Federal Supply Schedule GS35F4363D

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Authorized Federal Acquisition Service Information Technology Schedule Pricelist General Purpose Commercial Information Technology Equipment, Software and Services

Note: Contractor has been awarded all Special Item Numbers under the Cooperative Purchasing and the Recovery Purchasing Programs

SPECIAL ITEM NUMBER 132-8 PURCHASE OF NEW EQUIPMENT

FSC CLASS 5810 - COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS

FSC CLASS 5895 - MISCELLANEOUS COMMUNICATION EQUIPMENT

FSC CLASS 7010 - SYSTEM CONFIGURATION

FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES

FSC CLASS 7042 – MINI AND MICROCOMPUTER CONTROL DEVICES

SPECIAL ITEM NUMBER 132-12 - EQUIPMENT MAINTENANCE

(FPDS CODE J070 - MAINTENANCE AND REPAIR SERVICE)

(Repair Parts/Spare Parts - See FSC Class for basic equipment) Third Party Maintenance

SPECIAL ITEM NUMBER 132-32 - TERM SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

SPECIAL ITEM NUMBER 132-33 - PERPETUAL SOFTWARE LICENSES

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

SPECIAL ITEM NUMBER 132-34 - MAINTENANCE OF SOFTWARE AS A SERVICE

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

SPECIAL ITEM NUMBER 132-50 - TRAINING COURSES (FPDS Code U012)

SPECIAL ITEM NUMBER 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

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 D310 - IT BACKUP AND SECURITY SERVICES

FPDS CODE D316 - IT NETWORK MANAGEMENT SERVICES

FPDS CODE D317 - AUTOMATED NEWS SERVICES, DATA SERVICES, OR OTHER INFORMATION 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 performance by the publisher or manufacturer or one of their authorized agents.

SIN 132-52 – ELECTRONIC COMMERCE SVCS. FPDS CODE D304 – ADP AND TELECOMMUNICATIONS

TRANSMISSION SERVICES.

FPDS Code D304 Value Added Network Services (VANs) FPDS Code D304 E-Mail Services FPDS Code D304 Internet Access Services FPDS Code D304 Navigation Services FPDS Code D399 Other Data Transmission Services, Not Elsewhere Classified Except “Voice” and Pager Services

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PATRIOT TECHNOLOGIES, INC.

5108 Pegasus Court, Suite F, Frederick, MD 21704 301-695-7500 / 1-888-417-9899 Fax: 301-695-4711 www.patriot-tech.com

Contract Number: GS-35F-4363D

Period Covered by Contract: 9/06/96 – 09/08/16

General Services Administration

Federal Acquisition Service

Pricelist current through Refresh 37 dated April 6, 2016

Products and ordering information in this Authorized FAS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Acquisition Services Home Page via the Internet at http://www.fss.gsa.gov/

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Table of Contents

1. Information for Ordering Activities Applicable to All Special Item Numbers

2. Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment

(Special Item Number 132‐8)

3. Terms and Conditions Applicable to Maintenance, Repair Service and Repair Parts/Spare Parts For Government‐

Owned General Purpose Commercial Information Technology 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 132‐12)

4. Terms and Conditions Applicable to Term Software Licenses (Special Item Number 132‐32) and Perpetual Software

Licenses (Special Item Number 132‐33) and Maintenance of Software as a Service (Special Item Number 132‐34) of

General Purpose Commercial Information Technology Software

5. Terms and Conditions Applicable to Training Courses For General Purpose Commercial Information Technology

Equipment and Software (Special Item Number 132‐50)

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

7. Terms and Conditions Applicable to Electronic Commerce (EC) Services (Special Item Number 132‐52)

8. Patriot Technologies, Inc. Labor Category Descriptions

9. End User License Agreements (EULA)

LogStorm Security Inc. dba BlackStratus End User License Agreement

EiQ Networks

ForeScout Technologies, Inc

Kaprica Tachyon End User License Agreement

Mobile Iron, Inc. End User License Agreement

Pragma Systems End User License Agreement (EULA)

Route1 Software End User License Agreement

Skybox Master Perpetual Software License

SSH Tectia Client End User License Agreement for GSA Use

SSH Tectia Server END USER LICENSE AGREEMENT FOR GSA USE

SSH Tectia Manager Computer Software End User License Agreement for GSA Use

Townsend Security End User License Agreement

Tufin End User License Agreement

Veracode End User Assessment Agreement

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Websense Subscription Agreement

10. GSA Pricing

Black Stratus Product Line Pricing

DT Research Product Line Pricing

EiQ Networks Product Line Pricing

ForeScout Product Line Pricing

Kaprica Tachyon Product Line Pricing

Mobile Iron Product Line Pricing

Patriot Labor Category and Product Line Pricing

Pragma Systems Product Line Pricing

Route 1 Product Line Pricing

Skybox Product Line Pricing

SSH Tectia Product Line Pricing

Townsend Security Product Line Pricing

Tufin Product Line Pricing

Veracode Product Line Pricing

Websense Product Line Pricing

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Information for Ordering Activities Applicable to All Special Item Numbers

SPECIAL NOTICE TO AGENCIES: Small Business Participation

SBA strongly supports the participation of small business concerns in the Federal Acquisition Service. 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.gsaadvantage.gov). The catalogs/pricelists, GSA Advantage! and the Federal Acquisition Service Home Page (www.gsa.gov/fas) 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.

1a. Table of awarded special item numbers with appropriate cross-reference to item descriptions and awarded prices.

Contract # SIN Description

GS-35F-4363D 132-8 Purchase of New Equipment

GS-35F-4363D 132-12 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts

GS-35F-4363D 132-32 Term Software License

GS-35F-4363D 132-33 Perpetual Software License

GS-35F-4363D 132-34 Maintenance of Software as a Service

GS-35F-4363D 132-50 Training courses

GS-35F-4363D 132-51 Information Technology Professional Services

GS-35F-4363D 132-52 Electronic Commerce and Subscription Services

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract.

SIN Model Number Price

132-8 See Attached Pricelist

132-12 See Attached Pricelist

132-32 See Attached Pricelist

132-33 See Attached Pricelist

132-34 See Attached Pricelist

132-50 See Attached Pricelist

132-51 See Attached Pricelist

132-52 See Attached Pricelist

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided: See Attached Pricelist

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2. Maximum Order

SIN Maximum Order

132-8 $500,000

132-12 $500,000

132-32 $500,000

132-33 $500,000

132-34 $500,000

132-50 $500,000

132-51 $500,000

132-52 $500,000

3. Minimum Order

SIN Minimum Order

132-8 $100.00

132-12 $100.00

132-32 $100.00

132-33 $100.00

132-34 $100.00

132-50 $100.00

132-51 $100.00

132-52 $100.00

4. Geographic coverage (delivery area): Domestic delivery in 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.

5. Point of production: See Attached Pricelist

6. Discount from list prices or statement of net price: Discounts vary by manufacturer

7. Quantity discounts: None

8. Prompt payment terms: 1.5%- 10 days from receipt of invoice or date of acceptance, whichever is later.

9a. Notification that Government purchase cards are accepted at or below the micro-purchase threshold.

9b. Notification that Government purchase cards are accepted above the micro-purchase threshold.

10. 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.

11a. Time of delivery:

SIN Delivery Time (Days ARO)

132-8 15-30 Days

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SIN Delivery Time (Days ARO)

132-12 As Negotiated between Ordering Activity and Contractor

132-32 15-30 Days

132-33 15-30 Days

132-34 As Negotiated between Ordering Activity and Contractor

132-50 As Negotiated between Ordering Activity and Contractor

132-51 As Negotiated between Ordering Activity and Contractor

132-52 As Negotiated between Ordering Activity and Contractor

11b. Expedited Delivery: Items available for expedited delivery are noted in this price list.

11c. Overnight and 2-day delivery: Not Available

11d. 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.

12. F.O.B. point: Destination

13. Ordering address: Patriot Technologies, Inc., 5108 Pegasus Court, Suite F, Frederick, MD 21704

14. Payment address: Patriot Technologies, Inc., 5108 Pegasus Court, Suite F, Frederick, MD 21704

15. Warranty provision: See Attached Pricelist

16. Export packing charges: Not Applicable

17. Terms and conditions of Government purchase card acceptance: Any thresholds above, below or at the micro- purchase level.

18. Terms and conditions of rental, maintenance, and repair: See Attached Pricelist

19. Terms and conditions of installation: See Attached Pricelist

20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices: See Attached Pricelist.

20a. Terms and conditions for any other services: See Attached Pricelist

21. List of service and distribution points: See Attached Pricelist

22. List of participating dealers: Black Stratus, DT Research, eIQ Networks, ForeScout, Kaprica, Mobile Iron, Patriot, Pragma Systems, Route 1, Skybox, SSH (Tectia), Towsend Security, Tripwire, Tufin, Veracode, Websense

23. Preventive maintenance: See Attached Pricelist

24a. Special attributes such as environmental attributes: Not Applicable

24b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found: www.patriot-tech.com. The EIT standards can be found at:

www.Section508.gov/.

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25. Data Universal Number System (DUNS) number: 933945248

26. Notification regarding registration in the System for Award Management (SAM) database: SAM Registration is current, accurate and complete.

27. Purchase Of Open Market Items: NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. Ordering Activities procuring open market items must follow FAR 8.402(f).

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-

(a) 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));

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

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

(d) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

28. 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).

29. 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.

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

1. Material and Workmanship

All equipment furnished hereunder must be new and satisfactory 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

F.O.B. Destination. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.

4. Installation and Technical Services

a. When the equipment provided under this contract is not normally self-installable, Patriot Technologies’ 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 shall be at approved billable rates.

b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act (40 U.S.C.276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract.

However, if the construction, alteration or repair is 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.

5. Operating and Maintenance Manuals

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

6. 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.

7. Warranty

a. Unless specified otherwise, the Contractor makes no additional warranties of any kind with regards to the products resold under this agreement. All warranties are hereby expressly disclaims to the maximum extent permitted by law, all warranties express or implied including those of merchantability, fitness for use, and/or fitness for a particular purpose. Additional warranties provided by the manufacturer may apply but shall not be binding upon Patriot within the contemplation of this agreement.

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

c. Limitation of Liability. Except as otherwise provided by separate agreement, the Contractor shall not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in items accepted under this agreement.

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: 5108 Pegasus Ct., #F, Frederick MD 21704

8. 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.

9. 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.

10. Trade-In of Information Technology (FIP) Equipment

When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).

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Terms and Conditions Applicable to Maintenance, Repair Service and Repair Parts/Spare Parts For Government‐Owned General Purpose Commercial Information Technology 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 132‐12)

1. Service Areas

a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 50 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 stated in paragraphs 8d and 9d of this Special Item Number 132-12.

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 as Patriot Technologies, Inc., 5108 Pegasus Court, Suite F, Frederick, MD 21704

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 132- 12). 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

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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 132-12 (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.

7. Responsibilities Of The Contractor

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 8 hours after notification

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: All travel costs will be reimbursed by the government at actual rates except for hotel costs, meals and incidentals which will be reimbursed in accordance with the costs identified and periodically publish in the Joint Travel Regulations.

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

5/25/2016 Page 13 of 319 one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable.

c. TRAVEL OR TRANSPORTATION

1) AT THE CONTRACTOR'S SHOP

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

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

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

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

such overhead is included in the repair service rates listed.

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

a) The repair service rates listed for subparagraph (2) above apply, except that a travel charge of 37 cents per mile for repairmen will apply to the round-trip distance between the geographic limits of the applicable service area and the ordering activity location. Such charge will apply as an additional charge, but it will be limited to one round trip for each request that is made by the ordering activity for repair service, regardless of whether repairs are performed at the ordering activity location or at the Contractor's shop.

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

d. LABOR RATES

1) REGULAR HOURS

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

2) AFTER HOURS

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

3) SUNDAYS AND HOLIDAYS

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

4) REPAIR SERVICE RATES

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Location Minimum

Charge Regular Hours

After Hours & Holidays

Sundays

Patriot Depot $75 $75 $105 $150

Ordering Activity (Within Established Service areas)

$150 $75 $105 $150

Ordering Activity (Outside Established Service areas)

$300 $75 $1050 $150

NOTE: Minimum charges include 2 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 published pricelist.

11. Guarantee/Warranty—Repair Service And Repair Parts/Spare Parts

a. Repair Service: All repair work will be guaranteed/warranted for a period of 15 days.

b. Repair Parts/Spare Parts: Warrantees for all parts, furnished either as spares or repairs parts will be limited to the manufacturer provided 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.

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Terms and Conditions Applicable to Term Software Licenses (Special Item Number 132‐32) and Perpetual Software Licenses (Special Item Number 132‐33) and Maintenance of Software as a Service (Special Item Number 132‐34) of General Purpose Commercial Information Technology

Software

1. Inspection/Acceptance

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post-acceptance rights

(1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.

2. Guarantee/Warranty

a. Unless specified otherwise, the Contractor makes no additional warranties of any kind with regards to the products resold under this agreement. All warranties are hereby expressly disclaims to the maximum extent permitted by law, all warranties express or implied including those of merchantability, fitness for use, and/or fitness for a particular purpose. Additional warranties provided by the manufacturer may apply but shall not be binding upon Patriot within the contemplation of this agreement.

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

c. Limitation of Liability. Except as otherwise provided by separate agreement, the Contractor shall not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in items accepted under this agreement.

3. Technical Services

Contact Sales or Manufacturer for Technical Support number and hours of operation.

4. Software Maintenance

a. Software maintenance as it is defined:

1) Software Maintenance as a Product (SIN 132-32 or SIN 132-33)

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

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

2) Maintenance of Software as a Service (SIN 132-34)

a) Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324.

5. Periods Of Term Licenses (132-32) And Maintenance

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

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b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.

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

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

e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period.

6. Conversion From Term License To Perpetual License

a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement.

b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity.

c. 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.

d. 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 _____ % of all term license payments during the period that the software was under a term license within the ordering activity.

7. Term License Cessation

Patriot Technologies, Inc. does not offer this option.

8. Utilization Limitations - (132-32 and 132-33)

a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101.

b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following:

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

2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.

3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the

5/25/2016 Page 17 of 319 ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.

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

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

9. Software Conversions - (132-32 And 132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. Descriptions And Equipment Compatibility

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

11. Right-To-Copy Pricing

There is no right-to-copy pricing.

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Terms and Conditions Applicable to Training Courses For General Purpose Commercial Information Technology Equipment and Software (Special Item Number 132‐50)

1. Scope

a. The Contractor shall provide training courses normally available to commercial customers, which will 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.

2. Order

Written orders, EDI orders (GSA Advantage! And FACNET), credit card orders, and orders placed under blanket purchase agreements (BPAs) shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include contracted dollar amount of the course.

3. Time of Delivery

Patriot Technologies, Inc. will conduct training on the date (time, day, month and year) agreed to by Patriot and the ordering activity.

4. Cancellation and Rescheduling

a. The ordering activity will notify the Contractor at least seventy-two (72) hours before the scheduled training date, if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class.

b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety (90) days from the original course date, at no additional charge.

c. The ordering activity reserves the right to substitute one student for another up to the first day of class.

d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity, the Contractor must notify…