MAS - Dell Marketing L.P. - GS35F059DA

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AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST

Maintenance, Repair Services and/or Repair Parts/Spare Parts Software Licenses Software Maintenance Services Cloud and Cloud-Related IT Professional Services

Special Item 811212 Special Item 511210 Special Item 54151 Special Item 518210C Special Item OLM Order-Level Materials (OLM)

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 513210 – 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 Operating System; Application; Electronic Commerce (EC); Utility; Communications; Core Financial Management; Ancillary Financial Systems; and Special Physical, Visual, Speech, and Hearing Aid Software

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 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 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.

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Dell Marketing L.P.

Federal Government Solutions

One Dell Way Round Rock, Texas 78682 1-855-860-9606

Internet Address: http://www.dell.com/fed

Solicitation #47QSMD20R0001 Refresh 0029

Contract Number: GS-35F-059DA Current Option Period: November 20, 2020 to November 19, 2030

Contract End Date: November 29, 2035 General Services Administration

Federal Acquisition Service http://www.dell.com/fed

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TABLE OF CONTENTS

Information for Ordering Activities Applicable to all Special Item Numbers 4 Terms and Conditions Applicable to Maintenance of Equipment, Repair Services and/or Repair/Spare Parts (SIN 811212) 12 Terms and Conditions Applicable to Software Licenses (SIN 513210 And Software Maintenance Services (SIN 54151) 15 Terms and Conditions Applicable to Cloud and Cloud-Related Professional Services (SIN 518210C) 19 Terms and Conditions Applicable to Order-Level Materials (OLM) (SIN OLM) 32 Country of Origin / Warranty Codes 34 USA Commitment to Promote Small Business Participation Procurement Programs 35 Appendix A Price List 36 Appendix B Dell Technologies Inc. Commercial and Public Sector Warranties 37

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order1 are available through GSA Advantage!®, a menu-driven database system. The internet address for GSA Advantage!® is: GSAAdvantage.gov. Please note that certain complex Dell products and / or configurations may not be available on Advantage due to its limitations.

Dell's GSA Terms and Conditions, as well as Dell’s GSA product and pricing, are available on the Dell Federal Government Home Page at https://www.delltechnologies.com/en-us/industry/federal/federal-government-it.htm#scroll=of f. On the 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

Given Dell’s price list is a SKU-based price list containing several thousand SKUs, which per its commercial practices change frequently, publishing and distribution of a hard copy price list is impractical. Upon request Dell will provide an electronic copy of the current price list. The Dell-specific Authorized Federal Supply Schedule Price List terms are available on the GSA e-library, or via email from Dell upon request.

1 Please note that given the complexity of certain Dell product configurations, it may not be possible to properly configure a system on Advantage! and/or configure a product without the assistance of a Dell Technical Account Manager. Please contact Dell directly.

https://www.delltechnologies.com/en-us/industry/federal/federal-government-it.htm#scroll%3Doff https://www.delltechnologies.com/en-us/industry/federal/federal-government-it.htm#scroll%3Doff mailto:irstname_lastname@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 Marketing L.P. may be referred to as “Dell” or “Contractor”; and (ii) this AFSSPL for GS-35F-059DA 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:

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

ii. 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.

3. POINTS OF PRODUCTION

Please refer to the Dell Marketing L.P. SAM registration (www.sam.gov, search under Dell’s SAM http://www.sam.gov/

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Unique Entity ID HJLSY7RZV8X6 in the Representations and Certifications section, FAR 52.212-6 Place of Performance) for the points of production for Dell-branded products. Please also refer to the Foreign Items Section below.

4. DISCOUNTS AND PRICING

(a) PRICES. Prices listed herein are net; Contract discounts have already been 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 holder 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 Special Item Numbers (SINs) is $500,000:

513210 Software Licenses 54151 Software Maintenance Services 518210C Cloud and Cloud-Related IT Professional 811212 Maintenance of Equipment, Repair Services, and/or Repair/Spare Parts

(2) 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).

6. FOREIGN ITEMS

The Country of Origin column on the Schedule’s Excel price list lists the county of origin two-digit code. Please refer to the Country of Origin / Warranty Codes Section of this AFSSPL for a key to the codes.

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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, 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 to product options 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 termination for convenience provisions of FAR 52.212-4 shall be invoked.

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 non-Trade Agreement Act compliant products are being delivered. The Contractor shall ship orders to destinations OCONUS within the days ARO times specified below.

SIN CONUS OCONUS

513210 5 – 120* 5 – 120* 54151 5 – 120* 5 – 120* 518210C 5 – 120* 5 – 120* 811212 5 – 120* 5 – 120*

OLM 5 – 120* 5 – 120*

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

(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 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.

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(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 three (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

(a) Dell Marketing L.P. / Federal

Round Rock 3 East MS RR3-63 2300 Greenlawn Round Rock, TX 78664-7090

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.

Dell Marketing 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 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. 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.

mailto:%20Fed_Reseller_Admin@dell.com

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(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 Marketing L.P. C/O Dell USA L.P. Dell Marketing L.P. C/O Dell USA L.P.

P.O. Box 676265 P.O. Box 676265 Dallas, TX 75267-6265 1200 East Campbell Rd, Suite 108

Richardson, TX 75081

Electronic Payment Address Financial Institution Information Payee/Company Information PNC Bank Dell Marketing L.P. C/O Dell USA L.P. 500 First Avenue 1 Dell Way, Box 8730 Pittsburgh, PA 15222 Round Rock, TX 78682 Beneficiary Name: Dell Marketing L.P. C/O Dell

USA L.P.

Tax ID: 74-2616805 Bank Contact: 800-762-4224

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

13. WARRANTY PROVISIONS

(a) For the purpose of this 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 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.

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(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

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/

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.

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

Data Universal Numbering System (DUNS) Number: 877936518 SAM Unique ID: HJLSY7RZV8X6 Business Size: Large Business Woman-Owned Small Business: No Tax Identification Number (TIN): 74-2616805 Veteran Owned Small Business (VOSB): No CAGE Code: 3DMD3

17. SYSTEM FOR AWARD MANAGEMENT (SAM)

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

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

(a) 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.

(b) 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 Scheduleprogram.

(c) 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.

(d) DOCUMENTATION/STANDARDS: The Contractor may be requested to provide products or http://www.section508.gov/ http://www.dell.com/learn/us/en/uscorp1/vpat

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(e) DATA/DELIVERABLE REQUIREMENTS: Any required data/deliverables at the ordering level will be as specified or negotiated in the Ordering Activity’s order.

(f) 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.

(g) 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. 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 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 under the Dell Federal Systems L.P. GSA MAS Contact 47QTCA22D003G where Dell is a Team Member.

20. 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.

21. 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.

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22. 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 ad dress, or telephone number (703)487-4650.

(b) FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED- STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal 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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I. REPAIR SERVICE – PRODUCTS NO LONGER UNDER WARRANTY

1. SERVICE AREAS

(a) Given the wide range types, sizes and complexity of product available under this Contract, return to depot repair is only available for selected client products. Please contact Dell Technical Support for additional information.

(b) For most Dell-branded products, repair of defective equipment is performed at the end-user location. Specific return instructions will be provided by Customer Care and/or Technical Support. To obtain a repair quote and/or purchase repair services, contact Technical Support to set up a repair service.

Enter the product’s service tag-number at:

http://www.dell.com/support/home/us/en/04?c=us&l=en&s=bsd and follow the prompts.

2. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this Contract. Orders for repair service shall not extend beyond the end of the Contract period. Customer kits (other than monitors, keyboards and mice) sold as items to be installed into or with a Dell system are considered to be part of that system.

3. LOSS OR DAMAGE

When the Government sends equipment to the Contractor's establishment for repairs, the Government shall be responsible for any damage or loss from the time the equipment is shipped from the Government location until it is received by the Contractor. The Contractor shall be responsible for any damage or loss from the time the equipment is shipped from the Contractor's location until it is received at the Government installation.

4. SCOPE

(a) The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the Contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. Repair Parts are generally available up to 5 years from the date of the product EOL (End of Life).

(b) Equipment placed under maintenance service shall be in good operating condition.

(1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity.

(2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.

(3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the Ordering Activity, in accordance with the provisions of Special Item Number 811212 (or outside the scope of

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE OF EQUIPMENT, REPAIR SERVICES AND/OR

REPAIR PARTS / SPARE PARTS (SPECIAL ITEM NUMBER 811212)

http://www.dell.com/support/home/us/en/04?c=us&l=en&s=bsd

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5. RESPONSIBILITIES OF THE ORDERING ACTIVITY

(a) Ordering Activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor.

(b) Subject to security regulations, the Ordering Activity shall permit access to the equipment which is to be maintained or repaired.

(c) If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order.

6. RESPONSIBILITIES OF THE CONTRACTOR

(a) The Contractor shall always be responsive to the Government's repair service needs. The Contractor shall perform all repair services which are ordered by the Government during the Contract term.

(b) If products are returned to the Contractor for repair, the turnaround time of the repaired product is 7 - 10 days after receipt of the equipment at the Contractor’s repair service facility, contingent upon parts availability.

(c) Only new and tested equivalent to new standard parts shall be used in effecting repairs. Parts which have been replaced shall remain the property of the Contractor. Notwithstanding the forgoing, non-volatile memory components shall be retained by the Government.

7. REPAIR SERVICE RATE PROVISIONS

(a) CHARGES. Charges for repair service be computed on a per incident charge that will vary, based upon the type of system being repaired. Parts will be billed separately. De-installation, relocation and re-installation are not available under this SIN. Contact Dell Support further information at:

(b) TRAVEL OR TRANSPORTATION AT THE CONTRACTORS SHOP

(1) When equipment is returned to the Contractor's shop for adjustment or repairs which are not covered by the guarantee provision, Ordering Activity agrees to pay any travel expenses in accordance with FTR/JTR, as applicable, Ordering Activity shall only be liable for such travel expenses as approved as by Ordering Activity and funded under the applicable ordering document.

(2) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without its prior consultation and instruction.

(c) LABOR RATES. The repair service rates agreed upon between the ordering activity and the Contractor shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at, or as otherwise mutually agreed by the Government and the Contractor.

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8. REPAIR PARTS/SPARE PARTS RATE PROVISIONS

All parts, furnished as spare parts, or as repair parts in connection with repair of equipment either by the Contractor or the end-user, shall be new or like new (tested equivalent to new) parts manufactured by the equipment manufacturer. All parts shall be furnished at prices discounted 15% (exclusive of IFF) from the Contractor’s commercial price list and are not required to be individually listed on the Contractor’s AFSSPL.

Repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this AFSSPL, such scope including equipment types/models that have been replaced by follow-on products are no longer available for sale.

9. GUARANTEE REPAIR SERVICE AND REPAIR/SPARE PARTS

(a) Repair Service. All repair work will be guaranteed for a period of ninety (90) calendar days.

(b) Repair/Spare Parts. All parts, furnished either as spares or repair parts in connection with repair of equipment, will be unconditionally guaranteed for the longer of 1) ninety (90) days or 2) the remainder of the Dell system warranty in the system in which the parts are being installed.

10. INVOICES AND PAYMENTS

Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of the work. Payment under blanket purchase orders for repair parts will be made monthly except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity ordering services under the Contract. The cost of repair parts shall be shown as a separate item on the invoice.

II. ENHANCED REPAIR SERVICE / MAINTENANCE OF EQUIPMENT UNDER CONTRACTOR

WARRANTY

Dell products sold under this FSS Contract include the standard Dell commercial warranty. For an additional charge, Dell offers a wide variety of enhanced warranty and maintenance provisions, tailorable to the needs of the Ordering Activity and the end-user (e.g. 2 hour service, system health monitoring).

These services are sold under general marketing moniker of “ProSupport” and “ProSupport Plus.” The ProSupport offerings vary considerably based upon system location, complexity and the response time needs of the Ordering Activity and end-user. Please refer to https://pilot.search.dell.com/prosupport or contact your Dell Sales Representative for additional information. Also please note that some of Dell’s ProSupport or ProSupport Plus offerings may not be available for certain end-users, and-or in certain global regions, given stringent Government security and data protection requirement.

https://pilot.search.dell.com/prosupport

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0. DEFINITIONS

(a) Term Licenses. The word "Term" is defined in this FSS Contract as "a limited period of time." Term Software Licenses have a limited duration and are not owned in perpetuity. Unless the Contract provides an option for converting Term licenses into perpetual licenses, end users lose the right to use these licenses upon the end of the term period. This SIN is NOT Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS) as defined in SIN 518210C - Cloud and Cloud-Related IT Professional Services.

(b) Perpetual Licenses. The word "perpetual" is defined in this Contracts as "continuing forever, everlasting, valid for all time."

1. INSPECTION/ACCEPTANCE

The Contractor shall only tender those items that conform to the requirements of this Contract.

Acceptance shall occur on the day of proof of delivery of the product to the Ordering Activity.

2. GUARANTEE/WARRANTY/RETURNS POLICY

(a) WARRANTY/LICENSE

(1) Dell Software. This Subsection covers all software that is distributed for which there is no separate license agreement between the buyer and the manufacturer or owner of the software.

Included in the following link is the GSA-approved Dell Technologies Inc. Federal End User License Agreement (“Federal EULA”):

https://www.dell.com/learn/us/en/uscorp1/legal_docs/eula-us-federal.pdf.

(2) Third-party software products.

i. Dell does not warrant third-party software products. Any warranty provided on third- party software is provided by the publisher or original manufacturer and may vary from product to product. All software furnished pursuant to the terms of this Contract will be unconditionally guaranteed for defects in the media the software is provided on for a period of one (1) year, beginning on the first day of acceptance.

ii. License Agreement. All software, including Microsoft software, is provided subject to the license agreement provided with the software, either pre-loading on the system or as part of the software package. Ordering Activity acknowledges that there may be terms that it will be bound to by the license agreement. No software will be available under the Contract unless the End User License Agreement (“EULA”) has been approved by GSA.

Notwithstanding the forgoing, the terms of GSAR Clause 552.232- 78 Commercial Supplier Agreements-Unenforceable Clauses control.

(b) LIMITATION OF LIABILITY. Except as otherwise provided by an express or implied warranty, the

Contractor will not be liable to the Ordering Activity for consequential damages resulting from any defect or deficiencies in accepted items. The foregoing limitation of liability shall not apply to (1) personal injury or death resulting from Licensor’s gross negligence; or (2) for fraud.

(c) SOFTWARE RETURNS POLICY. Software may not be returned at any time, unless the software being returned is:

TERMS AND CONDITIONS APPLICABLE TO SOFTWARE LICENSES (SPECIAL ITEM NUMBER 513210) AND

SOFTWARE MAINTENANCE SERVICES (SPECIAL ITEM NUMBER 54151)

https://www.dell.com/learn/us/en/uscorp1/legal_docs/eula-us-federal.pdf

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(1) Application software or operating systems installed by Dell on a returnable system which is being returned within the applicable return period; or

(2) Media-based software that is unopened and still in its sealed package or, if delivered electronically, software that you have not accepted by clicking "I agree to these Terms and Conditions.” Specific return instructions may be found at:

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

3. SOFTWARE MAINTENANCE

(a) Software maintenance as it is defined: (select software maintenance type):

(1) Software Maintenance as a Product (SIN 513210). Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self- diagnostics.

Software Maintenance as a product is billed at the time of purchase.

(2) Software Maintenance as a Service (SIN 54151). Software maintenance as a service 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 as a service includes person-to-person communications regardless of the medium used to communicate:

telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324.

i. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324.

Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). Prompt payment discount, if applicable, shall be shown on the invoice.

4. TECHNICAL SERVICES

The Contractor, without additional charge to the Government, shall provide a point of contact the purpose of which is to provide user assistance and guidance in the implementation of the operating system software for the first thirty (30) days from the date of acceptance. User assistance may be provided by Dell or the software manufacturer. Assistance is available through Dell Technical Support; the Technical Support telephone numbers may vary by product type and are available online (as is support via chat and email) on the “Call Technical Support” page at: http://www.dell.com/support/home/us/en/04?c=us&l=en&s=bsd

On that site, click on the “Telephone” button, you will then be asked for your Dell Service Tag, after which the appropriate telephone number will be provided. Assistance is available from 6:00 a.m. Central Time to 9:00 p.m. Central Time, Monday through Friday, and 8:00 a.m. Central Time to 4:00 p.m. Central Time, Saturday, Contractor’s scheduled holidays; and may be available 24x7 depending on system type.

Application software support can be purchased optionally from the software manufacturer.

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

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5. PERIODS OF SOFTWARE LICENSES

(a) The Contractor shall honor orders for periods for the duration of the Contract period or a lessor period of time.

(b) Term Licenses and/or maintenance may be discontinued by the Ordering Activity on thirty (30) calendar day’s written notice to the Contractor.

(c) Annual Funding. When annually appropriated funds are cited on an order for maintenance, the period of maintenance shall automatically expire on September 30 of the Contract period, or at the end of the Contract period, whichever occurs first. Renewal of the maintenance orders citing the new appropriation shall be required, if the maintenance is to be continued during any remainder of the Contract period.

(d) Cross-Year Funding Within Contract Period. Where an Ordering Activity’s specific appropriation authority provides for funds in excess of a 12-month (fiscal year) period, the Ordering Activity may place an order under this schedule Contract for a period up to the expiration of the Contract period, notwithstanding the intervening fiscal years.

(e) Ordering Activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the maintenance is to be terminated at that time. Orders for the continuation of maintenance will be required if the maintenance is to be continued during the subsequent period.

6. UTILIZATION LIMITATIONS

(a) Software acquisition is limited to commercial computer software defined in FAR Part 2.101.

(b) When acquired by the Ordering Activity, commercial computer software and related documentation so legend shall be subject to the following:

(1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified.

(2) Software licenses are by site and by Ordering Activity. An Ordering Activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the Ordering Activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one Ordering Activity's site. This would allow other agencies access to one Ordering Activity's database. For Ordering Activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user Ordering Activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user Ordering Activity's permitted use of the computer programs and documentation. For purposes of this Section, all such permitted third parties shall be deemed agents of the user Ordering Activity.

(3) Except as is provided in Section 6.b.(2) above, the Ordering Activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime contractors, subcontractors and agents of the Ordering Activity who have the Ordering Activity's permission to use the licensed software and documentation at the

Page | 18 facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the Ordering Activity to use software, documentation, or information therein, which the Ordering Activity may already have or obtains without restrictions.

(4) The Ordering Activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of disaster recovery, the Ordering Activity has the right to transfer the software to another site if the Ordering Activity site for which it is acquired is deemed to be unsafe for Ordering Activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.

(5) “Commercial Computer Software” may be marked with the Contractor’s standard commercial restricted rights legend, but the schedule Contract and schedule pricelist, including this clause, “Utilization Limitations” are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend.

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1. SCOPE

This SIN provides access to cloud (e.g., IaaS, PaaS, SaaS) computing services across public, community, and hybrid development models. Cloud computing services shall comply with National Institute of Standards Technology (NIST) Definition of Cloud Computing Essential Characteristics (NIST SP 800-145). Cloud computing that does not meet all NIST essential characteristics are outside the scope of this SIN and shall be assigned to other SINs, where applicable.

The scope of this SIN is limited to cloud capabilities provided entirely as a service. Hardware, software and other artifacts supporting the physical construction of a private or other cloud are out of scope for this SIN. An Ordering Activity may procure the hardware and software needed to build on premise cloud functionality, through combining different services on other MAS Contract SINs. Cloud related IT professional labor categories are not within scope of this Contract.