Federal Supply Schedule GS35F4348D

A Small, Woman-Owned Business

Authorized Information Technology Schedule Pricelist

Pricelist through Modification No. PO-0089 effective February 15, 2011

Sierra Nevada Corporation

GS-35F-4348D www.sncorp.com Page 1

AUTHORIZED FEDERAL SUPPLY

SERVICE INFORMATION

TECHNOLOGY SCHEDULE

PRICELIST

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT

AND SOFTWARE

Special Item Numbers (SIN) Products/Services 132-8 .............................................................. Purchase of Equipment 132-12 ............................................... RepairService and Repair Parts 132-51 ........................ Information Technology Professional Services

SIN 132-8 Purchase of Equipment FSC Class 7010 .................................... SYSTEM CONFIGURATION

End User Computer/Desktop Computers Laptop/Portable/Notebook Computers Optical and Imaging Systems

FSC Class 7025 ............ INPUT/OUTPUT AND STORAGE DEVICES

Printers Display Optical Recognition Input/Output Devices Storage Devices including Magnetic Storage, Magnetic

Tape and Optical Disk

FSC Class 7035 .................................. ADP SUPPORT EQUIPMENT

ADP Support Equipment

FSC Class 7042 ................................ MINI AND MICRO COMPUTER

CONTROL DEVICES

Microcomputer Control Devices

FSC Class 7050 ................................................ ADP COMPONENTS

ADP Boards

NOTE: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act apply.

SIN 132-51 Information Technology Professional Services

FPDS Code D301 .................. IT Facility Operation and Maintenance FPDS Code D302 .................. IT Systems Development Services FPDS Code D306 .................. IT Systems Analysis Services FPDS Code D307 .................. Automated Information Systems

Design and Integration Services FPDS Code D308 .................. Programming Services FPDS Code D310 .................. IT Backup and Security Services FPDS Code D311 .................. IT Data Conversion Services FPDS Code D316 .................. IT Network Management Services FPDS Code D399 .................. Other Information Technology

Services, Not Elsewhere Classified

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 Group 70 – Information Technology 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.

Contractor:

444 Salomon Circle Sparks, NV 89434

(775) 331-0222 www.sncorp.com

A Small, Woman-Owned Business

Contract Number: GS-35F-4348D

Period Covered By Contract:

August 30, 1996 through March 31, 2012

General Services Administration Federal Supply Service

Products and ordering information in this Authorized Information Technology

Schedule Pricelist is also available on the GSA Advantage! System.

Agencies can browse GSA Advantage! By accessing GSA’s Home Page via

Internet at www.gsa.gov.

GS-35F-4348D www.sncorp.com Page 2

TABLE OF CONTENTS

Section Page

Information for Ordering Activities

Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment (Special Item Number 132-8)

Terms and Conditions Applicable to Repair of Government-Owned General Purpose Commercial Information Technology Equipment, After Expiration of Guarantee Provisions (Special Item Number 132-12)

Terms and Conditions Applicable to Information Technology (IT) Professional Services (Special Item Number 132-51)

USA Commitment to Promote Small Business Participation Procurement Programs

Suggested Formats for Blanket Purchase Agreements

IT Services Pricelist

Equipment Pricelist

CONTRACT MODIFICATIONS

This Schedule Contract Pricelist includes Modifications through Number PO-0089 effective February 15, 2011.

INFORMATION FOR ORDERING

ACTIVITIES

SPECIAL NOTICE TO AGENCIES

Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals.

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals.

It should also be used as a tool to assist in including small, small disadvantaged and women-owned small businesses among those considered when selecting pricelists for a best value determination.

For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

1. GEOGRAPHIC SCOPE OF CONTRACT:

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

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

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories.

The Geographic Scope of Contract will be domestic delivery only.

2. CONTRACTOR ORDERING ADDRESS AND ORDERING

INFORMATION:

a. ORDERING ADDRESS.

444 Salomon Circle Sparks, NV 89434

b. PAYMENT ADDRESS.

Sierra Nevada Corporation 444 Salomon Circle Sparks, NV 89434

c. GOVERNMENT CREDIT CARDS. Contractors are required to accept credit cards for payments equal to or less that the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro-purchase threshold. In addition, GS-35F-4348D www.sncorp.com Page 3 bank account information for wire transfer will be printed on the invoice.

d. TECHNICAL AND/OR ORDERING ASSISTANCE. The following telephone number(s) that can be used by ordering activities to obtain technical and/or ordering assistance:

Technical & Ordering Assistance ................ (865) 977-8518

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:

a. Information for Field Buying Offices to Complete Standard

Form 279, Federal Procurement Data System (FPDS) Individual Contract Action Report.

Block 9: G (Order/Modification Under Federal

Schedule).

Block 16: Contractor Establishment Code (DUNS) is

09-437-3495. (*note: 17-498-5684 is the Duns for Tactical Communications, a division of Sierra Nevada Corporation)

Block 30: Type of Contractor is (B) Other Small Business.

Block 31: Woman-Owned Small Business (Yes).

Block 34: RESERVED.

Block 36: Contractor’s Tax Identification Number

(TIN) is 88-0094415.

b. CAGE CODE: 8X691 (for DD Form 350). (note* 0PE19 is the Cage Code for Tactical Communications, a division of Sierra Nevada Corporation)

c. Contractor has registered with the Central Contractor

Registration Database.

5. F.O.B. POINT:

a. Destination for the 48 contiguous states, the District of

Columbia, Alaska, Hawaii and the Commonwealth of Puerto Rico.

b. Point of Exportation for all other overseas locations. In place of an delivery/installation date for equipment, a shipping date shall be specified on the order. The Contractor shall pay for shipment to a CONUS APO/FPO.

At the option of the ordering activity, F.O.B. will be Point of Origin, with freight prepaid and invoiced. Authorization must be included on the ordering activity order for equipment.

6. COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD

SCHEDULES):

a. TIME OF DELIVERY. The Contractor shall deliver to destination, or provide shipment within the number of calendar days after receipt of order (ARO), as set forth below. Offerors shall insert in the “time of Delivery (days ARO)” column in the Schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the contractor’s normal commercial practice.

Delivery Time

Special Item Number (Days ARO)

132-8 ........................................................... 30 to 300 Days as specified in the Pricelist

b. EXPEDITED DELIVERY TIMES. Quicker delivery times than those set forth in paragraph (a) above are available from the Contractor based on the availability of product inventory. Delivery times of 1-45 days after receipt of order (ARO) are available, as negotiated between the Ordering Activity and the Contractor.

c. OVERNIGHT AND 2-DAY DELIVERY TIMES. When schedule customers require overnight or 2-day delivery, ordering activities are encouraged to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor provides overnight and 2-day delivery times subject to the availability of product inventory. The Contractor shall pay for shipment, with freight prepaid and invoiced. Authorization must be included on the ordering activity order for products.

d. URGENT REQUIREMENTS. When the Federal Supply

Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

7. DISCOUNTS:

a. PROMPT PAYMENT. Prompt payment is 0% - Net 30 days from receipt of invoice or date of acceptance, whichever is later.

b. QUANTITY. 5% additional unit quantity discount for twenty-five (25) units or more of the same item per individual order.

c. DOLLAR VOLUME. None.

d. GOVERNMENT EDUCATIONAL INSTITUTIONS. None.

e. DISCOUNT FOR USE OF GOVERNMENT

COMMERCIAL CREDIT CARD. None.

f. OTHER. None.

g. PRICES. All prices shown herein are net GSA prices.

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.

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9. STATEMENT CONCERNING AVAILABILITY OF EXPORT

PACKING:

Not available within the scope of this contract.

10. SMALL REQUIREMENTS:

The minimum dollar value of an order for delivery to one destination is $100.00.

11. MAXIMUM ORDER: (All dollar amounts are exclusive of any discount for prompt payment.)

a. SPECIAL ITEM 132-8 - PURCHASE OF EQUIPMENT.

The maximum dollar value per order will be $500,000 for all equipment.

b. SPECIAL ITEM 132-12 – MAINTENANCE OF

EQUIPMENT. The maximum dollar value per order for all maintenance of equipment will be $500,000.

c. SPECIAL ITEM 132-51 - INFORMATION TECHNOLOGY

(IT) PROFESSIONAL SERVICES. The maximum dollar value per order for all IT professional services will be $500,000.

12. USE OF FEDERAL SUPPLY SERVICE INFORMATION

TECHNOLOGY SCHEDULE CONTRACTS:

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.

a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.

b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.

13. FEDERAL INFORMATION TECHNOLOGY/

TELECOMMUNICATION STANDARDS REQUIREMENTS:

Federal departments and ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED- STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor.

13.1 FEDERAL INFORMATION PROCESSING STANDARDS

PUBLICATIONS (FIPS PUBS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable “FIPS Publication.” Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the

NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-

STDS):

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable “FED-STD.” Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202) 619-8925. Please include a self-addressed mailing label when requesting information by mail.

Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS

(C-FSS-370) (NOV 2001):

a. SECURITY CLEARANCES: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

b. TRAVEL: The Contractor may be required to travel in performance of orders issued under this contract.

Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges. NOTE: Refer to FAR Part 31.205-46 Travel Costs, for allowable costs that pertain to official company business travel in regards to this contract.

c. CERTIFICATIONS, LICENSES AND ACCREDITATIONS:

As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

d. INSURANCE: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.

e. PERSONNEL: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract.

Ordering activities may require agency approval of additions or replacements to key personnel.

f. ORGANIZATIONAL CONFLICTS OF INTEREST: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s

GS-35F-4348D www.sncorp.com Page 5 participation in such order may be restricted in accordance with FAR Part 9.5.

g. DOCUMENTATION/STANDARDS: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.

h. DATA/DELIVERABLE REQUIREMENTS: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.

i. GOVERNMENT-FURNISHED PROPERTY: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

j. AVAILABILITY OF FUNDS: Many Government agencies’ operating funds are appropriated for a specific fiscal year.

Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

15. CONTRACT ADMINISTRATION FOR ORDERING

ACTIVITIES:

Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the G ordering activity’s convenience, and (m) Termination for Cause (See C.1.).

16. GSA ADVANTAGE!:

The GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors’ schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to:

(1) Manufacturer;

(2) Manufacturer’s Part Number; and

(3) Product category(ies).

Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.gsa.gov/.

17. PURCHASE OF OPEN MARKET ITEMS:

NOTE: Open Market Items are also known as incidental items, non-contract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.401(d).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply

Schedule are included in the order.

18. CONTRACTOR COMMITMENTS, WARRANTIES AND

REPRESENTATIONS:

a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract:

(1) Time of delivery/installation quotations for individual orders.

(2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/service/software package submitted in response to requirements which result in orders under this schedule contract.

(3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the

b. The above is not intended to enlarge the scope of this schedule contract for individual orders. Prices, options, terms and conditions of any orders are limited strictly to those specified in the schedule contract and pricelist and agreed to by GSA.

19. OVERSEAS ACTIVITIES:

The terms and conditions of this contract shall apply to all orders for the purchase and repair of equipment in areas listed in the pricelist outside the 48 contiguous states, the District of Columbia, Alaska, Hawaii and the Commonwealth of Puerto Rico except as indicated below:

a. Contractor will accept orders on a case-by-case basis only.

b. In place of a delivery/installation date for equipment, a shipping date shall be specified on the order. The Contractor shall pay for shipment to a CONUS APO/FPO.

At the option of the ordering activity, F.O.B. will be Point of Origin, with freight prepaid and invoiced. Authorization must be included on the ordering activity order for equipment.

c. The Contractor agrees to accept orders for repair of equipment under warranty/guarantee provisions of this contract. The Contractor provides a mail-in depot service program. Shipment to the Contractors depot will be at the ordering activity’s expense. The Contractor shall pay for return shipment to a CONUS APO/FPO. At the option of

GS-35F-4348D www.sncorp.com Page 6 the ordering activity, F.O.B. will be Point of Origin, with freight prepaid and invoiced. Authorization must be included on the ordering activity order for equipment.

Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor’s technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract (Purchase, Maintenance and Repair Service).

20. BLANKET PURCHASE AGREEMENTS (BPAs):

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

21. CONTRACTOR TEAM ARRANGEMENTS:

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clause 552.238-74, Industrial Funding Fee and Sales Reporting i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. 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 132-8.

23. SECTION 508 COMPLIANCE:

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

REHABILITATION ACT OF 1973- SECTION 508

Sierra Nevada Corporation, based upon its interpretation of the Section 508 regulations, reasonably believes that most or all orders involving its products may involve national security systems and therefore may be exempt from Section 508 requirements; see FAR 39.204.

Sierra Nevada Corporation, based upon its interpretation of the Section 508 regulations, reasonably believes that its products may support the features set forth under

Section 1194.23 Telecommunications Products Section 1194.24 Video and Multi-media Products Section 1194.25Self-Contained, Closed Products Section 1194.26 Desktop and Portable Computers Section 1194.31 Functional Performance Criteria.

Please contact Tactical Communications, a division of Sierra Nevada Corporation at (865) 977-8518 to determine which features are supported under the section 508 regulations.

24. PRIME CONTRACTOR ORDERING FROM FEDERAL

SUPPLY SCHEDULES:

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order –

a. A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and

b. The following statement:

This order is placed under written authorization from

_______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION

(JAN 1997) (FAR 52.228-5):

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

b. Before commencing work under this contract, the

Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

GS-35F-4348D www.sncorp.com Page 7

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY:

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 gov.

27. ADVANCE PAYMENTS:

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.

Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).

TERMS AND CONDITIONS

APPLICABLE TO PURCHASE OF

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY

EQUIPMENT (SPECIAL ITEM 132-8)

1. MATERIAL AND WORKMANSHIP:

All equipment furnished hereunder must be new and satisfactorily perform the function for which it is intended. Within the scope of this contract, “newly manufactured equipment” means newly assembled equipment which may contain some reprocessed components that meet new component test standards and comply with product performance and reliability specifications.

2. ORDER:

A written order, EDI (GSA Advantage! and FACNET), credit card, and BPA or BOA orders 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, BPAs or BOAs, 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 for such services can be obtained by calling the Contractor at (865) 977-8518.

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 132-8.

c. OPERATING AND MAINTENANCE MANUALS. The

Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals relating to the equipment being installed/purchased.

5. ACCEPTANCE:

Equipment must operate in accordance with manufacturer’s published specifications. The user activity should give the Contractor a notice of acceptance or rejection within 30 (thirty) days from receipt of the equipment. The ordering activity is relieved of all risk of loss or damage prior to acceptance.

6. GUARANTEE:

a. The Contractor will furnish all maintenance, machine adjustments, repairs and parts on a return to factory basis for a period of 90 (ninety) days.

b. All parts replaced during the guarantee period shall become the property of the Contractor.

c. Prior to the expiration of the guarantee period, whenever equipment is shipped for repair or mechanical

GS-35F-4348D www.sncorp.com Page 8 replacement purposes, the Contractor shall bear all costs, including, but not limited to, costs of packing, transportation, rigging, drayage and insurance. This guarantee shall apply to the replacement machine from the date of its acceptance.

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

e. This guarantee does not apply if damage to the equipment is occasioned by fault or negligence of the ordering activity.

f. Inspection and repair of defective equipment under this guarantee will only be performed at the Contractor’s plant at the following address:

Tactical Communications

A Division of Sierra Nevada Corporation 1741 Triangle Park Drive

Maryville, TN 37801

g. The ordering activity is instructed to call the Contractor at

(865) 977-8518 to obtain a Return Materials Authorization Number prior to returning equipment for repair.

h. Defective equipment will be repaired or replaced within seven (7) days if parts are available. If parts must be ordered the defective equipment will be repaired or replaced within forty-five (45) days.

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. TRADE-IN OF INFORMATION TECHNOLOGY (FIP)

EQUIPMENT:

When an ordering activity determines that Information Technology (FIP) 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 FPMR 41 CFR part 101-46.

APPLICABLE TO REPAIR OF

GOVERNMENT-OWNED GENERAL

PURPOSE INFORMATION

TECHNOLOGY EQUIPMENT (AFTER

EXPIRATION OF

GUARANTEE/WARRANTY

PROVISIONS) (SPECIAL ITEM 132-12)

1. SERVICE AREAS:

The repair services will be performed at the Contractor’s plant listed below:

Tactical Communications A Division of Sierra Nevada Corporation

1741 Triangle Park Drive Maryville, TN 37801

2. ORDER:

Ordering activities may use blanket purchase orders, individual purchase orders, or small order procedures for ordering repair service under this contract. Blanket purchase orders shall not extend beyond the end of the contract period. Written orders, EDI orders, credit card orders or, in the case of BPAs or BOAs telephone orders are permissible.

3. LOSS OR DAMAGE:

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

4. RESPONSIBILITIES OF THE CONTRACTOR:

a. The Contractor shall always be responsive to the ordering activity’s repair service needs. The Contractor shall perform all repair services which are ordered by the ordering activity during the contract term.

b. Only new, standard parts shall be used in effecting repairs. Parts which have been replaced shall remain the property of the ordering activity, except when the ordering activity concludes than an appropriate allowance is obtained for such defective parts.

c. GUARANTEE. All repair work will be unconditionally guaranteed to perform to the manufacturer’s published specifications for a period of ninety (90) calendar days.

5. RESPONSIBILITIES OF THE GOVERNMENT:

a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is

GS-35F-4348D www.sncorp.com Page 9 under the purview of this contract, unless agreed to by the

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

6. RATE PROVISIONS:

REPAIR SERVICE AND PARTS - NOT COVERED BY A

MAINTENANCE CONTRACT OR WARRANTY

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.

b. TRAVEL OR TRANSPORTATION 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 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. The ordering activity should call the Contractor at (865) 977-8518 to obtain a Return Materials Authorization Number prior to shipping defective equipment.

c. REPAIR SERVICE RATES AT CONTRACTOR’S SHOP.

$85 per hour with a two hour minimum.

** Fractional hours will be prorated to the nearest quarter hour.

7. INVOICES AND PAYMENT:

Invoices for repair service shall be submitted by the Contractor as soon as possible after completion of the work. Payment under blanket purchase orders 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 in accordance with paragraph 8. below. PROMPT PAYMENT

DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE

INVOICE.

8. REPAIR PARTS:

a. PRICES. All parts, furnished as spares or as repair parts in connection with the repair of equipment 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 4-1-96, at a discount of 2% from such listed prices.

b. GUARANTEE. All parts, furnished either as spares or repair parts in connection with the repair of equipment, will be unconditionally guaranteed to perform according to manufacturer’s published specifications for a period of 90 (ninety) days.

a. The Contractor shall provide training normally available to commercial customers, which is necessary to permit ordering activity users to make full, efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation.

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

APPLICABLE TO INFORMATION

TECHNOLOGY PROFESSIONAL

SERVICES (SPECIAL ITEM 132-51)

1. SCOPE:

a. The prices, terms and conditions stated under Special

Item Number 132-51 Information Technology Professional apply exclusively to IT Services within the scope of this Information Technology Schedule.

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

2. PERFORMANCE INCENTIVES:

a. Performance incentives may be agreed upon between the

Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause.

b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c. Incentives should be designed to relate results achieved by the Contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the Contractor. Incentives shall be based on objectively measurable tasks.

3. ORDER

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

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

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4. PERFORMANCE OF SERVICES:

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

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

c. The Ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner.

d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989):

a. The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

b. If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

c. If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

b. If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES:

The Inspection of Services–Fixed Price (AUG 1996) clause at FAR 52.246-4 applies to firm-fixed price orders placed under this contract. The Inspection–Time-and-Materials and Labor-Hour (JAN 1986) clause at FAR 52.246-6 applies to time-and-materials and labor-hour orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR:

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 Rights in Data – General, may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY:

Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Services.

9. INDEPENDENT CONTRACTOR:

All IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the Ordering activity.

10. ORGANIZATIONAL CONFLICTS OF INTEREST:

a. DEFINITIONS. “Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

“Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed Ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the Ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract.

Examples of situations, which may require restrictions, are provided at FAR 9.508.

11. INVOICES:

The Contractor, upon completion of the work ordered, shall submit invoices for IT services. Progress payments may be authorized by the ordering activity on individual orders if appropriate.

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Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month.

12. PAYMENTS:

For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted.

Progress payments shall be made only when authorized by the order.