IT-70 - Fujitsu America, Inc. - GS35F0600V

General Services Administration Federal Acquisition Service

GSA Information Technology Schedule

Contract Number: GS-35F-0600V

Fujitsu America, Inc.

1250 East Arques Avenue

Sunnyvale, CA 94085 1-800-831-3183

GENERAL SERVICES ADMINISTRATION

FEDERAL ACQUISITION SERVICE

AUTHORIZED

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND

SERVICES

Special Item Numbers

(SIN)

Products/Services

132-8 Purchase of Equipment

132-12 Maintenance of Equipment

132-33 Perpetual Software Licenses

132-34 Maintenance of Software

1250 E. Arques Avenue Sunnyvale, CA 94085 http://www.solutions.us.fujitsu.com

Contract Number: GS-35F-0600V

Contract Period: July 24, 2014 to July 23, 2019

Award Date: July 24, 2014

Modification # PS-0122

Effective Date: June 18, 2018

Fujitsu America, Inc. GS-35F-0600V

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

GSA Advantage! System (http://www.gsaadvantage.gov).

Overnight and/or two day delivery is available if inventory exists. Customers should call Fujitsu to determine availability.

SIN 132-8 Purchase of Equipment

NOTE: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis Bacon Act apply.

In applying the Davis Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, if applicable.

SIN 132-12 Maintenance of IT Equipment FPDS Code J070 - See FSC Class for basic equipment

Maintenance

SIN 132-33 Perpetual Software Licenses

FSC Class 7030.........INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers o Operating System Software o Application Software o Electronic Commerce (EC) Software

Microcomputers o Operating System Software o Application Software o Electronic Commerce (EC) Software o Utility Software o Communications Software

SIN 132-34 Maintenance of Software

No Code or Class. - See FSC Class for basic software

FSC Class 7010 - .SYSTEM CONFIGURATION End User Computer/Desktop Computers Servers Laptop/Portable/Notebook Computers Large Scale Computers Other Systems Configuration Equipment, Not

Elsewhere Classified

FSC Class 7025 - INPUT/OUTPUT AND STORAGE DEVICES

Display Graphics, Including Video Graphics, Light Pens, and

Touch Screens Network Equipment Other Communications Equipment Storage Devices including Magnetic Storage, Magnetic

Tape and Optical Disk Other Input/Output and Storage Devices, Not

Elsewhere Classified

FSC Class 7035 - ADP SUPPORT EQUIPMENT ADP Support Equipment

FSC 7042 – Mini and Micro Computer Control Devices

Microcomputer Control Devices

FSC Class 7050 - ADP COMPONENTS IT Components

FSC Class 5995 - .CABLE, CORD, AND WIRE ASSEMBLIES

COMMUNICATIONS EQUIPMENT

Communication Equipment Cable

FSC Class 6015 - FIBER OPTIC CABLE

Fiber Optic Cable FSC Class 6145 - WIRE AND CABLE, ELECTRIC

Coaxial Cable

FPDS Code N070. - OTHER

Installation for Equipment Offered De-installation Re-installation

GENERAL SERVICES ADMINISTRATION

FEDERAL ACQUISITION SERVICE

Table of Contents

Section Title Page

Special Notice to Agencies i

I Terms and Conditions

Information for Ordering Activities I-6

Terms and Conditions Applicable to Purchase of General Purpose Commercial Information Technology Equipment (Special Item Number 132-8)

I-15

Terms and Conditions Applicable to Maintenance for Government-Owned General Purpose Commercial Information Technology Equipment (After Expiration of Guarantee/Warranty Provisions and/or When Required Service is not Covered by Guarantee/Warranty Provisions) (Special Item 132-12)

I-19

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

I-24

Authorized Service Locations I-32

GSA IT Schedule

Contract GS-35F-0600V

Table of Contents (Continued)

GSA PRICELIST

Section Product or Services II Notebook Computers – LIFEBOOK® Series

III Tablet Computers -- STYLISTIC® Series

IV Mobile Computer Accessories

V Maintenance of Mobile Computer Equipment

VI ETERNUS ®Storage Products and Services

VII PRIMERGY® Products and Services

VIII PRIMEPOWER® Services

IX Interstage® Products and Services

*All products offered are designed for general purpose computing in an office or datacenter environment.

This Schedule Contract Pricelist includes Modifications #: PS-0122 effective June 18, 2018

SPECIAL NOTICE TO AGENCIES

Small Business Participation

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

For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service

(www.gsaadvantage.gov). The catalogs/pricelists, GSA Advantage! and the Federal Acquisition Service Home Page (www.gsa.gov/fas) contain information on a broad array of products and services offered by small business concerns.

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

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

Section I - Terms and Conditions I-6

INFORMATION FOR ORDERING ACTIVITIES APPLICABLE

TO ALL SPECIAL ITEM NUMBER

1. GEOGRAPHIC SCOPE OF CONTRACT

Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S.

Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories.

The Geographic Scope of Contract will be domestic delivery only.

2. CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION

a. Ordering Address b. Payment Address Fujitsu America, Inc. Fujitsu America, Inc.

1250 East Arques Avenue P.O. Box 98821 Sunnyvale, CA 94085 5666 Collections Center Drive Chicago, IL 60693

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

d. Technical and/or Ordering Assistance This schedule offers Mobile and Enterprise computer products and services. Each category has a separate point of contact. The following telephone number(s) can be used by ordering agencies to obtain technical, maintenance ordering assistance, and/or general ordering assistance:

Enterprise Order Management Mobile Order Management And And

Technical Support Technical Support

1250 East Arques Avenue (800) 962-8709 (v) 1250 East Arques Avenue (800) 831-3183 (v)

Sunnyvale, CA 94085 (408) 746-4790 (v) Sunnyvale, CA 94085 (408) 764-9544 (v)

Attn: Order Management (408) 764-2721 (f) Attn: Order Management (408) 764-2720 (f)

M/S 320 M/S 125

FCS_PW_OrderManagement@us.fujitsu.com FAI_OPS_Mobile_OM@us.fujitsu.com mailto:FCS_OPS_Mobile_OM@us.fujitsu.com

Section I - Terms and Conditions I-7

3. LIABILITY FOR INJURY OR DAMAGE

Fujitsu America, Incorporated shall not be liable for any injury to Government personnel or damage to Government property arising from the use of equipment maintained by Fujitsu, unless such injury or damage is due to the fault or negligence of Fujitsu.

4. STATISTICAL DATA FOR GOVERNMENT ORDERING ACTIVITY COMPLETION OF STANDARD FORM 279

a. Information for Field Buying Offices to complete Standard Form 279, Federal Procurement Data System (FPDS) Individual Contract Action Report.

Block 9: G. Order/Modification under Federal Schedule Block 16: DUNS Number: 01-843-1853 Block 30: Type of Contractor: (C) Large Business Block 31: Woman-Owned Small Business: No Block 36: Contractor's Taxpayer Identification Number [TIN]: 77-0554941

b. Cage Code: 1UWJ1 (for DD Form 350) c.. CCR Requirement: Fujitsu has registered with the Central Contractor Registration [CCR] Database.

5. FOB DECLARATION

a. For CONUS sites: FOB Destination

Destination for the 48 contiguous states, District of Columbia, Alaska, Hawaii, and Puerto Rico.

b. For OCONUS FOB Destination to Point of Exportation

Point of Exportation for all other overseas locations. In place of a delivery/installation date for equipment, a shipping date shall be specified on the order. Fujitsu shall pay for shipment to a CONUS APO/FPO or point of exportation.

6. DELIVERY SCHEDULE

a. TIME OF DELIVERY: Fujitsu shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below:

SIN

DELIVERY TIME

(Days ARO) 132-8 30 Days

132-33 30 Days

Special Enterprise configurations may require additional time. These instances will be negotiated and agreed upon between the Ordering Activity and Fujitsu. In no case shall delivery times exceed 180 days ARO.

b. EXPEDITED DELIVERY. Quicker delivery times than those set forth in paragraph (a) above are available from the Fujitsu based on the availability of product inventory. Delivery times of 1-30 days after receipt of order (ARO) are available, as negotiated between the Ordering Activity and the Fujitsu. In most cases Fujitsu Mobile computer products can provide expedited delivery. Customers should call Fujitsu to determine product availability.

Fujitsu agrees to give priority over all nonemergency orders to deliveries for orders which are identified as being in support of disaster recovery for replacement in kind of existing systems that have been destroyed, seriously damaged, or otherwise rendered inoperable.

Section I - Terms and Conditions I-8

c. OVERNIGHT AND 2-DAY DELIVERY. When schedule Customers require overnight or 2-day delivery, ordering activities are encouraged to contact Fujitsu for the purpose of obtaining accelerated delivery. Fujitsu provides overnight and 2-day delivery times subject to the availability of product inventory.

d. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency, agencies are encouraged, if time permits, to contact Fujitsu for the purpose of obtaining accelerated delivery. Fujitsu shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by Fujitsu in writing.) If Fujitsu 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.

7. DISCOUNTS

Prices shown are NET Prices; Basic Discounts have been deducted.

a. Prompt Payment: None

b. Quantity: None

c. Dollar Volume: Yes per Task (Purchase) Order

Range Added

Discount

$250,000 to $375,000 0.75%

$375,001 to $500,000 1.00%

d. Government Educational Institutions: They receive the same discounts as all other government customers.

8. TRADE AGREEMENTS ACT OF 1979, AS AMENDED:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING

Export packing is outside the scope of this contract.

10. SMALL REQUIREMENTS

The minimum dollar value of orders to be issued is $100.

11. MAXIMUM ORDER

Note: All dollar amounts are exclusive of any discount for prompt payment.

a. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:

Special Item Number Description

Maximum Order

132-8 Purchase of Equipment $500,000

132-12 Maintenance of Equipment $500,000

132-33 Perpetual Software $500,000

132-34 Maintenance of Software $500,000

Section I - Terms and Conditions I-9

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS.

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.

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

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

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION 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 responded to promptly by Fujitsu.

13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication."

Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use.

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

13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS):

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED- STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal 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, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001)

(a) Security Clearances: Fujitsu may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

(b) Travel: Fujitsu 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. The Industrial Funding Fee does NOT apply to travel and per diem charges.

(c) Certifications, Licenses and Accreditations: As a commercial practice, Fujitsu may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All

Section I - Terms and Conditions I-10 costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

(d) Insurance: As a commercial practice, Fujitsu 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: Fujitsu 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, Fujitsu’s participation in such order may be restricted in accordance with FAR Part 9.5.

(g) Documentation/Standards: Fujitsu 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 agency’s order.

(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

(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.

(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of Fujitsu having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

15. 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)

16. GSA ADVANTAGE!

GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to:

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

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

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: 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).

Section I - Terms and Conditions I-11

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

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

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

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

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

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

c. The maintenance/repair service provided is the standard commercial terms and conditions for the type of products and/or services awarded.

19. OVERSEAS ACTIVITIES

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

For Mobile Computer products:

Fujitsu products do not require installation. Warranty Maintenance and extended maintenance agreements are provided on a return to depot basis. When equipment is returned to Fujitsu from an overseas destination for warranty maintenance and/or maintenance under an extended warranty agreement, Fujitsu will return equipment to the port of embarkation.

For Enterprise Computer products:

All orders will be accepted by Fujitsu on a case-by-case basis.

Upon request of Fujitsu, the Government may provide Fujitsu 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 Fujitsu technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract.

20. BLANKET PURCHASE AGREEMENTS (BPA)

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the

Section I - Terms and Conditions I-12 ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

21. CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, 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.

22. 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 received 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. 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 applies.

The requisitioning 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 132-8.

23. SECTION 508 COMPLIANCE

I certify that in accordance with 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), FAR 39.2, and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR 1194) General Services Administration (GSA), that all IT hardware/software/services are 508 compliant:

Section 508 compliance information on the supplies and services in this contract are available at:

http://solutions.us.fujitsu.com/www/content/accessibility/index.php

The EIT standard can be found at: www.Section508.gov/

24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of a Federal Agency, shall follow the terms of the applicable schedule and authorization and include with each order:

(a) A copy of the authorization from the Agency with whom Fujitsu has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and

(b) The following statement:

This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

http://solutions.us.fujitsu.com/www/content/accessibility/index.php http://www.section508.gov/

Section I - Terms and Conditions I-13

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

(a) Fujitsu shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, Fujitsu shall notify the Contracting Officer in writing that the required insurance has been obtained. 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 Fujitsu gives written notice to the Contracting Officer, whichever period is longer.

(c) Fujitsu shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. Fujitsu shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY.

Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

27. ADVANCE PAYMENTS

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).

http://www.core.gov/

Section I - Terms and Conditions I-14

TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT

(SPECIAL ITEM NUMBER 132-8)

1. MATERIAL AND WORKMANSHIP

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

2. ORDER

Written orders, EDI orders (GSA Advantage! and FACNET), 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, Fujitsu will be obligated to meet the delivery and installation date specified in the original order.

For credit card orders and BPAs, telephone orders are permissible.

3. TRANSPORTATION OF EQUIPMENT

FOB DESTINATION. Prices cover equipment delivery to destination or port of embarkation, for any locations within the geographic scope of this contract.

4. INSTALLATION AND TECHNICAL SERVICES

a. INSTALLATION.

Fujitsu provides equipment that it considers either self-installable or not self-installable.

For Mobile Computer Products: Fujitsu Mobile equipment listed in this price list is customer installable.

For Enterprise Products: Fujitsu provides Enterprise equipment that it considers either self-installable or not self-installable. When the equipment provided under this contract is not normally self-installable, Fujitsu's technical personnel shall be available to install the equipment at the ordering activity’s location.

b. 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 received 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. 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 applies.

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, deinstallation, and reinstallation services under SIN 132-8.

c. OPERATING AND MAINTENANCE MANUALS.

Section I - Terms and Conditions I-15

Fujitsu shall furnish the Government with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.

d. Technical Services.

Technical services are only available in conjunction with purchase warranty provisions and maintenance service (Special Item Number 132-12).

5. INSPECTION/ACCEPTANCE

Fujitsu shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any equipment that has been tendered for acceptance. The Government may require repair or replacement of nonconforming equipment at no increase in contract price. The Government 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.

6. WARRANTY

Mobile Computer Warranty Provisions

This end-user international limited warranty ("Warranty") is extended by Fujitsu ("Fujitsu") to the original purchaser ("Purchaser") of the Fujitsu product ("Product") accompanied by this Warranty and is not transferable.

Fujitsu warrants the Product against defects in material or workmanship under normal use for the applicable warranty period listed below ("Warranty Period"), beginning from the date of acceptance by Purchaser. If the Product becomes defective during the Warranty Period, Fujitsu will, offer a refund of the purchase price to the purchaser in exchange for return of the product, or, at its option and without charge, either (i) repair the Product with new or reconditioned components or parts, or (ii) replace the Product with a product of the same or functionally equivalent model

The only effective protection for data stored in a computer, such as on a hard disk, is the regular backing up of that data by you, the Purchaser. ASPs shall not be responsible for any software programs, data or other information stored or used on any media or part of any Product returned to Fujitsu for warranty service or other repair including the costs of recovering such programs or data. If during the warranty service or repair of the Product the contents of the hard disk or any other data storage media are altered, deleted, modified or lost, Fujitsu is not responsible. It is solely your responsibility as the Purchaser to back up any software programs, data, or information stored on any storage media or any part of a Product returned for warranty service or repair to Fujitsu.

Warranty Disclaimer and Limitations

FUJITSU WARRANTS THAT THE HARDWARE PRODUCT, PURCHASED FROM FUJITSU OR FROM AN

AUTHORIZED FUJITSU RESELLER BY THE ORIGINAL PURCHASER, IS FREE FROM DEFECTS IN

MATERIALS AND WORKMANSHIP UNDER NORMAL USE. IF THE PRODUCT IS DEFECTIVE IN MATERIALS OR WORKMANSHIP, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A FULL REFUND IN EXCHANGE FOR THE RETURN OF THE PRODUCT, OR REPAIR OR REPLACE AS PROVIDED ABOVE. FUJITSU, SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE OR DATA, LOSS OF PROFITS OR INTERRUPTION OF

BUSINESS, WHETHER SUCH ALLEGED DAMAGES ARE BASED IN WARRANTY, TORT (INCLUDING

NEGLIGENCE AND STRICT LIABILITY, BUT EXCLUDING PERSONAL INJURY), CONTRACT, OR INDEMNITY.

FUJITSU 'S WARRANTY PROGRAM IS VALID ONLY FOR PRODUCT(S) PURCHASED IN NORTH, CENTRAL

AND SOUTH AMERICA.

The screen is warranted under the International Limited Warranty, against defects in materials and workmanship.

However, if the computer screen is accidentally cracked, it must be replaced at the customer's expense. The screen is one of the most complex and technologically advanced components of a portable computer. Screens are not repairable and must be replaced if they are cracked. The replacement costs can approach the total cost of the unit.

Section I - Terms and Conditions I-16

Warranty Periods

For warranty periods, please see pricing pages commencing on page V-1.

Warranty Service

Technical support is available during the warranty period, 24 hours a day, 7 days a week within the US. Customers should call (800) 838-5487 or complete the online contact form to obtain warranty service.

www.us.fujitsu.com/support

Fujitsu will perform Remote Diagnostic Testing by accessing your notebook via modem. If it is determined that your Fujitsu product must be repaired at a Fujitsu facility, the product should be sent to the Fujitsu Central Repair Depot to effect under warranty repairs. Fujitsu will issue a RMA # for the return to depot warranty repair. Product should be sent to:

5170 Raines Road Memphis, Tennessee 38118

b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, Fujitsu will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

d. If inspection and repair of defective equipment under this warranty will be performed at Fujitsu plant, the address is as follows:

7. PURCHASE PRICE FOR ORDERED EQUIPMENT

The purchase price that the Government will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.

8. RESPONSIBILITIES OF FUJITSU

Fujitsu shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer.

9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT

When an agency determines that Information Technology equipment will be replaced, the agency shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).

http://www.us.fujitsu.com/support

Section I - Terms and Conditions I-17

TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR

SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY

PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY

PROVISIONS) AND FOR LEASED EQUIPMENT

(SPECIAL ITEM NUMBER 132-12)

1. SERVICE AREAS

When maintenance services cannot be performed at the Ordering Activity installation site, the maintenance services will be performed at Fujitsu's plant(s) listed below:

For Mobile Computer Products The maintenance service rates listed herein are applicable to any Ordering Activity location as all extended warranty service is performed on a return to depot basis.

For Enterprise Computer Products

The maintenance and repair service rates listed herein are applicable to any Ordering Activity location within a fifty (50) mile radius of the FSCS's Authorized Service Locations. Uplift charges to the Monthly Maintenance Charge (MMC) shall apply to Maintenance Plans for locations beyond a fifty (50) mile radius of FSCS’s Authorized Service Locations (see listing), as stated in paragraph 8.d of this Special Item Number 132-12.

2. MAINTENANCE ORDER

a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. Fujitsu shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132-12). Automatic acceptance of order renewals for maintenance service shall apply for machines less than five years old which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by Fujitsu as prescribed by this paragraph, the order shall be considered to be confirmed by Fujitsu.

b. Fujitsu shall honor orders for maintenance for the duration of the contract period or a lesser period of time, for the equipment shown in the price list. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period.

c. Maintenance may be discontinued by the Ordering Activity on thirty (30) calendar days written notice, or shorter notice when agreed to by Fujitsu; such notice to become effective thirty (30) calendar days from the date on the notification.

However, the Ordering Activity may extend the original discontinuance date upon written notice to Fujitsu, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date.

d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period.

Section I - Terms and Conditions I-18

e. Cross-year Funding Within Contract Period. Where an ordering activities’ 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.

f. Ordering activities should notify Fujitsu in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period.

3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS

Not available under the scope of this contract.

4. LOSS OR DAMAGE

For Mobile Computers

Fujitsu provides return to depot warranty service. When Fujitsu receives the equipment at its Repair Depot, Fujitsu shall be responsible for any damage or loss, from the time the equipment received from the Ordering Activity installation, until the equipment is returned to such installation.

5. SCOPE

a. Fujitsu shall provide maintenance for all equipment listed herein, as requested by the Ordering Activity during the contract term.

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 Fujitsu, 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 Fujitsu, if the equipment was under Fujitsu’s guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.

6. 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 Fujitsu.

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.

e. For Enterprise Products, the Ordering Activity shall provide adequate storage space and adequate working space including heat, light, ventilation, electric current and outlets for use of the FSCS’s maintenance personnel. These facilities shall be within a reasonable distance of the equipment to be serviced and shall be provided at no charge to Fujitsu.

7. RESPONSIBILITIES OF THE CONTRACTOR

a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required.

b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor

Section I - Terms and Conditions I-19

8. MAINTENANCE RATE PROVISIONS

For the Mobile Computer Product Line:

a. Fujitsu shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the Ordering Activity.

b. The basic monthly rate for each make and model of equipment shall entitle the Ordering Activity to maintenance service as per the standard warranty. Extended warranty services are available under this contract. The Extended warranty plans begin immediately after the expiration of the original warranty. All service plans include the following:

1. Technical support is available to customers with extended warranty contracts, 24 hours a day, 7 days a week within the US and to overseas destinations.

2. Fujitsu will be telephonically available to assist the end user in determining the level of service required to repair the client’s Fujitsu Mobile computer. If it is determined that the client’s Fujitsu product must be repaired at a Fujitsu facility, the product should be sent to the Fujitsu Central Repair Depot to effect under warranty repairs.

Fujitsu will issue RMA # for the return to depot warranty repair. Product should be sent to:

Customers should call (800) 838-5487 or complete the online contact form to obtain warranty service.

www.us.fujitsu.com/support

3. Fujitsu makes an online self diagnostic program available to customers. In addition, a live online feature is available to provide immediate direct support.

c. Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by an

Ordering Activity are indicated below:

Quantity Range Discounts None None

For the Enterprise Computer Product Line:

a. Fujitsu shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the Ordering Activity.

b. REGULAR HOURS. The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a specific principal period of maintenance, based on the Maintenance Plan ordered by the ordering activity, exclusive of holidays observed at the ordering activity location.

c. AFTER HOURS. Not available under the scope of this contract.

d. QUANTITY DISCOUNTS. None.

e. OPTIONAL MAINTENANCE PLANS.

The maintenance plans are available to the ordering activity: [ See next page] http://www.us.fujitsu.com/support

Section I - Terms and Conditions I-20

Section I - Terms and Conditions I-21

PREMIUM

Telephone support hotline: 1-800-962-8709.

Telephone support coverage hours: 7x24x365.

Call-back response: Live transfer.

On-site coverage hours: 7x24x365

On-site repair response: (severity levels defined below).

Severity 1: 2 hours for sites within 50 mile radius of an authorized service location.

For a listing of Authorized Service Locations please see the Authorized Service Locations section of this Pricelist.

Severity 2: 4 hours.

Severity 3: Next Business Day.

Parts Delivery within 24 hours of identification of failing part.

Enhanced

Telephone support coverage hours: 7x24x365.

Call-back response: (severity levels defined below).

Severity 1: Live transfer.

Severity 2: 2 hours.

Severity 3: 4 hours.

On-site coverage hours: M-F, 8AM-8PM local time, excluding holidays.

On-site repair response:

Severity 1: 4 hours.

Severity 2 & 3: Next Business Day.

Basic

Telephone support coverage hours: M-F, 8AM8PM local time, excluding holidays.

Call-back response: (severity levels defined below).

Severity 1: Live transfer.

Severity 2: 2 hours.

Severity 3: 4 hours.

On-site coverage hours: M-F, 8AM-5PM local time, excluding holidays.

On-site repair response:

Severity 1: 4 hours.

Severity 2 & 3: Next Business Day.

Section I - Terms and Conditions I-22

Enterprise Maintenance Plan Definitions

Level Severity State

1 Equipment is Down, a business outage

2 A serious problem, but impaired production can proceed.

3 An important problem that does not affect production.

Term Definition

Business Hour 8 AM to 5 PM, Local Time, Monday through Friday.

Local Time the official time in the region where the product is located

f. MAINTENANCE PLANS Upgrades

Upgrades from warranty service to Basic, Enhanced, and Premium Maintenance Plans set forth under Special Item Number 132-12 are available to the ordering activity during the warranty service period for the additional monthly charges set forth in the Enterprise Maintenance Pricelist.

9. REPAIR SERVICE RATE…