MAS - Dell Federal Systems L.P - 47QTCA22D003G

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AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST

Special Item 33411 Purchase of New Electronic Equipment Special Item 54151 Software Maintenance Services Special Item 54151ECOM Electronic Commerce and Subscription Services Special Item 54151S Information Technology Professional Services Special Item 511210 Software Licenses Special Item 518210C Cloud and Cloud-Related IT Professional Services Special Item 532420L Leasing of New Electronic Equipment Special Item 811212 Maintenance of Equipment, Repair Services and/or Repair Parts/Spare Parts Special Item ANCILLARY Ancillary Supplies or Services Special Item NEW Introduction of New Supplies and Services Special Item OLM Order Level Materials

SIN 33411 - PURCHASE OF NEW ELECTRONIC EQUIPMENT

PSC Code 7010 - SYSTEM CONFIGURATION End User Computers/Desktop Computers Professional Workstations Servers Laptop/Portable/Notebook Computers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Equipment, Not Elsewhere Classified

SIN 54151 - SOFTWARE MAINTENANCE SERVICES

PCS Code J070 SOFTWARE MAINTENANCE SERVICES Software maintenance services creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance services includes person-to-person communications regardless of the medium used to communicate: telephone support, online technical support, customized support, and/or technical expertise which are charged commercially.

SIN 54151ECOM - ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES

Electronic Commerce and Subscription Services Includes value added network services, e-mail services, Internet access services, electronic subscription services, data transmission services, and emerging electronic commerce technologies.

SIN 54154S - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

PSC Code D399 - OTHER INFORMATION TECHNOLOGY SERVICES, NOT ELSEWHERE CLASSIFIED IT Professional Services and/or labor categories for database planning and design; systems analysis, integration, and design; programming, conversion and implementation support; network services, data/records management, and testing.

Note1: IT professional services may only be resold in direct support of products that are authorized to be sold via the schedule contract.

Note 2: Contractor shall not provide services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services.

FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

SIN 511210 - SOFTWARE LICENSES

Includes both term and perpetual software licenses, and maintenance.

PSC Code 7030 - INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System; Application; Electronic Commerce (EC); Utility; Communications;

Core Financial Management; Ancillary Financial Systems; and Special Physical, Visual, Speech, and Hearing Aid Software Microcomputers

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Operating System; Application; Electronic Commerce (EC); Utility; Communications; Core Financial Management;

Ancillary Financial Systems; and Special Physical, Visual, Speech, and Hearing Aid Software

SIN 518210C - CLOUD AND CLOUD-RELATED IT PROFESSIONAL SERVICES

PSC Code D305 – ADP TELEPROCESSING AND TIMESHARING SERVICES Includes commercially available cloud computing services such as Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) and emerging cloud services. IT professional services that are focused on providing the types of services that support the Government’s adoption of, migration to, or governance/management of Cloud computing. Specific labor categories and/or fixed price solutions (e.g. migration services, etc.) that support activities associated with assessing Cloud solutions, refactoring workloads for Cloud solutions, migrating legacy or other systems to Cloud solutions, providing management/governance of Cloud solutions, DevOps, developing cloud native applications or other Cloud oriented activities.

SIN 532420L - LEASING OF NEW ELECTRONIC EQUIPMENT

PSC Code W070 – LEASE-RENT OF ADP EQUIPMENT AND SUPPLIES

SIN 811212 - MAINTENANCE OF EQUIPMENT, REPAIR SERVICES, AND/OR REPAIR PARTS/SPARE PARTS PSC Code J070 - MAINTENANCE AND REPAIR SERVICE) (REPAIR PARTS/SPARE PARTS - SEE FSC CLASS

FOR BASIC EQUIPMENT)

Maintenance Service, Repair Service, Third Party Maintenance Repair Parts/Spare Parts

SIN ANCILLARY - ANCILLARY SUPPLIES OR SERVICES

Ancillary supplies and/or services are support supplies and/or services which are not within the scope of any other SIN on this Contract. Ancillary supplies and/or services shall not be the primary purpose of the work ordered but be an integral part of the total solution offered. Ancillary supplies and/or services may only be ordered in conjunction with or in support of supplies or services purchased under another SIN(s) in this Contract.

SIN NEW - INTRODUCTION OF NEW SUPPLIES AND SERVICES

Includes the introduction of new supplies, technology and services categorically related to items already on GSA contract, which may be in commercial development and/or not yet introduced to the federal government.

SIN OLM - ORDER-LEVEL MATERIALS (OLM)

OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Schedule contract or BPA. OLM pricing is not established at the Schedule contract or BPA level, but at the order level. Since OLMs are identified and acquired at the order level, the ordering contracting officer (OCO) is responsible for making a fair and reasonable price determination for all OLMs.

Order-Level Materials (OLMs) are supplies and/or services acquired in direct support of an individual task or delivery order under the contract. OLMs are not defined, priced, or awarded at the contract level.

Dell Federal Systems L.P.

Federal Government Solutions

One Dell Way Round Rock, Texas 78682

1-855-860-9606 Internet Address: www.delltechnologies.com/federal

Solicitation #47QSMD20R0001

Refresh 0029 Contract Number: 47QTCA22D003G

Contract Period: 20 January 2022 – 19 January 2027 (Base) Contract End Date: 19 January 2042

General Services Administration Federal Acquisition Service http://www.delltechnologies.com/federal

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TABLE OF CONTENTS

Information for Ordering Activities Applicable to all Special Item Numbers 4 Terms and Conditions Applicable to Purchasing of New Electronic Equipment (SIN 33411) 13 Terms and Conditions Applicable to Software Maintenance Services (SIN 54151) and Software Licenses

(SIN 511210)

Terms and Conditions Applicable to Electronic Commerce and Subscription Services (SIN 54151ECOM) 21 Terms and Conditions Applicable to Information Technology Professional Services (SIN 54151S) 26 Terms and Conditions Applicable to Cloud and Cloud-Related Professional Services (SIN 518210C) 34 Terms and Conditions Applicable to Leasing of New Electronic Equipment (SIN 532420L) 48 Terms and Conditions Applicable to Maintenance of Equipment, Repair Services and/or Repair/Spare Parts (SIN 811212)

Terms and Conditions Applicable to Ancillary Supplies and Services (SIN ANCILLARLY) 59 Terms and Conditions Applicable to Introduction of New Supplies and Services (SIN NEW) 60 Terms and Conditions Applicable to Order Level Materials (SIN OLM) 63 Country of Origin / Warranty Codes 65 USA Commitment to Promote Small Business Participation Procurement Programs 66 BPA Sample 67 Teaming Agreement 70 Appendix A Product, Software, and Services Price List 71 Schedule A Customer Master Services Addendum 110 Schedule B Optional Supplemental Lease Terms 112 Schedule C Dell Technologies Inc. Commercial and Public Sector Warranties 115 Schedule D Supplementary Terms for Infrastructure Products 116 Schedule E Optional Supplemental PCaaS Terms 123 Schedule F Information Technology Learning Course Offerings and Services Descriptions 126 Schedule G Cloud Services Offerings Schedule 128 Schedule G – Exhibit 1 Acceptable Use Policy 135 Schedule G – Exhibit 2 Data Processing Addendum 137 Schedule G – Exhibit 3 Information Security Measures Addendum 141

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The internet address for GSA Advantage!® is: GSAAdvantage.gov. Please note that certain Dell services may not be available on Advantage due to its limitations.

For information regarding Dell’s GSA products and pricing please reach out to your Dell Sales Representative. On the Dell Federal Home Page is a tool to identify Dell Sales Representatives responsible for individual Federal Agencies. If you know the name of your Sales Representative, address your Internet mail message to:

firstname_lastname@federal.dell.com

Appendix A provides Dell’s Multiple Award Schedule (“MAS”) Contract price list.

mailto:firstname_lastname@federal.dell.com

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INFORMATION FOR ORDERING ACTIVITIES

SPECIAL NOTICE TO AGENCIES:

Small Business Participation. SBA strongly supports the participation of small business concerns in GSA’s Multiple Award Schedule (hereinafter “MAS”) Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Multiple Award Schedule, and to report accomplishments against these goals.

For orders exceeding the micro-purchase threshold, FAR 8.404 requires agencies to consider the catalogs/price lists of at least three Schedule contractors or consider reasonably available information by using the GSA Advantage!

On-line shopping service (http://www.gsaadvantage.gov). The catalogs/price lists, GSA Advantage! and the Federal Supply Service Home Page (www.gsa.gov) contain information on a broad array of products and services offered by small business concerns.

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

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

0. DEFINED TERMS

Throughout this Authorized Federal Supply Schedule Price List (“AFSSPL”) (i) Dell Federal Systems L.P. may be referred to as “Dell” or “Contractor”; and (ii) this AFSSPL may be referred to as “Contract” or “FSS Contract.”

1. ORDER QUANTITIES

The minimum dollar value of orders is $100. There is no maximum order limit.

2. GEOGRAPHIC SCOPE OF CONTRACT

(a) The geographic scope of this Contract is worldwide.

(b) The terms and conditions of this Contract shall apply to all orders for delivery and maintenance of equipment in areas listed in the price list outside the 48 contiguous states, Hawaii, Alaska and the District of Columbia except for the following modifications:

(1) In place of a delivery date, an estimated shipping date shall be specified on the order.

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

(c) Outside of the U.S., Dell agrees to accept orders for maintenance (On-Site Service) of equipment where Dell maintains the capability of performing such maintenance. Some isolated locations may only be serviced through a “return to depot” process. As conditions are subject to change, ordering activities should check with their Dell Sales Representative.

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3. POINTS OF PRODUCTION

Please refer to the Dell Federal Systems L.P. SAM registration (www.sam.gov, search under Dell’s SAM Unique Entity ID N1C5QLNPJLS4 in the Representations and Certifications section, FAR 52.212-6 Place of Performance) for the points of production for Dell-branded products.

4. DISCOUNTS AND PRICING

(a) Prices. Prices listed herein are net (discounts deducted), and the GSA Industrial Funding Fee (“IFF”) has been incorporated into the price, thus the IFF is not separately priced/invoiced.

(b) Special Pricing. Ordering activities are encouraged to compete their large requirements among GSA MAS Schedule contractors, and Schedule contractors are encouraged to quote lower "spot prices" for individual opportunities. The resulting competitive price may be included in a Delivery Order without triggering the Price Reduction clause. Special pricing may be available for large requirements. Please call the applicable Agency-specific telephone number listed above to discuss with your Sales Representative.

(1) Maximum Order Threshold The Maximum Order value for the following SINs is $500,000:

33411 Purchasing of New Electronic of Equipment 511210 Software Licenses 518210C Cloud and Cloud-Related IT Professional Services 532420L Leasing of New Electronic Equipment 54151 Software Maintenance Services 54151S Information Technology (IT) Professional Services 54151ECOM Electronic Commerce and Subscription Services 811212 Maintenance of Equipment, Repair Services, and/or Repair/Spare Parts

(2) The Maximum Order value for SIN ANCILLARY is $250,000.

(3) The Maximum Order value for SIN NEW is $1,000,000.

(4) The Maximum Order value for SIN OLM Order Level Materials is $100,000.

(c) Government Educational Institutions: Government Educational Institutions are offered the same discounts as all other Government customers.

5. PROMPT PAYMENT TERMS / PAYMENT TERMS

(a) No prompt payment discounts are available.

(b) Payment terms are Net 30 days from receipt of invoice or completion of acceptance, whichever is later – payment by check or EFT.

(c) Dell accepts the Government purchase card for payments equal to or less than the micro-purchase threshold for oral or written delivery orders, provided billing is authorized at the time of shipment. Dell does not offer my additional discount for their use.

(d) Dell accepts the Government purchase cards for payments above the micro-purchase threshold per the Information For Ordering Activities - Special Notice To Agencies Section of this AFSSPL, and provided billing is authorized at the time of shipment. Dell does not offer my additional discount for their use.

(e) Advance or pre-payment is not authorized or allowed under this FSS Contract. (31 U.S.C. 3324). Charges for http://www.sam.gov/

Page | 6 training, maintenance, and services (other than warranty or after point of sale warranty extensions) must be billed and paid in arrears (31 U.S.C. 3324).

6. FOREIGN ITEMS

Given the nature of this Contract, i.e. Professional Services, Secure (i.e. Classified) Support and Microsoft software, there are generally no foreign items. In the event a foreign item is sold under the OLM SIN, it will be so identified.

7. TRADE AGREEMENTS ACT OF 1979, AS AMENDED

Dell’s information technology systems (IT Systems) (e.g., notebooks, desktops, workstations, servers, data storage equipment) comply with the Trade Agreements Act (TAA) as specified in FAR §52.225-5. Dell’s IT Systems may include ancillary peripheral items that attach to the IT System (e.g., monitors, mice, keyboards, port replicators).

These peripheral items may not comply with the TAA when sold alone, but will take on the TAA designation of the IT System with which the peripheral item is contemporaneously sold. Peripheral items not sold contemporaneously with an IT System will comply with the TAA on their own. Dell also provides replacement/spare parts for its IT Systems (e.g., HDDs, memory, SSDs, processors) that are integrated internally into the IT System. These replacement/spare parts may not comply with the TAA, but will take on the TAA designation of the IT System inside which that replacement/spare part will be integrated.

8. PRODUCT SUBSTITUTIONS

Dell may make product substitutions either to base systems, internal system components, options or external peripherals as long as the substitute item is the same or better technology at the same or lower price. Delivery order modifications will not be required. The invoice will reflect the actual product shipped NOT the product ordered.

Notwithstanding the forgoing, if any change would impact (i) any customer software image, (ii) other such requirements such as ESTAR, EPEAT, etc.; or (iii) the order requires non-deviation/form-fit-function (specified at the time of quote request and called out clearly on the Order) product substitutions will not be made without the written approval of the Ordering Activity. In such instances Dell shall notify the Ordering Activity and request approval prior to making any such changes. If such changes are not acceptable to the Ordering Activity and Dell is unable to provide the product as originally quoted/ordered, the Order shall be terminated for convenience.

9. DELIVERY SCHEDULE

(a) TIME OF DELIVERY. The Contractor shall deliver to CONUS destinations within the number of calendar days after receipt of order (ARO), as set forth below. Offerors shall insert in the "time of Delivery (days ARO)" column in the Schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the Contractor's normal commercial practice, except where commercial Smart Select systems and/or non-Trade Agreement Act compliant products are being delivered. The Contractor shall ship orders to destinations OCONUS within the days ARO times specified below, or as otherwise negotiated between the Ordering Activity and Dell.

SIN CONUS OCONUS

33411 5 – 120*/** 5 – 120* 54151 5 – 120* 5 – 120* 54151S 5 – 120* 5 – 120*

54151ECOM 5 – 120* 5 – 120*

511210 5 – 120* 5 – 120* 518210C 5 – 120* 5 – 120* 532420L 5 – 120* 5 – 120* 811212 5 – 120* 5 – 120*

ANCILLARY 5 – 120* 5 – 120*

NEW 5 – 120* 5 – 120*

OLM 5 – 120* 5 – 120*

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*Or as otherwise negotiated between the Ordering Activity and Dell Federal Systems L.P.

**Please refer to Section 8 in the SIN 33411 Section below for additional delivery options.

(1) EXPEDITED DELIVERY TIMES. For those items that can be delivered quicker than the delivery times in

Section 9(a), above, the offeror is requested to insert below, a time (hours/days ARO) that delivery can be made when expedited delivery is requested: As negotiated at the time of Ordering Activity request.

(2) OVERNIGHT AND 2-DAY DELIVERY TIMES. Ordering activities may require overnight or 2-day delivery, which is available within the U.S. only. Dell generally does not build hardware products to inventory; rather, Dell custom configures products as orders are received. Once the product is built, overnight or 2-day delivery is available for an expedite fee that is negotiated at the time of Ordering Activity request. Dell is not required to provide, and the paying office shall not require, documentation to substantiate the fee for expedited delivery that Dell and the Ordering Activity have previously agreed upon.

(3) INSIDE DELIVERY. Ordering activities may require inside delivery. Inside delivery is available within the

U.S. only. Additional charges, if any, will be negotiated at the time of Ordering Activity request.

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

10. FOB POINT

(a) Within the continental U.S (CONUS) and the District of Columbia: Destination (three to five day ground delivery).

Hawaii and Alaska: Destination (3rd day air).

(b) Outside the U.S. (OCONUS): Deliveries via APO/FPO - Origin (i.e. the CONUS-located APO or FPO).

(c) Other deliveries - as agreed between the Ordering Activity and Dell. Shipping charges will be separately quoted and agreed upon between the Ordering Activity and Dell.

11. ORDERING ADDRESS / PROCEDURE

(a) Dell Federal Systems L.P. / Federal Round Rock 3 East, MS RR3-63 2300 Greenlawn Round Rock, TX 78664-7090

Dell's GSA products and pricing are available through Dell’s Sales Representatives. On the Dell Federal Home Page is a tool to identify Dell Sales Representatives responsible for individual Federal Agencies. If you know the name of your Sales Representative, address your Internet mail message to: firstname_lastname@dell.com.

(1) Orders may be placed electronically, by telephone or by mail. There must be a valid Dell quote number in order to place an order (except orders placed through GSA Advantage!). Ordering activities may obtain technical and/or ordering assistance at: Voice (855) 860-9606 / Fax (877) 416-4334.

(2) Dell Federal Systems L.P. is not currently participating in GSA’s Cooperative Purchasing Program.

However, at any one time there are approximately 30 MAS contractors who hold Dell GSA Letters of Supply and participate in Cooperative Purchasing. State and local government ordering activities may contact Dell’s mailto:firstname_lastname@dell.com

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GSA Schedule Point of Contact listed on the GSA e-Library email the Dell Federal Reseller mailbox at Fed_Reseller_Admin@dell.com for additional information and a current list of Dell Letter of Supply holders.

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

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

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

(c) Contract Administration for Ordering Activities. Any Ordering Activity, with respect to any one or more delivery orders placed by it under this Contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the Ordering Activity’s convenience, and

(m) Termination for Cause (See 52.212-4).

(d) Purchase of Incidental, Non-Schedule Items

(1) Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this Contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f).

(2) Open Market items shall be clearly labeled on the order as such.

(3) All clauses applicable to items not on the FSS contract must be included in the order.

12. PAYMENT ADDRESSES

Standard Remittance Address: Overnight Mail Remittance Address:

Dell Federal Systems L.P. Dell Federal Systems L.P c/o Dell USA L.P. c/o Dell USA L.P.

P.O. Box 676365 Box 676265 Dallas, TX 75267-6021 1200 East Campbell Rd, Suite 108 Richardson, Texas 75081

Wire Transfer Information Financial Institution Information:

Payee/Company Information: PNC Bank Dell Federal Systems L.P. 500 First Avenue One Dell Way Pittsburgh, PA 15222 Round Rock, TX 78682 Beneficiary Name: Dell Federal Systems L.P.

Tax ID: 74-2924476 Bank Contact: 800-762-9473

**All Electronic Fund Transfers (EFT) must use the CTX format in order for the invoice to be processed accurately and timely.

13. WARRANTY PROVISIONS

(a) For the purpose of this FSS Contract, warranties include, in addition to those agreed for the entire schedule Contract:

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

(2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a

Page | 9 product/equipment/service/software package submitted in response to requirements which results in orders under this schedule contract.

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

(b) The above list does not encompass items not currently covered by the FSS Contract.

(c) Please refer to the warranty provisions within the SIN-specific sections below.

14. EXPORT PACKAGING CHARGES

Export packing is available. In the event export requires additional packaging beyond Dell’s standard commercial packaging, such packaging may require an additional charge. If such a charge is required, it will be separately quoted on an open market basis and will be listed as an open market line item on the Delivery Order.

15. SECTION 508 COMPLIANCE

(a) General information regarding Section 508 compliance on the supplies and services in this Contract is available in Electronic and Information Technology (EIT) at: http://www.section508.gov/

(b) Dell maintains a library of Section 508 Voluntary Product Accessibility Templates (VPATS) detailing how individual products meet the requirements of Section 508. Dell’s VPATS, as well as other related information may be found at: http://www.dell.com/learn/us/en/uscorp1/vpat. Additional information is also available from your Dell Sales Representative. VPATS for third party products are maintained by the manufacturer.

16. DUNS AND OTHER STATISTICAL DATA FOR ORDERING ACTIVITY COMPLETION OF SF 279

SAM Unique Entity ID: N1C5QLNPJLS4 Business Size: Large Business Woman-Owned Small Business: No Tax Identification Number (TIN): 74-2924476 Veteran Owned Small Business (VOSB): No CAGE Code: 3XAU1

17. SYSTEM FOR AWARD MANAGEMENT (SAM)

Dell Federal Systems L.P.’s SAM registration is current, accurate and complete.

18. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003)

(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this Contract. All costs associated with providing individuals who possess the appropriated level of security clearance will be negotiated with the Ordering Activity on an individual task/delivery order basis.

(b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub L. 99-234 and FAR Part 31 and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges.

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

http://www.section508.gov/ http://www.dell.com/learn/us/en/uscorp1/vpat

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

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

(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5, in the event a mitigation plan is unable to be agreed upon between the order activity and the Contractor.

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

(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the Ordering Activity’s order.

(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary. Contractor does not maintain a Government approved property management system.

(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year.

Funds may not be presently available for any orders placed under the Contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. It is at the Contractor’s sole discretion whether to accept an order(s) where funds are not yet available.

19. BLANKET PURCHASE AGREEMENT (BPAs)

Subject to FAR 8.405-3, establishment of BPAs under this FSS Contract to fill repetitive needs for supplies or services is allowable.

20. CONTRACTOR TEAM ARRANGEMENTS

(a) Dell participates in contractor team arrangements (CTA), consistent with the GSA guidance at http://www.gsa.gov/portal/content/200553. During the solicitation phase of a GSA procurement, where Dell may be bidding as a CTA Team Member with multiple competing Team Leads, contingent upon the Ordering Activity’s approval, a Letter of Intent to Team with each Lead is acceptable in lieu negotiation multiple CTAs, only to have all but one cancelled.

(b) Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with contract clause 552.238-80, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

21. INSTALLATION, DEINSTALLATION, REINSTALLATION

(a) The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of http://www.gsa.gov/portal/content/200553

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Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services.

(b) Dell is unable to accept task orders subject to the Davis Bacon Act; compliance may be possible through a CTA where Dell is a Team Member. The Ordering Activity issuing the task order against this FSS Contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the Ordering Activity at the time a request for quotations is made for applicable construction classified installation, de-installation, and reinstallation services under

SIN 33411.

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

(a) Dell shall, at its own expense, provide and maintain during the entire performance of this FSS Contract, at least the kinds and minimum amounts of insurance required herein.

(b) If requested by the Ordering Activity, before commencing work hereunder, Dell shall notify the Contracting Officer in writing that the required insurance has been obtained and provide a Certificate of Insurance if so desired. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

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

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

23. LIABILITY FOR INJURY OR DAMAGE

Dell shall not be liable for any injury to Ordering Activity personnel or damage to Ordering Activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. The foregoing limitation of liability shall not apply to (1) personal injury or death resulting from Contractor’s gross negligence; or (2) for fraud.

24. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATIONS STANDARDS REQUIREMENTS

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

(a) Federal Information Processing Standards Publications (FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use.

Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487- 4650.

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

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

Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Page | 12

Federal Acquisition Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, NIST, Gaithersburg, MD 20899, telephone number (301) 975-2833.

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TERMS AND CONDITIONS APPLICABLE TO PURCHASING OF NEW ELECTRONIC EQUIPMENT

(SPECIAL ITEM NUMBER 33411)

1. MATERIAL AND WORKMANSHIP

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

2. ORDER

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

orders, internet orders, credit card orders, or telephone orders are permissible.

3. TRANSPORTATION OF EQUIPMENT

FOB Destination: Prices cover equipment delivery to destinations in the United States, Hawaii, Alaska and the District of Columbia using three to five day ground transportation.

Shipping charges may apply to other OCONUS locations. The Contractor will separately quote OCONUS shipping charges; the agreed upon charges will be included on the delivery order. Contractor’s ability to ship a product via APO/FPO is dependent upon the size and weight of the product. Given that product sizes and weights vary with configuration and model, and APO/FPO requirements are subject to change, ordering activities desiring to ship via APO/FPO should contact their Dell Sales Representative to confirm if the product they are interested in purchasing may be shipped via this method. In general, Dell notebook and desktop computers, flat panel monitors, and software & peripheral products may be shipped via APO/FPO; Dell workstations, servers and data storage products may not be able to be shipped via APO/FPO. Please note that shipping via US Postal Service to an APO/FPO address can take up to 8 weeks to deliver with no tracking available while in route to the destination.

4. INSTALLATION AND TECHNICAL SERVICES

(a) INSTALLATION. Ordering activities may install ordered equipment themselves or order this service from Dell at the prices listed in the price list. Generally, ordering activities may install Government (i.e. desktop, notebook and workstation systems, as well third-party software and peripheral items) products and certain enterprise (i.e. server and storage products); more complex enterprise products may require Contractor installation. Any Contractor travel required in the performance of Installation Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

(b) CUSTOM FACTORY INTEGRATION SERVICES. In addition to services specifically tied to its computer systems (e.g. warranty break fix, installation, asset recovery), Dell offers Custom Factory Integration Services (“CFI” or “CFS”). These are services directly associated with the IT hardware requested by the customer, that are unique to the customer. Examples of CFI include, but are not limited to customer-specific image loading, non-Dell-standard peripheral/component integration and/or “drop-in-the-box,” non-Dell-SKU’d component integration, application of UID/RFID tags, merge center services (e.g. order consolidation), etc. While standard CFI, e.g. an asset tag or a UID tag are on the GSA Price List, customer-unique services are not added (but are available for purchase under the Contract) since only the customer for whom they are for may order them. Customer-specific custom SKUs are developed and exist for the term of the order, then retired. Pricing is negotiated between the ordering activity and Dell, with the Contract discount applied.

(c) INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon

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Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration, or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act apply.

The ordering activity issuing the task order against this Contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, de-installation, and reinstallation services under SIN 33411.

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

5. INSPECTION/ACCEPTANCE AND RETURN POLICY

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

(b) ACCEPTANCE. Except for shipments via APO/FPO, acceptance shall occur on the first day after delivery of the product to the Government. For shipments via APO/FPO, acceptance shall occur on the first day after delivery to the Army or Fleet Post Office (i.e. the FOB point).

(c) RETURNS POLICY. The Government may return Dell-branded products to Dell up to 30 days from the day they are delivered. This policy does not apply to certain Dell branded products, as further outlined on the link below. Please refer to Subsection 2(d) of the SINs 511210 and 54151 Sections of this AFSSPL for the software returns policy. Specific return instructions may be found at:

http://www.dell.com/learn/us/en/uscorp1/terms-of-sale-commercial-and-public-sector-returns

6. WARRANTY FOR DELL PRODUCT

(a) For all products, the Contractor will furnish all maintenance, machine adjustments, repairs, and parts at the Government location for a period of three years from the date of shipment. The on-site guarantee covers the base system and any factory installed options offered under this Contract, except consumable items such as notebook batteries, which come with a one-year replacement (exchange) service offering. Warranties for other Dell-branded peripheral products, spare parts and customer kits vary. Please refer to the “How long does this limited hardware warranty last?” section of Dell’s limited warranty which may be found on the link immediately below. Dell reserves the right to replace, as a whole unit, monitors, keyboards, and mice if an online technician determines that the unit is defective. Monitors purchased under this Contract are also covered under the base system guarantee. The terms and conditions of Dell’s limited three-year warranty are loaded on each Dell system and may be found at:

http://www.dell.com/learn/us/en/uscorp1/terms-of-sale-commercial-and-public-sector-warranties

In addition, additional warranty terms covering Dell EMC branded products are available on this link. These warranties, as applicable, effective as of the date of this AFSSPL, are included as Schedule C. These are Dell Technologies Inc.’s U.S. warranties applicable to all U.S. Commercial and Public Sector sales (separate warranties are applicable to Consumer sales) and are subject to change from time to time at Dell Technologies Inc.’s sole discretion. As authorized by GSAR 552.212-4(w)(vi), Dell may unilaterally revise commercial supplier agreement terms provided such revisions are not material (as defined in the clause).

http://www.dell.com/learn/us/en/uscorp1/terms-of-sale-commercial-and-public-sector-warranties

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If your product fails during the warranty period and the troubleshooting suggestions in the product documentation do not solve the problem, you can receive support by contacting the Contractor via telephone, email, or chat. The Support homepage may be found at:

http://www.dell.com/support/home/us/en/555?c=us&l=en&s=biz

(b) Next business day service listed in the price pages applies to the continental U.S., the District of Columbia, and to Alaska, and Hawaii within the specified service locations. OCONUS service requires purchase of warranty uplift options necessary for supporting such locations. Please refer to the Service Contract provided approximately 30 days after product delivery for a complete description of the services available.

(c) OCONUS service SLA’s, availability and uplift options are available online at:

http://www.dell.com/learn/us/en/04/fed/oconus-program

(d) Additional warranty support services for critical infrastructure are available for an additional charge, many of which may be location-dependent, including 2- and 4-hour response time, ProSupport and ProSupport Flex. Please contact your Dell Inside Sales Representative, Dell Account Executive, or GSA POC for additional information.

(e) All parts replaced during the warranty period shall become the property of the Contractor, unless the Ordering Activity has procured an additional service such as “Keep Your Own Hard Drive.”

(f) Prior to the expiration of the warranty period, whenever equipment is shipped for repair or mechanical replacement purposes, the Contractor shall bear all costs, including, but not limited to, costs of packing, transportation, rigging, drayage, and insurance. This warranty shall apply to the replacement machine from the date of its acceptance.

(g) When equipment is returned to the Contractor's establishment for repairs, the Contractor shall be responsible for any damage or loss from the time the equipment is removed from the Government installation until the equipment is returned to such installation.

(h) This warranty does not apply if damage to the equipment is occasioned by fault or negligence of the Government.

(i) Inspection and repair of defective equipment under this warranty will generally be performed at the customer location; however, it may be performed at a variety of Contractor or the locations, depending on the type of equipment involved. Specific return instructions will be provided by Customer Care as part of the service call. Return shipment of defective equipment, either repaired or replaced, will generally be made within 7-10 days after receipt, contingent upon parts availability.

(j) Software and Peripheral products will be furnished with the standard warranty offered by the manufacturer.

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

The purchase price that the ordering activity will be charged will be the price for the end-item IT system in effect at the time of ordering activity order placement (i.e. the price quoted by Dell) or the price that is in effect at the time the order is entered into Dell’s Order Management System, whichever is less. In the event the end-item IT system purchase price is lower than the price in effect at the time of order placement (i.e. the Delivery Order price is higher than the current price), the order will be entered and upon shipment, invoiced at the lower price. The Government is responsible for de-obligation of excess funds remaining on the Delivery Order. If the Delivery Order price at the time of order entry is higher than the price at the time of order placement, the lower price shall be honored. This provision applies to SIN 33411 hardware products only.

8. ACCELERATED DELIVERY OPTIONS

In addition to the normal accelerated delivery options discussed in Section 6 of the Information for Ordering Activities Section of this AFSSPL, Dell offers two programs, ReadyShip and Delivery on Demand. A nominal additional fee to http://www.dell.com/support/home/us/en/555?c=us&l=en&s=biz http://www.dell.com/learn/us/en/04/fed/oconus-program

Page | 16 cover Dell’s cost in warehousing may be charged for both the service, currently as an “open market” charge, subject to negotiation between the ordering activity and Dell, which will be disclosed at the time of quote.

(a) READYSHIP. Dell’s ReadyShip service provides a rapid deployment (shortened SLA) process for a steady volume of Eligible Products (defined below). The service is available on certain system models and configurations at Dell’s sole discretion and approval, which are subject to change. Currently, eligible products include selected, standard configurations of Dell PowerEdge, Dell PowerVault, Dell PowerConnect, Dell OptiPlex, and Dell Latitude systems. Dell will build and stock quantities of products based on the customer’s forecast demand.