Roseville City Council
February 4, 2026

Proposal for As-Needed Technical Assistance
Section 2: Fee Proposal

City of Roseville | Page 4 of 4 | December 30, 2025

DIRECT EXPENSES
Standard charges for common direct expenses are as follows:

Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Lodging Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual Cost Project
Advisor
Senior
Project
Manager/
Advisor
Project
Manager/
Sr
Associate
Associate
Analyst Admin
365$ 315$ 265$ 185$ 135$
Task A. Implement SB 1383 Action PlanAs-Needed Organics, Recycling, Solid Waste, and SB 1383 Technical Assistance 1 As Needed SB 1383 Program Review and Summary Analysis 2 - 12 - - 14 3,910$ 2 Review and Provide Ordinance recommendations for SB 1383 compliance and Right Sizing 2 - 8 - 4 14 3,390$ 3* Technical Analysis of City Material Recovery/Transfer Facility Study 32 60 12 2 6 112 34,940$ Task A Total 36 60 32 2 10 140 42,240$ Task B Stakeholder Engagement, Commission, and City Council Presentations 1 Council Presentation and Stakeholder Support 4 - 10 - 2 16 4,380$ Task B Total 4 - 10 - 2 16 4,380$ Task C SB 1383 JACE Compliance Evaluation Support
1 Project Initiation for LAMD or JACE Review meeting with City Staff and CalRecycle 2 - 8 - - 10 2,850$ 2* Response to CalRecycle's IR follow-up questions - - 16 - - 16 4,240$ 3* IR Review meeting with CalRecycle and the City - - 10 - - 10 2,650$ 4* CalRecycle Site Visit (Assuming 2 in person inspection days) - - 50 6 - 56 14,360$ 5* Post Site Visit - Pre-Findings review meetings with CalRecycle and staff - - 14 - 14 3,710$ 6* CalRecycle Draft Findings Report - HF&H review and draft response - - 16 - - 16 4,240$ 7 Final CalRecycle Compliance Review meeting 2 - 6 - 8 2,320$ Task C Total 4 - 120 6 - 130 34,370$ Task D Implementation Record Support
1 IR Project Kick Off Meeting and RFI 2 - 8 - - 10 2,850$ 2* Virtual Pre-Review of IR documentation in response to RFI - - 10 - - 10 2,650$ 3* One Day onsite IR Review and Digital Build - - 20 - - 20 5,300$ 4* Post IR Review - - 14 - - 14 3,710$ 5* IR Follow-up Analysis/Report Card 2 - 25 8 4 39 9,375$ 6 IR Review Meeting with City 2 - 36 - - 38 10,270$ Task D Total 6 - 113 8 4 131 34,155$ Task E Food Recovery Program Review
1 Review and Provide Recommendations for EFG Tier Lists 2 - 4 - - 6 1,790$ 2 Develop Edible Food Recovery SOPs for Program Updates 2 - 10 - - 12 3,380$ 3 EFG Meeting Prep and Coordination - - 8 - - 8 2,120$ Task E Total 4 - 22 - - 26 7,290$ Total Cost
Total Cost Tasks A Through E 122,435.00$
Expenses* $1,565
Total Cost Including Expenses 124,000.00$
*Cells highlighted in green represented new tasks or updated budget submittals Total Cost
($)Task DescriptionTask # Total Labor
Hours
Docusign Envelope ID: 4066902D-767E-4F31-B035-965DCD76B667

City Council
Communication
Meeting Date: 2/4/2026
Item #: VII.13
File #: 0203-09
Item ID: 2026-11

Title: Historical Data Repository Oracle Software Licensing and Support Services - Purchase Order
Contact: Katherine Gettings 916-746-1865 [email protected]

SUMMARY
Staff recommends approval of a purchase order with Mythics LLC (dba Mythics VIII LLC) utilizing OMNIA Partners Cooperative Contract No. R240202 for the purchase of Oracle licensing and support services for the Supervisory Control and Data Acquisition network’s Historical Data Repository of the Environmental Utilities Department. The total cost for the purchase order is $129,496.48. Funding will be provided from the Environmental Utilities Department’s annual operating budgets and will be split 67% Wastewater Operations and 33% Water Operations.

RECOMMENDATION
Staff recommends that the City Council approve a purchase order with Mythics LLC (dba Mythics VIII LLC) utilizing OMNIA Partners Cooperative Contract No. R240202 for the purchase of Oracle licensing and support services for the Supervisory Control and Data Acquisition network’s Historical Data Repository of the Environmental Utilities Department.

BACKGROUND
One of the Environmental Utilities Department’s (EUD) core responsibilities is to ensure safe and reliable water, wastewater, and recycled water services. Meeting this responsibility includes the utilization of an Historical Data Repository (HDR) with two main areas of focus: information reporting and analysis.

Although the Supervisory Control and Data Acquisition (SCADA) system is the primary mechanism for the automated operation, the HDR system collects data and is used to produce data reports. These reports and data must be maintained for regulatory compliance and reporting, but are also used for predictive and preventative maintenance, and operations optimization. EUD’S HDR system uses Oracle software with support services that require annual renewal.

OMNIA Partners Contract No. R240202 with Mythics LLC was the result of a Request for Proposals (RFP) solicited by Region 4 Education Service Center as the lead agency for “Oracle Products and Services”.

This contract was awarded on January 1, 2025 and expires on December 31, 2027. Mythics LLC provides the negotiated pricing and discounts to maintain the correct Oracle software licensing and support services for the operation of the City's current HDR system.

FISCAL IMPACT
The not-to-exceed cost of the purchase order for FY2025-26 is $129,496.48. Funding will be provided from the Environmental Utilities Department’s annual operating budgets and will be split 67% Wastewater Operations and 33% Water Operations.

ENVIRONMENTAL REVIEW

The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.

The purchase of Oracle Software licensing and support services meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS

1. Ensure a safe and healthy community

6. Deliver exceptional City services

4. Invest in well-planned infrastructure and growth

Respectfully Submitted,
Katherine Gettings, EU Wastewater Maintenance Administrative Technician

Sean Bigley, Environmental Utilities Director

ATTACHMENTS:

1. Mythics Quote

2. Mythics Contract R240202

REVIEWERS:

Katherine Gettings, Environmental Utilities Department - Wastewater Created/Initiated - 1/14/2026 Tracie Mueller, Environmental Utilities Department - Wastewater Approved - 1/14/2026 Devin Whittington, Environmental Utilities Department Approved - 1/14/2026 Sean Bigley, Environmental Utilities Department Approved - 1/14/2026 Kelly Aye, City Attorney Department Approved - 1/20/2026 Katrina Six, City Clerk Department Approved - 1/21/2026 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 1/22/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/22/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/23/2026 Dominick Casey, City Clerk Department Approved - 1/27/2026 Katrina Six, City Clerk Department Final Approval - 1/27/2026

Company Name: City of Roseville Quote Number: SR-17229496-FY26V3 Contact: Becky Ph ilipp Prepared On: January 5, 2026
Email: [email protected] Valid Through: February 16, 2026 Phone Number:

Project: Oracle Support Renewal
Please include this
reference on a valid
PO:

ORACLE SUPPORT RENEWAL
1 23334673
Oracle Database Appliance X6-2-HA with 2 servers each
including one 10 GbE SFP+ card and 1 storage enclosure fully populated with 24 SSDs
11/21/2025 11/20/2026 1 Premier Support for Systems 18,065.22$ 2 23334673
Oracle Database A
ppliance X6-2-HA with 2 servers each
including one 10 GbE SFP+ card and 1 storage enclosure fully populated with 24 SSDs
11/21/2025 11/20/2026 1 Premier Support for Systems 18,065.23$ 3 23334673
STORAGE SHELF, ODA X6-2, w/24xSSD 11/21/2025 11/20/2026 1750NMQ070 1 Premier Support for Systems -$ 4 23334673
X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 11/21/2025 11/20/2026 1746NM100Y 1 Premier Support for Systems -$ 5 23334673
X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 11/21/2025 11/20/2026 1746NM1010 1 Premier Support for Systems -$ 6 23334673
STORAGE SHELF, ODA X6-2, w/24xSSD 11/21/2025 11/20/2026 1750NMQ06Y 1 Premier Support for Systems -$ 7 23334673
X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 11/21/2025 11/20/2026 1746NM100R 1 Premier Support for Systems -$ 8 23334673
X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 11/21/2025 11/20/2026 1751NM1009 1 Premier Support for Systems -$ 9 23334673 Power cord: Sun Rack jum
per, straight, 2 meters, C14 plug, C13
connector, 10A (for factory installation) 11/21/2025 11/20/2026 6 Premier Support for Systems 20.47$ 10 23334673 Power cord: Sun Rack jum
per, straight, 2 meters, C14 plug, C13
connector, 10A (for factory installation) 11/21/2025 11/20/2026 6 Premier Support for Systems 20.47$ 11 23334673
Oracle Database Appliance X6-2-HA: model family 11/21/2025 11/20/2026 1 Premier Support for Systems -$ 12 23334673
Oracle Database Appliance X6-2-HA: model family 11/21/2025 11/20/2026 1751NM0002 1 Premier Support for Systems -$ 13 23334673
Oracle Database Appliance X6-2-HA: model family 11/21/2025 11/20/2026 1 Premier Support for Systems -$ 14 23334673
Oracle Database Appliance X6-2-HA: model family 11/21/2025 11/20/2026 1751NM0003 1 Premier Support for Systems -$ 15 23334673 Dual rate transceiver: SFP+
SR. Support 1 Gb/sec and 10
Gb/sec dual rate (for factory installation) 11/21/2025 11/20/2026 4 Premier Support for Systems 114.65$ 16 23334673 Dual rate transceiver: SFP+
SR. Support 1 Gb/sec and 10
Gb/sec dual rate (for factory installation) 11/21/2025 11/20/2026 4 Premier Support for Systems 114.65$ 17 21773409
SAS cables for 1U (for factory installation) 11/21/2025 11/20/2026 1 Premier Support for Systems 8.52$ 18 21773409
Oracle Server X7-2: model family 11/21/2025 11/20/2026 1 Premier Support for Systems -$ 19 21773409
Oracle Server X7-2: model family 11/21/2025 11/20/2026 1818XC307X 1 Premier Support for Systems -$ 20 21773409
Oracle Server X
7-2: 1 RU base chassis with motherboard, eight

2.5-inch drive slots disk cage, 2 PSUs, slide rail kit, and cable management arm
11/21/2025 11/20/2026 1 Premier Support for Systems 445.64$ 21 21773409
Processor clip (for factory installation) 11/21/2025 11/20/2026 2 Premier Support for Systems 0.70$ 22 21773409
Short heat sink (for factory installation) 11/21/2025 11/20/2026 2 Premier Support for Systems 7.16$ 23 21773409 1 I
ntel Xeon Silver 4114 10-core 2.2 GHz processor (for factory installation) 11/21/2025 11/20/2026 2 Premier Support for Systems 379.69$ 24 21773409
One 32 GB DDR4-2666 registered DIMM (for factory installation) 11/21/2025 11/20/2026 4 Premier Support for Systems 347.66$ 25 21773409 One 1.2 T
B 10000 rpm 2.5-inch SAS-3 HDD with marlin bracket
(for factory installation) 11/21/2025 11/20/2026 4 Premier Support for Systems 372.98$ 26 21773409 Oracle Storage 12 Gb SA
S PCIe RAID HBA, internal: 16 port and
2 GB memory (for factory installation) 11/21/2025 11/20/2026 1 Premier Support for Systems 132.00$ 27 21773409
PCIe filler panel (for factory installation) 11/21/2025 11/20/2026 3 Premier Support for Systems 1.00$ 28 21773409 Power cord: North A
merica and Asia, 2.5 meters, 5-15P plug,
C13 connector, 15 A (for factory installation) 11/21/2025 11/20/2026 2 Premier Support for Systems 3.82$ 29 23333487
Oracle Tuning Pack - Named User Plus Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 1,199.86$ 30 23333487 Oracle Real A
pplication Clusters One Node - Processor
Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 4,760.11$ 31 23333487 Oracle Real A
pplication Clusters One Node - Named User Plus
Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 2,380.05$ 32 23333487
Oracle Diagnostics Pack - Named User Plus Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 1,789.95$ 33 23333487
Oracle Tuning Pack - Processor Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 2,380.05$ 34 23333487
Oracle Internet Developer Suite - Named User Plus Perpetual 11/21/2025 11/20/2026 1 Software Update License & Support 690.22$ Ex
tended Price
Installed At: City of Roseville - 311 Vernon Street, Roseville, CA 95678, US Region 4 (OMNIA Partners) (R240202)
This PO incorporates the terms of Mythics quote number SR- 17229496-FY26V2 including the Region 4 (OMNIA Partners) (R240202) by reference
Line
Item CSI Oracle Product Description Start Date End Date Serial Number Quantity Support Type 4525 Main Street, Suite 1500
Virginia Beach, VA 23462
Noel Taylor
Phone: (757) 617-0437
Fax: (757) 412-1060
Email: [email protected]
DUNS #: 013358002
Fed Tax ID #: 54-1987871
CAGE Code: 1TA34
NAICS: 511210

35 23333487 Oracle Diagnostics Pack - Processor Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 3,570.48$ 36 23333487
Oracle WebLogic Suite - Named User Plus Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 10,720.09$ 37 23333487
Oracle Database Enterprise Edition - Processor Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 22,610.91$ 38 23333487 Oracle WebLogic Server Managem
ent Pack Enterprise Edition -
Named User Plus Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 2,852.13$ 39 23333487 Oracle WebLogic Server Managem
ent Pack Enterprise Edition -
Processor Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 5,712.13$ 40 23333487 Oracle Database Enterprise Edition - Nam
ed User Plus
Perpetual 11/21/2025 11/20/2026 100 Software Update License & Support 11,310.18$ 41 23333487
Oracle WebLogic Suite - Processor Perpetual 11/21/2025 11/20/2026 4 Software Update License & Support 21,420.47$ 91,396.63$
38,099.85$
Support Total Base
year: 129,496.48$
This quotation contains data that shall not be disclosed outside of City of Roseville and shall not be duplicated, used, or disclosed – in whole or in part – for any purpose without the express written consent of Mythics, Inc. unless otherwise required by law
Ask me about our On-Demand Services
SUPPORT TOTAL 129,496.48$
TOTAL
(if also purchasing optional On-Demand
services)
N/A
RECOMMENDED ON-DEMAND SERVICES:

SULS SUBTOTAL

PREMIER SUPPORT FOR SYSTEMS SUBTOTAL
This quotation is an estimate and is an invitation for you to offer to purchase support services from Mythics subject to the terms and conditions herein.

Your order is subject to Mythics' acceptance.
• You agree that Mythics has the right to cancel your support due to non-payment. • By confirming, referencing or placing an order based on this quote, you are agreeing that the support being purchas ed is for electronic delivery only and there is no transfer of tangible property. Media is available for download at no additional cost at h ttp://edelivery.oracle.com/ • Support services are provided under Oracle's then current tec hnical support policies located at https://www.oracle.com/support/policies.html and the valid end user agreement set forth in the contract referenced at the top of this quote
• Applicable State taxes will be added unless an exemption is provided. • Orders are non-canc ellable.
• Payment terms are Net 30.
• Option year pricing is subject to change based on Oracle pricing adjus tments/surcharges.

RIGHTS IN DATA: Oracle programs, including the operating system, integrated software, any programs installed on hardware and/or documentation, delivered in accordance with the terms and conditions of the contract are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation ("FAR"). As such, use, duplication, disclosure, modification, and adaptation of the programs, including the operating system, integrated software, any programs installed on the hardware, and/or documentation, shall be subject to the End User Agreement, and then, to the extent applicable. the additional rights set forth in FAR 52.227-19,Commercial Computer Software (DEC 2007) wherein for the purposes of the contract "Government" shall mean the ordering activity. Issuance of an order off this quote signifies buyer agreement that no additional FAR clauses pertaining to Rights in Data apply.

WARRANTY: The warranty for the products you are purchasing is outlined in the End User Agreement that is referenced on this quote.

Additional warranties are not accepted and considered to be null and void.

SECURITY/PRIVACY: No Oracle Authorized Reseller can agree to accept security or privacy clauses without the express written approval of Oracle; most public sector (State or Locality) specific clauses pertaining to security or privacy do not apply to Commercial Off The Shelf (COTS) or commercial items. End users will not transmit PII or PHI to Contractor or Oracle during the performance/delivery or use of the line items quoted herein. Customer Ordering Activity would need to execute a BAA directly with Oracle in the event PHI is transmitted or accessed. A valid PO will not contain public sector, State or Locality specific clauses pertaining to security and privacy or will otherwise state on the PO those clauses do not apply.

This is not an exhaustive list, and additional terms may be identified for removal or non-application

Region 4 Education Service Center (ESC)

Contract # R240202
for
Oracle Products and Services
with
Mythics LLC

Effective: January 1, 2025

The following documents comprise the executed contract
effective: January 1, 2025
I. Vendor Contract and Signature Form
II. Oracle “End User” Terms and Conditions
III. Supplier’s Response to the RFP

APPENDIX A

CONTRACT
This Contract (“ Contract”) is made as of August 27, 2024 by and between Mythics LLC Contractor”) and Region 4 Education Service Center (“ Region 4 ESC ”) for the purchase of Oracle Products and Services (“the products and services”).

RECITALS
WHEREAS, Region 4 ESC issued Request for Proposal Number 24- 02 for (“RFP”), to which Contractor provided a response (“Proposal”); and
WHER
EAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor, in providing the described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHER
EAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHER
EAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control WHEREAS, the Contract will provide that Region 4 ESC and any state and local governmental entities, public and primary, secondary and higher education entities, , and agencies for the public benefit (“ Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The initial term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. Contractor may elect not to renew by providing ninety (90) days’ notice to Region 4 ESC. Notwithstanding the forgoing paragraph, any termination of the Contract, during the base or option year, will not affect orders that are outstanding at the time of termination. Those orders will be performed according to their terms as if the Contract was still in full force and effect. However, those orders may not be renewed or extended subsequent to termination of the Contract.

2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract, except the Oracle Terms and Conditions shall prevail for all matters pertaining to Oracle.

The Oracle Terms and Conditions apply to the Oracle offerings that a Participating Public Agency orders from the Contractor as the end user. The Oracle Terms and Conditions are attached to this Contract and consist of the following documents:

Oracle Software Programs and/or Services OMNIA Partners Supplemental Terms and Conditions v060121
Oracle Hardware Supplemental Terms and Conditions v041320 Oracle Cloud Services OMNIA Partners Supplemental Terms and Conditions v060721 Oracle Hardware OMNIA Partners Supplemental Terms and Conditions Supplemental Public Sector Terms and Conditions for Oracle Open-Source Support Services v041824 ii. Mythics Professional Services Terms and Conditions
iii. Offeror’s Best and Final Offer, including any required Mythics Service Agreements iv. Offeror’s proposal
v. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence) . The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract . No assignment of Contract may be made without the prior written approval of Region 4 ESC. The Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.) 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.

Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or

approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) D
elivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) For
ce Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) S
urvival Clause . All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. . 14) De
livery . Conforming product shall be shipped within 7 days of receipt of Purchase Order or as otherwise agreed to with the Participating Public Agency. Delivery shall be in accordance with the order and delivery policies and warranties incorporated within the Oracle terms and conditions . All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) P
ayments . Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 16) P rice Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
17) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
18) D
iscontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
19) N
ew Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
20) O
ptions. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
21) W
arranty Conditions. All supplies, equipment and services shall include manufacturer's or Service Provider’s minimum standard warranty as provided in the applicable End User or Professional Service Terms and Conditions.
22) S ite Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 23) S ite Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to moving furniture, installing wiring for networks or power, and similar pre- installation requirements.

24) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associa ted with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
25) S
afety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
26) S
moking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 27) S tored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 28) Fundi
ng Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
29) I
ndemnity . Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
30) M
arketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
31) C
ertificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten

(10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 32) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

33) In the event of a change to the distribution or reseller agreement between Contractor and Oracle, changes to the license definitions and rules and/or changes to Global Price Lists, Contractor may submit such changes as Oracle requires under Contractor’ distribution in writing to the Region 4 ESC for review. Region 4 ESC shall have thirty (30) days to accept or reject those changes. In the event Region 4 ESC accepts the new terms and conditions, Region 4 ESC shall notify Contractor in writing of such acceptance and the parties will negotiate and execute an Amendment to this Contract to incorporate such changes. If Contractor and Region 4 ESC cannot reach agreement to the proposed changes or Region 4 ESC fails to respond to Contractor request within thirty (30) days of receiving notice from Contractor, Contractor may terminate this Contract. If Contractor doesn’t receive notice after 10 days written termination, Contractor may terminate the Contract. If Contractor doesn’t receive notice after 10 days written notice of termination, Contractor may terminate the Contract.

A
ppendix C, Doc #1

ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
O

PEN RECORDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page- by-page and line- by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).

C
heck one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:

We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.
(
Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.)

Date Authorized Signature & Title
05/31/2024

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

Requirement #11. Region 4 ESC’s Open Records Policy
Requesting that the following documents be kept CONFI DENTIAL and ex empt from public disclosure as this information is considered trade secrets, our organization’s individual approach to our organizational structure , staffing, and processes , and/or financi al records that are not available to the public and such disclosure would give competitors an unjust advantage or adversely affect the financial interest of Mythics.
• IonWave Portal Response Attachments Tab Attached Documents o “CONFIDENTIAL RFP #24 -02_Mythics Emergent Group Inc. 2020 2021 Financial Statements”
o “CONFIDENTIAL RFP #24 -02__Mythics Emergent Group, Inc. 202 1 - 2022 Financial Statements”
o “CONFIDENTIAL RFP #24 -02__Mythics LLC and Subsidiary 2022 - 2023 Financial Statements”
o CONFIDENTIAL RFP #24-02 Requirement #41. References
o CONFIDENTIAL RFP #24-02 Requirement #86. PMO Chart_Mythics o CONFIDENTIAL (partial) RFP #24 -02 Requirement Appendix B_Te rms and Conditions Acceptance Form_Mythics (marked portion of this document) o CONFIDENTIAL Requirement #8. Mythics State of NJ_Statement of Ownership Disclosure

• IonWave Portal Attributes Tab Requirement Responses
o Requirement #41. References
o Requirement #87. Supplier’s Customer List (marked portion of response)

Version January 17, 2024
Appendi
x C, Doc #2

ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I a
ffirm under penalty of perjury of the laws of the State of Texas that:

1. I a
m duly authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In
connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

3. In
connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and

4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
Mythics, LLC
4525 Main St., Suite 1500
Virginia Beach, VA 23462
757-412-4362
757-412-1060
Deonte J. Watters
Vice President, Business Operations
Deonte J. Watters
Printed Name
Vice President, Business Operations
Vice President, Business Operations

Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1 OFFICE USE ONLY
2 05/31/2024
Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

Name of business entity filing form, and the city, state and country of the business entity's place of business.

Mythics, LLC
Virginia Beach, VA United States
Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Region 4 Education Service Center
Oracle Products and Services
RFP 24-02
2024-1169358
Date Filed:

Date Acknowledged:

Certificate Number:

CERTIFICATION OF FILING
Pegasus ME Buyer, Inc. XVirginia Beach, VA United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________,

UNSWORN DECLARATION
Check only if there is NO Interested Party.5
My address is _______________________________________________, _______________________, and my date of birth is _______________________.

Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street) (state) (zip code) (country)
(year)(month)
_______, ______________, _________.

State of ________________, on the _____day of ___________, 20_____. (city)
(Declarant)
Version V4.1.0.d378aba0www.ethics.state.tx.usForms provided by Texas Ethics Commission

What is this?Completed Certificates
Certificate NumberCertificate Number Contract ID #Contract ID # Governmental AgencyGovernmental Agency Date CompletedDate Completed Certificate SCertificate S 2024-1169358 RFP 24-02 Region 4 Education Service Center 05/31/2024 Pending 2024-1169295 RFP 24-02 Region 4 Education Service Center 05/31/2024 Pending 2024-1168858 10724092 CPS Energy 05/30/2024 Pending
(1 of 1)
11 1010

Appendix C, DOC # 4
Texas
Government Code 2270 Verification Form
Hous
e Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.

Furt
hermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.

I,
___________________________________________________, as an authorized representative of
_____________________________________________________________, a contractor engaged
by
Insert Name of Company
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above- named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract, or any contract with the above- named Texas governmental entity in the future.

Al
so, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.

I f
urther affirm that if our company's position on this issue is reversed and this affirmation is no longer valid, that the above -named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's f ailure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.

I s
wear and affirm that the above is true and correct.
______________________________________________ ________________

Signature of Named Authorized Company Representative Date Deonte J. Watters, Vice President, Business Operations
Mythics,LLC
05/31/2024

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

Requirement #9. Describe customer fulfillment process.

We use NetSuite's ERP and CRM functionality to manage the complete customer lifecycle, from the first contact to billing and ongoing customer support. CRM provides us with customer lifecycle management, from marketing automation, opportunity & order management to customer service.

It gives us a real -time full view of our customers' information, from lead generation and opportunity creation to order proce ssing, support renewal tracking, and ongoing service. ERP handles all our critical back -office operations and financial processes, including accounting, inventory and supply chain, and order management.

Our account managers create account information starting with the initial point of contact. During the initial lead phase, we capture contact information, project overview, and existing product information. As a transaction progresses from a lead to an opportunity, we input itemized Oracle technology information, the scope of any services, pricing, and associated contract fees. Upon receipt of an order, our sales team uploads all relevant documents, including the customer PO, the customer quote, and any necessary Oracle approvals. Once completed, our sales t eam creates a sales order that automatically triggers a notice to Accounting. to review and cut a PO to Oracle and any other third-party service delivery partners.

Once Accounting. reviews and validates, we draft the Mythics PO for Oracle along with an Oracle- required Ordering Document. For non -standard transactions, Sales attaches the Oracle Ordering Document to the opp. Once finalized, NetSuite triggers an automated review process requiring our sales, customer and partner contracts, and, if necessary, ex ecutive management review for accuracy and Oracle order and contract vehicle compliance.

After all reviews and approvals, Accounting. submits the order to Oracle for processing. This event creates an invoice(s) based on the agreed -upon payment terms with the Agency and notifies our finance team. Our Accounting. tracks the receipt of Oracle invoices and pays them based on our agreed payment terms.

Because NetSuite is our lifeblood, we implement the necessary safeguards and incentives to ensure the data we collect is up-to-date, correct, and always available. Further, using NetSuite's ad -hoc reporting capabilities, we generate project -specific and comprehensive performance reports required by the contract.

Requirement #9. Diversity Program Certifications
If there are any diversity programs, provide a copy of their certification.

Mythics has provided the U.S. Small Business Administration certification documents for our top-tier diversity partners with whom we collaborate often, which includes Astute Business Solutions, Concept Plus LLC, GNC Consulting Inc, Project Partners LLC, and Seneca Telecommunications LLC. Should you require additional certifications from any of our other diversity partners identified as part of our Diversity Supplier Program, these can be provided upon request.

SBA Profile
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This profile was last updated: 04/20/2024
Status: Active
User ID: P2863383
Name of Firm: ASTUTE BUSINESS SOLUTIONS
Capabilities Statement Link:

Trade Name ("Doing Business
As ..."):

UEI: C1BCWMPTCAM5
Address, line 1: 11501 DUBLIN BLVD STE 200
Address, line 2:

City: DUBLIN
State: CA
Zip: 94568-2827
Phone Number: 925-997-3267 x
Fax Number:

E-mail Address: [email protected]
WWW Page: http://www.beastute.com/
E-Commerce Website:

Contact Person: SUDHIR MEHANDRU
County Code (3 digit): 001
Congressional District: 14
Metropolitan Statistical Area: 5775
CAGE Code: 7Z2V9
Year Established: 2006
Accepts Government Credit
Card?:
[X] Yes [ ] No
GSA Advantage Contract(s):
(Note: Size information is now under "NAICS Codes with Size Determinations by NAICS", below.) Organization, Ownership & Certifications
Legal Structure: Subchapter S Corporation
Ownership and Self-
Certifications:

Other Minority Owned, Subcontinent Asian American
Current Principals
(none given)
“Business Development Servicing Office” (for certifications) SBA Profile
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SAN FRANCISCO DISTRICT OFFICE (SBA office code 0912)
SBA Federal Certifications
8(a) Certification:

SBA 8(a) Case Number:

SBA 8(a) Entrance Date:

SBA 8(a) Exit Date:

HUBZone Certification:

HUBZone Certified?: [ ] Yes [X] No
HUBZone Certification Date:
8(a) Joint Venture - SBA Certified:

NOTE: Notify your servicing SBA Business Opportunity Specialist to have your 8(a) joint venture approval date reflected in DSBS.
8(a) JV Entrance Date:
8(a) JV Exit Date:

Women Owned - SBA Certified:

WOSB Certified?: [ ] Yes [X] No
WOSB Pending?: [ ] Yes [X] No
Economically Disadvantaged Women Owned - SBA Certified:

EDWOSB Certified?: [ ] Yes [X] No
EDWOSB Pending?: [ ] Yes [X] No
Veteran-Owned Small Business - SBA Certified:

VOSB Certified?: [ ] Yes [X] No
VOSB Joint Venture?: [ ] Yes [X] No
VOSB Certification Date:

VOSB Certification Expiration
Date:

Service-Disabled Veteran-Owned Small Business - SBA Certified:

SDVOSB Certified?: [ ] Yes [X] No
SDVOSB Joint Venture?: [ ] Yes [X] No
SDVOSB Certification Date:

SDVOSB Certification Expiration
Date:

Other Certifications
Non-Federal-Government Certifications:

(none given)
Products & Services
Capabilities Narrative:
(none given)
Special Equipment/Materials:
(none given)
Business Type Percentages:
(none given)
Bonding Levels
Construction Bonding Level (per
contract)
(none given)
Construction Bonding Level
(aggregate)
(none given)
Service Bonding Level (per
contract)
(none given)
Service Bonding Level
(aggregate)
(none given)
NAICS Codes with Size Determinations by NAICS:
#Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 1 Yes 541511 Custom Computer Programming Services Yes
2 541512 Computer Systems Design Services Yes
3 541519 Other Computer Related Services
General $30.00m Small Business Size Standard:
[Yes]
Special 150 Employees Information Technology
Value Added Resellers: [Yes] (4)
Yes
4 541612 Human Resources Consulting Services Yes
5 541613 Marketing Consulting Services Yes
6 541618 Other Management Consulting Services Yes
7 561312 Executive Search Services Yes
8 561320 Temporary Help Services Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

Keywords:
(none given)
Miscellaneous:

Quality Assurance Standards: (none given)
Electronic Data Interchange
capable?:
[ ] Yes [ ] No
Export Profile (Trade Mission Online)
Exporter?: (firm hasn't answered this question yet)
Export Business Activities: (none given)
Exporting to: (none given)
Desired Export Business
Relationships:
(none given)
Description of Export
Objective(s):
(none given)
Performance History (References)
(none given)
The structure of this page was last updated 02/01/2013, as part of SBSS 8.1.1.

SBA Profile
Privacy Statement
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This profile was last updated: 02/27/2024
Status: Active
User ID: P1034203
Name of Firm: CONCEPT PLUS, LLC
Capabilities Statement Link: https://certify.sba.gov/capabilities/GL3LT4MQCMK7 Trade Name ("Doing Business
As ..."):

UEI: GL3LT4MQCMK7
Address, line 1: 12150 MONUMENT DRIVE STE 615
Address, line 2:

City: FAIRFAX
State: VA
Zip: 22033-4064
Phone Number: 703-436-8058 x
Fax Number: 888-450-7960
E-mail Address: [email protected]
WWW Page: https://www.conceptplusllc.com
E-Commerce Website:

Contact Person: AHMAD ABUZAAKOUK
County Code (3 digit): 059
Congressional District: 11
Metropolitan Statistical Area: 8840
CAGE Code: 5AF73
Year Established: 2008
Accepts Government Credit
Card?:
[X] Yes [ ] No
GSA Advantage Contract(s):
(Note: Size information is now under "NAICS Codes with Size Determinations by NAICS", below.) Organization, Ownership & Certifications
Legal Structure: LLC
Ownership and Self-
Certifications:

Other Minority Owned, Self-Certified Small Disadvantaged Business
Current Principals

1. Ahmad Abuzaakouk, President/CEO
“Business Development Servicing Office” (for certifications) SBA Profile
Skip Navigation > Accessibility Options >

WASHINGTON METROPOLITAN AREA DISTRICT OFFICE (SBA office code 0353) SBA Federal Certifications
8(a) Certification:

SBA 8(a) Case Number: C005Hv
SBA 8(a) Entrance Date: 03/22/2013
SBA 8(a) Exit Date: 03/22/2023
HUBZone Certification:

HUBZone Certified?: [ ] Yes [X] No
HUBZone Certification Date:
8(a) Joint Venture - SBA Certified:

NOTE: Notify your servicing SBA Business Opportunity Specialist to have your 8(a) joint venture approval date reflected in DSBS.
8(a) JV Entrance Date:
8(a) JV Exit Date:

Women Owned - SBA Certified:

WOSB Certified?: [ ] Yes [X] No
WOSB Pending?: [ ] Yes [X] No
Economically Disadvantaged Women Owned - SBA Certified:

EDWOSB Certified?: [ ] Yes [X] No
EDWOSB Pending?: [ ] Yes [X] No
Veteran-Owned Small Business - SBA Certified:

VOSB Certified?: [ ] Yes [X] No
VOSB Joint Venture?: [ ] Yes [X] No
VOSB Certification Date:

VOSB Certification Expiration
Date:

Service-Disabled Veteran-Owned Small Business - SBA Certified:

SDVOSB Certified?: [ ] Yes [X] No
SDVOSB Joint Venture?: [ ] Yes [X] No
SDVOSB Certification Date:

SDVOSB Certification Expiration
Date:

Other Certifications
Non-Federal-Government Certifications:

CMMI Level 3
ISO 9001
Products & Services
Capabilities Narrative:

Concept Plus, LLC is a designated Small Disadvantaged 8(a) Business providing Information Technology professional services to the Federal Government. We have extensive credentials providing Development, Operational and Innovative support services, as well as having large IDIQ management experience. Concept Plus helps our clients solve challenging IT problems by leveraging industry best practices and information technology expertise, while controlling costs, minimizing risk and providing flexible and innovative solutions.

Special Equipment/Materials:
(none given)
Business Type Percentages:
(none given)
Bonding Levels
Construction Bonding Level (per
contract)
$0
Construction Bonding Level
(aggregate)
$0
Service Bonding Level (per
contract)
$0
Service Bonding Level
(aggregate)
$0
NAICS Codes with Size Determinations by NAICS:
# Primary? Code NAICS Code's Description "Buy Green"? (1) Small? (2) 1 Yes 541511 Custom Computer Programming Services Yes
2 513210 Software Publishers15 Yes
3 518210 Computing Infrastructure Providers, Data
Processing, Web Hosting, and Related Services
Yes
4 541330 Engineering Services
General $22.50m Small Business Size
Standard: [No]
Special $41.50m Military and Aerospace
Equipment and Military Weapons: [Yes]
Special $41.50m Contracts and Subcontracts
for Engineering Services Awarded Under the
National Energy Policy Act of 1992: [Yes]
Special $41.50m Marine Engineering and Naval
Architecture: [Yes] (4)
See
Description
5 541512 Computer Systems Design Services Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

# Primary? Code NAICS Code's Description "Buy Green"? (1) Small? (2) 6 541513 Computer Facilities Management Services Yes
7 541519 Other Computer Related Services
General $30.00m Small Business Size
Standard: [Yes]
Special 150 Employees Information Technology
Value Added Resellers: [Yes] (4)
Yes
8 541611 Administrative Management and General
Management Consulting Services
No
9 541612 Human Resources Consulting Services Yes
10 541613 Marketing Consulting Services No
11 541614 Process, Physical Distribution and Logistics Consulting Services
No
12 541618 Other Management Consulting Services No
13 541714 Research and Development in Biotechnology
(except Nanobiotechnology)
Yes
14 541715 Research and Development in the Physical,
Engineering, and Life Sciences (except
Nanotechnology and Biotechnology)
General 1000 Employees Small Business Size
Standard: [Yes]
Special 1500 Employees Aircraft, Aircraft
Engine and Engine Parts: [Yes]
Special 1250 Employees Other Aircraft Parts
and Auxiliary Equipment: [Yes]
Special 1250 Employees Guided Missiles and
Space Vehicles, Their Propulsion Units and
Propulsion Parts: [Yes] (4)
Yes
15 541990 All Other Professional, Scientific and Technical Services
No
16 611420 Computer Training No
17 611430 Professional and Management Development
Training
No
18 624190 Other Individual and Family Services No
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

Keywords:

Enterprise Resource Planning (ERP), Information Assurance (IA), Business Intelligence, Data Warehouse, IT Operations and Maintenance, Oracle Database Administration, Oracle E-Business Suite, Oracle Application Implementations, Software Development, Agile Development, Healthcare Integration Services, Claims Processing, Claims Auditing, Program Management Support and Services, CMMI Level 3, ISO 9001-2008
Miscellaneous:

Quality Assurance Standards: ISO-9000 Series
Electronic Data Interchange
capable?:
[ ] Yes [ ] No

Export Profile (Trade Mission Online)
Exporter?: [ ] Yes [X] No [ ] Wants To Be
Export Business Activities: (none given)
Exporting to: (none given)
Desired Export Business
Relationships:
(none given)
Description of Export
Objective(s):
(none given)
Performance History (References)
(none given)
The structure of this page was last updated 02/01/2013, as part of SBSS 8.1.1.

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This profile was last updated: 10/05/2023
Status: Active
User ID: P0398189
Name of Firm: GNC CONSULTING INC
Capabilities Statement Link:

Trade Name ("Doing Business
As ..."):

UEI: KHVMD5L2GWN9
Address, line 1: 21195 S LA GRANGE RD
Address, line 2: STE 1A
City: FRANKFORT
State: IL
Zip: 60423-2045
Phone Number: 815-981-4029 x
Fax Number: 815-981-4029
E-mail Address: [email protected]
WWW Page: www.gnc-consulting.com
E-Commerce Website: https://www.gnc-consulting.com
Contact Person: GARRY COOPER
County Code (3 digit): 197
Congressional District: 01
Metropolitan Statistical Area: 1600
CAGE Code: 3HE52
Year Established: 1995
Accepts Government Credit
Card?:
[ ] Yes [X] No
GSA Advantage Contract(s):
(Note: Size information is now under "NAICS Codes with Size Determinations by NAICS", below.) Organization, Ownership & Certifications
Legal Structure: Subchapter S Corporation
Ownership and Self-
Certifications:

Hispanic American, Other Minority Owned, Self-Certified Small Disadvantaged Business, Veteran
Current Principals

1. Garry P. Cooper, President
“Business Development Servicing Office” (for certifications) SBA Profile
Skip Navigation > Accessibility Options >

ILLINOIS DISTRICT OFFICE (SBA office code 0507)
SBA Federal Certifications
8(a) Certification:

SBA 8(a) Case Number:

SBA 8(a) Entrance Date:

SBA 8(a) Exit Date:

HUBZone Certification:

HUBZone Certified?: [ ] Yes [X] No
HUBZone Certification Date:
8(a) Joint Venture - SBA Certified:

NOTE: Notify your servicing SBA Business Opportunity Specialist to have your 8(a) joint venture approval date reflected in DSBS.
8(a) JV Entrance Date:
8(a) JV Exit Date:

Women Owned - SBA Certified:

WOSB Certified?: [ ] Yes [X] No
WOSB Pending?: [ ] Yes [X] No
Economically Disadvantaged Women Owned - SBA Certified:

EDWOSB Certified?: [ ] Yes [X] No
EDWOSB Pending?: [ ] Yes [X] No
Veteran-Owned Small Business - SBA Certified:

VOSB Certified?: [X] Yes [ ] No
VOSB Joint Venture?: [ ] Yes [X] No
VOSB Certification Date: 02/02/2022
VOSB Certification Expiration
Date:
02/02/2026
Service-Disabled Veteran-Owned Small Business - SBA Certified:

SDVOSB Certified?: [ ] Yes [X] No
SDVOSB Joint Venture?: [ ] Yes [X] No
SDVOSB Certification Date:

SDVOSB Certification Expiration
Date:

Other Certifications
Non-Federal-Government Certifications:

(none given)
Products & Services
Capabilities Narrative:

GNC Consulting, Inc. (GNC) began operations on July 7. 1995. Headquartered in Frankfort, IL (a suburb of Chicago), GNC provides professional IT services to public-sector and private-sector organizations.

Our services focus on implementations, upgrades, development and staff augmentation. We provide consultants who have in-depth technical and functional expertise and demonstrate our commitment to customer-centric service. GNC holds certifications as a Veteran-Owned Small Business (VOSB), a Disadvantaged Business Enterprise (DBE), and Minority-Business Enterprise (MBE).

Special Equipment/Materials:

Staff Augmentation Program/Project Management Business Analysis Application Development Expertise (sample list) C#, C/C++, Java, Python, JavaScript, PHP, Perl, JSP, NET, .NET, VB, VB.NET, CSS, AJAX, MVC, ADO.NET Database Expertise Oracle, SQL Server, DB2 ERP Cloud Implementations Upgrades Onshore and Offshore Capabilities Managed Services Technical Support Business Type Percentages:

Service (100 %)
Bonding Levels
Construction Bonding Level (per
contract)
$0
Construction Bonding Level
(aggregate)
$0
Service Bonding Level (per
contract)
$0
Service Bonding Level
(aggregate)
$0
NAICS Codes with Size Determinations by NAICS:
#Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 1 Yes 541511 Custom Computer Programming Services Yes
2 541512 Computer Systems Design Services Yes
3 541519 Other Computer Related Services
General $30.00m Small Business Size Standard:
[Yes]
Special 150 Employees Information Technology
Value Added Resellers: [Yes] (4)
Yes
4 541690 Other Scientific and Technical Consulting Services Yes 5 561320 Temporary Help Services Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

Keywords:

Oracle, PeopleSoft, Hyperion, IT Managed Services, Human Capital Management, Budget Management, Talent Management, Planning Budgeting Cloud Services, Learning Management Miscellaneous:

Quality Assurance Standards: (none given)
Electronic Data Interchange
capable?:
[ ] Yes [ ] No
Export Profile (Trade Mission Online)
Exporter?: [ ] Yes [X] No [ ] Wants To Be
Export Business Activities: (none given)
Exporting to: (none given)
Desired Export Business
Relationships:
(none given)
Description of Export
Objective(s):
(none given)
Performance History (References)
(none given)
The structure of this page was last updated 02/01/2013, as part of SBSS 8.1.1.

SBA Profile
Privacy Statement
(Back to Profile List, or use Back button)
Identification, Location & Contacts
This profile was last updated: 09/12/2023
Status: Active
User ID: P0322911
Name of Firm: PROJECT PARTNERS, LLC
Capabilities Statement Link:

Trade Name ("Doing Business
As ..."):

PROJECT PARTNERS LLC
UEI: M21RJTR2KD63
Address, line 1: 520 PURISSIMA ST
Address, line 2:

City: HALF MOON BAY
State: CA
Zip: 94019-1931
Phone Number: 650-712-6200 x
Fax Number: 650-726-7975
E-mail Address: [email protected]
WWW Page: http://www.projectp.com
E-Commerce Website: https://www.projectp.com
Contact Person: RANDY EGGER
County Code (3 digit): 081
Congressional District: 16
Metropolitan Statistical Area: 7360
CAGE Code: 1XC12
Year Established: 1997
Accepts Government Credit
Card?:
[ ] Yes [X] No
GSA Advantage Contract(s):
(Note: Size information is now under "NAICS Codes with Size Determinations by NAICS", below.) Organization, Ownership & Certifications
Legal Structure: LLC
Ownership and Self-
Certifications:

Hispanic American, Other Minority Owned, Self-Certified Small Disadvantaged Business
Current Principals

1. Randy Egger, President
“Business Development Servicing Office” (for certifications) SBA Profile
Skip Navigation > Accessibility Options >

SAN FRANCISCO DISTRICT OFFICE (SBA office code 0912)
SBA Federal Certifications
8(a) Certification:

SBA 8(a) Case Number:

SBA 8(a) Entrance Date:

SBA 8(a) Exit Date:

HUBZone Certification:

HUBZone Certified?: [ ] Yes [X] No
HUBZone Certification Date:
8(a) Joint Venture - SBA Certified:

NOTE: Notify your servicing SBA Business Opportunity Specialist to have your 8(a) joint venture approval date reflected in DSBS.
8(a) JV Entrance Date:
8(a) JV Exit Date:

Women Owned - SBA Certified:

WOSB Certified?: [ ] Yes [X] No
WOSB Pending?: [ ] Yes [X] No
Economically Disadvantaged Women Owned - SBA Certified:

EDWOSB Certified?: [ ] Yes [X] No
EDWOSB Pending?: [ ] Yes [X] No
Veteran-Owned Small Business - SBA Certified:

VOSB Certified?: [ ] Yes [X] No
VOSB Joint Venture?: [ ] Yes [X] No
VOSB Certification Date:

VOSB Certification Expiration
Date:

Service-Disabled Veteran-Owned Small Business - SBA Certified:

SDVOSB Certified?: [ ] Yes [X] No
SDVOSB Joint Venture?: [ ] Yes [X] No
SDVOSB Certification Date:

SDVOSB Certification Expiration
Date:

Other Certifications
Non-Federal-Government Certifications:

(none given)
Products & Services
Capabilities Narrative:

Project Partners is the global leader in optimizing business processes and IT investments within project- driven organizations. Our business process experts understand the challenges faced by project-centric organizations and help our customers improve processes and deploy technology to maximize project life cycle ROI. We are experts in leveraging Oracle’s ERP | PPM Cloud, E-Business Suite and Primavera solutions. We have also developed solutions that support and augment our customers’ off-the-shelf products.

Special Equipment/Materials:
(none given)
Business Type Percentages:
(none given)
Bonding Levels
Construction Bonding Level (per
contract)
$0
Construction Bonding Level
(aggregate)
$0
Service Bonding Level (per
contract)
$0
Service Bonding Level
(aggregate)
$0
NAICS Codes with Size Determinations by NAICS:
#Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 1 Yes 541512 Computer Systems Design Services Yes
2 541511 Custom Computer Programming Services Yes
3 541519 Other Computer Related Services
General $30.00m Small Business Size Standard:
[Yes]
Special 150 Employees Information Technology
Value Added Resellers: [Yes] (4)
Yes
4 541618 Other Management Consulting Services Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

Keywords:

Oracle’s ERP | PPM Cloud, E-Business Suite and Primavera solutions.

Miscellaneous:

Quality Assurance Standards: (none given)

Electronic Data Interchange
capable?:
[ ] Yes [ ] No
Export Profile (Trade Mission Online)
Exporter?: [ ] Yes [X] No [ ] Wants To Be
Export Business Activities: (none given)
Exporting to: (none given)
Desired Export Business
Relationships:
(none given)
Description of Export
Objective(s):
(none given)
Performance History (References)
(none given)
The structure of this page was last updated 02/01/2013, as part of SBSS 8.1.1.

SBA Profile
Privacy Statement
(Back to Profile List, or use Back button)
Identification, Location & Contacts
This profile was last updated: 02/20/2024
Status: Active
User ID: P1209462
Name of Firm: SENECA TELECOMMUNICATIONS, LLC
Capabilities Statement Link: https://certify.sba.gov/capabilities/MPWJK1778LW3 Trade Name ("Doing Business
As ..."):

UEI: MPWJK1778LW3
Address, line 1: 90 OHI:YO' WAY
Address, line 2:

City: SALAMANCA
State: NY
Zip: 14779-
Phone Number: 703-956-6112 x
Fax Number: 716-945-8141
E-mail Address: [email protected]
WWW Page: www.seneca-solutions.com
E-Commerce Website: http://www.seneca-solutions.com
Contact Person: KERRIE MCCABE
County Code (3 digit): 009
Congressional District: 23
Metropolitan Statistical Area:

CAGE Code: 5ZSD3
Year Established: 2010
Accepts Government Credit
Card?:
[X] Yes [ ] No
GSA Advantage Contract(s):
(Note: Size information is now under "NAICS Codes with Size Determinations by NAICS", below.) Organization, Ownership & Certifications
Legal Structure: LLC
Ownership and Self-
Certifications:

Native American, Other Minority Owned, Self-Certified Small Disadvantaged Business, Tribally Owned Firm
Current Principals

1. Seneca Holdings, LLC, Member
“Business Development Servicing Office” (for certifications) SBA Profile
Skip Navigation > Accessibility Options >

BUFFALO DISTRICT OFFICE (SBA office code 0296)
SBA Federal Certifications
8(a) Certification:

SBA 8(a) Case Number: 305501
SBA 8(a) Entrance Date: 08/16/2012
SBA 8(a) Exit Date: 09/15/2022
HUBZone Certification:

HUBZone Certified?: [ ] Yes [X] No
Previously HUBZone certified: From 08/23/2011 through 10/12/2012 8(a) Joint Venture - SBA Certified:

NOTE: Notify your servicing SBA Business Opportunity Specialist to have your 8(a) joint venture approval date reflected in DSBS.
8(a) JV Entrance Date:
8(a) JV Exit Date:

Women Owned - SBA Certified:

WOSB Certified?: [ ] Yes [X] No
WOSB Pending?: [ ] Yes [X] No
Economically Disadvantaged Women Owned - SBA Certified:

EDWOSB Certified?: [ ] Yes [X] No
EDWOSB Pending?: [ ] Yes [X] No
Veteran-Owned Small Business - SBA Certified:

VOSB Certified?: [ ] Yes [X] No
VOSB Joint Venture?: [ ] Yes [X] No
VOSB Certification Date:

VOSB Certification Expiration
Date:

Service-Disabled Veteran-Owned Small Business - SBA Certified:

SDVOSB Certified?: [ ] Yes [X] No
SDVOSB Joint Venture?: [ ] Yes [X] No
SDVOSB Certification Date:

SDVOSB Certification Expiration
Date:

Other Certifications
Non-Federal-Government Certifications:

(none given)
Products & Services
Capabilities Narrative:

Providing a wide spectrum of IT Services to meet a very dynamic and diverse set of federal government IT requirements. Specializing in Program Management, Enterprise Resource Planning, Information Assurance and Cyber Security Training, IT Deployment/Modernization, Requirements Analysis and System Integration. Experienced. Customer Focused. Mission Focused.

Special Equipment/Materials:
(none given)
Business Type Percentages:

Service (100 %)
Bonding Levels
Construction Bonding Level (per
contract)
$0
Construction Bonding Level
(aggregate)
$0
Service Bonding Level (per
contract)
$0
Service Bonding Level
(aggregate)
$0
NAICS Codes with Size Determinations by NAICS:
# Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 1 Yes 518210 Computing Infrastructure Providers, Data
Processing, Web Hosting, and Related Services
Yes
2 237130 Power and Communication Line and Related
Structures Construction
Yes
3 238210 Electrical Contractors and Other Wiring
Installation Contractors
Yes
4 334112 Computer Storage Device Manufacturing Yes
5 334210 Telephone Apparatus Manufacturing Yes
6 334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
Yes
7 334290 Other Communications Equipment Manufacturing Yes 8 334416 Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing
Yes
9 334515 Instrument Manufacturing for Measuring and
Testing Electricity and Electrical Signals
Yes
10 334517 Irradiation Apparatus Manufacturing Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

# Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 11 335931 Current?Carrying Wiring Device Manufacturing Yes 12 423420 Office Equipment Merchant Wholesalers Yes
13 423430 Computer and Computer Peripheral Equipment
and Software Merchant Wholesalers
Yes
14 423450 Medical, Dental, and Hospital Equipment and
Supplies Merchant Wholesalers
Yes
15 423690 Other Electronic Parts and Equipment Merchant Wholesalers
Yes
16 512110 Motion Picture and Video Production Yes
17 517410 Satellite Telecommunications Yes
18 541330 Engineering Services
General $22.50m Small Business Size Standard:
[Yes]
Special $41.50m Military and Aerospace
Equipment and Military Weapons: [Yes]
Special $41.50m Contracts and Subcontracts for
Engineering Services Awarded Under the
National Energy Policy Act of 1992: [Yes]
Special $41.50m Marine Engineering and Naval
Architecture: [Yes] (4)
Yes
19 541511 Custom Computer Programming Services Yes
20 541512 Computer Systems Design Services Yes
21 541513 Computer Facilities Management Services Yes 22 541519 Other Computer Related Services
General $30.00m Small Business Size Standard:
[Yes]
Special 150 Employees Information Technology
Value Added Resellers: [Yes] (4)
Yes
23 541611 Administrative Management and General
Management Consulting Services
Yes
24 541618 Other Management Consulting Services Yes
25 541620 Environmental Consulting Services Yes
26 541690 Other Scientific and Technical Consulting
Services
Yes
27 541715 Research and Development in the Physical,
Engineering, and Life Sciences (except
Nanotechnology and Biotechnology)
General 1000 Employees Small Business Size
Standard: [Yes]
Special 1500 Employees Aircraft, Aircraft Engine
and Engine Parts: [Yes]
Special 1250 Employees Other Aircraft Parts and
Auxiliary Equipment: [Yes]
Special 1250 Employees Guided Missiles and
Space Vehicles, Their Propulsion Units and
Propulsion Parts: [Yes] (4)
Yes
28 541990 All Other Professional, Scientific and Technical Services
Yes
29 561110 Office Administrative Services No
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

# Primary? Code NAICS Code's Description "Buy Green"? (1)Small? (2) 30 561210 Facilities Support Services Yes
31 561311 Employment Placement Agencies Yes
32 561330 Professional Employer Organizations Yes
33 561421 Telephone Answering Services Yes
34 561611 Investigation and Personal Background Check
Services
Yes
35 562910 Remediation Services
General $22.00m Small Business Size Standard:
[Yes]
Special 750 Employees Environmental
Remediation Services: [Yes] (4)
Yes
36 611410 Business and Secretarial Schools Yes
37 611420 Computer Training Yes
38 611430 Professional and Management Development
Training
Yes
(1) By entering Yes for "Buy Green", the firm asserts that it obeys EPA guidelines for environmental friendliness for this NAICS code. Note, EPA guidelines do not exist for every NAICS code.
(2) If Yes, the firm's revenues/number of employees do not exceed the NAICS code's small business size standard. (4) As seen above, the size standard can depend on subcategories within a NAICS code.

Keywords:

Telecommunications, Motorola radios, IT Support, Operations Support, datacenters, information assur, cyber security, enterprise infra, sharepoint, network config, help desk support, NOC services, wireless, Administrative Serv, Program Management, Satellite Comm, Integrated Product, Asset Management, Hosted VoIP, systems architecture, network admin, ERP solutions, Database Management Miscellaneous:

Quality Assurance Standards: (none given)
Electronic Data Interchange
capable?:
[ ] Yes [ ] No
Export Profile (Trade Mission Online)
Exporter?: [ ] Yes [X] No [ ] Wants To Be
Export Business Activities: (none given)
Exporting to: (none given)
Desired Export Business
Relationships:
(none given)
Description of Export
Objective(s):
(none given)
Performance History (References)
Name: Defense Security Cooperation
Agency
Contract: HC1028-16-C-0022
Start: 09/28/2013
End: 09/30/2015

Value: 19,224,027.38
Contact: Anita Eggleston
Phone: 571-372-3439
Name: Federal Aviation Administration
Contract: DTFAQA-14-D-00008
Start: 03/17/2014
End: 03/16/2016
Value: 3,260,852.88
Contact: James Tatum
Phone: 202-267-9749
Name: NSWC PCD
Contract: N61331-14-D-0011
Start: 05/06/2014
End: 05/05/2017
Value: 4,455,763
Contact: Joan Troutman
Phone: 850-235-5845
The structure of this page was last updated 02/01/2013, as part of SBSS 8.1.1.

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

Requirement #17. Submit FEIN and Dunn & Bradstreet report.

Mythics’ FEIN # is 54-1987871.

Please find our D&B report beginning on the following page.

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

Requirement #31.Current OPN resale rights, specializations Offerors must identify their current OPN Resale Rights, Specializations, and other relevant expertise they hold for all products and services offered through this RFP. In addition, Offerors should identify and validate any product enabling and value-added services they offer in support of the listed Oracle technologies.

Oracle encourages its customers to validate and use OPN qualifications to differentiate its partners when procuring Oracle technology—gaining assurance that their partner of choice has relevant expertise and achieved success with similar customers.

Oracle has replaced its legacy Partner Program with Oracle's Partner Expertise Program. For contextual reference, we'll ex plain why it's vital to OMNIA, how the OMNIA can validate the information, and summarize the qualifications of each Oracle partner eligible to respond to this RFP.

Oracle Partner Expertise Program
Oracle believes its customers need partners that align technology to business value. To help them select the right partner based on their needs, Oracle developed its Oracle Partner Expertise Program, where Oracle validates an OPN member's skills with Oracle technologies and verifies their customer success.

To earn Expertise, OPN members must employ a minimum number of certified sales specialists and/or solutions engineers, have met minimum annual revenue targets, and have a record of positive customer satisfaction with a specific Oracle technology.

Oracle grants resale rights to OPN members as they earn Expertise, which makes earning Expertise a critical success factor for OPN members' go -to-market strategies. Oracle categorizes each Expertise into the following Solution Areas, which helps OPN members differentiate themselves:
▪ Service Expertise: Implement, Deploy, and/or Manage Oracle Cloud Services ▪ Sell Expertise: Resell Oracle Cloud Technology on Behalf of Oracle ▪ Build, Sell, or Service Oracle License and Hardware Products (Service and Sell) For example, an OPN mem ber may qualify for and earn Expertise for Oracle E -Business Suite, Oracle Hyperion, and Oracle Primavera Unifier. Having all three would count as 3 Expertise. All 3 Expertise belong to the Build, Sell, or Service Oracle License and Hardware Products (Sell ) Solution Area.

NOTE: In some instances, Oracle may grant an OPN member opportunity -specific approval to waive the requirement to have Expertise to resell a specific technology. It does not mean that the OPN member has met the Expertise criteria, nor does it imply Oracle will provide any resources to supplement the OPN member's deficiencies. However, due to Oracle's expansive portfolio, it is unrealistic to expect an OPN member to have earned Expertise in every Oracle technology.

Oracle makes it easy for c ustomers to search for and validate any OPN member's Expertise here:https://partner-finder.oracle.com/catalog/

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024
Each Expertise earned equates to a deep understanding of a specific Oracle technology. Therefore, customers can safely presume that OPN members with more Expertise across more Solution Areas have a broader and deeper knowledge across the Oracle portfolio than those with less.

Mythics’ product enabling and value-added services have been described in detail in our responses to requirement #72 where we describe the full line of products and services offered by supplier as well as our response to requirement #42 where we provide additional information on products and services Mythics proposes to enhance and add value to the Contract.

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

Requirement # 32. List and describe the Offeror's current number of OPN Resale Rights and Specializations, as well as any other relevant OPN qualifications.

Oracle replaced its legacy Partner Program with Oracle's Partner Expertise Program. Mythics has provided the itemized list of our 77 current number of OPN Resale Rights and Specialization, now referred to by Oracle as Sell and Service Expertise, below.

A summary of the Sell and Service Categories and Mythics’ total Expertise earned in these categories can be found immediately below:
• Mythics' Service Expertise: Implement or Manage Oracle Cloud: 19 Service Expertise • Mythics' Sell Expertise: Resell Oracle Cloud: 23 Sell Expertise • Mythics' Build, Sell, or Service Oracle License & Hardware Product s Expertise: 35 Sell and Service Expertise

Oracle makes it easy for customers to search for and validate any OPN member's Expertise here https://partner-finder.oracle.com/catalog/
Mythics' for Service Expertise: Implement or Manage Oracle Cloud: 19 Service Expertise

1. Oracle Cloud Platform (OCP) Application Development

2. CSSE: OCI Migration

3. CSPE: OCP - Oracle Database to Oracle Cloud

4. CSPE: OCP - Oracle E-Business Suite Applications to Oracle Cloud

5. CSPE: OCP - Dev Ops on Oracle Cloud

6. CSPE: OCP - Cloud Native Applications on Oracle Cloud

7. CSPE: OCP - OCP Security

8. CSPE: OCP - OCP Integration

9. CSPE: OCP - OCP Data Management

10. CSPE: OCP - OCP Business Analytics

11. CSPE: OCP - OCP Application Development

12. OCP Security

13. OCP Integration

14. OCP Data Management

15. OCP Business Analytics

16. Cloud Native Applications on Oracle Cloud

17. Oracle Database to Oracle Cloud

18. E-Business Suite Applications to Oracle Cloud

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

19. DevOps on Oracle Cloud

Mythics' Sell Expertise: Resell Oracle Cloud: 23 Sell Expertise

1. Oracle Cloud Platform

2. Textura Payment Management Cloud

3. Oracle Financial Services and Insurance Cloud

4. B2C Marketing

5. Oracle Aconex Cloud

6. Primavera Unifier Cloud

7. Oracle Communications Cloud

8. Oracle Utilities Customer Cloud Service

9. Life Sciences ClearTrial Cloud

10. Life Sciences Argus Cloud

11. Life Sciences Empirica Cloud

12. Food & Beverage

13. Primavera P6 EPPM and Primavera Cloud

14. Live Experience Cloud

15. Supply Chain & Manufacturing

16. Human Capital Management

17. Enterprise Resource Planning

18. Enterprise Performance Management

19. Service Cloud

20. Sales Automation

21. B2B Marketing

22. B2B/B2C Field Service

23. Configure, Price, Quote

Mythics' Build, Sell, or Service Oracle License & Hardware Products Expertise: 36 Sell and Service Expertise

1. MySQL 8

2. StorageTek Tape Storage

3. Documaker

4. Enterprise Communications

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

5. JD Edwards EnterpriseOne

6. CRM On Demand

7. E-Business Suite

8. Hyperion

9. Oracle Master Data Management

10. PeopleSoft

11. Siebel

12. Exadata Database Machine

13. Private Cloud Appliance

14. NAS Storage

15. Solaris

16. Oracle x86 Systems

17. Life Sciences Argus Safety Applications

18. Life Sciences Empirica Applications

19. Primavera P6 EPPM

20. Oracle Utilities

21. Primavera Unifier

22. Oracle Communications Signaling, Network Session Delivery and 5G Cloud Native Core

23. Zero Data Loss Recovery Appliance

24. Java SE Universal Subscription to Public Sector

25. SPARC Servers

26. Financial Services Core Banking

27. Financial Services Analytical Applications

28. E-Business Suite R12.1 Supply Chain Management

29. WebLogic Server 12c

30. SOA Suite 12c

31. Oracle Data Integrator 12c

32. Oracle BPM Suite 12c

33. Oracle Enterprise Manager 12c

34. Oracle Database

35. Hyperion Planning 11

36. Oracle Base Portfolio

Region 4 Education Service Center
RFP 24-02
Oracle Products and Services
06/13/2024

• Requirement #40. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors. • Requirement #68. Litigation, Bankruptcy or reorganization Describe any present or past litigation, bankruptcy or reorganization involving supplier.

Mythics personnel is unaware of any past litigation, bankruptcy, reorganization, or state investigations related to any current officers and/or directors of the Company.

Please see below for details on litigation and reorganization matters during the previous 10-years.

Mythics is not involved in any bankruptcy proceedings, nor has it been. On August 22, 2014, Mythics was named as a defendant in litigation brought by the State of Oregon and the Oregon Health I nsurance Corporation against Oracle America, Inc., several current or former Oracle employees, and Mythics (Case No.14C20043, filed in the Marion County, Oregon Circuit Court).

Mythics was named in only one of the fourteen claims filed in the case, which w as for Breach of Contract. No claims of fraud were made against Mythics. Mythics sole connection to the case was that Mythics fulfilled orders to the State as a reseller of Oracle products and services. Oracle provided all the products and services. Oregon and Oracle settled the case in 2016, and all payments to the State were made by Oracle.

On August 22, 2017, Mythics was named a defendant in the case captioned CB Richard Ellis of Virginia, Inc. vs. Mythics, Inc. filed in the Circuit Court of Virginia Beach as CL17-3965. An Order of Settlement was approved and issued by the Court, April 25, 2018, and the case was dismissed.

Emergent, LLC and Wilmington Trust, National Association, and EPlus Government, Inc. v.

United States of America. United States Court of Federal Claims. Case No. 21 -1360c. Judge Hertling. Emergent was party to the suit because it was the prime contractor for the contract in question. This matter was related to the financing of Primavera from Oracle. EPlus and Emergent have a business rel ationship in which Emergent has agreed to assist in collections of disputed amounts. A settlement was granted on November 9, 2022, and the matter was dismissed. Emergent, LLC is a wholly owned subsidiary of Mythics, LLC.

On October 2, 2023, Mythics filed a complaint with the United States District Court Southern District of Mississippi Northern Division, against the City of Jackson, Mississippi as Civil Action No. 3:23 -cv-2977-DPJ-FKB (Mythics, LLC (f/k/a Mythics, Inc.) v. The City of Jackson, Mississippi). The matter is a was filed under 28 U.S.C. § 1332 Diversity -Contract Dispute and is in the pre-trial and discovery stage.

In December 2022, Mythics, LLC (previously known as Mythics, Inc.) received a substantial equity investment from One Equity Partners ( “OEP”), a private equity firm focused on targeted investments in the technology, healthcare, and industrial sectors for over two decades.

Specifically, OEP has indirectly acquired a majority stake in the Company and its wholly -owned subsidiary, Emergent, LLC (the “Transaction”). As part of the investment, Mythics changed its domicile from Virginia to Delaware and converted from Mythics, Inc. to Mythics, LLC. This reorganization is not related to any bankruptcy or financial receivership but rather a busin ess

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acquisition. For more information, see the following press release: One Equity Partners, One Equity Partners Agrees to Make a Strategic Investment in Mythics Emergent Group, Leading IT Solutions Partner to the Public Sector (January 11, 2023), https://www.oneequity.com/news/newsarticle/5264.

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Oracle Products and Services
06/13/2024

Requirement #42. Value-Add
Mythics is much more than a simple Oracle fulfillment partner. Our entire business model focuses on selling Oracle technology and services to the public sector. Our existence depends on our ability to sustain and increase our Oracle competencies and maximize our customer's value in obtaining and using Oracle products. This commitment has propelled us to become the Oracle experts, enabling us to provide substantial value to both the contract itself and its users.

At Mythics, we recognize the impossibility of mastering every aspect of technology, which is why we've dedicated ourselves to specializing in Oracle, becoming unrivaled experts in the field. This commitment has led us to invest substantially in internal resources and offerings tailored to benefit our clients. The success of our expertise is vividly demonstrated by the remarkable growth seen in both revenue and the number of states and customers utilizing our existing Region 4 contract year after year.

Our portfolio of value-added resources and offerings, many of which come at no additional cost or deliver substantial cost savings, encompasses a range of services such as cloud migration assessments, license optimization analysis, patch management services, an asset management tool, Mythics License Orchestrator, and access to an Oracle ACE Director. Moreover, we provide ongoing support and guidance to ensure our clients effectively manage their Oracle investments, all aimed at delivering unparalleled value to our customers.

Mythics Cloud Migration Assessment
Evaluating and migrating to the cloud must be simple and provide clear business and technology advantages. To help ease the complex challenges our customers are facing, Mythics developed the Mythics Cloud Migration Platform (MCMP), which is a holistic, end -to-end O racle cloud assessment, procurement, migration & cloud spend control management platform.

Leveraging the proprietary MCMP, each customer begins by working one-on-one with a Mythics Cloud Expert who guides to guide you through the assessment process. We’ll securely collect and document your organization’s information, then deliver an actionable report with precise details for procurement, implementation and management. This report details everything a customer would need to evaluate, procure, & migrate to the new solution. Included within the FREE report, the client will receive an Oracle Cloud Infrastructure (OCI) estimate, migration estimate, sustainment estimate, cloud reference architecture, and project timeline. From there, we’ll connect you to our pro prietary Cloud Migration Platform, which gives you oversight of the execution of your specific plan.

Included in your FREE Cloud Migration Assessment are the following:
– Architectural diagram of your infrastructure
– Timeline for migration milestones
– Bill of materials
– Total cost
Mythics Pre-Sales Solution Architects and Engineers
When you are faced with new business needs or need additional knowledge and expertise to architect solutions in today’s complex IT environments, Mythics has highly qualified Solution

Region 4 Education Service Center
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Architects and Engineers, most with twenty plus years of experience and subject matter expertise across the Oracle solution portfolio, available to support you. Whether it’s hardware or software, cloud or on-premise, Mythics can help architect and design the right solution using the right Oracle Technology, Cloud, or Applications products and services to meet your objectives . We have both pre-sales or post -sales Mythics Solution Architects that are there to support the requirements gathering and solutioning and assist you in understanding the solution and how to get there.

Oracle ACE Director
Mythics employs an ACE Director, Mr. Erik Benner, whose expertise may be leveraged by our customers. T he Oracle ACE Program is “ a worldwide advocacy recognition prog ram which rewards and promotes individuals for their personal contributions to the Oracle community ”. In particular, Mr. Benner’s Oracle ACE Director designation signifies that he is an expert in Oracle technology. As Oracle defines it, “ Oracle ACE Directo rs are our top -tier community members who not only have a history of sharing their knowledge with the community, but who also participate in an ongoing dialog with Oracle to exchange ideas and provide product feedback.

Oracle ACE Directors are also known to their peers as experts and thought leaders in their areas of focus.”
ACE Directors are privileged to gain early access to many techniques through BETA programs and other channels. They collaborate directly with Oracle's product teams to understand and shape a product's trajectory. Mr. Benner has authored numerous books and is often invited to share his knowledge at conferences.

Mythics customers have access Mr. Benner as part of a sales and consulting engagements, including as a participant on an advisory council, as applicable.

Mythics Oracle Optimization Service - License and Migrations Analysts Engage our FREE Oracle Optimization Service if you have concerns or questions regarding Licensing, Compliance, or Support.

Mythics is widely recognized as the largest Oracle reseller in public sector, and experts in Oracle licensing, license management, and license migrations/upgrades/shelving. Mythics’ Oracle Optimization Services offer a comprehensive examination of your operational landscape compared to your contractual license ownership. Through innovative strategies, creative problem -solving, and unconventional approaches, our License Migration Specialists and License Analysts conduct thorough analyses to explore various options and identify the optimal solutions for our customers.

Our services encompass a spectrum of actions, including migrations, upgrades, shelving, and repurposing, all tailored to maximize return on investment (ROI). Throughout the process, we ensure that customers are fully informed about their Oracle footprint, empowering them to make informed decisions aligned with their business objectives.

Results from this service will allow you to license your environment in the best and most cost - effective manner and free up funds to reinvest in new Oracle licenses, services, Cloud, etc.

Mythics Modernization Services (Patch Management as a Service-PMaaS) In a world of cyber threats, strong patch management capabilities and the timely patching of systems is critical to ensure that your Oracle s ystems are as secure as possible. As technology continues to evolve, the need to ensure your company’s systems and technical environments are safe, secure, and up to date with the latest security requirements is of the utmost importance.

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Patching fixes mi stakes or errors in the code of our technology. Often this requires installing updates to fix the vulnerabilities, but managing this in a large organization can be difficult. Modern environments consist of many assets that require regular maintenance and patching updates. With that, Mythics created our Patch Management as a Service which is a subscription model that gives customers flexibility and assurance that their systems are updated. We plan patch application with you, and then work within your change management process (or provide our own) to apply patches at times that are convenient with you. During the process, we keep you up -to-date with the latest status and notifications through our portal, provide testing capabilities, and ensure that systems function properly. The portal allows our customers to easily engage to request new patching or view their patch management roadmap and plan. Progress is tracked and kept up to date in our portal, and notifications are proactively sent as we work through the patch plans and roadmaps.

This flexible service allows you to choose the support you need to fit your organization’s needs best. As part of the engagement, we will provide you with a change management plan and schedule that includes patching details, scope, deliverables, and execution plan.

Why leverage Mythics’ Modernization Services (PMaaS)?
▪ We get the patching done! No excuses!
▪ Sold as an easy to consume, fixed price subscription
▪ We use automation – apply patches the same way every time! ▪ Automation eliminates human error
▪ Automation tools are like robots: don’t lose focus, feel fatigue, have a bad day, or make mistakes
▪ We patch for lots of customers – so we’ve seen it all and can apply lessons learned! ▪ We have an audited Change Management process and can help you pass your audits and compliance requirements
Region 4 Support/AAR Reduction
On-premise Oracle support is calculated at 22% of net license fees for software support and 12% of net hardware fees for the first year. In subsequent years, Oracle Support Renewal pricing is set to increase per Oracle’s standard Annual Adjustment Rate (AAR) each year. Oracle’s current AAR is set at an 8% increase over prior year’s fees. Mythics sought and obtained approvals to set the AAR for support renewals purchased against the Region 4 contract at a 4% increase, for the term of the contract , should Mythics be an awardee. This is a great value add and considerable cost savings for Region 4 customers which should further drive business through this contract.

Mythics License Orchestrator - Asset Management Portal
Mythics can help customers optimize their assets by managing the deployment of Oracle technologies. We have developed a web -based platform called Mythics License Orchestrator (MLO) to manage, track, and report Oracle ass et inventories, spare pools, support contracts, and other user-defined Oracle asset management requirements. Upon request, Mythics can provide customers access to a private, customizable instance of MLO—the same web-based solution used by the United States Department of Homeland Security, the United States Air Force, the Defense Information Systems Agency, among many others— to manage their enterprise-wide procurement and deployment of Oracle software licenses, cloud subscriptions, support renewals and consulting services through a single, easy-to-use portal.

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Mythics Ongoing Consultation and Guidance Support
Since we employ so many certified staff, we have ample in -house resources and expertise to shorten the sales cycle to help the customer, Oracle, and Mythics reach their respective goals in less time. We provide ongoing consultation and support to help customers better:
• Manage their volume or enterprise license agreements. We assess previous, existing, and potential Oracle usage before any software, hardware, or cloud purchase and support renewal to make recommendations that optimize our customer's investment in Oracle. Especially in the case of cloud, we also analyze customers' spend on competing technologies to identify other potential savings and develop business cases to justify moving to the Oracle platform. • Leverage their existing and potential usage to maximize value and working with Oracle to obtain the best quote on high volume purchases. The key to obtaining better discounts is authoring better approvals for discounts that Oracle will likely consider. We have an entire team dedicated and experienced in authoring business cases and a long history of earning such approvals. VARs that do not have this capability simply cannot influence heavy Oracle discounts.
• Use historical purchase information to provide targeted assistance . As Mythics’ in the incumbent contractor, we have access to historical information, which is a significant benefit in providing targeted assistance.
• Realize investment’s full benefit through support, training, and professional services.

Because Oracle technology is so tightly integrated with our customer's missions and objectives, obtaining the right level of Oracle support and training is critical to their success.

We are also one of only six (6) OPN partners eligible to sell support to public sector customers.

This is why we have an entire team dedicated to meeting our customer's support and training requirements.
• Educate through Webinars, Events, and Blogs. We are constantly developing webinars promoting how to best utilize Oracle technologies.
• Determine the Best Use of Oracle Technologies. We see the distinct challenges and constraints put upon our public sector customers. We help them realize the benefits of applying Oracle technology to their unique IT requirements. • Understand their Oracle IT Asset Usage. We advise customers to maintain a complete list of all applications and programs in use (for those choosing to utilize M ythics’ License Orchestrator (MLO) , this functionality is built into the portal). We also recommend fully document the details of their hardware environment as changes to the environment could adversely impact licensing levels. For instance, common mistakes include installing unlicensed software or assuming Oracle has granted the re-distribution of licenses to another subordinate organization. For user-based licensing, we recommend having a process in place that accurately tracks users from the first time they access an Oracle-based system to the time they leave the organization.
• Implement IT Asset Tracking and Rev iew Processes. While our public sector customers have made significant strides and realized the tremendous cost benefits of strategic sourcing, they still struggle to manage their IT assets, specifically their Oracle portfolios. This is why

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we have developed our License Orchestrator tool for use as the backbone of our customers' Oracle IT Asset Management solutions.

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Case Studies Highlighting Mythics’ Value Add
Please see links below to case studies highlighting Mythics ’value.

California Department of Technology (CDT)

https://mythics.com/cases/california-cloud-case-study/

Georgia Governor's Office of Planning & Budget

https://mythics.com/cases/georgia-governors-office-client-spotlight/

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North Carolina General Assembly

https://mythics.com/cases/nc-general-assembly/

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Requirement # 49. Total number and location of salesperson employed by Supplier.

Please find below a detailed breakdown of the Technology and Support Sales, Presales and Professional Services, Operational Support, and Executive Management resources in each state.

More than 55% of our employees work remotely across 34 States.

Location
Technology
and Support
Sales
Presales and
Professional
Services
Operational
Support
Executive
Management
Total by
State
VA Beach (HQ) 63 4 50 13 130
AL 1 1
AR 1 1
AZ 1 1
CA 1 2 3
CO 1 2 3
CT 1 1 2
FL 1 6 4 1 12
GA 7 1 2 10
IL 10 1 1 12
IN 1 1
KS 1 1
LA 2 1 3
MA 3 1 4
MD 1 4 1 2 8
ME 1 1
MI 2 2
MN 1 1
MO 3 3
NC 2 8 7 17
NE 1 1
NH 2 1 3
NJ 4 1 5
NV 2 2

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Location
Technology
and Support
Sales
Presales and
Professional
Services
Operational
Support
Executive
Management
Total by
State
NY 2 2
OH 3 2 1 6
OK 1 1
PA 1 5 1 1 8
TN 3 1 1 5
TX 1 11 1 13
VA 4 19 13 8 44
VT 1 1
WA 2 2
Washington,
DC 3 1 4
WI 1 1
Total (314) 77 113 92 32 314

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Requirement #55. Diversity Programs
Please find an expanded list of Mythics top-tier diversity partners with whom we have collaborated on over 15 projects totaling over $34M in revenue.

Partner Name Business Status Competency
GNC Consulting Minority Owned E-Business Suite, Peoplesoft, Customer Experience, Taleo
QnA Technology Minority Owned; Small Business E-Business Suite, Higher Ed Astute Business
Solutions Minority Owned Peoplesoft, Fusion Human
Capital Management, Banner
Neoage Services Small Business E-Business Suite, Human Capital Management
Peer Consulting
Resources
Asian Pacific American Owned; Minority
Owned; Small Business; Small
Disadvantaged Business; Woman-Owned
Small Business
E-Business Suite, Primavera
Concept Plus Minority Owned
E-Business Suite, Human
Capital Management,
Customer Experience
Innofin Solutions Woman-Owned Small Business Hyperion Project Partners Minority Owned; Small Business Primavera, E-Business Suite Houston and Associates
African American / Black Owned Business;
Minority Owned; Small Business; Small
Disadvantaged Business; Woman-Owned
Small Business
Customer Experience
M&S Consulting
HUBZone Program; Minority Owned; Small
Business; Small Disadvantaged Business;
Woman-Owned Small Business
E-Business Suite, Customer
Relationship Management,
Human Capital Management,
Customer Experience
Seneca Holdings
8a Business Development Program;
HUBZone Program; Indian Tribe; Small
Business; Small Disadvantaged Business
E-Business Suite, Customer
Experience, Human Capital
Management, Customer
Relationship Management

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Oracle Products and Services
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Requirement #66. Contractor Relationships
List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority -owned standards. If any, list which certifications subcontractors hold and certifying agency.

Please find a list of Mythics top-tier partners with whom we have completed 50+ projects totaling over $114M+ in revenue, demonstrating our commitment to fostering long -term, mutually beneficial relationships.

Partner Name Business Status Competency
22 Century Technology Inc E-Business Suite
Ampliflex Inc Database
Apex IT
E-Business Suite, Human Capital
Management, Customer Relationship
Management, Customer Experience
APTONEK LLC Application Server
Astute-Business Solutions Minority Owned Peoplesoft, Fusion Human Capital Management, Banner
CampusWorks, Inc. Peoplesoft, Apex, Banner
Carahsoft Technologies
Corporation Distribution
Compasso E-Business Suite
Concept Plus Minority Owned E-Business Suite, Human Capital Management, Customer Experience
Creaol Consulting E-Business Suite, Peoplesoft, Human
Capital Management
Elire
E-Business Suite, Peoplesoft, Human
Capital Management, Supply Chain
Management
Enstoa E-Business Suite
Evosys
E-Business Suite, Human Capital
Management, Supply Chain
Management, Taleo
Full Scope Government
Solutions E-Business Suite, Human Capital
Management, Apex
GNC Consulting Minority Owned E-Business Suite, Peoplesoft, Customer Experience, Taleo
Gunnison Consulting (G2SF) Industry Apps
Heuristics Informatics Private
Limited E-Business Suite

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Partner Name Business Status Competency
Highstreet IT Solutions LLC E-Business Suite, Peoplesoft, Human Capital Management
Houston and Associates
African American / Black
Owned Business; Minority
Owned; Small Business;
Small Disadvantaged
Business; Woman-Owned
Small Business
Customer Experience
Huron E-Business Suite, Human Capital
Management, Taleo, Hyperion
Infosilem E-Business Suite
Innofin Solutions Woman-Owned Small
Business Hyperion
Inspirage E-Business Suite
Intercede, LTD E-Business Suite
JSM Security Consulting LLC Id Management
Kapstone Technologies, LLC E-Business Suite
M&S Consulting
HUBZone Program; Minority
Owned; Small Business;
Small Disadvantaged
Business; Woman-Owned
Small Business
E-Business Suite, Customer Relationship
Management, Human Capital
Management, Customer Experience
MIPRO Consulting Peoplesoft
mLogica E-Business Suite, Infrastructure as a
Service
Moser Consulting, Inc. Red Hat
Neoage Services Small Business E-Business Suite, Human Capital Management
Oracle Oracle Consulting Services
Peer Consulting Resources
Asian Pacific American
Owned; Minority Owned;
Small Business; Small
Disadvantaged Business;
Woman-Owned Small
Business
E-Business Suite, Primavera
Project Partners Minority Owned; Small
Business Primavera, E-Business Suite
QnA Technology Minority Owned; Small
Business E-Business Suite, Higher Ed

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Partner Name Business Status Competency
Samaratech LLC
E-Business Suite, Peoplesoft, Human
Capital Management, Supply Chain
Management
Seneca Holdings
8a Business Development
Program; HUBZone
Program; Indian Tribe;
Small Business; Small
Disadvantaged Business
E-Business Suite, Customer Experience,
Human Capital Management, Customer
Relationship Management
Sierra-Cedar Inc.

Peoplesoft, Database Cloud Service,
Customer Relationship Management,
Human Capital Management, Supply
Chain Management
TekStream Solutions
Database, Business Process
Management, Service Oriented
Architecture, Webcenter

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Requirement #78. 90-Day Plan
Please see table below for Mythics’ Ninety Day Master Agreement Implementation Plan. We will follow a contract rollout strategy like the one that led to the successful launch of the previous contract.

Tasks and Activities Participants Time Frame
(from award
date)
Final Negotiation and Contract Signature
• Review contract requirements
• Complete final contract negotiations
• Sign contract
• Mythics Advisory Board
• Region 4 ESC
• OMNIA Partners
Immediately upon
award
Create and Distribute Co-branded Press Release
• Internal Development
• Publish
• Mythics Advisory Board
• Region 4 ESC
• OMNIA Partners
Immediately after
contract signature
Executive Leadership Endorsement and Sponsorship
• Review expectations of the overall program
• Review and finalize Master Agreement Implementation
Plan
• Mythics Advisory Board
• Region 4 ESC
• OMNIA Partners
10 business days
Internal Endorsement and Sponsorship
Review expectations of the overall program:
• Advisory Board (Corporate commitments)
• Sales (Training, Customer Transition)
• Marketing (Website, Collateral)
• Contract Administration (Catalog Maintenance, Sales
Reporting, Fee Payment)
• Legal (Contract Adherence, Ethical Standards)
• Mythics Advisory Board
• Mythics PMO
15 business days
Kickoff Meeting • Mythics PMO
• OMNIA Partners
30 business days
Training and Education of National Sales Force
• Internal Training
• Joint Training
• Mythics PMO
• OMNIA Partners
15 business days
30 business days
Publish Website
• Mythics dedicated webpage
• OMNIA Partners dedicated page
• Mythics PMO
• OMNIA Partners
15 business days
30 business days
Publish Co-branded Marketing Materials
• Internal Development
• Publish to Websites
• Mythics PMO
• OMNIA Partners
15 business days
30 business days
Schedule Event Attendance and Participation
• Trade Shows and Conferences
• Meetings
• Mythics PMO
• OMNIA Partners
30 business days
Identify Top 10 Region Targets • Mythics PMO
• OMNIA Partners
45 business days
Contract Review I
• Marketing (Website, contract guide, collateral)
• Sales (Lead generation, quoting)
• Operations (Contract administration, order processing) • Mythics PMO
• OMNIA Partners
45 business days
Improvement Rollout I • Mythics PMO
• OMNIA Partners
45 business days
Contract Review II • Mythics PMO
• OMNIA Partners
90 business days
Improvement Rollout II • Mythics PMO
• OMNIA Partners
90 business days
Contract Reviews
• Topics TBD
• Mythics PMO
• OMNIA Partners
Quarterly

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Improvement Rollouts
• Initiatives TBD
• Mythics PMO
• OMNIA Partners
Quarterly

OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

Company Name _M__,y:...,_t_h _ic_s..:....., _L_LC _________________ _ Address 4525 Main St., Suite 1500
City/State/Zip Virginia Beach, VA 23462
Telephone No. 757-412-4362
Email Address [email protected]
Printed Name Deonte J. Watters
Title Vice President, Business Operations
Authorized signature
Accepted by Region 4 ESC:

Contract No. _R240202_
Initial Contract Term 1/1/2025 to 12/31/2027 ----------- Rio,:; 4 SC Authorized Board Member
kill/A 1?a11&'t1ttO
Print Name

Version March 19, 2024

Exhibit F
Federal Funds Certifications

FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT

TO WHOM IT MAY CONCERN:

Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.

DEFINITIONS
Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non –Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward

Contractor means an entity that receives a contract as defined in Contract.

Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass -through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302– 6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non –Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non– Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.

Federal awarding agency means the Federal agency that provides a Federal award directly to a non –Federal entity

Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non– Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability; or (2) The cost -reimbursement contract under the Federal Acquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract aw arded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.

Version March 19, 2024

Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.

Obligations means, when used in connection with a non –Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.

Pass-through entity means a non– Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

Recipient means a non– Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.

Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non –Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplifie d acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro- purchase.)

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means a non –Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.

The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204 -24 and FAR 52.204- 25, solicitations and resultant contracts shall contain the following provisions.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications -Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision—

Version March 19, 2024

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition appl ies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of thi s section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that — It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer . (i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Ent ity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

The f ollowing certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase r esulting from this procurement process. Pur suant to 2 C.F.R. § 20 0.326, all contracts, including sma ll purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determin ed by the Ci vilian Agency Acquisition Co uncil and the Defense Acquisition Re gulations Co uncil (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or leg al remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does offeror agree? YES Initials of A uthorized Representative of offeror

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any a greement in excess of $10,000 resulting from this procuremen t process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.

Does offeror agree? YES Initials of A uthorized Representative of offeror

(C) Equal Employment Opportunity. Except as otherwise pro vided under 41 CFR Part 60, all c ontracts that meet th e definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided und er 41 CFR 60- 1.4(b), in accordan ce with Exec utive Ord er 1124 6, “E qual E mployment Oppor tunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to E qual Employment Opportunity,” and implementing regula tions at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror

(D) Davis - Bacon Ac t, as ame nded ( 40 U.S.C. 3141-314 8). Wh en re quired by Feder al pr ogram legislation, all prim e construction contracts in exce ss of $2 ,000 awarded by non-Federal entities must include a pro vision for c ompliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “La bor Sta ndards Provisions Ap plicable to Contracts Covering Feder ally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay w ages to laborers and mechanics at a rate not less th an the prev ailing wag es specif ied in a wage determination made by the Secretary of La bor. In addition, contractors must be re quired to p ay wages not less than once a wee k. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a co ntract or s ubcontract must be co nditioned upon the acc eptance of the wage dete rmination. The non - Federal entity must report all suspected or report ed violations to the Federal awarding agency. The contracts must also include a pro vision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor re gulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or P ublic Work

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Financed in Whole or in Part by Loans or Gra nts from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Feder al Rule (D) ab ove, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.

Does offeror agree? YES Initials of Authorized Representative of offeror

(E) Contract Work Hours and Safety Sta ndards Act (40 U.S.C. 3701-370 8). Where applicable, all contracts awarded by the non-Federal entity in exce ss of $100 ,000 that invo lve the e mployment of me chanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess o f the standard work week is perm issible provided that the worker is co mpensated at a rate of not less than one and a h alf times the bas ic rate of p ay for all hours worked in excess of 40 hours in the work week. The requirements o f 40 U.S.C. 3704 are applicable to construction work and pro vide that no laborer or mechanic must be re quired to work in surroundings or under working conditions which are unsanitary, hazar dous or da ngerous. These re quirements do not a pply to the purchases o f s upplies or materials or articles ordinar i ly av ailable on the op en mark et, or contra cts for trans portation or transm ission of intelligence.

Pursuant to Feder al Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and S afety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.

Does offeror agree? YES Initials of Authorized Representative of offeror

(F) Rights to Inv entions Made Under a Contract or Agreement. If the Feder al award meets the definition of “fundin g agreement” under 37 CFR §401 .2 ( a) and the recip ient or s ubrecipient wish es to e nter into a c ontract with a sm all business firm or nonprofit organization regarding the s ubstitution of part ies, as signment or per formance o f experimental, dev elopmental, or resear ch work under that “ funding agre ement,” the recip ient or subrecipient mus t comply with the re quirements of 37 CFR Part 40 1, “Rights to Inv entions Made by N onprofit Organizations and Sm all Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does offeror agree? YES Initials of Authorized Representative of offeror

(G) Clean Air Act ( 42 U.S .C. 7401-767 1q.) and the Feder al Water Po llution Control Act ( 33 U.S .C. 1251-138 7), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 138 7). Violations must be re ported to the Feder al awarding agen cy and the Regional Office of the En vironmental Protection Agency (EPA)

In the e
vent Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member r esulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does offeror agree? YES Initials of Authorized Representative of offeror

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(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Exec utive Orders 12549 (3 CFR part 19 86 Comp., p. 18 9) an d 12689 (3 CFR part 19 89 Comp., p. 235), “Debarment and Suspen sion.” S AM Exclu sions c ontains the nam es of partie s debarred, suspe nded, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expend ed by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency.

Does offeror agree? YES Initials of Authorized Representative of offeror

(I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352)— Contractors that apply or b id for an award exceeding $100 ,000 must f ile the re quired certificati on. Each t ier certif ies to the t ier a bove that it will not and h as not used Feder al appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me mber of Congress, officer or e mployee of Congress, or an employee of a me mber of Congress in connection with obt aining any Fede ral contract, grant or any other awar d covered by 31 U.S.C. 1352. Each t ier must also disclose any l obbying with non-Federal funds that takes p lace in connection with obt aining any Feder al award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency r esulting fr om this procuremen t process, the offeror certifies that it is in compl iance with all app licable provisions of the Byrd A nti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attem pting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shal l certify and disclose accordingly.

Does offeror agree? YES Initials of Authorized Representative of offeror

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RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

When federal funds are expended by Participating Agency for any contract r esulting from this procuremen t process, offeror certifies that it will comply with the record r etention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as req uired by 2 CFR § 20 0.333 for a p eriod of three ye ars after gran tees or subgrantees submit final expend iture reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does offeror a gree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will com ply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

Does offeror agree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.

Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Additionally:

(1) The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK

CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.

Check for YES: 

OR

Certificate of Non-Com
pliance with 49 USC §5323(j)

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The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.

Check for YES: 

FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS

CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.

Check for YES: 

OR

Certificate of Non-Com pliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exc eption to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.

Check for YES: 

Does offeror agree? YES Initials of Authorized Representative of offeror

Offeror’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________

Printed Name and Title of Authorized Representative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________

CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336

Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are p ertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.

Does offeror a gree? YES Initials of Authorized Representative of offeror

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS

Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

Does offeror agree? YES Initials of Authorized Representative of offeror

COMMUNITY DEVELOPMENT BLOCK GRANTS

Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Offeror shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever Mythics, LLC
4525 Main St., Suite 1500, Virginia Beach, VA 23462
757-412-4362
757-412-1060
Deonte J. Watters, Vice President, Business Operations
[email protected]
05/31/2024

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is the more restrictive requirement. When using Federal Funding, Offeror shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.

Does offeror agree? YES Initials of Authorized Representative of offeror

Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Offeror’s Name:
____________________________________________________________________________________________

Address,
City, State, and Zip Code:
_____________________________________________________________________________

Phone
Number: ________________________________ F ax Number: ______________________________________

Printed Name and Title of Authorized Representative:
_____________________________________________________________________

Email Address:
____________________________________________________________________________________________

Signature
of Authorized Representative: ____________________________________Date: _____________________________

05/31/2024
[email protected]
Deonte J. Watters, Vice President, Business Operations
757-412-1060
757-412-4362
4525 Main St., Suite 1500, Virginia Beach, VA 23462
Mythics, LLC

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FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS

Awarded Supplier(s) (also referred to as Contractors) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA and Additional Federal Funding Special Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.

“Contract” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.

“Contractor” in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.

Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.

Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R.

Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.

Notice of Legal Matters Affecting the Federal Government In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

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2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

3) The Contractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.

Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV - 7 c. Applicable prevailing wage laws, regulations, and executive orders

Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.

Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses

1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.

1.1 Applicability

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This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.

1.2 Additional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG -funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY

When applicable:

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).

b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

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ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to

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which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT

a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

b. Applicability. The Davis -Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.

c. Requirements. If applicable, the non-federal entity must do the following:

i. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-

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3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non- federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for

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termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any

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moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).

b. Applicability. This requirement applies to “ funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251- 1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).

b. Applicability. This requirement applies to contracts awarded by a non- federal entity of

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amounts in excess of $150,000 under a federal grant.

c. Suggested Language. The following provides a sample contract clause.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

9. DEBARMENT AND SUSPENSION

a. Standard. Non- Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

c. Requirements.

i. These regulations restrict awards, subawards, and contracts with certain parties

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that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

SAM exclusions can be accessed at
www.sam.gov. See 2 C.F.R. § 180.530.

ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there i s a “covered transaction,” which is any non -procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non- procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients.

iii. Specifically, a covered transaction includes the following contracts for goods or services:

1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.

2. The contract requires the approval of FEMA, regardless of amount.

3. The contract is for federally-required audit services.

4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.

d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.

Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies

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available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT

a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.

FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

c. Suggested Language.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official
Name
and Title of Contractor’s Authorized Official
Date
Mythics, LLC
Deonte J. Watters, Vice President, Business Operations
05/31/2024

11. PROCUREMENT OF RECOVERED MATERIALS

a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.

b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.

c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

d. Suggested Language.

i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

ii. Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

12. DOMESTIC PREFERENCES FOR PROCUREMENTS

As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.

Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

13. ACCESS TO RECORDS

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a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018).

Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non- profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.

Access to Records. The following access to records requirements apply to this contract:

i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

14. CHANGES

a. Standard. To be eligible for FEMA assistance under the non- Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.

15. DHS SEAL, LOGO, AND FLAGS

a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

c. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

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a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.

b. Applicability. FEMA recommends that all non- Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.

c. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

17. NO OBLIGATION BY FEDERAL GOVERNMENT

a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.

b. Applicability. FEMA recommends that the non- Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

c. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729- 3733) which prohibits the submission of false or
f raudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

b. Applicability. FEMA recommends that the non- Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.

c. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”

d. In the event FTA or DOT funding is used by a Participating Public Agency, Contractor further acknowledges U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, and apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA

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under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.

Offeror’s Name
: ______________________________________________

Address, City, State, and Zip Code:
_____________________________________________________________________________

Phone Number: ________________________ Fax Number: ______________________________

Printed Name and Title of Authorized Representative:
____________________________________________________________

Email Address: _____________________________________________

Signature of Authorized Representative: ____________________________________

Date: ________________________________

Mythics, LLC
4525 Main St., Suite 1500, Virginia Beach, VA 23462
757-412-4362
757-412-1060
Deonte J. Watters, Vice President, Business Operations
[email protected]
05/31/2024

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Exhibit G
New Jersey Business Compliance

NEW JERSEY BUSINESS COMPLIANCE

Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.

DOC #1 Ownership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Disclosure of Investment Activities in Iran
DOC #7 Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus DOC #8 New Jersey Business Registration Certificate
DOC #9 EEOAA Evidence
DOC #10 MacBride Principals Form

New Jersey suppliers are required to comply with the following New Jersey statutes when applicable:

• all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2- 14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;

• Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;

• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and

• Bid and Performance Security, as required by the applicable municipal or state statutes.

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DOC
#1
S

TATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_____________________________________________________ O
rganization Address:_____________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
 The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address Mythics, LLC
4525 Main St., Suite 1500, Virginia Beach, VA 23462
Pegasus ME Buyer, Inc.
4525 Main St., Suite 1500, Virginia Beach, VA 23462

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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,

PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (P
rint): Title:

Signature: Date:

DOC #2
Deonte J. Watters
Vice President, Business Operations
06/11/2024
Refer to the Statement to Ownership Disclosure Attachment

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NO

N-COLLUSION AFFIDAVIT

STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:

The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.

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NON-COLLUSION AFFIDAVIT
State of Virginia
County of _________________ ss:

I, ________________________________ residing in ___________________________________ (name of affiant) (name of municipality)
I am ___________________________________
__ of the firm of _________________________
(title or position) (name of firm)
_____________________________________ the
bidder making this Proposal for the bid
entitl
ed ______________________________, and that I executed the said proposal with (title of bid proposal)
full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal
(name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.

I further warra
nt that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.
__________________
___________
Signature
__________________ _________________

(Type or print name of affiant under signature)
My Commission expires
_09/30/2027______________ (Seal)
Virginia Beach
Deonte J. Watters Virginia Beach
in the County of Virginia Beach_______ and State of _______Virginia______________of full age, being duly sworn according to law on my oath depose and say that:

Vice President, Business Operations Mythics, LLC
Region 4 Oracle Cooperative
OMNIA Region 4 Education Service Center
Mythics, LLC
Subscribed and sworn to
before me this day
June 11_______, 2___024_
_____________________________
Notary public of

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#3
AF

FIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
C
ompany Name:

Street:

City, State, Zip Code:

P
roposal Certification:

Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.

R
equired Affirmative Action Evidence:

Procurement, Professional & Service Contracts (Exhibit A) V
endors must submit with proposal:

1. A
photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR

2. A
photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;
OR

3. A
photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

P
ublic Work – Over $50,000 Total Project Cost:

A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.

B. A
pproved Federal or New Jersey Plan – certificate enclosed I
further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.

_______________________ _________________________________ Da te Authorized Signature and Title
Mythics, LLC
4525 Main St., Suite 1500
Virginia Beach, VA 23462
06/11/2024

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D
OC #3, continued
P
.L. 1995, c. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE

CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The c ontractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or s exual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non- discrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting office r advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of t he notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with t he applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27- 5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, colo r, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of an y recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel tes ting conforms with the principles of job- related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectio nal or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may b e re
quested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
____
____________________________________________
Signature of Procurement Agent

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#4
C. 2
71 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Polit ical Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006 -1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.

1. The disclosure is required for all contracts in excess of $17,500 that are not a warded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).

2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in a n ap
propriate computer file and be available for public access. The form is worded to accept this alternate submission.

The text should be amended if electronic submission will not be allowed.

3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file.

4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, an d
v
arious state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay- to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12 . They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district (s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as a n
e
-mail attachment, or provided as a printed document.

5. I
t is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit i
n its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006 -7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html ). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section i
s not applicable to Boards of Education.

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OC #4, continued
C. 2
71 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 ( N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
• a
ny State, county, or municipal committee of a political party • any legislative leadership committee*
• a
ny continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• i ndividuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

A
ny business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

T
he enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

T
he enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

T
he contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N .J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or
the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A -10.1) for the purpose of receiving contributions and making expenditures.”

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DO
C #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information
Vendor Name:

Address:

City: State: Zip:

The
undersigned being authorized to certify, hereby certifies that the submission provided herein represents comp
liance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_____________________
__ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$
 Check here if the information is continued on subsequent page(s) Mythics, LLC
4525 Main St., Suite 1500
Virginia Beach
VA
23462
Deonte J. Watters
Vice President, Business Operations
None

Version March 19, 2024
D
OC #4, continued
L
ist of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
C
ounty Name:

State: Governor, and Legislative Leadership Committees
Legislative District #s:

State Senator and two members of the General Assembly per district.

C
ounty:

Freeholders County Clerk Sheriff
{County Executive} Surrogate
M
unicipalities (Mayor and members of governing body, regardless of title):

USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD

FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.

Version March 19, 2024
DOC
#5
S

TOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
S
ign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address:

Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn befor e me this _11th__ day of
_June__________, 2024__.
(Notary Public)
My Commission expires: 09/30/2027
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
Pegasus ME Buyer, Inc.
4525 Main St., Suite 1500
Virginia Beach, VA 23462

Version March 19, 2024

DOC #6

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE: ______________________________________________________________________ VENDOR NAME: ____________________________________________________________________________________

Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran.

The Chapter 25 list is found on the Division’s websit e at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders mus t review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities

Duration of Engagement
Anticipated Cessation Date
*Attach Additional Sheets If Necessary.

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

____________________________________ ________________________________ Signature Date

_____________________________________________________
Print Name and Title

DPP Rev. 12.13.2021

CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.

OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.

________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Mythics, LLC
RFP # 24-02 Oracle Products and Services
05/31/2024
Deonte J. Watters, Vice President, Business Operations

Version March 19, 2024

DOC #7

CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS

Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or rene w a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, t
he undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:

(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR

B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR

C.

That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the V endor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.

(Attach Additional Sheets If
Necessary.)

Signature of Vendor’s Authorized Representative Date
Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN Vendor’s Name Vendor’s Phone Number
Vendor’s Address (Street Address) Vendor’s Fax Number
Vendor’s Address (City/State/Zip Code) Vendor’s Email Address

i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liabili ty company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) An y parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2). NJ Rev. 1.22.2024 Deonte J. Watters, Vice President, Business Operations
54-1987871
Mythics, LLC
05/31/2024
4525 Main St., Suite 1500
Virginia Beach, VA 23462
757-412-4362
757-412-1060
[email protected]

Version March 19, 2024

DOC #8

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)

Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract.

https://www.njportal.com/DOR/BusinessRegistration/

DOC #9

EEOAA EVIDENCE

Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects

EEO/AA Evidence

Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.

One of the following must be included with submission:

• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report

See the guidelines at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf for further information.

I certify that my bid package includes the required evidence per the above list and State website.

Name: ______________________________ Title: _____________________

Signature: ___________________________ Date: _____________________

Vice President, Business Operations
Deonte J. Watters
05/31/2024

Version March 19, 2024

DOC #10

MACBRIDE-PRINCIPLES

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE
AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE: __________________________________________________________

VENDOR NAME: _______________________________________________________________________

Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder is required to provide a certification in compliance with the MacBride Principles and Northern Ireland Act of 1989. Pursuant to N.J.S.A. 52:34-12.2, Vendor/Bidder must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/ Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principles that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:

CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordanc e with the MacBride principles of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles.

CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date
Print Name and Title

DPP Rev. 12.13.2021

RFP # 24-02 Oracle Products and Services
Mythics, LLC
Deonte J. Watters, Vice President, Business Operations
05/31/2024

12320 Oracle Blvd
Colorado Springs, CO 80921
June 12, 2024
Subject: Request for Proposal by Region 4 Education Service Center for Oracle Products and Services, Solicitation Number 24-02

DELIVERED VIA EMAIL
To Whom It May Concern:

This letter is to confirm that, as of the date of this letter, Mythics LLC is a member of the Oracle Partner Network (OPN) in good standing. Mythics, LLC has executed:
• Master Distribution Agreement
• Full Use Distribution Addendum
• Public Sector Addendum
• Cloud Services Distribution Addendum (CSDA)
• Public Sector Attachment to the CSDA
• Public Sector Support Renewal Schedule
Mythics. LLC has been granted conditional approvals to create a contract for distribution of Oracle products and technical support services.

If you have any questions, please feel free to contact me at 571-214-0072.

Sincerely,
Sara Duncan
Senior Government Resell Programs Manager
NACI Government, Alliances & Channels
[email protected]

Mythics Professional Services
And
Mythics Modernization Services
Terms and Conditions

*NOTE: The terms and conditions contained herein shall only apply to any member and participating entity of the Region 4 Education Service Center (ESC) Oracle Products and Services Cooperative who is procuring professional or modernization services from Mythics, LLC. Nothing in these terms shall apply to any member or participating entity who is ordering Oracle products. The terms and conditions contained herein shall not apply to Region 4 ESC, unless Region 4 ESC is purchasing the professional or modernization services from Mythics, LLC.

Article I – Services

1. Statements of Work. Subject to the terms and conditions of this Agreement, Mythics shall perform the services and/or provide the deliverables specified in one or more Statements of Work that Mythics a nd Client may enter into from time to time during the Term (each a “Statement of Work” or “SOW”). Each Statement of Work shall specify:
a. the professional services Mythics will provide to the Client under such Statement of Work (the “Services”);
b. the components of the Client Systems for which Mythics will provide such Services, (Mythics -Managed Systems);
c. the deliverables (if any) that Mythics will provide in connection with such Services; d. the fees and costs for Mythics’ provision of such Services; and e. such other elements as the Parties determine are necessary or advisable for purposes of the Statement of Work.

2. Binding Nature of Statements of Work. No Statement of Work shall be effective unless and until executed by both Mythics and the Client. Each fully executed Statement of Work shall be incorporated into this Agreement and subject to its terms and conditions for all purposes. Any executed Statement(s) of Work shall be numbered (or otherwise uniquely identified) and attached to this Agreement.

3. Remote De livery. Unless otherwise provided in the applicable Statement of Work, Mythics shall provide the Services via a remote delivery model, and Mythics’ personnel will not physically be located on premises controlled by the Client or its Third-Party vendors.

4. Service Recipients. The Services to be provided by Mythics, as detailed in the applicable Statement of Work, shall be exclusively received by and for the internal use of the Client.

Under limited circumstances, Affiliates of Client shall also be entitled to receive the Services, provided (i) that the applicable Statement of Work identifies the Client Affiliate(s) who will benefit from the Services; (ii) that each such Affiliate shall be bound by all obligations contained in the applicable Statemen t of Work, as though they were the Client; and (iii) that the Client remains fully liable and responsible for the acts or omissions of such Affiliates, to the same extent as if the Client itself had committed the act or made the omission under this Agreement.

There shall be no Third-Party Beneficiaries to the terms and conditions of this Agreement, or the Services outlined in the applicable Statement of Work.

5. Non-Transferability. All Services are intended for the Client named and identified in the Statement of Work and shall not be transferred for the benefit of another Party, either in totality or in part.

6. Excluded Services. The Client is not entitled to any services or work by Mythics under this Agreement other than the Services identified in the applicable Statement of Work. By way of example and not limitation, Mythics shall not be responsible for the work outlined in the Excluded Services section of the Statement of Work, unless expressly agreed to in the applicable Statement of Work or via a fu lly executed and incorporated Change Order.

Article II – Personnel

1. Selection or Removal of Personnel. Mythics shall control the composition of the personnel team that perform Services under this Agreement, and the Client is not entitled to select specific individuals to perform Services, or to specify that individuals within particular labor categories perform particular Services. Notwithstanding the previous sentence, the Client shall be entitled, for cause, to object individuals assigned to its account an d, on good cause shown, Mythics shall remove such individual and assign a new team member in the removed individual’s place.

2. Non-Discrimination. Mythics shall not discriminate against any employee or applicant for employment based upon sex, race, national origin, religion, color, pregnancy, ancestry, age, marital status, veteran status, medical condition or disability, or any other legally protected basis. Mythics shall not discriminate on such bases in any terms and conditions of employment, including, but not limited to, hiring, employment, promotion, demotion or transfer, recruitment, advertising, lay-off, termination, rates of pay or other compensation, and selection for training, including apprenticeship.

3. Background Checks. Mythics complies with laws and regulations pertaining to permitted criminal and other background investigations and screening (collectively, “background screening”) and the permitted uses of the findings of such background screening. Mythics may itself conduct pre-hiring background screening with respect to certain employment positions. If the Client requires background screening of Mythics’ employees or subcontractors, for whom such requested background screening has not already been performed by Mythics, Mythics will conduct such background screening (consistent with applicable law) and the costs of such screening shall constitute Reimbursable Expenses. Mythics will provide the results of the background screening to Client, if requested and if permitted by applicable law. Mythics will not include on the Client’s account individuals who have not passed background screening requirements appropriate for the position at issue.

4. Drug Screening. Mythics’ personnel are all subject to Drug Screening at the time of hire and/or as may be required to enforce its Drug Free Workplace policy. Mythics adheres to the then current standards for Department of Transportation drug testing. Should additional drug screening be required as part of the Statement of Work, Client shall provide such requirements to Mythics prior to the execution of the Statement of Work and Client shall be responsible for the costs associated with any additional drug screenings.

5. Non-Solicitation. To the fullest extent permitted by law, it is expressly agreed that neither Part y will directly solicit, hire, consult, or otherwise contract with any employee(s) of the other Party who are associated with the investigation / marketing efforts and subsequent proposals, and/or contract/subcontract efforts called for under this Agreement during the course of this Agreement and for a period of one (1) year thereafter without prior written consent of the other Party. This shall not prohibit one Party from hiring any employee of the other Party who responds to (i) routine employment solicitations, or open house or job fair events, (ii) widely distributed announcements of job openings or (iii) an employee search firm acting on such party’s behalf, so long as the party did not direct or encourage such firm to solicit employees of the other par ty.

6. Subcontractors. Mythics may utilize subcontractors in the performance of Services. Any subcontractors will be bound by confidentiality obligations no less restrictive than those contained herein. Mythics shall remain responsible for the performance of the Services under the applicable Statement of Work, as well as any subcontractors performing the Services on Mythics’ behalf.

Article III – Compensation

1. Fees. The Client shall pay to Mythics the fees specified in each Statement of work (collectively, “ Fees”).

2. Invoices. Unless otherwise specified in a Statement of Work, Mythics shall submit invoices for Fees on a monthly basis, and each invoice shall include the applicable Statement of Work number, the nature of the Services provided, and the period of covered by the invoice. Invoices for Hourly Fees shall include time sheets specifying daily hours for each week, and Mythics shall associate invoiced hours with t he tasks specified in the applicable Statement of Work.

3. Payment Terms. Unless otherwise specified in a Statement of Work, all payments from Client to Mythics are due in full within thirty (30) days after receipt of a valid invoice. If Client wishes to disp ute any invoice or portion of any invoice, the Client must notify Mythics in writing within thirty (30) calendar days of receipt of Mythics’ invoice, and the written notice must contain (i) the amount disputed, and (ii) sufficient explanation as to the reason for disputing the invoice, such as to allow Mythics to provide a response to the dispute or to correct any issues in a timely fashion. The Parties shall negotiate in good faith to resolve any disputed invoices or portions thereof in an expeditious manner. Any portion of an invoice that is not disputed shall be paid in full in accordance with the terms herein. If any portion of a bill has not been paid, except for items disputed by the Client, within the sixty (60) day period, interest at the rate of 6% per annum, compounded monthly, of all owed amounts, shall automatically be added to the amount owed. If any balance remains outstanding seventy - five (75) days following the date of the invoice, Mythics may terminate this Agreement or any portion thereof.

Termination of this Agreement or any portion thereof pursuant to this provision shall not release Client from any of its obligations hereunder. If it becomes necessary for Mythics to pursue any debts owed, Mythics shall be entitled to the recovery of any costs related to collections efforts on any outstanding debts; including, but not limited to, collections fees, legal costs, reasonable attorney’s fees, court costs, and any costs associated with enforcing a judgement.

Client shall confirm via telephone conversation with the appropriate accounts receivable point of contact any changes to routing, banking or other payment-related information. Client shall be solely responsible for ensuring all payments are received by Mythics as required herein.

All payment or invoice inquiries should be directed to the following points of contact:

Mythics, LLC
Accounts Receivable
4525 Main Street, Suite 1500
Virginia Beach, Virginia 23462
Attn: Accounts Receivable
Telephone: 757-412-4362
Facsimile: 757-963-6198
Email: [email protected]
Client Name
Accounts Payable
Street Address
City, State ZIP
Attn:

Telephone:

Facsimile:

Email:

Article IV – Confidentiality, Indemnity and Limitation of Liability

1. Confidentiality. In performing consulting services under this Agreement, Mythics may be exposed to and will be required to use certain “Confidential Information” (as hereinafter defined) of the Client. Mythics agrees that Mythics will not, and Mythics’ employees, agents or representatives will not, use, directly or indirectly, such Confidential Information for the benefit of any person, entity or organization other than the Client, or disclose such Confidential Information without the written authorization of the President of the Client, either during or after the term of this Agreement, for as long as such information retains the characteristics of Confidential Information.

“Confidential Information” means information, not generally known, and proprietary to the Client or to a third party for whom the Client is performing work, including, without limitation, information concerning any patents or trade secrets, confidential or secret designs, processes, formulae, source codes, plans, devices or material, research and development, proprietary software, analysis, techniques, materials or designs (whether or not patented or patentable), directly or indirectly useful in any aspect of the business of the Client, any vendor names, client and supplier lists, databases, management systems and sales and marketing plans of the Client, any confidential secret development or research work of the Client, or any other confidential information or proprietary aspects of the business of the Client. All information which Mythics acquires or becomes acquainted with during the period of this Agreement, whether developed by Mythics or by others, which Mythics has a reasonable basis to believe to be Confidential Information, or which is treated by the Client as being Confidential Information, shall be presumed to be Confidential Information.

2. Indemnification. Mythics covenants to fully indemnify, save and hold harmless Client, its officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims, demands and actions brought by a third party of any kind on account of 1) personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or 2) property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with services or products provided by Mythics under this agreement which may be attributed to neglige nce or willful misconduct by Mythics.

In the event an indemnifiable event arises, the Indemnitee shall do the following:
a. Notifies Mythics promptly in writing, as soon as practicable, but not later than 30 days after the Indemnitee receives notice the claim, (or sooner if required by applicable law); b. gives the Mythics sole control of the defense and any settlement negotiations; and c. gives the Mythics the information, authority, and assistance the Provider needs to defend against or settle the claim.

If the aforementioned requirements are not met, and such action or inaction on the part of the Indemnitee unreasonably hinders or harms Mythics’ ability to adequately defend against such claims, Mythics shall be alleviated from its indemnification obligations and the Indemnitee(s) shall have waived there right to seek such Indemnification. Client may, at any time and for any reason, elect to retain counsel and participate in the defense at its own expense.

3. Intellectual Property Indemnification. If a third party makes a claim against you (“Recipient”), that any information, design, specification, instruction, software, data, or material (“Material”) furnished by Mythics (“Provider”), and used by the Recipient infringes its intellectual property rights, the Provide r, at its sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider if the Recipient does the following:
a. Notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice the claim, (or sooner if required by applicable law);
b. gives the Provider sole control of the defense and any settlement negotiations; and c. gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim.

If the Provider believes or it is determined that any of the Material may have violated a third party’s inte llectual property rights, the Provider may choose to either modify the Material to be non -infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any fees the Recipient may have paid to the other party for it and any unused, prepaid technical support fees you have paid for the license. The Provider will not indemnify the Recipient if the Recipient alters the

Material or uses it outside the scope of use identified in the Provider's user documentation or if the Recipient uses a version of the Materials which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material which was provided to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by the Provider. Mythics will not indemnify you to the extent that an infringement claim is based upon the combination of any Material with any products or services not provided by Mythics. Mythics will not indemnify you for infringement caused by your actions against any third party if the program(s) as delivered to you and used in accordance with the terms of this agreement would not otherwise infringe any third-party intellectual property rights. Mythics will not indemnify you for any claim that is based on: (1) a patent that you were made aware of prior to the effective date of this agreement (pursuant to a claim, demand or notice); or (2) your actions prior to the effective date of this agreement. This section provides the parties' exclusive remedy for any infringement claims or damages.

4. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INC LUDING, WITHOUT

LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, DATA, USE, OR SAVINGS) INCURRED BY

EITHER PARTY, OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT , TORT, OR

OTHERWISE, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A VIOLATION OF THE CONFIDENTIAL INFORMATION SECTION BELOW, MYTHICS’ TOTAL LIABILITY UNDER THIS AGREEMENT, FOR ANY CAUSE OF ACTION

WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT UNDER THE APPLICABLE STATEMENT OF WORK FROM WHICH SUCH LIABILITY ARISES.

Article V – Representations and Warranty

1. Representations. Mythics hereby represents it is a business appropriately registered and in good standing in the applicable jurisdiction and has not been disbarred, recommended for disbarment or otherwise subject to any disciplinary action that would prevent Mythics from fulfilling its obligations under this Agreement. Mythics has also not previously assumed any obligation(s) inconsistent with those undertaken by My thics pursuant to this Agreement.

2. Warranty. In rendering services under this Agreement, Mythics’ work shall be performed in a good and workmanlike manner by fully qualified personnel, in conformance with the applicable Statement of Work, and in accordance with generally accepted industry standards. Any deliverables shall conform in material respect to the applicable Statement of Work, and deliverables shall not knowingly contain viruses, worms, trojan horses, or other destructive or malicious devices or codes. Mythics shall not use time, materials, or equipment of the Client without the prior written consent of the Client. For the avoidance of doubt, a fully executed Statement of Work shall constitute the necessary consent of the client to use time, materials or equipment of the Client in accordance with the applicable Statement of Work.

THIS WARRANTY IS EXCLUSIVE AND MYTHICS MAKES NO WARRANTIES (AND EXPRESSLY DISCLAIM

ANY AND ALL SUCH WARRANTIES), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,

INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THE WARRANTY, CLIENT’S EXCLUSIVE

REMEDY, AND MYTHICS ENTIRE LIABILITY, SHALL BE THE RE -PERFORMANCE OF THE DEFICIENT

SERVICES, OR IF MYTHICS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY

REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO MYTHICS FOR THE DEFICIENT SERVICES.

Article VI – Performance Conditions

1. Client Obligations. In order to deliver the Services in accordance with the applicable Statement of Work, Mythics necessarily relies on the client for full and timely cooperation, support and information. As such, this section sets forth the Client’s obligations in that regard. Additional obligations may be identified in the applicable Statement of Work, if deemed necessary or appropriate by Mythics. Any failure by Client to fulfill the obligations

set forth in this provision may result in the need for a Change Order, due to increased co st or time necessary to perform the Services in the applicable Statement of Work, or as provided for in the terms of this Agreement, termination of the Services.
a. Client shall be responsible for the cost of obtaining any necessary background checks or clea rances for Mythics personnel.
b. Client shall provide Mythics access to the business, client, and technical information and facilities necessary to perform its contractual obligations.
c. Client shall be responsible for coordinating with other organizations, con tractors, and/or Third-Party Vendors to obtain any necessary information in a commercially reasonable time in order to prevent delays in Mythics’ performance.
d. Client shall ensure appropriate personnel are available in a timely manner to meet with Mythics, as necessary, to allow Services to be performed in accordance with the applicable Statement of Work or to address any matters of concern.
e. Unless otherwise addressed in the Statement of Work, Client shall ensure that all relevant in scope Client Systems are up to date with patching and are on the most recent patching cycle at the time of project commencement.
f. Client shall allow Mythics to install and have full access to the Client Systems’ tools necessary for fulfillment of the Services.
g. Client shall provide Mythics with the IT resources necessary to install, configure, and run the automation tools necessary to perform the Services.
h. Client shall provide Mythics with detailed and current change management policies and procedures, in a commercially reasonable amount of time prior to the commencement of any Services, to allow for full review and compliance.
i. Client shall be responsible for all negotiations with hardware, software, or other vendors, or any other contractual relationship between the Client and Third Parties. Mythics, at the request of Client, may provide suggestions regarding optimal product or vendor selection. j. Client shall, during the term of this agreement, be responsible for Client IT infrastructure, including its physical hardware, network connectivity, and on-premises and cloud based environments, and shall ensure that equipment within the Client IT infrastructure (i) originates from an authorized source, and is not counterfeit or otherwise adulterated; (ii) is supported by the Third Party ven dor of such equipment; (iii) is stored and maintained in an appropriate physical location that meets such vendor’s guidelines; and (iv) remains free from environmental influences and conditions that may hinder or impair performance. k. Client shall, during the term of this Agreement, ensure that Client Software (i) originates from an authorized source and is not counterfeit or otherwise adulterated; (ii) is properly licensed or the subject of a current subscription agreement; and (iii) remains supported by its vendor and has not been deprecated. l. Client shall ensure that the Client Systems are protected by information security controls consistent with good practice and applicable law, including (i) a licensed, up to date and vendor supported (a) server based antivirus solution that covers servers, desktops, notebooks/laptops, email and all other relevant components of the Client Systems; (b) server based backup solution that can be monitored and that will send notifications on job failures and successes; and (c) hardware firewall between the Client’s internal network and the Internet; (ii) secure encryption of wireless data traffic in the Client environment; and (iii) other requisite physical, technical and administrative controls. m. Client shall, in accordance with good practice, maintain requisite Client IT Services other than those provided by Mythics in connection with the Services detailed in the Statement of Work.