Federal Supply Schedule GS35F4754G

PAGE

Lyme Computer Systems, Inc. GS-35F-4754G Authorized FAS Pricelist May 11, 2017

GENERAL SERVICES ADMINISTRATION

AUTHORIZED FAS PRICELIST

Solicitation FCIS-JB-980001-B On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The INTERNET address of GSA Advantage!® is: https://www.gsaadvantage.gov Title: General Purpose Commercial Information

Technology Equipment, Software and Services

Schedule 70 - Refresh Number: 41 Price List Updated Thru Lyme Computers Mod #D1453, GSA Mod 1538, May 11, 2017 The minimum dollar value of orders to be issued is $100.00.

Prices shown or referred to herein are Net (discount deducted) and are available at https://www.gsaadvantage.gov and http://www.lyme.com

GROUP 70: GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Special Item No. 132-8 Purchase of Equipment Special Item No. 132-12 Maintenance, Repair Service and Repair Parts/Spare Parts Special Item No. 132-32 Term Software Licenses Special Item No. 132-33 Perpetual Software Licenses Special Item No. 132-34 Maintenance of Software Special Item No. 132-50 Training Courses

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

SPECIAL ITEM NUMBER 132-8 --- Purchase Of New Equipment - SUBJECT TO COOPERATIVE

PURCHASING

FSC/PSC CLASS 7010 - SYSTEM CONFIGURATION

End User Computers/Desktop Computers Professional Workstations Servers Laptop/Portable/Notebook Computers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Equipment, Not Elsewhere Classified

FSC/PSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES

Printers Display Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens Network Equipment Other Communications Equipment Optical Recognition Input/Output Devices Storage Devices including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage Other Input/Output and Storage Devices, Not Elsewhere Classified

FSC/PSC CLASS 7035 ‑ ADP SUPPORT EQUIPMENT

ADP Support Equipment

FSC/PSC Class 7042 ‑ MINI AND MICRO COMPUTER CONTROL DEVICES

Microcomputer Control Devices Telephone Answering and Voice Messaging Systems

FSC/PSC CLASS 7050 ‑ ADP COMPONENTS

ADP Boards

FSC /PSC CLASS 5995 ‑ CABLE, CORD, AND WIRE ASSEMBLIES: COMMUNICATIONS EQUIPMENT

Communications Equipment Cables

FSC/PSC CLASS 6015 ‑ FIBER OPTIC CABLES

Fiber Optic Cables

FSC/PSC CLASS 6020 - FIBER OPTIC CABLE ASSEMBLES AND HARNESSES

Fiber Optic Cable Assemblies and Harnesses

FSC/PSC CLASS 6145 ‑ WIRE AND CABLE, ELECTRICAL

Coaxial Cables

FSC/PSC Class 5805 - TELEPHONE AND TELEGRAPH EQUIPMENT

Telephone Equipment Audio and Video Teleconferencing Equipment

FSC/PSC CLASS 5810 - COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS

Communications Security Equipment

FSC/PSC CLASS 5815 - TELETYPE AND FACSIMILE EQUIPMENT

Facsimile Equipment (FAX)

FSC/PSC CLASS 5895 - MISCELLANEOUS COMMUNICATION EQUIPMENT

Miscellaneous Communications Equipment

FSC/PSC Class N058 - INSTALLATION OF EQUIPMENTCOMMUNICATION, DETECTION, AND COHERENT RADIATION

EQUIPMENT

• Deinstallation for equipment offered under SIN 132-8

• Installation for equipment offered under SIN 132-8

• Reinstallation for equipment offered under SIN 132-8 FSC/PSC Class N070 - INSTALLATION OF EQUIPMENT- ADP

EQUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT

• Deinstallation for equipment offered under SIN 132-8

• Installation for equipment offered under SIN 132-8

• Reinstallation for equipment offered under SIN 132-8 determinations into orders, as applicable.

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. In applying the Davis-Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, as applicable.

SPECIAL ITEM NUMBER 132-12 --- EQUIPMENT MAINTENANCE - SUBJECT TO COOPERATIVE

PURCHASING

FSC/PSC Class J058 MAINT/REPAIR/REBUILD OF EQUIPMENTCOMMUNICATION, DETECTION, AND COHERENT RADIATION

EQUIPMENT

• Maintenance

• Repair Parts/Spare Parts

• Repair Service

• Third Party Maintenance FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT- ADP

EQUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT

• Maintenance

• Repair Parts/Spare Parts

• Repair Service

• Third Party Maintenance

SPECIAL ITEM NUMBER 132-32 - TERM SOFTWARE LICENSES - SUBJECT TO COOPERATIVE

PURCHASING

Includes operating system software, application software, EDI translation and mapping software, enabled E-Mail message based products, Internet software, database management programs, and other software.

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

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service under SIN 132.34 Software Maintenance.

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

NOTE: The word "Term" is defined in this Solicitation as "a limited period of time".

FSC/PSC CLASS 7030 - ADP SOFTWARE

• Ancillary Financial Systems Software

• Application Software

• Communications Software

• Core Financial Management Software

• Electronic Commerce (EC) Software

• Operating System Software

• Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific

Information

• Utility Software

FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT- ADP

EQUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT

• Maintenance of Software

SIN 132-33 - PERPETUAL SOFTWARE LICENSES- SUBJECT TO COOPERATIVE

PURCHASING

Includes operating system software, application software, EDI translation and mapping software, enabled E-mail message based products, Internet software, database management programs, and other software.

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

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service under SIN 132.34 Software Maintenance as a Service.

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

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

FSC/PSC CLASS 7030 - ADP SOFTWARE

• Ancillary Financial Systems Software

• Application Software

• Communications Software

• Core Financial Management Software

• Electronic Commerce (EC) Software

• Microcomputers

• Operating System Software

• Special Physical, Visual, Speech, and Hearing Aid Software. Provide specific information.

• Utility Software

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

COOPERATIVE PURCHASING

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.

SPECIAL ITEM NUMBER 132-50 - TRAINING COURSES - SUBJECT TO COOPERATIVE

PURCHASING

Includes training.

NOTE: This SIN can only be used to offer Information Technology Training Courses.

FSC/PSC Class U012 EDUCATION/TRAINING- INFORMATION

TECHNOLOGY/TELECOMMUNICATIONS TRAINING

• Training Courses for Information Technology Equipment and Software Lyme Computer Systems, Inc.

P.O Box 290 One Lyme Common Lyme, NH 03768 Telephone: (603)795-4000; (800)370-1095 Fax: (603)795-4800

Internet: www.lyme.com e-mail: rickh@lyme.com Contract Number: GS-35F-4754G Contract Period: June 19, 1997 thru June 18, 2017 Lyme Computer Systems is a Small Business Certified HUBZone (Certificate #56897, Date 1/26/2017)

NAICS: 423430 / 541519

Products and ordering information in this Authorized Information Technology Schedule Pricelist are also available on GSA Advantage! https://www.gsaadvantage.gov and http://www.lyme.com.

CUSTOMER INFORMATION

1a. Table of awarded special item number(s) with appropriate cross-reference to item descriptions and awarded price(s):

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply:

See GSA Advantage! website: https://www.gsaadvantage.gov and Lyme Computer Systems, Inc. website: http://www.lyme.com.

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. If hourly rates are not applicable, indicate “Not applicable” for this item: Not applicable

2. Maximum order (All dollar amounts are exclusive of any discount for prompt payment.):

a.

The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:

Special Item Number 132-8 - Purchase of Equipment Special Item Number 132-12 – Maintenance of Equipment, Repair Service, Repair Parts/Spare Parts Special Item Number 132-32 - Term Software Licenses Special Item Number 132-33 - Perpetual Software Licenses

Special Item Number 132-34 – Maintenance of Software b.

The Maximum Order value for the following Special Item Numbers (SINs) is $25,000:

Special Item Number 132-50 - Training Courses

3. Minimum order: The minimum dollar value of orders to be issued is $100.00.

4. Geographic coverage (delivery area): domestic and overseas delivery

5. Points of production: Products offered under this contract are manufactured in the following countries which can be cross referenced at https://www.gsaadvantage.gov and http://www.lyme.com:

6. Discount from list prices or statement of net price: Prices shown herein are Net (discount deducted) and are available at https://www.gsaadvantage.gov and http://www.lyme.com

7. Quantity discounts: Available on specific items. See https://www.gsaadvantage.gov and http://www.lyme.com

8. Prompt payment terms: NONE 9a. Government purchase cards are accepted at or below the micro-purchase threshold.

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

10. Foreign items (list items by country of origin):

Products offered under this contract are manufactured in the following countries which can be cross referenced at https://www.gsaadvantage.gov and http://www.lyme.com:

11a. Time of delivery:

The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below:

11b. Expedited Delivery: Most products can be subjected to expedited delivery. The only charges for this service will be the actual shipping charges for the mode of transport specified by the customer.

11c. Overnight and 2-day delivery: Most products can be subjected to overnight and 2-day delivery. In addition to the actual shipping charges for the mode of transport specified by the customer, a handling fee may also be imposed.

11d. Urgent Requirements: When the Federal Acquisition 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(s): FOB Destination

13a. Ordering address:

Lyme Computer Systems, Inc.

One Lyme Common

Lyme, NH 03768-0290

13b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

14. Payment address:

Lyme Computer Systems, Inc.

P.O. Box 845172

Boston, MA 02284-5172

15. Warranty provision:

a. Unless stated otherwise in this contract, the manufacturers’ commercial warranties as stated in their Commercial Pricelists will apply to this contract

b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose intended by the manufacturer

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

d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor’s plant, the address is as follows: Lyme Computer Systems, Inc., One Lyme Common, Lyme NH 03768.

16. Export packing charges: NOT APPLICABLE

17. Terms and conditions of Government purchase card acceptance (any thresholds above the micro-purchase level): Ask Contractor

18. Terms and conditions of rental, maintenance, and repair (if applicable): See Critical Information Terms and Conditions relating to specific Special Item Numbers below

19. Terms and conditions of installation (if applicable): See Critical Information Terms and Conditions relating to specific Special Item Numbers below

20. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable): NOT APPLICABLE 20a. Terms and conditions for any other services (if applicable): NOT APPLICABLE

21. List of service and distribution points (if applicable): See Critical Information Terms and Conditions relating to specific Special Item Numbers below

22. List of participating dealers (if applicable): NOT APPLICABLE

23. Preventive maintenance (if applicable): NOT APPLICABLE 24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants): NOT APPLICABLE 24b. Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services at: www.Section508.gov/. Contractor’s Section 508 Compliance and Policy statements can be found on the Contractor’s website: http://www.lyme.com

25. Data Universal Number System (DUNS) number: 14-476-3067

26. Lyme Computer Systems, Inc. is registered in the System Award Management (SAM) database.

Critical Information specific to Schedule 70 provided for instructional purposes to outline the Terms and Conditions requirements for each Special Item Number (SIN) TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM UMBER 132-8) 1.

MATERIAL AND WORKMANSHIP

All equipment furnished hereunder must satisfactorily perform the function for which it is intended.

2.

ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order.

For credit card orders and BPAs, telephone orders are permissible.

3.

TRANSPORTATION OF EQUIPMENT

FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.

4.

INSTALLATION AND TECHNICAL SERVICES

a.

INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule:

See price list 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 or SIN 132-9.

c.

OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.

5.

INSPECTION/ACCEPTANCE

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

6.

WARRANTY

a.

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

b.

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

c.

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

d.

If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: Lyme Computer Systems, Inc., One Lyme Common, Lyme NH 03768.

e. Per the return policy of many of our manufacturers, unless the product is defective or is returned as the result of manufacturer error, we may charge a restocking fee of 10%. Other manufacturers do not accept returns of open, used, or special order items; in such cases, we will put forth our best efforts to facilitate the return of such products to mitigate the cost to the government.

7.

PURCHASE PRICE FOR ORDERED EQUIPMENT

The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.

8.

RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer.

9.

TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

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

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR

SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12)

1.

SERVICE AREAS

a.

The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 100 mile radius of the Contractor’s service points. If any additional charge is to apply because of the greater distance from the Contractor’s service locations, the mileage rate or other distance factor shall be negotiated at the Task Order level.

b.

When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the Contractor's plant(s) listed below:

Lyme Computer Systems, Inc., One Lyme Common, Lyme NH 03768.

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

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.

c.

If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order.

7.

RESPONSIBILITIES OF THE CONTRACTOR

a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification.

b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor.

8.

MAINTENANCE RATE PROVISIONS

a.

The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity.

b.

REGULAR HOURS

The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location.

c.

AFTER HOURS

Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour.

d.

TRAVEL AND TRANSPORTATION

If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor’s service area, the charge will be negotiated at the Task Order level.

NONE

e.

QUANTITY DISCOUNTS

Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by an ordering activity are indicated below: NONE 9.

REPAIR SERVICE RATE PROVISIONS

a.

CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work, and, when applicable, the charge for travel or transportation.

b.

MULTIPLE MACHINES. When repairs are ordered by an ordering activity on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable.

c.

TRAVEL OR TRANSPORTATION

(1)

AT THE CONTRACTOR'S SHOP

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

(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) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown in paragraph 1.a, the repair service and mileage rates negotiated per subparagraphs 1.a and 8.d will apply.

(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.

REPAIR SERVICE RATES

REGULAR

AFTER

SUNDAYS AND

MINIMUM

HOURS

HOURS

HOLIDAYS

LOCATION

CHARGE*

PER HOUR**

PER HOUR**

PER HOUR

CONTRACTOR'S SHOP

$35.00 $50.00____ $75.00_____ $75.00____

ORDERING ACTIVITY LOCATION

(WITHIN ESTABLISHED

SERVICE AREAS)

$50.00 $75.00_____ $75.00____ $100.00____

ORDERING ACTIVITY LOCATION

(OUTSIDE ESTABLISHED

SERVICE AREAS)

N/A ______ N/A ______ N/A ______ N/A ______

*MINIMUM CHARGES INCLUDE _1_ FULL HOUR ON THE JOB.

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

10.

REPAIR PARTS/SPARE PARTS RATE PROVISIONS

All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated _10-16-14, at a discount of _0%_% from such listed prices.

11.

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

a.

REPAIR SERVICE

All repair work will be guaranteed/warranted for a period of _30 days__ b.

REPAIR PARTS/SPARE PARTS

All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period __90 days 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.

TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE 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 postacceptance 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.

ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS (EULA)

The Contractor shall provide all Enterprise User License Agreements in an editable Microsoft Office (Word) format.

3.

GUARANTEE/WARRANTY

a.

Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the contract’s commercial pricelist will apply to this contract.

b.

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

c.

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

4.

TECHNICAL SERVICES

The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number 603-795-4000 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9:00 am Eastern Time to 5:00 pm Eastern Time.

5.

SOFTWARE MAINTENANCE

a.

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

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

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

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

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

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

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

Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324.

b.

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

6.

PERIODS OF TERM LICENSES (SIN 132‑32) AND MAINTENANCE (SIN 132‑34)

a.

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

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.

7.

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 0% of all term license payments during the period that the software was under a term license within the ordering activity.

8.

TERM LICENSE CESSATION

a.

After a software product has been on a continuous term license for a period of 36 months, a fully paid‑up, non‑exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid‑up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid‑up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited.

b.

The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32‑34, if the licensee elects to order such services. Title to the software shall remain with the Contractor.

9.

UTILIZATION LIMITATIONS ‑ (SIN 132‑32, SIN 132‑33, AND SIN 132‑34)

a.

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

b.

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

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

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

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

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

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

10.

SOFTWARE CONVERSIONS ‑ (SIN 132‑32 AND SIN 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.