Cities Index.
Agenda packet

Montebello City Council
June 14, 2023

Document
Agenda packet
Meeting
June 14, 2023
Body
Montebello City Council
Pages
1,278
Original file
97.8 MB
Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 66 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
product/service management, inventory control, shipping, customer service, returns management, and receiving computers and related technologies (excluding the office, cafeterias, and lessee areas).

A Powerful E-Rate Partner
CDW•G is proud to have participated in E-Rate Projects for Category 2 since 1998, when our company was founded. During that time, we have been awarded over in total equipment delivered to schools throughout the United States. Due to our streamlined and best-practice system of checks and balances, we have never lost funding for a school, as substantiated by countless audits. Our dedicated E-Rate invoice team ensures expert handling of both BEAR and SPI E-Rate invoicing.

E-Rate Program Management
David White, Program Manager, and Amy Passow, E-Rate Specialist, offer public sector entities their knowledge, assistance, and advisement on E-Rate matters, including but not limited t
o Program compliance and adherence. Mr. White prepares contract deliverable reports and m
akes modifications, as necessary, including price reductions, additions, discontinued products, replacements, and version changes. He ensures that price and supply agreements are in place f
rom award through completion and that the E-Rate bidding, ordering, invoicing, and funding are al
l seamless and easy for entities to complete.

Ms. Passow ensures CDW•G is working with E-Rate applicants in compliance with rules and regulations throughout the process. She advises on the appropriate engagement before and after Form 470 filings and works with our operations teams to ensure E-Rate ordering, invoicing, and delivery are compliant; additionally, Ms. Passow assists applicants with PIA reviews and preparation of Item 21 Forms as part of the Form 471 process. vii. D
escribe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.

As of the date of submission, and to CDW•G's knowledge and belief, CDW•G is not currently involved in any litigation involving customers, competitors, or employees which, if adversely adjudicated, would have a material adverse impact on CDW•G’s ability to perform its obligations under an awarded contract.

As of the date of submission, and to the best of our knowledge and belief, CDW•G has not filed a petition for bankruptcy or reorganization due to financial hardship.

Page 473 of 1278 ends

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 67 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
References
viii. Provide a minimum of 10 customer references relating to the products and services within this RFP.

Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.

Page 474 of 1278 ends

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 68 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021

Page 475 of 1278 ends

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 69 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021

Page 476 of 1278 ends

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 70 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
ix. P
rovide any additional information relevant to this section.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 71 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
Tab 5 – Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance a
nd add value to the Contract.

As demonstrated by this response to Region 4 ESC’s Technology Solutions, Products and Services RFP, CDW•G is fully capable of completing and managing the Scope of Work in this new contract. We are confident in this because we have been successfully managing the Region 4 ESC contract (R160201) for the last 5 years. By awarding CDW•G this new contract, Region 4 ESC will have a seamless, no interruption transition from the current contract. The team currently in place will remain in place to serve Region 4 ESC, which means our team is already familiar and accustomed to working with of Region 4 ESC. CDW•G also held the National IPA contract before it became OMNIA, giving our teams more foundation and experience.

In addition to the current Technology Solutions, Products and Services contract, CDW•G currently holds and manages a total cloud solutions contract (R0107100) for Region 4 ESC

Page 478 of 1278 ends

Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 72 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
Tab 6 – Additional Required Documents
(Appendix C)
a. A
cknowledgement and Acceptance of Region 4 ESC’s Open Records Policy Appendix C, Doc #1
b. Antitrust Certification Statement (Appendix C, Doc #2) c. Implementation of House Bill 1295 Certificate of Interested Parties (Appendix C, Doc #3)
d. Texas government Code 2270 Verification Form (Appendix C, Doc #4) e. Any additional agreements Offeror will require Participating Agencies to sign

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A
ppendix C, Doc #1

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

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

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

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

C
heck one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:

We acknowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.

We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.
(
Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.)

Date Authorized Signature & Title
01/15/2021

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CDW-G Statement of Confidentiality
The information contained within CDW -G’s proposal is protected commercial and financial information belonging to CDW-G and the release of such information would harm CDW-G’s proprietary interests. CDW has spent the last 3 0+ years refining its customer pricing, customer base, customer development and partner relationships. The internal development of information and strategy is at the heart of what makes CDW-G competitive with its customers. To reveal this information to CDW -G’s competitors would cause CDW-G irreparable and substantial competitive harm.

Notwithstanding ESC Region 4’s expectation that price would not be determined confidential, CDW -G’s understanding of prior Texas Attorney General decisions suggests otherwise. The Attorney General, through his review of Texas Supreme Court rulings, has determined that Section 552.104(a) of the Texas Government Code provides protection of price information. In addition to CDW -G’s price strategy and offer to ESC Region 4, CDW-G believes the following to similarly be exempt from disclosure:

Response Page No. Rationale
7 Detailed login instructions for ESC Region 4 members to retrieve downloadable copies of pricing files.
35 Value of CDW-G’s inventory positions is confidential and offers a competitive advantage to CDW-G.
41 CDW-G employee personal information/contact information 48-49 CDW-G employee personal information/contact information 52 CDW-G’s top OMNIA accounts is confidential customer information not made publicly available.
56 CDW-G’s logistics and performance metrics is confidential information used to provide CDW-G a competitive advantage. 62 Value of CDW-G’s inventory positions is confidential and offers a competitive advantage to CDW-G.
64-65 CDW-G employee personal information/contact information 66 Confidential financial information not released to the public. 67-70 CDW-G customer references are confidential as the secrecy of the information allows CDW-G to maintain a competitive advantage.

Page 481 of 1278 ends

Version April 13, 2020
Appendix C
, Doc #2

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

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

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

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

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

Company Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
CDW Government LLC
230 N. Milwaukee Ave
Vernon Hills, IL 60061
David Hutchins
Vice President, Strategic Programs
Pam Janutolo
Manager, Proposal Teams
847.371.5800
847.465.6800

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Appendix C, DOC # 3
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.

Filing Process:

Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency wit h which the business entity is entering into the contract.

The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business.

A certificate will stay in the pending state until it is acknowledged by the governmental agency.

Only acknowledged certificates are posted to the commission’s website.

Electronic Filing Application: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf Appendix C, DOC # 4
T
exas Government Code 2270 Verification Form

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T
o Whom It May Concern,
CDW Government LLC is a publicly traded entity under its parent company (Stock Ticker:

CDW).

Due to the new rules executed by the State of Texas on 01/01/2018, the Form 1295 is no longer applicable to CDW Government LLC.

Please visit the following website for more information. https://www.ethics.state.tx.us/whatsnew/FAQ_Form1295.html#Who_Is_Interested_Party SECTION 7 - # 4

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House Bil
l 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.

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

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

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

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

I swear
and affirm that the above is true and correct.
______________________________________________ ________________ Signat
ure of Named Authorized Company Representative Date
David Hutchins
CDW Government LLC
01/15/2021

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SA Version 2020 03 05
ST

AGING/BUY AND HOLD AGREEMENT
T
his STAGING/BUY AND HOLD AGREEMENT (“Agreement”) is made as of the _____ day of [Month], Year (the “Effective Date”) by and between CDW Government, LLC (“Seller”) and ____________ (“Customer”).

STAGING MANAGEMENT.

Seller and Customer (each, a “ Party”, together , the
“Parties”) agree to work together to manage Seller’s storage and distribution (“Staging”) of certain products purchased which may receive configured Services such as asset
tagging, hardware installation, software imaging,
customization with VPN and kitting with custom packaging (“Configuration Services”) purchased separately by
Customer from Seller, specified hereunder (“Staged
Products”).

Section 1. INTERPRETATION.

Notwithstanding anything to the contrary specified in any Seller-issued quote or Customer-issued Staging/Buy and
Hold Authorization Order (defined herein), the Parties agree that all such quotes and Staging/Buy and Hold Authorization Orders shall be governed solely by the terms and conditions of this Agreement; provided that Customer’s purchase of Staged Products from Seller (including without limitation payment, invoicing and return privilege terms) shall be governed by Seller's “Terms and Conditions of Produ ct
Sales and Service Projects” specified at www.cdw.com
unless Seller and Customer have signed a separate
agreement to govern such product sales prior to the Effective Date (in either case, the “Product Agreement”). In the event of a conflict between the Product Agreement and this
Agreement, the provisions of this Agreement shall prevail.

Section 2. SELLER STAGING.

2.1 All Staged Products must be listed on a
Staging/Buy and Hold Authorization Order (“ SAO”)
executed between the parties, that is substantially in the form of Exhibit A attached hereto. Seller shall store the Staged Products on behalf of Customer at Seller’s warehouse
located at [CDW Warehouse], (“Seller’s Warehouse”). The Parties will execute SAO’s in numerical order, beginning with “ A-1”. Any change to the SAO shall be under the terms and conditions specified on a Staging/ Buy and Hold Authorization Order Addendum (“SAOA”) that is
substantially in the form of Exhibit B attached hereto .

Except as otherwise specified in the applicable SAOA,
Customer will be financially responsible to Seller for any and all Seller costs associated with changes to a SAO. Such additional Seller costs may include, but are not limited to, custom configurations, handling, release date changes,
warehousing and shipping charges.

2.2 Staged Products which are known by Seller to be
defective, OEM deemed end of life or DOA during delivery to or at the Staging Location, will be replaced by Seller at no additional cost to Customer. No change to the SAO or
signed amendment will be re quired for replacement s by Seller pursuant to his Section and Seller will notify
Customer’s contact via email.

2.3 To the best of Customer’s knowledge, any
configuration, asset tagging, imaging, or like Services to be performed by Seller on the Staged Prod ucts have been
finalized, as evidenced by Customer’s initials in the correct box below:

T
he Staged Products [CHOOSE] have Configuration
Services performed.

S
ection 3. OWNERSHIP.

As between Seller and Customer, o wnership of, and title to the Staged Product s will transfer from Seller to Customer upon delivery of the St aged Products to the designated staging location (“Staging Location ”) within Seller’s
Warehouse. Customer obtains a special property right and insurable interest in such Staged Products under UCC § 2- 501. Customer a cknowledges and agrees that any
manufacturer warranty period for the Staged Products will begin on the date of Seller’s invoice.

S
ection 4. SALES TAX.

As set forth above, ownership of and title to the Staged Products will transfer from Seller to Customer upon delivery of the Staged Products to the Staging Location. Seller will collect sales tax due from Customer based on the Seller’s Warehouse location identified in Section 2. Upon executing this agreement , and if applicable, Customer will p rovide Seller with either Illinois or Nevada tax exemption
documentation.

Section 5. SHIPPING.

5.1 Seller shall release the Staged Products from the
Staging Location and provide them to the carrier for
shipment to Customer’s location upon the Estimated Ship Date set forth in the SAO, unless Customer provides written notice to Seller (which may be by email sent directly to the Seller Account Manager) no less than ten (10) business days prior to such Estimated Ship Date notifying Seller of
Customer’s request to change the ship date . Customer cannot change any ship date to a date later than the Final Ship Date set forth in the SAO (“Final Ship Date”). Seller will ship to Customer all Staged Products that remain in Seller’s Warehouse no later than the Final Ship Date.

5.2 Customer will be responsible for all shipping and
handling charges, which Seller will include as an additional line item on the applicable invoice.

5.3 In the event of early termination or in the event
that Customer does not request delivery of a ll Staged
Products prior to the Final Ship Date , Seller shall, at Seller’s option; either (i) ship the remaining Staged Products still held by Seller to Customer’s Final Ship to Address identified on the SAO, or (ii) return the Staged Products to Seller’s inventory.

Section 6. INVOICING AND PAYMENT.

6.1. Except as otherwise agreed in writing by the
Parties, and subject to continuing credit approval by Seller,

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SA Version 2020 03 05
Customer will pay all invoices within thirty (30) days after the date of Seller’s invoice. In addition to the purchase price for the Staged Products, Seller will charge Customer a fee for holding the Staged Products as set forth on each SAO (“Staging Fee”).

6.2. Seller will invoice Customer for Customer’s
purchase of Staged Products on the date that the Staged Products are delivered to the Staging Location in Seller’s Warehouse. Seller will also include the applicable Staging Fee on each invoice for Staged Products.

6.3. The Staging Services will commence, and the
Staging Fee applied, upon the date of CDW’s invoice.

6.4. Upon com pletion of each SAO, if applicable,
CDW will provide customer with a settlement invoice for any additional fees resulting from any changes to the
original SAO (e.g., additional staging fees, handling fees, shipping charges, etc.).

6.5. Customer acknowledges th at some or all Staged
Products may not be in Seller’s warehouse or available to be held for Customer on the date the SAO is submitted to Seller and agrees that Seller shall have no liability or responsibility to Customer for losses of any incentives or price adjustments as a result of the invoice date being different from the SAO date.

Section 7. NON-CANCELABLE.

CUSTOMER ACKNOWLEDGES AND AGREES THAT

CUSTOMER'S OBLIGATIONS UNDER THIS

AGREEMENT ARE ABSOLUTE AND NON-

CANCELABLE, AND THE STAGED PRODUCTS ARE

NON-RETURNABLE, NOTWITHSTANDING ANY

OBSOLESCENCE OF THE STAGED PRODUCT S,

PROBLEMS WITH OR DEFECTS IN THE STAGED

PRODUCTS, ANY CHANGES IN SCHEDULE, ANY

CHANGES IN CUSTOMER'S NEEDS OR FINANCIAL

CIRCUMSTANCES, ANY UNAVAILABILITY OF

LEASE FINANCING FOR ANY OR ALL OF THE

STAGED PRODUCT S, OR ANY OTHER
CIRCUMSTANCE. CUSTOMER SHALL HAVE NO

RIGHT TO REFUSE DELIVERY OR TO DELAY

PAYMENTS FOR ANY STAGED PRODUCTS FOR ANY

REASON, INCLUDING WITHOUT LIMITATION THE
CONDITION OF STAGED PRODUCTS.

Section 8. BREACH; REMEDIES.

In the event that Custome r cancels any SAO or addendums thereto, or terminates this Agreement, Seller shall have the right, in addition to all other remedies it may have, to be compensated for all costs, expenses and losses incurred by Seller, including, but not limited to, the co st of Staging the Staged Products, insurance costs, costs incurred with respect to custom configured goods, costs incurred by Seller in ordering Staged Products specifically for Customer's benefit, and costs of collection. In the event of a breach of this Agreement by Customer and in addition to all other
remedies Seller may have at law or in equity, Seller has the right to terminate this Agreement and to demand immediate payment in full for all of the Staged Product s and of all of the fees, costs and expenses assessable hereunder.

Section 9. RISK OF LOSS, AND INSURANCE.

CUSTOMER SHALL BEAR THE RISK OF PROPERTY

DAMAGE TO AND LOSS OF THE STAGED PRODUCTS
(“PRODUCT LOSSES”) AND SHALL PROVIDE

INSURANCE TO COVER ANY SUCH PRODUCT

LOSSES DURING ST ORAGE OF THE STAGED
PRODUCTS IN SELLER’S WAREHOUSE. CUSTOMER

SHALL ALSO BEAR THE RISK OF PRODUCT LOSSES

AND SHALL PROVIDE INSURANCE TO COVER ANY

PRODUCT LOSSES INCURRED DURING SHIPMENT,
NAMING SELLER AS A LOSS PAYEE.

Section 10. SECURITY AND ACCESS.

Seller agrees to exercise the same care with r espect to the storage of Staged Products as Seller exercises with respect to similar products owned by Seller. Seller shall provide secure space to prevent unintended use of Staged Product s. Seller agrees to provide Customer access to its facilities, upon reasonable advance notice, during normal business hours, for purposes of inspection of Staged Products.

S
ection 11. LIMITED LIABILITY.

SELLER’S LIABILITY FOR LOSS OR INJURY TO THE

STAGED PRODUCTS IS LIMITED TO REPLACEMENT

OF THE STAGED PRODUCT S OR REIMBURSEMENT

FOR T HE UNIT PRICE LISTED ON THE SAO,

PROVIDED THAT CUSTOMER HAS PAID SELLER

FOR THE APPLICABLE STAGED PRODUCTS, BUT IN

NO EVENT IN EXCESS OF INSURANCE PROCEEDS

RECEIVED BY SELLER FOR SUCH LOST OR INJURED
PROPERTY. UNDER NO CIRCUMSTANCES WILL
SELLER OR ITS AFFI LIATES BE LIABLE FOR: ANY

INCIDENTAL, CONSEQUENTIAL, INDIRECT,

SPECIAL, OR PUNITIVE DAMAGES, INCLUDING,

BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS,

REVENUES OR SAVINGS, AND LOSS, EVEN IF

SELLER HAS BEEN ADVISED OF THE POSSIBILITIES

OF SUCH DAMAGES, WHETHER A CLAIM FOR ANY

SUCH LIABILITY IS PREMISED UPON BREACH OF

CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY OF LIABILITY.

Section 12. TERMINATION.

This Agreement may be terminated by Customer upon thirty (30) days’ advance written notice; provided that Customer has paid all fees, prices and costs due and owing hereunder.

This Agreement may be terminated by Seller upon thirt
y
(
30) d
ays’ advance written notice. Termination of this
Agreement will not terminate either party’s obligations under any existing SAO.

Section 13. F
ORCE MAJEURE.

Seller shall not be liable to Customer for any failure to comply with the terms of this Agreement to the extent that such failure results from any circumstances beyond its
reasonable control , including, but not limited to, carrier delays, delays due to fire, severe weather, power failure , labor problems, acts of war, terrorism, embargo, acts of God, and acts or laws of any government or agency . Seller’s failure or delay in performance under this Agreement due to any force majeure event shall not be deemed to be a default under this Agreement.

Section 14. GOVERNING LAW; JURISDICTION.

THIS AGREEMENT WILL BE GOVERNED BY THE

LAWS OF THE STATE OF ILLINOIS, WITHOUT

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SA Version 2020 03 05
REGARD TO CONFLICTS OF LAWS RULES. ANY

LITIGATION WILL BE BROUGHT EXCLUSIVELY IN

COOK COUNTY, ILLINOIS, AND THE PARTIES

CONSENT TO THE JURISDICTION OF THE FEDERAL

AND STATE COURTS LOCATED THEREIN, SUBMIT

TO THE JURISDICTION THEREOF AND WAIVE THE
RIGHT TO CHANGE VENUE. THE PARTIES

FURTHER CONSENT TO THE EXERCISE OF

PERSONAL JURISDICTION BY ANY SUCH COURT
WITH RESPECT TO ANY SUCH PROCEEDING.

IN
WITNESS WHEREOF, each of the Parties has caused this Agreement to be signed and delivered by its respective authorized representative.

SELLER: CDW Government, LLC CUSTOMER: _______________________________ By:

Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
Address of Principal Place of Business:
230 N. Milwaukee Avenue
Vernon Hills, IL 60061
By:

Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
Address of Principal Place of Business:
______________________________________
______________________________________
Customer Account #__________________

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SA Version 2020 03 05
SAO EXAMPLE ONLY. DO NOT SIGN!
EXHIBIT A-1

STAGING/BUY AND HOLD AUTHORIZATION ORDER
Customer: AM inserts Customer Name Final Ship Date: AM inserts final ship date Customer #: AM inserts Customer # Final Ship To Address: AM inserts attn, address, city, state & zip in this field
Anticipated Ship To Information
Ship
Consolidation
Unit
Price
Carrier &
Ship
Method
Estimated
Ship Date
Requested
Ship Qty
CDW
EDC
Mfg Part
#
Description Customer
Name
Ship
Attn
Address
Line 1
Address
Line 2
City State Zip Country
*
CDW to default to final ship date if no estimated ship dates are provided in the table above. * The foregoing Staged Products are subject to the "Staging/Buy and Hold Agreement" between the Parties dated ____day of [Month], [Year] I
N WITNESS WHEREOF, each of the Parties has caused this Order to be signed and delivered by its respective authorized representative.

Seller: CDW XXX Customer:

By: X By: X
Name: X Name: X
Title: X Title: X
Date: X Date: X
CDW Internal Use:

Quote #: X
Order #: X

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SA Version 2020 03 05
SAO ADDENDUM EXAMPLE ONLY. DO NOT SIGN!
EXHIBIT B-1

STAGING/BUY AND HOLD AUTHORIZATION ORDER ADDENDUM
Customer: AM inserts Customer Name Final Ship Date: AM inserts final ship date Customer #: AM inserts Customer # Final Ship To Address: AM inserts attn, address, city, state & zip in this field
Anticipated Ship To Information
Ship
Consolidation
Unit
Price
Carrier &
Ship
Method
Estimated
Ship Date
Requested
Ship Qty
CDW
EDC
Mfg Part
#
Description Customer
Name
Ship
Attn
Address
Line 1
Address
Line 2
City State Zip Country
*
CDW to default to final ship date if no estimated ship dates are provided in the table above. * The foregoing Staged Products are subject to the "Staging/Buy and Hold Agreement" between the Parties dated ____day of [Month], [Year] T
he parties agree that the Staging/Buy and Hold Authorization Order dated ____day of [Month], [Year] is hereby amended as set forth in this Addendum.

I
N WITNESS WHEREOF, each of the Parties has caused this Order to be signed and delivered by its respective authorized representative.

Seller: CDW XXX Customer:

By: X By: X
Name: X Name: X
Title: X Title: X
Date: X Date: X
CDW Internal Use:

Quote #: X
Order #: X

Page 490 of 1278 ends

[CDW Affiliate Logo] Proprietary and Confidential Page 1

STATEMENT OF WORK
Project Name: [Project Name] Seller Representative:
[Seller Name]
[Seller Phone]
[Seller e-mail]
Customer Name: [Customer Name]
CDW Affiliate: [CDW Affiliate determined by Customer #] Subcontractor: [Partner Name] Solution Architect:
[Solution Architect Name],
[Solution Architect Name 2] SOW Created Date: [SOW Created Date] Version: [File Version]
Drafted By
[Services Contract Specialist
Name]
This statement of work (“Statement of Work” or “SOW”) is made and entered into on the last date that this SOW is fully executed as set forth below (“SOW Effective Date ”) by and between the undersigned, [CDW Affiliate] (“Provider,” and “Seller,”) and [Customer Name] (“Customer,” and “Client,”).

GOVERNING AGREEMENT
This SOW shall be governed by that certain [Governing Agreement Name] between [CDW Affiliate] and [Customer Name], dated [Governing Agreement Date] (the “Agreement”). If there is a conflict between this SOW and the Agreement, then the Agreement will control, except as expressly amended in this SOW by specific reference to the Agreement.

References in the Agreement to a SOW or a Work Order apply to this SOW.

PROJECT SCOPE

SERVICE DESCRIPTION

GENERAL RESPONSIBILITIES AND ASSUMPTIONS
• Customer is responsible for providing all access that is reasonably necessary to assist and accommodate Seller’s performance of the Services.
• Customer will provide in advance and in writing, and Seller will follow, all applicable Customer’s facility’s safety and security rules and procedures.
• Customer is responsible for security at all Customer-Designated Locations; Seller is not responsible for lost or stolen equipment, other than solely as a result of Seller’s gross negligence and willful misconduct. • This SOW can be terminated by either party without cause upon at least fourteen (14) days’ advance written notice.

CONTACT PERSONS
Each Party will appoint a person to act as that Party’s point of contact (“Contact Person”) as the time for performance nears and will communicate that person’s name and information to the other Party’s Contact Person.

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[CDW Affiliate Logo] Proprietary and Confidential Page 2 Customer Contact Person is authorized to approve materials and Services provided by Seller, and Seller may rely on the decisions and approvals made by the Customer Contact Person (except that Seller understands that Customer may require a different person to sign any Change Orders amending this SOW). The Customer Cont act Person will manage all communications with Seller, and when Services are performed at a Customer -Designated Location, the Customer Contact Person will be present or available. The Parties’ Contact Persons shall be authorized to approve changes in personnel and associated rates for Services under this SOW.

CHANGE MANAGEMENT
This SOW may be modified or amended only in a writing signed by both Customer and Seller, generally in the form provided by Seller (“Change Order”). Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order.

In the event of a conflict between the terms and conditions set forth in a fully executed Change Order and those set forth in this SOW or a prior fully executed Change Order, the terms and conditions of the most recent fully executed Change Order shall prevail.

PROJECT SCHEDULING
Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule (“Anticipated Schedule”) based on Seller’s project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise, are estimates only, and the Parties will not rely on them for purposes other than initial planning.

TOTAL FEES

CUSTOMER DESIGNATED LOCATIONS
Seller will provide Services benefiting the locations specified on the attached Exhibit (“Customer-Designated Locations”).

PROJECT SPECIFIC TERMS

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[CDW Affiliate Logo] Proprietary and Confidential Page 3

SIGNATURES
In acknowledgement that the parties below have read and understood this Statement of Work and agree to be bound by it, each party has caused this Statement of Work to be signed and transferred by its respective authorized representative.

This SOW and any Change Order may be signed in separate counterparts, each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures on this SOW or on any Change Order (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. [CDW Affiliate Name]
By:

Name:

Title:

Date:
[Customer Name]
By:

Name:

Title:

Date:

Mailing Address:
[Affiliate Address line 1]
[Affiliate Address line 2]
Mailing Address:

Street:

City/ST/ZIP:

EXHIBIT _

CUSTOMER-DESIGNATED LOCATIONS
Seller will provide Services benefiting the following locations (“Customer-Designated Locations”).

Location(s)

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Last Revised: 03/26/2010

CDW PRODUCT RETURN POLICY
Seller offers a 30-day return policy on most products sold. Manufacturer restrictions apply to certa in merchandise, as detailed below and as updated from time to time. Customer may obtain additi onal details and any applicable updates from the dedicated Seller account manage r and may obtain manufacturer contact information by contacting CDW Customer Relations, which may be reached by calling 866.SVC.4CDW or by emailing [email protected].

1. Return Restrictions.
• Defective Product Returns . Customer may return most defective Products directly to Seller within fifteen (15) days of invoice date and receive, at Seller’s option, credit, replacement, ex
change, or repair. After fifteen (15)
days, only the m
anufacturer warranty applies.
• Non-Defective Product Returns . Customer may return most non-defective Products directly to Seller within thir t
y (30) days of in voice date and
receive, at
Customer’s option, credit or exchange, except th at an automatic Seller restocking charge will reduce the value of any such credit or exchan ge
by a minimum of fifteen percent (15%).
• Restricted, Repair-Only Returns . Certain Products can only be returned for repair—not for exchange, repla cement or credit—based on current manufacturer requirements. Such Produc ts should be returned to Seller, shipped di
rectly to the manufacturer, or taken to an authorized service center in Customer’s vicinity. More inform
ation may be provided by the dedicated
Seller account m
anager or by CDW Customer Relations.
• Restricted, Manufacturer-Only Assistance . Certain Products cannot be returned to Seller for any reason—w ithout exception—and Customer m ust
contact the manufacturer directly for any needed assistance. More inform
ation may be provided by the de dicated Seller account manager or by CDW
Customer Relations.
• Special Or
ders. Products that are specially or dered may be non-returnable or may have unique return restrictions provided at the time of sale. More inform
ation may be provided by the de dicated Seller account manager or by CDW
Customer Relations.

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Last Revised: 03/26/2010
• Return of Software or DVDs . Seller offers refunds onl y for unopened, undamaged software and DVD m
ovies that are returned within 30 days of
invoice date. Seller offers only replacement for software products and DVD movies th
at either: (i) are defective but are returned within thirty (30) days of invoice date; or (ii) are unopened a nd undamaged, but are returned more than 30 days after invoice date; such replaceable m
erchandise may be
exchanged only for the same soft ware or DVD movie title. Multiple software licenses may be retu rned for refund or exchange only (i) if specificall
y authorized in advance by the manufacturer; and (ii) if returned within thirty (30) da
ys of invoice date.

2. Customer Shipment of Returned Merchandise.
• Return Merchandise Authorization (RMA) Num
ber. No returns of any type
will be accepted by Seller unless acco mpanied by a unique RMA num ber,
which Custom
er may obtain by prov iding the following information to CDW Customer Relations: customer name, applicable invoice numb er, product serial num
ber, a nd details of Customer’s issue with the product.

Customer has five (5) days to return a Product after the applicable RMA is issued. CDW reser
ves the right to refuse any UNAUTHORIZED returns:
those that occur after the five (5) day period or those involving Products that are unacco
mpanied by valid RMA’s.
• Returned Products Must Be Co
mplete. All Products MUST BE returned one
hundred percent (100%) complete, incl uding all origin al boxes, packing materials, manuals, blank warranty cards , and other accessories provi ded by the manufacturer. CDW reser
ves the right to refuse the return of incomp lete
Products. In addition, CDW will char ge a m
inimum fifteen percent (15%)
restocking fee for returns that are accepted.
• Responsibility for Shipping C
osts. Customer is responsible for th e cost of
shipping returned item
s; Seller is re sponsible for the cost of shipping
replacements or exchanges of return ed item
s and will match Customer’s
shipping method.
• Customer Shipping Insurance. Customer is strongly advised to purchase full insurance to cover loss and damage in transit for shipments of returned items and to use a carrier and shipping met hod that provide proof of deli very.

Seller is not responsi
ble for loss during such shipment.

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Last Revised: 03/26/2010

3. Merchandise Damaged in Transit.
• Refusal/Receipt of Damaged Products . If a package containing items purchased from Seller arrives at Customer’s address DAMAGED, Customer should REFUSE to accept delivery from the carrier. If Customer does accept delivery of such a package, Custom er mu st: (i) note the damage on the carrier'
s delivery record so that Seller ma y file a claim; (ii) save, as is, the merchandise AND the original box and packag ing it arrived in; and (iii) prom
ptly notify Seller either by ca lling CDW Custom er Relations or by contacting the Seller account manager to arrange for carrier’s inspection and pickup of the damaged merchandise. If Customer does not so not e the damage and save the received mer
chandise and does not so notify Seller
within fifteen (15) days of delivery ac ceptance, Customer will be deemed to have accepted the m
erchandise as if it had arrived undama ged, and Sell er’s regular return pol
icy, as described in sections 1 and 2 above, and all current manufactu
rer warranties and restrictions will apply.

4. Credits
Any credit issued by Seller t
o Custom er under this return policy mu st be
used within two (2) years from the date t
hat the cr edit was issued and may
only be used for future purchases of Pr oduct and/or Services. Any credit or portion thereof not used within the tw o (2) year period will automatically expire.

Page 496 of 1278 ends

Proposal for the Region 14 Education Service Center
acting on behalf of the National Cooperative Purchasing Alliance
RFP # 45-22 Technology Solutions, Products and Services Thursday, November 17, 2022

ATTACHMENT D

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Thursday, November 17, 2022
Region 14 Education Service Center
1850 Highway 351
Abilene Texas 79601
Dear Procurement Officer,
Thank you for the opportunity to submit a proposal for Region 14 ESC’s RFP for Technology Solutions, Products and Services. We have thoroughly reviewed the requirements and developed this proposal to showcase how our products and solutions will enable customers to continue their digital transformation.

The value of our offering includes:
● Our Products – We have the strongest portfolio of IT products from the edge to the core, to the cloud. We offer full end -to-end IT solutions thereby becoming a one stop shop to meet all our customer’s IT needs.
● Our Lifecycle Services – Parallel to our product and services delivery organization, is our customer support organization – be it pre-sales consultation, data center consolidation, or rollout of a work / school from home solution, our pro-deploy and pro-support teams are always available to assist in conjunction with our account and specialist teams.
● Our Contract Management – The NCPA contract is used widely by SLED customers. We have contract program managers and personnel dedicated to supporting NCPA and the entities that purchase using NCPA. We will continue to deliver and strengthen our partnership. ● Our Commitment – Last, but equally important, is our commitment to social causes that impact our lives and our planet. Our 2030 moonshot goals focus on cultivating inclusion, advancing sustainability, transforming lives and upholding ethics and privacy.

We look forward to earning your business and continuing our long-standing partnership. Should you have any questions regarding this proposal, please contact your Dell Technologies team provided in the below contact information:

Stacey Skala at 512.720.7429 or online at [email protected] Preethi Pillaipakkam at 469.510.8569 or online at [email protected] Sincerely,

Stacey Skala
Proposal Manager
One Dell Way
Round Rock, TX 78682
USA
www.dell.com

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Table of Contents
Tab 1 - Master Agreement / Signature .............................................................................................. 4 Tab 2 - NCPA Administration Agreement ........................................................................................ 14 Tab 3 - Vendor Questionnaire ......................................................................................................... 18 Tab 4 - Vendor Profile ..................................................................................................................... 22 Tab 5 - Products and Services / Scope ........................................................................................... 35 Tab 6 - References .......................................................................................................................... 52 Tab 7 - Pricing ................................................................................................................................. 58 Tab 8 - Value Added Products and Services ................................................................................... 59 Dell Lifecycle Services ................................................................................................................. 59 Innovation in Education with Dell Technologies ........................................................................... 74 Tab 9 - Required Documents .......................................................................................................... 83 Proposal Legal Notes ...................................................................................................................... 99 Tab - Appendices .......................................................................................................................... 101 Appendix A - Dell and the Environment ..................................................................................... 102 Appendix B - Dell's Diversity and Equal Employment Opportunity Policy .................................. 105 Appendix C - Dell Supplier Diversity Program ........................................................................... 107 Appendix D - Dell Premier for IT Procurement Overview........................................................... 109 Appendix E - Dell Limited Hardware Warranty .......................................................................... 116 Appendix F - Dell Return Policy ................................................................................................. 131 Appendix G - Vendor Certifications ............................................................................................ 133 Appendix H - Dell Financial Services ......................................................................................... 139

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Tab 1 - Master Agreement / Signature
Customer Support
The Dell Marketing L.P. (“Vendor”) vendor shall provide timely and accurate technical advice and sales support.

The vendorVendor s h a l l r e s p o n d t o s u c h r e q u e s t s w i t h i n o n e ( 1 ) to two working days a f t e r r e c e i p t o f t h e request.

Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain info rmation or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendorVendor.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out”/”non-appropriation” clause as mutually agreed to by the parties. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

If (a) sufficient funds are not budgeted or appropriat ed and budgeted by Public Agency’s governing body in any fiscal period for payment amounts or other costs and fees and (b) Public Agency has exhausted all funds legally available for such payment amounts or other costs and fees due under the contract, then the Public Agency, upon reasonable written notice to the vendor or its affiliate, rRetains to the entity the continuing right to terminate the contract as of the last day of the Public Agency’s fiscal period for which funds for the payment amounts are available at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the Public Agencyentity to obtain appropriate funds for payment of the contract and. t, to only place orders for which funding is available and to pay vendorVendorDell for products delivered and services performed. Such termination is without any expense or penalty, except for the portions of the payment amounts and those expenses associated with returning or making products available for return to vendorVendor or its affiliate and Public Agency’s ce ssation of use and maintenance, de-installation and deletion of licensed software, and certification thereof, in accordance with the terms of the contract, for which funds have been budgeted or appropriated or are otherwise legally available.

Shipments (if applicable)
The awarded vendor shall ship ordered products within seven fifteen (157) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. Barring any component constraints, Vendor will ship products it is manufacturing or a third party is manufacturing within 4 – 6 weeks of acceptance of order. Cancellation may be made up to the time order is accepted. Orders shall be placed online on the NCPA Premier Page that Dell will populate with NCPA pricing. If a product cannot be

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shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

Unless Public Agencys shall provides Dell with a valid tax exemption certificate acceptable to the relevant taxing authority prior to Dell’s payment of such taxes, upon request, or such Public Agency shall pay to Dell all taxes and duties upon demand.be responsible for taxes

Payments
Payment terms are thirty (30) days from the date of in voice. All products and services are deemed accepted ten (10) days from the date of invoice or completion of service. Dell may charge a late penalty of 1.5% per month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days based on Public Agency’s current outstanding balance. Dell, without waiving any other rights or remedies and without liability to Public Agency, may suspend or terminate any or all Services and refuse additional orders fo r Products until all overdue amounts are paid in full. Dell shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts.

The entity using the contract will make payments directly to the awarded vendor except instances where a reseller, under this contract, is selling Dell products and other products provided by Dell to the reseller, invoices will be issued by the reseller to a Public Agency an d payments shall be made to the applicable reseller.. or their affiliates (distributors/business partners/reseller s) as long as written request and approval by NCPA is provided to the awarded vendor.

Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must rece ive written approval from NCPA before any such distributors/partners/resellers is considered authorized.

Purchase orders and payment can only be made to awarded vendorVendor o r d i s t r i b u t o r s / b u s i n e s s partners/resellers previously approved by NCPA.

Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendorVendor's agreement with NCPA.

Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

All ground shipping deliveries s for standard products shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing Expedited and larger products shall be subject to freight charges.

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Warranty
Proposal should address the following warranty information:
 Applicable warranty and/or guarantees of equipm ent and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.  Availability of replacement parts
 Life expectancy of equipment under normal use
 Detailed information as to proposed return policy on all equipment

Dell’s warranty terms located at DELL.COM/WARRANTYTERMS, included as Appendix E shall be applicable to sales under this contract. Products: Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Safety
Vendors performing services shall comply with occupat ional safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

Permits
Since this is a national contract, knowing the permit laws in each stat e is the sole responsibility of the vendorVendor.

Indemnity
If Public Agency purchased Products or Services direct ly from Dell, Dell shall defend and indemnify Public Agency against any third-party claim that Dell-branded Products or Services (excluding Third-Party Products and open source software) infringe or misappropriate that third party’s United States (“U.S.”) patent, copyright, trade secret, or other intellectual property rights (“Claim( s)”). In addition, if Dell receives prompt notice of a Claim that Dell believes is likely to result in an adverse ruling, then Dell shall at its option, (i) obtain a right for Public Agency to continue using such Products or Deliverables or for Dell to continue performing the Services; (ii) modify such Products or Services to make them noninfringing; (iii) replace such Products or Services with a non-infringing equivalent; or (iv) if Public Agency purc hased directly from Dell, refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product or Deliverables. Dell shall have no obligation for any claim arising from (a) modifications of the Products and Services that were not performed by or on behalf of Dell; (b) misuse, or the combination or use with Third-Party Produc ts (the combination of which causes the claimed infringement); or (c) Dell’s compliance with Public Agency’s written specifications, including the incorporation of any software or other materials or processes Public Agency provides or requests. Dell’s duty to indemnify and defend the Claim is contingent upon: (x) Public Agency’s prompt written notice of the Claim; (y) Dell’s right to solely control the defense and resolution of the Claim; and (z) Public Agency’s cooperation in defending and resolving the Claim. These are Public Agency’s exclusiv e remedies for any third-party intellectual property claim, and nothing in this Agreement or elsewhere will obligate Dell to provide any greater indemnity. B. Public Agency shall defend and indemnify Dell against any third-party claim resulting or arising from: (i) Public Agency failure to obtain any appropriate license, intellectua l property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by Public Agency, or associated with software or components requested by Public Agency to be used with, or installed or integrated as part of the Products or Services; (ii) Public Agen cy’s violation of Dell’s intellectual property rights; (iii) any inaccurate representation regarding the existence of an export license or any allegation made against Dell due to Public Agency’s alleged violation of applicable export laws; or (iv) Public Agency transferring or providing access to Excluded Data (as defined below) to Dell. C. Each party shall defend and indemnify the other against any third-

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party claim for personal bodily injury, including death, where the injury has been exclusively caused by the indemnifying party’s gross negligence or willful miscondu ct in connection with this Agreement. The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Franchise Tax
The respondent hereby certifies to the best of signatory’s knowledge that he/she is not currently delinquent in the payment of any franchise taxes.

Supplemental Agreements
The Each Public Agencyentity participating in this contract and awarded vendorVendor may enter into the followinga separate supplemental agreement s to further define the level of service requirements needed to enable such offerings under this Master Agreement over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specia lized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating Public Agencyentity and awarded vendorVendor and shall be governed solely by the terms set forth in such separate supplemental agreement.. r; however no changes to the contract terms regarding reporting, indemnity, payment or limitation of liability shall be altered by a NCPA member or purchasing/ participating entity.

Services Agreements.

Dell may provide Services, Service-related Software, or Deliverables to CustomerPublic Agency in accordance with one or more “Service Agreements.” “Service Ag reements” are service contracts, including “Service Descriptions” available at www.dell.com/offeringspecificterms, “Statements of Work,” and any other mutually executed documents. Each Servic e Agreement will be interpreted sepa rately from any other Service Agreement .

Dell APEX Cloud Services.

Dell may provide Services, Cloud services (includes any service made available to users through the Internet from a computing provider's servers), such as software-as -a-service, Platform as a Service, Infrastructure as a Service and storage-as-a-service, Service-related Softw are, or Deliverables to CustomerPublic Agency in accordance with one or more “Service Agreements.” “S ervice Agreements” are service contracts, including “Service Descriptions” available at w w w . d e l l . c o m / d e l l e m c c l o u d t e r m s a n d / o r https://www.dell.com/learn/us/en/uscorp1/terms-of-sale “Statement s of Work,” and an y other mutually executed documents. Each Servic e Agreement will be interpreted sepa rately from any other Service Agreement.

Dell APEX Flex on Demand.

In addition, vendorVendor may offer consumption-based models under its Dell APEX Flex on Demand Program (“FOD”) as an alternative flexible payment solution under a separate Master Flexible Consumption Agreement (“MFCA”). Any FOD solution will be subject to the terms and conditions of the MFCA only, an example of which is attached hereto in Appendix G. Eligible Public Agencies shall negotiate the terms and conditions of such FOD solution directly with vendorVendor or its designated affiliate or its authorized distributor/partner/reseller, including, but not limited to, the MFCA, any corr esponding FOD schedule (“Schedule”), and any other documentation that may be required for such FOD transaction. The parties recognize that the MFCA and any Schedule executed by the parties hereunder are separate and independent agreements between the Eligible Public Agency and vendorVendor or its designated affiliate or its authorized distributor /partner/reseller, with the terms thereof constituting the entire agreement for su ch FOD transaction. To the extent of any conflict or inconsistency between the terms of the MFCA and the terms of this Master Agreement, the terms, and conditions of the MFCA will prevail for such offerings. Samples of the MFCA, Schedule, and any other related documentation that may be applicable are attached hereto in Appendix H.

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Leasing and Financing; Payment Solutions.

Leasing and financing services and other flexible payment solutions made available directly through Dell Financial Services L.L.C. (“DFS”) or Pharos Financial Services L.P. (“PFS”) are allowed under this Master Agreement in accordance with one or more of th e separately negotiated DFS or PFS lease or finance agreements (“Lease(s)”). Samples of each Lease are attached hereto as Appendix H

If this Master Agreement does not contain Lease terms an d conditions, eligible Public Agencies under this Master Agreement who are authorized to execute such Leases under applicable law may do so by executing a separate Lease directly with DFS or PFS for the hardware, software, and/or services obtained under this Master Agreement. Any Lease solutions will be subject to the terms and conditions of the corresponding DFS or PFS Lease. Eligible Public Agencies shall negotiate the terms and conditions of such Lease with DFS or PFS directly. To the extent of any conflict or inconsistency between the terms of the DFS or PFS Lease and the terms of this Master Agreement, the terms and conditions of the DFS or PFS Lease will prevail.

Certificates of Insurance
Dell will offer a memorandum of Insurance to member s and will endeavor to provide notice of cancellation within 30 days to Region 14 ESC and NCPA. Dell has exis ting contracts with its subcontractors and Dell is responsible for providing the contracted for services. Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellati on of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all applicable local, state, and federal laws governing the sale of products/services ident ified in this RFP and any awarded contract and shall comply with all applicable laws while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
 Name, address and telephone number of protester
 Original signature of protester or its representative  Identification of the solicitation by RFP number
 Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested

Any protest review and action shall be considered final with no further formalities being considered.

Force Majeure
If by reason of Force Majeure, either party hereto s hall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended

Page 504 of 1278 ends

during the continuance of the inability then claimed, exc ept as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Notwithstanding the above, this section will not modify, terminate, cancel or otherwise negate or replace in any way any Public Agency’s rights, dutie s, and obligations (including a Public Agency’s payment obligations to DFS or PFS) under the terms and conditions of a duly executed Lease (as defined above) and MFCA (as defined above) between DFS or PFS and any Public Agenc y, the terms of which shall take precedence. The foregoing is not withstanding any force majeure insuranc e on the payment stream that a Public Agency may have.

The term Force Majeure as employed herein, shall mean ac ts of God, strikes, locko uts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrecti ons; riots; epidemics; pa ndemic; landslides; lighti ng; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that t he settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage law legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as est ablished by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Termination
Either party may cancel this contract in whole or in par t by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. This Section on termination shall not apply to any lease financier (including, but not limited to, Dell Financial Services L.L.C.) or any related lease and finance or flexible payment solution agreements or any of Region 14 or Public Agency’ s, duties, and obligations including, but not limited to, its payment obligations to DFS thereunder.

Open Records Policy
Because Region 14 ESC is a governmental entity respon ses submitted are subject to release as public information after contracts are executed. , as required by applicable law. Dell will comply with applicable law and opinions of the applicable governing body concerning open recordsIf a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by- line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resu lting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Dell requests the following language be incorporated into any contract resulting from award of this solicitation:

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NCPA Members, by purchasing from Dell agree to the terms between NCPA and Dell under the contract.

Compliance with Laws
A. In performing its obligations under this Agreement, each party agrees to comply with all laws and regulations applicable to such party including the customs and export control laws and regulations of the U.S.; and the country in which the Products or Services are delivered or performed. B. Public Agency certifies that all items (including hardware, software, technology and other mate rials) it provides to Vendor for any reason that contain or enable encryption functions either (i) satisfy the criteria in the Cryptography Note (Note 3) of Category 5, Part 2 of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies or (ii) employ key length of 56-bit or less symmetric, 512-bit asymmetric or less, and 112-bit or less elliptic curve. Vendor is not responsible for determining whether any Third-Party Product to be used in the Products and Services satisfies regulatory requirements of the country to which such Products or Services are to be delivered or performed, and Vendor shall not be obligated to provide any Product or Service where the resulting Product or Service is prohibited by law or does not satisfy the local regulatory requirements.

C. Vendor’s privacy policies explain how Vendor treats Public Agency’s personal information and protects Public Agency’s privacy and can be found at Vendor.com/privacy.

Limitation of Liability
A. VENDOR WILL NOT BE LIABLE FOR ANY INCIDE NTAL, INDIRECT, PUNITIVE, SPECIAL, OR

CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES. EXCEPT FOR PUBLIC AGENCY BREACH OF SECTIONS 3(D) OR 7, OR COUSTOMER VIOLATION OF VENDOR’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (i) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS; (ii)

LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (iii) LOSS OF BUSINESS O PPORTUNITY; (iv) BUSINESS INTERRUPTION OR DOWNTIME; (v) THE PRODUCTS, DELIVERABLES OR THIRD-PARTY PR ODUCTS NOT BEING AVAILABLE FOR USE; OR (vi) THE PROCUREMENT OF SUBSTITUT E PRODUCTS OR SERVICES. B.

VENDOR’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING PRODUCTS AND SERVICES) IN ANY 12 MONTH PERIOD SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY VENDOR DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM(S). C. THESE

LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE

LIMITATIONS OF LIABILITY ARE AGREED ALLO CATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR VENDOR’S SALE OF PROD UCTS OR SERVICES TO PUBLIC AGENCY, AND

WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

Software.

Public Agency rights to use the Software delivered by Supplier are governed by the terms of the applicable end-user license agreement. Unless different terms have been agreed between the parties, the terms posted on www.dell.com/eula (the “EULA”) shall apply. Supplier will provide a hard copy of the applicable terms upon request. Unless expressly otherwise agreed, microcode, firmware or ope rating system software required to enable the Equipment with which it is shipped to perfo rm its basic or enhanced functions, is licensed for use solely on such Equipment.

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Acceptance.

All Products and Third Party Products will be deemed to be accepted upon Delivery. Notwithstanding such acceptance, Public Agency retains all rights and rem edies under the warranty terms stated below. Public Agency may only return Products to Supplier that are permitted to be returned pursuant to the return policy at www.dell.com/returnspolicy.

Hardware Returns and Exchanges.

Public Agency agrees to Vendor's return policy as stat ed at www.dell.com/returnspolicy. Before returning or exchanging Hardware, Public Agency must contact V endor to obtain an authorization number for Public Agency return. Public Agency must return Hardware in its original or equivalent packaging, and Public Agency is responsible for risk of loss and shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. If Public Agency fails to follow the return or exchange instructions, Vendor will not be responsible for any loss, damage, or modification of Ha rdware, or processing of Hardware for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with Public Agency’s purchase. Title to returned or exchanged Hardware shall pass to Vendor upon receipt at the specified Vendor facility.

Changed or Discontinued Products or Services.

Vendor may revise or discontinue Products and Services at any time, including after Public Agency places an Order, but prior to Vendor’s shipment or performance. A s a r e s u l t , P r o d u c t s a n d Services Public Agency receives might differ from those ordered. However, De ll-branded Products will materially meet or exceed all published specifications for the Products. Parts us ed in repairing or servicing Products may be new, equivalent-to-new, or reconditioned.

Proprietary Rights
The Products and Software are protected pursuant to copyri ght laws and international copyright treaties, as well as other intellectual property laws and treaties. All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Software, Products and Deliverables, and the methods by which t he Services are performed and the processes that make up the Services, shall belong solely and exclusively to Vendor or its suppliers or licensors. Subject to Vendor’s receipt of payment in full for the applicable Services, Vendor grants Public Agency a non-exclusive, non-transferable, royalty-free right to use the Deliverables solely (i) in the country or countries in which Public Agency does business; (ii) for Public Agency’s internal use; and (iii) as necessary for Public Agency to enjoy the benefit of the Services as stated in the applicable Service Agreements.

For Reseller transactions:

For any transactions under this contract in which Vendor resellers are reselling products obtained from Vendor, the following terms shall apply: Vendor will require its resellers to agree to the terms of the NCPA contract with Vendor. The reseller sales transactions, including quoting, pricing, order taking, invoicing, payment for reseller transactions shall be between the NCPA member and the reseller. Pricing will not be determined by Vendor but must be incompliance with the pricing requirement s in Vendor’s NCPA contract. Fees and reporting for Vendor reseller transactions with NCPA members s hall be provided by the Vendor reseller only. Payments made by NCPA or its members for these reseller transactions shall be made to the reseller. Vendor will propose authorized resellers to be added to contract for Region 14 ESC and NCPA approval. NCPA and Vendor must be in agreement on resellers to be added to contract. Vendor can have a reseller removed from contract, upon notice. Vendor is not liable should the reseller fail to follow the terms of the contract.

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Shipping Charges; Title; Risk of Loss.

Unless otherwise agreed, Supplier shall arrange for ship ment of the ordered Products to the ship-to address indicated in the Order, through a common carrier desi gnated by Supplier. Delivery dates are indicative.

Software may be provided by delivery of physical media or through electronic means. Public Agency shall notify Supplier within 21 days of the invoice date if Public Agency believes any Product included in its Order is missing, wrong, or damaged, and shall ens ure that the intended installation site meets the specifications as per the product documentation. Risk of loss for Equipment and for physical media containing licensed Software transfers to Public Agency upon Deli very. Title to sold Equipment passes to Public Agency upon Delivery. “Delivery” for Equipment occurs when Supplier provides the Equipment to the carrier at Supplier’s designated point of shipment; “Delivery” for Software occurs ei ther when Supplier provides physical media (or the Equipment on which it is installed) to the carrier at Supplier’s designated point of shipment, or the date Supplier notifies Public Agency that Software is available for electronic download. Unless ot herwise agreed, cost of transit insurance on behalf of Public Agency shall be included in the total price stated on the Quote.

Excluded Data
Public Agency agrees that it will obtain all necessa ry rights, permissions and c onsents associated with: (a) technology or data (including personal data) that Public Agency and its A ffiliates provide to Supplier or its Affiliates, and (b) non-Supplier software or other compone nts that Public Agency and its Affiliates direct or request that Supplier or its Affiliates use with, install, or integrate as part of the Supplier’s Offerings. Public Agency is solely responsible for reviewing data that will be provided to or accessed by Supplier in the provision of the Offerings to ensure that it does not contain: (i) data that is classified, ITAR (International Traffic in Arms Regulations) related data, or both; or (ii) articles, services, and related technical data designated as defense articles and defense services. Public Agency will defend and indemnify Supplier and its Affiliates against any third party claim resulting from a breach of the fo regoing, or from Public Agency’s infringement or misappropriation of intellectual property rights of Supplier, its Affiliates or third parties.

U.S. Government Restricted Rights.

The software and documentation provided are “commercial products” as defined in Federal Acquisition Regulation (“FAR”) Section 2.101, consisting of “comme rcial computer software” and “commercial computer software documentation” as these terms are used in FAR 12.212 and Defense Federal Acquisition Regulation Supplement (“DFARS”) Section 227.7202, as applicab le. Consistent with FAR 12.212 and DFARS Section 227.7202, all U.S. Government end user s acquire the software and documentation with only those rights set forth herein

Taxes.

The charges due hereunder are exclusive of, and Public A gency shall pay or reimburse Supplier for all value added (VAT), sales, use, excise, withholding, personal property, goods and services and other similar taxes, governmental fees, levies, customs and duties resulting from Public Agency’s purchase, except for taxes based on Supplier’s net income, gross revenue, or employment obligations. If Public Agency qualifies for a tax exemption, Public Agency must provide Supplier with a valid certificate of exemption or other appropriate proof of exemption. If Public Agency is required to withhol d taxes, then Public Agency will within 60 days of remittance to the applicable tax authority provide Supplier with satisfactory evidence (e.g., official withholding tax receipts) that Public Agency has accounted to the relevant authority for the sum withheld or deducted, otherwise Supplier will charge Public Agency for the amount that Public Agency has deducted for the transaction.

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SIGNATURE FORM

The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

Dell Marketing, L.P.

Company Name

One Dell Way
Address

Round Rock TX 78286
City State Zip

512.720.7429
Telephone Number Fax Number

[email protected]
Email Address

Stacey Skala Proposal Manager
Printed Name Position

Authorized Signature
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee upon award.

Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter into good faith negotiation of mutually agreeable terms.

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Tab 2 - NCPA Administration Agreement
Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee upon award.

Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter into good faith negotiation of mutually agreeable terms.

This Administration Agreement is made as of , by and
between National Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).

Recitals

WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated , referenced as Contract Number , by
and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of IT Security Products and Data Protection Solutions;

WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;

WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;

WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA

WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;

WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;

NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

General Terms and Conditions
 The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Administration Agreement except as expressly changed or modified by this Administration Agreement.
 NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 December 1, 2022
December 1, 2022
01-143

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ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Administration Agreement including, but not limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

 Contractor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.  NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Contractor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.  With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re- marketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this Administration Agreement or the Master Agreement.  With respect to any supplemental agreement entered into between a Participating Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement.  This Administration Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Administrative Agreement which is not contained herein shall be valid or binding.  Upon Vendor's corporate marketing/compliance prior review and approval, and subject to the requirements of the brand usage guidelines located at
https://brand.delltechnologies.com/logos/, Vendor agrees to allow Customer to use their name and logo within Customer-maintained websites, marketing materials and advertisements. Any use of NCPA name and logo or any form of publicity regarding this Administration Agreement or the Master Agreement by Contractor must have prior approval from NCPA.  If any action at law or in equity is brought to enforce or interpret the provisions of this Administration Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
 Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable by Contractor without prior written consent of NCPA, provided, however, that the Contractor may, without such written consent, assign this Administration Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Administration Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Administration Agreement.  This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder.

Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however,

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that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount

Total
Dell Response:

Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee upon award. Typically, reporting is available 30 days after the close of the previous quarter.

Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below.

Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

Dell Response:

Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee upon award.

Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

Dell Acknowledges.

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Dell agrees to discuss and negotiate the terms of the Administration Agreement and the administration fee upon award.

Dell respectfully requests the following modifications to the terms provided Tab 1 and Tab 2 of Solicitation Number 45-22 for Technology Solutions. Dell also requests that the additional terms provided be incorporated into any final contract resulting from award of this solicitation. As needed, Dell agrees to enter into good faith negotiation of mutually agreeable terms.

Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022

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Tab 3 - Vendor Questionnaire

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Dell Marketing L.P. 22
Tab 4 - Vendor Profile
Please provide the following information about your company:
 Company’s official registered name.

Dell Marketing L.P.

 Brief history of your company, including the year it was established.

Dell Response:

Headquartered in Round Rock, Texas Dell was established in 1984 by Michael Dell at the University of Texas
Dell was founded in 1984 by Michael Dell in his dorm room at the University of Texas. In 1988, Dell became publicly traded under the name Dell Computer Corporation. The Company was incorporated in the state of Delaware on January 31, 2013, under the name Denali Holding Inc. in connection with Dell’s going-private transaction by Michael Dell and Silver Lake Partners, which was completed in October 2013. In 1979, Richard Egan and Roger Marino, university roommates, quit their jobs and founded EMC in Newton, Massachusetts. In September 2016, EMC Corporation became part of the Dell Technologies family of companies and was renamed Dell EMC. In December 2018, Dell Technologies Class C common stock (NYSE: DELL) began trading on the New York Stock Exchange.

1979 Richard Egan and Roger Marino - former university roommates - quit their jobs and founded EMC in Newton, Massachusetts, five years before Michael Dell's vision was materialized. 1984
At age 19, Michael Dell founded PC's Limited with $1,000 and a game-changing vision for how technology should be designed, manufactured and sold.

As a pre-med freshman at the University of Texas at Austin, Michael starts Dell, then doing business as PC's Limited.
1985
Dell designs and builds their first computer system, the Turbo PC, featuring an Intel 8088 processor running at 8MHz, a 10MB hard drive and a 5.25" floppy drive.

The company establishes customer experience as a Dell differentiator with risk-free returns and next-day, at-home product assistance, among the first in our industry. 1989 Dell joins the mobile computing revolution with its first laptop computer, the 316LT. 1992 Dell debuts on the Fortune 500. Michael becomes the youngest CEO to lead a company that receives this honor.
1996
The company takes sales online in 1996, setting the bar for ecommerce worldwide. Dell rapidly expands its global operations by opening the first Asia-Pacific Customer Centre in Penang, Malaysia.

1997 EMC's great global presence is materialized as they are named worldwide open storage market leader.

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Dell Marketing L.P. 23
2000
Internet sales on dell.com reach $40 million a day, making it one of the highest-volume ecommerce sites in the world.

Recognizing early on the need and opportunity for mobility in IT, Dell incorporates built-in WiFi for on-the-go internet access for our customers.
2001
It's a year of firsts as Dell becomes the No. 1 computer systems provider worldwide and reaches No. 1 in U.S. Intel-based server shipments. Dell inks an agreement with storage leader EMC to enable more affordable enterprise-class storage area network solutions for customers of all sizes. 2005
Dell tops the list of "America’s Most Admired Companies" in Fortune Magazine.

Furthering our commitment to the environment, Dell OptiPlex desktop line of products features a lead-free motherboard, power supply and chassis.
2006 EMC opens a new software development centre in Shanghai—the company's first China-based research and development facility.
2010
Dell acquires key IP in storage, systems management, cloud computing and software: Boomi, Exanet, InSite One, KACE, Ocarina Networks, Scalent and Dell Compellent.

Dell is the No. 1 healthcare information technology services provider in the world according to Gartner, Inc. and wins more than 300 industry awards in 2010.

The company accelerates enterprise customers’ move to the cloud with Dell Virtual Integrated Systems solutions, based on open architecture solutions that focus on interoperability and extending the legacy investments of our customers.

Dell enters the tablet arena with the Streak, a 5-inch device designed to provide the best on-the-go entertainment, social connection and navigation experience.

Newsweek names Dell the greenest company in America.
2013
Michael Dell and private equity firm Silver Lake Partners buy back Dell from public shareholders to accelerate its solutions strategy and to focus on the innovations and long-term investments with the most customer value.
2014
One year post-privatization, Dell is the fastest growing, large integrated IT company in the world with revenue growth across our businesses and PC and server share gains outpacing the market.

Investments in our strategy continue with the acquisition of data analytics leader StatSoft and breakthrough enterprise innovations like our 13th generation of PowerEdge servers and FX Series converged infrastructure solutions.

Dell is the global storage leader in total terabytes sold and sets the new industry standard for value with the SC4020 All Flash Array.

Our corporate responsibility leadership garners global accolades with the Keep America Beautiful Vision for America Award, Accenture Circular Economy Pioneer Award, and a spot on Ethisphere Institute’s list of the World’s Most Ethical Companies. 2015 Customer satisfaction rates reach record highs as customers feel the effects of Dell's singular focus as a private company.
2016

2021
The Dell journey and the EMC journey join to reach customers and their great ideas globally and to drive human progress. The newly combined Dell Technologies marks the completion of the biggest tech deal in history.

Dell Technologies completed the spinoff of VMware forming two standalone public companies.

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Dell Marketing L.P. 24
 Company’s Dun & Bradstreet (D&B) number.

Dell Marketing L.P. D & B #: 87-793-6518

 Company’s organizational chart of those individuals that would be involved in the contract.

Dell Response:

By working with Dell Technologies, you can be assured NCPA and customer agencies will have access to the highest quality talent and support from experts who specialize in the public sector and education markets.

Contract Program Managers: Experienced Contract Program Managers (CPM) are assigned to large contracts to ensure contract compliance and reporting activities. CPM will also aid in marketing the contract to our SLED account team members leading to increased adoption within the State. Katherine Dunay, who currently serves as the CPM for NCPA will continue to serve as the main Point of Contact.

● Contract Management and Compliance - Manage the Contract and relationships with State Procurement Officers to ensure compliance with all state requirements. Design, manage, and maintain contractually required internal websites for contracts. ● Partner Management - Mana ge contracts for partner companies, including partner agreements, amendments, and compliance requirements and reports. ● Audit - Conduct contract audits to ensure that all data has been reported accurately and can be supported internally through a verifiable audit trail. Conduct audits of customer sales for issues regarding rebates, returns, and contract pricing. ● Sales Training & Consultation - Create and conduct custom presentations for training purposes given to sales partners, sales teams, and other internal departments. Consult with

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Dell Marketing L.P. 25
customers and sales on the most appropriate contract options based on scope, pricing, contract terms and language.
● Operations - Analyze business processes and implement changes to enable better customer service to our end customers. Created an automated process in Access to generate custom contract price lists based on contractual requirements.

 Corporate office location.
o List the number of sales and services offices for states being bid in solicitation.

o List the names of key contacts at each with title, address, phone and e-mail address.

Dell Response:

Dell has 46 offices in the US. Key contacts servicing each customer agency can be provided by the Contract Program Manager, upon request.

At the heart of our customer service capabilities are our Customer Service Centers, giving you instant access to experts skilled in the latest technologies. Support and Operations Centers are located throughout the world in locations including the following primary centers:

Boston Area in Massachusetts; Seattle, Washington, Bay Area in California; Draper Utah; Research Triangle Park NC, Burlington, Ontario; Barueri, Brazil; Cork, Ireland; Cairo, Egypt; Tokyo, Japan; Bangalore, India; Shanghai, China, and Sydney Australia.

1465 North
Scottsdale Road,
Suite 450
SkySong 5
Scottsdale
Arizona
85257

4 McKissic Creek
Road
Suite 6
Bentonville
Arkansas
72712

430 Cowper Street
Suite 200
Palo Alto
California
94301

135 Technology
Drive
Suites 100,150,200 &
250
Irvine
California
92618

5450 Great
America Parkway
Santa Clara
California
95054

440 First Street,
NW
Suite 820
Washington DC
District of
Columbia
20001

14591 S.W. 120th
Street
Miami
Florida
33186

10010 Junction
Drive
Annapolis Junction
Maryland
20701

777 Virginia Road
Concord
Massachusetts
01742

50 Constitution
Boulevard
Franklin
Massachusetts
02038

55 Constitution
Boulevard
Franklin
Massachusetts
02038

109 Constitution
Boulevard
Franklin
Massachusetts
02038

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Dell Marketing L.P. 26
111 Constitution
Boulevard
Franklin Industrial
Park
Franklin
Massachusetts
02038

42 South Street
Hopkinton
Massachusetts
01748

108 South Street
Hopkinton
Massachusetts
01748

117 South Street
Hopkinton
Massachusetts
01748

171 South Street
Hopkinton
Massachusetts
01748

176 South Street
Hopkinton
Massachusetts
01748

228 A/B South Street
Hopkinton
Massachusetts
01748

228 C South Street
Hopkinton
Massachusetts
01748

7615 Smetana
Lane
Eden Prairie
Minnesota
55344-3712

7625 Smetana
Lane
Eden Prairie
Minnesota
55344

1 Penn Plaza
Suite 2920
New York City
New York
10119

5800 Technology
Drive
Apex
North Carolina
27539

4121 Surles Court
Durham
North Carolina
27703

62 TW Alexander
Drive
Research Triangle
Park
North Carolina
27709

3501 SW 15th
Street, Bldg A
Oklahoma City
Oklahoma
73108

3501 SW 15th
Street, Bldg B
Oklahoma City
Oklahoma
73108

1 Dell Parkway
Nashville
Tennessee
37217

1225 Alma Road
Suite 160
Richardson
Texas
75081

200 Dell Way
(RR5)
Round Rock
Texas
78682

12500 Tech Ridge
Boulevard, Bldg
PS4
Austin
Texas
78753

1404 Park Center
Dr.

Austin
Texas
78754

4309 Emma
Browning Avenue
Austin
Texas
78719

701 E. Parmer
Lane, Bldg PS3
Austin
Texas
78753

701 E. Parmer
Lane, Bldg PS3B
Austin
Texas
78753

701 E. Parmer
Lane, Bldg PS2
Austin
Texas
78753

9715 Burnet Road
Metric - 7, Suite
300
Austin
Texas
78758

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5822 Cromo Drive
El Paso
Texas
79912

2300 Greenlawn
Boulevard (RR3E)
Round Rock
Texas
78682

2300 Greenlawn
Boulevard (RR3)
Round Rock
Texas
78682

2401 Greenlawn
Boulevard (RR7)
Round Rock
Texas
78682

2401 Greenlawn
Boulevard (RR8)
Round Rock
Texas
78682

401 Dell Way (RR1)
Round Rock
Texas
78682

501 Dell Way
(RR2)
Round Rock
Texas
78682

501 Dell Way
(RR2W)
Round Rock
Texas
78682

501 Dell Way
(RR2E)
Round Rock
Texas
78682

9830 Colonnade
Boulevard
Suite 380
San Antonio
Texas
78230

13197 South
Frontrunner
Boulevard
Draper
Utah
84020

8444 Westpark
Drive
Floors 1, 3, 7, 8 &
9 Mclean
Virginia
22102

505 First Avenue South
4th Floor
Seattle
Washington
98104

 Define your standard terms of payment.

Dell Response:

Customer must pay Supplier’s invoices in full and in the same currency as Supplier’s quote within the time noted on Supplier’s invoice, or if not noted, then within 30 days after the date of the invoice, with interest accruing after the due date at the lesser of 1.5% per month or the highest lawful rate. Supplier may invoice parts of an Order separately or together in one invoice.

All invoice terms will be deemed accurate unless Customer advises Supplier in writing of a material error within 10 days following receipt. If Customer advises Supplier of a material error, (a) any amounts corrected by Supplier in writing must be paid within 14 days of correction, and (b) all other amounts shall be paid by Customer by the due date. If Customer withholds payment because Customer believes an invoiced amount is incorrect, and Supplier concludes that the amount is accurate, Customer must pay interest on the unpaid disputed amount from the due date until Supplier’s receipt of payment. Customer may not offset, defer or deduct any invoiced amounts that Supplier determines are correct following the notification process stated above.

Supplier, without waiving any other rights or remedies and without liability to Customer, may suspend Services until all overdue amounts are paid in full.

 Who is your competition in the marketplace?

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Dell Response:

Dell Technologies offers one of the broadest portfolios of IT Solutions and Services. Our competition differs depending on the product or service being offered.

The technology market is increasingly competitive, but we don’t see one single company or set of companies as our key competitors. Our business is diverse and strong, and we see ourselves in a truly differentiated position in the eyes of our customers. There really is not another company like Dell Technologies out there that can address so many customers needs today and in the future.
 What differentiates your company from competitors?
To find information on how Dell products and solutions compare against competition across a broad mix of head-to-head product comparisons, third party competitive research, compelling blogs and customer stories to make an informed purchase decision, visit the link below. https://www.dell.com/en-us/dt/what-we-do/competitor-comparisons.htm

 Describe how your company will market this contract if awarded.

Dell Response:

Dell Technologies has successfully partnered with NCPA to help its members agencies meet their technology needs. In continuing with this tradition, Dell Technologies will provide a multi-channel plan to market and promote the NCPA Contract.

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Supportive of our marketing strategies and communication for the NCPA Contract will be o ur SLED Strategists who are former government employees or educators . Our Strategy team members are well versed in Technology Solutions for Government and Education, and act as advisors, guides, and champions for the NCPA affiliated State and Local Governm ent and Education Institutions.

Our marketing approach will focus on contract education to ensure optimal utilization by Dell Sales Teams.

Dell Technologies Marketing & Communication Plan for the NCPA Contract Internal Marketing/Sales Enablement
● Dell Technologies SLED Strategists will conduct presentations to all Dell Sales Teams supporting Education and State & Local Government.
● SLED Strategy Team and Contracts Program Management Office hold monthly calls with our Education and Public Sales Teams – this will provide both an initial and on-going contract update forum.
● Dell Technologies will develop a NCPA Contract Release / Marketing document which outlines the scope of the contract, usage eligibility and contract ordering specifics for Dell Technology Teams.
● Dell Technologies will develop an internal web-based resource to provide details on the NCPA Contract for use by Dell Sales Teams.
● Dell Technologies will add the NCPA contract to the list of nationally available contracts within the public sector and present it during the monthly sales training on contracts. ● Dell Technologies, based on NCPA approval, will cascade all training and messaging to our Dell Sales Teams working with Education and Public Sector customers.

External Marketing/Sales Enablement
● Dell Technologies Public Sector Account Teams will promote the NCPA contract with their customers within the NCPA region with awareness flyers that show the value of the NCPA contract over list price.
● Dell Technologies will develop, host and maintain a public-facing website with information on NCPA contract use, pricing, sales contacts, and reseller contacts. ● Dell Technologies, based on NCPA approval, will work with the Value-Added Reseller community to expand the contract for their use in supporting NCPA members. This will be an extension of our current practice with the Dell NCPA Contract. ● Dell Technologies will work with NCPA to develop Contract Communication Strategies tied to Regional SLED Events. An example would be contract marketing material for use at the “TECH Talk Live” event in Pennsylvania.

 Describe how you intend to introduce NCPA to your company.

Dell Response:

Dell has been on the NCPA contract for over a decade and our contract support teams and sales teams are very familiar with NCPA.

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Contract Program Managers (CPM), Regional Account Managers and SLED Strategists are well versed in our SLED contracts. When a customer wants to make a purchase, these team members work with the Account Executive to identify the appropriate contract vehicle to enable the sale.
o Regional Account Management: Our regional account teams consists of general, technical, and specialty sales team members, and Dell Financial Services that will serve as the main point of contact for pre-sales design/pricing and post-sale account management activities.
o State, Local and Education (SLE D) Strategists : Our strategists are industry veterans who have extensive experience working in universities/public agencies and have led transformation projects. They will serve as adv isors to assist customers with their transformation journey.

 Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Dell Response:

Dell Premier offers a suite of complementary tools designed to simplify and expand access to IT purchasing, discover insights for better asset management, and give you autonomy and control of the procurement process.

To learn more about Premier, visit: https://www.dell.com/en-us/dt/premier-solutions/index.htm Using Dell Premier, you can:
● Shop a complete line of fully customizable business-class products, software & accessories.
● Set company-wide standards for product configurations, custom services and shipping options and purchase at your organization’s negotiated rate. ● Prepare and save system configurations as an eQuote for repeat or future purchase at a later date.
● Retrieve and purchase sales-created quotes
● Purchase parts and upgrades for your existing hardware ● Retrieve detailed invoice, open order and purchase history reports or build your own report.
● Manage what users can see and do with defined access groups and user roles. ● Access your personalized Account page to manage your day-to-day account needs, like your address book, user access levels, reporting, and more. Orders that are placed via Dell Premier write frictionless to Dell’s order management system, which means our customers typically receive their orders quicker and with less errors. ● You can also use the Dell Premier local online or global platform to integrate into your existing ERP or ITSM system.

A complete description can be found in Appendix D - Dell Premier for IT Procurement Overview

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 Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
Dell Response:

Dell Technologies offers services in over 170 locations globally, including a direct service presence in more than 83 locations. Our technical support team is comprised of more than 7,500 technical support representatives and is backed by over 37,000 Dell Technologies services professionals.

At the heart of our customer service capabilities are our Customer Service Centers, giving you instant access to experts skilled in the latest technologies. Support and Operations Centers are located throughout the world in locations including the following primary centers: Boston Area in Massachusetts; Seattle, Washington, Bay Area in California; Draper Utah; Research Triangle Park NC, Burlington, Ontario; Barueri, Brazil; Cork, Ireland; Cairo, Egypt; Tokyo, Japan; Bangalore, India; Shanghai, China, and Sydney Australia.

Collaboration is also important, and our 12 Centers of Excellence and Joint Solutions Centers deliver in-house collaboration and industry-leading levels of support, leveraging Dell Technologies’ alliances with leading application providers such as Oracle and Microsoft. Beyond this, we have deep partnerships with industry leaders and many cooperative support agreements to accelerate time to resolution for joint customers.

Customer Service boasts customer satisfaction ratings among the highest in the industry and has been widely recognized for leading the industry in established best practices, including best use of measurements and metrics. Dell Technologies has received over 40 Technology Services Industry Association (TSIA) Star Awards—and is a five-time recipient of the TSIA Hall of Fame Award–an accomplishment achieved by only one other company.

Support center coverage is 24/7 worldwide with support coverage delivered according to the customer’s selected coverage. If onsite service is needed, the covering support center contacts the local field service representative (24x7 for high-availability contracts), which handles the case according to our formal escalation policy. For more information visit us on the Dell Technologies website:
https://www.delltechnologies.com/en-us/services/support-services/index.htm Service is provided to customers based on their warranty and maintenance contract terms and their selected support maintenance option.

Contact Customer Service:

U.S.: 1-800-782-4362 Canada: 1-800-543-4782
Local dial numbers outside of U.S. and Canada can be found here: Dell Customer Support Centers Phone list
Hours of Operation: 7 x 24 x 365
For more information visit: Dell Technologies Contact Us

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Customers in the USA can access Customer Support from Dell.com (http://www.dell.com/support/home/us/en/19?c=&l=&s=)
Dell.com/support is an online support site with a number of tools that can be utilized by Dell customers. The content and site language is customized by country/region. You can select and default your home country or region at the bottom of the main page. Examples of the site functions are below. Some of these modules are not available in all countries. ● Product Support
● Software Licenses
● Warranty & Contracts
● Order Support
● Support Videos
● Online Customer Care
● Dell Download Center and Drivers
● Service Request
● Comprehensive records for inventory management

 Green Initiatives (if applicable)
As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

Dell Response:

Our 2030 Moonshot Goal for Social Impact focuses on four key areas with Advancing Sustainability being one of them - By 2030, for every product a customer buys, we will reuse or recycle an equivalent product. 100% of our packaging will be made from recycled or renewable material. More than half of our product content will be made from recycled or renewable material.

Tech Refresh and Recy cle is one of the many ways in which we are striving to achieve our sustainability goals.

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Dell Asset Resale & Recycling Services
We help our customers resell, recycle, or return your excess computer equipment in a secure and environmentally conscious manner that complies with local regulatory guidelines. We meet or exceed all international standards such as the Basel Convention, EU WEEE directives and US environmental and data disposal laws (RCRA, CERCLA, SARA, HIPAA, GLB and CISL). To protect your company’s assets and re putation in this area, we help ensure that sensitive information does not fall into the wrong hands while also promoting environmental stewardship. ● Environmental stewardship: Systems with no value are recycled in adherence with local regulatory guidelines such as the EPA and WEEE legislation and waste regulations. ● Brand protection: We can help you avoid the negative publicity that comes from a disposal process that goes wrong.
● Retire multi-vendor assets: Our services can be applied to all IT assets regardless of brand.

Asset Recycling
We encourage our customers to recycle their end-of-life assets. Dell will handle the logistics of properly disposing the excess equipment in an environmentally sensitive way. During the recycling process, IT components are broken down into primary parts with materials separated into groups of ferrous metals, precious metals, and plastics. Once divided, these materials are then sent to specific partners who specialize in the disposal of each unique material.

Asset Resale
We pick up our customers systems at designated location, ship them to our facilities, sanitize the device in alignment with NIST SP 800-88 standard, and audit the equipment to determine the value.

We can also help with reselling it to a third party. Equipment that has no residual value is recycled. ● Onsite data sanitization option: Provides an extra level of security because we sanitize the device in a secure environment at our customers site before it leaves your offices.

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For customers who require nonstandard service or integrated deployments, Dell can provide flexible services, including custom Asset Resale and Recycling services.

Asset Records Management
We provide a detailed status report on the data sanitization and outcome of each retired system.

We also can provide a Confirmation of Disposal to verify that the sanitization was successful or that the drive was shredded to prevent data recovery in the case of a non-functioning drive and that all recycling met or exceeded all local regulatory guidelines. In addition, for all equipment disposals, we provide a settlement report which lists the resell value of each piece of resold hardware and documents any other disposed equipment.

Dell Reconnect

Dell reconnect is a program that has partnered with Goodwill to keep electronics off landfills. Donate unwanted technology to Dell Reconnect and help protect the environment while supporting Goodwill mission of putting people to work. This includes chargers and cords.

 Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.

Dell Response:

Diversity, inclusiveness and respect for all Dell employees form the basis of Dell's Winning Culture and are essential to Dell's success. Dell values each individual’s distinct contribution and leverages our collective strengths to ensure that Dell remains the technology solutions company of choice for customers around the world. Please see Appendix B for Dell's Diversity and Equal Employment Opportunity Policy

 Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications.

Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service
Dell Response:

Dell is registered in the State of Texas through the Secretary of State office registration #6260510
Please See Appendix G for requested documents.

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Tab 5 - Products and Services / Scope
Respondent shall perform and provide these products and/or services under the terms of this agreement.

The supplier shall assist the end user with making a determination of their individual needs.

Warranty
Proposal should address the following warranty information:
 Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
 Availability of replacement parts
 Life expectancy of equipment under normal use
 Detailed information as to proposed return policy on all equipment Dell Response
Please see Appendix E for Dell’s Limited Hardware Warranty, and Appendix F for Dell’s Return Policy.

These can also be reviewed at the following links.

Dell Limited Hardware Warranty
Dell US Return Policy
Products
 Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects
Dell Response
Dell confirms that initial purchases will be new products. Dell uses new and refurbished parts made by various manufacturers in performing warranty repairs and in building replacement parts and products.

Refurbished parts and products are parts or products that have been returned to Dell, some of which were never used by a customer. All parts and products are inspected and tested for quality.

Replacement parts and products are covered for the remaining period of the limited hardware warranty for the product you purchased. Dell owns all parts removed from repaired products and, in most instances, you will be required to return defective parts to Dell.

Construction
 Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

The following is a list of suggested (but not limited to) Technology Solutions, Products and Services categories. List all categories along with manufacturer that you are responding with:

Products
 Laptops / Notebooks / 2-in-1s
 Tablets
 Desktop Computers
 Workstations – Fixed and Mobile
 Gaming Devices
 Chromebooks – Education and Enterprise

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 Servers
 High Performance Computing
 Data Storage / Drives
 Converged Infrastructure
 Hyper Converged Infrastructure
 Cloud Products
 Software
 Security Solutions
 Data Protection HW / SW
 Networking
 Internet of Things (IOT)
 Sensors & Edge Devices
 Printers & Accessories
 Digital Imaging – Cameras / Scanner
 Keyboard / Mice / Input Devices
 Memory / System Components
 Displays / Large Format Displays / Interactive Flat Panels  Spare Parts
 Accessories / Cables
 Battery Back-up / Power / Surge Protectors
 Sound / Multimedia
 Telecommunications Products
 Video – Monitors / Cards / Projector
 Interactive Whiteboards
 Commercial-Off-the-Shelf (COTS) Software
 Software-as-a-Service (SaaS)
 Infrastructure-as-a-service (IaaS)
 Platform-as-a-Service (PaaS)
 Software Licensing and Maintenance Agreements
 Subscription Based Software Licenses
 Software Related Services

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Dell Response
Dell is responding to this RFP with Dell OEM products. We offer a wide portfolio of products that includes:

Our Industry Specific Solutions can be found at:
● State and Local Government - https://www.dell.com/en-us/dt/industry/state-local- government/index.htm
● Higher Education - https://www.dell.com/en-us/dt/industry/higher-education/index.htm ● K-12 Schools - https://www.dell.com/en-us/dt/industry/education/index.htm#cobrand=intel End User Computing and Peripherals
Desktop, Workstation Hardware
Standard Business Class Desktop, Workstation configuration We recommend our OptiPlex 5000 and 7000 series Desktops. OptiPlex are the world’s most intelligent PC’s with built-in artificial intelligence. OptiPlex 5000 and 7000 series desktops learn and adapt to how you work with the intelligence of Dell Optimizer Express Response, which optimizes the performance of the user’s top 5 apps so they can work at their full potential and increase productivity.

Specialty Class Desktop, Workstation configuration
We recommend our Precision 5000 and 7000 series Tower, Small Form Factor and Micro Form Factor PCs. Precision offers best in class Innovative Design, Intelligent Performance, Mission Critical Reliability and Immersive Productivity.

Laptop Hardware
Standard Mobile Laptop configuration:

We recommend our 3000 and 5000 series Latitude laptops for a Standard Mobile Laptop experience.

Latitude offers industry-leading Innovative Design, Intelligent Collaboration & Connectivity and Sustainability features. Latitude laptops come in 13", 14" and 15" form factors.

Ultrabook Laptop configuration:

We recommend our 7000 or 9000 series Latitude laptops for a Ultrabook Laptop experience. Latitude products are smaller and lighter than ever with narrow border screens featuring ComfortView Plus, a built- in solution that reduces harmful blue light while delivering excellent color.

Ruggedized Laptop configuration:

Dell's Latitude Rugged portfolio of devices offers best-in-class durability, reliability, and field productivity, with both tablet and clamshell models to choose from. Latitude Rugged systems keep you in control of your technology with the same industry-leading security, manageability, and reliability as the rest of the Dell Latitude portfolio. Dell Latitude Rugged systems are also FirstNet Ready™ with Band 14.

Mobile Workstation (Additional Offering):

We recommend Dell Precision mobile workstations as they deliver versatile designs, intelligent

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performance, and mission critical reliability to conquer the industry’s most demanding applications. From award-winning filmmakers and animators to state-of-the-art architects and engineers our expansive professional portfolio enables you to customize the workstation and optimize them for your creative expertise.

Gaming PC Hardware:

We recommend our Alienware and G-Series laptops and our recommendations for desktops would be the Aurora line (R12, R13, R14) and for laptops would be the M15/M17 (R5, R6) or the X15/X17 (R1).

Alienware is the gold-standard when considering gaming devices. Unmatched power and design with leading-edge materials and exceptional engineering, every Alienware device is built to reject limits.

Tablet Devices:

We recommend our Latitude 5320 2n1 and 7320 Detachable devices. Latitude 13" devices offer the perfect balance of performance, scalability and sustainability. The 7320 is the world’s most powerful, secure, and serviceable detachable and is also the most intelligent, featuring ExpressSign-in.

Enterprise Chromebooks - Latitude / Enterprise
Enterprise Chromebooks are designed for durability, and some models are with a high standard of passing 17 MIL-STD 810G tests. Offering comprehensive serviceability and easy-to-upgrade RAM, storage, battery and processors so you can easily customize for your business needs.

Education Chromebooks – Student Laptops
The student version of Chromebooks is economically viable while being built to be student tough – rigorously tested beyond Mil-Std, tested to survive 5000 free fall micro-drops, while rubberized edges minimize the impact. Kid-proof keyboard and protected ports save the devices from accidental spills.

Peripherals and Accessories
Dell products are purposely built to work with multiple platforms. Our wide assortment of accessories ensure that the user fully gets to utilize our products.

In addition to Dell branded accessories, we also partner with industry-leading manufacturers to bring you a large assortment of world -class products. These manufacturers include top brands in each accessory category providing a wide assortment from premium to economic choices to suit our customer’s budget.

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Our comprehensive accessories are listed in the table below, please note that products may be added or removed from this list:

Docks Memory Conference Room Solutions
Laptop Bags Storage Large Format Monitors
Power / UPS Graphic Cards Televisions
Displays and Monitors Networking Mounts and stands
Keyboard, Mice and Stylus Drones Charging Carts and Lockers Cameras AR/VR Healthcare Carts / Mounts
Printers Gaming Furniture
Privacy Filters and Screen
Protectors
Locks Ergonomics
Audio Accessories Cables Home Automation

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Our deep understanding of our customers working environments has helped us select and offer the best accessories for each use case. Our SLED Account Teams are experts in our customer working environment and our offerings that suit them best. Using feedback from our customers, we have worked with third parties to create custom accessories that will deliver the best integration with our products – the image above shows accessories that are designed for our Rugged product lines. These accessories are designed and tested to work in harsh environments.

The benefits of buying from Dell all your 3rd party add-on products are that Dell will provide or facilitate the warranty service an d maintenance for all the products on the Master Agreement either directly or pass - through from the third -party manufacturer. This makes it a one stop shop for all your purchase, warranty and sales tracking needs.

Infrastructure Solutions
Dell leverages a modern approach that helps our customers get more value from centralized IT solutions, data lakes, predictive analytics and digital integration. Dell’s capability to provide End to End solutions help institutions reduce complexity and cost. Dell transforms higher education IT environments:
● Data Storage, Management and Protection - Dell Technologies can streamline data management through customized enterprise content and records management, risk and compliance management,

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and data protection. We also can provide digital storage designed to satisfy workload and institutional needs for efficiency, performance and scalability.
● Modern Data Center - Dell Technologies offers automated hyper-converged platforms to modernize higher education data centers and deliver an IT-as-a-service model. This way, institutions can provide primary IT functions to users, partners and the community a s a self-service catalog, even in combination with public-cloud and managed services.
● Digital Campus (IoT) - Higher education can bridge information islands using Internet of Things (IoT) technologies from Dell Technologies. Our IoT experts work with universities on widely diverse projects.

We also offer storage for IoT data and advanced data analytics to gain actionable insights from it. ● Transform your High-Performance Computing - From small institutions to some of the world’s largest, researchers are pu shing their discovery horizons with Dell Technologies high -performance computing (HPC) solutions.

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Dell Partner Software Solutions
Dell Partner Software has been serving customers, including educational entities, since 1984, the year when Dell was founded. We make it easy to source traditional and cloud -based software licensing offerings through expertise, reach and influence. Dell Partner Software provides solutions for:
● Software Licensing and Maintenance Agreements
● Subscription Based Software Licenses
● Software Related Services
Dell’s extensive experience working with software publishers and our customers enables us to efficiently navigate the complexities and processes of software licensing and help advocate for our customers. Within Dell Software, we h ave an entire organization dedicated to state and local government and educational accounts. This organization is staffed with capable, experienced, industry -savvy, and customer service - oriented people who understand that state and local customers have uni que needs when it comes to budgeting, procurement and payment processes, dissemination of knowledge and information, and many other agency-specific items.

Dell Partner Software provides our customers with the industry’s best customer experience along wit h a number of value- added services —all free of charge. Dell Partner Software also delivers value to our customers by making sure all members of our sales and customer service team receive ongoing training and earn industry certifications from the major manufacturers.

Dell Partner Software is the highest -level partner with major manufacturers including Microsoft, Adobe, VMware, Ivanti, Red Hat, BMC, Citrix, McAfee, and more. In fact, we sit on the advisory boards of most IT giants. It is not uncommon for manufacturers designing a new Volume License Agreement to consult with Dell Partner Software.

We offer a strong portfolio of software products and serve as a trusted advisor to our customers throughout the software procurement and impleme ntation lifecycle. W e offer comprehensive software portfolio management, license management, and assistance to enable our customers to optimize spend through expert guidance.

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Commercial-Off-the-Shelf (COTS) Software
Dell Partner Software is the highest-level partner with major manufacturers including Microsoft, Adobe, Amazon, VMware, Ivanti, Red Hat, BMC, Citrix, Trellix, and more. In fact, we sit on the advisory boards of most IT giants. It is not uncommon for manufacturers designing a new Volume License Agreement to consult with Dell Partner Software.

We offer a strong portfolio of software products and serve as a trusted advisor to our customers throughout the software procurement and implementation lifecycle. We offer comprehensive software portfolio management, license management, and assistance to enable our customers to optimize spend through expert guidance.

Software-as-a-Service (SaaS)
Dell Partner Software teams with some of the industry’s leading providers of SaaS products to provide our customers with a plethora of products that fulfill their SaaS needs. Some examples include Microsoft (M365, D365, etc.), Adobe (Creative Cloud), Amazon Web Services, VMware, and Google (GCP, Workspace) as well as many others.

Platform-as-a-Service (PaaS)
Dell Partner Software is a leading provider of PaaS options for our customers, offering a wide variety of cloud-based solutions. These include Amazon Web Services, VMware, Google, and Red Hat. These solutions provide the platform for our customers to deploy, provision and run applications without needing to build out the underlying infrastructure.

Software Licensing and Maintenance Agreements
Our software specialists are highly trained in the nuances of software licensing and maintenance Agreements, providing our customers with a true trusted advisor to help navigate these complicated agreements. For example, all of our software specialists carry the Microsoft Certified Professional certification, and members of our team hold certifications with a host of other publishers. Not to mention that we have licensing specialists that are solely dedicated to our major publisher partners for a deeper understanding of those agreements.

Subscription Based Software Licenses
Dell Partner Software is a major reseller of subscription-based software licenses across the entire spectrum of the industry. Additionally, our software specialists are highly-trained to assist our customers to help determine the best licensing model that would most effectively meet their business needs, be it subscription, on-premise or a mixed model.

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Services
 Deployment & Installation
 Professional Services
 Consulting Services
 Security Services
 Business Continuity / Business Resiliency
 Disaster Recovery
 VMware Professional Services
 Microsoft Professional Services
 AWS Product and Services
 Application Services – End User
 Application Services – Data Center
 Residencies
 Managed Services – End User
 Managed Services – Data Center
 Education & Training
 Telecommunications
 Product Configurations
 Product Support
 Warranty
 Asset Lifecycle Management
 Asset Recovery

Dell Response:

Technology Services Overview:

Our services include a broad range of configurable IT and business services, including infrastructure technology, consulting and applications, and product-related implementation, deployment, and support services. We manage our services based on a customer engagement model, which groups our services with similar demand, economic, and delivery profiles into five categories of services: Consulting and Professional Services, Deployment and Lifecycle Services, Managed Services, Education Services, and Support Services. Within these categories, we offer a variety of discrete and customizable services to our customers as part of an overall solution. Without going into the extensive range of offerings – Dell Technologies has over 460 discrete service offerings and can customize the right solution for EVERY customer - let us share some examples on how Dell Services can help accelerate your transformation.

While many customers have a defined IT and Transformation strategy, the underlying roadmap on how to get there is not always clear, resulting in limited executive sponsorship and a lack of alignment across various departments and areas of operations. Our Professional and Consulting Services can help by assessing your environment and building a transformation, implementation, management, and lifecycle support plan that achieves the desired outcomes aligned to the institutions vision and strategy. Additional specific details around our Workforce Consulting, Application Analysis and Modernization, Hybrid / Multi- Cloud, Cyber Security / Business Resiliency, Data Center Consolidation, and other services are provided here or in the “Value Added” section in this response.

For IT the directive has changed from “do more with less” to “do more with less…faster” as time expectations of the technology world are compressing exponentially. This requires the deployment of new

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and more efficient infrastructures, modern collaboration, and communication tools, as well as the right end user devices. Our Deployment Services can help your organization embrace new technologies by accelerating deployment and adoption so you can execute digital strategies and drive toward the desired outcomes. The services include Configuration and Implementation Services, On-site and Remote site Deployment Services, Image Provisioning, and full Lifecycle Management Services, including sustainable asset recovery and recycling, and additional details around these services are available here and in the “Value Added” section in this response.

Managed Services allows you to offload day to day IT operations by combining on-site and remote end-to- end management and operation of your infrastructure or client devices, allowing your resources to focus on more value-producing and strategic initiatives. These managed services include a full range of offerings, including on- and off-premises management of client and/or infrastructure, co-location management, security monitoring and a host of other managed services capabilities. Additional details are available here and in the “Value Added” section and the Addendum to this response.

Many organizations recognize the competitive nature of finding and retaining a skilled IT workforce. Dell Technologies Services can augment your in-house skills with consultants and technology experts through Staff Augmentation and expert Residency services, enabling you to shift focus from day-to-day management to critical IT and business initiatives. This includes delivering Support Services that utilize our experts as well as AI, machine learning and deep learning to optimize performance while predicting, preventing and proactively resolving issues. Further detail is available in the Addendum section of this response.

A full range of training and Education Services to help you upskill your teams by identifying knowledge and skills gaps and define a continuous learning strategy skills are up to date, for all of Dell Technologies’ hardware platforms and all the most in-demand application, infrastructure, communications, application development and other environments.

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Financial Services Offerings:
 Infrastructure-as-a-Service (IaaS)
 Leasing for Public and Private/Commercial Entities with schedules included for:
o Fair Market Value Lease
o Purchase Option Lease
o Tax Exempt Lease Purchase Lease
o Flex Lease Purchase
o PC-as-a-Service
o Software Schedule
 Deferred Payments (Direct and Indirect Financing)
 Payment Agreements
 Usage Agreements
Responses:

Dell Financial Services
Dell Financial Services, L.L.C. (DFS) is a dedicated financial services entity focused on the financial and technology management needs of Dell's customers. Obtaining computer equipment is only the beginning.

DFS provides a variety of payment solutions that allow our customers to acquire multi-vendor hardware, software and services.

Our flexible payment solutions offer an end-to-end solution across Dell Technologies in addition to products from other manufacturers or vendors hardware, software and services.

Over the past twenty-five years, DFS has originated over $90 billion in leases. Annually we fund over $8 billion in revenue, and we currently have $12.5 billion in managed assets. DFS operates in over 50 countries with 1500 employees around the globe.

Our mission at DFS is to help Public Agencies using the NCPA get the technology they need today and expand acquisition opportunities within current budget allocations. You will find a wide range of flexible programs all aimed at making acquisition easy and affordable, whether you are on a regular rotation program, unsure of your long-term plans, or seeking an affordable method of financing equipment, software, and related services. Our portfolio of payment solutions can help you meet business challenges.

DFS is committed to your success.

MyDFS

DFS strives to empower our customers to manage their business with DFS online globally. DFS is in the process of launching a new online portal which will bring a number of exciting capabilities to our customers and will continue to improve the DFS experience.

A highlight of the new enhancements through 2022 will include, but not limited to:
 Dashboard and portfolio visualization
 Provides a consistent look and feel with other Dell platforms including single sign-on  Contract, asset and invoice data management and document retrieval.  Online Schedule Acceptance (OSA) – US- Commercial customers only  Standard and custom reporting capability
 End of lease capabilities at both contract and asset level.  Customer administration feature to self-manage data and user capability access.  General support requests

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Minority Financing
Through a strategic arrangement with Pharos Financial Services L.P. (PFS), DFS can help facilitate technology ownership and rotation programs to customers desiring a Minority Business Enterprise (MBE) or Historically Underutilized Business (HUB) lessor. Available in the United States only.

These programs can benefit customers in a number of ways:
 Demonstrate public policy support
 May provide bidding advantages on government contracts  Cultivate greater customer loyalty

The collaboration between PFS and DFS also offers a number of advantages:
 Access to DFS financing program benefits including customized payment structures, electronic invoicing, asset reporting and a flexible end-of-lease process  Single-source contact for equipment and leasing needs  One-stop shopping for service
 Speed to production and delivery
 Easy equipment upgrades and enhancements

Unlike a complete outsourcing solution, you remain in total control of key strategic decisions with PFS minority financing solutions.

Response to Specific RFP Provisions
Many of the terms and conditions presented in the RFP are applicable to straight procurement/purchase transactions and not to leasing and financing and other flexible payment solutions, which are made available directly through DFS or PFS in accordance with one or more of the separately negotiated DFS or PFS lease or finance agreements (“Lease(s)”). Since the current RFP does not contain any Lease terms and conditions, any eligible Public Agency under this RFP authorized to execute such Leases under applicable law must execute a separate Lease directly with DFS or PFS for the hardware, software, and/or services being procured under this RFP. Each Lease will separately establish a long-term (beyond net 30 days) financial relationship between DFS or PFS and each Public Agency procuring under the NCPA contract). Any Lease solutions will be subject to the terms and conditions of the corresponding DFS or PFS Lease. Each eligible Public Agency will be required to separately negotiate the terms and conditions of its Lease with DFS or PFS directly. To the extent of any conflict or inconsistency between the terms of the DFS or PFS Lease and the terms of this RFP, the terms and conditions of the DFS or PFS Lease will prevail.

In addition, Dell may offer consumption -based models under its Dell APEX Flex on Demand Program (“FOD”) as an alternative flexible payment solution under a separate Master Flexible Consumption Agreement (“MFCA”). Any FOD solution will be subject to the terms and conditions of the MFCA only, an example of which is attached her eto in Appendix H. Eligible customer shall negotiate the terms and conditions of such FOD solution directly with vend or or its designated affiliate or its authorized distributor/partner/reseller, including, but not limited to, the MFCA, any flexible consumption schedule (“Schedule”), and any other documentation that may be required for such transaction. The parties recognize that the MFCA and any Schedule executed by the parties hereunder are separate and independent agreements between the eligible customer and Dell or its designated affiliate or its authorized distributor/partner/reseller, with the terms thereof constituting the entire agreement for such transaction. To the extent of any conflict or inconsistency between the terms of the MFCA and the terms of the RFP, and

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conditions of the MFCA will prevail for such offerings. Samples of the MFCA, Schedules, and any other related documentation that may be applicable are attached in Appendix H.

Flexible Payment Solutions Enabled by Dell Financial Services DFS’ payment programs offer flexible end-of-term options designed to suit each entity’s unique needs. Payment terms are generally from 24 through 60 months and are tailored to match the essential useful life of the equipment to the payment term. Payments can be billed monthly, quarterly, semi-annually or annual, in advance.

Pay as You Go Solutions
These solutions are ideal for predictable and stable workloads but can be structured in different ways to accommodate different needs.

Technology Rotation
Lowest total cost of ownership with multiple structures to support different business cases Technology Rotation is a business strategy enabling organizations to maintain liquidity, take advantage of current-state technology, and contribute to the circular economy. When you choose a technology rotation strategy, you can structure payments to align to business needs. Whether you need payments to start small and grow as your business grows, you want to align payments with deployments, or you want to simplify billing and asset management, we can customize a solution that meets your exact needs. By utilizing Technology Rotation, organizations can accelerate and enhance digital transformation with a planned refresh of assets that can help overcome challenges throughout the technology lifecycle.

Technology Ownership
Complete, simplified structured solutions that can improve cash flow In some instances, it makes sense to own technology. In that case, our technology ownership solution provides a simple structure for you to spread costs over time rather than incurring upfront costs. Complete systems including hardware, software, and services can be purchased this way.

PC as a Service- Lifecycle Management
Dell PC as a Service (PCaaS) delivers a modernized employee experience with a single, predictable price per unit per month.

PCaaS combines the latest hardware, software, lifecycle services and financing into one all-encompassing solution. PCaaS offers one-stop financing for PC hardware, software and services:
 Financing that is seamlessly integrated into the PC lifecycle management process

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 Flexible financing options (flex up, down and mid-term upgrades for more than 300 units)  36 and 48 month terms
 Dedicated experts with technical knowledge and financial acumen

Software Installments
Lock in costs while beating budget constraints with publishers’ pre-paid and multi-year maintenance discounts
Our Software Installment payments allow you to pay for and access software in more flexible ways.

Payments can be tailored to meet your needs including deferrals and can be set monthly or annually.

These installments can be applied to software with or without the purchase of hardware and can also be applied to license agreements. (example TLA, ELA)

Payment Flexibility Program
Increase buying power through low rate promotions and payment deferral offerings Whether you are choosing a rotation or ownership strategy, we realize that flexibility is KEY.

We have created a Payment Flexibility Program to ensure that you will be able to address budget constraints by taking advantage of low-rate promotions. When cash flow is limited, deferrals can help keep budgets on track and in uncertain business climates you might be hesitant to make a long-term commitment so we are offering shorter terms.

DFS Master Usage Agreement and usage schedule can be utilized for structures: IT as a Service (ITaaS) and cloud related Services offering may include: Software-as-a-Service (SaaS), Infrastructure-as- a-Service (IaaS), Platform-as-a-Service (PaaS), Storage-as-a-Service, Device as a Service or PCaaS.

APEX Flex on Demand

Customers are often looking for a solution that allows them to pay for only what they truly use. Flex on Demand offers elastic capacity and pay for use economics. Many customers looking to take advantage of public cloud economics and flexibility turn to Flex on Demand. With Flex on Demand you can take advantage of:

Elastic Capacity

Provision the right-sized amount of capacity for workloads that shrink and grow over time – committed capacity can be adjusted as needs evolve.

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Metered Usage
Buffer capacity is measured at the technology level and is billed by average or actual usage preventing overspending for underutilized capacity.

More Savings
Determine the level of commitment right for your organization and drive lower usage charges by selecting higher levels of committed capacity and longer usage periods.

Value Added Services
Include asset recovery, deployment and support services in one agreement.

Master Lease Program
For large-scale acquisitions (in excess of $250,000 in financed equipment over the next 12 months) and/or the ability to upgrade PC-related equipment continually, with minimal additional paperwork, the Master Lease Program is the most efficient choice.

End of Term
The circular economy is aimed at eliminating waste and the continual use of resources. End of term options are focused on making the return part of the cycle easy and efficient. DFS recognizes that an ineffective end-of-term process can diminish the potential benefits of leasing. DFS understands that the elimination of obsolete systems promotes the continued mission of your business and the role of the technology department. Accordingly, your dedicated DFS sales team will work with you to provide the tools to help you make the right decisions at lease termination.

Easy end-of-term process - 6 month notice and options that include renewal, return and purchase of equipment, dependent on contract type.

Auto renewal periods - Practical automatic renewal periods. It’s your choice at the end of a lease whether to extend, return, or acquire the asset.

Straightforward returns - A straight forward approach to returns. Acceptance of returned items whatever their condition and stops the lease charges.

Environmental sustainability - Asset refurbishment processes go beyond minimum standards and are regularly reviewed to ensure that they remain as environmentally sustainable as possible.

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End-of-Term Administration - DFS feels that one of the keys to an efficient end-of-lease process is a clear customer understanding of the roles and responsibilities of the end-of-lease process. DFS maintains resources specifically to assist you with management of leased equipment coming out of the leasing cycle.

Fewer Damage Charge Categories - DFS offers a simple and easy returns process with only a limited number of missing, wrong, and damaged categories. We do not bill MWD in excess of a system’s Fair Market Value and all charges below assume at least 80% of the items are returned without other damages or missing items.

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Tab 7 - Pricing
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc.). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.

Price lists must contain the following:
 Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
 Description
 Vendor’s List Price
 Percent Discount to NCPA participating entities
Not To Exceed Pricing
 NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
 The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
 NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Dell Acknowledges.

A separate pricing file has been uploaded to Bonfire Portal.

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Tab 8 - Value Added Products and Services
Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

Dell Lifecycle Services
Consulting and Professional Services
Dell Technologies’ Professional Services focuses our efforts on addressing transformation initiatives that are encompassed by four main areas – the most common areas we see our customers facing challenges with. Using our outcome-focused approach, Dell Technologies Services accelerate your ability to effectively deliver a wide range of strategy, deployment, migration, and design services for:
● Modern workforce
● Applications & data
● Multi-Cloud
● Cyber Security / Business Resiliency

Modern Workforce: Empower your workforce with modern technologies that optimize experiences and simplify the consumption of IT services

 Digital Employee Experience - Employee Experience encompasses everything that is experienced (or lived and felt) by employees throughout the course of their day. This includes interactions with the people, processes and technology within your organization. Why should you care? Digital Employee Experience plays a major role in employee happiness. It impacts retention, engagement, productivity and more. In a Harvard Business Review survey, 82% of respondents said employee happiness is impacted by workplace technology, and 77% said good

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employees will look to move on without the tools, technology and information needed to do their job well. Digital Employee Experience is one of the most important subsets of Employee Experience and is focused on enabling employees to do their best work with the right technologies and services tailored to their needs.

Dell’s answer to these challenges is in helping our clients create successful digital employee experiences by putting your people first and making sure they have what they need to do their best work and be their best selves no matter when or where they work. We take a unique, pyramid approach, helping you with:
 Workforce Persona Services
o Role-based personas to understand each user’s IT needs o The right applications, data, and devices delivered to optimize experience  Adoption & Change Management
o Tailored plans to address the human side of technology change o Accelerated technology adoption
 Employee Experience Measurement
o Measure employee experiences and IT sentiment
o Understanding of what’s working and how to adjust IT strategy to improve

 Maximizing your Microsoft 365 Investment - Dell Technologies provides services for every step of the Microsoft 365 journey, including:
 ProConsult Advisory Services for Microsoft 365: Educate organizations on Microsoft 365, incorporating whiteboard sessions, as-is / to-be discussions, align business outcomes and strategy, and provide a Microsoft 365 roadmap.
 Security and Compliance Services: Designed to help you assess, plan and implement the Microsoft 365 features that will provide your organization with the security posture you need.  Network Readiness Assessment for Microsoft 365: Leveraging a variety of tools to assess enterprise voice experience and perform synthetic transactions across the Microsoft 365 cloud platform.
 Services for Microsoft 365: Dell Technologies offers a holistic approach to helping customers design, deploy and migrate to Microsoft 365 inclusive of a variety of cloud productivity workloads such as Exchange Online, SharePoint Online, OneDrive for Business, Teams, Teams Rooms, Dynamics 365 and more.
 Management Services for Microsoft 365: Provide ongoing administration and management for day 2 operations of Microsoft 365 environments for customers who are looking to out- source daily care and feeding of their Microsoft 365 environment.  Accelerate Modern Teamwork - To Accelerate Modern Teamwork, we provide your workforce with a consistent, modern and secure collaboration platform incorporating, personalized experiences built on right devices, apps and peripherals; cloud-based calling and meeting capabilities; services to maximize the value of technology investments and enable day 1 productivity; and intelligent meeting spaces.
 Services for Microsoft Teams
o Modern teamwork capabilities
o Digitized legacy business processes
o Cloud-based calling & meeting
 Services for Dell Meeting Space Solutions for Microsoft Teams Rooms o Dell’s leading displays and compute infrastructure for Microsoft Teams o Intelligent meeting space capabilities
 Modern Client Management and Provisioning - To accelerate modern client provisioning we focus on optimizing the PC deployment, consumption and management experience, and streamlining procurement and deployment of the entire Dell client device portfolio:
 Persona-based Ordering

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o Workforce Persona Services
o ServiceNow Premiere Integration
 Managed in the Cloud
o Client Deployment Assessment
o Services for Azure Active Directory
o Connected Provisioning
 Managed Services
o Managed Detection & Response
o ProManage
o Client Managed Services
o Lifecyle Hub Managed Services
 Dell Factory Services
o Provisioning
o Packaging
o Quick Start for Intune or Workspace ONE

 Cloud Productivity & Identity - Dell offers a robust portfolio of solutions to modernize your workplace productivity, collaboration and security tools to enable innovation and drive business forward. Many of our Cloud Productivity and Identity solutions are centered around the Microsoft ecosystem. We’re one of the largest and most credentialed Microsoft partners in the world with over 30 gold and platinum certifications and offer end-to-end services including licensing, advisory, planning, implementation and managed services. We’re also members of the Microsoft Intelligent Security Association and offer services that align with both the Microsoft Zero Trust security model, as well as the NIST Cybersecurity Framework.

 Digital Services Management - Another key area of workforce modernization is Digital Services Management, which includes self-service portals or IT services platforms. Dell’s Digital Services Management solutions are designed to help organizations innovate, optimize and automate IT services for the modern workplace, including digital marketplace services, workflow & automation services and intelligent operations and managed services. We can help you deliver beyond customer expectations and design a digital marketplace experience to drive efficient IT operations at scale. These capabilities:
 Digital Marketplace Services create the experiences that your employees are seeking. We enable you to deliver enterprise services through a consumer-driven digital experience tailored to role and requirements. These experiences and interactions drive employee adoption of automated self-service ordering and fulfillment.  Workflow & Automation Services accelerate implementation of end-to-end workflows that drive consistent repeatable, reliable, and auditable operations. The Dell Technologies difference here is we provide direct integration with our systems, databases, and supply chain to accelerate end-to-end fulfillment of service requests.  Intelligent Operations & Management Services help our customers achieve data-driven operations by unifying their enterprise technologies and infrastructure with the NOW platform.

By unifying all your data sources, you can leverage telemetry and insights to proactively manage, predict, and self-heal to minimize downtime and disruption to the business.  VDI & Workspace Platforms - Dell’s Virtual Desktop Infrastructure (VDI) and Workspace Platforms truly enable work from anywhere with secure solutions and hosted VDI options that simplify IT management and provisioning. This has become especially important for our clients adopting a hybrid work model, but remote and hybrid work isn’t the only scenario that benefits from VDIs. Virtual desktops are more efficient than ever to deploy, manage, and seamlessly integrate with existing workplace apps and services, providing a centrally managed, secure, cloud-hosted environment for modern teams to thrive.

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Applications & Data Services
Gain a competitive edge using modern data and application patterns and technologies  Application Portfolio Optimization - All IT organizations need to decrease cost and complexity to be successful. Eliminating technical debt and simplifying the IT environment will deliver business results quickly while increasing agility and speed to adapt to the rapidly changing world.

Looking across the entire application portfolio we define which applications should be made cloud native, which can benefit from operational efficiencies, which should adopt more effective operation models, and which should be retired.
 Attribute Discovery - To make an accurate decision for an application’s future state requires data about that application. Depending on the depth and breadth of target landing zone options being considered, over 100 attributes may be needed. So, for a portfolio of 1000 applications, this could mean over 100,000 attributes will be needed to complete the analysis.

We do this by leveraging existing assets and tools and where needed, using advanced electronic discovery tools to give us a complete picture of your existing application landscape.  Investment Strategy - Prior to considering where to land an application and how to get it there, each application needs to be assessed to determine if the application warrants investment and, if so, how much. This requires looking at the impact the application has on the business first, then considering technical, operational, architectural and design issues as a follow-up. Determining where an application should be deployed in the future is critical. Our Cloud Disposition service provides the answers you need to transform each application in your portfolio and determine whether you Retain, Retire, Modernize, or Migrate.  Landing Zone Strategy – Dell Technologies Services will help you look at selecting the best landing zone for each application. It is important to note that the analysis shifts and along with business characteristics, more technical characteristics come into play.  Transformation Pathway - Our eight ‘R’s approach to transformation pathways helps organizations determine the end-state and disposition of applications. Our model has evolved from 4 basic dispositions (Retain, Retire, Rewrite, Re-platform), to the more comprehensive 8- step process listed below. This expansion was based on the need to meet the challenges of an “aaS” market that has grown in size and complexity. More importantly, we focus on the work effort associated with each pathway and weigh that against the near and long term risks and benefits with each.
o Replace - Eliminate the former application component altogether and replace it, taking new requirements and needs into account
o Rewrite - Rebuild or rewrite the application as cloud native while preserving its scope and specifications
o Refactor - Materially alter the application code to a new application architecture and fully exploit new and better capabilities of the application platform o Replatform - Restructure and optimize existing code without changing its external behavior to remove technical debt and to improve the component’s features and structure o Rehost - Redeploy the application to a cloud infrastructure without recompiling, altering the application code, or modifying features and functions o Retain - Leave the application in its current state. These applications may be re- evaluated at a later stage for potential rewrite. These can be migrated as forklift or P2P o Retire - Retire the application as it may be at end-of-life stage or its functionality has been replaced by another application
o Retire & Archive - Archive the application data to support long-term data access and compliance and retire the application
 Application Migration Services – Applications that are implemented on existing infrastructure may not be able to provide the scalability and resiliency needed to meet these needs. In some cases, virtualizing applications on newer, more modern platforms is the answer. In other cases, businesses may look to leverage private, public or hybrid cloud environments to achieve the flexibility, scalability, resiliency and economy they desire. And sometimes packaged applications and operation systems may need to be replatformed and

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upgraded. For all of these cases, existing applications may need to be redeployed from their current operating environment to another environment. Dell Technologies application migration services provide a factory-based approach to application migration. With this approach, we address the end-to-end migration life cycle from discovering dependencies, to developing the migration plan, to executing the migrations, to validating the migrated applications

 Cloud Native Apps - Cloud-native describes the patterns of high performing organizations delivering software faster, consistently and reliably at scale. DevOps, Continuous Delivery and Microservices provide the how, why and the what of cloud native. DevOps is how we approach the cultural and technical changes required to fully implement a cloud-native strategy. Continuous delivery is why software is becoming cloud-native and microservices is the software architecture pattern used most successfully to expand development and delivery operation and avoid slow, risk, monolithic deployment strategies.
o Application Modernization for PCaaS / CaaS - Quickly identify and transition applications to cloud platforms with minimal refactoring. Three (3) sprints are the standard starting point. Over the course of the engagement, we evaluate architecture and operational decisions as well as development and deployment practices. Our work culminates in a prioritized backlog of improvement opportunities; foremost recommending tactical changes and enhancements that will reduce technical debt of container platform scalability, improve test automation, and introduce continuous delivery. o Enterprise DevOps Implementation - DevOps services help align your application development and IT operational teams through the use of agile techniques – including sprints, continuous integration, and continuous deployment – as part of the SDLC process. Offerings range from Advisory services to Implementation services designed to prove viability, to develop patterns and repeatable processes, and full scale implementation. Transformation of application development and operational teams by improving the way that people, processes, and technology work together. o Infrastructure as Code Design and Implementation - The Infrastructure as Code (IaC) Design & Implementation service builds the requisite tool chain and delivery pipeline to manage infrastructure and changes to infrastructure using best practices from software development and release management disciplines. This service introduces new tools common to software development, like version control, and couples them with automation capabilities. This service then maps them to new practices and processes for creating, updating, monitoring, and managing infrastructure services. o Solution Architect Advisory - Support from product specialist and subject matter experts to overcome unique challenges. Working together to improve project outcomes and maximize on-the-job skills enablement. The Solution Architect will work on a prioritized backlog with designated project anchors from your organizations throughout the duration of the engagement.

 Data Driven Enterprise - We offer our customers a portfolio of services that are based on the years of experience from our team of consultants and engineers so that they are repeatable and have predictable outcomes. Dell Services use proprietary methodologies that are designed to help customers get the maximum value from their Dell Technology investments in the shortest amount of time with the least risk possible. And our portfolio allows us to work with you no matter what your needs might be, whether you are already moving through the transformation process, or just beginning, we have services that will meet you wherever you are in your digital journey.

Our goal is to help you in your business’s transformational journey. o ProConsult - Apply standard offering and methodology to planning of analytical platform and architecture modernization
o Technology Advisory - Develop a technology architecture and roadmap to implement new or enhanced capabilities into a production environment

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o Healthcheck - Assess existing architecture and provide recommendations to better align it with industry best practices and benchmarks
o Data & Platform Migrations - Migrate legacy data platforms to more modern, Hadoop- based platforms
o Solutions & Storage Implementations - Integrate Dell Ready Solutions for AI / Big Data or architectures using Dell EMC storage products (e.g., Isilon, ECS)

Multi-Cloud Services
Optimize cloud infrastructure services to cost-effectively drive business growth  Cloud Platforms - There are many considerations when building a cloud service delivery model.

Dell Services provides a variety of consulting, design, advisory, and implementation services for an organization’s multi-cloud journey. We know it can be challenging to define and implement a coordinated cloud strategy. We’ve seen this firsthand, as we have consulted thousands of customers on their cloud adoption journeys. Through these engagements, we have identified and refined a proven four-step approach that helps organizations better understand the tasks that are necessary to meet objectives across various lines of business. In each of these areas, there are technology outcomes needed to deliver on business outcomes. While each of these are important for you to ultimately be successful, each of the downstream activities rely on the decisions made during the Strategize stage.

Whether your organization is undertaking a company-wide cloud transformation or scaling your cloud to accommodate special workloads, Dell Technologies offers a broad portfolio of services to empower your teams and help you realize your business outcomes. From strategy, implementation, adoption and scale, speed your path to productivity and extend your cloud environment to on-premises, accelerating innovation and delivering even more value to your business.
o Cloud Strategy – Align on strategy across business, development and IT; Architect desired future state, roadmap the processes; Identify KPI/program success metrics; Validate performance and readiness metrics
o Cloud Implementation – Validate operational readiness for your entire organization or individual departments; Create on-demand, self-service catalogues; Integrate with core IT operational systems; Align resiliency plan with business needs for recovery o Cloud Adoption – Create a cloud/SRE operating model; Migrate workloads, apps and data to run on your infrastructure, on or off-premises; Enact policy and governance programs; Monitor performance and productivity
o Cloud Scale - Integrate on-going roadmap for business and technology; Analyze and validate success metrics; Capture employee experiences

 Operating Model for Multi-Cloud Platforms - Modern operating models support service-oriented IT (XaaS Model) and optimize both experience and cost transforming IT into a strategic business partner that drives innovation. For an organization to truly transform from a traditional IT model to an “as a service” cloud model which will deliver transformative value to the businesses they support, the transformation must incorporate people and processes…the operating model. We utilize a four-step method to fully extract the benefits of your cloud platforms:
o Strategize - Align leadership to support transformation; Identify the organizational structure, roles and skills needed to the support transformation; Empower employees with training and new skill building; Gain employee buy-in and build morale to support a smooth transition.
 Transformation Strategy Workshop
 Multi-Cloud Roadmap
 IT Operating Model Design
 Cloud Education Services

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o Implement - Design the processes that enable IT to support business requirements; Deliver standardized services supported by repeatable processes and automation; Condition effective cross-functional communication and streamline operational process handoffs.
 Value Stream Mapping
 IT Process Design
o Adopt - Increase clarity and alignment between business goals and IT developments; Simplify service consumption and increase end user satisfaction with a robust catalog and self-service portal; Drive adoption of self-service offerings to reduce exception and costs; Optimize your service catalog tailored to role; Define financial chargeback model for services rendered.
 Service Catalog Design
 IT Financial Management
o Scale - Assess progress towards goals, objectives and transformation KPIs; Conduct employee IT pulse check to assess employee engagement and satisfaction with cloud services and experience; Reassess objectives and priorities to integrate into the roadmap  IT Experience Measurement

 Data Center Modernization – Dell Services helps the customer data center modernization efforts by mitigating risk and cost of a data center migration and modernization using our patented, application-centric approach and automated tools. One of the things that Dell Technologies Services has observed through working with clients on thousands of successful data center transformation programs is that there is a range of objectives for a data center transformation program. These objectives can range from highly strategic to more tactical concerns. o From a strategic business standpoint, data center transformation reduces costs and maintains service continuity, an important concern in the 7x24 cloud era. o From an application standpoint, data center transformation provides an opportunity to replatform applications on modern software-defined cloud infrastructure. From an infrastructure perspective, data center transformation increases scalability, agility and rapid innovation.
o From a tactical facilities standpoint, data center transformation can lower power and cooling costs, which can be substantial, through modern data center infrastructure and thoughtful facilities placement.

Dell Technologies can help you work through and identify all these objectives with our proven approach to data center transformation.
 ProConsult Advisory Core for Data Center – provides perspective from experienced data center professionals for their IT executive team, in a 3-week engagement, resulting in custom recommendations and a roadmap for improvements.
 Data Center Strategy – service defines and optimal consolidation plan examining internal and external data center alternatives.
 Application Blueprinting - analyzes the inventory of applications in the current enterprise portfolio and discovers the interdependencies among applications and between applications and infrastructure.
 Data Center Migration - implementation of your transformed data center strategy. Our application-centric approach uses patented tools with verification methodology to mitigate risk and decrease overall cost.

We can also tie some or all these services together into a comprehensive data center transformation initiative.

Resiliency & Security: Implement a strategy to reduce business interruptions and achieve a non-stop digital business

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 Cyber Security - The near-constant attacks we’ve seen represent a massive increase from years prior, but a few concerning trends have been steadily rising. More and more insiders to organizations are involved in these attacks and if an organization is impacted by a destructive attack, they’re not confident in their abilities to recover after an attack. Typically, attackers begin by taking an initial look at how they might penetrate the organization and move quickly to either utilize an exploit or a phishing type attack to gain access to the networks. This is where prevention and monitoring solutions are critical to thwart attacks at this phase, as well training and education programs for employees so they are well versed in phishing techniques and how they can avoid being a victim.

If the attack progresses further and the bad actor gains access, their first interest is establishing a foothold in order to expand the impact of the attack. In the case of a ransomware attack, this is how they’re attempting to get payment, by grinding normal business operations to a standstill. In this phase, it’s critical that organizations have advanced detection and response abilities to identify anomalies and quickly determine how to respond to the threat. Depending on how this is handled and how quickly a response effort takes place, the organization may be able to reduce the impact of the attack before it spreads further.

The final step is where the attack is launched and the impact realized by the organization. If they haven’t been successful in identifying and stopping the spread through these prior phases, it becomes more likely that there will need to be some kind of recovery effort to fix the impacted critical systems and get the business back up and running.

Dell Cyber Security Services include:
 Managed Detection and Response - monitoring critical parts of your business – endpoints, networks and clouds – by a team of experts certified to monitor, analyze and respond to suspicious activity around the clock.
 Cyber Solutions – purpose-built to isolate critical backups of data and business applications so that in the event of an attack, ensuring a path to recovery. The key to a Cyber Recovery Solution is to ensure it’s related to recovery of entire business processes so if an attack has brought down, your organization has their most critical applications ready to be recovered and return to business as usual
 Incident Response and Recovery Retainer - reactive support that we can implement at a moment’s notice to help you recover after a cyber incident. It also should be considered proactive in that you can set an organization’s strategy today on who you will rely on for an incident response initiative, so if and when that happens, Dell Services will be the one to respond for support and help.

 Cyber Recovery & Resiliency – Dell Services help our customers focus on reducing the attack surface and shifting to a proactive mindset
o Advisory and Design – We create a strategy for vault isolation, security, operation and reporting and design/ advise other infrastructure needed in the vault (firewall, network etc.)
o Deploy and Implement – Deploy PowerProtect DD in the CR Vault, Cyber Recovery software and configure policy, deploy in the Cyber Recovery vault and integrate with vault data domain
o Runbook and Validation – Dell Services Consulting documents processes to recover data
o Operate and Manage – Dell offers a range of supplementary services on top such as Managed Services, Residency and Education
 Managed Services - Manage day-to-day vault operations; Drive consistent procedures and testing; Monitored 24x7x365 by global operations team; Support recovery operations

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 Residency - Extend skills and capabilities with certified technical experts; Increase resiliency, minimize security risks, support data recovery & restore options and optimize Cyber Vault components to ensure a smooth run state; Monitored and daily operations of Dell’s Cyber Recovery Solution 8x5.  Education - Cybersecurity Training & Certifications can include Introduction to IT Frameworks and NIST; CompTIA Security+ and Certification Readiness; Implement the NIST Cybersecurity Framework; User authentication, access controls and security standards
o STIG Hardening Services - STIG Security Hardening is the process of treating security weaknesses, compliance gaps, vulnerabilities and misconfiguration before a system goes into production. Security Technical Implementation Guides (STIG) Security Hardening uses prescribed federal government security guidelines aligned to NIST 800-53 standards, to deliver tighter, in-depth security control and maximized protection of IT assets.

o Zero Trust - Leveraging the Microsoft Zero Trust model enables you to secure your digital workplace in a way that doesn’t interfere with productivity, and Dell has developed an accelerated path focused on the Microsoft ecosystem that helps you:
 Assess & Strategize – Cybersecurity Advisory with Zero Trust Roadmap; Security Assessment for Active Directory and Azure AD
 Build a Secure Foundation – Implementation Services for Active Directory and Azure AD; Securing Microsoft Identities with Entra
 Secure Identities, Data, and Apps – Getting Started with Defender for Identity; Getting Started with Defender for Endpoint; Securing the Microsoft 365 Workloads with Defender for Office 365; Implementation and Advanced Configuration of Defender for Identity w/ Microsoft Sentinel & ServiceNow; Unified Data Governance with Microsoft Purview
 Adoption & On-Going Management - Incident Recovery Retainer Service / Managed Detection & Response; Adoption and Change Management

Deployment Services
Deployment Services for Client Solutions
 Configuration & Deployment - Dell Configuration and Deployment Services accelerate onsite or remote deployments by executing the configuration tasks required to prepare a system for installation and integration. This eliminates time spent imaging and configuring new systems desk- side or at a staging location. It ensures new systems arrive ready to use out of the box. Just install and connect to the network. Services include:
o Imaging Services
 Imaging
 Connected Provisioning
o Systems Configuration
 Connected Configuration
 Application Install
 BIOS Settings
 Hard drive partitioning
 3rd Party Hardware Install
o Asset Identification
 Asset Tagging
 Asset Reporting
o Client Deployment - Users want minimal disruption when they get a new device, and IT departments need to maintain the system’s fitness, security, reliability, and efficiency over the life of that system. Relying on Dell Technologies to assist in this space may be a

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prudent option for organizations looking to focus on their business and not on mundane IT tasks.

o Client Deployment Services include:
 Client Deployment Assessment – The CDA is targeted towards customers who are interested in understanding and streamlining their deployment processes and inherent costs. The findings will help improve efficiency of deployment, reducing time and cost, reduce complexity and maximize impact throughout the process.

Dell will collect information on a customer’s deployment process through a combination of customer interviews and IDC data. The result is the delivery of an actionable implementation plan with real achievable cost savings. This a no-fee service for qualified customers.
 Remote Installation Services
 On-site Installation Services (24 x 7)
 Data Migration Services - Up to 100 GB data migrated with the Dell Migration tool from a legacy to new PC

 Connected Provisioning – Dell Services configure more than 11 million systems a year, so we have the experience regarding the processes and now, by leveraging the cloud, we are speeding up the way devices are configured. Connected Provisioning helps get a customized device to the end user faster with fewer touches. We leveraged our long-standing configuration and provisioning expertise, to help modernize the execution, which means seamlessly and securely preconfiguring in days instead of weeks or even months. o Simplify the Process – Through TechDirect IT manages the registration, enrollment and provisioning of their Dell ordered devices from their own cloud UEM environment. o Less IT Touch – Time, work and bandwidth moved from customer environment to supply chain. Cloud based deployment so no access to customer’s on-premises environment is required.
o More IT Control – Scalable. Profile based configuration management per order gives the customer flexibility and control to assign & configure devices to a specific group of users. o Quicker End User Productivity - Tasks like enrollment, loading applications, modifying BIOS settings, installing updates, domain joining, and security settings can all be pre- formed prior to first end user logon.

 Asset Recovery - Asset Recovery Services help you retire IT equipment in a secure and sustainable manner and unlock value that can be put towards future innovation. We leverage our long-standing security expertise, environmental compliance and commitment to sustainability to help you seamlessly transition from old to new technology while protecting what’s important.

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o Logistics – We will help resale, recycle or return to lease any brand of client hardware (and servers); we collect equipment from the designated location(s) and ship it to our facilities; customers can schedule pickups, monitor the progress of every asset, and view all activities related to your service through our centralized online portal o Data Security – As part of the resell and recycling service, Dell sanitizes devices offsite at our facility and in alignment with NIST SP 800-88 r1 standard data sanitization requirements; devices will be verified to confirm the sanitization was successful; if sanitization is not successful, we physically destroy the drives to prevent data recovery in alignment with NIST SP 800-88 r1 standard
o Environmental Compliance – Systems (including batteries and components) are recycled in adherence with local regulatory guidelines; the e-waste process is documented through the entire chain of custody until final disposal; Dell does not permit e-waste to be exported to developing countries either directly or through intermediaries; we vet, audit, and hold our partners accountable to the highest standards of environmental compliance and data security
o Resell and Recycle – Upon receipt, we assess the equipment and provide you with the residual value of your assets via Electronic Funds Transfer; customers can also request an appraisal of your existing assets at any time to make informed decisions about when to retire; before reselling, we sanitize the devices in alignment with the NIST SP 800-88 r1 standard which can be done offsite or onsite for extra security; if there’s no residual value, we recycle the devices in compliance with regulatory guidelines o Lease Return – When you reach the end of your lease, we help transport equipment back to the company from which it was leased
o Reporting - Customize and download dynamic reports anytime through the online portal – order views, service credit usage, value payments and pick-up status; confirmation of Disposal to verify sanitization was successful (or the drive was destroyed) and that all recycling met or exceeded local regulatory guidelines; final report that documents asset type, serial and asset tags, resale value of each piece of hardware resold any materials recycled

 Client Residency Services - A client residency engagement could include a wide range of technological proficiencies including:
o Windows 10 migration
o Application packaging
o Unified Endpoint Management (UEM)
o VMware Workspace ONE
o Microsoft Windows Autopilot/Intune
o Microsoft Endpoint Manager and MDT
o BitLocker/MBAM
o Dell TechDirect
o Dell ImageAssist
o Dell Connected Configuration
o Dell Client Command Suite
o Dell Migration Tool
o Dell Support Assist
o Dell Data Encryption

 Endpoint Security Services – Typically, we hear about three areas that are problematic for our customers:
o External Threats
o User Behavior
o Limited Security Resources

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Dell Endpoint Security software plus Endpoint Security Services help customers manage the growing cyber risk while embracing workforce transformation o Endpoint Security Software – VMware Carbon Black Cloud; Encryption Enterprise; Absolute; Netskope
o Endpoint Security Monitoring Services – Ongoing monitoring of customer endpoints performed by experienced Dell threat analysts; Customer alerts sent via management console when malicious activity is detected; Detailed threat response recommendations delivered the next business day; Business hours monitoring with next business day response; Kickoff meeting with dedicated project manager to set expectations, requirements
o Endpoint Security Implementation Services – Review of environment; Software installation or SaaS activation; Configuration and custom policy settings; Pilot implementation and measure against a test plan; Knowledge transfer o Endpoint Security Advisory Services - Project assistance from a Dell technical security expert , with 4 or 8 hour remote options, or multiple day onsite options

Deployment Services for Infrastructure Solutions
 Enterprise Services / Rack Integration - When you choose Dell Technologies Services to help with your implementation, you will get the right people, the right tools and the right processes to accelerate your transformation. Starting with an assigned project manager to be your single point of contact for the entire process and a global staff of certified technicians. Racks, components, shipment prep and packaging are customized to your specifications and reports are tailored to your needs. We deliver white glove logistics and easy part replacements if something fails. You will receive your hardware ready to use before invoices, warranties and support contracts begin. o Rack Integration Services - Dell can engineer, integrate, configure, deploy and install custom rack technology into any data center environment. o Configuration Services - Receive your new technology custom configured to meet your needs
o ProDeploy Installation Services – everything from basic hardware installations through planning, configuration and complex integrations.

 Infrastructure Deployment and Implementation Services - Maximizing technology on day one takes the right training, insights and expertise. ProDeploy Enterprise Suite is here to help, with the right fit to accelerate deployment up to 4 times faster from planning through implementation and beyond. ProDeploy Infrastructure Suite is made up of 4 offers: ProDeploy Configuration Services, ProDeploy Rack Integration Services, Basic Deployment, ProDeploy, and ProDeploy Plus.
o ProDeploy Configuration Services – provide custom system settings, labeling and other common needs. ProDeploy Rack Integration Services provide full configuration and racking of the technology including custom cabling and logistics. o Basic Deployment – consists of the hardware installation during normal standard business hours.
o ProDeploy – consists of your hardware installation and configuration of the software using offshore resources.
o ProDeploy Plus –you in-region or onsite resources to complete the engagement for the customer. It also includes additional features such as Post Deployment Configuration Assistance and Training Credits.

 Infrastructure Residency Services - With Residency Services, certified technical experts help you achieve businesses objectives and fulfill outcomes. Directed by you, residents act like an extension of your IT staff to enhance internal capabilities and resources, helping you realize faster adoption and maximized ROI of new technology. We assign the best resource to meet your needs, delivered onsite or remote, for however long you require.

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 Data Services - Services that complement our Deployment Services for the Enterprise Suite, these offers provide dedicated expertise focused on data and security needs for infrastructure solutions
o Data Migration - Data is one of your organizations most important resources and you need that data to fuel business growth. But distributed data can keep valuable insights out of reach. Our experts help efficiently move data from where it is, to where it will drive innovation. We migrate data every day, all over the world, in any situation you can imagine. Whether you are upgrading technology, changing platforms or leveraging cloud, our experts use proven tools to streamline migrations and provide you a faster time to value. Our Data Migration Services provide greater control, security and value through standardized processes in planning, execution and knowledge transfer. We lower risk through expert-delivered, dependable best practices developed over 30 years of data migration success. Our goal is to improve data availability and migrate your data efficiently with greater data integrity.
o Data Sanitization / Data Destruction - Our portfolio of enterprise services apply to infrastructure products in a data center, including all of our Dell EMC infrastructure solutions and similar 3rd party non-Dell branded products. We offer 3 distinct services that vary depending on your business’ need.
 Data Sanitization is a software-based method of securely overwriting the data residing on a system to render it unrecoverable. We offer 2 versions of this service.
 If you want to refresh and redeploy assets in your environment, having data wiped but retaining the asset, we have Onsite Data Sanitization Services. With these we come to your facility, sanitize the data, and your systems never leave your location.
 Data Sanitization Offsite with Asset Resale and Recycle is best if you are looking to eliminate assets from your environment and are interested in resale or recycling. We come and pick up the assets, remove them from your facility, and perform the sanitization at a secure site. After sanitization is complete, we evaluate the system for resale value. If it can be resold or reused, then you will get some money back. If no resale value is found, or the products are too old, we will proceed to responsibly recycle the asset. This service is only available on specific Dell EMC server and storage products and related 3rd party systems.

And, both sanitization offers are only able to be performed on systems that are in working order.
 Data Destruction, which is performed on all infrastructure products, both Dell and non-Dell branded systems, and on systems that are no longer operational.

This service is a process of physical shredding the asset to make the data residing on it completely in accessible. For this service, we come to your business site, pick up the asset and put the data bearing component through the shredder.

Once shredded, everything is automatically recycled.

o STIG Hardening - This service will help customers implement STIG configurations.

Published by DISA, STIG is a defined set of NIST 800-53 industry standard security controls that help minimize the security attack surface on IT assets to protect against cybersecurity attacks.

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Managed Services
Dell Technologies can provide a complete range of end user, infrastructure, storage, and security managed services, for any customer.

 Client Lifecycle Managed Services: Dell can provide a complete managed framework for your entire client environment, including but not limited to the following. These programs can be acquired as part of an institution’s capital purchase / refresh, as an operating lease, or as an “-as- a-Service” model.
o Asset acquisition and warehousing
o Device provisioning and updating
o Campus, local, or remote deployment and installation
o Software and application management
o Asset tracking and management
o Predictive / proactive repairs
o Moves / Adds / Changes / Re-Deployments
o Walk up or Dispatch for Break / Fix
o Service Desk
o Asset Disposition

 Infrastructure and Storage Managed Services: Dell Technologies can provide the widest range of Infrastructure and Storage Managed Services available. These are pre-defined and custom- designed solutions, intended to meet the requirements of small, medium, large institutions, with centralized or remote management infrastructures. Depending on the unique customer needs, these managed services may include:
o Account management
o Predefined service levels
o Incident/change/capacity management & remediation
o Performance monitoring
o Patching & updates with scheduled maintenance windows o Audit and compliance reporting
o Secure remote connectivity

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o Monthly billing

The range of infrastructure services includes but is not limited to the following list below.

Additional artifacts are available; please check with your Dell Technologies Services account team for more details and specifics:
 Infrastructure:
o Compute
o Storage
o Backup
o Infrastructure
o Cyber Recovery
o Includes options for hosting
 Workloads:
o Private Cloud
o Containers
o Cloud Native
o VDI
o HPC
o AI / ML Ops
 Multi-Cloud
o Hybrid Cloud
o Microsoft Azure
o Amazon Web Services
o Google Cloud Platform
o VMware Cloud
o Other public clouds
 Managed Co-Lo Services
o Deployment
 Deploy in colocation facility and connection to Dell’s service management used to create and delete resources on the supported cloud platforms  Configure remote management and interconnections
o Event Monitoring and Security
 24/7 Monitoring alerts, thresholds & trends on space, power and networking in the colocation site
o Incident Management
 Manage incidents in the colocation site and problems to resolution o Operational Management
 Maintain service management infrastructure for secure remote access  Configure network interconnections and manage networking capacity  Execute service expansions in colocation space
o Continuous Improvement
 Ongoing review of procedures, configurations, skills

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Innovation in Education with Dell Technologies
Today, education is at a pivotal moment. Schools, colleges, and universities are in the middle of a significant shift in educational models, delivering both unique learning models and student campus experiences through digital transformation. Students are increasingly taking advantage of technology on demand to meet their own learning needs and chart their own path to workforce readiness. This change around why, how, and when students are learning is a driving force behind the growing need for advanced technology in higher education on campuses.

Based on Dell research, we believe that 85% of the jobs that will be available in 2030 have not even be en invented yet. In 2030, we’ll value skills like contextualized intelligence, in-the-moment learning, automation literacy, entrepreneurial mindset, and personal brand cultivation. More than anything, the ability to gain new knowledge – to learn – will be valued more than even the knowledge that people already have. So, we see our North Star - how can institutions begin to address students’ expectations in order to best prepare them for that future/changing world? At Dell Technologies, we love finding new ways to help our educational partners innovate, to bring new and exciting topics and methods of learning to the modern student.

A handful of the creative programs we are currently engaged in are:

Soar with MENTOR
Soar with MENTOR is a program developed by Dell and Intel for students to inspire, educate, and equip a cohort of select female students with the necessary knowledge, skills and dispositions to be successful in life, and possibly at Dell Technologies in the future. We recognize the importance of diversity and inclusion in all organizations and believe that providing development and mentorship opportunities to female post - secondary students will help assist in the future success of these students.

We have already begun to work with the University of Colorado campus champions to bring this program to CU students as the first of it’s kind in the United States (previous programs have all been in Canada).

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AI For Workforce
Dell Technologies and Intel have implemented a comprehensive AI readiness program in partnership with post-secondary education systems and governments worldwide. In the US this program goes a bit further to focus on building the future AI -ready workforce through post-secondary opportunities with the objective of ‘empowering learners and workers with AI skills in an inclusive way’.

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Girls Who Game

Offered through a partnership between Dell, Microsoft and Intel, the “Girls Who Game” program encourages girls to get into the world of gaming, exposing them to new ways of applying STEM learning. This is an engaging technology-based program designed to captivate female students in grades 4-8 in learner-driven experiences to build their technology, lea dership and communication skills. We have also brought educational opportunities via a pilot internship program for young women in secondary education via the Girls Who Game Equity program, teaching them how to host professional panels that are streamed live on public streaming services.

We at Dell Technologies believe that our partnership runs deeper than just making sales. Some of the ways we can help elevate those sales made on campus are:

Classrooms of the Future
With more students requiring a mix o f in -person and online learning through HyFlex models, Dell Technologies has partnered with numerous K-12 and Higher Education institutions to improve collaboration between faculty and students regardless of how they attended class. Many schools and univer sities need to deploy a connected classroom solution while staying within budget requirements. One example of a connected classroom setup Dell has recently helped build at a regional university in the West, uses a Dell 75-inch 4K interactive touch monitor, Dell OptiPlex Micro desktops and Windows Whiteboard software instead of traditional smartboards, Dell PCs and projectors. In these classrooms, any number of remote or in-person students can see and interact with a virtual whiteboard. This includes adding notes, sharing files

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and running applications. The CIO of this university shared with us that “faculty utilizing this innovation, can simply pull up a file that has a template whiteboard image and instantly pick up where they left off in their last class as well as spontaneously present rich media content and annotations”.

Educational Road Shows / Guest Lecture Series / Educational Strategists Dell Technologies prides ourselves on the expertise and knowledge of our team members. Not only do we have expert client specialists and technologists to help explain and elaborate on the newest in our hardware offerings, but we also have a dedicated team of educational strategists. Our education strategists are former educators and staff from academia who are well versed in Technology Solutions for Higher Education, and will act as advisors, guides, and champions for the University of Colorado.

In addition to understanding the higher education landscape, partnering with the University of Colorado on webinars and speaking engagements, and being champions for academic institutions, Dell Technologies Education Strategists can also help in a variety of other functions:

Strategy
● Have conversations about strategic initiatives at higher education institutions ● Participate in discovery meetings with higher education leaders ● Assist CU in their IT alignment of goals and plans to Institutional Strategic goals and plans ● Serve as higher education consultant and advisor
● Serve on advisory boards
● Facilitate Visioning Days and Dell Tech Days
● Participate as thought leaders in the industry via keynotes, speaking at industry events, PR, blogs, social media, and whitepapers (such as the upcoming whitepaper in partnership with the Chronicle of Higher Education featuring the CU Boulder Libraries program and research study around helping students obtain adequate hardware – to be published very soon!)

Relationships
● Foster new relationships with university executives and build the bridge to the Dell team ● Develop agendas and participate in Executive Briefings at Dell Centers ● Make connections across and within institutions
● Help foster and develop collaborative partnerships
● Focus on building relationships outside of IT
● Help our customers network with each other and share best practices

Innovation
● Advance cultures of innovation and transformation
● Support learning transformations with students at the center ● Research technology solutions and provide information to customers

Our founder, Michael Dell, expresses it succinctly in his quote “Our business is about technology, yes. But it's also about operations and customer relationships.” Dell Technologies has shown that we not only care

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about education and its impact on the world but are actively engaged in dedicating resources to be the best possible partner for academic organizations.

Elevating CU Gaming Initiatives
We have built a strong relationship with the various CU Gaming groups, working to help elevate their mission of establishing the University of Colorado as a leader in the academic, career pathway, and research arenas of gaming and esports. A local and national expert in this field, Dell Education Strategist Danielle Rourke frequently engages with faculty, staff, and students at CU campuses and works to bring advisory and volunteer opportunities to them to help elevate their goals and involvement in the state and beyond. She hosts a monthly gaming council collaborative of esports leaders from around the state of Colorado to help advise the CDHE on ways Colorado can become the future hub of educational esports. This group created a report for the CDHE called “Report and Recommendations on Gaming and Esports in Colorado” (please ask for report if desired) and has helped advocate for a statewide esports league in higher education.

Dell Technologies was also a gold-level sponsor of COLTT 2021 and Danielle facilitated the session tit led “Esports in Colorado Higher Education - More than just a game” with CU Gaming Director of Esports as a speaker.

We have also brought opportunities for the student leaders from CU Gaming to be an integral part of conferences such as the 2022 Phi Theta Kappa Catalyst conference’s inaugural multi -day esports events.

Our appreciation for their involvement was only matched by the potential opportunities and networking connections they gained from the event.

Dell Technologies also already has a solid relationship and presence at the University’s various on- site retail facilities:

Dell Member Purchase Program
Dell Technologies and the University of Colorado have an extensive partnership for faculty, staff, and students to purchase and earn rewards through our Member Purchase Program:

What is the Member Purchase Program?
MPP is a mem bership program within the Dell Consumer branch. Members include employees, family, friends and students of your organization or school. We offer a wide array of benefits to our members, including but not limited to:
 Exclusive monthly offers
 Best price guarantee on consumer PCs from Dell
 Dedicated Dell contact for help with purchases, custom programs and more  Free enrollment in Dell Rewards Program
Best Price on Dell.com
Dell MPP provide s your employees and/or students with several advantageous benefits with a goal of putting the right consumer technology in their hands . Take advantage of the customized program s and dedicated resources to elevate the savings and purchase experience. To take advantage of these deals, please visit Dell.com/CU. Your Dell MPP contact is Alissa Stevens , who can be contacted at [email protected] or 512-723-6273.

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Dell Rewards Program
Dell Rewards is an added benefit for your employees when they enroll in MPP’s free reward program. Your employees will receive 3 percent back every time they purchase with their Rewards membership to use on thousands of top-brand electronics, plus free expedited shipping. Learn more at: Dell.com/rewards.

Included in our Progress Made Real goals for social impact, Dell Technologies believes that sustainability is a critical factor in the future of not only our business, but all life on our planet. We recognize it is also important to our educational customers and have created many initiatives to be a partner in sustainability.

One such program is our annual Erase E-Waste Sweepstakes:

We also have recycling programs via our services organization.

Dell Technologies also believes strongly that today’s students are tomorrow’s valued team members. We have a number of programs to help prepare students for their future careers in technology:

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Student Tech Crew

Dell Student TechCrew is a student-led IT helpdesk on high school campuses which promotes future career skills and learning via hands- on experience as students help their peers and school staff members with technology issues. It began as a pilot for the 2019 -20 school year in the U.S. and Canada. Students who participate in the program become certified Dell technicians via the Dell TechDirect Program, which gives participating campuses access to an increased number of technicians by training, leveraging the expertise of students to serve students.

As part of the Dell Student TechCrew curriculum, students receive industry-standard training to service Dell desktops and notebooks. They also complete the required training to become Dell TechDirect -certified technicians. The program teaches student participants to fix computers while also building their professional career skills. The curriculum is divided evenly between technical training and the “soft skills” required for 21st-century careers.

We also offer technology certification programs that universities can utilize to train students for future careers. Please see this customer story between students of Fayetteville State University and the City of Fayetteville.

NextGen Sales Academy
NextGen Sales Academy was created to build the next generation of Dell Technologies sales leaders and field sellers. Through an industry-leading training and enablement program, we are focused on developing ambitious early in career talent along an accelerated career path. Our sellers focus on data center technology. The program is a 2-3 year commitment, with a requirement to relocate to either Round Rock, TX or Hopkinton, MA for the duration of the program.

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Dell Technologies Internships
At Dell Technologies, we are always looking for the next generation of innovative thinkers to drive our business forward. Whether students are looking for internships, co-ops or development programs, we’ll help them build the skills they need, while working on meaningful projects starting on day one.

Students start by exploring our https://jobs.dell.com/internships website for opportunities that sound intriguing to them, such as:

Associate Inside Sales
Representa�ve
o 6-9 months
o Renowned training
program covering
both sales and
technology
Inside Sales
Representa�ve
o 18 months
o Carry a quota
o Run full sales
campaigns
Field Sales
Specialty Sales
Sales Management
Your path with Dell Technologies Next Gen Sales Academy

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We also have a number of volunteer opportunities for our programs (like Girls Who Game and Soar with MENTOR) that we have worked with our university hiring team to recognize as important differentiators on student resumes.

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Tab 9 - Required Documents

 Federal Funds Certifications

 Clean Air and Water Act & Debarment Notice

 Contractors Requirements

 Required Clauses for Federal Assistance by FTA

 Federal Required Signatures

 Antitrust Certification Statements Texas Government Code § 2155.005

 State Notice Addendum

Please see requested documents beginning on the following page.

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FEDERAL FUNDS CERTIFICATIONS

Participating Agencies may elect to use federal funds to purchase under the Master Agreement.

The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process.

Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
• Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
• Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay **To the extent, terms are applicable and mandatory by law to the agreement between the District and Dell; Dell agrees** **To the extent, terms are applicable and mandatory by law to the agreement between the District and Dell; Dell agrees** *Not applicable. Not a construction contract

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wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

*Not Applicable
*Not Applicable

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

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the *Not Applicable
**If the contract exceeds $100,000, Dell certifies compliance of the referenced clean air act.** Dell Agrees

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offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS

INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY

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

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

Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

**If the contract exceeds $100,000, Dell certifies compliance of the referenced lobbying and disclosure laws to the extent possible** **To the extent the terms are applicable and mandatory by law to the agreement between the District and Dell, Dell agrees.** *Not Applicable
Not applicable to commercial IT Products

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CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.

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

**To the extent the terms are applicable and mandatory by law to the agreement between the District and Dell, Dell Agrees** Dell Agrees

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CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE

By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

Dell Agrees

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CONTRACTOR REQUIRMENTS

Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed.

Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.

Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Dell Agrees

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REQUIRED CLAUSES FOR FEDERAL ASSISTANCE

PROVIDED BY FTA

ACCESS TO RECORDS AND REPORTS

Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.

CIVIL RIGHTS / TITLE VI REQUIREMENTS

1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.

2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:

a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees It will apply "to the extent determined by the FTA to be applicable to this particular contract based on the status of the grantee and the type of contract issued".

Dell Agrees

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to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.

b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.

c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities.

Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.

d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.

3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.

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4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION

This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.

1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.

3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

Dell Agrees

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ENERGY CONSERVATION REQUIREMENTS

Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The provisions include, in part, certain Standard Terms and Conditions required by the U.S.

Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

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

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me Dell Agrees
Dell Agrees
Dell Agrees
Dell Agrees
Dell Agrees

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made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

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

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

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

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FEDERAL REQUIRED SIGNATURES

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

Offeror __________________________________________________________

Address __________________________________________________________

City/State/Zip __________________________________________________________

Authorized Signature __________________________________________________________

Date __________________________________________________________

Dell Marketing L.P.

One Dell Way
Round Rock, Texas 78682
11/16/2022
*To the best of my knowledge and belief.

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ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005

I affirm under penalty of perjury of the laws of the State of Texas that:

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

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

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

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

Company Name __________________________________________________________

Address __________________________________________________________

City/State/Zip __________________________________________________________

Telephone Number __________________________________________________________

Fax Number __________________________________________________________

Email Address __________________________________________________________

Printed Name __________________________________________________________

Title __________________________________________________________

Authorized Signature __________________________________________________________

Dell Marketing L.P.

One Dell Way
Round Rock, Texas 78682
512-720-7429
n/a
[email protected]
Stacey Skala
Proposal Manager

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STATE NOTICE ADDENDUM

The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:

http://www.usa.gov/Agencies/State_and_Territories.shtml

https://www.usa.gov/local-governments

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Proposal Legal Notes
Dell Marketing L.P. 99
Proposal Legal Notes
Dell Technologies conducts operations through its subsidiaries and is the parent company to contracting legal entities Dell Marketing L.P. and EMC Corporation.

The contents of this response, including all elements of proposed pricing, performance level agreements and any referenced terms and conditions, apply only to direct purchases with Dell Technologies.

Terms & Conditions
This proposal will remain valid for 120 days from the date of submission of the proposal. Final pricing and other legally binding contract terms must be agreed or confirmed between the parties.

Dell is submitting this proposal subject to the exceptions to the REQUEST FOR PROPOSAL (RFP) FOR Technology Solutions, Products and Services, SOLICITATION NUMBER 45-22 (RFP) terms and conditions included herewith. Dell welcomes the opportunity to negotiate its exceptions and the terms and conditions to come to a mutually acceptable governing agreement with customer. Dell’s submission of a proposal does not indicate acceptance of those RFP terms and conditions identified in our exceptions.

If the RFP allows customer the discretion to reject a bid that takes exceptions to the RFP terms and conditions, Dell requests the opportunity to review and discuss its exceptions with customer further.

Disclaimer
This proposal (and information contained herein) is provided to you for information purposes only. Dell Technologies is not responsible for any errors or omissions relating to this proposal or that may occur as a result of the passage of time. In addition, Dell Technologies may improve or change this presentation or improve or change its products and service offerings from time to time, without updating this proposal.

Please contact your sales representative for updates or additional information.

Confidentiality
This proposal (and information contained herein) is Dell Technologies Confidential Information, and your access and use are subject to and governed by the terms of your written nondisclosure agreement with Dell Technologies. In the absence of an applicable, written nondisclosure agreement between you and Dell Technologies, your access and use of this proposal (and information contained herein) shall be limited as follows: you will maintain the confidentiality of the Dell Technologies Confidential Information with at least the same degree of care that you use to protect your own confidential information, but no less than a reasonable degree of care under the circumstances; you may use the Dell Technologies Confidential Information only for the business transaction between you and Dell Technologies (“Purpose”); you may disclose Dell Technologies Confidential Information only to your employees who have a need to know the information for the Purpose and are legally bound by similar nondisclosure terms; and you will not disclose Dell Technologies Confidential Information to any other employee or to a third party.

Note
This information may be exempt from disclosure under open records and/or freedom of information act (foia) statutes and regulations. Dell reserves all rights available to it under applicable law to appeal any disclosure to a third-party accordingly.

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Pricing Notes
Dell will provide the minimum discounts for the offers described in the Discount Category Matrix on Tab 7.

The discounts are applied to Dell’s then current Manufacturer Suggested Retail Pricing (MSRP) and Dell reserves the right to change the MSRP (which would also change the discounted selling price) at any time to apply to future orders. Regardless of the Category in which they may be sold, Dell shall not be obligated to provide any discounts with respect to APEX-branded products or offerings.

Dell maintains a Retail Price list online located at: http://ftpbox.us.dell.com/slg/weekly/dellpricereport.pdf.

The Price List is updated weekly, is available for download from this site in lieu of hard copy distribution and excludes promotional offers. Systems configured and discounted by your Dell’s Sales Representatives or through on-line stores and Premier Pages, are based upon then-current retail pricing and exclude promotional offers.

Changes to retail prices are subject to Dell’s discretion and generally take effect immediately, allowing us to provide price decreases and to introduce new products without waiting for a formal price list to be updated. Product Classifications and Categories may be changed by Dell without notice.

Where a Dell-branded product is comprised of both hardware and services, the resulting Discount Off List percentage will reflect a blend of the contract discounts associated with the hardware and tied services components of that product.

Where Dell sells third-party products on a “discount-off-list” basis and does not receive a list price from the manufacturer, Dell assigns a list price. Prices for custom services are agreed to through a separate Statement of Work and not included in the proposed prices herein. Where “discount off list”, “cost plus”, or “cost minus” calculations are used to determine pricing, Dell’s standard discount product category list, product category or classification assignment for a particular product is subject to change by Dell and could affect pricing of that product.

Pricing, if included, may be subject to change in the event of an industry wide material constraint or shortages, including but not limited to memory, or other manufacturing materials or components, or due to other factors beyond Dell Technologies’ reasonable control. Products may be discontinued or revised (including components thereto) at any time without notice. Should the initial proposed product(s) be discontinued before the replacement product(s) reach price parity with initial product(s), Dell Technologies reserves the right to re-negotiate pricing. For global proposals utilizing Dell Technologies’ currency exchange hedge rates, rates are updated quarterly and only valid for the current quarter from the proposal submission date.

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Included on the following pages:
● Dell and the Environment
● Dell's Diversity and Equal Employment Opportunity Policy ● Dell Supplier Diversity Program
● Dell Premier for IT Procurement Overview
● Dell Limited Hardware Warranty
● Dell Return Policy
● Dell Financial Services

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Appendix A - Dell and the Environment
Our Ability
We help our customers minimize their environmental impact by delivering energy- efficient products and easy, responsible electronics recycling.

We also aim to reduce environmental impacts throughout the sustainability life cycle. This approach means designing our products with the environment in mind, finding more eco-friendly ways to build and ship them, and working to reduce our collective footprint.

Design
Designing with the environment in mind from the very start ensures all Dell products and services help customers reduce their impact and meet their goals.
● Environmental Design
● Follow the Eco-label
You want eco-friendly products without sacrificing performance or reliability. Instead of one eco-friendly product, we design all products with the environment in mind. We’re committed to developing innovative products and services that help you do more while minimizing your environmental impact.

All product design follows our Design for Environment specifications where we make choices that can minimize impact at each stage of the product life cycle. Also, a large number of Dell products are registered to ENERGY STAR and EPEAT eco-labels to make it easy for you to choose.

Build

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Building responsibly means our operations, and those of our supply chain, are committed to operating sustainably. It’s good for business and good for the planet. ● Zero Waste
● Climate Change
As a global citizen, Dell is committed to minimizing the impact that our operations, and those of our supply chain, have on the planet and the communities we live and work in. We believe it’s possible to succeed in business without doing harm to the environment.

Central to this idea is the practice of using resources responsibly. With energy, water, forestry resources and on the manufacturing floor, we avoid waste in all its forms and work with our supply chain to do the same. We strive to recycle them back into usefulness or to obtain them from renewable and sustainable sources.

Additionally, we recognize that climate change is real and we all have a role to play in transition to a lower- carbon economy. Success is possible through a combination of global emissions reductions, efficiency improvements and a transition to renewable energy sources. To these ends, we have committed to measuring and reducing the impact of our own operations, including our supply chain, our own operations and the impact of our products and services.

Ship
From renewable packaging to smarter shipping, Dell takes an innovative, strategic approach to efficiently delivering products around the world every day.

Packaging protects products. Shipping gets them where they need to go. Reducing that impact requires a strategic commitment to reducing waste by shrinking packaging, selecting renewable materials and striving to make our packaging recyclable, so it doesn’t become a customer’s waste problem. It also requires constant optimization of an expanding supply chain, always looking for the efficiencies that reduce trips and cut emissions, all while ensuring customer products arrive safely and on time.

Use
Every day, customers are using Dell products and services to help them reduce their environmental impact and achieve their sustainability goals.

Whether to mitigate risk, create new opportunities, reduce operating costs or improve their brand, companies are looking to reduce their environmental footprint. Increasingly, our customers are realizing that technology can be a major driver of this transformation.

But green IT — technology that itself leaves a smaller footprint — is not enough. We help our customers look at IT for green technology that enables them to address their sustainability goals and take control of their resources in a way that creates value. While better design will minimize environmental impact throughout a product’s life cycle, the true measure of technology’s power is how our customers use it to unleash new possibilities and change their world.

Recycle
Recycling is critical to helping drive sustainability, returning materials to usefulness. Around the globe, we offer easy, responsible recycling options.
● Business Recycling
● Dell Reconnect
As technology is progressing quickly, e-waste is piling up in our offices and homes, or worse, our landfills.

According to the Environmental Protection Agency, over 200 million pieces of computer-related e-waste are being generated annually. Yet, only approximately 18 percent is being recycled, which leaves over 150 million pieces of equipment in our landfills each year.

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To help prevent the environmental impacts of e-waste, Dell provides multiple hassle-free options for disposing your e-waste responsibly and keeping it out of our landfills either directly or through our partnerships.

Dell’s moonshot goal is that by 2030, for every product a customer buys, we will reuse or recycle an equivalent product. 100% of our packaging materials will be sourced from recycled-content or renewable materials. More than half of our product materials will be sourced from recycled-content or renewable materials.

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Appendix B - Dell's Diversity and Equal Employment
Opportunity Policy
Diversity, inclusiveness and respect for all Dell employees form the basis of Dell's Winning Culture and are essential to Dell's success. Dell values each individual’s distinct contribution and leverages our collective strengths to ensure that Dell remains the technology solutions company of choice for customers around the world.

Dell is an Equal Opportunity Employer and Prohibits Discrimination and Harassment of Any Kind Dell is committed to the principle of equal employment opportunity for all employees and to providing employees with a work environment free of discrimination and harassment. All employment decisions at Dell are based on business needs, job requirements and individual qualifications, without regard to race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations in the locations where we operate. Dell will not tolerate discrimination or harassment based on any of these characteristics.

Dell's Commitment to a Workplace Free of Discrimination and Harassment is Far Reaching Dell's commitment to equal employment opportunity applies to all persons involved in the operation of Dell’s business and prohibits discrimination or unlawful harassment by or between any Dell employee, including officers, supervisors and coworkers, or applicants for employment at Dell, or by or between any Dell employee and any employee of Dell's customers, independent contractors, vendors or other strategic partners. All employees are responsible for maintaining a work atmosphere free from discrimination and unlawful harassment by treating others with dignity and respect.

Unlawful Harassment is Prohibited
Unlawful harassment can take several forms, including verbal, visual or physical conduct that creates an offensive, hostile or intimidating work environment. Conduct that can contribute to unlawful harassment includes, but is not limited to:
● Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments
● Visual conduct such as derogatory and/or sexually oriented posters, photography, cartoons, drawings or gestures
● Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with work because of sex, race or any other protected characteristic ● Threats and demands for sexual favors as a condition of continued employment or to avoid some other loss, and offers of employment benefits in return for sexual favors ● Retaliation for having reported or threatened to report harassment Dell Employees Are Encouraged to Report Discrimination, Harassment, Retaliation or the Threat of Retaliation
Dell employees who witness or believe they have been subjected to discrimination, harassment, retaliation or other inappropriate conduct are encouraged to report such conduct immediately in accordance with the Raising/Resolving Issues and Concerns section of the Code of Conduct. This includes, but is not limited to, contacting your manager, Human Resources representative, the Office of the Ombuds (if available), the Global or Regional Ethics Office, or the Ethics Helpline at 1-888-888-9975. All such reports will be investigated promptly and as confidentially as possible and appropriate corrective action will be taken. No employee who makes good faith reports of discrimination, harassment or retaliation will be subjected to reprisal or damage to their career, reputation or employment at Dell.

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Dell Strives to Reasonably Accommodate Its Employees
Dell provides equitable treatment and reasonable accommodations for employees and applicants in accordance with federal, state and local laws. A reasonable accommodation for an employee with a disability may include modification of policies and procedures, an adjusted work schedule, special equipment or transportation, or other job modification to optimize the individual’s job performance, if such accommodation does not result in an undue hardship to Dell's business.

Individuals who desire a workplace accommodation under any applicable law may make a request for such an accommodation, preferably in writing, to the individual’s supervisor or Human Resources representative.

Enforcement and Potential Discipline
Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment from Dell.

Revisions and Revocation
This policy in no way constitutes a contract between Dell and any employee and may be revised or revoked at any time, with no advance notice.

For more information regarding Dell's Diversity & Equal Employment Opportunity Policy please visit:
http://www.dell.com/learn/ae/en/aecorp1/corp-comm/cr-equal-employment-opportunity

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Appendix C - Dell Supplier Diversity Program
Mission
The mission of Dell Global Supplier Diversity is to deliver superior supplier performance through highly-qualified minority, women and small businesses to deliver technology solutions that enable people everywhere to grow and thrive. As part of our commitment to diversity, we source products and services from women and other diverse business owners globally. We
measure our achievements in identifying and buying from those businesses that are owned, operated, managed, and controlled by women and others who are underrepresented.

Action
Dell develops strategic, sustainable relationships with a very diverse group of qualified suppliers. Our customers come from every nation, culture, and walk of life, and it’s important that all aspects of our business reflect that same diversity.

Why Supplier Diversity makes us Stronger
● It supports both Dell and customer corporate social responsibility, vision and goals ● It enables customers to satisfy federal, state and local diversity requirements ● It demonstrates a commitment to the communities in which we live and work ● It utilizes partnerships to capitalize on the demographic shift in minority populations Suppliers
Diverse companies that meet Dell’s procurement specifications and standards of excellence have an opportunity to partner with Dell in delivering quality products and services to Dell and its customers. The Billion Dollar Roundtable (BDR) recognizes corporations that have achieved spending of at least $1 billion with minority and women-owned suppliers. In FY20, we started the Supplier Diversity Development Program. Seven diverse suppliers participated in the FY20 program and paired with Supplier Diversity Champions that served as mentors.

Our purpose is to drive diversity and inclusion within our supply chain by using prime, qualified and capable suppliers. We evaluate and qualify suppliers based on their ability to meet best in class cost, supply chain process, quality, technology, time to market, and service experience. Good faith efforts that Dell leverages within our supplier diversity program include:
● Sourcing suppliers with strong supplier diversity programs themselves ● Including supplier diversity language in contractual agreements ● Monitoring spend levels through reporting
● Providing feedback and recommendations on our supplier partnership community Culture
Dell has developed a Supplier Diversity Structure which includes the development of Diversity Teams, Ambassadors and Champions. These diversity advocates engage and promote Supplier Diversity concepts within each of their business space ensuring a widespread success. Each business function has

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an associated Dell employee who acts as a champion on behalf of Dell and for customers. The Champion is the liaison between the diversity team and the business function with a mission of driving diverse spending and establishing diverse suppliers within their space. With this structure, Dell is able to extend our reach to all business functions within our company and these champions play a critical role in the success of our supplier diversity program.

The Global Ambassador Program
The objective of the Global Ambassador Program is to drive incremental growth of diverse spend beyond the United States in support of customer requirements. Similar to the role of Diversity Teams and Champions, Global Ambassadors’ drive diverse spend outside of the U.S. and throughout supported global regions. To date, Dell has eight Ambassadors representing China, India, Central and Latin America, the United Kingdom, Australia, and Canada. These Ambassadors serve on advisory boards, encourage certification through global partners, and champion Dell’s supplier diversity efforts globally.

Affiliations
Dell participates with the following diversity organizations in support of growth and development of small, minority and women-owned suppliers:
● National Minority Supplier Development Council (NMSDC) ● Southwest Minority Supplier Development Council (SMSDC) ● Women’s Business Enterprise National Council (WBENC)
● Women’s Business Council Southwest (WBCS)
● Small Business Administration (SBA)
● National Veteran Business Development Council (NVBDC) ● National LGBT Chamber of Commerce (NGLCC)
● Disability:IN
● WEConnect International
● Minority Supplier Development China (MSD)
● Broad-based Black Economic Empowerment (South Africa) Outreach
As part of our outreach program, Dell has a Supplier Diversity website which allows diverse suppliers to provide information about their company to us. This is uploaded to an online database which our purchasing organization can access to identify diverse suppliers with RFQ/RFI opportunities. The link for this website is Supplier Diversity Registration Survey (smartsheet.com)

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Appendix D - Dell Premier for IT Procurement Overview
At Dell Technologies, we have always been at the forefront of technology. We have a strong and vast portfolio of products, expertise, and services. Over the past few years, however, the technology world as we know it has changed. We’re living in the data era—a time where customers want to shop, learn and purchase products with just a few clicks. They expect their technology to know what they need before they know they need it. The vision to be the most essential technology company for the data era focuses our goals on how all our customers – from consumer to enterprise – buy for the better through our online platform.

Dell Premier helps you save time and money, by shopping for your Dell products and solutions on a tailored site that streamlines purchasing and offers greater autonomy and control over your procurement ecosystem. The customization options for your Dell Premier portal page, enables you to fulfill your business needs throughout all phases of IT product ownership.

Using Dell Premier, you can:
● Shop a complete line of fully customizable business-class products, software & accessories. ● Set company-wide standards for product configurations, custom services and shipping options and purchase at your organization’s negotiated rate.
● Prepare and save system configurations as an eQuote for repeat or future purchase at a later date. ● Retrieve and purchase sales-created quotes
● Purchase parts and upgrades for your existing hardware ● Retrieve detailed invoice, open order and purchase history reports or build your own report. ● Manage what users can see and do with defined access groups and user roles. ● Access your personalized Account page to manage your day-to-day account needs, like your address book, user access levels, reporting, and more. Orders that are placed via Dell Premier write frictionless to Dell’s order management system, which means our customers typically receive their orders quicker and with less errors.
● You can also use the Dell Premier local online or global platform to integrate into your existing ERP or ITSM system.

In short, Dell Premier makes the whole process of doing business with Dell easier and more cost-efficient.

Product Catalog Offerings
Dell Premier offers a number of product catalogs (including a custom catalog option) that will provide you access to systems, software and peripherals products at your negotiated pricing. ● Systems Catalog: This catalog offers the user access to Dell’s entire line of products. ● Software & Peripherals Catalog: This catalog offers the user access to thousands of accessories, software titles, parts, and upgrades.
● Standard Configurations: This catalog offers systems and/or software & peripherals that can be customized to show only the customer’s agreed upon products at negotiated pricing.

Both Systems catalog and standard configurations give you access to

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― Dell Smart Selection (Stocked): From your Premier page, you can easily order pre- configured systems by Dell experts based on customer insights. With Smart Selection, you get Dell's most popular business PCs with a simplified ordering process, accelerated delivery, and optional configuration services. Smart Selection systems are in stock and ready to ship. ― Custom Build (Non-stocked): From your Premier page, you can easily order alternative configurations that meet your needs.
eQuotes
Shopping carts can be saved as eQuotes by any shopper and forwarded to an authorized buyer for review. With e-quote functionality:
● End users configure and price their own systems
● Managers or authorized buyers receive e-mail notification of saved e-quotes for review and approval
● Time-consuming double-entry of order information and costly errors are reduced ● Purchasing bottlenecks are diminished, while spending controls stay in place You can easily access and purchase eQuotes as well as Sales Quotes via your Dell Premier Page. eQuotes can be modified online prior to purchase. Sales Quotes are generated by a Dell Sales Representative and can be retrieved and purchased through Dell Premier. However, any modifications require Dell Sales Support.

Turn sales quotes into orders quickly and easily.

You can easily retrieve the quotes provided by your Dell Technologies account team, in addition to quotes that you create online, all on your secure Dell Premier portal.

Get your orders underway online 24/7, leverage self-service to order your quotes, track all your Dell orders and even download your packing slips or invoices.

Secure Online Ordering
Secure online orders can be placed at any time through an intuitive, streamlined checkout process.

Real time Order Tracking
When placing an order via Dell Premier, automated email notifications keep you informed of your Dell order status.

At any time, you can access the Online Order Status tool to check the status of your order and view a variety of options relating to current and past Dell purchases (up to two years). You can track orders placed via your Dell Premier page or via your Dell account team.

Reporting
Dell Premier provides easy access to comprehensive, up-to-date, and customizable data regarding all your Dell transactions. Its sophisticated reporting functionality is designed to help you to plan your purchasing, verify your payments, and manage your assets -- all at the click of a mouse. Flexible options allow you to search and sort the information so it's most useful to you.

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Security and User Access
Custom-defined access roles support your approval process and control unapproved buying. Dell Premier enables customization of what users can do and see. An employee’s access is limited to the information and tools that they need, and the designated administrator in your organization can modify the access role of a user as needed.

Your account team Information
Dell Premier enables easy access to the right Dell contacts. Whenever you want to inquire about products or check prices or an order, your Dell Account Team representative is always standing by to take your call.

Premier Notifications Center
Our messaging center provides you with relevant and timely updates regarding your Dell Premier experience.
● Get automatic notifications about:
● standard configurations
● order processing updates and delivery status
● eQuote status changes
● your Dell account team
● Premier news including latest features
ImageWatch
You can sign up for Dell's ImageWatch service (NDA required) in Dell Premier to view information about technology changes. It provides a 6-months outlook on: Ready To Ship & End Of Marketing Life, for platforms, hardware and software.

ImageWatch service can help you prepare a proactive procurement plan that incorporates future technology changes and minimizes their impact.

Benefits:
● Proactive planning of product changes & transitions.
● Global Standard Platforms (GSP) and their regional availability. ● Ability to create and share product configurations between your company and your account teams. ● Monitor & receive change notifications via dashboard views and on-demand e-mail alerts Accessibility
Dell Technologies is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

The commitment of Dell to diversity and to provide the best customer experience helps us to remain competitive in the marketplace. In Dell’s ongoing efforts to strive for accessibility, Dell is committed to the principles and goals of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG).

Dell works toward the goal of meeting the Level AA criteria as set forth in the guideline.

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