Federal Supply Schedule GS35F5412H

Systems Research and Applications Corporation a wholly owned subsidiary of SRA International, Inc.

4300 Fair Lakes Court Fairfax, Virginia 22033-4232

Phone: (703) 803-1500 Fax: (703) 803-1509 e-mail: schedules@sra.com

Ordering Information: http://www.sra.com/contracts/gsa-schedule SRA Website: www.sra.com

Contract Number: GS-35F-5412H Contract Period: Apr. 20, 2003 – Feb. 20, 2009

Special Item No. 132-33(RC, STLOC) Perpetual Software Licenses Special Item No. 132-34(RC, STLOC) Maintenance of Software

Special Item No. 132-50(RC, STLOC) Training Courses for IT Equipment and Software Special Item No. 132-51(RC, STLOC) IT Professional Services

AUTHORIZED FEDERAL SUPPLY SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION

TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES

Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage!

System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/.

General Services Administration Federal Supply Service

Pricelist Current Through Modification #PO-0020 Dated 12/23/2008

GSA FSS IT Schedule Contract No. GS-35F-5412H Systems Research and Applications Corporation i

Table of Contents

Table of Contents .............................................................................................i

Information for Ordering Offices Geographic Scope Of Contract Contractor's Ordering Address and Payment Information Liability for Injury or Damage

Statistical Data for Government Ordering Office Completion of Standard Form 279

4A. Cage Code

FOB Destination

Delivery Schedule

Discounts

Trade Agreements Act of 1979, as amended

Statement Concerning Availability of Export Packing

Small Requirements

Maximum Order

Use of Federal Supply Service Information Technology Schedule Contracts

Federal Information Technology/Telecommunication Standards Requirements

13.1 Federal Information Processing Standards Publications (FIPS PUBS)

13.2 Federal Telecommunication Standards (FED-STDS)

Security Requirements

Contract Administration for Ordering Offices

GSA Advantage!

Purchase of Incidental, Non-Schedule Items

Contractor Commitments, Warranties and Representations

Overseas Activities

Year 2000 Warranty—Commercial Supply Items

Blanket Purchase Agreements (BPAs)

Contractor Team Arrangements

Terms and Conditions, Perpetual Software License and Maintenance

1. Purchase Terms Technical Services Software Maintenance ii

Periods of Maintenance (132-34, 132-34RC, 132-34STLOC) Utilization Limitations (132-33, 132-33RC, 132-33STLOC, 132-34, 132-34RC, 132-34STLOC) Software Conversions (132-32, 132-32RC, 132-32STLOC, 132-33, 132-33RC, 132-33STLOC) Descriptions and Equipment Compatibility

Terms and Conditions, Training

1. Scope Order Time of Delivery Cancellation and Rescheduling Follow-Up Support Price for Training Invoices and Payment Format and Content of Training

Terms and Conditions, IT Professional Services

1. Scope Ordering Procedures Order Performance of Services Inspection of Services Responsibilities of the Contractor Responsibilities of the Government Independent Contractor Organizational Conflicts of Interest Invoices Payments Resumes Incidental Support Costs Approval of Subcontracts Statement of Work Work Areas Delays

Labor Descriptions

IT Professional Services Rate Schedule

Pricing

1. Perpetual Software License, SIN 132-33, 132-33RC, 132-33STLOC iii

2. Maintenance of Software, SIN 132-34, 132-34RC, 132-34STLOC Training, SIN 132-50, 132-50RC, 132-50STLOC

Federal Supply Schedule Blanket Purchase Agreement Simplified Acquisition Procedures Blanket Purchase Agreements

Information for Ordering Offices

SPECIAL NOTICE TO AGENCIES:

Small Business Participation

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

For orders exceeding the 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 Supply Service Home Page (www.fss.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination.

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

Geographic Scope Of Contract

The geographic scope of the contract includes both CONUS and OCONUS locations.

Contractor's Ordering Address and Payment Information

Systems Research and Applications Corporation 4300 Fair Lakes Court Fairfax, Virginia 22033

Attn: John Purdon Email: schedules@sra.com

Phone #: (609) 601-6800 x115

FAX #: (609) 601-6803

Section

Contractors are required to accept the Government purchase card for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Government purchase cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice.

Liability for Injury or Damage

The Contractor shall not be liable for any injury to Government personnel or damage to Government 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.

Statistical Data for Government Ordering Office Completion of Standard Form 279

Block 9: G. Order/Modification Under Federal Schedule Block 16: Contractor Establishment Code (DUNS): 09-777-9698 Block 30: Type of Contractor—Large Business Block 31: Woman-Owned Small Business—No Block 36: Contractor's Taxpayer Identification Number (TIN): 54-1013306

4A. Cage Code

6R517

FOB Destination

In the 48 contiguous states.

Delivery Schedule

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 (SIN or Nomenclature)

Delivery Time (Days ARO)

132-33, 132-33RC, 132-33STLOC 30 – 90

132-34, 132-34RC, 132-34STLOC 30 – 90

132-50, 132-50RC, 132-50STLOC As agreed to by the ordering agency and the contractor

132-51, 132-51RC, 132-51STLOC As agreed to by the ordering agency and the contractor

b. Urgent Requirements

When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency, agencies 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 agency, 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.

Discounts

a. Prompt Payment: Net 30 days

b. Quantity: See prices in section 7

c. Dollar Volume: None

d. Government Educational Institutions: None

e. Discount for use of Government Commercial Credit Card: None

f. Other: None

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.

Statement Concerning Availability of Export Packing

Beyond The Scope of This Schedule.

Not applicable to products or services offered by Systems Research and Applications Corporation (SRA).

Small Requirements

The minimum dollar value of orders to be issued is $100.00.

Maximum Order

(All dollar amounts are exclusive of any discount for prompt payment.)

a. Special Item 132-33, 132-33RC, 132-33STLOC—Perpetual Software License

The maximum dollar value per order will be $500,000 for all Perpetual Software Licenses.

b. Special Item 132-50, 132-50RC, 132-50STLOC —Training

The maximum dollar value per order will be $25,000 for all training products.

c. Special Item 132-51, 132-51RC, 132-51STLOC—Information Technology Professional Services

The maximum dollar value per order will be $500,000 for all Information Technology Services.

Note: Maximum Order do not apply to Special Item Numbers 132-12 Maintenance and Repair (except for Repair Parts) or 132-34, 132-34RC, 132-34STLOC Maintenance of Software.

Use of Federal Supply Service Information Technology Schedule Contracts

In accordance with FAR 8.404. [NOTE: Special ordering procedures have been established for Special Item Numbers (SINs) 132-51, 132-51RC, 132-51STLOC IT Professional Services and 132-52, 132-52RC, 132-52STLOC EC Services; refer to the terms and conditions for those SINs.]

Orders placed pursuant to a Multiple Award Schedule (MAS), using the procedures in FAR 8.404, are considered to be issued pursuant to full and open competition. Therefore, when placing orders under Federal Supply Schedules, ordering offices need not seek further competition, synopsize the requirement, make a separate determination of fair and reasonable pricing, or consider small business set-asides in accordance with subpart 19.5.

GSA has already determined the prices of items under schedule contracts to be fair and reasonable. By placing an order against a schedule using the procedures outlined below, the ordering office has concluded that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

a. Orders placed at or below the micro-purchase threshold. Ordering offices can place orders at or below the micro-purchase threshold with any Federal Supply Schedule Contractor.

b. Orders exceeding the micro-purchase threshold but not exceeding the maximum order threshold. Orders should be placed with the Schedule Contractor that can provide the supply or service that represents the best value. Before placing an order, ordering offices should consider reasonably available information about the supply or service offered under MAS contracts by using the “GSA Advantage!” on-line shopping service, or by reviewing the catalogs/pricelists of at least three Schedule Contractors and selecting the delivery and other options available under the schedule that meets the agency’s needs. In selecting the supply or service representing the best value, the ordering office may consider:

(1) Special features of the supply or service that are required in effective program performance and that are not provided by a comparable supply or service.

(2) Trade-in considerations.

(3) Probable life of the item selected as compared with that of a comparable item.

(4) Warranty considerations.

(5) Maintenance availability.

(6) Past performance.

(7) Environmental and energy efficiency considerations.

c. Orders exceeding the maximum order threshold. Each schedule contract has an established maximum order threshold. This threshold represents the point where it is advantageous for the ordering office to seek a price reduction. In addition to following the procedures in paragraph b, above, and before placing an order that exceeds the maximum order threshold, ordering offices shall:

(1) Review additional Schedule Contractors’ catalogs/pricelists or use the “GSA Advantage!” on-line shopping service;

(2) Based upon the initial evaluation, generally seek price reductions from the Schedule Contractor(s) appearing to provide the best value (considering price and other factors); and

(3) After price reductions have been sought, place the order with the Schedule Contractor that provides the best value and results in the lowest overall cost alternative. If further price reductions are not offered, an order may still be placed, if the ordering office determines that it is appropriate.

Note: For orders exceeding the maximum order threshold, the Contractor may:

(1) Offer a new lower price for this requirement (the Price Reductions clause is not applicable to orders placed over the maximum order in FAR 52.216-19 Order Limitations);

(2) Offer the lowest price available under the contract; or

(3) Decline the order (orders must be returned in accordance with FAR 52.216-19).

d. Blanket Purchase Agreements (BPAs). The establishment of Federal Supply Schedule BPAs is permitted when following the ordering procedures in FAR 8.404. All schedule contracts contain BPA provisions. Ordering offices may use BPAs to establish accounts with Contractors to fill recurring requirements. BPAs should address the frequency of ordering and invoicing, discounts, and delivery locations and times.

e. Price reductions. In addition to the circumstances outlined in paragraph c, above, there may be instances when ordering offices will find it advantageous to request a price reduction. For example, when the ordering office finds a schedule supply or service elsewhere at a lower price or when a BPA is being established to fill recurring requirements, requesting a price reduction could be advantageous. The potential volume of orders under these agreements, regardless of the size of the individual order, may offer the ordering office the opportunity to secure greater discounts.

Schedule Contractors are not required to pass on to all schedule users a price reduction extended only to an individual agency for a specific order.

f. Small business. For orders exceeding the micro-purchase threshold, ordering offices should give preference to the items of small business concerns when two or more items at the same delivered price will satisfy the requirement.

g. Documentation. Orders should be documented, at a minimum, by identifying the Contractor the item was purchased from, the item purchased, and the amount paid. If an agency requirement in excess of the micro-purchase threshold is defined so as to require a particular brand name, product, or feature of a product peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, the ordering office shall include an explanation in the file as to why the particular brand name, product, or feature is essential to satisfy the agency’s needs.

Federal Information Technology/Telecommunication Standards Requirements

Federal departments and agencies 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 offices, shall be responded to promptly by the Contractor.

13.1 Federal Information Processing Standards Publications (FIPS

PUBS)

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 Federal Telecommunication Standards (FED-STDS)

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202) 619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

Security Requirements

In the event security requirements are necessary, the ordering activities may incorporate, in their delivery orders, a security clause in accordance with current laws, regulations, and individual agency policy; however, the burden of administering the security requirements shall be with the ordering agency. If any costs are incurred as a result of the inclusion of security requirements, such costs will not exceed ten percent (10%) or $100,000, of the total dollar value of the order, whichever is less.

Contract Administration for Ordering Offices

Any ordering office, 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 (1) Termination for the Government’s convenience, and (m) Termination for Cause (See C.1.).

For technical and/or ordering assistance call:

Systems Research and Applications Corporation

Technical POC: (703) 803-1991 Sandi LaCroix Contractual POC: (609) 601-6800 x115 John Purdon

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

(3) Product categories

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

Purchase of Incidental, Non-Schedule Items

For administrative convenience, open market (non-contract) items may be added to a Federal Supply Schedule Blanket Purchase Agreement (BPA) or an individual order, provided that the items are clearly labeled as such on the order, all applicable regulations have been followed, and price reasonableness has been determined by the ordering activity for the open market (non-contract) items.

Contractor Commitments, Warranties and Representations

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

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

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

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

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

Overseas Activities

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

Overseas activities are outside the scope of this contract.

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

Year 2000 Warranty—Commercial Supply Items

“Year 2000 compliant”, as used in this part, means, with respect to information technology, that the information technology accurately processes date/time data, (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it.

a. All currently awarded products that are not Year 2000 compliant must be deleted from this contract no later than December 31, 1999.

b. Any contract modifications, adding new items under clause 552.243-72, Modifications (Multiple Award Schedule), must meet the warranty requirement in paragraph c, below.

c. The Contractor warrants that each hardware, software, and firmware product delivered under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the Contractor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such listed product properly exchange date data with it. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Contractor’s standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the Contractor in writing within ninety

(90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance.

Blanket Purchase Agreements (BPAs)

Federal Acquisition Regulation (FAR) 13.201(a) defines Blanket Purchase Agreements (BPAs) as “…a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” The use of Blanket Purchase Agreements under the Federal Supply Schedule Program is authorized in accordance with FAR 13.202(c)(3), which reads, in part, as follows:

“BPAs may be established with Federal Supply Schedule Contractors, if not inconsistent with the terms of the applicable schedule contract.”

Federal Supply Schedule contracts contain BPA provisions to enable schedule users to maximize their administrative and purchasing savings. This feature permits schedule users to set up “accounts” with Schedule Contractors to fill recurring requirements. These accounts establish a period for the BPA and generally address issues such as the frequency of ordering and invoicing, authorized callers, discounts, delivery locations and times. Agencies may qualify for the best quantity/volume discounts available under the contract, based on the potential volume of business that may be generated through such an agreement, regardless of the size of the individual orders. In addition, agencies may be able to secure a discount higher than that available in the contract based on the aggregate volume of business possible under a BPA. Finally, Contractors may be open to a progressive type of discounting where the discount would increase once the sales accumulated under the BPA reach certain prescribed levels. Use of a BPA may be particularly useful with the new Maximum Order feature. See the Suggested Format, contained in this Schedule Pricelist, for customers to consider when using this purchasing tool.

Contractor Team Arrangements

Federal Supply Schedule Contractors may use “Contractor Team Arrangements” (see FAR 9.6) to provide solutions when responding to a customer agency requirements. The policy and procedures outlined in this part will provide more flexibility and allow innovative acquisition methods when using the Federal Supply Schedules. See the additional information regarding Contractor Team Arrangements in this Schedule Pricelist.

Terms and Conditions, Perpetual Software License and Maintenance Applicable to Perpetual Software License (Special Item 132-33, 132- 33RC, 132-33STLOC) and Maintenance (Special Item Number 132-34, 132-34RC, 132-34 STLOC) of General Purpose Commercial Information Technology Software

1. Purchase Terms

a. Acceptance

The Government shall accept or reject software in writing within thirty (30) calendar days after date of delivery.

b. Guarantee

All software furnished pursuant to the terms of this contract will be unconditionally guaranteed for defects in the software or the disk for a period of ninety (90) days, beginning on the first day of acceptance.

Technical Services

The contractor, without additional charge to the Government, shall provide a hot line technical support number (703) 917-6540 the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 8:30 a.m. to 4:30 p.m.

Software Maintenance

a. Software maintenance service shall include the following:

(1) Services: SRA provides comprehensive and optional maintenance services for all SRA software products. Table 1 summarizes the service features covered by each of the three support levels.

Table 1. Service Features

Service Feature ORION Support Consultant (On-Site) Optional

Remote Support X

Software Problem Reporting X

Software License for Updates X

Software Update Installation/ Integration Assistance X

Software and Technical Data Update Materials X

(2) Limitations of Service: Supported Software Versions: SRA provides contractual support only for the current and immediately preceding version of any SRA software product. If support coverage lapses, additional fees may be required to resume support coverage.

Platform Coverage: SRA software support is limited to the platform(s) identified in the initial sales/ordering agreement, and is not transferable to other hardware.

Non-SRA Software: SRA is not responsible for design flaws in non-SRA software, and does not support non-SRA software products.

On-Site Assistance: Unless separately contracted, On-Site maintenance support is available only upon SRA’s determination that further resolution of a problem cannot be performed remotely, and then at SRA’s standard negotiated hourly Time and Materials rates.

Exclusions: Unless separately contracted, SRA software maintenance support does not include assistance that involves program development, coding, isolation of coding problems, implementation assistance, performance consulting, data recovery (regardless of the cause of data loss), or hardware malfunctions. SRA contractual support is not a substitute for any formal customer education course.

Access to the ORION Response Center: The ORION Response Center is limited to the system manager or authorized extended-hours callers for the covered software product. Callers must have the system and customer id number to receive assistance.

(3) Prerequisites: Usage: The Customer must purchase the software application maintenance that corresponds to the software product(s) being procured to receive maintenance under this contract. Maintenance shall be provided for the software product operating on the platform specified in the sales agreement, and is not transferable across machine or platform type. Materials update coverage shall be for the product operating on the specified platform only, and not for other classes of the software product operating on other platforms.

Delivery: The customer must purchase the applicable ORION Maintenance service for each software product on each platform for which the Customer wishes SRA to deliver software product update materials.

Recipient: For each licensed software product supported under the agreement, the Customer must identify a recipient for the materials.

Customer Contact: The Customer must identify a system manager and designated alternate as contacts for ORION maintenance services. These contacts and any other callers to the ORION Response Center must be identified by name at the ORION Response Center.

Maintenance Licenses: ORION software maintenance can be purchased only for software for which the Customer has rightfully acquired an appropriate ORION software license.

(4) Licenses for Software Updates: SRA grants the customer a License to Use the updates for software updates provided by SRA under an ORION maintenance contract. Customer agrees that the License to Use the updates is governed by the ORION Use License Agreement in force at the time that SRA ships the update to the Customer. Said Software Use License terms are hereby made a part of this exhibit.

Ownership: The Customer acknowledges that it does not own and has no right to, title to, or interest in the updates except as set forth in the ORION Use License Agreement.

Copyright, Restricted Rights, Limited Rights, and Trademark Notices: The Customer agrees to reproduce and conspicuously affix copyright, Limited Rights, Restricted Rights, and trademark notices from the original software on each copy of an update to software or technical data that the Customer makes or obtains.

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.

Periods of Maintenance (132-34, 132-34RC, 132-34STLOC)

a. The contractor shall honor orders for periods on one year or less.

b. Maintenance may be discontinued by the Government on thirty (30) calendar days written notice to the contractor.

c. All orders automatically expire on September 30 of the contract term. Thirty (30) calendar days prior to the expiration date of an order, the ordering office should notify the contractor, in writing, if the rental/maintenance is going to be permitted to expire.

Orders for continued rental/maintenance will be required, if rental is to be continued during the subsequent period.

Utilization Limitations (132-33, 132-33RC, 132-33STLOC, 132-34, 132-

34RC, 132-34STLOC)

Software acquisition is limited to commercial computer software defined to be:

COMMERCIAL COMPUTER SOFTWARE—Software acquisition is limited to Commercial Computer Software defined in FAR Part 2.101.

When acquired by the Government, 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 agency. An agency is defined as a cabinet level or independent agency. The software may be used by any subdivision of the agency (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 agency's site. This would allow other agencies access to one agency's data base. For Government public domain databases, User Agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The User Agency 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 Agency'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 Agency.

(3) Except as is provided in paragraph 11(ii) above, the Government 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 government who have the Government'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 Government to use software, documentation, or information therein, which the Government may already have or obtains without restrictions.

(4) The Government 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 Government has the right to transfer the software to another site if the Government site for which it is acquired is deemed to be unsafe for Government 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.

(6) FAR clauses 52.227-14 RIGHTS IN DATA—GENERAL (JUN 1987) and 52.227-

19 COMMERCIAL COMPUTER SOFTWARE—RESTRICTED RIGHTS (JUN

1987) are incorporated by reference as part of this pricelist.

Software Conversions (132-32, 132-32RC, 132-32STLOC, 132-33, 132-

33RC, 132-33STLOC)

Full monetary credit will be allowed to the Government when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under Perpetual license (132-33, 132-33RC, 132- 33STLOC), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version.

Descriptions and Equipment Compatibility

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

Terms and Conditions, Training Applicable to Purchase of Training Related to General Purpose Information Technology Equipment and Software (Special Item 132-

50, 132-50RC, 132-50STLOC)

1. Scope

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

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

Order

A written order, EDI (GSA Advantage! and FACNET) and credit card orders shall be the basis for the purchase of training in accordance with the terms of this contract. The written order shall include the student's name, course title, course date and time, and contracted dollar amount of the course.

Written orders, EDI orders, credit card orders or, in the case of BPA’s or BOA’s, telephone orders are permissible.

Time of Delivery

The Contractor shall conduct training on the date (time, day, month, and year) agreed to by the Contractor and the Government.

Cancellation and Rescheduling

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

b. In the event the Government fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the Government will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the Government to reschedule a student who fails to attend a training class within ninety

(90) days from the original course date, at no additional charge.

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

d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the Government, the Contractor must notify the Government at least seventy-two (72) hours before the scheduled training date.

Follow-Up Support

The Contractor agrees to provide each student with unlimited telephone support for the period of one (1) year from the completion of the training class. During this period, the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions.

Note: Follow-up support to a student for one (1) year from the completion of the training class is limited to telephone support to related course curriculum questions.

Price for Training

The price that the Government will be charged will be the Government purchase price in effect at the time of order placement, or the Government price in effect at the time the training course is conducted, whichever is less.

Invoices and Payment

Invoices for training shall be submitted by the Contractor after Government completion of the training course. Charges for training must be paid in arrears (31 U.S.C. 3324).

PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE

INVOICE.

Format and Content of Training

a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.)

normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class.

b. For hands-on training courses, there must be a one-to-one assignment of computer workstations to students.

c. The Contractor shall provide each student with a Certificate of Training at the completion of each training course.

d. The contractor shall provide the following information for each training course offered:

(1) The course title and a brief description of the course content, to include the course format (e.g., lecture, discussion, hands-on training);

(2) The length of the course;

(3) Mandatory and desirable prerequisites for student enrollment;

(4) The minimum and maximum number of students per class;

(5) The locations where the course is offered;

(6) Class schedules; and

(7) Price (per student, per class (if applicable)).

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

51STLOC)

1. Scope

a. The prices, terms and conditions stated under Special Item Number 132-51, 132- 51RC, 132-51STLOC Information Technology Professional Services apply exclusively to IT services within the scope of this Information Technology Schedule.

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

Ordering Procedures

a. Procedures for IT professional services priced on GSA schedule at hourly rates.

(1) FAR 8.402 contemplates that GSA may occasionally find it necessary to establish special ordering procedures for individual Federal Supply Schedules or for some Special Item Numbers (SINs) within a Schedule. GSA has established special ordering procedures for IT professional services (SIN 132-51, 132-51RC, 132- 51STLOC) that are priced on schedule at hourly rates. These special ordering procedures which are outlined herein take precedence over the procedures in

FAR 8.404.

(2) The GSA has determined that the rates for IT professional services contained in this pricelist are fair and reasonable. However, the ordering office using this contract is responsible for considering the level of effort and mix of labor proposed to perform a specific task being ordered and for making a determination that the total firm-fixed price or ceiling price is fair and reasonable.

(3) When ordering IT professional services ordering offices shall—

(i) Prepare a Request for Proposal:

a. A performance-based statement of work that outlines, at a minimum, the work to be performed, location of work, period of performance, deliverable schedule, applicable standards, acceptance criteria, and any special requirements (i.e., security clearances, travel, special knowledge, etc.) should be prepared.

b. A request for proposal should be prepared which includes the performance-based statement of work and requests the contractors submit either a firm-fixed price or a ceiling price to provide the services outlined in the statement of work. A firm-fixed price order shall be requested, unless the ordering office makes a determination that it is not possible at the time of placing the order to estimate accurately the extent or duration of the work or to anticipate cost with any reasonable degree of confidence. When such a determination is made, a labor hour or time-and-materials proposal may be requested. The firm-fixed price shall be based on the hourly rates in the schedule contract and shall consider the mix of labor categories and level of effort required to perform the services described in the statement of work. The firm-fixed price of the order should also include any travel costs or other incidental costs related to performance of the services ordered, unless the order provides for reimbursement of travel costs at the rates provided in the Federal Travel or Joint Travel Regulations. A ceiling price must be established for labor hour and time and material orders.

c. The request for proposal may request the contractors, if necessary or appropriate, submit a project plan for performing the task and information on the contractor’s experience and/or past performance performing similar tasks.

d. The request for proposal shall notify the contractors what basis will be used for selecting the contractor to receive the order. The notice shall include the basis for determining whether the contractors are technically qualified and provide an explanation regarding the intended use of any experience and/or past performance information in determining technical acceptability of responses. If consideration will be limited to schedule contractors who are small business concerns as permitted by paragraph (ii)(b) below, the request for proposals shall notify the contractors that will be the case.

(ii) Transmit the Request for Proposal to Contractors:

a. Based upon an initial evaluation of catalogs and pricelists, the ordering office should identify the contractors that appear to offer the best value (considering the scope of services offered, hourly rates and other factors such as contractors’ locations, as appropriate). When buying IT professional services under SIN 132-51, 132-51RC, 132-51STLOC ONLY, the ordering office, at its discretion, may limit consideration to those schedule contractors that are small business concerns. This limitation is not applicable when buying supplies and/or services under other SINs as well as SIN 132-51, 132-51RC, 132-51STLOC. The limitation may only be used when at least three (3) small businesses that appear to offer services that will meet the agency’s needs are available, if the order is estimated to exceed the micro-purchase threshold.

b. The request for proposal should be to three (3) contractors if the proposed order is estimated to exceed the micro-purchase threshold, but not to exceed the maximum order threshold. For proposed orders exceeding the maximum order threshold, the request for proposal should be provided to additional contractors that offer services that will meet the agency’s needs. Ordering offices should strive to minimize the contractors’ costs associated with responding to requests for proposals for specific orders. Requests should be tailored to the minimum level necessary for adequate evaluation and selection for order placement.

(iii) Evaluate proposals and select the contractor to receive the order:

After responses have been evaluated against the factors identified in the request for proposal, the order should be placed with the schedule contractor that represents the best value and results in the lowest overall cost alternative (considering price, special qualifications, administrative costs, etc.) to meet the Government’s needs.

(4) The establishment of Federal Supply Schedule Blanket Purchase Agreements (BPAs) for recurring services is permitted when the procedures outlined herein are followed. All BPAs for services must define the services that may be ordered under the BPA, along with delivery or performance time frames, billing procedures, etc. The potential volume of orders under BPAs, regardless of the size of individual orders, may offer the ordering office the opportunity to secure volume discounts. When establishing BPAs ordering offices shall–

(i) Inform contractors in the request for proposal (based on the agency’s requirement) if a single BPA or multiple BPAs will be established, and indicate the basis that will be used for selecting the contractors to be awarded the BPAs.

a. SINGLE BPA: Generally, a single BPA should be established when the ordering office can define the tasks to be ordered under the BPA and establish a firm-fixed price or ceiling price for individual tasks or services to be ordered. When this occurs, authorized users may place the order directly under the established BPA when the need for service arises.

The schedule contractor that represents the best value and results in the lowest overall cost alternative to meet the agency's needs should be awarded the BPA.

b. MULTIPLE BPAs: When the ordering office determines multiple BPAs are needed to meet its requirements, the ordering office should determine which contractors can meet any technical qualifications before establishing the BPAs. When multiple BPAs are established, the authorized users must follow the procedure in (3)(ii)(B) above, and then place the order with the schedule contractor that represents the best value and results in the lowest overall cost alternative to meet the agency’s needs.

(ii) Review BPAs periodically. Such reviews shall be conducted at least annually. The purpose of the review is to determine whether the BPA still represents the best value (considering price, special qualifications, etc.) and results in the lowest overall cost alternative to meet the agency’s needs.

(5) The ordering office should give preference to small business concerns when two or more contractors can provide the services at the same firm-fixed price or ceiling price.

(6) When the ordering office’s requirement involves both products as well as IT professional services, the ordering office should total the prices for the products and the firm-fixed price for the services and select the contractor that represents the greatest value in terms of meeting the agency’s total needs.

(7) The ordering office, at a minimum, should document orders by identifying the contractor the services were purchased from, the services purchased, and the amount paid. If other than a firm-fixed price order is placed, such documentation should include the basis for the determination to use a labor-hour or time-and-materials order. For agency requirements in excess of the micro-purchase threshold, the order file should document the evaluation of schedule contractors’ proposals that formed the basis for the selection of the contractor that received the order and the rationale for any trade-offs made in making the selection.

b. Ordering Procedures for other services available on schedule at fixed prices for specifically defined services or tasks.

Orders…