Federal Supply Schedule GS35F4076D

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AUTHORIZED FEDERAL ACQUISITION SERVICE

INFORMATION TECHNOLOGY SCHEDULE PRICELIST

GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY

EQUIPMENT, SOFTWARE AND SERVICES

Special Item 132-3 Leasing of Product Special Item 132-8 Purchase of Equipment Special Item 132-12 Maintenance, Repair Service and Repair Parts/Spare Parts Special Item 132-32 Term Software Licenses Special Item 132-33 Perpetual Software Licenses Special Item 132-34 Maintenance of Software Special Item 132-50 Training Courses Special Item 132-51 Information Technology Professional Services

SIN 132-3 LEASING OF PRODUCT

SIN 132-8 PURCHASE OF EQUIPMENT

FSC CLASS 7010 - SYSTEM CONFIGURATION

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

FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES

Printers Display Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens Network Equipment Other Communications Equipment Optical Recognition Input/Output Devices Storage Devices including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage Other Input/Output and Storage Devices, Not Elsewhere Classified

FSC Class 7042 - MINI AND MICRO COMPUTER CONTROL DEVICES Microcomputer Control Devices Telephone Answering and Voice Messaging Systems

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SIN 132-12 - MAINTENANCE OF EQUIPMENT, REPAIR SERVICE, AND REPAIR PARTS/SPARE

PARTS

FSC/PSC Class J070 - Maintenance and Repair Service)(Repair Parts/Spare Parts - See FSC Class for basic equipment)

Maintenance Repair Service Repair Parts/Spare Parts Third Party Maintenance

SIN 132-32 – TERM SOFTWARE LICENSES

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 does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service – which is categorized under a difference SIN (132-34).

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers

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

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

NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interfaces 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 database.

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SIN 132-33 - PERPETUAL SOFTWARE LICENSES

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 does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service.

FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE

Large Scale Computers

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

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

SIN 132-34 - MAINTENANCE OF SOFTWARE

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.

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SIN 132-50 - TRAINING COURSES FOR INFORMATION TECHNOLOGY EQUIPMENT AND

SOFTWARE (FPDS Code U012)

SIN 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES

FPDS Code D301 IT Facility Operation and Maintenance FPDS Code D302 IT Systems Development Services FPDS Code D306 IT Systems Analysis Services FPDS Code D307 Automated Information Systems Design and Integration Services FPDS Code D308 Programming Services FPDS Code D310 IT Backup and Security Services FPDS Code D311 IT Data Conversion Services FPDS Code D313 Computer Aided Design/Computer Aided Manufacturing (CAD/CAM)

Services FPDS Code D316 IT Network Management Services FPDS Code D317 Creation/Retrieval of IT Related Automated News Services, Data

Services, or Other Information Services (All other information services belong under Schedule 76)

FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: Offerors and Agencies are advised that the Group 70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision or implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents.

Dell Marketing L.P.

One Dell Way

Round Rock, Texas 78682

(800) 727-1100

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

Contract Number: GS-35F-4076D

Contract Period: April 1, 1996 - March 31, 2016 General Services Administration

Federal Acquisition Service

Products and ordering information in this Authorized Information Technology Schedule Price List are also available on GSA Advantage! (http://www.gsaadvantage.gov)

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TABLE OF CONTENTS

Information For Ordering Offices Applicable to all Special Item Numbers 6 Terms and Conditions Applicable to Leasing of Equipment and Software (132-3) 16 Terms and Conditions Applicable to Purchase of Equipment (132-8) 27 Terms and Conditions Applicable to Repair Service and Repair Parts (132-12) 32 Terms And Conditions Applicable To Term Software Licenses (132-32), Perpetual Software Licenses (132-33) And Maintenance Of General Purpose Commercial Information Technology Software (132-34)

Terms and Conditions Applicable to Purchase of Classroom Training of General Purpose Automatic Data Processing Equipment and Software (132-50)

Terms and Condisitons Applicable to Purchase of Information Technology (IT) Professional Services (132-51)

Warranty Codes 51 USA Commitment To Promote Small Business Participation Procurement Programs 52 BPA Sample 53 Teaming Agreement 56

Appendix A Dell Enterprise License Agreement 57 Appendix B Customer Master Services Addendum 58 Appendix C Price List 61 Appendix D Optional Supplemental Lease Terms 62

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INFORMATION FOR ORDERING OFFICES

SPECIAL NOTICE TO AGENCIES:

Small Business Participation. SBA strongly supports the participation of small business concerns in the Federal Supply Schedules 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 Federal Supply Schedules, 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.gsaadvanta.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 offices 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.

1. GEOGRAPHIC SCOPE OF CONTRACT

The geographic scope of this contract is worldwide.

2. ORDERING AND PAYMENT ADDRESSES

ORDERING ADDRESS

Dell Marketing, L.P.

One Dell Way Building 8, Box 26 Round Rock, TX 78682

PAYMENT ADDRESS

Standard Remittance Address: Overnight Mail Remittance Address:

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

P.O. Box 676021 Box 676021 Dallas, TX 75267-6021 1200 East Campbell Rd, Suite 108.

Richardson, TX 75081

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Wire Transfer Information Payee/Company Information Financial Institution Information Dell Marketing L.P. PNC Bank 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.

Tax ID: 74-2616805 c/o Dell USA L.P.

Bank Contact: 800-762-9473

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

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 per with paragraph 7.d.

Contact information Ordering offices may obtain technical and/or ordering assistance at: Voice (800) 456-3355 / 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 15 Schedule 70 contractors who hold Dell GSA Letters of Supply and participate in Cooperative Purchasing. State and local government ordering offices may contact Dell’s GSA Schedule Point of Contact listed on the GSA eLibrary 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.

3. LIABILITY FOR INJURY OR DAMAGE

The Contractor 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.

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF

STANDARD FORM 279

Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 877936518 Block 30: Type of Contractor: C. Large Business Block 31: Woman-Owned Small Business: No Block 37: Contractor's Tax Identification Number (TIN): 74-2616805 Block 40: Veteran Owned Small Business (VOSB): No

a. Cage Code: 3DMD3

b. Contractor is registered in SAM (System for Award Management, www.sam.gov).

mailto:Fed_Reseller_Admin@dell.com

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5. FOB POINT

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).

Outside the U.S. (OCONUS):

Deliveries via APO/FPO - Origin (i.e. the CONUS-located Army or Fleet Post Office)

Other deliveries - as agreed between the ordering office and Dell. Shipping charges will be separately quoted, and agreed upon between the ordering office and Dell.

6. DELIVERY SCHEDULE

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

ITEMS OR GROUPS CONUS DELIVERY TIME OCONUS SHIPPING

OF ITEMS (SIN) (DAYS ARO) TIME (DAYS ARO)

132-3 5 – 120* 5 – 120* 132-8 5 – 120*/** 5 – 120* 132-12 5 – 120* 5 – 120* 132-32 5 – 120* 5 – 120* 132-33 5 – 120* 5 – 120* 132-34 5 – 120* 5 – 120* 132-50 5 – 120* 5 – 120* 132-51 5 – 120* 5 – 120*

*Or as otherwise negotiated between the ordering office and Dell Marketing L.P. Please refer to paragraph 10 in the SIN 132-8 Section below for additional delivery options.

i. EXPEDITED DELIVERY TIMES. For those items that can be delivered quicker than the delivery times in paragraph (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 office request.

ii. OVERNIGHT AND 2-DAY DELIVERY TIMES. Ordering offices may require overnight or 2-day delivery, which is available within the U.S. only. Dell generally does not build hardware products to inventory; rather, Dell custom configures products as orders are received. Once the product is built, overnight or 2-day delivery is available for an expedite fee that is negotiated at the time of customer request. Dell is not required to provide, and

10107_dell(fed)_2014-08_gsa_itsp_v24 Page 9 the paying office shall not require, documentation to substantiate the fee for expedited delivery that Dell and the ordering office have previously agreed upon.

iii. INSIDE DELIVERY. Ordering offices may require inside delivery. Inside delivery is available within the U.S. only. Additional charges, if any will be negotiated at the time of customer request.

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

7. DISCOUNTS AND PAYMENT TERMS

a. PRICES. Prices listed herein are net; discounts have already been deducted.

b. Unless the ordering office and Dell have agreed to a different discount, Dell’s standard pricing policy for Dell-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system.

c. SPECIAL PRICING. Ordering offices are encouraged to compete their large requirements among GSA FSS Schedule 70 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.

d. PAYMENT TERMS:

i. Net 30 days from receipt of invoice or completion of acceptance, whichever is later

– payment by check or EFT. Net 30 days invoices are payable by credit card upon payment by the customer of a two percent (2%) finance charge, to compensate Dell for the charge Dell must pay the credit card processing financial institution. Notwithstanding the forgoing, if a Net 30 invoice is paid by credit card upon receipt of the hardware, the finance charge does not apply.

ii. Credit card payments are accepted provided billing is authorized at the time of shipment. Dell does not offer my additional discount for their use. No Finance Charge is assessed where Dell is authorized to charge the credit card at the time of shipment.

e. GOVERNMENT EDUCATIONAL INSTITUTIONS: Government Educational Institutions are offered the same discounts as all other Government customers.

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8. TRADE AGREEMENTS ACT OF 1979, AS AMENDED

Dell’s information technology products (e.g., notebooks, desktops, workstations, servers, and data storage equipment, etc.) comply with the Trade Agreements as specified in FAR §52.225-5. Dell integrates or bundles peripherals, (e.g., monitors, keyboards, mice, etc.) that may not comply with the Trade Agreements, with Dell’s information technology products to form information technology systems. Dell also offers replacement parts (i.e., customer kits) and spare parts that may not comply with the Trade Agreements for integration into Dell information technology products and systems. Dell bases its Trade Agreements certification for bundled peripherals and for replacement parts and spare parts on the country of origin of the Dell information technology product within the system. 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.

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING

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.

10. SMALL REQUIREMENTS

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

MAXIMUM ORDER (THRESHOLD AT WHICH DELL WILL REVIEW FOR SPECIAL PRICING)

132-3 – Leasing of Product 132-8 – Purchase of Equipment 132-12 – Maintenance of Equipment, Repair Service, and Repair Parts/Spare Parts 132-32- Term Software Licenses 132-33 – Perpetual Software Licenses 132-34 – Maintenance of Software 132-51 – Information Technology (IT) Professional Services

b. The Maximum Order value for the following Special Item Numbers (SINs) is $25,000:

132-50 – Training Courses

11. 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.

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13. 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 responded to promptly by the Contractor.

a. FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS):

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

b. FEDERAL TELECOMMUNICATIONS STANDARDS (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 2003)

a. SECURITY CLEARANCES: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. As Dell Marketing L.P. does not hold a U.S. Government Facility Security Clearance (“FSC”), in event clearances are required, the Contractor will establish a Contactor Teaming Agreement with its affiliate Dell Federal Systems L.P., which holds and FSC (Schedule 70 contract number GS-35F-0884P). All costs associated with providing individuals who posess the appropriated level of security clearance will be negotiated with the ordering office on an individual task/delivery order basis.

b. TRAVEL: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders

10107_dell(fed)_2014-08_gsa_itsp_v24 Page 12 placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges.

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

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

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

f. ORGANIZATIONAL CONFLICTS OF INTEREST: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5, in the event a mitigation plan is unable to be agreed upon between the order office and the contractor.

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

h. DATA/DELIVERABLE REQUIREMENTS: Any required data/deliverables at the ordering level will be as specified or negotiated in the 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. Contractor does not maintain a Government approved property management system.

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

15. CONTRACT ADMINISTRATION FOR ORDERING OFFICES.

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

10107_dell(fed)_2014-08_gsa_itsp_v24 Page 13 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 access to vendors' schedule prices with ordering information. GSA Advantage! allows the user to perform various searches across all contracts including, but not limited to:

a. Manufacturer;

b. Manufacturer's Part Number; and

c. Product Categories.

Agencies may browse GSA Advantage! at http://www.gsaadvantage.gov

17. PURCHASE OF INCIDENTAL, NON-SCHEDULE ITEMS

a. 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).

b. 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-

i. 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));

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

iii. The items are clearly labeled on the order as items not on the Federal Supply

Schedule; and

iv. 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 for the entire schedule contract:

i. Time of delivery/installation quotations for individual orders;

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ii. 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.

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

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

19. OVERSEAS ACTIVITIES

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:

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

b. Upon request of the Contractor, the Government, on a reimbursable basis, may provide the Contractor 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 the contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract.

c. The Contractor agrees to accept orders for maintenance (On-Site Service) of equipment where Contractor maintains the capability of performing such maintenance. As conditions are subject to change, ordering offices should check with their Dell Sales Representative or review Dell’s OCONUS International Service and Support home page at:

http://www.dell.com/learn/us/en/rc1009777/fed-solutions-oconus

Transportation of equipment to and from the specified service area and responsibility for loss or damage that occurs during transit is the responsibility of the Government.

20. BLANKET PURCHASE AGREEMENT (BPAs) 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 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 GSAM Clause 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.

http://www.dell.com/learn/us/en/rc1009777/fed-solutions-oconus

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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 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. 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, de-installation, and reinstallation services under SIN 132-8.

23. 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. Please contact your Dell Sales Representative for specific VPATS, or visit Dell’s Regulatory Compliance page on Dell.com.

24. ELECTRONIC GSA INFORMATION

Dell's GSA Terms and Conditions, as well as Dell’s GSA product and pricing, are available on the Dell Federal Government Home Page. Dell also offers company and product information to any person who has access to the World Wide Web. The Dell Federal Government page may be accessed at: http://www.dell.com/federal. 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

25. PRODUCT SUBSTITUTIONS

Dell may make product substitutions either to base systems, internal system components, options or external peripherals as long as the substitute item is the same or better technology at the same or lower price. Delivery order modifications will not be required. The invoice will reflect the actual product shipped NOT the product ordered. To affect administrative savings to the Government, paying offices are instructed to make payments in accordance with this paragraph without requiring a delivery order modification. The following note will appear on the invoice.

In accordance with the Product Substitution paragraph in the contract, Dell has substituted a product on this order. The substitution is the same or better technology at the same or lower price.

http://www.dell.com/us/en/fed/default.htm

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26. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES.

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

a. A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the 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.”

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

a. The Contractor 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, the Contractor 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—

i. For such period as the laws of the State in which this contract is to be performed prescribe; or

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

c. The Contractor 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. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

28. 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

29. ADVANCE PAYMENTS

Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324).

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TERMS AND CONDITIONS APPLICABLE TO

LEASING OF GENERAL PURPOSE COMMERCIAL

INFORMATION TECHNOLOGY PRODUCTS

(SPECIAL ITEM NUMBER 132-3)

**NOTE: Under SIN 132-3 Leasing of Products, there are two sets of terms and conditions. Option 1 does not contain a cancellation clause and all leases automatically expire on September 30th or sooner. Option 2 contains a cancellation clause, in which the fee must be in accordance with applicable legal principles. Contractor is offering both options. **

LEASE TYPES

The ordering activity will consider proposals for the following lease types:

a. Lease to Ownership;

b. Lease with Option to Own, and

c. Step Lease.

Orders for leased products must specify the leasing type.

OPTION 1:

1. STATEMENT

a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a lease arrangement. Unless the ordering activity intends to obligate other than annual appropriations to fund the lease, the base period of the lease is from the date of the product acceptance through September 30 of the fiscal year in which the order is placed.

b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 Product Lease or Purchase and OMB Circular A-11. Agencies are responsible for the obligation of funding consistent with all applicable legal principles when entering into any lease arrangement.

2. FUNDING AND PERIODS OF LEASING ARRANGEMENTS

a. Annual Funding. When annually appropriated funds are cited on an order for leasing, the following applies:

i. The base period of an order for any lease executed by the ordering activity shall be for the duration of the fiscal year. All ordering activity renewal options under the lease shall be specified in the delivery order. All orders for leasing shall remain in effect through September 30 of the fiscal year or the planned expiration date of the lease, whichever is earlier, unless the ordering activity exercises its rights hereunder to acquire title to the product prior to the planned expiration date or unless the ordering activity exercises its right to terminate under FAR 52.212-4. Orders under the lease shall not be deemed to obligate succeeding fiscal year’s funds or to otherwise commit the ordering activity to a renewal.

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ii. All orders for leasing shall automatically terminate on September 30, unless the ordering activity notifies the Contractor in writing thirty (30) calendar days prior to the expiration of such orders of the ordering activity’s intent to renew. Such notice to renew shall not bind the ordering activity. The ordering activity has the option to renew each year at the original rate in effect at the time the order is placed. This rate applies for the duration of the order. If the ordering activity exercises its option to renew, the renewal order, shall be issued within 15 days after funds become available for obligation by the ordering activity, or as specified in the initial order. No termination fees shall apply if the ordering activity does not exercise an option.

b. Crossing Fiscal Years Within Contract Period. Where an ordering activity has specific authority to cross fiscal years with annual appropriations, the ordering activity may place an order under this option to lease product for a period up to the expiration of its period of appropriation availability, or twelve months, whichever occurs later, notwithstanding the intervening fiscal years.

3. DISCONTINUANCE AND TERMINATION

Notwithstanding any other provision relating to this SIN, the ordering activity may terminate products leased under this agreement, at any time during a fiscal year in accordance with the termination provisions contained in FAR 52.212-4. (l) Termination for the ordering activity’s convenience, or (m) Termination for cause. Additionally, no termination for cost or fees shall be charged for non-renewal of an option.

OPTION 2

To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower discounts/prices based on the ordering activity’s stated intent to fulfill the projected term of a lease including option years, while at the same time including separate charges for early end of the lease, the following terms apply. These terms address the timing and extent of the ordering activity’s financial obligation including any potential charges for early end of the lease.

1. LEASING PRICE LIST NOTICE

Contractors must include the following notice in their contract price list for SIN 132-3:

“The ordering activity is responsible for the obligation of funds consistent with applicable law.

Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease.”

2. STATEMENT OF ORDERING ACTIVITY INTENT

a. The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order (the “Lease Term”). In that regard, the ordering Activity, as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering Activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a

10107_dell(fed)_2014-08_gsa_itsp_v24 Page 19 delivery order which shall, either through a statement of work or other attachment, specify the product being leased, and the required terms of the transaction.

b. Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated. Contractor may request information from the ordering activity concerning the essential use of the products.

3. LEASE TERM

a. The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur, the products must operate in accordance with the product’s published specifications and statement of work. Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the ordering activity and the Contractor.

b. Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order, which is typically 12 months, or for the remainder of the fiscal year. Pursuant to FAR 32.703-3(b), delivery orders with options to renew that are funded by annual (fiscal year) appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement (DFAR) 232.703-3(b) in determining whether to use cross fiscal year funding. This cross fiscal year authority does not apply to multi-year leases.

c. The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders, whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year (unless extended by statute), through any earlier expiration date specified in the delivery order, or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date. The ordering activity, at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds. The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis.

d. Where an ordering activity’s specific appropriation or procurement authority provides for contracting beyond the fiscal year period, the ordering activity may place a delivery order for a period up to the expiration of the Lease Term, or to the expiration of the period of availability of the multi-year appropriation, or whatever is appropriate under the applicable circumstance.

4. LEASE TERMINATION

a. The ordering activity must elect the Lease Term of the relevant delivery order. The Contractor (and assignee, if any) will rely on the ordering activity’s representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein.

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i. The ordering activity may terminate or not renew leases under this option at no cost, pursuant to a Termination for Non-Appropriation as defined herein (see paragraph (c) below). In any other event, the ordering activity’s contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs (l) and (m).

ii. The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease (see paragraph (d) below). In the event of termination for the convenience of the ordering activity, the ordering activity may be liable only up to the amount beyond the order’s Termination Ceiling. Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement.

b. Termination for Convenience of the Ordering Activity: Leases entered into under this option may not be terminated except by the ordering activity’s contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (l), Termination for Convenience of the ordering activity. The costs charged to the ordering activity as the result of any Termination for Convenience of the ordering activity must be reasonable and may not exceed the sum of the fiscal year’s payment obligations less payments made to date of termination plus the Termination Ceiling

c. Termination for Non-Appropriation: The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term.

Nevertheless, the ordering activity’s contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if (a) it no longer has a bona fide need…