Annual Maintenance on the SW license for the

AquariusGATE DICOM router (84‐0020) $831.23

511210 91‐1302 Term Software 1 Year Maintenance on the AquariusAPS SW

License

Annual Maintenance on the SW license for the

Advanced Pre‐Processing Server (AquariusAPS) (84‐

0088)

$2,493.70

511210 91‐1700 Term Software 1 Year Maintenance of the iNtuition

Workstation Concurrent User SW License

Annual Maintenance on the iNtuition Workstation's concurrent users (84‐0400) $515.37

Appendix A – Price List

Product Name Product Description Part Number SIN GSA Rates

Software Licenses (511210)

Course Title Course Description Option

MIN. MAX.

91‐0216 | 1‐day (8 hours) Clinical

Applications Training

This one‐day course provides basic training for all products and clinical modules, where 2 or more of the following described modules are covered for a minimum of one trainee. Depending on the level of expertise of the trainee(s) and/or the number of trainees to be trained, more modules may be covered. At a minimum, TeraRecon guarantees to cover 2 modules with one trainee.

Onsite 1 Day 1 2 $2.02

91‐0013 | 3‐day Clinical Applications

Training

This three‐day course provides basic, intermediate, and advanced training for all products and clinical modules, where 6 or more of the following described modules are covered for a minimum of one trainee. Depending on the level of expertise of the trainee(s) and/or the number of trainees to be trained, more modules may be covered. At a minimum, TeraRecon guarantees to cover 6 modules with one trainee. Training will consist of three consecutive eight hour days. Training is scheduled based on availability. The price includes all travel and lodging expenses for the trainer. Module descriptions are:Module 1:Product introduction‐ Basic software operation and it’s configuration on the system; file folders and paths; review of Patient List functions including import and export; and general 2D review capabilities.Module 2:3D Basic Training‐ 3D review, templates, free curve editing, 3D cut‐planes, MPR, MIP, and orientation controls. Module 3:Output Training‐ Use of the output panel to generate reports (MS Word, XML, etc.); JPG images, saved DICOM files; batch 2D or 3D reviews; and batch 3D module for AVI movie generation.Module 4:Calcium Scoring‐ A case‐by‐case review of training data. Trainee calcium scoring with trainer support and advice; front‐desk module data entry; and report and calcium session management.Module 5:Export training‐ Setting up a patient CD; collecting images and datasets for the patient CD; setup and configuration of a site logo in free viewer; storing AVI movie files and reports on the patient CD; and restoring images from the patient

CD.Module 6:Fly‐through training‐ Fly‐through module for Colon, airways and vessels; side‐by‐side review; 2D to 3D correlation; AVI movie generation; report generation; fly‐through controls; and vessel analysis.Module

7:Intermediate 3D‐ Full training on MIP, MPR, RAYSUM, MinIP, free curve editing for 3D, cut‐planes and slabs; point‐ and‐click segmentation training; erosion and dilation; creating custom templates; changing colors and rendering settings; saving scenes; and using masks.Module 8:Advanced 3D and 4D training‐ 4D visualization (Time‐Volume‐

Analysis); advanced curve editing for rendering settings; and slab MIP for coronary CTA review.Module 9:Batch

Training‐ Detailed training on generating batch 2D views and 3D movies. Module 10:AquariusNET server administration‐ Use of the AquariusNET and administration pages; configuring DICOM clients; administering studies;

and installing AquariusNET client software.Module 11:AquariusNET Client training‐ Loading, reviewing and reporting on studies using the AquariusNET thin client application. The course covers 3D, 4D, MIP MPR, Axial review and interactive reporting. Modalities include CR, DR, XA, CT and MR review.

Onsite 3 Day 1 6 $6.05

91‐0021 | Advanced Clinical Applications

Training Course for 3D Imaging

Course fee for one attendee to attend a training course at the company's headquarters in Foster City, CA. Travel and lodging expenses are included, up to$1,500 per attendee. The course offers very focused advanced training that is best suited for experienced users of 3D workstations.

Offsite

(company's headquarters)

3 Day 1 12 $12.09

91‐0031 | 2‐hour One‐on‐One Clinical

Applications Web‐Based Consultation

This course is a highly interactive customized training conducted through the internet by a TeraRecon Clinical

Applications Specialist. The course content is at the discretion of the individual being trained. The teleconferencing service is provided by TeraRecon and the Customer is responsible for its own internet connectivity.

Web‐based only 2 Hours 1 1 $1.01

Participates GSA

Rates

Appendix A – Training Courses Prices

Information Technology Training (611420)

Course

Length

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:

Installation Services (8-hours, Onsite) are $1,400/Day. Days required will be determined at the task order level.

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 requirement 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.

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.

Refer to TeraRecon, Inc. Standard Commercial Warranty

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.

Appendix B – Terms and Conditions

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:

TeraRecon, Inc.

4000 E. 3rd Ave, STE 200 Foster City, CA 94404

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 MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR

GOVERNMENT‐OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT,

RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT

(SPECIAL ITEM NUMBER 811212)

1. SERVICE AREAS

a. The maintenance and repair service rates listed herein are applicable to any ordering activity locations 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:

TeraRecon, Inc.

4000 E. 3rd Ave, STE 200 Foster City, CA 94404

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.

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 Information Technology 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.

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. QUNTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: NONE

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 a 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

1. 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.

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

(2) AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas) When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones.

No extra charge, time, or expense 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)

1. 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.

2. 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

MINIMUM

CHARGE

REGULAR

HOURS

AFTER

HOURS

SUNDAYS/

HOLIDAYS

CONTRACTOR’S SHOP $1,400 $175 $175 $175

ORDERING ACTIVITY LOCATION

(WITHIN ESTABLISHED SERVICE AREAS) $1,400 $175 $175 $175

ORDERING ACTIVITY LOCATION

(OUTSIDE ESTABLISHED SERVICE AREAS) $1,400 $175 $175 $175

*MINIMUM CHARGES INCLUDE 8 FULL HOURS ON THE JOB.

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

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 October 2017, at a discount of *% from such listed prices.

* Refer to Proposed GSA Pricelist

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

a. REPAIR SERVICE

All repair work will be guaranteed/warranted for a period consistent with TeraRecon, Inc.’s Standard Commercial Warranty

b. REPAIR PARTS/SPARE PARTS All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period consistent with TeraRecon, Inc.’s Standard Commercial Warranty

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.

****Best-in-Class (BIC) Designation****

Offerors submitting an offer for a SIN(s) under the “IT Software Sub-category” must also comply with the following:

1) Technical Support: Without additional charge to the ordering activity, shall provide a hot line technical support number for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available shall be available during specified hours.

a) At the task or delivery order level, provide a telephone number and hours of operation for technical support hotline; indicate applicable time zone for the hours of operation—i.e., Eastern time, Central, Mountain or Pacific time.

2) Descriptions and Equipment Compatibility: Offerors shall include in the GSA Price List (I-FSS-600 CONTRACT PRICE LISTS (OCT 2016) a complete description of each software product including the operating systems on which the software can be used.

Also included shall be a brief, introductory explanation of the modules and documentation which are offered.

3) Right-to-Copy Pricing: Offerors shall insert the discounted pricing for right-to-copy licenses, if commercially available, in the GSA Price List (I-FSS-600 CONTRACT PRICE LISTS (OCT 2016).

4) Utilization Limitations

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 shall be subject to the following:

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

ii 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.

iii Except as provided 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.

iv The ordering activity shall have the right to use the software and documentation with the run-time computing environment (e.g. operating system, virtual machine, mobile operating system, processor etc.) to be specifically identified for which it is acquired at any other facility/user device to which that time computing environment may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site/user device if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the software and documentation with a backup time computing environment when the primary is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site/user 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.

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SPECIAL ITEM NUMBER 511210) AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 54151) OF GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY SOFTWARE

v "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.

vi Licensee Data belongs exclusively to Licensee, regardless of where the Data may reside at any moment in time including, but not limited to Licensor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from time to time. Licensor makes no claim to a right of ownership in Licensee Data. Licensor agrees to keep the Licensee Data Confidential as that term is defined in the relevant FAR and DFARS provisions pertaining to Confidential Information and Confidentiality. Licensor is not permitted to use Licensee’s data for a purpose that is not explicitly granted in writing by Licensee. Upon Licensee request, for any reason whatsoever, Licensor must promptly return all Licensee Data in Licensor’s possession in a format as may be designated at the time of request by Licensee.

vii Licensee may create or hire others (including Licensor) to create modifications, customizations or other enhancements to the Software which might be classified as “Derivative Works” of the software. Unless otherwise negotiated and mutually agreed upon at the order level, the intellectual property (IP) rights to the Derivative Works shall be owned by the owner of the underlying intellectual property. The Derivative Work[s] shall be made available to the Licensee through a royalty free, perpetual worldwide, no charge license to the Licensee.

Term Licenses The word "Term" is defined in this Solicitation as "a limited period of time". Term Software Licenses have a limited duration and are not owned in perpetuity. Unless Offerors provide an option for converting Term licenses into perpetual licenses, users lose the right to use these licenses upon the end of the term period. This SIN is NOT Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS) as defined in SIN 518210C - Cloud and Cloud-Related IT Professional Services. Term Software Licenses are distinct from Electronic Commerce and Subscription Services (SIN 54151ECOM).

Perpetual Licenses The word "perpetual" is defined in this Solicitation as "continuing forever, everlasting, valid for all time".

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 is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, online help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for users self diagnostics.

Software Maintenance as a product is billed at the time of purchase.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package.

These examples are considered software maintenance services under SIN 54151 Software Maintenance Services.

A. Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability.

An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

B. Contractors are encouraged to offer SIN 54151 Software Maintenance Services in conjunction with SIN 511210 - Software Licenses.

C. Conversion from Term License to Perpetual License i When standard commercial practice offers conversions of term licenses to perpetual licenses, and an ordering activity requests such a conversion, the contractor shall provide the total amount of conversion credits available for the subject software within ten (10) calendar days after placing the order.

ii When conversion credits are provided, they shall continue to accrue from one contract period to the next, provided the software has been continually licensed without interruption.

iii The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license.

iv When conversion from term licenses to perpetual licenses is offered, the price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to a percentage of all term license payments during the period that the software was under a term license within the ordering activity.

D. Term License Cessation i After a software product has been on a continuous term license for a period of N/A months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited. Contractors who do not commercially offer conversions of term licenses to perpetual licenses shall indicate that their term licenses are not eligible for conversion at any time.

ii Each separately priced software product shall be individually enumerated, if different accrual periods apply for the purpose of perpetual license attainment.

iii Fill-in data and specific terms shall be attached to the GSA Price List (I-FSS-600 CONTRACT PRICE LISTS (OCT 2016)).

iv The Contractor agrees to provide updates and software maintenance services for the software after a perpetual license has accrued, at the prices and terms of SIN 54151 – Software Maintenance Services, if the licensee elects to order such services.

Title to the software shall remain with the Contractor.

E. Utilization Limitations for Perpetual Licenses i Software Asset Identification Tags (SWID) (Option 1 Perpetual License)

1) Option 1 is applicable when the Offeror agrees to include the International Organization for Standardization/International Electrotechnical Commission 19770-2 (ISO/IEC 19770- 2:2015) standard identification tag (SWID Tag) as an embedded element in the software. An ISO/IEC 19970-2 tag is a discoverable identification element in software that provides licensees enhanced asset visibility. Enhance visibility supports both the goals of better software asset management and license compliance. Offerors may use the National Institute of Standards and Technology (NIST) document “NISTIR 8060: Guidelines for Creation of Interoperable Software Identification (SWID) Tags,” December 2015 to determine if they are in compliance with the ISO/IEC 19770-2 standard.

2) Section 837 of The Federal Information Technology Acquisition Reform Act (FITARA) of 2014, requires GSA to seek agreements with software vendors that enhance government- wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. The Megabyte Act of 2016 requires agencies to inventory software assets and to make informed decisions prior to new software acquisitions. In June of 2016, the Office of Management and Budget issued guidance on software asset management requiring each CFO Act (Public Law 101-576 –11/15/1990) agency to begin software inventory management (M-16-12). To support these requirements, Offerors may elect to include the terms of Option 1 and/or Option 2, which support software asset management and government-wide reallocation or transferability of perpetually licensed software.

ii Reallocation of Perpetual Software (Option 2 Perpetual License)

1) The purpose of SIN 511210 OPTION 2 is to allow ordering activities to transfer software assets for a pre-negotiated charge to other ordering activities.

2) When an ordering activity becomes aware that a reusable software asset may be available for transfer, it shall contact the Contractor, identify the software license or licenses in question, and request that these licenses be reallocated or otherwise made available to the new ordering activity.

3) Contractors shall release the original ordering activity from all future obligations under the original license agreement and shall present the new ordering activity with an equivalent license agreement. When the new ordering activity agrees to the license terms, henceforth any subsequent infringement or breach of licensing obligations by the new ordering activity shall be a matter exclusively between the new ordering activity and the Contractor.

4) The original ordering activity shall de-install, and/or make unusable all of the software assets that are to be transferred.

It shall have no continuing right to use the software and any usage shall be considered a breach of the Contractor’s intellectual property and a matter of dispute between the original ordering activity/original license grantee and the licensor.

5) As a matter of convenience, once the original licenses are deactivated, di-installed, or made otherwise unusable by the original ordering activity or license grantee, the Contractor may elect to issue new licenses to the new ordering activity to replace the old licenses. When new licenses are not issued, the Contractor shall provide technical advice on how best to achieve the functional transfer of the software assets.

6) Software assets that are eligible for transfer that have lapsed Software Maintenance Services (SIN 54151) may require a maintenance reinstatement fee, chargeable to the new ordering activity or license grantee. When such a fee is paid, the new ordering activity shall receive all the rights and benefits of Software Maintenance Services.

7) When software assets are eligible for transfer, and are fully covered under pre-paid Software Maintenance Services (SIN 54151), the new ordering activity shall not be required to pay maintenance for those license assets prior to the natural termination of the…