Federal Supply Schedule GS35F5237H

Federal Acquisition Service

Authorized Information Technology Schedule Pricelist

GS-35F-5237H

Period Covered by Contract: March30, 1998 THROUGH December 29, 2009

Pricelist current through Modification #PS-0099, dated April 8, 2009.

BMC Software Distribution, Inc.

GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY EQUIPMENT,

SOFTWARE AND SERVICES

SIN 132-3 LEASING OF PRODUCT

No Code or Class

SIN 132-33 Perpetual Software Licenses FSC Class 7030 .................. INFORMATION TECHNOLOGY

SOFTWARE

Large Scale Computers + Operating System Software + Application Software + Electronic Commerce (EC) Software + Utility Software + Communications Software + Core Financial Management Software + Ancillary Financial Systems Software

Microcomputers + Operating System Software + Application Software + Electronic Commerce (EC) Software + Utility Software + Communications Software + Core Financial Management Software + Ancillary Financial Systems Software

SIN 132-34 Maintenance of Software

No Code or Class .............. See FSC Class for basic software

SIN 132-50 - TRAINING COURSES FOR INFORMATION

TECHNOLOGY EQUIPMENT AND SOFTWARE

FPDS Code U012

SIN 132-51 Information Technology Professional Services

FPDS Code D306..............IT Systems Analysis Services FPDS Code D307..............Automated Information Systems

Design and Integration Services FPDS Code D399..............Other Information Technology

Services, Not Elsewhere Classified

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: Offerors and Agencies are advised that the Group

70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product.

Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents.

Contractor:

2101 CityWest Boulevard Houston, TX 77042

800-841-2031 www.bmc.com

Contract Number: GS-35F-5237H

Period Covered By Contract:

March 30, 1998 through December 29, 2009

General Services Administration Federal Acquisition Service

This Schedule Contract Pricelist includes Modifications through Number PS-0099 effective April 8, 2009.

Products and ordering information in this Authorized

Information Technology Schedule Pricelist is also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing GSA’s Home Page via Internet at www.gsa.gov.

TABLE OF CONTENTS

INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS

TERMS AND CONDITIONS APPLICABLE TO LEASING OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLGY PRODUCTS (SPECIAL ITEM NUMBER 132-3)

TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM 132-33)

AND MAINTENANCE (SPECIAL ITEM 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY SOFTWARE

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 132- 50)

PRICING CONVERSION TABLE FOR LPC’S

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY PROFESSIONAL SERVICES

(SPECIAL ITEM 132-51)

IT PROFESSIONAL SERVICES LABOR DESCRIPTIONS AND PRICELIST

IT PROFESSIONAL SERVICES DESCRIPTIONS FOR REMEDY PRODUCTS

DESCRIPTIVE INFORMATION RELATING TO SOFTWARE

PRODUCT DEFINITIONS

MACHINE CLASS PRODUCT AVAILABILITY LISTING

USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS

SUGGESTED FORMATS FOR BLANKET PURCHASE AGREEMENTS

BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS”

AUTHORIZED GOVERNMENT RESELLERS AND TEAMING PARTNERS

BMC SOFTWARE DISTRIBUTION, INC. PRICELIST

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

For orders exceeding the micro-purchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!™ on-line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!™ and the Federal Acquisition Service Home Page (www.fss.gsa.gov) contains 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 micro-purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

1. GEOGRAPHIC SCOPE OF CONTRACT:

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

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

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

[X] The Geographic Scope of Contract will be domestic and overseas delivery.

2. CONTRACTOR ORDERING ADDRESS AND PAYMENT INFORMATION:

a. ORDERING ADDRESS FOR ALL PRODUCTS

BMC Software Distribution, Inc.

2101 CityWest Blvd.

Houston, TX 77042 or

Authorized Government Reseller See Listing

ORDERING ADDRESS FOR ALL SERVICES

BMC Software Services, Inc.

2101 CityWest Blvd.

Houston, TX 77042

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b. PAYMENT ADDRESS FOR ALL PRODUCTS

BMC Software Distribution, Inc.

P.O. Box 201040 Houston, TX 77216-1040

PAYMENT ADDRESS FOR ALL SERVICES

BMC Software Services, Inc.

2101 CityWest Blvd.

Houston, TX 77042

c. GOVERNMENT CREDIT CARDS. Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer will be printed on the invoice.

d. TECHNICAL AND/OR ORDERING ASSISTANCE FOR ALL PRODUCTS. Below are the telephone number(s) that can be used by ordering activities to obtain technical and/or ordering assistance.

Phone ...................................... (713) 918-2621 Fax........................................... (713) 918-1605 E-Mail....................... Kelly_Stouffer@bmc.com

3. LIABILITY FOR INJURY OR DAMAGE:

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

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279:

a. Information for Field Buying Offices to Complete Standard Form 279, Federal Procurement Data System

(FPDS) Individual Contract Action Report.

Block 9: G (Order/Modification Under Federal Schedule).

Block 16: Contractor Establishment Code (DUNS) is 17-1969405 for BMC Software Distribution, Inc.; and

00-4160706 for BMC Software Services, Inc.

Block 30: Type of Contractor is (C) Large Business.

Block 31: Woman-Owned Small Business (No).

Block 36: Contractor's Tax Identification Number (TIN) is 76-0494252 for BMC Software Distribution, Inc.;

and 76-0453066 for BMC Software Services, Inc.

b. CAGE CODE: 1BEJ6 for BMC Software Distribution Inc.

1QZK8 for BMC Software Services, Inc.

(for DD Form 350)

c. Contractor has registered with the Central Contractor Registration Database.

5. F.O.B. POINT:

a. Destination for the 48 contiguous states, the District of Columbia, Alaska, Hawaii, and the Commonwealth of

Puerto Rico.

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

At the option of the ordering activity, F.O.B. will be Point of Origin, with freight prepaid and invoiced.

Authorization for all shipping, export, and other charges must be included on the ordering activity order.

6. COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULES):

a. TIME OF DELIVERY. The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below.

Items or Groups of Items Delivery Time

SIN or Nomenclature) (Days ARO)

132-3 132-33

b. EXPEDITED DELIVERY TIMES. Quicker delivery times than those set forth in paragraph (a) above are available from the Contractor or its Authorized Government Reseller based on the availability of product inventory. Delivery times of 1-30 days after receipt of order (ARO) are available, as negotiated between the Ordering Activity and the Contractor.

c. OVERNIGHT AND 2-DAY DELIVERY TIMES. When schedule customers require overnight or 2-day delivery, activities are encouraged to contact the Contractor or Authorized Government Resellers for the purpose of obtaining accelerated delivery. The Contractor provides overnight and 2-day delivery times subject to the availability of product inventory. The Contractor shall pay for shipment, with freight prepaid and invoiced.

Authorization must be included on the ordering activity order for products.

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

e. Electronic Software Distribution (ESD) is also a method of delivery when ordering Remedy products. When ordering Remedy products, ESD or Physical Shipment must be specified.

7. DISCOUNTS:

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

b. QUANTITY. None.

c. DOLLAR VOLUME.

SIN 132-33 (PERPETUAL SOFTWARE LICENSE)

DISTRIBUTED SYSTEMS PRODUCTS

DISTRIBUTED SYSTEMS MANAGEMENT (DSM)

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Dollar volume discounts are afforded to the ordering activity on a per order basis (mix and match). The discounts below are exclusive of the .75% Industrial Funding Fee (IFF). Dollar volume discounts are as follows:

$1 - $200,000 ............................................31% $200,001 - $500,000 .................................41% $500,001+..................................................51%

MAINFRAME PRODUCTS

MAINFRAME SERVICE MANAGEMENT (MSM)

DB2 OS prods 60% All other MF prods 50%

Pricing is as shown in the GSA pricelist. NO VOLUME DISCOUNTS APPLY.

REMEDY, MAGIC, MARIMBA, IDENTITY AND IDENTIFY PRODUCTS

ENTERPRISE SERVICE MANAGEMENT (ESM)

Dollar volume discounts are afforded on a per order basis (mix and match). The discounts below are exclusive of the .75% Industrial Funding Fee (IFF). Dollar volume discounts are as follows:

$0-$100K 20%

$100,001-$250K 22% $250,001-$500K 27%

$500,001-$1M 32%

Pricing is as shown in the GSA pricelist. NO VOLUME DISCOUNTS APPLY.

SIN 132-34 SOFTWARE MAINTENANCE.

DISTRIBUTED SYSTEM PRODUCTS

DISTRIBUTED SYSTEMS MANAGEMENT (DSM)

The maintenance pricing being offered is as contained in the maintenance pricelist. For all ordering activity customers the BMC earned revenue based discount of record applicable to the original license purchase (see below) is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

For all ordering activity customers the BMC earned discount of record applicable to the original distributed license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

BMC also offers ordering activities the following additional discounts for an annual payment in advance option:

Prepay 2nd Year ...........................................5% Prepay 3rd Year..........................................10%

Note: Discounts are exclusive of the IFF requirement.

Reinstatement of Maintenance: The fee will equal the amount they would have paid if maintenance had not lapsed plus one year forward support. For customers that have not renewed maintenance for 2 or more years, the customer will have the right to buy new licenses or be subject to the same policy as the rest of the customer base (as listed below). Customers that have not renewed maintenance for under 2 years will be charged for all lapsed support at the originally contracted rate times the current list price + one year forward support.

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For Distributed Systems Management (DSM) Customers, the lapsed support would be calculated at the

Customer’s Discount Of Record (DOR) x the current List Price x 20% + one year forward support.

MAINFRAME PRODUCTS

MAINFRAME SERVICE MANAGEMENT (MSM)

The maintenance pricing is as contained in the maintenance pricelist.

For all ordering activity customers the BMC earned discount of record applicable to the original MVS license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

BMC also offers ordering activities the following discounts for an annual payment in advance option:

Prepay 2nd Year ...........................................5% Prepay 3rd Year..........................................10%

Note: Discounts are exclusive of the IFF requirement.

Reinstatement of Maintenance. The fee will equal the amount they would have paid if maintenance had not lapsed plus one year forward support. For customers that have not renewed maintenance for 2 or more years, the customer will have the right to buy new licenses or be subject to the same policy as the rest of the customer base (as listed below). Customers that have not renewed maintenance for under 2 years will be charged for all lapsed support at the originally contracted rate times the current list price + one year forward support.

For Mainframe Service Management (MSM), the lapsed support would be calculated at the Customer’s

Discount Of Record (DOR) x the current List Price x 20% + one year forward support.

REMEDY, MAGIC, AND MARIMBA PRODUCTS

ENTERPRISE SERVICE MANAGEMENT (ESM)

The maintenance pricing is as follows:

BMC Basic - 5X8 (8 hours a day x 5 days a week; 4-24-business hour response) 15% of the then-current commercial published license fee equals list price for Basic Support. For all customers a 2% discount is applied to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

BMC Fast-Track Support - 5X12 (12 hours a day x 5 days a week; 1-24-business hour response). . 18% of the then-current commercial published license fee equals list price for Extended Support. For all customers a 2% discount is applied to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

BMC Continuous Support - 7X24 (24 hours a day X 7 days a week; 1-24 business hour response). 20% of the then-current commercial published license fee equals list price for Extended Support. For all customers a 2% discount is applied to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

BMC Premiere Support Add-On Services – 22% of the then-current commercial published license fee equals list price for Extended Support. For all customers a 2% discount is applied to the software maintenance list price, and/or the upgrade list price, for the purpose of determining GSA maintenance fees.

Additionally the Premier offering (base and tier) is special bid only.

BMC Premiere Complete BMC Premiere Focused

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BMC Premiere Dedicated

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Remedy also offers the following discounts for an annual payment in advance option:

Prepay 2nd Year ........................................5.0% Prepay 3rd Year.......................................10.0% Note: Discounts are exclusive of the IFF requirement.

Remedy also provides the following additional discounts for Volume Support purchase. Volume Support purchase is calculated based on Support Contract ID and requires a minimum support level of Fast-Track+:

Basic Fast-Track Continuous Rate Rate Rate $1,000,000 14.2% 16.67% 18.62% $2,000,000 13.7% 15.70% 17.64% $3,000,000 13.2% 14.73% 16.66% $4,000,000 12.7% 13.76% 15.68% $5,000,000 12.3% 12.70% 14.70% $6,000,000 11.8% 11.73% 13.72% $7,000,000 11.3% 10.76% 12.74% $8,000,000 10.8% 10.76% 11.76% $9,000,000 10.8% 10.76% 10.78%

Reinstatement of maintenance: The fee will equal the amount they would have paid if maintenance had not lapsed plus one year forward support. For customers that have not renewed maintenance for 2 or more years, the customer will have the right to buy new licenses or be subject to the same policy as the rest of the customer base (as listed below). Customers that have not renewed maintenance for under 2 years will be charged for all lapsed support at the originally contracted rate times the current list price + one year forward support.

For Enterprise Service Management (ESM) (excluding Distributed Systems Management (DSM) customers), the lapsed support would be at their original rate from their original support level/tier x the current List Price + the one year forward support at a support tier of their choice.

IDENTITY PRODUCTS

IDENTITY MANAGEMENT (IM)

The maintenance pricing is as follows:

Net Basic Support - 5X8 (8 hours a day x 5 days a week; 4-24-business hour response) 15% of the then-current commercial published license fee equals list price for Basic Support. For all ordering activity customers the BMC earned discount of record applicable to the original Identity license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of

Net Fast-Track Support - 5X12 (12 hours a day x 5 days a week; 1-24-business hour response). 18% of the then-current commercial published license fee equals list price for Extended Support. For all ordering activity customers the BMC earned discount of record applicable to the original Identity license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of

Net Continuous Support - 7X24 (24 hours a day X 7 days a week; 1-24 business hour response). 20% of the then-current commercial published license fee equals list price for Extended Support. For all ordering activity customers the BMC earned discount of record applicable to the original Identity license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of

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IDENTIFY PRODUCTS

ENTERPRISE SERVICE MANAGEMENT (ESM)

The maintenance pricing is as follows:

BMC Continuous Support - 7X24 (24 hours a day X 7 days a week; 1-24 business hour response). 20% of the then-current commercial published license fee equals list price for Extended Support. For all ordering activity customers the BMC earned discount of record applicable to the original Identity license purchase is then applied as the discount to the software maintenance list price, and/or the upgrade list price, for the purpose of determining net GSA maintenance fees.

Reinstatement of maintenance: The fee will equal the amount they would have paid if maintenance had not lapsed plus one year forward support. For customers that have not renewed maintenance for 2 or more years, the customer will have the right to buy new licenses or be subject to the same policy as the rest of the customer base (as listed below). Customers that have not renewed maintenance for under 2 years will be charged for all lapsed support at the originally contracted rate times the current list price + one year forward support.

For Enterprise Service Management (ESM) (excluding Distributed Systems Management (DSM) customers), the lapsed support would be at their original rate from their original support level/tier x the current List Price + the one year forward support at a support tier of their choice.

SIN 132-50 (TRAINING)

The price for each LPC is $650.00, prior to applicable discount, USD.

Learning Pass Credits Discount

5 to 19 (Minimum Purchase of 5)

2%

20 to 49 7% 50 to 99 12%

100 to 199 17% 200 and up 22%

SIN 132-51 (IT PROFESSIONAL SERVICES)

Dollar volume discounts and resident discounts are afforded for all services except REMEDY services. These dollar volume discounts and resident discounts listed below cannot be combined. The discounts below are exclusive of the .75% Industrial Funding Fee (IFF).

Dollar Volume Discounts are as follows:

$0 - $75K .....................................................5% $75K - $175K.............................................10% >$175K ......................................................15% Resident Discounts - A local consultant scheduled to be onsite full-time for at least 6 mos (100 consecutive man-days) are as follows:

Duration Max Onsite Days Discount from List 6 mos. 100............. ..................................15% 9 mos. 150............. ..................................20% 12 mos. 200............. ..................................25%

d. GOVERNMENT EDUCATIONAL INSTITUTIONS. Government Educational Institutions are offered the same discounts as all other Government customers.

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e. DISCOUNT FOR USE OF GOVERNMENT COMMERCIAL CREDIT CARD. None.

f. OTHER. None

g. PRICES. All prices shown herein are net prices for acquisition under this contract unless otherwise indicated.

8. TRADE AGREEMENTS ACT OF 1979 (as amended):

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

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING:

Not available within the scope of this contract.

10. SMALL REQUIREMENTS:

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

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

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

Special Item Number 132-3 - Leasing of Product Special Item Number 132-33 - Perpetual Software Licenses Special Item Number 132-34 – Maintenance of Software Special Item Number 132-51 - Information Technology (IT) Professional Services

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

Special Item Number 132-50 - Training Courses

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACT.

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

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

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

13. FEDERAL INFORMATION TECHNOLOGY/ TELECOMMUNICATION STANDARDS REQUIREMENTS:

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

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S.

Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act.

Information concerning their availability and applicability should be obtained from the National Technical Information

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Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS):

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD."

Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202) 619-8925.

Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS

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

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

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

Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.

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

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

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

f. ORGANIZATIONAL CONFLICTS OF INTEREST: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

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

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

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

j. AVAILABILITY OF FUNDS: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year.

The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES:

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

16. GSA ADVANTAGE!:

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

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product category(ies).

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

17. PURCHASE OF OPEN MARKET ITEMS:

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

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

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply

Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply

Schedule is fair and reasonable;

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

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

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS:

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

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

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

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

b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.

19. OVERSEAS ACTIVITIES:

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

See F.O.B. Point, paragraph 5, under Information for Ordering Activities.

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

20. BLANKET PURCHASE AGREEMENTS (BPAs):

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

21. CONTRACTOR TEAM ARRANGEMENTS:

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

22. INSTALLATION, DEINSTALLATION, REINSTALLATION:

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

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The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8.

23. SECTION 508 COMPLIANCE:

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

www.bmc.com

24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

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

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

b. The following statement:

This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (FAR 52.228-5)

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

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

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

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

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

26. SOFTWARE INTEROPERABILITY

Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in and independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

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27. ADVANCE PAYMENTS.

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).

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TERMS AND CONDITIONS APPLICABLE TO LEASING OF GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLGY PRODUCTS (SPECIAL ITEM NUMBER 132-3)

1. LEASING PRICE LIST NOTICE:

Contractors must include the following notice in their contract price list for SIN 132-3:

“The ordering activity is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions prior to ordering and obligating funding for a lease.”

2. STATEMENT OF GOVERNMENT INTENT:

a. The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order (the “Lease Term”). In that regard, the ordering activity, as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a delivery order which shall, either through a statement of work or other attachment, specify the product being leased, and the required terms of the transaction.

b. Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated. Contractor may request information from the ordering activity concerning the essential use of the products.

3. LEASE TERM:

a. The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur, the products must operate in accordance with the product’s published specifications and statement of work. Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the ordering activity and the Contractor.

b. Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order, which is typically 12 months, or for the remainder of the fiscal year. Pursuant to FAR 32.703-3(b), delivery orders with options to renew that are funded by annual (fiscal year) appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement (DFAR) 232.703-3(b) in determining whether to use cross fiscal year funding. This cross fiscal year authority does not apply to multi-year leases.

c. The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders, whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year (unless extended by statute), through any earlier expiration date specified in the delivery order, or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date. The ordering activity, at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds. The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis.

d. Where an ordering activity’s specific appropriation or procurement authority provides for contracting beyond the fiscal year period, the ordering activity may place a delivery order for a period up to the expiration of the

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Lease Term, or to the expiration of the period of availability of the multi-year appropriation, or whatever is appropriate under the applicable circumstance.

4. LEASE TERMINATION:

a. The Ordering Activity must elect the Lease Term of the relevant delivery order. The Contractor (and assignee, if any) will rely on the ordering activity’s representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein.

(1) The ordering activity may terminate or not renew leases under this option at no cost, pursuant to a

Termination for Non-Appropriation as defined herein (see paragraph (c) below). In any other event, the ordering activity’s contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs (l) and (m).

(2) The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease (see paragraph (d) below). In the event of termination for the convenience of the ordering activity, the ordering activity may be liable only up to the amount beyond the order’s Termination Ceiling.

Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement.

b. TERMINATION FOR CONVENIENCE OF THE ORDERING ACTIVITY. Leases entered into under this option may not be terminated except by the ordering activity’s contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (l), Termination for Convenience of the Ordering Activity. The costs charged to the ordering activity as the result of any Termination for Convenience of the Ordering Activity must be reasonable and may not exceed the sum of the fiscal year’s payment obligations less payments made to date of termination plus the Termination Ceiling.

c. TERMINATION FOR NON-APPROPRIATION. The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term. Nevertheless, the ordering activity’s contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if (a) it no longer has a bona fide need for the product or functionally similar product; or (b) there is a continuing need, but adequate funds have not been made available to the ordering office in an amount sufficient to continue to make the lease payments. If this occurs, the ordering activity will promptly notify the Contractor, and the product lease will be terminated at the end of the last fiscal year for which funds were appropriated. Substantiation to support a termination for non-appropriation shall be provided to the Contractor upon request.

d. TERMINATION CHARGES. At the initiation of the lease, termination ceilings will be established for each year of the lease term. The termination ceiling is a limit on the amount that a Contractor may be paid by the ordering activity on the Termination for Convenience of a lease. No claim will be accepted for future costs:

supplies, maintenance, usage charges or interest expense beyond the date of termination. In accordance with the bona fide needs rule, all termination charges must reasonably represent the value the ordering activity received for the work performed based upon the shorter lease term. No Termination for Convenience costs will be associated with the expiration of the lease term.

e. At the order level, the ordering activity may, consistent with legal principles, negotiate lower monthly payments or rates based upon appropriate changes to the termination conditions in this section.

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LEASE PROVISIONS COMMON TO ALL TYPES OF LEASE AGREEMENTS

1. ORDERING PROCEDURES:

a. When an ordering activity expresses an interest in leasing a product(s), the ordering activity will provide the following information to the prospective Contractor:

(1) Which product(s) is (are) required.

(2) The required delivery date.

(3) The proposed lease plan and term of the lease.

(4) Where the product will be located.

(5) Description of the intended use of the product.

(6) Source and type of appropriations to be used.

b. The Contractor will respond with:

(1) Whether the Contractor can provide the required product.

(2) The estimated residual value of the product (Lease with Option to Own and Step Lease only).

(3) The monthly payment based on the rate.

(4) The estimated cost, if any, of applicable State or local taxes. State and local personal property taxes are to be estimated as separate line items in accordance with FAR 52.229-1, which may be identified and added to the monthly lease payment.

(5) A confirmation of the availability of the product on the required delivery date.

(6) Extent of warranty coverage, if any, of the leased products.

(7i) The length of time the quote is valid.

c. The ordering activity may issue a delivery order to the Contractor based on the information set forth in the

Contractor’s quote. In the event that the ordering activity does not issued a delivery order within the validity period stated in the Contractor’s quote letter, the quote shall expire.

2. ASSIGNMENT OF CLAIMS:

GSAR 552.232-23, Assignment of Claims, is incorporated herein by reference as part of these lease provisions.

The ordering activity’s contracting officer will acknowledge the assignment of claim for a lease in accordance with FAR 32.804-5. The extent of the assignee’s protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with FAR 32.803.

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3. PEACEFUL POSSESSION AND UNRESTRICTED USE:

In recognition of the types of products…