Rancho Cucamonga City Council
May 21, 2026

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Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departmen ts, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Age ncies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expres sion), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conduct ed or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by prog ram or incident.

Persons with disabilities who require alternative means of comm unication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should co ntact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA throug h the Federal Relay Service at (800) 877-8339.

Additionally, program information may be made available in lang uages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information reques ted in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights , 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3)
email: [email protected].
(Title VI of the Education Amendments of 1972; Section 504 of t he Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nu trition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.

Not a negotiable term. Failure to agree by answering YES will r ender your proposal non-responsive and it will not be considered. I certify that in the performance of a contract wit h TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations.

Yes, I certify (Yes)
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2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members:

The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds.

The ESC Region 8 and TIPS Members are the subgrantee or Subreci pient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Pr ovisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.

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2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold cu rrently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council an d the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address admini strative, contractual, or legal remedies in instances where contractors violate or breach contract terms, a nd provide for such sanctions and penalties as appropriate.

Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members 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.

Does vendor agree?
Yes
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2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in e xcess of $10,000 resulting from this procurement process for cause af ter giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and condi tions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in e xcess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the a warded vendor. The vendor would be compensated for work performed and goods procured as o f the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services fr om other vendors when it is in the best interest of the ESC Region 8 and TIPS.

Does vendor agree?
Yes
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2 CFR PART 200 Clean Air Act
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pol lution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,00 0 must contain a provision that requires the non-Federal award to agree to comply with all applicable standa rds, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Poll ution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agen cy and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certif y that during the term of an award by the ESC Region 8 and TIPS Members resulting from th is procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein.

Does vendor agree?
Yes

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2 CFR PART 200 Byrd Anti-Lobbying Amendment
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 th e tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influe ncing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employ ee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, gra nt or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal fund s 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 the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein.

Does vendor agree?
Yes
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2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requiremen ts issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, sub contracts, and subgrants of amounts in excess of $250,000)
Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Prot ection Agency regulations (40 CFR part 15).

Does vendor certify that it is in compliance with the Clean Air Act? Yes
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2 CFR PART 200 Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a poli tical subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as am ended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procurin g only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that c ontain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purc hase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year excee ded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recover y; and establishing an affirmative procurement program for procurement of recovered materials identified in th e EPA guidelines.

Does vendor certify that it is in compliance with the Solid Was te Disposal Act as described above? Yes

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2 CFR PART 200 Rights to Inventions
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 busin ess firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimen tal, 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 Busines s Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issue d by the awarding agency.

Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement pro cess, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above.

Does vendor agree?
Yes
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2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-F ederal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not l imited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must b e included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all man ufacturing processes, from the initial melting stag through the application of coatings, occurred in the United Sta tes. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products su ch as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.

Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a p reference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (in cluding but not limited to iron, aluminum, steel, cement, and other manufactured products).

Does vendor agree?
Yes
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2 CFR PART 200 Ban on Foreign Telecommunications
Federal grant funds may not be used to purchase equipment, serv ices, or systems that use “covered telecommunications” equipment or services as a substantial or e ssential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of s uch entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidi ary or affiliate of such entities).

Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems t hat use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or ess ential component of any system, or as critical technology as part of any system.

Does vendor agree?
Yes

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2 CFR PART 200 Contract Cost & Price
For contracts more than the simplified acquisition threshold cu rrently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separa te element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provid e information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing t erms proposed.

Does Vendor Agree?
Yes
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FEMA Fund Certifications
Submission of this proposal is Vendor’s certification that Vend or agrees to this term. Vendor certifies that IF and when Vendor accepts a TIPS purchase paid for in full or part with FE MA funds, Vendor certifies that:

(1) Vendor agrees to provide the TIPS Member, the FEMA Administ rator, the Comptroller General of the United States, or any of their authorized representatives access to an d rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to t his contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pert aining to the work being completed under the contract. Vendor acknowledges and agrees that no language in t his contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

(2) The Vendor shall not use the Department of Homeland Securit y’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (3) The Vendor will comply with all applicable Federal law, reg ulations, executive orders, FEMA policies, procedures, and directives.

(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining t o any matter resulting from the contract.

(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administra tive Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. 6 6
Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Ven dor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.

Does Vendor agree?
Yes

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Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Co ntracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making o r entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a mate rial representation of fact upon which reliance was placed when this transaction was made or entered into. Any pers on who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be pai d by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employ ee 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 Federa l loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modific ation of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have bee n 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 F orm-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this cer tification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all ap propriate tiers and that all subrecipients shall certify and disclose accordingly.

I HAVE NOT Lobbied per above
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If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute questio n, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which i ncludes instruction on completing the form, complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or paid others to perform.
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Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.

YES

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ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal requirements?
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement,
do you agree to comply with the following federal requirements? Federal Regulation 2 CFR §200.321 Contracting with small and mi nority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must ta ke all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor su rplus area firms are used when possible. (b) Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's bu siness enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, in to smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's bus iness enterprises; (4) Establishing delivery schedules, where the requirement perm its, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be l et, to take the affirmative steps listed in paragraphs(1) through (5) of this section.

YES
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Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from
indemnifying third parties pursuant to the Texas Constitution ( Article 3, Section 52) except as specifically provided by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently
performing duties under the contract. Article III, Section 49 o f the Texas Constitution states that "no debt shall be created by or on
behalf of the State ... " The Attorney General has counseled th at a contractually imposed obligation of indemnity creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982) . Contract clauses which require the System or institutions to
indemnify must be deleted or qualified with ''to the extent per mitted by the Constitution and Laws of the State of Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and wai ver of statutes of limitations clauses should also be deleted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your propos al non-responsive and it will not be considered. Do you agree
to these terms?
Yes, I Agree (Yes)

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Remedies
The parties shall be entitled to exercise any right or remedy a vailable to it either at law or in equity, subject to the choice of law, venue
and service of process clauses limitations agreed herein. Nothi ng in this agreement shall commit the TIPS to an arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any
issues not resolved hereunder MAY be referred to non-binding me diation to be conducted by a mutually agreed upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s). T he parties shall share the mediator’s fee and any associated filing fee
equally. Mediation shall be held in Camp or Titus County, Texas . Agreements reached in mediation shall be reduced to writing, and
will be subject to the approval by the District's Board of Dire ctors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Do you agree to these terms?
Yes, I Agree
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Remedies Explanation of No Answer
Not Applicable
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Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, c onstrued and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located outside Texas.

Do you agree to these terms?
Agreed
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Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated tran saction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irre vocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now o r hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shal l be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relati ng to this procurement process or any contract resulting from or any contemplated transaction in any other cou rt. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidenc e of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objectio ns to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Sectio n may be served on any party anywhere in the world.

Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas.

Do you agree to these terms?
Agreed

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Infringement(s)
The successful vendor will be expected to indemnify and hold ha rmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees f rom any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, tra de or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and approved.

Do you agree to these terms?
Yes, I Agree
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Infringement(s) Explanation of No Answer
Not Applicable
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Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and u nambiguous language.

Yes, I Agree (Yes)
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Payment Terms and Funding Out Clause
Payment Terms:

TIPS or TIPS Members shall not be liable for interest or late p ayment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction o f the TIPS Member.

Funding Out Clause:

Vendor agrees to abide by the laws and regulations, including T exas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts ap proved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

See statute(s) for specifics or consult your legal counsel.

Not a negotiable term. Failure to agree will render your propos al non-responsive and it will not be considered.

Do you agree to these terms?
Yes, I Agree (Yes)

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Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises fo r delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance.

Fingerprint
It is possible that a vendor may be subject to Chapter 22 of th e Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted servi ces; and (2) has or will have direct contact with students
Then you have ”covered” employees for purposes of completing th e attached form.

TIPS recommends all vendors consult their legal counsel for gui dance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone numbe r is (512) 424-2474.

See form in the next attribute to complete entitled:

Texas Education Code Chapter 22 Contractor Certification for Co ntractor Employees

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Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regardin g covered employees. Contractors must certify to the district that they have complied. Covered employees with disqua lifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or su bcontractor who have or will have continuing duties related to the service to be performed at the District a nd have or will have direct contact with students. The District will be the final arbiter of what constitutes direct c ontact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a p ublic school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an of fense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedu re; or (c) an equivalent offense under federal law or the laws of another state.

I certify that:

NONE (Section A) of the employees of Contractor and any subcontractors are cove red employees, as defined above. If this box is checked, I further certify that Contracto r has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time th e contracted services are provided.

OR
SOME (Section B) or all of the employees of Contractor and any subcontractor ar e covered employees. If this box is checked, I further certify that:
(1) Contractor has obtained all required criminal history recor d information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from co ntract duties and notify the District in writing within 3 business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history reco rd information on the covered employees. (4) If the District objects to the assignment of a covered empl oyee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue us ing that covered employee to provide services at the District.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

None

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Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requ iring the contract to be subject to the laws of another state, to be required to litigate the contract in anoth er state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statu te, a “construction contract” includes contracts, subcontracts, or agreements with (among others) architects, eng ineers, contractors, construction managers, equipment lessors, or materials suppliers. “Construction contra cts” are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvemen t to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS

SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES.
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Texas Government Code 2270 & 2271 Verification Form
Texas Government Code 2270 & 2271 Verification Form

If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certif ication shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Cod e, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent co mpany of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vend or Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the te rm "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a p erson or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for o rdinary business purposes.

Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Pu blic Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found a t https://comptroller.texas.gov/purchasing/docs/foreign-terrorist .pdf

I swear and affirm that the above is true and correct.

YES
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Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, pleas e upload that information under the "Logo and Other Company Marks" section under the “Response Attachment” tab. Pre ferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (P ermission and approval will be obtained before publishing)

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Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Term s and Conditions or Item Specifications listed in this proposal invit ation? Yes
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Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions St andard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.

TIPS will consider any deviations in its proposal award decisio ns, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachm ents or inclusions.

In the absence of any deviation entry on this attribute, the pr oposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all oth er information contained in this Solicitation.

No Exceptions
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Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement ? Yes
8 8
Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agre ement language, all such deviations must be listed on this attribute, with complete and detailed conditions and in formation included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to ac cept or reject any proposal based upon any deviations indicated below. In the absence of any deviation ent ry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement.

No Exceptions
8 9
Felony Conviction Notice
Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a fel ony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the di strict determines that the person or business entity failed to give notice as required by Subsection (a) or misrepre sented the conduct resulting in the conviction. The district must compensate the person or business entity for serv ices performed before the termination of the contract.” (c) This section does not apply to a publicly held c orporation. The person completing this proposal certifies that they are authorized to provide the answer to thi s question.

Select A., B. or C.

A. My firm is a publicly held corporation; therefore, this repo rting requirement is not applicable.

OR B.My firm is not owned nor operated by anyone who has been c onvicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute.

B. Firm not owned nor operated by felon; per above

9 0
If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED TO ANSWER THE FOLLOWING QUESTIONS.

If you answered C. My Firm is owned or operated by a felon to t he previous question, you must provide the following information.

1. Name of Felon(s)

2. The named person's role in the firm, and

3. Details of Conviction(s).

Not Applicable
9 1
Required Confidentiality Claim Form
Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a respon se to this solicitation you agree to download from the “Attachments” section, complete according to the instructio ns on the form, then upload the completed form, with any confidential attachments, if applicable, to the “Response A ttachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. THIS REQUIRED PROCESS

IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL

DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to you r proposal submission. If you do not provide the form with your proposal, an award will not be made if your prop osal is qualified for an award, until TIPS has an accurate, completed form from you.

Read the form carefully before completing and if you have any q uestions, email [email protected]. 9 2
Member Access to Vendor Proposal
Notwithstanding any other information provided in this solicita tion or Vendor designation of certain documentation as confidential or proprietary, Vendor’s acceptance of this TIP S Contract constitutes Vendor’s consent to the disclosure of Vendor’s comprehensive proposal, including any in formation deemed confidential or proprietary, to TIPS Members . The proposing Vendor agrees that TIPS shall not be responsibl e or liable for any use or distribution of information or documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing.
9 3
Choice of Law clauses with TIPS Members
If the vendor is awarded a contract with TIPS under this solici tation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the a warded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.

Agreed
9 4
Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution mod el when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties.

Agreed
9 5
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member en tities.

Because TIPS and TIPS members are governmental entities subjec t to laws that control appropriations of funds during their fiscal years for contracts and agreements to provi de goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement execut ed as a result of this TIPS solicitation award to not longer than "month to month" and at the TIPS contracted rate.

Agreed

9 6
Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution th e ability of a governmental entity to indemnify others.

TIPS requires that any contract entered into between a vendor a nd TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or o ther binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ".

Agreement is a required condition to award of a contract result ing from this Solicitation.

Agreed
9 7
Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbi tration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member enti ty. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered i nto between TIPS or a TIPS member entity through an awarded contract with TIPS?
Agreed
9 8
Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS con tract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendo r must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have fur ther questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for kee ping record of all sales that go through the TIPS Agreement and submitting same to TIPS. 9 9
Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W -9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly id entify your entity. 1 0
0 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has te n (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid who lly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87
th session), the company hereby certifies and verifies that the c ompany, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of thes e entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, a ssociation, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary busine ss purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intend ed to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) eng ages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based ene rgy and does not commit or pledge to meet environmental standards beyond applicable federal and state law , or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

1 0
1 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87
th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not re ceived any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required.

Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87 th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint ventur e, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit , does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade as sociation and will not discriminate during the term of this contract against a firearm entity or firearm trade associa tion. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall me an, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from c ontinuing an existing business relationship with the entity or association based solely on its status as a firearm e ntity or firearm trade association; or (3) terminate an existing business relationship with the entity or association b ased solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established polic ies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refra in from continuing an existing business relationship, or decision to terminate an existing business relationship to c omply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any t raditional business reason that is specific to the customer or potential customer and not based solely on an entit y’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19. 1 0
2 CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas law as of September 1, 2021:

Proposing Company is prohibited from entering into a contract o r other agreement relating to critical infrastructure that would grant to the company direct or remote access to or c ontrol of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for produc t warranty and support purposes. Company, certifies that neither it nor its parent company nor any affili ate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the compan y is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; ( 2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is direct ly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructur e” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87
th leg.). The company verifies and certifies that company will n ot grant direct or remote access to or control of critical infrastructure, exce pt for product warranty and support purposes, to prohibited individuals, companies, or entities, including gover nmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, a s determined by the Governor. 1 0
3 Acknowledgement
By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questio ns, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if found to be nec essary by the proposing vendor, vendor has sought the advice of counsel in understanding all portions of the soli citation.

ADDENDUM NO. 1 TIPS 220105 TECHNOLOGY SOLUTIONS, PRODUCTS AND SERVICES This Addendum #1 does not require action from responding Vendors and does not require resubmission for Vendors who have already submitted. It is only to correct a misstatement originally included in Page 7 of the solicitation attachment entitled “220105 RFP Specifica tions.” The original Page 7 of the solicitation attachment entitled “220105 RFP Specifications” mistakenly stated at the top of the page that, “This solicitation is seeking providers for: Safety Equipment, Supplies and Services.” This Addendum No. 1 corrects it to properly state, “This solicitation is seeking providers for: Technology Solutions, Products and Services.”

REFERENCES
Please provide three (3) references from three different entities, preferably from school districts or other governmental ent the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.

Verify your references emails are
deliverable and that they agree to provide
a reference. Failure to do this may delay
the evaluation process.

You may provide more than three (3) references.

Entity Name Contact Person VALID EMAIL IS REQUIRED Phone North Carolina Department of Revenue Nicole A. Hunter [email protected] 919.814.1037 Weld County Government, CO Aleksei Churyk [email protected] 970-400-2555 Westchester County, NY Marc E. Goldenberg [email protected] (914) 231-1427 Achievers Early College Prep CS Christopher Benson [email protected] 609-429-0279 Youngstown State University Connie Frisby [email protected] 330-941-3000 Bellevue School District No. 405 Jeff Mason [email protected] 425-426-4000 West-Mec School District #402 Bradley Whitaker [email protected] 623-877-6926 River Valley Community College Robert S. Morris [email protected] 603-542-7744 The School District of Philadelphia James Gist [email protected] 215-400-5908 St Vrain Valley School District RE-1J, CO Lisa Brooker [email protected] 303-702-7704 Ex TIPS RFP 220105 Technology Solutions, Products and
Services







 





 







 









 






 


 


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Certification Type Status From To
SB Approved 07/14/2021 07/31/2023
Printed on: 7/14/2021 3:35:45 PM
To verify most current certification status go to: https://www.caleprocure.ca.gov Owice of Small Business & DVBE Services
Certification ID: 2015727
Legal Business Name:

AXELLIANT LLC
Doing Business As (DBA) Name 1:

Doing Business As (DBA) Name 2:

Address:
21250 HAWTHORNE BLVD STE 500

TORRANCE
CA 90503
Email Address:
[email protected]
Business Web Page:
www.axelliant.com
Business Phone Number:
424/237-4840
Business Fax Number:
310/375-8493
Business Types:

Non-Manufacturer , Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605

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Axelliant is a California-based IT solutions provider focused on addressing the needs of businesses and organizations of all sizes and across all industries. Our depth of technical leadership, our significant industry experience, and our unique methodology set us apart.

We design, deploy, implement, and manage the most advanced IT solutions and services with a level of agility and responsiveness through the entire solution delivery process that is increasingly uncommon in our field. We understand that the ability to function in an increasingly complex technological landscape, with dozens of new entrants daily, can make business and IT decision-making processes a challenge.

Axelliant is there to guide you on your personalized journey to success for your business.

Our partnerships with all major leading manufacturers and our strength in enabling digital transformation make us uniquely able to address your needs today and tomorrow. Our cross-functional team of subject matter experts, solution architects, business development professionals, and engineers will partner with you in addressing all aspects of your IT challenges, while also leveraging our strong distribution partnerships to quickly deliver a solution that precisely targets your needs, no matter where you are.

At Axelliant, our core operating principles are supported by these business pillars:

RELATIONSHIPS
Axelliant stands on what we believe in, which is the incredible value we place on relationships. We cultivate and manage long-term customer relationships driven by a service model built upon a unique methodology, defined by agility, and free from the burden of a multi-layered decision-making process.

TECHNICALEXPERTISE
Axelliant's unique strength is our deep technical bench. Our highly certified experts are well-positioned to help you manage the next wave of digital transformation and beyond. Our team has decades of experience in designing, managing, and implementing large-scale, complex, and heterogeneous solutions.

DELIVERYEXCELLENCE
Over the past decade the expectations of business transactions have changed. Customers demand to be informed from the time an order is placed through project completion. We understand this and have built processes and internal systems that are responsive and keep our customers constantly engaged through all phases of the project.

DIGITALINTERACTION
We believe in empowering our customers. We provide a digital common ground, an experiential interface that is immersive, engaging, and, ultimately, delivers a frictionless customer experience. Our self-service tools are developed to keep our customers fully informed and updated on all their interactions with us. 

OFFERING IT SERVICES AND SOLUTIONS IS EASY BUT PROVIDING YOU WITH EXACTLY WHAT YOU NEED IS WHAT MATTERS MOST.
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OURSERVICESANDSOLUTIONS
Axelliant Cloud and Data Center
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Axelliant Collaboration

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Axelliant Cybersecurity
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Axelliant Digital Infrastructure
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Region 14 Education Service Center (ESC)
Contract # 01-143
for
Technology Solutions, Products and Services
wi
th
Dell Marketing L.P.

E
ffective: December 1, 2022
ATTACHMENT 2

The following documents comprise the executed contract between the Region 14 ESC, and Dell Marketing effective December 1, 2022:

I. Vendor Award Letter
II. Master Agreement-General T&Cs and executed signature form III. Supplier’s Response to the RFP, incorporated by reference

Region XIV Education Service Center
Thursday, December 1st, 2022
Dell Marketing LP.

ATTN: Stacey Skala
One Dell Way
Round Rock, TX 78682
Dear Stacey:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Dell Marketing LP. has been awarded an annual contract for Technology Solutions, Products and Services on the proposal submitted to Region XIV ESC.

The contract is effective immediately and will expire on November 30th, 2025. The contract can then be renewed annually for an additional five years, if mutually agreed on by Region XIV ESC and Dell Marketing LP.

We look forward to a long and successful partnership underneath this contract.

If you have any questions or concerns, feel free to contact me at 325-675-8600. f~
Shane Fields
Region XIV, Executive Director

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

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

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

Tab 1 - Master Agreement / Signature
Customer Support
The Dell Marketing L.P. (“Vendor”) shall provide timely and accurate technical advice and sales support. The Vendor shall respond to such requests within one (1) to two working days after receipt of the 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 information 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 Vendor.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a “funding out”/”non- appropriation” clause as mutually agreed to by the parties. A contract for the acquisition, 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 appropriated 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 amount s or other costs and fees due under the contract, then the Public Agency, upon reasonable written notice to the vendor or its affiliate, retains the right to terminate the contract as of the last day of the Public Agency’s fiscal period for which funds f or the payment amounts are available and is conditioned on a best efforts attempt by the Public Agency to obtain appropriate funds for payment of the contract and to only place orders for which funding is available and to pay Vendor 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 Vendor or its affiliate and Public Agency’s c essation 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 fifteen (15) 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 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..

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

Payments
Payment terms are thirty (30) days from the date of invoice. 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 t he 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 for 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 and payments shall be made to the applicable reseller..

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 receive written approval from NCPA before any such distributor/partner/reseller is considered authorized.

Purchase orders and payment can only be made to awarded Vendor or distributors/ business 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 Vendor'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.

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’s warranty terms located at DELL.COM/WARRANTYTERMS, included as Appendix E shall be applicable to sales under this contract.

Safety
Vendors performing services shall comply with occupational 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 state is the sole responsibility of the Vendor.

Indemnity
If Public Agency purchased Products or Services directly 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, t hen 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 Product s or Services with a non-infringing equivalent; or (iv) if Public Agency purchased 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 Products (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 exclusive 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, intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by Publi c 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 Agency’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- party claim for personal bodily injury, including death, where the injury has been exclusively caused by the indemnifying party’s gross negligence or willful misconduct in connection with this Agreement.

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
Each Public Agency participating in this contract and awarded Vendor may enter into the following separate supplemental agreements 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, specialized delivery, etc. Any supplemental agreement developed as a result of this

contract is exclusively between the participating Public Agency and awarded Vendor and shall be governed solely by the terms set forth in such separate supplemental agreement.

Services Agreements.

Dell may provide Services, Service-related Software, or Deliverables to Public Agency in accordance with one or more “Service Agreements.” “Service Agreements” are service contracts, including “Service Descriptions” available at www.dell.com/offeringspecif icterms, “Statements of Work,” and any other mutually executed documents. Each Service Agreement will be interpreted separately 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 Software, or Deliverables to Public Agency in accordance with one or more “Service Agreements.” “Service Agreements” are service contracts, including “Service Descriptions” available at www.dell.com/dellemccloudterms and/or https://www.dell.com/learn/us/en/uscorp1/terms-of-sale “Statements of Work,” and any other mutually executed documents. Each Service Agreement will be interpreted separately from any other Service Agreement.

Dell APEX Flex on Demand.

In addition, Vendor 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 Vendor or its designated affiliate or its authorized distributor/partner/reseller, including, but not limited to, the MFCA, any corresponding FOD schedul e (“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 Vendor or its designated affiliate or its authorized distributor/partner/reseller, with the terms thereof constituting the entire agreement for such 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.

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 t he 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 and 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 t he 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 Le ase 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 members and will endeavor to provide notice of cancellation within 30 days to Region 14 ESC and NCPA. Dell has existing contracts with its subcontractors and Dell is responsible for providing the contracted for services.

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 identified 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 shall 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 during the continuance of the inability then claimed, except as herein after 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, duties, 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 Age ncy, the terms of which shall take precedence. The foregoing is not withstanding any force majeure insurance on the payment stream that a Public Agency may have.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, 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; insurrections; riots; epidemics; pandemic; landslides; lighting; 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. I t is understood and agreed that the 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 in effect in the jurisdiction of the purchaser. Termination Either party may cancel this contract in whole or in part 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 responses 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 records 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 resulting 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:

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 materials) 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 INCIDENTAL, 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 OPPORTUNITY; (iv) BUSINESS INTERRUPTION OR DOWNTIME; (v) THE PRODUCTS, DELIVERABLES OR THIRD -PARTY PRODUCTS NOT BEING AVAILABLE FOR USE; OR (vi) THE PROCUREMENT OF SUBSTITUTE 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 ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR VENDOR’S SALE OF PRODUCTS 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 operating system software required to enable the Equipment with which it is shipped to perform its basic or enhanced functions, is licensed for use solely on such Equipment.

Acceptance.

All Products and Third Party Products will be deemed to be accepted upon Delivery. Notwithstanding such acceptance, Public Agency retains all rights and remedies 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 stated at www.dell.com/returnspolicy. Before returning or exchanging Hardware, Public Agency must contact Vendor 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 Hardware, 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. As a result, Products and Services Public Agency receives might differ from those ordered. How ever, Dell-branded Products will materially meet or exceed all published specifications for the Products. Parts used in repairing or servicing Products may be new, equivalent-to-new, or reconditioned.

Proprietary Rights
The Products and Software are protected pursuant to copyright 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, patent s, trademarks, trade secrets, and trade dress) embodied in the Software, Products and Deliverables, and the methods by which the 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 requirements in Vendor’ s NCPA contract. Fees and reporting for Vendor reseller transactions with NCPA members shall 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.

Shipping Charges; Title; Risk of Loss.

Unless otherwise agreed, Supplier shall arrange for shipment of the ordered Products to the ship- to address indicated in the Order, through a common carrier designated 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 ensure 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 Delivery. 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 either 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 otherwise agreed, cost of transit insurance on behalf of Public Agency shall be included in the total price stated o n the Quote.

Excluded DataPublic Agency agrees that it will obtain all necessary rights, permissions and consents associated with: (a) technology or data (including personal data) that Public Agency and its Affiliates provide to Supplier or its Affiliates, and (b) non- Supplier soft ware or other components 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 w ill 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 foregoing, 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 “commercial 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 applicable. Consistent with FAR 12.212 and DFARS Section 227.7202, all U.S. Government end users acquire the software and documentation with only those rights set forth herein

Taxes.

The charges due hereunder are exclusive of, and Public Agency 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 withhold 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.

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.

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

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,

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.

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

Tab 3 - Vendor Questionnaire

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.

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.

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 - Manage 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

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

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

Dell Marketing L.P. 27

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?

Dell Marketing L.P. 28

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.

 Provide Annual Sales for last 3 years broken out into the following categories:
o Cities / Counties
o K-12
o Higher Education
o Other government agencies or nonprofit organizations

Dell Response:

Dell Technologies FY22 Revenue was $101.2B. Our SLED business is roughly 10% of the revenue encompassing thousands of customers across the US and Canada and we do over $1B in each vertical.

More details about our financials can be found at: https://investors.delltechnologies.com/  Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.
$ in year one
$ in year two
$ in year three

Dell Response:

We are unable to estimate anticipated future revenue. Our historical revenue from the NCPA contract is approximately $150M per year.

 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.

Dell Marketing L.P. 29
Supportive of our marketing strategies and communication for the NCPA Contract will be our 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 Government 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.

Dell Marketing L.P. 30
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 (SLED) Strategists: Our strategists are industry veterans who have extensive experience working in universities/public agencies and have led transformation projects. They will serve as advisors 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 Recycle 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 reputation 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 and 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 as 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 pushing 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 have 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 unique 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 with 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 implementation lifecycle. We 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 hereto in Appendix H. Eligible customer shall negotiate the terms and conditions of such FOD solution directly with vendor 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 6 - References
Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.

All references should include the following information from the entity:
 Entity Name
 Contact Name and Title
 City and State
 Phone
 Email
 Years Serviced
 Description of Services
 Annual Volume
NCPA also accepts Procurated review scores to evaluate relationships with their customers. Vendors without a current Procurated score will be rated based solely on the references provided and will not be penalized for lack of Procurated scoring. To find out your company’s Procurated score please go to https://www.procurated.com.

Dell Response:

The table below shows the number of SLED (State/Local Government and Education) customers that do business with Dell within North America.

State & Local Govt. K-12 Education Higher Education
End User Devices ~12,000 customers ~10,000 customers ~3,500 customers Infrastructure ~3,000 customers ~1,500 customers ~1,000 customers

Reference 1: High Performance Computing at University of Texas Entity Name Texas Advanced Computing Center (TACC)
Contact Name and Title Dan Stanzione – Executive Director City and State Austin, TX
Phone 512-471-2763
Email [email protected]
Years Serviced 21
Description of Services Enterprise & High-Performance Computing

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Annual Volume Annual variance is $5M to $60M

Reference 2: Current NCPA Contract User
Entity Name Southern Westchester Board of Education Services (BOCES) Contact Name and Title Patrice Duane - Purchasing Director City and State Rye Brook, NY
Phone 914-922-3334
Email [email protected]
Years Serviced 3 years
Description of Services End User Devices, Data Center Solutions, Microsoft SW Annual Volume Roughly $10M

Reference 3: Current NCPA Contract User
Entity Name Seminole State College of Florida
Contact Name and Title Dr. Dick Hamann, Vice President, Information Technology and Resources/Chief Information Officer
City and State Sanford, Florida
Phone 407-708-2258
Email [email protected]
Years Serviced 25 years
Description of Services End User Devices, Servers, and Storage Annual Volume $1M

Reference 4: NCPA Contract User
Entity Name Rochester City School District
Contact Name and Title Timothy F Schmandt - Director of Procurement

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City and State Rochester, Ny
Phone 585-262-8538
Email [email protected]
Years Serviced 30 Years
Description of Services Client Hardware
Annual Volume $1M+

Reference 5: NCPA Contract User
Entity Name Erie 1 Board of Education Services (BOCES)
Contact Name and Title Tim Kehoe - Purchasing Manager
City and State West Seneca, NY
Phone 716-821-7426
Email [email protected]
Years Serviced Over 7 Years
Description of Services Client Hardware, Servers, Storage Annual Volume $6.5M

Reference 6: NCPA Contract User
Entity Name Monroe One Board of Education Services (BOCES) Contact Name and Title Dan Fullerton - Asst. RIC Director City and State Rochester, NY
Phone 585-383-2281
Email [email protected]
Years Serviced 4
Description of Services Client Hardware, Server, Storage

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Annual Volume $4.5M

Reference 7: Dell Financial Services
Entity Name Hazelwood School District
Contact Name and Title David McCorkle - CIO
City and State Florissant, MO
Phone 314-953-5020
Email [email protected]
Years Serviced 13 years
Description of Services DFS - Pharos Financial Services Master Lease Agreement, MBE/WBE Software/Hardware, Servers.

Annual Volume >$2M

Reference 8: Dell Technologies Services
Entity Name MD Anderson Cancer Center
Contact Name and Title Emil Patel - CTO
City and State Houston, TX
Phone 713-792-7005
Email [email protected]
Years Serviced 8 years
Description of Services Infrastructure Enterprise, End User Client, Desktop, Infrastructure Residency Services, Client Resident Services, Data Center Deployment Services, Managed Deployment, Consulting Services, Application Services
Annual Volume $33M

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Reference 9: Dell Technologies Services
Entity Name Lufkin ISD
Contact Name and Title Brad Stewart - CTO
City and State Lufkin, TX
Phone 936-630-4303
Email [email protected]
Years Serviced 8 years
Description of Services Infrastructure Residency Services, Client Resident Services, Data Center Deployment Services, Managed Deployment, Factory Services, Consulting Service
Annual Volume $1.8 million

Reference 10: Dell Technology Services
Entity Name Texas A&M University
Contact Name and Title Jon Griffey - Director
City and State College Station, TX
Phone 979-862-9200
Email [email protected]
Years Serviced 10 years
Description of Services Infrastructure Enterprise, EUC Client, Desktop, Infrastructure Residency Services, Data Center Deployment Services, Managed Deployment, Factory Services, Consulting Services,
Annual Volume $15M

Reference 11: Dell Technology Services
Entity Name The University of Texas Health Science Center at Houston Contact Name and Title Tony Murry - IT Infrastructure Director City and State Houston, TX

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Phone 713-486-4823
Email [email protected]
Years Serviced 1 year
Description of Services Infrastructure Enterprise, EUC Client, Desktop, Residency Services, Deployment Services
Annual Volume $9M

Reference 12: Dell Technology Services
Entity Name Phoenix Children’s Hospital
Contact Name and Title Tim Foss - Director of IT/IT Security City and State Phoenix, Arizona
Phone 602-993-8504
Email [email protected]
Years Serviced 11 years
Description of Services Enterprise, EUC Client and Desktop, Server, Storage, Data Protection, Cyber Security and Services
Annual Volume $5M

Reference 13: Dell Technologies Services
Entity Name Baker Botts
Contact Name and Title Olaf Roessner - IT Director
City and State Dallas, TX
Phone 214-953-6432
Email [email protected]
Years Serviced 5 years
Description of Services Data Center Deployment Services & Managed Services Annual Volume $620K

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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 been 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, leadership 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 of 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 universities 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 titled “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 membership 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 provides 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 programs 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
o6-9 months
oRenowned training
program covering
both sales and
technology
Inside Sales
Representa�ve
o18 months
oCarry a quota
oRun 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.

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

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

• 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

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

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

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

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

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

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.

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

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 8th, 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

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.

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.

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

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

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.

Proposal Legal Notes
Dell Marketing L.P. 100
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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Dell Marketing L.P. 101
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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