M67854-18-R-4011_Attachment_1_-_Performance_Specification.pdf

M67854-18-Q-4011 Axway Department of the Navy Enterprise Software Licensing Agreement

Attachment 1 - Performance Specification

1. Required Tasks The contractor shall perform the following tasks as part of the process of fulfilling Department of the

Navy orders under this contract vehicle.

1.1 Quarterly Sales Reporting.

The contractor shall provide Quarterly Sales Reports for all sales, including credit card purchases, utilizing a report format to be agreed upon by both the Government and the Contractor. The report format will be established immediately following contract award.

Sales Reports shall be submitted to the Government in electronic format within 30 days following completion of the Quarterly Reporting Period, or as otherwise requested by the Contracting Officer’s

Representative (COR). Reports of sales are required even in those instances where no sales are made.

The (COR) shall provide written approval of each Quarterly Sales Report to the contractor after receipt.

1.2 Cybersecurity.

The contractor shall continuously monitor, report, and respond to any changes that may impact the software’s security posture in accordance with MARADMIN 657/13 and Enterprise Cybersecurity

Directive 018 - Marine Corps Certification and Accreditation Process. Any changes that may impact the system’s security posture must be reported to the COR within 24 hours.

1.3 Software Maintenance.

Throughout the duration of the contract, the reseller shall provide notice of software version upgrades, updates, and patch releases as soon as they are released for public consumption. This notification shall be provided to the COR.

1.4 Order Processing.

The contractor shall process orders within 7 days award of the respective order.

1.5 Governmentwide Commercial Purchase Card

In accordance with DFARS 213.270, the contractor shall honor all methods of payment and/or methods of purchase for purchases valued at or below the micro-purchase threshold as defined at FAR 2.101. In the instance of a micro-purchase transaction, the contractor shall extend and honor all pricing and terms and conditions established under this contract. Micro-purchase transactions shall be captured and reported in the quarterly sales reporting described in section 1.1 above.

2 Special Instructions The following instructions shall govern the delivery of software licenses and maintenance under this contract.

2.1 Software.

The Contractor certifies that it is a Manufacturer-Authorized Partner/Reseller as of the date of each

Delivery Order placed under this contract and that it continues to have the certification/specialization

M67854-18-Q-4011 Axway Department of the Navy Enterprise Software Licensing Agreement level required by the Manufacturer to support both the product sale and product pricing, in accordance with the applicable Manufacturer certification/specialization requirements. The Contractor shall warrant that all products are new, in their original box, or, in the case of downloadable software, that all software is sourced from the OEM or Authorized Reseller, unless otherwise specified.

When a quote is submitted the Contractor confirmed that it would, and by accepting any Delivery Order, the Contractor confirms that it has, sourced all Manufacturer products it will provide from the

Manufacturer or through Manufacturer Authorized Partners only, in accordance with Manufacturer's applicable policies in effect at the time of the Delivery Order. The Contractor shall certify that it has notified the software Licensor that the applicable Department of the Navy customer (Buyer) will be the

Licensee. Note the provisions of FAR 52.212-4(u) apply.

2.2 Maintenance.

If, during performance of the maintenance the Contractor provides replacement hardware or software, all requirements listed above, including all required certification and compliance requirements, apply.

The Government’s remedies for Contractor’s failure to provide conforming products or services consistent with the above requirements are detailed in FAR 52.212-4, with emphasis on paragraphs (a), (m), and (u).

The Contractor shall warrant that all maintenance is Manufacturer-Authorized and supported, throughout all identified periods of performance unless otherwise agreed to in writing by the

Contracting Officer. The Contractor shall notify the Government in all cases where Manufacturer-

Authorized support has lapsed and is being provided by a third-party. Liability for any fees charged to the Government by the Manufacturer to bring maintenance agreement(s) current, after a lapse in

Manufacturer-Authorized support that occurs during any period of performance under this contract, will rest with the Contractor if lapses and third-party maintenance are not properly disclosed.