Department of General Services

EXHIBIT A

STANDARD CONTRACT TERMS AND CONDITIONS

1. TERM OF CONTRACT

The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration Date identified in the Contract, subject to the other provisions of the Contract.

The Effective Date shall be: a) the date the Contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained or b) the date referenced in the Special Contract Terms and, Conditions and whichever is later. The Contract shall not be a legally binding contract until after the fully-executed Contract has been sent to the Contractor.

The fully executed Contract shall not contain "ink" signatures by the Commonwealth. The Contractor understands and agrees that the receipt of an electronically-printed Contract with the printed name of the Commonwealth purchasing agent constitutes a binding, valid contract with the Commonwealth. The printed name of the purchasing agent on the Contract represents the signature of that individual who is authorized to bind the Commonwealth to the obligations contained in the Contract. The printed name also represents that all approvals required by Commonwealth contracting procedures have been obtained.

The Contractor shall not start performance until all of the following have occurred: a. the Effective Date has arrived; b. the Contractor has received a copy of the fully-executed Contract; and c. the Contractor has received a purchase order from a Commonwealth agency. The Commonwealth shall not be liable to pay the Contractor for any supply furnished or work performed or expenses incurred before the Effective Date or before the Contractor receives a copy of the fully-executed Contract or before the Contractor has received a purchase order. Except as otherwise provided in Paragraph 3, no Commonwealth employee has the authority to verbally direct the commencement of any work or delivery of any supply under this Contract prior to the Effective Date.

The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the Contract, or any part of the Contract, for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new Contract.

2. ESTIMATED QUANTITIES

It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to purchase only in such quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to purchase items covered under the Contract through a separate procurement procedure, whenever the Department of General Services deems it to be in the best interest of the Commonwealth.

3. PURCHASE ORDERS

Commonwealth agencies may issue purchase orders against the Contract. These orders constitute the Contractor‘s authority to make delivery. All purchase orders received by the Contractor up to and including the expiration date of the Contract are acceptable and must be performed in accordance with the Contract. Contractors are not permitted to accept purchase orders which require performance extended beyond those performance time periods specified in the Contract but in no event longer than ninety (90) days after the expiration date of the Contract period. Each purchase order will be deemed to incorporate the terms and conditions set forth in the Contract.

Purchase orders will not include an "ink" signature by the Commonwealth. The electronically-printed name of the purchaser represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the Contractor to proceed.

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Purchase orders may be issued electronically or through facsimile equipment. The electronic transmission of a purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the purchase order shall constitute receipt of an order. Orders received by the Contractor after 4:00 p.m. will be considered received the following business day.

The Commonwealth and the Contractor specifically agree as follows: a. No handwritten signature shall be required in order for the purchase order to be legally enforceable. b. Upon receipt of an order, the Contractor shall promptly and properly transmit an acknowledgement in return. Any order which is issued electronically shall not give rise to any obligation to deliver on the part of the Contractor, or any obligation to receive and pay for delivered products on the part of the Commonwealth agency, unless and until the Commonwealth agency transmitting the order has properly received an acknowledgement. c. The parties agree that no writing shall be required in order to make the order legally binding, notwithstanding contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine purchase order or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any genuine purchase order or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of genuine purchase orders or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the order or acknowledgement were not in writing or signed by the parties. A purchase order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents. d. Each party will immediately take steps to verify any document that appears to be obviously garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.

Purchase orders under five thousand dollars ($5,000) in total amount may also be made in person or by telephone using a Commonwealth Procurement VISA Card. When an order is placed by telephone, the Commonwealth agency shall provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to accept payment through the use of the Commonwealth Procurement VISA card.

4. INDEPENDENT CONTRACTOR

In performing the obligations required by the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth.

5. COMPLIANCE WITH LAW

The Contractor shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of the Contract.

6. ENVIRONMENTAL PROVISIONS

In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

7. POST-CONSUMER RECYCLED CONTENT

Except as specifically waived by the Department of General Services in writing, any products which are provided to the Commonwealth as a part of the performance of the Contract must meet the minimum percentage levels for total recycled content as specified in Exhibits A-1 through A-8 to these Standard Contract Terms and Conditions.

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8. COMPENSATION/INVOICES

The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Contract. All item(s) shall be delivered within the time period(s) specified in the Contract. The Contractor shall be compensated only for item(s) which are delivered and accepted by the Commonwealth.

Unless otherwise specified or unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or Vendor Self-Invoicing, the Contractor shall send an invoice itemized by purchase order line item to the address referenced on the purchase order promptly after the item(s) are delivered. The invoice should include only amounts due under the purchase order. The purchase order number must be included on all invoices.

9. PAYMENT a. The Commonwealth shall put forth reasonable efforts to make payment by the required payment date. The required payment date is: (a) the date on which payment is due under the terms of the Contract; (b) thirty (30) days after a proper invoice actually is received at the “Bill To” address on the contract purchase order, if a date on which payment is due is not specified in the Contract (a “proper” invoice is not received until the Commonwealth accepts the item(s) as satisfactorily performed); or (c) the payment date specified on the invoice if later than the dates established by (a) and (b) above. For the Contractor’s accounting purposes only, acceptance shall be deemed to have occurred upon delivery of the product to the Commonwealth’s specified delivery location. Payment may be delayed if the payment amount on an invoice is not based upon the price(s) as stated in the Contract. If any payment is not made within fifteen (15) days after the required payment date, the Commonwealth may pay interest as determined by the Secretary of Budget in accordance with Act No. 266 of 1982 and regulations promulgated pursuant thereto. Payment should not be construed by the Contractor as acceptance of the item(s) furnished by the Contractor. The Commonwealth reserves the right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and to reject the item(s) if such post payment testing or inspection discloses a defect or a failure to meet specifications. The Contractor agrees that the Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth. b. The Commonwealth shall have the option of using the Commonwealth Purchasing Card to make purchases under the Contract. The Commonwealth Purchasing Card is similar to a credit card in that there will be a small fee which the Contractor will be required to pay and the Contractor will receive payment directly from the card issuer rather than the Commonwealth. Any and all fees related to this type of payment are the responsibility of the Contractor. In no case will the Commonwealth allow increases in prices to offset credit card fees paid by the Contractor or any other charges incurred by the Contractor, unless specifically stated in the terms of the Contract.

c. The Commonwealth will make contract payments through Automated Clearing House (ACH).

1) Within 10 days of award of the contract or purchase order, the contractor must submit or must have already submitted their ACH information within their user profile in the Commonwealth’s procurement system (SRM).

2) The contractor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania’s ACH remittance advice to enable the contractor to properly apply the state agency’s payment to the invoice submitted.

3) It is the responsibility of the contractor to ensure that the ACH information contained in SRM is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments. 10. TAXES

The Commonwealth is exempt from all excise taxes imposed by the Internal Revenue Service and has accordingly registered with the Internal Revenue Service to make tax free purchases under Registration No. 2374001-K. With the exception of purchases of the following items, no exemption certificates are required 3 Department of General Services

and none will be issued: undyed diesel fuel, tires, trucks, gas guzzler emergency vehicles, and sports fishing equipment. The Commonwealth is also exempt from Pennsylvania state sales tax, local sales tax, public transportation assistance taxes and fees and vehicle rental tax. The Department of Revenue regulations provide that exemption certificates are not required for sales made to governmental entities and none will be issued. Nothing in this paragraph is meant to exempt a construction contractor from the payment of any of these taxes or fees which are required to be paid with respect to the purchase, use, rental, or lease of tangible personal property or taxable services used or transferred in connection with the performance of a construction contract.

11. WARRANTY

The Contractor warrants that all item(s) furnished by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. The Contractor shall pass through to the Commonwealth the manufacturer’s warranty for all parts or supplies provided under the Contract. The Contractor shall correct any problem with the service and/or replace any defective part with a part of equivalent or superior quality without any additional cost to the Commonwealth.

12. DELIVERY

All item(s) shall be delivered F.O.B. Destination. The Contractor agrees to bear the risk of loss, injury, or destruction of the item(s) ordered prior to receipt of the items by the Commonwealth. Such loss, injury, or destruction shall not release the Contractor from any contractual obligations. Except as otherwise provided in Paragraph 20, all item(s) must be delivered within the time period specified on the contract purchase order. Time is of the essence and, in addition to any other remedies, the contract purchase order is subject to termination for failure to deliver as specified. Unless otherwise stated by the Contractor in its Bid or indicated in the Special Contract Terms and Conditions, delivery must be made within thirty (30) days after award of the Contract Purchase Order.

13. PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY

The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of the item(s) or the provided or used in the performance of the purchase order which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or b) any copyrighted matter in any report document or other material provided to the Commonwealth under the purchase order. The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged patent, copyright or trademark infringement in the United States of the item(s) provided or used in the performance of the Contract. This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the Commonwealth at the Contractor’s written request, it shall be at the Contractor’s expense, but the responsibility for such expense shall be only that within the Contractor’s written authorization.

The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses, including attorney’s fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any item(s) provided or used in the performance of the purchase order. If any of the item(s) provided by the Contractor are held in such suit or proceeding to constitute infringement and the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use of such infringement item(s), replace them with noninfringement equal performance item(s) or modify them so that they are no longer infringing. If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the equipment or software which is obtained contemporaneously with the infringing item(s), or, at the option of the Commonwealth, only those items of equipment or software which are held to be infringing, and to pay the Commonwealth: 1) any amounts paid by the Commonwealth towards the item(s) of the product, less straight line depreciation; 2) any license fee paid by the Commonwealth for the use of any software, less a reasonable amount for the period of usage; and 3) the pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for. The obligations of the Contractor under this paragraph continue without time limit. No costs or expenses shall be incurred for the account of the Contractor without its written consent.

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14. OWNERSHIP RIGHTS

The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or material, and any software or modifications and any associated documentation that is designed or developed and delivered to the Commonwealth as part of the performance of the Contract.

15. ASSIGNMENT OF ANTITRUST CLAIMS

The Contractor and the Commonwealth recognize that in actual economic practice, overcharges by the Contractor’s suppliers resulting from violations of state or federal antitrust laws are in fact borne by the Commonwealth. As part of the consideration for the award of the Contract, and intending to be legally bound, the Contractor assigns to the Commonwealth all right, title and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the supplies and services which are the subject of the Contract.

16. HOLD HARMLESS PROVISION

The Contractor shall hold the Commonwealth harmless from and indemnify the Commonwealth against any and all claims, demands and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Commonwealth, defend any and all actions brought against the Commonwealth based upon any such claims or demands.

17. AUDIT PROVISIONS

The Commonwealth shall have the right, at reasonable times and at a site designated by the Commonwealth, to audit the books, documents and records of the Contractor to the extent that the books, documents and records relate to costs or pricing data for the Contract. The Contractor agrees to maintain records which will support the prices charged and costs incurred for the Contract.

The Contractor shall preserve books, documents, and records that relate to costs or pricing data for the Contract for a period of three (3) years from date of final payment. The Contractor shall give full and free access to all records to the Commonwealth and/or their authorized representatives.

18. INSPECTION AND REJECTION

No item(s) received by the Commonwealth shall be deemed accepted until the Commonwealth has had a reasonable opportunity to inspect the item(s). Any item(s) which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the Commonwealth shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale which represents the Commonwealth’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately replace all such rejected item(s) with others conforming to the specifications and which are not defective. If the Contractor fails, neglects or refuses to do so, the Commonwealth shall then have the right to procure a corresponding quantity of such item(s), and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in the Contract and the actual cost thereof to the Commonwealth.

19. DEFAULT a. The Commonwealth may, subject to the provisions of Paragraph 20, Force Majeure, and in addition to its other rights under the Contract, declare the Contractor in default by written notice thereof to the Contractor, and terminate (as provided in Paragraph 21, Termination Provisions) the whole or any part of this Contract including a purchase order, for any of the following reasons:

1) Failure to deliver the awarded item(s) within the time specified in the Contract or contract purchase order or as otherwise specified;

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3) Failure to provide an item(s) which is in conformance with the specifications referenced in the Invitation For Bids;

4) Delivery of a defective item;

5) Failure or refusal to remove and replace any item(s) rejected as defective or nonconforming within fifteen (15) days after notification;

6) Insolvency or bankruptcy;

7) Assignment made for the benefit of creditors;

8) Failure to protect, to repair, or to make good any damage or injury to property; or

9) Breach of any provision of this Contract. b. In the event that the Commonwealth terminates this Contract in whole or in part as provided in Subparagraph a. above, the Commonwealth may procure, upon such terms and in such manner as it determines, on item(s) similar or identical to those so terminated, and the Contractor shall be liable to the Commonwealth for any reasonable excess costs for such similar or identical item(s) included within the terminated part of the Contract. c. If the Contract is terminated in whole or in part as provided in Subparagraph a. above, the Commonwealth, in addition to any other rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Commonwealth in the manner and to the extent directed by the Department of General Services, such partially manufactured or delivered item(s) as the Contractor has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Except as provided below, payment for any partially manufactured or delivered item(s) accepted by the Commonwealth shall be in an amount agreed upon by the Contractor and the Commonwealth. The Commonwealth may withhold from amounts otherwise due the Contractor for such partially manufactured or delivered item(s), such sum as the Commonwealth determines to be necessary to protect the Commonwealth against loss. d. The rights and remedies of the Commonwealth provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. e. The Commonwealth’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default. f. Following exhaustion of the Contractor’s administrative remedies as set forth in Paragraph 22, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims.

20. FORCE MAJEURE

Neither party will incur any liability to the other if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes.

The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state whether performance under the contract is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may reasonably request. After receipt of such notification, the Commonwealth may elect

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either to cancel the Contract or to extend the time for performance as reasonably necessary to compensate for the Contractor’s delay.

In the event of a declared emergency by competent governmental authorities, the Commonwealth by notice to the Contractor, may suspend all or a portion of the Contract.

21. TERMINATION PROVISIONS

The Commonwealth has the right to terminate this Contract for any of the following reasons. Termination shall be effective upon written notice to the Contractor. a. TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate the Contract or a purchase order for its convenience if the Commonwealth determines termination to be in its best interest. The Contractor shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Contractor be entitled to recover loss of profits. b. NON-APPROPRIATION: The Commonwealth’s obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the Commonwealth shall have the right to terminate the Contract or purchase order. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract or purchase order. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose. c. TERMINATION FOR CAUSE: The Commonwealth shall have the right to terminate the Contract for Contractor default under Paragraph 19, Default, upon written notice to the Contractor. The Commonwealth shall also have the right, upon written notice to the Contractor, to terminate the Contract or a purchase order for other cause as specified in this Contract or by law. If it is later determined that the Commonwealth erred in terminating the Contract or a contract purchase order for cause, then, at the Commonwealth’s discretion, the Contract shall be deemed to have been terminated for convenience under the Subparagraph 21.a.

22. CONTRACT CONTROVERSIES a. In the event of a controversy or claim arising from the Contract, the Contractor must, within six months after the cause of action accrues, file a written claim with the contracting officer for a determination. The claim shall state all grounds upon which the Contractor asserts a controversy exists. If the Contractor fails to file a claim or files an untimely claim, the Contractor is deemed to have waived its right to assert a claim in any forum. b. The contracting officer shall review timely-filed claims and issue a final determination, in writing, regarding the claim. The final determination shall be issued within 120 days of the receipt of the claim, unless extended by consent of the contracting officer and the Contractor. The contracting officer shall send his/her written determination to the Contractor. If the contracting officer fails to issue a final determination within the 120 days (unless extended by consent of the parties), the claim shall be deemed denied. The contracting officer's determination shall be the final order of the purchasing agency. c. Within fifteen (15) days of the mailing date of the determination denying a claim or within 135 days of filing a claim if, no extension is agreed to by the parties, whichever occurs first, the Contractor may file a statement of claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed diligently with the performance of the Contract in a manner consistent with the determination of the contracting officer and the Commonwealth shall compensate the Contractor pursuant to the terms of the Contract.

23. ASSIGNABILITY AND SUBCONTRACTING a. Subject to the terms and conditions of this Paragraph 23, the Contract shall be binding upon the parties and their respective successors and assigns. 7 Department of General Services

b. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under the Contract without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. c. The Contractor may not assign, in whole or in part, the Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. d. Notwithstanding the foregoing, the Contractor may, without the consent of the Department of General Services, assign its rights to payment to be received under the Contract or a contract purchase order, provided that the Contractor provides written notice of such assignment to the Buyer and the ordering Commonwealth agency together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of the Contract. e. For the purposes of the Contract, the term “assign” shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company. f. Any assignment consented to by the Department of General Services shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned. g. A change of name by the Contractor, following which the Contractor’s federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give the Buyer written notice of any such change of name.

24. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, Contractor agrees as follows: a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor or any person acting on behalf of the Contractor or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or color. c. The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform its employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. d. The Contractor shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the contract relates. e. The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the contracting officer and the Department of General Services' Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting officer or the Bureau of Contract Administration and Business Development.

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f. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor. g. The Commonwealth may cancel or terminate the Contract, and all money due or to become due under the Contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

25. CONTRACTOR INTEGRITY PROVISIONS a. For purposes of this clause only, the words “confidential information,” “consent,” “contractor,” “financial interest,” and “gratuity” shall have the following definitions.

1) Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

2) Consent means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of execution of this agreement.

3) Contractor means the individual or entity that has entered into the Contract with the Commonwealth, including directors, officers, partners, managers, key employees and owners of more than a five percent interest.

4) Financial interest means:

a) Ownership of more than a five percent interest in any business; or

b) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

5) Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. b. The Contractor shall maintain the highest standards of integrity in the performance of the Contract and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth. c. The Contractor shall not disclose to others any confidential information gained by virtue of the Contract. d. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly, or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth. e. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Commonwealth. f. Except with the consent of the Commonwealth, neither the Contractor nor anyone in privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under the Contract except as provided therein. g. Except with the consent of the Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

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h. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Commonwealth in writing. i. The Contractor, by execution of the Contract and by the submission of any bills or invoices for payment pursuant thereto, certifies, and represents that he or she has not violated any of these provisions. j. The Contractor, upon the inquiry or request of the Inspector General of the Commonwealth or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refers to or concern the Contract. Such information shall be retained by the Contractor for a period of three years beyond the termination of the Contract unless otherwise provided by law. k. For violation of any of the above provisions, the Commonwealth may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

26. CONTRACTOR RESPONSIBILITY PROVISIONS a. The Contractor certifies, for itself and all its subcontractors, that as of the date of its execution of the bid/contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made. b. The Contractor must also certify, in writing, that as of the date of its execution of the bid/contract, it has no tax liabilities or other Commonwealth obligations. c. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment. d. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth. e. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment. f. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us or contacting the:

Department of General Services Office of Chief Counsel 603 North Office Building 10 Department of General Services

Harrisburg, PA 17125 Telephone No. (717) 783-6472 FAX No. (717) 787-9138

27. AMERICANS WITH DISABILITIES ACT a. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in this Contract or from activities provided for under this Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors. b. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.

28. HAZARDOUS SUBSTANCES

The Contractor shall provide information to the Commonwealth about the identity and hazards of hazardous substances supplied or used by the Contractor in the performance of the Contract. The Contractor must comply with Act 159 of October 5, 1984, known as the “Worker and Community Right to Know Act” (the “Act”) and the regulations promulgated pursuant thereto at 4 Pa. Code Section 301.1 et seq. a. Labeling. The Contractor shall insure that each individual product (as well as the carton, container or package in which the product is shipped) of any of the following substances (as defined by the Act and the regulations) supplied by the Contractor is clearly labeled, tagged or marked with the information listed in Paragraph (1) through (4):

1) Hazardous substances:

a) The chemical name or common name,

b) A hazard warning, and

c) The name, address, and telephone number of the manufacturer.

2) Hazardous mixtures:

a) The common name, but if none exists, then the trade name,

b) The chemical or common name of special hazardous substances comprising .01% or more of the mixture,

c) The chemical or common name of hazardous substances consisting 1.0% or more of the mixture,

d) A hazard warning, and

e) The name, address, and telephone number of the manufacturer.

3) Single chemicals:

a) The chemical name or the common name,

b) A hazard warning, if appropriate, and

c) The name, address, and telephone number of the manufacturer.

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4) Chemical Mixtures:

a) The common name, but if none exists, then the trade name,

b) A hazard warning, if appropriate,

c) The name, address, and telephone number of the manufacturer, and

d) The chemical name or common name of either the top five substances by volume or those substances consisting of 5.0% or more of the mixture.

A common name or trade name may be used only if the use of the name more easily or readily identifies the true nature of the hazardous substance, hazardous mixture, single chemical, or mixture involved.

Container labels shall provide a warning as to the specific nature of the hazard arising from the substance in the container.

The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings, and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:

• NFPA 704, Identification of the Fire Hazards of Materials.

• National Paint and Coatings Association: Hazardous Materials Identification System.

• American Society for Testing and Materials, Safety Alert Pictorial Chart.

• American National Standard Institute, Inc., for the Precautionary Labeling of Hazardous Industrial Chemicals.

Labels must be legible and prominently affixed to and displayed on the product and the carton, container, or package so that employees can easily identify the substance or mixture present therein. b. Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets (MSDS) with the information required by the Act and the regulations for each hazardous substance or hazardous mixture. The Commonwealth must be provided an appropriate MSDS with the initial shipment and with the first shipment after an MSDS is updated or product changed. For any other chemical, the contractor shall provide an appropriate MSDS, if the manufacturer, importer, or supplier produces or possesses the MSDS. The contractor shall also notify the Commonwealth when a substance or mixture is subject to the provisions of the Act. Material Safety Data Sheets may be attached to the carton, container, or package mailed to the Commonwealth at the time of shipment.

29. COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract purchase order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commonwealth shall have the right to terminate the contract purchase order without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

30. APPLICABLE LAW

The Contract shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not

12 Department of General Services

convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

31. INTEGRATION

The RFQ - Invitation For Bids form and the Contract form, including all documents referenced on the forms, as well as the purchase orders constitute the entire agreement between the parties. No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Contract, which is any way can be deemed to modify add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties or by a change order signed by the Commonwealth. All such amendments and change orders will be made using the appropriate Commonwealth form.

32. CHANGES

The Commonwealth reserves the right to make changes at any time during the term of the Contract or any renewals or extensions thereof: 1) to increase or decrease the quantities resulting from variations between any estimated quantities in the Contract and actual quantities; 2) to make changes to the supply within the scope of the Contract; 3) to exercise an option to purchase or early payment option; 4) to notify the Contractor that the Commonwealth is exercising any Contract renewal or extension option; or 5) to modify the time of performance that does not alter the scope of the Contract to extend the completion date beyond the Expiration Date of the Contract or any renewals or extensions thereof. Any such change shall be made by: a. the contracting officer shown on the Contract form, or b. the agency contracting officer for changes to purchase orders, by notifying the Contractor in writing. The change shall be effective as of the date of the notification of change, unless the change specifies a later effective date. Such increases, decreases, changes, modifications or exercises of purchase options will not invalidate the Contract, nor, if performance security is being furnished in conjunction with the Contract, release the security obligation. The Contractor agrees to provide the supply in accordance with the change. Any dispute by the Contractor in regard to the performance required by any notification of change shall be handled through Paragraph 22, “Contract Controversies”.

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EXHIBIT A-1 CONSTRUCTION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All construction products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

% of Post- % of Total Consumer Recovered Construction Products Material Materials Materials Structural Fiberboard Recovered Materials - 80 Laminated Paperboard Post-consumer Paper 100 - Rock Wool Insulation Slag - 75 Fiberglass Insulation Glass Cullet - 20 Cellulose Insulation (loose-fill and spray-on) Post-consumer Paper 75 - Perlite Composite Board Insulation Post-consumer Paper 23 - Plastic Rigid Foam, Polyisocyanurate/ Recovered Material - 9 Polyurethane: Rigid Foam Insulation Foam-in-Place Insulation Recovered Material - 5 Glass Fiber Reinforced Insulation Recovered Material - 6 Phenolic Rigid Foam Insulation Recovered Material - 5 Floor Tiles (heavy duty/commercial use) Rubber 90 - Plastic - 90 Patio Blocks Rubber or Rubber Blends 90 - Plastic or Plastic Blends - 90 Polyester Carpet Fiber Face Polyethylene terephthalate (PET) 25 - resin Latex Paint: --Consolidated1 Recovered Material 100 - --Reprocessed2 -----White, Off-White, Pastel Colors Recovered Material 20 ------Grey, Brown, Earthtones, and Recovered Material 50 - Other Dark Colors Shower and Restroom Dividers/Partitions: Plastic 20 - Steel4 16 9 67 33 Carpet Cushion: --Bonded Polyurethane Old Carpet Cushion 15 - --Jute Burlap 40 - --Synthetic Fibers Carpet Fabrication Scrap - 100 --Rubber Tire Rubber 60 - Railroad Grade Crossing Surfaces --Concrete Coal Fly Ash - 15 --Rubber3 Tire Rubber - 85 --Steel4 Steel 16 9 67 33

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

1 Consolidated latex paint used for covering graffiti, where color and consistency of performance are not primary concerns. 2 Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceiling, and trim; gutterboards; and concrete, stucco, masonry, wood, and metal surfaces.

3The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials, exclusive of any additives such as binders or additives 4 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 14 Department of General Services

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

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(B) BIDDER’S CERTIFICATION

Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/MIll Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary evidence that the construction product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

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EXHIBIT A-2 VEHICULAR PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Vehicular Product Requirements

Re-Refined Oil 25% re-refined oil base stock for engine lubricating oils, hydraulic fluids, and gear oils.

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Re-refined oil” is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be detected between re-refined and virgin oil.

(B) BIDDER’S CERTIFICATION

Bidder certifies that the vehicular product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE REFERENCED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary evidence that the vehicular product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

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EXHIBIT A-3 PAPER PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer content as shown below for the applicable products: Post-Consumer Content Item Notes (%)

Printing and Writing Papers

Reprographic Business papers such as bond, electrostatic, 30 copy, mimeo, duplicator and reproduction

Offset Used for book publishing, commercial 30 printing, direct mail, technical documents, and manuals

Tablet Office paper such as note pads and 30 notebooks

Forms bond Bond type papers used for business forms 30 such as continuous, cash register, sales book, unit sets, and computer printout, excluding carbonless

Envelope Wove 30 Kraft, white and colored (including manila) 10 Kraft, unbleached 10 Excludes custom envelopes

Cotton fiber High-quality papers used for stationery, 30 invitations, currency, ledgers, maps, and other specialty items

Text and cover Premium papers used for cover stock, 30 books, and stationery and matching envelopes

Supercalendered Groundwood paper used for advertising 10 and mail order inserts, catalogs, and some magazines

Machine finished groundwood Groundwood paper used in magazines and 10 catalogs

Papeteries Used for invitations and greeting cards 30

Check safety Used in the manufacture of commercial 10 and government checks

Coated Used for annual reports, posters, brochures, 10 and magazines. Have gloss, dull, or matte finishes

Carbonless Used for multiple-impact copy forms 30

File folders Manila or colored 30

Dyed filing products Used for multicolored hanging folders and 20 wallet files

Index and card stock Used for index cards and postcards 20

Pressboard High-strength paperboard used in binders 20 and report covers

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Tags and tickets Used for toll and lottery tickets, licenses, and 20 identification and tabulating cards Newsprint

Newsprint Groundwood paper used in newspapers 20 Commercial Sanitary Tissue Products

Bathroom tissue Used in rolls or sheets 20

Paper towels Used in rolls or sheets 40

Paper napkins Used in food service applications 30

Facial tissue Used for personal care 10

General-purpose Used in cleaning and wiping applications 40 industrial wipers Paperboard and Packaging Products

Corrugated containers Used for packaging and shipping a variety of goods (<300 psi) 25 (300 psi) 25 40 Solid fiber boxes Used for specialized packaging needs such as dynamite packaging and army ration boxes Folding cartons Used to package a wide variety of foods, 40 household products, cosmetics, pharmaceuticals, detergent, and hardware

Industrial paperboard 45 Used to create tubes, cores, cans and drums Miscellaneous 75 Includes “chipboard” pad backings, book covers, covered binders, mailing tubes, game boards, and puzzles

Padded mailers Made from kraft paper that is usually brown 5 but can be bleached white

Carrierboard A type of folding carton designed for 10 multipack beverage cartons

Brown papers Used for bags and wrapping paper 5

Miscellaneous Paper Products

Tray liners Used to line food service trays. Often 50 contain printed information.

“Post-consumer” content is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part of the broader category of recovered material.”

The Commonwealth of Pennsylvania recognizes that paper products are universally made with scrap material recovered from the manufacturing process; use of such materials is a standard practice, both efficient and economical for the paper maker; therefore, bidders of paper products need not certify that their products are made with “pre- consumer,” “recovered.” or “secondary” paper fiber.

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(B) BIDDER’S CERTIFICATION

Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of post-consumer content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a mill certification must be completed and signed by the mill before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.

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EXHIBIT A-4 LANDSCAPING PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Landscaping Products Recovered Material Content

Hydraulic Mulch: ------Paper 100% (post-consumer) ------Wood/Paper 100% (total)

Compost Made From Purchase or use compost made from yard trimmings, leaves, grass Yard Trimmings and/or clippings and/or food wastes for applications such as landscaping, Food Waste seeding of grass or other plants, as nutritious mulch under trees and shrubs, and in erosion control and soil reclamation. DGS further recommends implementing a composting system for these materials when agencies have an adequate volume and sufficient space.

Garden Hose: ------Rubber and/or Plastic 60% (post-consumer)

Soaker Hose: ------Rubber and/or Plastic 60% (post-consumer)

Lawn and Garden Edging: ------Rubber and/or Plastic 30% (post-consumer)/30-100% (total)

Landscaping Timber and Posts: ------HDPE 25% (post-consumer) + 50% (recovered) ------Mixed Plastics/Sawdust 50% (post-consumer) + 50% (recovered) ------HDPE/Fiberglass 75% (post-consumer) + 20% (recovered) ------Other mixed Resins 50% (post-consumer) + 45% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary evidence that the landscaping product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

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EXHIBIT A-5 MISCELLANEOUS PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All miscellaneous products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Miscellaneous Products Recovered Material Content Awards and Plaques ------Glass 75% (post-consumer) + 25% (recovered) ------Wood 100% (total) ------Paper 40% (post-consumer) ------Plastic and Plastic/Wood Composites 50% (post-consumer) + 45% (recovered) Industrial Drums ------Steel1 16% (post-consumer) + 9% (recovered) ------Plastic (HDPE) 30% (post-consumer) ------Fiber (paper) 100% (post-consumer) Mats ------Rubber 75% (post-consumer) +10% (recovered) ------Plastic 10% (post-consumer) + 90% (recovered) ------Rubber/Plastic Composite 100% (post-consumer) Pallets ------Wood 95% (post-consumer) ------Plastic 100% (post-consumer) ------Thermoformed 25% (post-consumer) ------Paperboard 50% (post-consumer) Signage ------Plastic 80% (post-consumer) ------Aluminum 25% (post-consumer) ------Plastic Sign Posts/Supports 80% (post-consumer) ------Steel Sign Posts/Supports2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Sorbents ------Paper 90% (post-consumer) +10% (recovered) ------Textiles 95% (post-consumer) ------Plastics 25% (total) ------Wood3 100% (total) ------Other Organics/Multimaterials4 100% (total) Manual-Grade Strapping ------Polyester 50% (post-consumer) ------Polypropylene 10% (total) ------Steel2 16% (post-consumer) +9% (recovered) 67% (post-consumer) +33% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1Steel used in steel drums is manufactured using the Basic Oxygen Furnace (BOF) process, which contains 25-30% total recovered material, of which 16% is post-consumer steel. Steel used in manual-grade strapping is manufactured using either the BOF process or the Electric Arc Furnace (EAF) process, which contains 100% total recovered materials, of which 67% is post-consumer steel. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 3 “Wood” includes materials such as sawdust and lumber mill trimmings. 4 Examples of other organics include, but are not limited to, peanut hulls and corn stover. An example of multimaterial sorbents would include, but not be limited to, a polymer and cellulose fiber combination. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 22 Department of General Services

(B) BIDDER’S CERTIFICATION

Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary evidence that the miscellaneous product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

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EXHIBIT A-6 NONPAPER OFFICE PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All nonpaper office products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Recovered Material Content Nonpaper Office Product Recycling Containers and Waste Receptacles: ------Plastic 20% (post-consumer) ------Steel1 16% (post-consumer) +9% (recovered) ------Paper ------Corrugated 25% (post-consumer) ------Solid Fiber Boxes 40% (post-consumer) ------Industrial Paperboard 40% (post-consumer) + 60% (recovered)

Plastic Desktop Accessories (polystyrene) including desk 25% (post-consumer) organizers, sorters, and trays, and memo, note, and pencil holders.

Binders: ------Plastic-Covered 25% ------Paper-Covered 75% (post-consumer) +15% (recovered) ------Pressboard 20% (post-consumer) + 30% (recovered) ------Solid Plastic ------HDPE 90% (post-consumer) ------PE 30% (post-consumer) ------PET 100% (post-consumer) ------Misc. Plastics 80% (post-consumer)

Trash Bags (plastic) 10% (post-consumer)

Toner Cartridges Return used toner cartridges for remanufacturing and reuse or purchase a remanufactured or recycled-content replacement cartridge.

Printer Ribbons Procure printer ribbon reinking or reloading services or procure reinked or reloaded printer ribbons.

Plastic Envelopes 25% (post-consumer)

Plastic Clipboards: ------HDPE 90% (post-consumer) ------PS 50% (post-consumer) ------Misc. Plastics 15% (post-consumer)

Plastic File Folders ------HDPE 90% (post-consumer)

Plastic Clip Portfolios ------HDPE 90% (post-consumer)

Plastic Presentation Folders ------HDPE 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

1 The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is made from steel manufactured from in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. 24 Department of General Services

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the nonpaper office products which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the nonpaper office product(s) were in fact produced with the required minimum percentage of post- consumer and recovered material content.

25 Department of General Services

EXHIBIT A-7 PARK & RECREATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Park & Recreation Product Recovered Material Content1 Park Benches & Picnic Tables: -----Plastic2 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 50% (recovered) -----Aluminum 25% (post-consumer) -----Concrete 15% (total) -----Steel3 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Plastic Fencing for Specified Uses4 60% (post-consumer) + 30% (recovered) Playground Equipment -----Plastic3 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 45% (recovered) -----Steel4 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Aluminum 25% (post-consumer) Playground Surfaces: -----Plastic or Rubber 90% (post-consumer) Running Tracks: -----Plastic or Rubber 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the park and recreational product(s), to provide the Commonwealth with documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 “Plastic” includes both single and mixed plastic resins. Park benches and picnic tables made with recovered plastic may also contain other recovered materials such as sawdust, wood, or fiberglass. The percentage of these materials contained in the product would also count toward the recovered materials content level of the item. 3 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (AF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 4 Designation includes fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications. 26 Department of General Services

EXHIBIT A-8 TRANSPORTATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All transportation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Transportation Products Recovered Material Content1

Traffic Cones: -----Plastic (PVC and LDPE) 50% (recovered) -----Crumb Rubber 50% (recovered) Traffic Barricades (type I and II only): -----Plastic (HDPE, LDPE, PET) 80% (post-consumer) + 20% (recovered) -----Steel 2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Fiberglass 100% (recovered) Parking Stops: -----Plastic and/or Rubber 100% (recovered) -----Concrete Containing Coal Fly Ash 20% (recovered) 15% when used as a partial cement replacement as an admixture in concrete. -----Concrete Containing Ground 25% (recovered) Granulated Blast Furnace Slag Traffic Control Devices: -----Channelizers: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Delineators: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Steel (base only)2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Flexible Delineators 25% (post-consumer) “Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the transportation product(s), to provide the Commonwealth with documentary evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 Content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 27 Department of General Services

MANUFACTURER/MILL CERTIFICATION

(To be submitted with invoice for each order)

TO BE COMPLETED BY MANUFACTURER/MILL:

NAME OF MANUFACTURER/MILL:______

ADDRESS OF MANUFACTURER/MILL: ______

FEDERAL EMPLOYER I.D. NO.: ______

CONTRACT OR REQUISITION NO. ______

NAME OF CONTRACTOR: ______

ADDRESS OF CONTRACTOR:______

Type of product(s) which the manufacturer/mill furnished to the contractor: ______

______

______

CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill, do hereby certify that I am authorized to provide this certification on behalf of the above-named manufacturer/mill and that the type of product(s) listed above which my company furnished to the contractor named above for the referenced contract or purchase requisition, contained not less than ______% post-consumer materials and ______% recovered materials as those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

______Signature

______Name of Signatory

______Title Date

28 EXHIBIT B

LEASING TERMS AND CONDITIONS

I. General.

(A) Pursuant to these Leasing Terms and Conditions (“Terms and Conditions”) the contractor(s) shall lease equipment and software covered by the contract. Commonwealth agencies shall, in addition to the outright purchase of equipment and software, have the option to lease equipment from the contractor, as well as financed software and other items in RFP CN00027699. Leases shall be in accordance with the following terms (in addition to the terms and conditions of RFP CN00027699. The ordering Commonwealth agency shall indicate its election to lease equipment (each such lease transaction hereinafter called a "Lease") on the applicable purchase order issued to the contractor. Such Lease may also include financed software or other items in RFP CN00027699 that are financed (in either case "Financed Items").

(B) The contractor may assign such purchase order and Lease to a third party ("Initial Assignee") who will fund the purchase of the equipment and Financed Items (and in the case of a Lease, take title to the equipment) and assume the right to receive all payments thereunder. The consent of the Commonwealth to such assignment by the contractor shall not be required. The contractor shall notify the Commonwealth of its assignment to an Initial Assignee in its acknowledgment to the Commonwealth Agency of the purchase order and by providing the Commonwealth Agency with a copy of an assignment agreement between the contractor and the Initial Assignee.

(C) Notwithstanding any provisions to the contrary in the RFP CN00027699, in the event of an assignment of a Lease to an Initial Assignee, the Initial Assignee shall only be bound to the obligations of the contractor as they are specified in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided in the remainder of RFP CN00027699. The Commonwealth waives any claims it may have against the Initial Assignee for any loss, damage or expense caused by the equipment or any Financed Item or any defect therein or use or maintenance thereof. The Commonwealth acknowledges that the Initial Assignee is not the supplier of the equipment or Financed Items and is not responsible for its selection or installation. Once an acceptance certificate in the form attached hereto as Exhibit A is executed by the ordering Commonwealth Agency and is received by Initial Assignee, if any portion of the equipment or Financed Items is unsatisfactory for any reason, the ordering Commonwealth Agency shall, nevertheless, continue to make payments under the applicable Lease and shall make any claim against the contractor or the manufacturer, but not against the Initial Assignee or any subsequent assignee of the Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

(D) The rights of the Initial Assignee and any subsequent assignee to receive payments under a Lease are absolute and unconditional and shall not be affected by any right of set-off or defense of any kind whatsoever once an acceptance certificate in the form attached here to as Exhibit A is executed by the ordering Commonwealth Agency and is also received by Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

II. Leasing Plans. The contractor agrees to provide the equipment and Financed Items covered by RFP CN00027699 through 48 month Lease with Fair Market Value

The leasing plan selected by the ordering Commonwealth agency shall be identified on the purchase order.

III. Term. The term of each Lease shall commence on the date the equipment and/or Financed Items are accepted by the ordering Commonwealth agency (as evidenced by an acceptance certificate in the form attached hereto as Exhibit A) and shall continue for the period of time of the pricing plan as designated on the purchase order.

IV. Payments.

(A) Full term intention. The ordering Commonwealth agency shall pay the applicable quarterly or semi-annual payment for the equipment and Financed Items. Payment shall be made by the ordering Commonwealth Agency, for the full term, unless the purchase order or lease is terminated by the Commonwealth agency for contractor Default under Section V(I)(2) herein or nonappropriation of funds.

(B) Nonappropriation. The Commonwealth agency's obligation is payable only and solely from funds allotted for the purpose of the Lease. If sufficient funds are not appropriated for continuation of performance under any Lease for any fiscal year subsequent to the one in which the purchase order was issued, the Commonwealth agency may return the equipment to the contractor or Initial Assignee (if applicable) and thereafter be released of all further obligations, provided: (i) The Commonwealth agency delivers unencumbered title to the equipment to the contractor or Initial Assignee (if applicable), (ii) The equipment is returned to the contractor or Initial Assignee (if applicable) in good condition, reasonable wear and tear excepted, and (iii) thirty (30) days written notice is given to the contractor or Initial Assignee (if applicable) stating the failure of appropriations as the reason for return and certifying that the equipment is not being replaced by similar equipment from another vendor. In the event the Commonwealth agency returns the equipment for failure of appropriations, all amounts then due to the contractor or Initial Assignee (if applicable) through the end of the fiscal year for

2 which sufficient funds have been appropriated shall be paid by the Commonwealth agency.

V. Leasing Terms and Conditions. The following terms and conditions shall apply for the Forty-eight (48) month Lease with Fair Market Value:

(A) Title. Title in or to the equipment shall not pass to the Commonwealth but shall remain in the contractor or Initial Assignee (if applicable). The equipment shall remain personal property and shall not become a fixture or affixed to real property. The Commonwealth will keep the equipment free and clear of all encumbrances except the contractor's or any assignee's security interest. At the request of the contractor or Initial Assignee (if applicable), the Commonwealth will join the contractor or Initial Assignee in executing one or more financing statements, pursuant to the Uniform Commercial Code or other registration law applicable to the location of the equipment. The contractor or Initial Assignee (if applicable) will pay the cost of filing the financing statement(s) in all public offices wherever filing is deemed by the contractor or Initial Assignee to be necessary or desirable.

(B) Risk of Loss. The contractor shall assume and bear the risk of loss, damage, or theft to the equipment and all component parts thereof while same is in the Commonwealth's possession, unless it could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment. No loss or damage to the equipment shall impair any obligation of the contractor or of the Commonwealth, except as hereinafter expressly provided. Unless the damage could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment, the contractor shall repair or cause to be repaired all damages to the equipment, if the contractor determines the equipment can be economically repaired. In the event that the equipment is stolen, destroyed or rendered irreparable, unusable, or damaged as determined by the contractor, the Lease shall terminate and the Commonwealth's obligation to pay rent for the equipment shall be deemed to have ceased as of the date of the loss.

(C) Assignment. The Commonwealth shall not assign any Lease hereunder or any interest therein, or sublease the equipment without the prior written consent of the contractor or its assignee. The Commonwealth reserves the right, upon notice to the contractor and any affected assignees, to transfer equipment and associated lease payment obligations between Commonwealth agencies. The contractor may assign the purchase order and the Lease and/or grant security interests therein, in whole or in part to an Initial Assignee and such Initial Assignee may further assign a Lease and/or grant a security interest therein to a subsequent assignee without the consent of the Commonwealth. Any other assignment by the contractor shall require the prior written consent of the Commonwealth. Upon notice to the ordering Commonwealth agency, the contractor may assign payments under any Lease to a third party.

3

(D) Extension. If the Commonwealth has not elected to purchase the equipment at the expiration of a Lease term, and as long as the Commonwealth is not in default under the Lease, the Lease (other than Leases that expire five years from date of installation) may be extended upon receipt by the contractor or Initial Assignee (if applicable) of written notification from the Commonwealth. The extension will be under the same terms and conditions then in effect, including rent (but not less than fair market rental value) and will continue until the earlier of termination by either party upon one month's prior written notice or five years from the date of installation.

(E) Return of Equipment. At the expiration or termination of a Lease for any item of equipment, or upon demand by the contractor, or Initial Assignee (if applicable) pursuant to Section V(I), Default, the Commonwealth shall promptly return the equipment “as is”, freight prepaid, to a location in the continental United States specified by the contractor or Initial Assignee (if applicable). The Commonwealth will not be assessed any additional charges based on condition of the returned equipment. The Commonwealth agency shall pay the applicable rent for the equipment until it has been shipped to the contractor in accordance with the subsection. Since the Commonwealth has, as a matter of policy, determined that all hard drives contain information that is confidential or sensitive, the contractor shall, at its discretion, either 1) remove and destroy the hard drive from the equipment or 2) clean the hard drive to Office of Administration/U.S. Department of Defense standards. The contractor will be required to provide written certification to the Commonwealth agency that the hard drive has been destroyed or cleaned to Office of Administration/U.S. Department of Defense standards. Except in the event of a total loss of the equipment pursuant to paragraph V(B) herein and except for those costs associated with the removal, destruction and cleaning of the hard drives, the Commonwealth shall pay any costs and expenses incurred by the Contractor or Initial Assignee (if applicable) to place the equipment in good operating condition in accordance with the specifications. All parts removed and replaced by the contractor shall become the property of contractor or Initial Assignee (if applicable). The contractor’s or Initial Assignee’s (if applicable) costs and expenses associated with 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive shall be included in the rental amount. No additional charges will be paid by the Commonwealth agency for 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive upon the return of an item of equipment.

(F) Warranties: Quiet Enjoyment. The contractor or Initial Assignee (if applicable) grants to the Commonwealth the benefit of any and all warranties made by the manufacturer or supplier of the equipment or Financed Items during the term of a

4 Lease. The contractor warrants that neither the contractor nor anyone acting or claiming through the contractor, by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. However, in the event of an assignment of a Lease hereunder to an Initial Assignee, such Initial Assignee (and any subsequent assignee) warrants that neither it nor anyone acting or claiming through it by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of and use of the Equipment, so long as no event of default shall have occurred and be continuing.

(G) Liability.

1. The Commonwealth assumes all risks and liabilities for injury to or death of any person or damage to any property, in any manner arising out of possession, use, operation, condition, or storage of any piece of equipment or Financed Item by the Commonwealth agency whether such injury or death be with respect to agents or employees of the Commonwealth or of third parties, and whether such property damage be to the Commonwealth's property or the property of others; provided, however, that said damage or injury results from the negligence of Commonwealth, its agents or employees, and provided that judgment has been obtained against the Commonwealth. This provision shall not be construed to limit the sovereign immunity of the Commonwealth, the Department of General Services or any Commonwealth agency.

2. The Commonwealth shall, during the term of the Lease, self-insure with respect to the risks which it has assumed under subparagraph (G)(1) above, including, but not limited to, risks of public liability and property damage under Act 142 of October 5, 1980, P.L. 693, 42 Pa. C.S. A. Section 8522.

(H) Financing and Prepayment. If a Lease provides for financing of software or other Financed Items, the contractor will pay the charges for such Financed Items directly to the supplier (if such supplier is not the contractor). In the event the Lease is assigned to an Initial Assignee, the Initial Assignee will pay such charges directly to the contractor or the supplier. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth's obligation to pay rent for those items of software or other Financed Items which have been delivered and for which acceptance certificates have been received shall not be effected by any discontinuance, return or destruction of any license or licensed program materials or any dissatisfaction with any service financed under the Lease. The Commonwealth may terminate any Financed Item (but not an item of equipment) by prepaying its remaining rent. The Commonwealth shall provide the contractor or Initial Assignee (if applicable) with notice of the intended prepayment date which shall be at least one month after the date of the notice. The contractor or Initial Assignee may, depending on market conditions at the time, reduce the remaining rent to reflect such prepayment and shall advise the

5 Commonwealth of the balance to be paid. If, prior to Lease expiration, the Commonwealth purchases equipment related to a Financed Item or if the Lease for such equipment is terminated, for any reason (except if funds are not appropriated as described in paragraph IV(B), the Commonwealth shall at the same time prepay such Financed Item, if it has been delivered and for which an acceptance certificate has been received.

(I) Default

1. If the Commonwealth (1) does not pay a rent payment within thirty (30) days after the due date and such non-payment continues for fifteen (15) days after receipt of written notice from the contractor or Initial Assignee (if applicable) that the Commonwealth Agency is delinquent in payment of any rent; (2) breaches any other provision under these Terms and Conditions and such breach continues for fifteen (15) days after receipt of written notice thereof from the contractor or Initial Assignee (if applicable); or (3) files any petition or proceeding (or has a petition or proceeding filed against it) under any bankruptcy, insolvency or similar law, the contractor or its assignee may pursue and enforce the following remedies:

a. Terminate the applicable purchase order.

b. Take possession of any or all items of equipment without any court order or other process of law and for such purpose, the contractor or its assignee may enter upon the premises where the equipment may be and may remove the same therefrom upon written notice of its intention to do same, without being liable to any suit or action or other proceeding by the Commonwealth. The contractor or its assignee may, among its options, sell the equipment at public or private sale for cash or credit. The Commonwealth agency shall be liable for the contractor’s or the assignee’s expense of retaking possession and the removal of the equipment and placing the equipment in good operating condition (if it is not in good operating condition at the time of removal) in accordance with the manufacturer’s specifications. When the equipment is returned to the contractor or its assignee, it shall include only those items that were purchased as per the purchase order.

c. Recover from the Commonwealth agency all rent payments then due and the net present value of the amount of the remaining rent payments. The present value of such remaining rent payments shall be calculated using a discount rate equal to the average of the weekly two and three year Treasury Constant Maturities published by the Federal Reserve Board for the last calendar week of the month preceding the contractor’s or its assignee’s termination of the applicable purchase order. The Treasury Constant Maturities

6 are published in Statistical Release .15 and can be accessed via the Federal Reserve Board internet website.

2. In the event of default by the contractor, the Commonwealth may pursue one or more of the following remedies.

a. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth shall continue to make rent payments for those units of equipment which have been delivered for which acceptance certificates have been received, and cancel its order without liability for payment for those units which have not been delivered and for which acceptance certificates have not been received. The amount of the rent payments shown in the payment schedule will be recalculated, however, to take into consideration and pay for the actual number of units which were delivered and for which acceptance certificates have been received. If no acceptable units of equipment have been delivered and accepted, the Commonwealth agency may terminate the purchase order without liability to make any payments.

b. If the payments under this agreement have not been assigned to an Initial Assignee, the Commonwealth agency may setoff or counterclaim against its obligation to make the payments any and all damages incurred by the Commonwealth as a result of the contractor's default.

c. The Commonwealth and any Commonwealth ordering agency may cancel a lease for the lessor’s non-performance or failure to comply with the terms of the lease or Contract, including non- compliance with applicable Service Level Agreements for leased equipment. Non-performance shall be defined as the failure by the lessor to provide (and cure within any applicable lease or contract cure period) material or services as required by the contract or lease agreement. In the event the lessee notifies the lessor of its non-performance, the lease shall be null and void 30 days from the date of notification to the lessor. It will be the responsibility of the lessor to pick-up the equipment with no additional charges.

VI. Compliance with Internal Revenue Code. The contractor or its assignee must, if it intends to provide tax exempt financing, file, in timely fashion, any reports that must be filed with the Internal Revenue Service with respect to the order under Section 124 or 149 of the Internal Revenue Code (IRC). The Commonwealth shall cooperate with the contractor or its assignee in the preparation and execution of these documents. The Commonwealth shall also keep a copy of each notification of assignment with the Commonwealth's counterpart of the order and shall not, during the term of the Lease, permit the equipment to be directly or indirectly used for a private business use within the

7 meaning of Section 141 of the IRC. The Commonwealth represents that it and each ordering Commonwealth Agency that enters into a Lease hereunder qualifies as a State or political subdivision of a State for the purpose of Section 103(a) of the IRC. Any misrepresentation of such status under Section 103(a) shall constitute an event of default by the Commonwealth pursuant to paragraphs V(I). If (a) the Internal Revenue Service rules that the Commonwealth or any ordering Commonwealth Agency does not so qualify under Section 103(a) of the IRC, or (b) the Commonwealth fails to cooperate with the contractor or Initial Assignee in the preparation and execution of any reports required under Section 124 or 149 of the IRC (including 8038G and 8038GC forms), the Commonwealth will pay the contractor or Initial Assignee (if applicable) upon demand, a sum to be determined by the contractor or Initial Assignee sufficient to return the contractor or Initial Assignee (if applicable) to the economic results it would otherwise have received.

VII. Other Documents. Upon request from the contractor or Initial Assignee the Commonwealth will sign properly completed UCC-1 Forms and 8038G or 8038GC Forms if applicable. The contractor or Initial Assignee shall be responsible for completing these forms and filing them with the appropriate offices/parties. One opinion of counsel form (using the form attached hereto as Exhibit B) covering all Commonwealth agency orders under the contract will be provided upon request.

VIII. Use and Location of Equipment and Alterations. The Commonwealth shall keep the equipment under a Lease within the confines of the Commonwealth of Pennsylvania. The Commonwealth will inform the contractor or the Initial Assignee of the location of the equipment upon request. The ordering Commonwealth agency, at its own cost and expense, shall maintain the equipment in good operating condition and will not use or deal with the equipment in any manner which is inconsistent with the terms of the Contract or any applicable laws and regulations. The equipment will not be misused, abused, wasted or allowed to deteriorate except for ordinary wear and tear resulting from its intended use. No alterations, changes, or modifications to the equipment shall be made without the approval of the contractor or Initial Assignee (if applicable).

IX. Warranty Disclaimer. IN THE EVENT CONTRACTOR ASSIGNS A LEASE HEREUNDER TO AN INITIAL ASSIGNEE, SUCH INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE MAKE NO WARRANTY (OTHER THAN, IN THE CASE OF A LEASE, A WARRANTY OF QUIET ENJOYMENT OF THE EQUIPMENT), EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO THE INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE, THE COMMONWEALTH TAKES THE EQUIPMENT AND ANY FINANCED ITEMS "AS IS." IN NO EVENT SHALL THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE HAVE ANY LIABILITY FOR, NOR SHALL THE COMMONWEALTH HAVE ANY REMEDY AGAINST THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF SAVINGS OR LOSS OF USE.

8 X. Governing Law: Severability. All Leases hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania; however the parties agree that Article 2A of the Uniform Commercial Code shall not apply or govern transactions under these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid or unenforceable, all other provisions shall remain in effect. All disputes arising in connection with these Terms and Conditions shall be resolved in accordance with Section 21 of the Standard Contract Terms and Conditions for Department of General Services Statewide Services Contracts – SAP (Appendix A to RFP CN00027699).

XI. Notices. Service of all notices under these Terms and Conditions shall be sufficient if delivered by hand or overnight courier or mailed to the Commonwealth at the address set forth in the applicable purchase order, or to the contractor or Initial Assignee (if applicable) at the address set forth in its acknowledgment to the purchase order (or any document attached thereto). Notices by mail shall be effective when deposited in the U.S. mail, duly addressed and postage prepaid. Notices delivered by hand or by overnight courier shall be effective when actually received.

XII. Terms. These Terms and Conditions are in addition to other terms and conditions of RFP CN00027699, except to the extent the contractor assigns a Lease or hereunder to an Initial Assignee, in which case the Initial Assignee shall only be bound to the obligations of the contractor indicated in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided by the current terms and conditions of RFP CN00027699. To the extent that there is a conflict between the other terms and conditions of RFP CN00027699 and these Terms and Conditions, these Terms and Conditions shall prevail to the extent that a leasing option is selected by the ordering Commonwealth agency.

9 EXHIBIT A

Purchase order No. ______dated ______, 20 __, by and between ______(the contractor) and ______(Commonwealth agency).

ACCEPTANCE CERTIFICATE

The undersigned hereby certifies and represents to, and agrees with, the contractor or its assignee as follows:

1. A unit(s) of the equipment and/or financed item(s) identified on the attached schedule have/has been delivered to ______and accepted on the date indicated below.

2. The Commonwealth agency had conducted such inspection and/or testing of the unit(s) of the equipment and/or financed item(s) as it deems necessary and appropriate and hereby acknowledges that it accepts the such unit(s) of equipment.

3. The Commonwealth agency is not in any event of default as defined in RFP CN00027699 and no event which, with notice or lapse of item, or both, would become an event of default, has occurred and is continuing at the date thereof.

______(Commonwealth Agency)

By: ______

______Title

______Date

10 EXHIBIT B

DATE: ______

Ladies and Gentlemen:

As counsel for the Commonwealth of Pennsylvania, Department of General Services, I am familiar with RFP CN00027699 (the "Agreement") dated as of ______, 20 _____, between ______as the contractor and the Commonwealth of Pennsylvania, including all exhibits and attachments to the Agreement.

Based on the examination of these and such other documents, records, and papers as I deemed to be relevant and necessary as the basis for my opinion set forth below, It is my opinion that as of the date of this opinion:

1. The Commonwealth is authorized to enter into the transaction contemplated by the Agreement and to carry out its obligations thereunder.

2. The Agreement has been duly authorized, executed, and delivered by the Commonwealth and constitutes a legal, valid, and binding agreement enforceable in accordance with its term. Any orders issued by Commonwealth agencies against the Agreement represent legal, valid and binding obligations of the agency that issued the order.

3. No further approval, consent, or withholding of objections is required from any federal, state, or local governmental authority with respect to the entering into or performance by the Commonwealth of the Agreement and the transactions contemplated thereby.

4. The entering into and performance of the Agreement and other related documents will not violate any judgment, order, law, or regulation applicable to the Commonwealth or result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest, or other encumbrance upon any assets of the Commonwealth or the equipment pursuant to any indenture, mortgage, deed or trust, bank loan, credit agreement or other instrument by which the Commonwealth is a party or by which it or its assets may be bound.

11 5. To the best of my knowledge, there are no actions, suits, or proceedings pending or, to the knowledge of the Commonwealth, threatened against or affecting the Commonwealth, in any court or before any governmental commission board or authority which, if adversely determined, will have a material adverse effect on the ability of the Commonwealth to perform its obligations under the Agreement.

6. All required competitive procurement procedures regarding the award of the Agreement have been followed by the Commonwealth.

Sincerely,

______Assistant Counsel

12

REQUEST FOR PROPOSALS FOR

INFORMATION TECHNOLOGY PERSONAL COMPUTING SOURCED CONTRACT

ISSUING OFFICE

Commonwealth of Pennsylvania Department of General Services 555 Walnut Street, 6th floor Harrisburg, PA 17101-1914

RFP NUMBER CN00027699

DATE OF ISSUANCE

03/18/2008

i

REQUEST FOR PROPOSALS FOR

Information Technology Personal Computing CN00027699

TABLE OF CONTENTS

CALENDAR OF EVENTS ii

Part I—GENERAL INFORMATION 1

Part II—PROPOSAL REQUIREMENTS 14

Part III—CRITERIA FOR SELECTION 22

Part IV—WORK STATEMENT 25

APPENDIX A, STANDARD CONTRACT TERMS AND CONDITIONS

APPENDIX B, DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

APPENDIX C, COSTARS PROGRAM QUESTIONNAIRE

APPENDIX D, PROPOSAL COVER SHEET

APPENDIX E, HARDWARE REQUIREMENTS

APPENDIX F, COST SPREADSHEET

APPENDIX, G WARRANTY REQUIREMENTS

APPENDIX, H CUSTOMER SURVEY

APPENDIX, I USAGE HISTORY

APPENDIX, J LEASE TERMS

ii CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

Activity Responsibility Date Deadline to submit Questions via email to ra- Potential 03/31/08 [email protected] Offerors

Issuing Preproposal Conference—6th Forum Place, 555 Walnut Office/Potential 04/02/08 Street Harrisburg, PA 17101 Offerors

Answers to Potential Offeror questions posted to the DGS website Issuing Office 04/07/08 (http://www.dgsweb.state.pa.us/RTA/Search.aspx) no later than this date.

Please monitor website for all communications regarding Potential Ongoing the RFP. Offerors

Sealed proposal must be received by the Issuing Office at Department of General Services, 555 Walnut Street, Offerors 04/22/08 Forum Place, 6th floor, Harrisburg, PA 17101

iii

PART I

GENERAL INFORMATION

I-1. Purpose. This request for proposals (RFP) provides interested Offerors with sufficient information to enable them to prepare and submit proposals for consideration by the Commonwealth of Pennsylvania to satisfy a need for the purchase and lease (Lease Terms and Conditions, Appendix J) of IT Hardware: personal computers (PC)s, , tablets, thin clients, rugged notebooks, monitors, and related options and services. The Commonwealth of Pennsylvania (CWOPA) intends to reduce its overall cost for IT Hardware by channeling the volume of CWOPA demand to a few standard configurations (Specified in Appendix E- Hardware Requirements) The Commonwealth of Pennsylvania intends to source these IT Hardware items through a single Offeror (a Manufacturer or Re-Seller) to maximize volume leveraging. The awarded Offeror(s) must provide warranty and be capable of providing related services (Asset Tagging, Imaging, Technical Support, etc.) for ALL equipment that is offered and purchased through the resulting contract.

I-2. Issuing Office. The Department of General Services (“Issuing Office”) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be Jason Hicks at 555 Walnut Street, 6th Street, Harrisburg, Pa 17101, RA- [email protected], the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer.

I-3. Scope. This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

I-4. Problem Statement. The Commonwealth is currently in the process of executing a sourcing initiative to coordinate and aggregate spending policies for personal computers, laptops, tablets, thin clients, rugged notebooks, monitors, and related options and services across the Commonwealth. This RFP presents suppliers with the Commonwealth’s current situation and solicits their responses and/or recommendations. Through this RFP, the Commonwealth also seeks to learn more about suppliers and their capabilities as they relate to the provision of PC related hardware. This RFP includes information pertaining to the following key areas:

• Equipment: The specifications as detailed in Appenix E, Hardaware Requirements.

• Questions related to supplier's core value-add capabilities: The Commonwealth is seeking to engage industry-leading suppliers who have the proven and evidenced ability to handle large accounts. In addition, the Commonwealth is seeking to gather in-depth information about all potential suppliers’ capabilities, credentials, and strengths.

• Specific Commonwealth requirements: The selected supplier must have the ability to partner with the Commonwealth to meet high-level objectives. While the selected supplier is expected to meet specific requirements at the agency level, the

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Commonwealth expects its supplier’s to understand the organization’s higher-level objectives and, as a result, to provide evidence of value-added services in the areas of fleet optimization and asset management.

Additional detail is provided in Part IV of this RFP.

I-5. Type of Contract. It is proposed that if the Issuing Office enters into any contracts as a result of this RFP, they will be statewide requirements contracts containing the Standard Contract Terms and Conditions as shown in Appendix A and available at http://www.dgs.state.pa.us The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

I-6. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

I-7. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I-8. Preproposal Conference. . The Issuing Office will hold a pre-proposal conference as specified in the Calendar of Events. The purpose of this conference is to provide opportunity for clarification of the RFP. Offerors should forward all questions to the Issuing Office in accordance with Part I, Section I-9 to ensure adequate time for analysis before the Issuing Office provides an answer. Offerors may also ask questions at the conference. In view of the limited facilities available for the conference, Offerors should limit their representation to two (2) individuals per Offeror. The pre-proposal conference is for information only. Any answers furnished during the conference will not be official until the Issuing Office has verified them, in writing. All questions and written answers will be posted on the Department of General Services’ (DGS) website as an addendum to, and shall become part of, this RFP. Attendance at the Pre-proposal Conference is optional, but strongly encouraged.

I-9. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP CN00027699 Question”) to the Issuing Officer named in Part I, Section I-2 of the RFP. If the Offeror has questions, they must be submitted via email no later than the date indicated on the Calendar of Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The Issuing Officer shall post the answers to the questions on the DGS website by the date stated on the Calendar of Events.

All questions and responses as posted on the DGS website are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be responsible to monitor the DGS website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of

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the solicitation. The required protest process for Commonwealth procurements is described on the DGS website.

I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the DGS website at www.dgsweb.state.pa.us/comod/main.asp. It is the Offeror’s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP.

I-11. Response Date. To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject unopened, any late proposals.

I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Part II, providing 8 paper copies of the Technical Submittal and one (2) paper copy of the Cost Submittal and two (2) paper copies of the Disadvantaged Business Submittal. In addition to the paper copies of the proposal, Offerors shall submit two complete and exact copies of the entire proposal (Technical, Cost and Disadvantaged Business Submittals, along with all requested documents) on CD-ROM or Flash drive in Microsoft Office or Microsoft Office-compatible format. The electronic copy must be a mirror image of the paper copy and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no costing information in the technical submittal. Offerors should not reiterate technical information in the cost submittal. The CD or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix D to this RFP) and the Proposal Cover Sheet is attached to the Offeror’s proposal, the requirement will be met. For this RFP, the proposal must remain valid for 120 days or until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations. The information in the proposal will become a public record upon contract execution, except as limited by Section 106 (b)(1) of the Commonwealth Procurement Code, 62 Pa. C.S. § 106 (b)(1).

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Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification, which complies with the RFP requirements.

I-13. Disadvantaged Business Information. The Issuing Office encourages participation by small disadvantaged businesses as prime Offerors, joint ventures and subcontractors/suppliers and by socially disadvantaged businesses as prime Offerors.

Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes:

a. Department of General Services Bureau of Minority and Women Business Opportunities (BMWBO)-certified minority business enterprises (MBEs) and women business enterprises (WBEs) that qualify as small businesses; and

b. United States Small Business Administration-certified small disadvantaged businesses or 8(a) small disadvantaged business concerns.

Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

Socially disadvantaged businesses are businesses in the United States that BMWBO determines are owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as “socially disadvantaged,” the Offeror must include in its proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color, ethnic origin or gender.

Questions regarding this Program can be directed to:

Department of General Services Bureau of Minority and Women Business Opportunities Room 611, North Office Building Harrisburg, PA 17125 Phone: (717) 787-6708

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Fax: (717) 772-0021 Email: [email protected]

Program information and a database of BMWBO-certified minority- and women-owned businesses can be accessed at www.dgs.state.pa.us/bcabd. The federal vendor database can be accessed at www.ccr.gov by pointing to Search and selecting Dynamic Small Business Search (choose “Required (Active Certifications only)” for the Small Disadvantaged Business option).

I-14. Information Concerning Small Businesses in Enterprise Zones. The Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as prime Offerors, joint ventures and subcontractors/suppliers.

The definition of headquarters includes, but is not limited to, an office or location that is the administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting the business of the company on a regular and routine basis so as to contribute to the economic development of the geographical area in which the office or business is geographically located.

Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

There is no database or directory of small businesses located in Designated Enterprise Zones. Information on the location of Designated Enterprise Zones can be obtained by contacting:

Aldona M. Kartorie Center for Community Building PA Department of Community and Economic Development 4th Floor, Commonwealth Keystone Building 400 North Street Harrisburg, PA 17120-0225 Phone: (717) 720-7409 Fax: (717) 787-4088 Email: [email protected]

I-15. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP.

I-16. Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals.

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I-17. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification.

I-18. Prime Offeror Responsibilities. The contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The Issuing Office will consider the selected Offeror to be the sole point of contact with regard to contractual matters.

I-19. Proposal Contents. Offerors should not label proposal submissions as confidential or proprietary. The Issuing Office will hold all proposals in confidence and will not reveal or discuss any proposal with competitors for the contract, unless disclosure is required:

i) Under the provisions of any Commonwealth or United States statute or regulation; or

ii) By rule or order of any court of competent jurisdiction.

After a contract is executed, however, the successful proposal is considered a public record under the Right-to Know Law, 65 P.S. § 66.1—66.9, and therefore subject to disclosure. The financial capability information submitted under Part II, Section II-7 shall not be disclosed in the final contract. All material submitted with the proposal becomes the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Issuing Office, in its sole discretion, may include any person other than competing Offerors on its proposal evaluation committee. The Issuing Office has the right to use any or all ideas presented in any proposal regardless of whether the proposal becomes part of a contract.

I-20. Best and Final Offers. The Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining “best and final offers.” To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following:

i) Enter into pre-selection negotiations, including the use of an online auction;

ii) Schedule oral presentations; and

iii) Request revised proposals.

The Issuing Office will limit any discussions to responsible Offerors (those that have submitted responsive proposals and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance) whose proposals the Issuing Office has determined to be reasonably susceptible of being selected for award. The Criteria for Selection found in Part III, Section III-4, shall also be used to evaluate the best and final offers. Price reductions offered through any reverse online auction shall have no effect upon the Offeror’s Technical Submittal. Dollar commitments to Disadvantaged Businesses and

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Enterprise Zone Small Businesses can be reduced only in the same percentage as the percent reduction in the total price offered through negotiations, including the online auction.

I-21. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I-22. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror’s proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror’s proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

I-23. Debriefing Conferences. Offerors whose proposals are not selected will be notified of the name of the selected Offeror and given the opportunity to be debriefed. The Issuing Office will schedule the time and location of the debriefing. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals. An Offeror’s exercise of the opportunity to be debriefed does not constitute the filing of a protest.

I-24. Commonwealth Participation. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work. The Commonwealth will not be providing any office space, reproduction facilities or other logistical support for this project.

I-25. Term of Contract. The initial term of the contract will commence on the Effective Date and will expire three (3) years from the Effective Date, with two (2) one-year renewal terms, which may be exercised at the Commonwealth’s sole option. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.

I-26. Offeror’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

a. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.

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b. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror. c. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP. d. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. e. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. f. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal. g. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth. h. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification. i. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal. j. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

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k. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.

I-27. Method of Award. For the purposes of this RFP, the Commonwealth intends to make a single award to the top Offeror for Lot 1 (Desktops and Laptops) and a multiple award to the top Offeror(s) for Lot 2 (Ruggedized Laptops) & 3 (Thin Clients) . However, if the Issuing Office determines it to be in the best interest of the Commonwealth, the Issuing Office may make a single award for either or both lots 2 and 3. The Commonwealth will select Offerors for contract negotiations based upon the proposals determined to be the most advantageous to the Commonwealth. Further, the Commonwealth shall have the option to award any or all of the specified optional subcomponents (warranty service and value added services) to either or both of the top Offeror awarded each Lot or the Commonwealth may elect to purchase such items through a separately procured or existing contract. Only one Offeror’s proposal will be selected for contract negotiation for each particular manufacturer’s product line per lot awarded. Offerors who are not manufacturers must submit a letter from each manufacturer represented stating that the offeror is an authorized representative, distributor, dealer or reseller for the manufacturer.

I-28. Notification of Selection. The Issuing Office will notify the selected Offeror in writing of its selection for negotiation after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

I-29. RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at http://www.dgsweb.state.pa.us/comod/ProtestProcedures.doc A protest by a party not submitting a proposal must be filed within seven days after the protesting party knew or should have known of the facts giving rise to the protest, but no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office.

I-30. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Issuing Office’s version of the RFP, the Issuing Office’s version shall govern.

I-31. COSTARS PROGRAM

COSTARS Purchasers. Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. § 1902 (“Section 1902”), authorizes local public procurement units and state-affiliated entities (together, “COSTARS Purchasers”) to participate in Commonwealth procurement contracts that the Department of General Services (“DGS”) may choose to make available to COSTARS

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Purchasers. DGS has identified this Contract as one suitable for COSTARS Purchaser participation.

A. Only those COSTARS Purchasers registered with DGS may participate as COSTARS Purchasers in a Commonwealth contract. Several thousand COSTARS Purchasers are currently registered with DGS; therefore, the Offeror agrees to permit only to DGS-registered COSTARS members to make COSTARS purchases from this Contract.

1. A “local public procurement unit” is:

• Any political subdivision; • Any public authority; • Any tax exempt, nonprofit educational or public health institution or organization; • Any nonprofit fire, rescue, or ambulance company; and • To the extent provided by law, any other entity, including a council of governments or an area government that expends public funds for the procurement of supplies, services, and construction.

2. A state-affiliated entity is a Commonwealth authority or other Commonwealth entity that is not a Commonwealth agency. The term includes the Pennsylvania Turnpike Commission, the Pennsylvania Housing Finance Agency, the Pennsylvania Municipal Retirement System, the Pennsylvania Infrastructure Investment Authority, the State Public School Building Authority, the Pennsylvania Higher Educational Facilities Authority and the State System of Higher Education.

B. COSTARS Purchasers have the option to purchase from a Contract awarded under this procurement, from any DGS contract established exclusively for COSTARS Purchasers in accordance with the requirements of Section 1902, from any other cooperative procurement contracts, or from their own procurement contracts established in accordance with the applicable laws governing such procurements. The Offeror understands and acknowledges that there is no guarantee that any prospective COSTARS Purchaser will place an order under this Contract, and that it is within the sole discretion of the registered COSTARS Purchaser whether to procure from this Contract or to use another procurement vehicle.

C. DGS is acting as a facilitator for COSTARS Purchasers who may wish to purchase under this Contract. Registered COSTARS Purchasers who participate in this Contract and issue purchase orders (“POs”) to Offerors are third party beneficiaries who have the right to sue and be sued for breach of this contract without joining the Commonwealth or DGS as a party. The Commonwealth will not intervene in any action between a Offeror and a Purchaser unless substantial interests of the Commonwealth are involved.

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D. Registered COSTARS Purchasers electing to participate in this Contract will order items directly from the Offeror and be responsible for payment directly to the Offeror.

E. The Offeror shall furnish to the DGS COSTARS Program Office a quarterly electronic Contract sales report detailing the previous quarter’s Contract purchasing activity, using the form and in the format prescribed by DGS. The Offeror shall submit its completed quarterly report no later than the fifteenth calendar day of the succeeding Contract quarter.

1. Until such time as DGS may provide the Offeror written notice of automated report filing, the Offeror shall either e-mail the reports to GS- [email protected] or send the reports on compact disc via US Postal Service to the DGS COSTARS Program Office, Bureau of Procurement, 6th Floor Forum Place, 555 Walnut Street, Harrisburg, PA 17101. When DGS has instituted automated reporting, the Offeror shall comply with DGS’s written notice and instructions on automated Contract reports. DGS will provide these instructions with sufficient advance time to permit the Offeror to undertake automated reporting.

2. The Offeror shall include on each report the Offeror’s name and address, the Contract number, and the period covered by the report. For each PO received, the Offeror shall include on the report the name of each COSTARS-Registered Purchaser that has used the Contract along with the total dollar volume of sales to the specific Purchaser for the reporting period.

3. DGS may suspend the Offeror’s participation in the COSTARS Program for failure to provide the Quarterly Sales Report within the specified time.

F. Additional information regarding the COSTARS Program is available on the DGS COSTARS Website at http://www.dgsweb.state.pa.us/COSTARSReg/RegForm.aspx.

1. If the Offeror is aware of any qualified entity not currently registered and wishing to participate in the COSTARS Program, please refer the potential purchaser to the DGS COSTARS Website at http://www.dgsweb.state.pa.us/COSTARSReg/RegForm.aspx, where it may register by completing the online registration form and receiving DGS confirmation of its registration. To view a list of currently registered COSTARS member entities, please visit the COSTARS website.

2. Direct all questions concerning the COSTARS Program to: Department of General Services COSTARS Program 555 Walnut Street, 6th Floor Harrisburg, PA 17101 Telephone: 1-866-768-7827

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E-mail [email protected]

I-32. Participating Addendum with an External Procurement Activity.

Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. § 1902, permits external procurement activities to participate in cooperative purchasing agreements for the procurement of services, supplies or construction.

a. Definitions. The following words and phrases have the meanings set forth in this subsection a of Part I, Section I-31:

1) External procurement activity: The term, as defined in 62 Pa. C. S. § 1901, means a “buying organization not located in the Commonwealth [of Pennsylvania] which if located in this Commonwealth would qualify as a public procurement unit [under 62 Pa. C.S. §1901]. An agency of the United States is an external procurement activity.”

2) Participating addendum: A bilateral agreement executed by the Offeror and an external procurement activity that clarifies the operation of the Contract for the external procurement activity concerned. The terms and conditions in any participating addendum shall affect only the procurements of the purchasing entities under the jurisdiction of the external procurement activity signing the participating addendum.

3) Public procurement unit: The term, as defined in 62 Pa. C. S. § 1901, means a “local public procurement unit or purchasing agency.”

4) Purchasing agency: The term, as defined in 62 Pa. C. S. § 103, means a “Commonwealth agency authorized by this part or any other law to enter into contracts for itself or as the agent of another Commonwealth agency.”

b. General. A participating addendum shall incorporate the terms and conditions of the Contract resulting from this RFP. The Offeror shall not be required to enter into any participating addendum.

c. Additional Terms.

1) A participating addendum may include additional terms that are required by the law governing the external procurement activity.

2) A participating addendum may include new, mutually agreed upon terms that clarify ordering procedures specific to a participating external procurement activity.

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3) The construction and effect of any participating addendum shall be governed by and construed in accordance with the laws governing the external procurement activity.

4) If an additional term requested by the external procurement activity will result in an increased cost to the Offeror, the Offeror shall adjust its pricing up or down accordingly. d. Prices.

1) Price adjustment. For any costs affecting the percent markup that the Offeror will or will not incur or that differ from costs incurred or not incurred in the fulfillment of this Contract, the Offeror shall adjust its pricing up or down accordingly. These costs may include, but not be limited to:

a) State and local taxes;

b) Unemployment and workers compensation fees;

c) E-commerce transaction fees; and

d) Costs associated with additional terms, established pursuant to this Part I, Section I-32.

2) The Offeror’s pricing for an external procurement activity shall be firm and fixed for the duration of the initial term of the Contract. After the initial term of the Contract, if the Contract is renewed, the Offeror’s pricing may be adjusted up or down based on market conditions only with the mutual agreement of both the Offeror and any external procurement activity. e. Usage Reports on External Procurement Activities. The Offeror shall furnish to the Contracting Officer an electronic quarterly usage report, preferably in spreadsheet format no later than the fifteenth calendar day of the succeeding calendar quarter. Reports shall be e-mailed to the Contracting Officer for the Contract. Each report shall indicate the name and address of the Offeror, contract number, period covered by the report, the name of the external procurement activity that has used the Contract and the total volume of sales to the external procurement activity for the reporting period. f. Electronic Copy of Participating Addendum. The Offeror, upon request of the Contracting Officer, shall submit one electronic copy of the participating addendum to the Contracting Officer within ten days after request.

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PART II

PROPOSAL REQUIREMENTS

Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all Disadvantaged Business and cost data should be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of the following three separately sealed submittals:

a. Technical Submittal, which shall be a response to RFP Part II, Sections II-1 through II-8;

b. Disadvantaged Business Submittal, in response to RFP Part II, Section II-9; and

c. Cost Submittal, in response to RFP Part II, Section II-10.

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified.

II-1. Statement of the Problem. State in succinct terms your understanding of the problem presented or the service required by this RFP.

II-2. Management Summary. Include a narrative description of the proposed effort, a list of the products to be delivered and services to be provided, and an organizational chart for the project team (by lot). Include an organizational chart listing the names and titles of the proposed individuals who will provide the support services requested. Identify all subcontractors you intend to use for this Project and describe the general responsibility each subcontractors will have for this Project

II-3. Work Plan. Describe in narrative form your technical plan for accomplishing the work. Use the task descriptions in Part IV of this RFP as your reference point. Modifications of the task descriptions are permitted; however, reasons for changes should be fully explained. Indicate the number of person hours allocated to each task. Include a Program Evaluation and Review Technique (PERT) or similar type display, time related, showing each event. If more than one

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approach is apparent, comment on why you chose this approach. Indicate which tasks will be performed by subcontractors and identify same.

II-4. Prior Experience. Include experience in supplying IT Hardware equipment including installation, maintenance and supplies. Experience shown should be work done by individuals who will be assigned to this project as well as that of your company. Studies or projects referred to must be identified and the name of the customer shown, including the name, address, and telephone number of the responsible official of the customer, company, or agency who may be contacted. Offerors must include at least three (3) Customer Surveys that are not associated with the Commonwealth of Pennsylvania based on the standard format found in Appendix H.

II-5. Personnel. Include the number of executive and professional personnel, analysts, auditors, researchers, programmers, consultants, etc., who will be engaged in the work. Show where these personnel will be physically located during the time they are engaged in the Project. For key personnel (project managers, service managers, CWOPA’s single point of contact, inside sales leader), include the employee’s name and, through a resume or similar document, the Project personnel’s education and experience in: customer service, outside repair and technical IT sales. Indicate the responsibilities each individual will have in this Project and how long each has been with your company.

II-6. Training. If appropriate, indicate recommended training of agency personnel. Include the agency personnel to be trained, the number to be trained, duration of the program, place of training, curricula, training materials to be used, number and frequency of sessions, and number and level of instructors.

II-7. Financial Capability. Describe your company’s financial stability and economic capability to perform the contract requirements. Provide your company’s Dunn & Bradstreet number, if available; otherwise, provide three (3) years of your company’s financial documents such as audited financial statements or recent tax returns.

II-8. Objections and Additions to Standard Contract Terms and Conditions. The Offeror will identify which, if any, of the terms and conditions (contained in Appendix A) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office’s sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Appendix A. All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offeror’s, or any other, online guides or online terms and conditions contained in any proposal.

Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Appendix A.

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The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Appendix A or to other provisions of the RFP as specifically identified above.

II-9 Disadvantaged Business Submittal. a. Disadvantaged Business Information.

i) To receive credit for being a Small Disadvantaged Business or a Socially Disadvantaged Business or for entering into a joint venture agreement with a Small Disadvantaged Business or for subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), an Offeror must include proof of Disadvantaged Business qualification in the Disadvantaged Business Submittal of the proposal, as indicated below:

1) A Small Disadvantaged Businesses certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate.

2) Small Disadvantaged Businesses certified by the U.S. Small Business Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as an 8(a) or small disadvantaged business must submit proof of U.S. Small Business Administration certification. The owners of such businesses must also submit proof of United States citizenship.

3) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or U.S. Small Business Administration certification as an 8(a) or small disadvantaged business, must attest to the fact that the business has 100 or fewer employees.

4) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification or U.S. Small Business Administration certification as an 8(a) or small disadvantaged business, must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.

ii) All businesses claiming status as a Socially Disadvantaged Business must include in the Disadvantaged Business Submittal of the proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business

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person’s color, ethnic origin or gender. The submitted evidence of prejudice or bias must:

1) Be rooted in treatment that the business person has experienced in American society, not in other countries.

2) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.

3) Indicate that the business person’s experience with the racial or ethnic prejudice or cultural bias has negatively impacted his or her entry into and/or advancement in the business world.

BMWBO shall determine whether the Offeror has established that a business is socially disadvantaged by clear and convincing evidence. iii) In addition to the above verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:

1) The name and telephone number of the Offeror’s project (contact) person for the Small Disadvantaged Business.

2) The business name, address, name and telephone number of the primary contact person for each Small Disadvantaged Business included in the proposal. The Offeror must specify each Small Disadvantaged Business to which it is making commitments. The Offeror will not receive credit for stating that it will find a Small Disadvantaged Business after the contract is awarded or for listing several businesses and stating that one will be selected later.

3) The specific work, goods or services each Small Disadvantaged Business will perform or provide.

4) The estimated dollar value of the contract to each Small Disadvantaged Business.

5) Of the estimated dollar value of the contract to each Small Disadvantaged Business, the percent of the total value of services or products purchased or subcontracted that will be provided by the Small Disadvantaged Business directly.

6) The location where each Small Disadvantaged Business will perform these services.

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7) The timeframe for each Small Disadvantaged Business to provide or deliver the goods or services.

8) The amount of capital, if any, each Small Disadvantaged Business will be expected to provide.

9) The form and amount of compensation each Small Disadvantaged Business will receive.

10) For a joint venture agreement, a copy of the agreement, signed by all parties.

11) For a subcontract, a signed subcontract or letter of intent.

iv) The Offeror is required to submit only one copy of its Disadvantaged Business Submittal. The submittal shall be clearly identified as Disadvantaged Business information and sealed in its own envelope, separate from the remainder of the proposal.

v) The Offeror must include the dollar value of the commitment to each Small Disadvantaged Business in the same sealed envelope with its Disadvantaged Business Submittal. The following will become a contractual obligation once the contract is fully executed:

1) The amount of the selected Offeror’s Disadvantaged Business commitment;

2) The name of each Small Disadvantaged Business; and

3) The services each Small Disadvantaged Business will provide, including the timeframe for performing the services.

vi) A Small Disadvantaged Business can be included as a subcontractor with as many prime Offerors as it chooses in separate proposals.

vii) An Offeror that qualifies as a Small Disadvantaged Business and submits a proposal as a prime Offeror is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors. b. Enterprise Zone Small Business Participation.

i) To receive credit for being an enterprise zone small business or entering into a joint venture agreement with an enterprise zone small business or subcontracting with an enterprise zone small business, an Offeror must include the following information in the Disadvantaged Business Submittal of the proposal:

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1) Proof of the location of the business’ headquarters (such as a lease or deed or Department of State corporate registration), including a description of those activities that occur at the site to support the other businesses in the enterprise zone.

2) Confirmation of the enterprise zone in which it is located (obtained from the local enterprise zone office).

3) Proof of United States citizenship of the owners of the business.

4) Certification that the business employs 100 or fewer employees.

5) Proof that the business’ gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.

6) Documentation of business organization, if applicable, such as articles of incorporation, partnership agreement or other documents of organization. ii) In addition to the above verifications, the Offeror must include in the Disadvantaged Business Submittal of the proposal the following information:

1) The name and telephone number of the Offeror’s project (contact) person for the Enterprise Zone Small Business.

2) The business name, address, name and telephone number of the primary contact person for each Enterprise Zone Small Business included in the proposal. The Offeror must specify each Enterprise Zone Small Business to which it is making commitments. The Offeror will not receive credit for stating that it will find an Enterprise Zone Small Business after the contract is awarded or for listing several businesses and stating that one will be selected later.

3) The specific work, goods or services each Enterprise Zone Small Business will perform or provide.

4) The estimated dollar value of the contract to each Enterprise Zone Small Business.

5) Of the estimated dollar value of the contract to each Enterprise Zone Small Business, the percent of the total value of services or

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products purchased or subcontracted that each Enterprise Zone Small Business will provide.

6) The location where each Enterprise Zone Small Business will perform these services.

7) The timeframe for each Enterprise Zone Small Business to provide or deliver the goods or services.

8) The amount of capital, if any, each Enterprise Zone Small Business will be expected to provide.

9) The form and amount of compensation each Enterprise Zone Small Business will receive.

10) For a joint venture agreement, a copy of the agreement, signed by all parties.

11) For a subcontract, a signed subcontract or letter of intent.

iii) The dollar value of the commitment to each Enterprise Zone Small Business must be included in the same sealed envelope with the Disadvantaged Business Submittal of the proposal. The following will become a contractual obligation once the contract is fully executed:

1) The amount of the selected Offeror’s Enterprise Zone Small Business commitment;

2) The name of each Enterprise Zone Small Business; and

3) The services each Enterprise Zone Small Business will provide, including the timeframe for performing the services.

II-10. Cost Submittal. The information requested in this Part II, Section II-10 shall constitute the Cost Submittal. The Cost Submittal shall be placed in a separate sealed envelope within the sealed proposal, separated from the technical submittal. Offerors should not include any assumptions in their cost submittals. If the Offeror includes assumptions in its cost submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-9, of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office’s written answer so that all proposals are submitted on the same basis.

For the purposes of this RFP, the supply of IT Hardware and related services has been divided into three lots: Lot 1) Desktops, Laptops, Tablet PCs, and Monitors; Lot 2) Rugged Notebooks/Laptops; Lot 3) Thin Clients. If the Offeror cannot provide all of the items listed in a particular lot, then the Offeror is ineligible to propose on that lot.

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II-11. COSTARS Program Questionnaire. Complete and sign the questionnaire regarding the COSTARS program contained in Appendix C of this RFP. Submit the signed questionnaire in the same sealed envelope with the Technical Submittal.

II-12. Domestic Workforce Utilization: Each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offeror(s) who will perform the contracted direct labor exclusively within the geographical boundaries of the United States. Those who propose to perform a portion of the direct labor outside of the United States will receive a correspondingly smaller score for this criterion. Offeror(s) who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form in the same sealed envelope with the Cost Submittal. The certification will be included as a contractual obligation when the contract is executed.

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PART III

CRITERIA FOR SELECTION

III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be:

a. Timely received from an Offeror;

and

b. Properly signed by the Offeror.

III-2. Technical Nonconforming Proposals. The Issuing Office reserves the right, in its sole discretion, to waive technical or immaterial nonconformities in an Offeror’s proposal.

III-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. Independent of the committee, BMWBO will evaluate the Disadvantaged Business Submittal and provide the Issuing Office with a rating for this component of each proposal. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors. The Issuing Office will award a contract only to an Offeror determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Offeror Responsibility Program.

III-4. Criteria for Selection. The following criteria will be used, in order of relative importance from the highest to the lowest weighted factors, in evaluating each proposal:

a. Price: Evaluation will be based upon assessment of the monetary value of the prices. This includes the total cost of ownership as determined by consideration of base equipment prices, value added services and warranty costs.

b. Technical:

i.) Products and Value Added Services: Evaluation will be based upon the actual product models proposed to fulfill the configurations in Appendix E Hardware Requirements and the value added services available to CWOPA as described in Section IV-11.

ii.) Updating Technology while Maintaining Price: Evaluation will be based upon the Offeror's plan for guaranteeing that CWOPA will always contractually buy and lease the latest Standard and High-End technology configurations at the prices obtained for the current Standard and High-End configurations contained in Appendix E – Hardware Requirements.

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iii.) Warranty Services: Evaluation will be based upon the Offeror’s warranty and service program for purchased and leased equipment. This includes the narrative response to the questions in Section IV-7 of the Technical Questionnaire pertaining to servicing claims against the manufacturer's warranty, the Offeror's automated claims tracking system, and the escalation process.

iv.) Demonstrated Effectiveness: Evidence of prior successful experience in working on projects similar in scope and scale to that requested in this solicitation.

v.) Organizational Capacity: Level of technical and professional ability to meet required services. This scoring area will focus on strength of organization and on your response to the project management aspect of this RFP. This criteria will also look at evidence of fiscal stability/staying power that demonstrates long-term stability of your company.

c. Disadvantaged Business Participation: Evaluation will be based upon the following in order of priority:

Priority Rank 1 Proposals submitted by Small Disadvantaged Businesses.

Priority Rank 2 Proposals submitted from a joint venture with a Small Disadvantaged Business as a joint venture partner.

Priority Rank 3 Proposals submitted with subcontracting commitments to Small Disadvantaged Businesses.

Priority Rank 4 Proposals submitted by Socially Disadvantaged Businesses.

Each proposal will be rated for its approach to enhancing the utilization of Small Disadvantaged Businesses and/or Socially Disadvantaged Businesses. Each approach will be evaluated, with Priority Rank 1 receiving the highest score and the succeeding options receiving scores in accordance with the above-listed priority ranking

To the extent that an Offeror qualifies as a Small Disadvantaged Business or a Socially Disadvantaged Business, the Small Disadvantaged Business or Socially Disadvantaged Business cannot enter into subcontract arrangements for more than 40% of the total estimated dollar amount of the contract. If a Small Disadvantaged Business or a Socially Disadvantaged Business subcontracts more than 40% of the total estimated dollar amount of the contract to other Offerors,

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the Disadvantaged Business Participation scoring shall be proportionally lower for that proposal. d. Enterprise Zone Small Business Participation: The following options will be considered as part of the final criteria for selection:

Priority Rank 1 Proposals submitted by an Enterprise Zone Small Business will receive the highest score.

Priority Rank 2 Proposals submitted by a joint venture with an Enterprise Zone Small Business as a joint venture partner will receive the next highest score for this criterion.

Priority Rank 3 Proposals submitted with a subcontracting commitment to an Enterprise Zone Small Business will receive the lowest score for this criterion.

Priority Rank 4 Proposals with no Enterprise Zone Small Business Utilization shall receive no points under this criterion.

To the extent that an Offeror is an Enterprise Zone Small Business, the Offeror cannot enter into contract or subcontract arrangements for more than 40% of the total estimated dollar amount of the contract in order to qualify as an Enterprise Zone Small Business for purposes of this RFP. e. Domestic Workforce Utilization: Each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States. Those who propose to perform a portion of the direct labor outside of the United States will receive a correspondingly smaller score for this criterion. Offerors who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form in the same sealed envelope with the Cost Submittal. The certification will be included as a contractual obligation when the contract is executed.

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PART IV

WORK STATEMENT

IV-1. Objectives.

a. General. This RFP contains instructions governing the proposals to be submitted and the information and documents to be included therein; specifications for IT Hardware which must be met to be eligible for consideration; other requirements to be met by each Offeror; contract terms and conditions; general evaluation criteria; rules for submitting electronic quotes (where appropriate).

b. Specific. CWOPA intends to reduce its overall costs for Desktop Computers, Computers, and Monitors by channeling the volume of CWOPA demand to a few standard configurations (specified in Appendix E-Hardware Requirements). CWOPA plans to increase use of the capabilities of Offeror web sites for contract administration and management information. Finally, CWOPA intends to source these IT Hardware items through a Manufacturer or Reseller to maximize volume leveraging. The Commonwealth intends to purchase the equipment and services in this statement of work as outlined in Lot 1, Lot 2, and Lot 3.

IV-2. Nature and Scope of the Project.

This contract seeks the best prices and delivery available to all executive agencies and locations across the entire Commonwealth.

IV-3. Requirements.

In addition to meeting the individual device specifications set out in Appendix E to this RFP, the following product and service requirements must be met:

a. All items offered by the Offeror must be new. A “new” item is one, which will be used first by the Commonwealth after it is manufactured or produced. Used, remanufactured or reconditioned items are not acceptable. This clause shall not be construed to prohibit Offerors from offering goods, supplies, equipment materials, or printing with recycled content, provided the item is new.

b. All product and service equipment provided must comply with Commonwealth IT Enterprise Architecture/Standards. The Commonwealth IT Enterprise Architecture and Standards reflect a set of principles for information, technology, applications, and organization. These standards provide guidelines, policies, directional statements and sets of standards for information technology. It defines, for the Commonwealth, functional and information needs so that technology choices can be made based on business objectives and service delivery. The Offeror shall stay knowledgeable and shall abide by these standards for all related work resulting from this RFP.

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Weblink: http://www.portal.state.pa.us/portal/server.pt?open=512&objID=416&Pag D=210791&mode=2

c. Compliance with Commonwealth Security Standards.

Software deployment and all Contract services shall abide by security standards as outlined in the Commonwealth’s Enterprise Information Technology Policies.

Weblink: http://www.portal.state.pa.us/portal/server.pt?open=512&objID=416&PageID=210791& mode=2

d. Manuals. Available through download only.

e. Electrical Requirements: The Commonwealth will furnish suitable electrical current to operate equipment. All equipment MUST be UL approved. Any special voltage needed beyond the standard 110v must be indicated.

f. Substitution: If during the term of the contract new equipment becomes available, the Offeror may, with the written approval of the Department of General Services, substitute new equipment if it offers features that are equal to or greater, and at a cost that is equal to or less than, the original equipment. At no time will there be more than one approved machine in each segment band.

g. Emergency Preparedness

To support continuity of operations during an emergency, including a pandemic, the Commonwealth needs a strategy for maintaining operations for an extended period of time. One part of this strategy is to ensure that essential contracts that provide critical business services to the Commonwealth have planned for such an emergency and put contingencies in place to provide needed goods and services.

1. Describe how you anticipate such a crisis will impact your operations. 2. Describe your emergency response continuity of operations plan. Please attach a copy of your plan, or at a minimum, summarize how your plan addresses the following aspects of pandemic preparedness:

• employee training (describe your organization’s training plan, and how frequently your plan will be shared with employees) • identified essential business functions and key employees (within your organization) necessary to carry them out • contingency plans for: o How your organization will handle staffing issues when a portion of key employees are incapacitated due to illness.

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o How employees in your organization will carry out the essential functions if contagion control measures prevent them from coming to the primary workplace. • How your organization will communicate with staff and suppliers when primary communications systems are overloaded or otherwise fail, including key contacts, chain of communications (including suppliers), etc. • How and when your emergency plan will be tested, and if the plan will be tested by a third-party.

Tasks IV-4. Corporate Overview Offerors must provide a brief history and description of their company including but not limited to the following:

A. Facilities – Offerors must indicate number and location of manufacturing, distribution outlets, and support centers, as appropriate.

B. Organization – Offerors must include an organization chart and a thorough narrative describing how the pricing determined in the Price Submittal and subsequent online reverse auction will be supported from senior management down to field technicians, including the use of any wholly owned subsidiaries or subcontractors.

C. Agent Resellers – If Agent Resellers are proposed, Offerors must describe how Agent Resellers are certified, how they are contractually bound to the pricing determined in the Price Submittal and how Agent Reseller sales will be accurately tracked and reported. The Agent Reseller relationships and payments must be managed by the Offeror (Prime Offeror). No payments will be made by CWOPA directly to any Agent Resellers. In summary, the CWOPA relationship to manage the contract will reside at the Prime Offeror level only, and it will be the responsibility of the Prime Offeror to manage all relationships with their selected Agent Resellers.

IV-5. Corporate Experience CWOPA requires Offerors to have prior experience in providing personal computers, laptops, and monitors. CWOPA requires proof of client experience in providing IT Hardware to other client(s) of the same or similar size as CWOPA along with any prior experiences with client(s) belonging to the government sector. Studies or projects referred to should be identified and the name of the customer shown, including the name, address, and telephone number of the responsible official of the customer, company, or agency who may be contacted.

IV-6. Products and Options Overview Offerors must describe their ability to provide and support Products and Services to the various government entities within the State. The narrative to this specification should include, at a minimum, the specific models that will be proposed to fulfill the

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specifications in Appendix E – Hardware Requirements and the options and upgrades available for each model.

IV-7. Maintaining Price with Changing Technology The configurations stated in Appendix E – Hardware Requirements are representations of the technology required at the time this RFP is being written. These configurations will be used to obtain pricing for the aforementioned technology levels. It is required that CWOPA is able to continue paying the price obtained for these technology levels even as the configurations for those levels adjust with changing technology. Simply, this RFP aims to set pricing that will be tied to technology levels for the life of the contract, rather than specific configurations.

Offerors must provide a detailed plan for how they will ensure that CWOPA will continue to receive Standard and High-End technology at the prices obtained from this RFP process as time passes and technology changes.

IV-8. Gartner Group Certification Offerors must, at a minimum, obtain and submit certification that they are a Gartner Group Enterprise or Middle Tier manufacturer.

IV-9. Licensed Operating System The awarded Offeror(s) will procure the license for the operating system (to be specified by CWOPA) for each PC and Laptop from the awarded Offeror (OEM). All drivers and system utilities must be the latest shipping version for the proposed system and all of its proposed components, including the system BIOS. Offerors shall maintain uniformity of all internal parts throughout each configuration. Any component change that is Image impacting the Commonwealth must receive advanced notice. Any variations must be identified in writing and approved in writing by CWOPA.

IV-10. Warranty Services Offerors must provide a complete description of how its organization will meet the warranty requirements as established by CWOPA and described in detail in Appendix G – Warranty Requirements. This description must include detail with respect to the organizational structure, staffing levels, and facility locations. This overview must clearly show how the Offeror will meet the maintenance requirements and response times identified by CWOPA in Appendix G – Warranty Requirements. Offerors need to identify any subcontractors that will be used to perform these services, the options available to CWOPA to participate in the level 1 support certification program, and the Offeror's plan for handling equipment defects, mis-configurations and failures. The Offeror should have an automated tracking system to record warranty/service calls. This system should allow CWOPA to place calls through a web interface or phone and allow the representative to query the system at any time to obtain the detailed reports on the status of warranty/service calls. They must also have an escalation process with a single point of contact. Online tracking of warranty services calls is needed updated with status change notification (i.e. Open/Closed Calls).

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It will be at the Commonwealth’s discretion to elect the value added warranty services on a contract basis.

IV-11. Rollout and Marketing Plan Offerors must submit a typical rollout plan as part of the proposal. At a minimum the response should include the methodology (mailings, meetings, seminars, personal contacts) typically used and tasks typically performed.

The awarded Offeror will meet with CWOPA to review potential technical and logistical issues of the rollout plan. To ensure a timely and satisfactory rollout, the awarded Offeror and CWOPA must jointly agree to a technical rollout strategy and plan.

IV-12. Environmental Programs Offerors must describe their product environmental improvement program in reduction/minimization/avoidance of the use of toxic and hazardous constituents, and the migration to the use of recyclable nontoxic packaging. The proposed equipment must meet or exceed EPEAT Silver requirements.

IV-13. Energy Efficiency Offerors must describe their energy efficiency program(s) by identifying the products that meet Energy Star or other recognized programs for energy efficiency.

IV-14. Value Added Services At a minimum, Offerors must provide individual pricing for the value added services described listed in Part A and described in Part B below into the quoted price of the mandatory specifications in Attachment F. It will be at the Commonwealth’s discretion to elect the value added services on a per order basis. Value added services may be purchased as a bundle or ala carte, according to the needs of the agency.

A) Value-Added Services required for configurations in Appendix E – Hardware Requirements

1. PCs a. Installation b. Asset Tagging c. Imaging (CFI) d. De-installation e. Disk Wipe f. Managed Logistics g. Asset Recovery

2. Laptops/Notebooks a. Installation b. Asset Tagging c. Imaging (CFI) d. De-installation

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e. Disk Wipe f. Managed Logistics g. Asset Recovery

3. Monitors a. Installation b. Asset Tagging c. De-installation d. Managed Logistics e. Asset Recovery

B) Service Details

1. Installation a. Inside delivery is a requirement. Most CWOPA facilities do not have docking/loading bays, especially within urban areas, and most CWOPA facilities do not have storage areas. Thus, rollout installation must occur preferably the same day as delivery, but no more than a week in advance of the planned delivery date. The awarded Offeror must explain a strategy for how they will arrange delivery/storage of equipment to sites without storage facilities to meet the rollout schedule. The awarded Offeror must identify any subcontractors that will be used along with a brief description of the services they will provide. b. The awarded Offeror must provide a complete description of its plans for removing and disposing of all packing material and boxes associated with the proposed equipment. All packing materials, boxes, and de-installed hardware must be removed from the site within one week after the installation has been completed.

2. Asset Tagging The awarded Offeror must affix an Identification Tag Number and CWOPA Agency inventory asset tag to each new PC, Laptop, and Monitor procured. The Identification Tag Number must be readable from WMI. Identification tags must be located such that it is easily accessible/readable by the user. Identification Numbers will be used as a reference for Help Desk calls. Identification numbers, serial numbers, CWOPA Agency inventory asset tag numbers, and associated equipment identification information must be provided to CWOPA Agency in an electronic format, which can be incorporated into existing Equipment Databases. CWOPA Agency will provide database formats to be used by the awarded Offeror.

3. Imaging a. Part of each image will be an Operating System (to be specified by the CWOPA agency), the license of which will be procured from the awarded Offeror, as described in Section IV.9.

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b. The awarded Offeror will assist maintaining CWOPA Agencies’ (if required) custom images that will be used on desktops and laptops. Each agency will have its own image requirements and many agencies will have more than one image to create and maintain. The awarded Offeror must certify the custom images for use with the proposed hardware. c. The awarded Offeror must describe: i. Process to be used for creating and installing the desktop and laptop images. ii. Re-image strategy/process for desktop and laptop rebuilds. iii. Recommended strategy for CWOPA to manage the desktop and laptop images going forward. iv. Describe process whereby images can be updated to support changes to Offeror’s hardware going forward.

4. De-installation (particularly pertaining to leases) a. The awarded Offeror must provide a complete description of its plan for the removal and recycling of the Equipment (Monitors, Laptops, and PCs), which are being replaced by the awarded Offeror. The plan must explain: i. The means by which the equipment will be recycled and identify any subcontractors who will be used to recycle or sell the equipment for CWOPA owned equipment. ii. The means by which the hard drive will be cleaned and the equipment will be returned to the originating vendor for leased equipment. Identify any subcontractors who will be used to remove/return the equipment. iii. The means by which equipment inventory will be performed to ensure a complete and accurate list of all removed equipment. A complete inventory of all removed equipment must be supplied electronically to CWOPA agencies for proper asset tracking and inventory database updates. iv. The awarded Offeror must provide a complete description of its plans for removing and disposing of all packing material and boxes associated with the proposed equipment.

5. Hard Drive Cleaning a. Hard drives that are either defective or at the end of their life (for leases) must be dealt with in one of the following ways – both at no extra cost to CWOPA. This will be the agency’s discretion to keep the hard drive or release it back to the Offeror. i. Offerors must allow CWOPA to keep the defective or leased hard drive for proper disposal and/or cleaning by CWOPA. ii. Offerors must cleanse the hard drive to DOD standards as outlined in CWOPA directives and provide certification to CWOPA on a unit basis that this cleansing has taken place. These certifications must be provided electronically so that they can easily be stored and maintained for auditing purposes. b. This requirement applies to any machine being de-installed as well.

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6. Manufacturer's Warranty Maintenance Please see Appendix G – Warranty Requirements for details. Offerors should thoroughly describe their ability to provide value added services beyond the minimum mandatory services included in Attachment G and explained above. These services might include but are not limited to laptop accidental damage insurance, lockable tower/mini tower cases, security chips, system restore software, data migration services, training and/or related optional services. Responses should not include consulting or any form of application development services.

7. Additional Services Awarded offerors may offer to provide additional related services in conjunction with the equipment items they are offering to supply the Commonwealth under this contract. Services include, but are not limited to: maintenance, training, relocation of equipment and installation. Additionally, other services available can include: i. For such services, the Awarded Offeror and the Using Agency shall negotiate the applicable services and prices and the Agencies will request one written and signed offer from the awarded vendor, which will be attached to the Purchase Order (PO). Agencies requiring these additional services will procure them via a PO in SAP/SRM. These services are over and above the services already built into the equipment bid prices. These Services and their associated prices will not be a factor in bid evaluation and award of the contract; however, offerors may submit a list of services they wish to provide and their costs. If it is not possible to submit pricing, as may be the case with certain installation services, offerors may simply note which services they will provide and the actual price will be negotiated between the Awarded Offerors and the Using Agencies and attached to the PO in the form of a quote from the Offeror. The Commonwealth does however, reserve the right to restrict the services which can be procured under and contract and not to include any services if either the price(s) is (are) unacceptable or services are outside of the acceptable scope of additional services.

IV-15. Transfer of Equipment All shipments shall be freight on board (FOB), delivered, installed and made operational. All deliveries will be made indoors. Product backorders shall be communicated in advance of shipping and substitute/replacements proposed at no additional cost. The Offeror shall provide CWOPA with access to their shipping tracking system to allow CWOPA to identify where orders are the shipping process at any time. All systems shall be shipped complete. Biodegradable/recycled packing material shall be used. All pallets shall be shrink- wrapped. The shipping cartons shall be marked with the manufacturer, item description, serial number, field purchase order number. Since few buildings have

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loading docks, all deliveries shall be coordinated with the customer to ensure indoor delivery to the appropriate floor.

IV-16. Staffing CWOPA requires that a project manager be assigned to oversee the operation of the entire contract. It is expected that the project manager will be available to CWOPA contract officer full-time during the first six (6) months of the contract and thereafter as needed. The project manager will function as the Offeror’s authorized point of contact with CWOPA and must be available to respond promptly and fully to all contract requirements. The project manager’s responsibilities will include, but are not limited to: providing administrative, supervisory, and technical direction to project personnel; monitoring work performance for accuracy, timeliness, efficiency, and adherence to contract requirements; coordinating the resolution of contract problems and the implementation and completion of problem escalation procedures. The project manager must be an employee of the prime Offeror and must be authorized to make binding decisions on behalf of the prime Offeror and all community-based subcontractors. The project manager may not be reassigned during the contract period without the written consent of CWOPA.

The project manager should have a minimum of five (5) years demonstrated experience with increased levels of responsibility. The project manager should have experience managing large-scale projects involving maintenance of a diverse manufacturer equipment base. Additionally, the project manager should have demonstrated effective oral and written communication skills.

The technical support personnel should be properly trained and have the skills required to provide maintenance service for the equipment listed in Appendix E – Hardware Requirements.

CWOPA requires that the Offeror schedule at a minimum (or upon request) monthly meetings with the agencies to address all IT Hardware and Service issues.

IV-17. Web Site Offerors must describe their ability to provide and their commitment to maintain an Internet web site that contains, at a minimum, the complete product and services offered to CWOPA contractually, plus product specifications, configuration aids, leasing payment/amortization rates, service options, and service agreements.

IV-18. Electronic Interface Offerors must thoroughly describe their ability or commitment to accept process and track purchase orders electronically. The ability to provide electronic funds transfer and/or a seamless electronic interface to CWOPA SAP/SRM accounting and procurement system should be thoroughly described. Also, the Offeror needs to submit a monthly or as needed by the respective agency a file to be imported into Remedy Asset Management System.

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IV-19. Confidentiality and Security The awarded Offeror(s) may involve access to confidential and secure data. In the event that access to such data is required, the individual agency will specify the Offeror’s responsibilities, which may include, but are not limited to, employees signing confidentiality statements and documentation of employee background checks. Failure of the Offeror to comply with the confidentiality and security requirements of the Purchase Order may result in default of the Offeror under this contract. In addition, unauthorized access by any employees may result in immediate removal of employees and civil actions or criminal prosecutions.

IV-20. Reports and Project Control

a. Quarterly Reporting Requirements.

All selected Offerors shall provide to the Commonwealth Contract Administrator a quarterly report depicting purchasing volume by the Commonwealth and its using agencies. The report shall include all COSTARS political subdivisions and university purchases as well as for any “piggyback” purchases by other state (non-PA) entities. A consistent reporting mechanism will be required of all Offerors, and shall include (but not be limited to):

1. Summary report of purchases by Cabinet and Department (item description, item number, serial number, subtotals, and totals), including the delivery order history indicating the receipt date of the purchase order, and the delivery date of equipment.

2. Performance Report indicating average delivery time for equipment, percentage of orders that were shipped incorrectly, printer failure rates (‘dead on arrival’), and percentage of delivery orders resulting in backorder items.

3. Usage reports as defined the Commonwealth.

4. Call-Tracking Report for warranty support, which shall include: • Date of initial call, requesting agency, contact person, and nature of call • Date of initial Offeror response • Date and brief explanation of problem closure

5. Customer Satisfaction Report shall depict Offeror performance in the areas of: quality assurance, accuracy of equipment shipped, professionalism, flexibility, competence, timeliness of delivery and response to questions. Offeror shall initiate customer satisfaction surveys indicating Offeror performance. The Commonwealth will determine the format and delivery mode of the survey.

b. Monthly Reporting Requirements:

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1. Response Time, by agency: Use SLA in contract as metric for OTP Required: Agency, Incident Location Street 1, Location Street 2, Location Street 3, City, Zip Code, Model #, Ser #, Problem Summary, Call date & time, Response date & time.

2. Fix Time, by agency: (Can combine with Response Time) from time of trouble call to signed completion of call. Must add: Fix date, time, and Resolution Summary.

3. Repeat calls, by agency: Number of repeat calls totaling 3 or more on a rolling 30-day basis by serial number.

4. General, Monthly Status Report to address all outstanding issues.

c. Web Based Reports:

Offeror shall make web based reports available and updated daily that reflect all the items ordered by Agency/Bureau for any given period.

d. Report Requirements:

1. Report Due Date: The Offeror is to provide all reports no later than 10 days after the end of the applicable reporting period (month or quarter).

2. Report specifications: All reports shall be in Microsoft Excel format. Download all requested reports to one Excel file. Use tabs to define each report. Ensure to label file, report, tabs and cells correctly. Ensure Commonwealth of Pennsylvania and Costars (if applicable) data is segregated and labeled correctly. Reports are to be sent to the Department of General Services.

e. Reports may be added or deleted as required by the Department of General Services.

IV-21. Contract Requirements—Disadvantaged Business Participation and Enterprise Zone Small Business Participation.

All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must also include a provision requiring the selected Offeror to meet and maintain those commitments made to Disadvantaged Businesses and/or Enterprise Zone Small Businesses at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BMWBO. All contracts containing Disadvantaged Business participation and/or Enterprise Zone Small Business participation must include a provision requiring Small Disadvantaged Business subcontractors, Enterprise Zone Small Business subcontractors and Small Disadvantaged

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Businesses or Enterprise Zone Small Businesses in a joint venture to perform at least 50% of the subcontract or Small Disadvantaged Business/Enterprise Zone Small Business participation portion of the joint venture.

The selected Offeror’s commitments to Disadvantaged Businesses and/or Enterprise Zone Small Businesses made at the time of proposal submittal or contract negotiation shall be maintained throughout the term of the contract. Any proposed change must be submitted to BMWBO, which will make a recommendation to the Contracting Officer regarding a course of action.

If a contract is assigned to another Offeror, the new Offeror must maintain the Disadvantaged Business participation and/or Enterprise Zone Small Business participation of the original contract.

The selected Offeror shall complete the Prime Offeror’s Quarterly Utilization Report (or similar type document containing the same information) and submit it to the contracting officer of the Issuing Office and BMWBO within 10 workdays at the end of each quarter the contract is in force. This information will be used to determine the actual dollar amount paid to Small Disadvantaged Business and/or Enterprise Zone Small Business subcontractors and suppliers, and Small Disadvantaged Business and/or Enterprise Zone Small Business participants involved in joint ventures. Also, this information will serve as a record of fulfillment of the commitment the selected Offeror made and for which it received Disadvantaged Business and Enterprise Zone Small Business points. If there was no activity during the quarter then the form must be completed by stating “No activity in this quarter.”

NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE PROOF OF DISADVANTAGED BUSINESSES STATUS OR ENTITLE AN OFFEROR TO RECEIVE CREDIT FOR DISADVANTAGED BUSINESSES UTILIZATION.

Page 36 of 36 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

STANDARD CONTRACT TERMS AND CONDITIONS FOR DEPARTMENT OF GENERAL SERVICES STATEWIDE CONTRACTS FOR SUPPLIES - SAP

1. TERM OF CONTRACT

The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration Date identified in the Contract, subject to the other provisions of the Contract.

The Effective Date shall be: a) the date the Contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained or b) the date referenced in the Special Contract Terms and, Conditions and whichever is later. The Contract shall not be a legally binding contract until after the fully-executed Contract has been sent to the Contractor.

The fully executed Contract shall not contain "ink" signatures by the Commonwealth. The Contractor understands and agrees that the receipt of an electronically-printed Contract with the printed name of the Commonwealth purchasing agent constitutes a binding, valid contract with the Commonwealth. The printed name of the purchasing agent on the Contract represents the signature of that individual who is authorized to bind the Commonwealth to the obligations contained in the Contract. The printed name also represents that all approvals required by Commonwealth contracting procedures have been obtained.

The Contractor shall not start performance until all of the following have occurred: a. the Effective Date has arrived; b. the Contractor has received a copy of the fully-executed Contract; and c. the Contractor has received a purchase order from a Commonwealth agency. The Commonwealth shall not be liable to pay the Contractor for any supply furnished or work performed or expenses incurred before the Effective Date or before the Contractor receives a copy of the fully-executed Contract or before the Contractor has received a purchase order. Except as otherwise provided in Paragraph 3, no Commonwealth employee has the authority to verbally direct the commencement of any work or delivery of any supply under this Contract prior to the Effective Date.

The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the Contract, or any part of the Contract, for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new Contract.

2. ESTIMATED QUANTITIES

It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to purchase only in such quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to purchase items covered under the Contract through a separate procurement procedure, whenever the Department of General Services deems it to be in the best interest of the Commonwealth.

3. PURCHASE ORDERS

Commonwealth agencies may issue purchase orders against the Contract. These orders constitute the Contractor‘s authority to make delivery. All purchase orders received by the Contractor up to and including the expiration date of the Contract are acceptable and must be performed in accordance with the Contract. Contractors are not permitted to accept purchase orders which require performance extended beyond those performance time periods specified in the Contract but in no event longer than ninety (90) days after the expiration date of the Contract period. Each purchase order will be deemed to incorporate the terms and conditions set forth in the Contract.

Purchase orders will not include an "ink" signature by the Commonwealth. The electronically-printed name of the purchaser represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the Contractor to proceed.

1 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

Purchase orders may be issued electronically or through facsimile equipment. The electronic transmission of a purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the purchase order shall constitute receipt of an order. Orders received by the Contractor after 4:00 p.m. will be considered received the following business day.

The Commonwealth and the Contractor specifically agree as follows: a. No handwritten signature shall be required in order for the purchase order to be legally enforceable. b. Upon receipt of an order, the Contractor shall promptly and properly transmit an acknowledgement in return. Any order which is issued electronically shall not give rise to any obligation to deliver on the part of the Contractor, or any obligation to receive and pay for delivered products on the part of the Commonwealth agency, unless and until the Commonwealth agency transmitting the order has properly received an acknowledgement. c. The parties agree that no writing shall be required in order to make the order legally binding, notwithstanding contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine purchase order or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any genuine purchase order or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of genuine purchase orders or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the order or acknowledgement were not in writing or signed by the parties. A purchase order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents. d. Each party will immediately take steps to verify any document that appears to be obviously garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.

Purchase orders under five thousand dollars ($5,000) in total amount may also be made in person or by telephone using a Commonwealth Procurement VISA Card. When an order is placed by telephone, the Commonwealth agency shall provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to accept payment through the use of the Commonwealth Procurement VISA card.

4. INDEPENDENT CONTRACTOR

In performing the obligations required by the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth.

5. COMPLIANCE WITH LAW

The Contractor shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of the Contract.

6. ENVIRONMENTAL PROVISIONS

In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

7. POST-CONSUMER RECYCLED CONTENT

Except as specifically waived by the Department of General Services in writing, any products which are provided to the Commonwealth as a part of the performance of the Contract must meet the minimum percentage levels for total recycled content as specified in Exhibits A-1 through A-8 to these Standard Contract Terms and Conditions.

2 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

8. COMPENSATION/INVOICES

The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Contract. All item(s) shall be delivered within the time period(s) specified in the Contract. The Contractor shall be compensated only for item(s) which are delivered and accepted by the Commonwealth.

Unless otherwise specified or unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or Vendor Self-Invoicing, the Contractor shall send an invoice itemized by purchase order line item to the address referenced on the purchase order promptly after the item(s) are delivered. The invoice should include only amounts due under the purchase order. The purchase order number must be included on all invoices.

9. PAYMENT a. The Commonwealth shall put forth reasonable efforts to make payment by the required payment date. The required payment date is: (a) the date on which payment is due under the terms of the Contract; (b) thirty (30) days after a proper invoice actually is received at the “Bill To” address on the contract purchase order, if a date on which payment is due is not specified in the Contract (a “proper” invoice is not received until the Commonwealth accepts the item(s) as satisfactorily performed); or (c) the payment date specified on the invoice if later than the dates established by (a) and (b) above. Payment may be delayed if the payment amount on an invoice is not based upon the price(s) as stated in the Contract. If any payment is not made within fifteen (15) days after the required payment date, the Commonwealth may pay interest as determined by the Secretary of Budget in accordance with Act No. 266 of 1982 and regulations promulgated pursuant thereto. Payment should not be construed by the Contractor as acceptance of the item(s) furnished by the Contractor. The Commonwealth reserves the right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and to reject the item(s) if such post payment testing or inspection discloses a defect or a failure to meet specifications. The Contractor agrees that the Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth. b. The Commonwealth shall have the option of using the Commonwealth Purchasing Card to make purchases under the Contract. The Commonwealth Purchasing Card is similar to a credit card in that there will be a small fee which the Contractor will be required to pay and the Contractor will receive payment directly from the card issuer rather than the Commonwealth. Any and all fees related to this type of payment are the responsibility of the Contractor. In no case will the Commonwealth allow increases in prices to offset credit card fees paid by the Contractor or any other charges incurred by the Contractor, unless specifically stated in the terms of the Contract.

c. The Commonwealth will make contract payments through Automated Clearing House (ACH).

1) Within 10 days of award of the contract or purchase order, the contractor must submit or must have already submitted their ACH information within their user profile in the Commonwealth’s procurement system (SRM).

2) The contractor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania’s ACH remittance advice to enable the contractor to properly apply the state agency’s payment to the invoice submitted.

3) It is the responsibility of the contractor to ensure that the ACH information contained in SRM is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments. 10. TAXES

The Commonwealth is exempt from all excise taxes imposed by the Internal Revenue Service and has accordingly registered with the Internal Revenue Service to make tax free purchases under Registration No. 2374001-K. With the exception of purchases of the following items, no exemption certificates are required and none will be issued: undyed diesel fuel, tires, trucks, gas guzzler emergency vehicles, and sports fishing equipment. The Commonwealth is also exempt from Pennsylvania state sales tax, local sales tax, public 3 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

transportation assistance taxes and fees and vehicle rental tax. The Department of Revenue regulations provide that exemption certificates are not required for sales made to governmental entities and none will be issued. Nothing in this paragraph is meant to exempt a construction contractor from the payment of any of these taxes or fees which are required to be paid with respect to the purchase, use, rental, or lease of tangible personal property or taxable services used or transferred in connection with the performance of a construction contract.

11. WARRANTY

The Contractor warrants that all item(s) furnished by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. The Contractor shall pass through to the Commonwealth the manufacturer’s warranty for all parts or supplies provided under the Contract. The Contractor shall correct any problem with the service and/or replace any defective part with a part of equivalent or superior quality without any additional cost to the Commonwealth.

12. DELIVERY

All item(s) shall be delivered F.O.B. Destination. The Contractor agrees to bear the risk of loss, injury, or destruction of the item(s) ordered prior to receipt of the items by the Commonwealth. Such loss, injury, or destruction shall not release the Contractor from any contractual obligations. Except as otherwise provided in Paragraph 20, all item(s) must be delivered within the time period specified on the contract purchase order. Time is of the essence and, in addition to any other remedies, the contract purchase order is subject to termination for failure to deliver as specified. Unless otherwise stated by the Contractor in its Bid or indicated in the Special Contract Terms and Conditions, delivery must be made within thirty (30) days after award of the Contract Purchase Order.

13. PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY

The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of the item(s) or the process provided or used in the performance of the purchase order which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or b) any copyrighted matter in any report document or other material provided to the Commonwealth under the purchase order. The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged patent, copyright or trademark infringement in the United States of the item(s) provided or used in the performance of the Contract. This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the Commonwealth at the Contractor’s written request, it shall be at the Contractor’s expense, but the responsibility for such expense shall be only that within the Contractor’s written authorization.

The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses, including attorney’s fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any item(s) provided or used in the performance of the purchase order. If any of the item(s) provided by the Contractor are held in such suit or proceeding to constitute infringement and the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use of such infringement item(s), replace them with noninfringement equal performance item(s) or modify them so that they are no longer infringing. If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the equipment or software which is obtained contemporaneously with the infringing item(s), or, at the option of the Commonwealth, only those items of equipment or software which are held to be infringing, and to pay the Commonwealth: 1) any amounts paid by the Commonwealth towards the item(s) of the product, less straight line depreciation; 2) any license fee paid by the Commonwealth for the use of any software, less a reasonable amount for the period of usage; and 3) the pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for. The obligations of the Contractor under this paragraph continue without time limit. No costs or expenses shall be incurred for the account of the Contractor without its written consent.

4 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

14. OWNERSHIP RIGHTS

The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or material, and any software or modifications and any associated documentation that is designed or developed and delivered to the Commonwealth as part of the performance of the Contract.

15. ASSIGNMENT OF ANTITRUST CLAIMS

The Contractor and the Commonwealth recognize that in actual economic practice, overcharges by the Contractor’s suppliers resulting from violations of state or federal antitrust laws are in fact borne by the Commonwealth. As part of the consideration for the award of the Contract, and intending to be legally bound, the Contractor assigns to the Commonwealth all right, title and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the supplies and services which are the subject of the Contract.

16. HOLD HARMLESS PROVISION

The Contractor shall hold the Commonwealth harmless from and indemnify the Commonwealth against any and all claims, demands and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Commonwealth, defend any and all actions brought against the Commonwealth based upon any such claims or demands.

17. AUDIT PROVISIONS

The Commonwealth shall have the right, at reasonable times and at a site designated by the Commonwealth, to audit the books, documents and records of the Contractor to the extent that the books, documents and records relate to costs or pricing data for the Contract. The Contractor agrees to maintain records which will support the prices charged and costs incurred for the Contract.

The Contractor shall preserve books, documents, and records that relate to costs or pricing data for the Contract for a period of three (3) years from date of final payment. The Contractor shall give full and free access to all records to the Commonwealth and/or their authorized representatives.

18. INSPECTION AND REJECTION

No item(s) received by the Commonwealth shall be deemed accepted until the Commonwealth has had a reasonable opportunity to inspect the item(s). Any item(s) which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the Commonwealth shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale which represents the Commonwealth’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately replace all such rejected item(s) with others conforming to the specifications and which are not defective. If the Contractor fails, neglects or refuses to do so, the Commonwealth shall then have the right to procure a corresponding quantity of such item(s), and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in the Contract and the actual cost thereof to the Commonwealth.

19. DEFAULT a. The Commonwealth may, subject to the provisions of Paragraph 20, Force Majeure, and in addition to its other rights under the Contract, declare the Contractor in default by written notice thereof to the Contractor, and terminate (as provided in Paragraph 21, Termination Provisions) the whole or any part of this Contract including a purchase order, for any of the following reasons:

1) Failure to deliver the awarded item(s) within the time specified in the Contract or contract purchase order or as otherwise specified;

2) Improper delivery; 5 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

3) Failure to provide an item(s) which is in conformance with the specifications referenced in the Invitation For Bids;

4) Delivery of a defective item;

5) Failure or refusal to remove and replace any item(s) rejected as defective or nonconforming within fifteen (15) days after notification;

6) Insolvency or bankruptcy;

7) Assignment made for the benefit of creditors;

8) Failure to protect, to repair, or to make good any damage or injury to property; or

9) Breach of any provision of this Contract. b. In the event that the Commonwealth terminates this Contract in whole or in part as provided in Subparagraph a. above, the Commonwealth may procure, upon such terms and in such manner as it determines, on item(s) similar or identical to those so terminated, and the Contractor shall be liable to the Commonwealth for any reasonable excess costs for such similar or identical item(s) included within the terminated part of the Contract. c. If the Contract is terminated in whole or in part as provided in Subparagraph a. above, the Commonwealth, in addition to any other rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Commonwealth in the manner and to the extent directed by the Department of General Services, such partially manufactured or delivered item(s) as the Contractor has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Except as provided below, payment for any partially manufactured or delivered item(s) accepted by the Commonwealth shall be in an amount agreed upon by the Contractor and the Commonwealth. The Commonwealth may withhold from amounts otherwise due the Contractor for such partially manufactured or delivered item(s), such sum as the Commonwealth determines to be necessary to protect the Commonwealth against loss. d. The rights and remedies of the Commonwealth provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. e. The Commonwealth’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default. f. Following exhaustion of the Contractor’s administrative remedies as set forth in Paragraph 22, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims.

20. FORCE MAJEURE

Neither party will incur any liability to the other if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes.

The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state whether performance under the contract is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may reasonably request. After receipt of such notification, the Commonwealth may elect

6 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

either to cancel the Contract or to extend the time for performance as reasonably necessary to compensate for the Contractor’s delay.

In the event of a declared emergency by competent governmental authorities, the Commonwealth by notice to the Contractor, may suspend all or a portion of the Contract.

21. TERMINATION PROVISIONS

The Commonwealth has the right to terminate this Contract for any of the following reasons. Termination shall be effective upon written notice to the Contractor. a. TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate the Contract or a purchase order for its convenience if the Commonwealth determines termination to be in its best interest. The Contractor shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Contractor be entitled to recover loss of profits. b. NON-APPROPRIATION: The Commonwealth’s obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the Commonwealth shall have the right to terminate the Contract or purchase order. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract or purchase order. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose. c. TERMINATION FOR CAUSE: The Commonwealth shall have the right to terminate the Contract for Contractor default under Paragraph 19, Default, upon written notice to the Contractor. The Commonwealth shall also have the right, upon written notice to the Contractor, to terminate the Contract or a purchase order for other cause as specified in this Contract or by law. If it is later determined that the Commonwealth erred in terminating the Contract or a contract purchase order for cause, then, at the Commonwealth’s discretion, the Contract shall be deemed to have been terminated for convenience under the Subparagraph 21.a.

22. CONTRACT CONTROVERSIES a. In the event of a controversy or claim arising from the Contract, the Contractor must, within six months after the cause of action accrues, file a written claim with the contracting officer for a determination. The claim shall state all grounds upon which the Contractor asserts a controversy exists. If the Contractor fails to file a claim or files an untimely claim, the Contractor is deemed to have waived its right to assert a claim in any forum. b. The contracting officer shall review timely-filed claims and issue a final determination, in writing, regarding the claim. The final determination shall be issued within 120 days of the receipt of the claim, unless extended by consent of the contracting officer and the Contractor. The contracting officer shall send his/her written determination to the Contractor. If the contracting officer fails to issue a final determination within the 120 days (unless extended by consent of the parties), the claim shall be deemed denied. The contracting officer's determination shall be the final order of the purchasing agency. c. Within fifteen (15) days of the mailing date of the determination denying a claim or within 135 days of filing a claim if, no extension is agreed to by the parties, whichever occurs first, the Contractor may file a statement of claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed diligently with the performance of the Contract in a manner consistent with the determination of the contracting officer and the Commonwealth shall compensate the Contractor pursuant to the terms of the Contract.

23. ASSIGNABILITY AND SUBCONTRACTING a. Subject to the terms and conditions of this Paragraph 23, the Contract shall be binding upon the parties and their respective successors and assigns. 7 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

b. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under the Contract without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. c. The Contractor may not assign, in whole or in part, the Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. d. Notwithstanding the foregoing, the Contractor may, without the consent of the Department of General Services, assign its rights to payment to be received under the Contract or a contract purchase order, provided that the Contractor provides written notice of such assignment to the Buyer and the ordering Commonwealth agency together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of the Contract. e. For the purposes of the Contract, the term “assign” shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company. f. Any assignment consented to by the Department of General Services shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned. g. A change of name by the Contractor, following which the Contractor’s federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give the Buyer written notice of any such change of name.

24. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, Contractor agrees as follows: a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor or any person acting on behalf of the Contractor or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or color. c. The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform its employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. d. The Contractor shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the contract relates. e. The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the contracting officer and the Department of General Services' Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting officer or the Bureau of Contract Administration and Business Development.

8 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

f. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor. g. The Commonwealth may cancel or terminate the Contract, and all money due or to become due under the Contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

25. CONTRACTOR INTEGRITY PROVISIONS a. For purposes of this clause only, the words “confidential information,” “consent,” “contractor,” “financial interest,” and “gratuity” shall have the following definitions.

1) Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

2) Consent means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of execution of this agreement.

3) Contractor means the individual or entity that has entered into the Contract with the Commonwealth, including directors, officers, partners, managers, key employees and owners of more than a five percent interest.

4) Financial interest means:

a) Ownership of more than a five percent interest in any business; or

b) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

5) Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. b. The Contractor shall maintain the highest standards of integrity in the performance of the Contract and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth. c. The Contractor shall not disclose to others any confidential information gained by virtue of the Contract. d. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly, or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth. e. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Commonwealth. f. Except with the consent of the Commonwealth, neither the Contractor nor anyone in privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under the Contract except as provided therein. g. Except with the consent of the Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

9 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

h. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Commonwealth in writing. i. The Contractor, by execution of the Contract and by the submission of any bills or invoices for payment pursuant thereto, certifies, and represents that he or she has not violated any of these provisions. j. The Contractor, upon the inquiry or request of the Inspector General of the Commonwealth or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refers to or concern the Contract. Such information shall be retained by the Contractor for a period of three years beyond the termination of the Contract unless otherwise provided by law. k. For violation of any of the above provisions, the Commonwealth may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

26. CONTRACTOR RESPONSIBILITY PROVISIONS a. The Contractor certifies, for itself and all its subcontractors, that as of the date of its execution of the bid/contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made. b. The Contractor must also certify, in writing, that as of the date of its execution of the bid/contract, it has no tax liabilities or other Commonwealth obligations. c. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment. d. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth. e. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment. f. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us or contacting the:

Department of General Services Office of Chief Counsel 603 North Office Building 10 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

Harrisburg, PA 17125 Telephone No. (717) 783-6472 FAX No. (717) 787-9138

27. AMERICANS WITH DISABILITIES ACT a. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in this Contract or from activities provided for under this Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors. b. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.

28. HAZARDOUS SUBSTANCES

The Contractor shall provide information to the Commonwealth about the identity and hazards of hazardous substances supplied or used by the Contractor in the performance of the Contract. The Contractor must comply with Act 159 of October 5, 1984, known as the “Worker and Community Right to Know Act” (the “Act”) and the regulations promulgated pursuant thereto at 4 Pa. Code Section 301.1 et seq. a. Labeling. The Contractor shall insure that each individual product (as well as the carton, container or package in which the product is shipped) of any of the following substances (as defined by the Act and the regulations) supplied by the Contractor is clearly labeled, tagged or marked with the information listed in Paragraph (1) through (4):

1) Hazardous substances:

a) The chemical name or common name,

b) A hazard warning, and

c) The name, address, and telephone number of the manufacturer.

2) Hazardous mixtures:

a) The common name, but if none exists, then the trade name,

b) The chemical or common name of special hazardous substances comprising .01% or more of the mixture,

c) The chemical or common name of hazardous substances consisting 1.0% or more of the mixture,

d) A hazard warning, and

e) The name, address, and telephone number of the manufacturer.

3) Single chemicals:

a) The chemical name or the common name,

b) A hazard warning, if appropriate, and

c) The name, address, and telephone number of the manufacturer.

11 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

4) Chemical Mixtures:

a) The common name, but if none exists, then the trade name,

b) A hazard warning, if appropriate,

c) The name, address, and telephone number of the manufacturer, and

d) The chemical name or common name of either the top five substances by volume or those substances consisting of 5.0% or more of the mixture.

A common name or trade name may be used only if the use of the name more easily or readily identifies the true nature of the hazardous substance, hazardous mixture, single chemical, or mixture involved.

Container labels shall provide a warning as to the specific nature of the hazard arising from the substance in the container.

The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings, and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:

• NFPA 704, Identification of the Fire Hazards of Materials.

• National Paint and Coatings Association: Hazardous Materials Identification System.

• American Society for Testing and Materials, Safety Alert Pictorial Chart.

• American National Standard Institute, Inc., for the Precautionary Labeling of Hazardous Industrial Chemicals.

Labels must be legible and prominently affixed to and displayed on the product and the carton, container, or package so that employees can easily identify the substance or mixture present therein. b. Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets (MSDS) with the information required by the Act and the regulations for each hazardous substance or hazardous mixture. The Commonwealth must be provided an appropriate MSDS with the initial shipment and with the first shipment after an MSDS is updated or product changed. For any other chemical, the contractor shall provide an appropriate MSDS, if the manufacturer, importer, or supplier produces or possesses the MSDS. The contractor shall also notify the Commonwealth when a substance or mixture is subject to the provisions of the Act. Material Safety Data Sheets may be attached to the carton, container, or package mailed to the Commonwealth at the time of shipment.

29. COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract purchase order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commonwealth shall have the right to terminate the contract purchase order without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

30. APPLICABLE LAW

The Contract shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not

12 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

31. INTEGRATION

The RFQ - Invitation For Bids form and the Contract form, including all documents referenced on the forms, as well as the purchase orders constitute the entire agreement between the parties. No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Contract, which is any way can be deemed to modify add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties or by a change order signed by the Commonwealth. All such amendments and change orders will be made using the appropriate Commonwealth form.

32. CHANGES

The Commonwealth reserves the right to make changes at any time during the term of the Contract or any renewals or extensions thereof: 1) to increase or decrease the quantities resulting from variations between any estimated quantities in the Contract and actual quantities; 2) to make changes to the supply within the scope of the Contract; 3) to exercise an option to purchase or early payment option; 4) to notify the Contractor that the Commonwealth is exercising any Contract renewal or extension option; or 5) to modify the time of performance that does not alter the scope of the Contract to extend the completion date beyond the Expiration Date of the Contract or any renewals or extensions thereof. Any such change shall be made by: a. the contracting officer shown on the Contract form, or b. the agency contracting officer for changes to purchase orders, by notifying the Contractor in writing. The change shall be effective as of the date of the notification of change, unless the change specifies a later effective date. Such increases, decreases, changes, modifications or exercises of purchase options will not invalidate the Contract, nor, if performance security is being furnished in conjunction with the Contract, release the security obligation. The Contractor agrees to provide the supply in accordance with the change. Any dispute by the Contractor in regard to the performance required by any notification of change shall be handled through Paragraph 22, “Contract Controversies”.

13 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-1 CONSTRUCTION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All construction products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

% of Post- % of Total Consumer Recovered Construction Products Material Materials Materials Structural Fiberboard Recovered Materials - 80 Laminated Paperboard Post-consumer Paper 100 - Rock Wool Insulation Slag - 75 Fiberglass Insulation Glass Cullet - 20 Cellulose Insulation (loose-fill and spray-on) Post-consumer Paper 75 - Perlite Composite Board Insulation Post-consumer Paper 23 - Plastic Rigid Foam, Polyisocyanurate/ Recovered Material - 9 Polyurethane: Rigid Foam Insulation Foam-in-Place Insulation Recovered Material - 5 Glass Fiber Reinforced Insulation Recovered Material - 6 Phenolic Rigid Foam Insulation Recovered Material - 5 Floor Tiles (heavy duty/commercial use) Rubber 90 - Plastic - 90 Patio Blocks Rubber or Rubber Blends 90 - Plastic or Plastic Blends - 90 Polyester Carpet Fiber Face Polyethylene terephthalate (PET) 25 - resin Latex Paint: --Consolidated1 Recovered Material 100 - --Reprocessed2 -----White, Off-White, Pastel Colors Recovered Material 20 ------Grey, Brown, Earthtones, and Recovered Material 50 - Other Dark Colors Shower and Restroom Dividers/Partitions: Plastic 20 - Steel4 16 9 67 33 Carpet Cushion: --Bonded Polyurethane Old Carpet Cushion 15 - --Jute Burlap 40 - --Synthetic Fibers Carpet Fabrication Scrap - 100 --Rubber Tire Rubber 60 - Railroad Grade Crossing Surfaces --Concrete Coal Fly Ash - 15 --Rubber3 Tire Rubber - 85 --Steel4 Steel 16 9 67 33

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1 Consolidated latex paint used for covering graffiti, where color and consistency of performance are not primary concerns. 2 Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceiling, and trim; gutterboards; and concrete, stucco, masonry, wood, and metal surfaces.

3The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials, exclusive of any additives such as binders or additives 4 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 14 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/MIll Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary evidence that the construction product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

15 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-2 VEHICULAR PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Vehicular Product Requirements

Re-Refined Oil 25% re-refined oil base stock for engine lubricating oils, hydraulic fluids, and gear oils.

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Re-refined oil” is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be detected between re-refined and virgin oil.

(B) BIDDER’S CERTIFICATION

Bidder certifies that the vehicular product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE REFERENCED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary evidence that the vehicular product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

16 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-3 PAPER PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer content as shown below for the applicable products: Post-Consumer Content Item Notes (%)

Printing and Writing Papers

Reprographic Business papers such as bond, electrostatic, 30 copy, mimeo, duplicator and reproduction

Offset Used for book publishing, commercial 30 printing, direct mail, technical documents, and manuals

Tablet Office paper such as note pads and 30 notebooks

Forms bond Bond type papers used for business forms 30 such as continuous, cash register, sales book, unit sets, and computer printout, excluding carbonless

Envelope Wove 30 Kraft, white and colored (including manila) 10 Kraft, unbleached 10 Excludes custom envelopes

Cotton fiber High-quality papers used for stationery, 30 invitations, currency, ledgers, maps, and other specialty items

Text and cover Premium papers used for cover stock, 30 books, and stationery and matching envelopes

Supercalendered Groundwood paper used for advertising 10 and mail order inserts, catalogs, and some magazines

Machine finished groundwood Groundwood paper used in magazines and 10 catalogs

Papeteries Used for invitations and greeting cards 30

Check safety Used in the manufacture of commercial 10 and government checks

Coated Used for annual reports, posters, brochures, 10 and magazines. Have gloss, dull, or matte finishes

Carbonless Used for multiple-impact copy forms 30

File folders Manila or colored 30

Dyed filing products Used for multicolored hanging folders and 20 wallet files

Index and card stock Used for index cards and postcards 20

Pressboard High-strength paperboard used in binders 20 and report covers

17 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

Tags and tickets Used for toll and lottery tickets, licenses, and 20 identification and tabulating cards Newsprint

Newsprint Groundwood paper used in newspapers 20 Commercial Sanitary Tissue Products

Bathroom tissue Used in rolls or sheets 20

Paper towels Used in rolls or sheets 40

Paper napkins Used in food service applications 30

Facial tissue Used for personal care 10

General-purpose Used in cleaning and wiping applications 40 industrial wipers Paperboard and Packaging Products

Corrugated containers Used for packaging and shipping a variety of goods (<300 psi) 25 (300 psi) 25 40 Solid fiber boxes Used for specialized packaging needs such as dynamite packaging and army ration boxes Folding cartons Used to package a wide variety of foods, 40 household products, cosmetics, pharmaceuticals, detergent, and hardware

Industrial paperboard 45 Used to create tubes, cores, cans and drums Miscellaneous 75 Includes “chipboard” pad backings, book covers, covered binders, mailing tubes, game boards, and puzzles

Padded mailers Made from kraft paper that is usually brown 5 but can be bleached white

Carrierboard A type of folding carton designed for 10 multipack beverage cartons

Brown papers Used for bags and wrapping paper 5

Miscellaneous Paper Products

Tray liners Used to line food service trays. Often 50 contain printed information.

“Post-consumer” content is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part of the broader category of recovered material.”

The Commonwealth of Pennsylvania recognizes that paper products are universally made with scrap material recovered from the manufacturing process; use of such materials is a standard practice, both efficient and economical for the paper maker; therefore, bidders of paper products need not certify that their products are made with “pre- consumer,” “recovered.” or “secondary” paper fiber.

18 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of post-consumer content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a mill certification must be completed and signed by the mill before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.

19 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-4 LANDSCAPING PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Landscaping Products Recovered Material Content

Hydraulic Mulch: ------Paper 100% (post-consumer) ------Wood/Paper 100% (total)

Compost Made From Purchase or use compost made from yard trimmings, leaves, grass Yard Trimmings and/or clippings and/or food wastes for applications such as landscaping, Food Waste seeding of grass or other plants, as nutritious mulch under trees and shrubs, and in erosion control and soil reclamation. DGS further recommends implementing a composting system for these materials when agencies have an adequate volume and sufficient space.

Garden Hose: ------Rubber and/or Plastic 60% (post-consumer)

Soaker Hose: ------Rubber and/or Plastic 60% (post-consumer)

Lawn and Garden Edging: ------Rubber and/or Plastic 30% (post-consumer)/30-100% (total)

Landscaping Timber and Posts: ------HDPE 25% (post-consumer) + 50% (recovered) ------Mixed Plastics/Sawdust 50% (post-consumer) + 50% (recovered) ------HDPE/Fiberglass 75% (post-consumer) + 20% (recovered) ------Other mixed Resins 50% (post-consumer) + 45% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary evidence that the landscaping product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

20 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-5 MISCELLANEOUS PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All miscellaneous products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Miscellaneous Products Recovered Material Content Awards and Plaques ------Glass 75% (post-consumer) + 25% (recovered) ------Wood 100% (total) ------Paper 40% (post-consumer) ------Plastic and Plastic/Wood Composites 50% (post-consumer) + 45% (recovered) Industrial Drums ------Steel1 16% (post-consumer) + 9% (recovered) ------Plastic (HDPE) 30% (post-consumer) ------Fiber (paper) 100% (post-consumer) Mats ------Rubber 75% (post-consumer) +10% (recovered) ------Plastic 10% (post-consumer) + 90% (recovered) ------Rubber/Plastic Composite 100% (post-consumer) Pallets ------Wood 95% (post-consumer) ------Plastic 100% (post-consumer) ------Thermoformed 25% (post-consumer) ------Paperboard 50% (post-consumer) Signage ------Plastic 80% (post-consumer) ------Aluminum 25% (post-consumer) ------Plastic Sign Posts/Supports 80% (post-consumer) ------Steel Sign Posts/Supports2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Sorbents ------Paper 90% (post-consumer) +10% (recovered) ------Textiles 95% (post-consumer) ------Plastics 25% (total) ------Wood3 100% (total) ------Other Organics/Multimaterials4 100% (total) Manual-Grade Strapping ------Polyester 50% (post-consumer) ------Polypropylene 10% (total) ------Steel2 16% (post-consumer) +9% (recovered) 67% (post-consumer) +33% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1Steel used in steel drums is manufactured using the Basic Oxygen Furnace (BOF) process, which contains 25-30% total recovered material, of which 16% is post-consumer steel. Steel used in manual-grade strapping is manufactured using either the BOF process or the Electric Arc Furnace (EAF) process, which contains 100% total recovered materials, of which 67% is post-consumer steel. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 3 “Wood” includes materials such as sawdust and lumber mill trimmings. 4 Examples of other organics include, but are not limited to, peanut hulls and corn stover. An example of multimaterial sorbents would include, but not be limited to, a polymer and cellulose fiber combination. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 21 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary evidence that the miscellaneous product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

22 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-6 NONPAPER OFFICE PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All nonpaper office products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Recovered Material Content Nonpaper Office Product Recycling Containers and Waste Receptacles: ------Plastic 20% (post-consumer) ------Steel1 16% (post-consumer) +9% (recovered) ------Paper ------Corrugated 25% (post-consumer) ------Solid Fiber Boxes 40% (post-consumer) ------Industrial Paperboard 40% (post-consumer) + 60% (recovered)

Plastic Desktop Accessories (polystyrene) including desk 25% (post-consumer) organizers, sorters, and trays, and memo, note, and pencil holders.

Binders: ------Plastic-Covered 25% ------Paper-Covered 75% (post-consumer) +15% (recovered) ------Pressboard 20% (post-consumer) + 30% (recovered) ------Solid Plastic ------HDPE 90% (post-consumer) ------PE 30% (post-consumer) ------PET 100% (post-consumer) ------Misc. Plastics 80% (post-consumer)

Trash Bags (plastic) 10% (post-consumer)

Toner Cartridges Return used toner cartridges for remanufacturing and reuse or purchase a remanufactured or recycled-content replacement cartridge.

Printer Ribbons Procure printer ribbon reinking or reloading services or procure reinked or reloaded printer ribbons.

Plastic Envelopes 25% (post-consumer)

Plastic Clipboards: ------HDPE 90% (post-consumer) ------PS 50% (post-consumer) ------Misc. Plastics 15% (post-consumer)

Plastic File Folders ------HDPE 90% (post-consumer)

Plastic Clip Portfolios ------HDPE 90% (post-consumer)

Plastic Presentation Folders ------HDPE 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

1 The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is made from steel manufactured from in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. 23 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the nonpaper office products which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the nonpaper office product(s) were in fact produced with the required minimum percentage of post- consumer and recovered material content.

24 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-7 PARK & RECREATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Park & Recreation Product Recovered Material Content1 Park Benches & Picnic Tables: -----Plastic2 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 50% (recovered) -----Aluminum 25% (post-consumer) -----Concrete 15% (total) -----Steel3 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Plastic Fencing for Specified Uses4 60% (post-consumer) + 30% (recovered) Playground Equipment -----Plastic3 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 45% (recovered) -----Steel4 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Aluminum 25% (post-consumer) Playground Surfaces: -----Plastic or Rubber 90% (post-consumer) Running Tracks: -----Plastic or Rubber 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the park and recreational product(s), to provide the Commonwealth with documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 “Plastic” includes both single and mixed plastic resins. Park benches and picnic tables made with recovered plastic may also contain other recovered materials such as sawdust, wood, or fiberglass. The percentage of these materials contained in the product would also count toward the recovered materials content level of the item. 3 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (AF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 4 Designation includes fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications. 25 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-8 TRANSPORTATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All transportation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Transportation Products Recovered Material Content1

Traffic Cones: -----Plastic (PVC and LDPE) 50% (recovered) -----Crumb Rubber 50% (recovered) Traffic Barricades (type I and II only): -----Plastic (HDPE, LDPE, PET) 80% (post-consumer) + 20% (recovered) -----Steel2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Fiberglass 100% (recovered) Parking Stops: -----Plastic and/or Rubber 100% (recovered) -----Concrete Containing Coal Fly Ash 20% (recovered) 15% when used as a partial cement replacement as an admixture in concrete. -----Concrete Containing Ground 25% (recovered) Granulated Blast Furnace Slag Traffic Control Devices: -----Channelizers: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Delineators: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Steel (base only)2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Flexible Delineators 25% (post-consumer) “Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the transportation product(s), to provide the Commonwealth with documentary evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 Content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 26 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

MANUFACTURER/MILL CERTIFICATION

(To be submitted with invoice for each order)

TO BE COMPLETED BY MANUFACTURER/MILL:

NAME OF MANUFACTURER/MILL:______

ADDRESS OF MANUFACTURER/MILL: ______

FEDERAL EMPLOYER I.D. NO.: ______

CONTRACT OR REQUISITION NO. ______

NAME OF CONTRACTOR: ______

ADDRESS OF CONTRACTOR:______

Type of product(s) which the manufacturer/mill furnished to the contractor: ______

______

______

CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill, do hereby certify that I am authorized to provide this certification on behalf of the above-named manufacturer/mill and that the type of product(s) listed above which my company furnished to the contractor named above for the referenced contract or purchase requisition, contained not less than ______% post-consumer materials and ______% recovered materials as those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

______Signature

______Name of Signatory

______Title Date

27

APPENDIX B DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

Each proposal will be scored for its commitment to use the domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States. Those who propose to perform a portion of the direct labor outside of the United States will receive a correspondingly smaller score for this criterion.

In order to be eligible for any consideration for this criterion, offerors must complete and sign the following certification. This certification will be included as a contractual obligation when the contract is executed. Failure to complete and sign this certification will result in no consideration being given to the offeror for this criterion.

I, ______[title] of ______[name of Offeror] a ______[place of incorporation] corporation or other legal entity, (“Offeror”) located at ______[address], having a Social Security or Federal Identification Number of ______, do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Check one of the boxes below):

 All of the direct labor performed within the scope of services under the contract will be performed exclusively within the geographical boundaries of the United States.

OR  ______percent (_____%) [Offeror must specify the percentage] of the direct labor performed within the scope of services under the contract will be performed within the geographical boundaries of the United States. Please identify the direct labor performed under the contract that will be performed outside the United States: ______[Use additional sheets if necessary]

The Department of General Services [or other purchasing agency] shall treat any misstatement as fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes.

Attest or Witness: ______Corporate or Legal Entity's Name

______Signature/Date Signature/Date

______Printed Name/Title Printed Name/Title

APPENDIX C

COSTARS PROGRAM QUESTIONNAIRE

If your firm is awarded a Contract, does it agree to sell/provide the awarded items/services at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to registered COSTARS Purchasers who elect to participate in the contract? Please Answer: YES ______NO ______

______Corporate or Legal Entity Name

______Signature/Date

______Printed Name/Title

APPENDIX D - PROPOSAL COVER SHEET COMMONWEALTH OF PENNSYLVANIA Department of General Services RFP# CN00027699

Enclosed in three separately sealed submittals is the proposal of the Offeror identified below for the above-referenced RFP:

Offeror Information:

Offeror Name Offeror Mailing Address

Offeror Website Offeror Contact Person Contact Person’s Phone Number Contact Person’s Facsimile Number Contact Person’s E-Mail Address Offeror Federal ID Number

Submittals Enclosed and Separately Sealed:

Technical Submittal Disadvantaged Business Submittal Cost Submittal

Signature

Signature of an official authorized to bind the Offeror to the provisions contained in the Offeror’s proposal: Printed Name Title

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFEROR’S PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR’S PROPOSAL

Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Standard PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet Supplier Response - How does the Minimum Requirements for Standard PC Criteria Explanation Requirements Supplier Notes this requirement product meet the requirement? (Yes/No)? Form Factor Mid -Tower Mandatory ® ® Dual Core Processor (1.60GHz, 1M, Mandatory 800MHz FS) Memory: 2.0GB,Non-ECC,667MHz DDR 2x1GB (4 Slots) Mandatory Keyboard: USB Enhanced Multimedia Keyboard Mandatory Monitor Flat Panel Display,22 inch (Wide Screen) Mandatory Operating System: Windows XP PRO SP2 with Windows Vista Business Mandatory License XP IMAGE Hard Drive: 160GB SATA 3.0Gb/s and 8MB Data Burst Mandatory (7200 RPMs) Graphics Card Integrated Video 256 MB (Direct 9x capable) Mandatory Mouse: 2-Button Optical Mouse with Scroll Mandatory NIC: Gigabit4 LOM compatiable with Mandatory Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory Sound Card: Integrated Sound Mandatory Speaker Internal Audio Speaker Mandatory PCI Slots 2 PCI Slots Mandatory

I/O Ports 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA, 1xSerial, 1xParallel, 1x PS/2 Port, 1xRJ-45, Audio in/out, Mic EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandaroty

Appendix E - Hardware Requirements STANDARD DESKTOP PC_Lot 1 7/14/2008 Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard High End PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for High End P/C Supplier Response - Does Supplier Notes the product meet this Supplier Response - How does the Criteria Explanation Requirements requirement (Yes/No)? product meet the requirement? Form Factor Tower Processor Intel® Pentium® Dual Core PC Processor 2.4 GHz, 1066, FSB, 2MB L2 Mandatory DC/VT Memory: 2GB, 800MHz, DDR2 SDRAM Memory, 2X1GB Mandatory Keyboard: USB Enhanced Multimedia English Keyboard Mandatory Monitor: Flat Panel Display,22 VIS (Wide Screen) Mandatory Operating System: Mandatory Windows XP PRO SP2 with Windows Vista Business License XP IMAGE Hard Drive: 160GB SATA 3.0Gb/s with NCQ and 8MB DataBurst Cache Mandatory Mouse: USB 2-Button Optical Mouse with Scroll Mandatory NIC: 1 Gigabit4 LOM compatiable with Power Management Mandatory Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory Sound Card Integrated Sound Speakers: Internal Audio Speaker Mandatory 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA, 1xSerial, 1xParallel, 1x PS/2 I/O Ports Port, 1xRJ-45, Audio in/out, Mic EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory RAID Configuration: 01 Capable Mandatory

Appendix E - Hardware Requirements HIGH END DESKTOP PC_Lot 1 7/14/2008 Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for Standard the product meet this Supplier Response - How does the product meet Supplier Notes Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Mandatory Intel® Pentium® Dual Core Processor , 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Memory: 2.4GB, DDR2-667 SDRAM, 2 DIMM Mandatory Display: 15.4 inch Wide Screen WXGA+ LCD / Max screen Resolution Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory Hard Drive: 120GB Hard Drive 9.5MM 5400RPM Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro SP2 Downgrade Mandatory Rights, English Feature: Standard Touchpad Mandatory Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory AC Adapter: 65W AC Adapter Mandatory LAN: 1490 Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Expansion slots PCMCIA and/or Express Card Mandatory USB 4 Slots Highly Desirable Docking Capabilities Mandatory Finger Print Reader Mandatory Smart Card Reader Mandatory Weight Please specify Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Modem: Internal 56K Modem Mandatory

Appendix E - Hardware Requirements STANDARD NOTEBOOK_Lot 1 7/14/2008 Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth High End Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High the product meet this Supplier Response - How does the product meet Supplier Notes End Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel® Pentium® Dual Core Processor , 2.4 GHz, 800Mhz 2M L2 Cache, Dual Core Mandatory Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Display: 17 inch Wide Screen WXGA LCD /Max screen resolution Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB (Dedicated;Direct 9x capable) Mandatory Hard Drive: 120GB Hard Drive 9.5MM 7200RPM Mandatory Operating System: Genuine Windows Vista® Business to XP Pro Downgrade Rights, English Mandatory Touchpad Standard Touchpad Mandatory Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory AC Adapter: 90W AC Adapter Mandatory LAN: 1490 Dual Band WLAN (802.11a/g,54Mbps) Mini Card Mandatory Battery: 9-Cell/85 WHr Primary Battery (Minimum 2 hour battery life) Mandatory USB 4 Slots Mandatory Expansion slots PCMCIA and/or Express Card Mandatory Finger Print Reader Mandatory Smart Card Reader Mandatory Weight Please specify Mandatory Docking Capabilities Mandatory Modem: Internal 56K Modem l Mandatory Misc: Resource CD via Website Support Download Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory

Appendix E - Hardware Requirements HIGH END NOTEBOOK_Lot 1 7/14/2008 Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet this Supplier Response - How does the product meet Supplier Notes Minimum Requirements for Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Pentium Core 2 Dual Core, 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Mandatory Display: 12.1 inch Wide Screen WXGA+ LCD / Max screen Resolution Mandatory Indoor/Outdoor Display Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB Mandatory Hard Drive: 120GB Hard Drive 9.5MM 5400RPM Mandatory Feature: Standard Touchpad Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro SP2 Downgrade Rights, Mandatory English Modem: Internal 56K Modem Mandatory AC Adapter: 65W AC Adapter Mandatory Optical Drive: DVD ROM with DVD Software Mandatory LAN: 1490 Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery Mandatory Indoor/Outdoor Display Highly Desirable USB 4 Slots Highly Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Docking Capabilities Mandatory Finger Print Reader Mandatory Smart Card Reader Support Smart Card Mandatory

Appendix E - Hardware Requirements TABLET_Lot 1 7/14/2008 Appendix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Convertible Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Convertible Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Pentium Core 2 Dual Core, 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Mandatory Display: 12.1 inch Wide Screen WXGA+ LCD / Max screen Resolution Mandatory Indoor/Outdoor Display Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB Mandatory Hard Drive: 120GB Hard Drive 9.5MM 5400RPM Mandatory Feature: Standard Touchpad Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro SP2 Downgrade Rights, Mandatory English Modem: Internal 56K Modem Mandatory AC Adapter: 65W AC Adapter Mandatory Optical Drive: DVD ROM with DVD Software Mandatory LAN: 1490 Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery Mandatory USB 4 Slots Highly Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Docking Capabilities Mandatory Finger Print Reader Mandatory Smart Card Reader Support Smart Card Mandatory Touch Screen Highly Desirable Stylus Mandatory

Appendix E - Hardware Requirements CONVERTIBLE TABLET_Lot 1 7/14/2008 Appedix E

LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth PC Monitor Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Supplier Response - How does Supplier Notes Minimum Requirements for PC Monitors the product meet this the product meet the Model Criteria Explanation Requirements requirement (Yes/No)? requirement? 22" Wide LCD .2835 pitch 1440 x 900, Analog interface LCD Monitor Upgrade Options 22" LCD .29 pitch 1280 x 1024, DVI and Analog interface 22" Wide LCD 1680 x 1050, DVI and Analog interface 24" LCD 1600 x 1200, DVI and Analog interface 27" LCD 1920x 1200, DVI and Analog interface 30" LCD 2560 x 1600, DVI and Analog interface

Appendix E - Hardware Requirements MONITORS_Lot 1 7/14/2008 Appendix E

LOT 3 IT HARDWARE PC REQUIREMENTS Commonwealth Ruggedized Notebook Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Ruggedized Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor 2 Duo Dup Processor 1.6GHz,533MHz 2MB L2 Cache Mandatory Display: 13.3 inch TFT active matrix color LCD daylight -readable with or without touchscreen anti glare Mandatory Memory: 1024-MB (DDR2) SDRM Mandatory Keyboard 82 Key Pressure sensitive-touchpad with verticle scrolling Mandatory Graphics Card: Intel GM965 Integrated Video Controller max 34MB(DVMT) VRAM Mandatory Hard Drive: 80GB Shock Mounted Hard Drive, 9.5MM, 4200RPM Mandatory Operating System: Genuine Windows Vista® Business Mandatory Speakers Internal Modem: Internal 56K Modem Mandatory Power/Battery 9 Cell Smart 600 Lithium-ion battery pack AC Adapter: External AC (90 Watt) Adapter Mandatory Optical Drive: 24X CDRW/DVD with Cyberlink Power DVD for Vista Basic/Business Mandatory LAN: 1490 Dual Band WLAN (802.11a/g,54Mbps) Mini Card Mandatory Housing Magnesium Highly Desirable Wireless support Intel Wireless Wifi Link4965 GA 802.11a/b/g Mandatory Finger Print Reader Mandatory Smart Card Reader Mandatory Weight Please specify Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable

Appendix E - Hardware Requirements RUGGED NOTEBOOK_LOT 2 7/14/2008 Appendix E

LOT 3 IT HARDWARE PC REQUIREMENTS COMMONWEALTH STANDARD THIN CLIENT

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements Supplier Notes Standard Thin Client the product meet this does the product meet requirement (Yes/No)? the requirement? Processor 400MHz Mandatory Display Flat Panel Display,19 VIS (Wide Screen) Memory:RAM 256MB Mandatory Memory:Flash 512MB (Linux) 1GB (Xpe) Mandatory Keyboard and Mouse: Keyboard and wheel moust included Mandatory Monitor: 22' Flat Panel Highly Desirable Minimum Graphics Resolution 1280x1024 Mandatory Operating System: Linux Based or Xpe Mandatory Support IO devices such as: USB Mandatory Peripheral Connectivity: storage/Serial/Parallel/COM, USB printing/imaging

Smart Card Support Smart Card Mandatory NIC: 100MB/s Mandatory Device Management centeralized device management (including browser Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable

PC Specs_12.19.07 STANDARD THIN CLIENT 12/18/2007 Appendix E LOT 3 IT HARDWARE PC REQUIREMENTS Commonwealth Thin Client

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements the product meet this does the product meet the Supplier Notes Laptop Thin Client requirement (Yes/No)? requirement? Processor 400MHz Mandatory Memory:RAM 256MB Mandatory Memory:Flash 1GB Mandatory Pointer Touch pad or stick pointer Mandatory Monitor: 12" or greater Mandatory Minimum Graphics Resolution 1280x1024 Mandatory Operating System: XPe Mandatory Peripheral Connectivity: Support IO devices such as: USB Highly Desirable storage/Serial/Parallel/COM, USB printing/imaging Expansion slots PCMCIA and/or Express Card Mandatory Finger Print Reader Mandatory Smart Card Support Smart Card Mandatory Speakers: built-in Mandatory Communcations modem Mandatory NIC: 100MB/s AND 802.11A/G Mandatory Device Management Cetralized device management (including brows Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable

PC_Specs 12.18.07 LAPTOP THIN CLIENT 12/18/2007 Appendix F Supplier: Equipment Costs Supplier Notes Purchase Cost of Unit (includes 1 year on- Monthly Lease Cost of Unit (includes 4 Machine Type RFP Lot # Manufacturer Model Number Product End-of-Life Date site warranty) years on-site warranty)

Standard Desktop* 1 High-End Desktop* 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client* 3 Laptop Thin Client 3 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 30" LCD 2560 x 1600, DVI and Analog interface 1

*Note: All desktop type equipment need to include a 22" monitor in cost (to be purchased as a package)

Equipment Costs Appendix F Supplier: Purchases Machines Only Supplier Notes Warranty Costs (cost by individual year) Machine Type RFP Lot # Year 2 Year 3 Year 4 Bundled Years 2-4 Standard Desktop* 1 High-End Desktop* 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client* 3 Laptop Thin Client 3 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 30" LCD 2560 x 1600, DVI and Analog interface 1

*Note: All machine types to include a 22" moinitor for warranty costs

Equipment Costs Appendix F

Supplier:

On-Site Services, Within 25 Mile Service-Area Radius On-Site Services, +25 mile Service-Area Radius, Includes Commonwealth wide

51-250 50-250 250+ 250+ Machines Primary Services Price ($) Per Machine, Ala Carte Purchase Machines Price ($) Per Machine, Ala Carte Purchase Machines Asset Managed Factory Image Bundled Bundled Asset Managed Factory Image Bundled Bundled Machine Type RFP Lot # Installation De-Installation Asset Tagging Disk Wipe Installation De-Installation Asset Tagging Disk Wipe Recovery Logistics Installation (CFI) Services* Services* Recovery Logistics Installation (CFI) Services Services Standard Desktop 1 High-End Desktop 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client 3 Laptop Thin Client 3 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 30" LCD 2560 x 1600, DVI and Analog interface 1

Equipment Costs Appendix F

Supplier: On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 0-50 On-Site Services, +25 Mile Service-Area Radius, Quantity: 0-50 Optional Services Price ($) Per Machine Price ($) Per Machine

Unbox/Power-on/Remove Hourly Labor (software installs, Unbox/Power-on/Remove Hourly Labor (software installs, Machine Type RFP Lot # Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Packaging etc.) Packaging etc.)

Standard Desktop 1 High-End Desktop 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client 3 Laptop Thin Client 3

Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 30" LCD 2560 x 1600, DVI and Analog interface 1

On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 51-250 On-Site Services, +25 Mile Service-Area Radius, Quantity: 51-250 Optional Services Price ($) Per Machine Price ($) Per Machine

Unbox/Power-on/Remove Hourly Labor (software installs, Unbox/Power-on/Remove Hourly Labor (software installs, Machine Type RFP Lot # Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Packaging etc.) Packaging etc.)

Standard Desktop 1 High-End Desktop 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client 3 Laptop Thin Client 3

Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 30" LCD 2560 x 1600, DVI and Analog interface 1

On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 250+ On-Site Services, +25 Mile Service-Area Radius, Quantity: 250+ Optional Services Price ($) Per Machine Price ($) Per Machine

Unbox/Power-on/Remove Hourly Labor (software installs, Unbox/Power-on/Remove Hourly Labor (software installs, Machine Type RFP Lot # Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Image Development Service Data Transfer Service Data Migration Field Imaging Equipment Movement Packaging etc.) Packaging etc.)

Standard Desktop 1 High-End Desktop 1 Standard Notebook 1 High-End Notebook 1 Tablet 1 Convertible Tablet 1 Rugged Notebook 2 Standard Thin Client 3 Laptop Thin Client 3

Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 24" LCD 1600 x 1200, DVI and Analog interface 1 27" LCD 1920x 1200, DVI and Analog interface 1 Equipment Costs 30" LCD 2560 x 1600, DVI and Analog interface 1 Attachment G – Warranty Requirements

Manufacturer's Warranty Maintenance Requirements for all PCs, Laptops, and Monitors specified in Attachment E – Hardware Requirements

Maintenance Type of Procurement Term1 Maintenance Method Lease (48- 4 years Onsite Next Business month)2 Day Purchase 1 year Onsite Next Business Day

Definition of Terms

Term Definition of Term Base Configuration The base configurations of IT Hardware (PCs, Laptops, and Monitors), as detailed in Appendix-E – Hardware Requirements. The base configurations do not include any option items. Maintenance Maintenance includes, but is not limited to: problem diagnosis, fault isolation, fault repair, validation of repair, reloading of all software, system validation and certification. PPM The Principal Period of Maintenance (PPM) is defined as the coverage timeframes in days and hours, during which the service provider agrees to respond to trouble calls. Service Level Fix Time: Prompt service and full repair is the responsibility of the Agreements (SLA’s): Contractor and imperative to maintaining customer satisfaction. During the business hours of 8:00 AM to 5:00 PM, Monday through Friday, excluding state holidays, Contractors must have responsive service technicians and the support infrastructure to attend to repairs quickly, maximizing machine up time. Fix Time is measured from the time the call/submission of a trouble ticket has been placed by the Commonwealth to the time the machine is back to full and complete working order. Contractors must meet an On-Time Performance (OTP) requirement of 95% service and repair completion within 12 business hours for equipment, measured on an aggregate monthly basis. Solution Time Solution Time is the total elapsed time from when a call is placed to the Contractor’s Dispatching Center for maintenance service until the repair is completed by the service technician and the equipment is certified as operable and accepted by the Commonwealth. Solution time includes both the Response Time and the Repair Time. Response Failure A Response Failure occurs when the Contractor fails to repair or replace (with a functional replacement) a problem computer, within the appropriate Solution Time.

Expectations for Contractors Regarding Warranty

1 The maintenance term for leased hardware only may be extended if the lease term is extended. 2 All Laptops and PCs are leased for a 48-month period – leased PCs include a monitor; includes all TCO Components. 3. Please reference Appendix E-Hardware Requirements for additional details on the Option Items available.

1 Attachment G – Warranty Requirements

A. Offeror shall provide the Commonwealth Agency with a complete set of warranty documents.

B. Offeror warrants that the equipment is new and unused, and when installed, shall be free from defects in material or workmanship.

C. Offeror further warrants that, under normal use and service, the equipment shall remain in satisfactory operating condition.

D. Offeror’s warranties, with respect to equipment or services may not be changed, modified, or amended, except by an instrument in writing.

E. Offeror warrants that the installation services will be of the highest quality and workmanship, and, if applicable, performed by tradespersons certified by the manufacturer(s) as trained and qualified installers. Contractor shall provide the Commonwealth with proof of installers’ certification upon request.

2 APPENDIX H – CUSTOMER SURVEY

Customer Information Your Name: Your Title/Position: Name of Your Organization: Date of Completion: Your Signature:

PLEASE COMPLETE PART #1 AND #2 IF THE COMPANY PROVIDES PRODUCTS.

A. PART #1

Questions regarding [Insert Contractor's Name] (further referred to as the “company”) Please expand the free-form sections of this document if more space is required for your answers. What industry are you in? Check applicable boxes.

Medical Device Pharmaceutical Clinical Other Specify: ______

1 How many years have you been a customer of the company?

2 What services or goods does the company provide to your organization?

How much business do you do with this company per year? 3 (units and/or US$: please specify any other currency)

1

4 What would you consider the company to be? Please check one answer

a) one of your key supply partners b) one of your mainstream supply partners c) a supply partner used on an infrequent basis d) a supply partner of little importance

Have you referred others to this company? If yes, how many times per year? 5

6 Have you performed an audit of the company? If so, what kind of audit? (i.e. quality systems, etc.)

Have you ever defected from this company as a supply partner or considered defecting due to poor 7 quality or service? If so, please elaborate on the circumstances.

Please rank the company’s performance in the area of responsiveness to special requests, changes, 8 etc. on a scale of 1 to 10 (10 being the best).

Comment on the level of teamwork and the working relationships between the people in your 9 organization and the company.

Have members of the company’s management team visited your organization? If yes, how many 10 times and for duration?

If you rank your Contractors by their level of performance, please provide the position of the 11 company in relation to your other Contractors.

2

Does the company encourage and request periodic evaluations from its customers on the 12 effectiveness of the partnership from the customer’s perspective? If so, how often and in what form?

What were some of the deciding factors that made you originally select the company to do business 13 with? Did you evaluate them against other companies?

14 What value has the company added to the success of your organization?

To what extent has the company contributed, with respect to Early Contractor Involvement, in the 15 development of your new products?

What separates the company from its competitors? What are some of the “wow” features that the 16 company provides?

17 What areas of coaching or improvement have you worked on with the company in the past year?

3

Comment on the adaptability of the company as well as its willingness to learn from your 18 organization and effect change.

19 Are invoices done in a timely fashion?

20 Have you had any problems with the accuracy of the invoices?

On a scale of 1 to 10 (10 being the best) please provide an overall rating of the

21 company as a supply partner. (Please tick one box only)

Advocate of Contractor (10) Loyal to Contractor – Reasonable chance of staying with Contractor (8 – 9) At Risk of Leaving Contractor - Open to new offers (6 – 7) Actively Searching for new Contractor (4 – 5) Gone (1 – 3) Please provide any key attributes that justify your rating.

22 Please provide an overall summary of your impression of the company.

B.

4 C. PRODUCTS

23 How many complaints have you registered with the company as a % of units purchased?

24 What is the defect rate of goods supplied by the company (i.e. - %, ppm, ppb, Cpk)?

Have there been any product recalls from the company since you have been doing 25 business with them? If so, how many and for what type of problem?

26 What is the level of reliability of the goods supplied by the company (i.e. – MTBF)?

Comment on the company’s typical cycle time for resolution of problems such as product 27 non-conformities or corrective action responses and implementations.

28 What is the company’s performance in regard to on-time delivery and in-full delivery?

5 29 What is the company’s standard lead-time for delivery of products from date of order?

30 What reduction in lead times has been realized in each of the past 3 years?

What % level of cost reductions has the company passed along to you due to 31 continuous improvement activities on its own end in each of the past 3 years?

What is the company’s performance in regard to completion of new product introductions 32 on-time, on budget and with acceptable quality?

6 Appendix I Historical Units Acquired Commonwealth of PA

Units

Fiscal Year

2004 2005 2006 2007 (5 months) Total Desktops 25,814 18,859 19,191 6,575 70,439 Laptop 3,382 4,594 4,133 2,343 14,452 Monitors 12,150 10,550 11,350 2,393 36,443 Tablets 0 0 15 54 69 Total 41,346 34,003 34,689 11,365 121,403

Services Used

% of Time Agency Elected Service Installation 60% De-installation 55% Asset Recovery 55% Field Asset Tagging 73% Managed Logistics 50% Field Imaging 16% CFI 98% 60 Minutes 47% Disk Wipe 9% Data Migration 9%

Note: Usage history are estimates only and to be used as a representative procurement sample. Usage rates do not indicate future volume commit APPENDIX J LEASING TERMS AND CONDITIONS

I. General.

(A) Pursuant to these Leasing Terms and Conditions (“Terms and Conditions”) the contractor(s) shall lease equipment and software covered by the contract. Commonwealth agencies shall, in addition to the outright purchase of equipment and software, have the option to lease equipment from the contractor, as well as financed software and other items in RFP CN00027699. Leases shall be in accordance with the following terms (in addition to the terms and conditions of RFP CN00027699. The ordering Commonwealth agency shall indicate its election to lease equipment (each such lease transaction hereinafter called a "Lease") on the applicable purchase order issued to the contractor. Such Lease may also include financed software or other items in RFP CN00027699 that are financed (in either case "Financed Items").

(B) The contractor may assign such purchase order and Lease to a third party ("Initial Assignee") who will fund the purchase of the equipment and Financed Items (and in the case of a Lease, take title to the equipment) and assume the right to receive all payments thereunder. The consent of the Commonwealth to such assignment by the contractor shall not be required. The contractor shall notify the Commonwealth of its assignment to an Initial Assignee in its acknowledgment to the Commonwealth Agency of the purchase order and by providing the Commonwealth Agency with a copy of an assignment agreement between the contractor and the Initial Assignee.

(C) Notwithstanding any provisions to the contrary in the RFP CN00027699, in the event of an assignment of a Lease to an Initial Assignee, the Initial Assignee shall only be bound to the obligations of the contractor as they are specified in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided in the remainder of RFP CN00027699. The Commonwealth waives any claims it may have against the Initial Assignee for any loss, damage or expense caused by the equipment or any Financed Item or any defect therein or use or maintenance thereof. The Commonwealth acknowledges that the Initial Assignee is not the supplier of the equipment or Financed Items and is not responsible for its selection or installation. Once an acceptance certificate in the form attached hereto as Exhibit A is executed by the ordering Commonwealth Agency and is received by Initial Assignee, if any portion of the equipment or Financed Items is unsatisfactory for any reason, the ordering Commonwealth Agency shall, nevertheless, continue to make payments under the applicable Lease and shall make any claim against the contractor or the manufacturer, but not against the Initial Assignee or any subsequent assignee of the Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

(D) The rights of the Initial Assignee and any subsequent assignee to receive payments under a Lease are absolute and unconditional and shall not be affected by any right of set-off or defense of any kind whatsoever once an acceptance certificate in the form attached here to as Exhibit A is executed by the ordering Commonwealth Agency and is also received by Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

II. Leasing Plans. The contractor agrees to provide the equipment and Financed Items covered by RFP CN00027699 through 48 month Lease with Fair Market Value

The leasing plan selected by the ordering Commonwealth agency shall be identified on the purchase order.

III. Term. The term of each Lease shall commence on the date the equipment and/or Financed Items are accepted by the ordering Commonwealth agency (as evidenced by an acceptance certificate in the form attached hereto as Exhibit A) and shall continue for the period of time of the pricing plan as designated on the purchase order.

IV. Payments.

(A) Full term intention. The ordering Commonwealth agency shall pay the applicable quarterly or semi-annual payment for the equipment and Financed Items. Payment shall be made by the ordering Commonwealth Agency, for the full term, unless the purchase order or lease is terminated by the Commonwealth agency for contractor Default under Section V(I)(2) herein or nonappropriation of funds.

(B) Nonappropriation. The Commonwealth agency's obligation is payable only and solely from funds allotted for the purpose of the Lease. If sufficient funds are not appropriated for continuation of performance under any Lease for any fiscal year subsequent to the one in which the purchase order was issued, the Commonwealth agency may return the equipment to the contractor or Initial Assignee (if applicable) and thereafter be released of all further obligations, provided: (i) The Commonwealth agency delivers unencumbered title to the equipment to the contractor or Initial Assignee (if applicable), (ii) The equipment is returned to the contractor or Initial Assignee (if applicable) in good condition, reasonable wear and tear excepted, and (iii) thirty (30) days written notice is given to the contractor or Initial Assignee (if applicable) stating the failure of appropriations as the reason for return and certifying that the equipment is not being replaced by similar equipment from another vendor. In the event the Commonwealth agency returns the equipment for failure of appropriations, all amounts then due to the contractor or Initial Assignee (if applicable) through the end of the fiscal year for

2 which sufficient funds have been appropriated shall be paid by the Commonwealth agency.

V. Leasing Terms and Conditions. The following terms and conditions shall apply for the Forty-eight (48) month Lease with Fair Market Value:

(A) Title. Title in or to the equipment shall not pass to the Commonwealth but shall remain in the contractor or Initial Assignee (if applicable). The equipment shall remain personal property and shall not become a fixture or affixed to real property. The Commonwealth will keep the equipment free and clear of all encumbrances except the contractor's or any assignee's security interest. At the request of the contractor or Initial Assignee (if applicable), the Commonwealth will join the contractor or Initial Assignee in executing one or more financing statements, pursuant to the Uniform Commercial Code or other registration law applicable to the location of the equipment. The contractor or Initial Assignee (if applicable) will pay the cost of filing the financing statement(s) in all public offices wherever filing is deemed by the contractor or Initial Assignee to be necessary or desirable.

(B) Risk of Loss. The contractor shall assume and bear the risk of loss, damage, or theft to the equipment and all component parts thereof while same is in the Commonwealth's possession, unless it could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment. No loss or damage to the equipment shall impair any obligation of the contractor or of the Commonwealth, except as hereinafter expressly provided. Unless the damage could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment, the contractor shall repair or cause to be repaired all damages to the equipment, if the contractor determines the equipment can be economically repaired. In the event that the equipment is stolen, destroyed or rendered irreparable, unusable, or damaged as determined by the contractor, the Lease shall terminate and the Commonwealth's obligation to pay rent for the equipment shall be deemed to have ceased as of the date of the loss.

(C) Assignment. The Commonwealth shall not assign any Lease hereunder or any interest therein, or sublease the equipment without the prior written consent of the contractor or its assignee. The Commonwealth reserves the right, upon notice to the contractor and any affected assignees, to transfer equipment and associated lease payment obligations between Commonwealth agencies. The contractor may assign the purchase order and the Lease and/or grant security interests therein, in whole or in part to an Initial Assignee and such Initial Assignee may further assign a Lease and/or grant a security interest therein to a subsequent assignee without the consent of the Commonwealth. Any other assignment by the contractor shall require the prior written consent of the Commonwealth. Upon notice to the ordering Commonwealth agency, the contractor may assign payments under any Lease to a third party.

3

(D) Extension. If the Commonwealth has not elected to purchase the equipment at the expiration of a Lease term, and as long as the Commonwealth is not in default under the Lease, the Lease (other than Leases that expire five years from date of installation) may be extended upon receipt by the contractor or Initial Assignee (if applicable) of written notification from the Commonwealth. The extension will be under the same terms and conditions then in effect, including rent (but not less than fair market rental value) and will continue until the earlier of termination by either party upon one month's prior written notice or five years from the date of installation.

(E) Return of Equipment. At the expiration or termination of a Lease for any item of equipment, or upon demand by the contractor, or Initial Assignee (if applicable) pursuant to Section V(I), Default, the Commonwealth shall promptly return the equipment “as is”, freight prepaid, to a location in the continental United States specified by the contractor or Initial Assignee (if applicable). The Commonwealth will not be assessed any additional charges based on condition of the returned equipment. The Commonwealth agency shall pay the applicable rent for the equipment until it has been shipped to the contractor in accordance with the subsection. Since the Commonwealth has, as a matter of policy, determined that all hard drives contain information that is confidential or sensitive, the contractor shall, at its discretion, either 1) remove and destroy the hard drive from the equipment or 2) clean the hard drive to Office of Administration/U.S. Department of Defense standards. The contractor will be required to provide written certification to the Commonwealth agency that the hard drive has been destroyed or cleaned to Office of Administration/U.S. Department of Defense standards. Except in the event of a total loss of the equipment pursuant to paragraph V(B) herein and except for those costs associated with the removal, destruction and cleaning of the hard drives, the Commonwealth shall pay any costs and expenses incurred by the Contractor or Initial Assignee (if applicable) to place the equipment in good operating condition in accordance with the specifications. All parts removed and replaced by the contractor shall become the property of contractor or Initial Assignee (if applicable). The contractor’s or Initial Assignee’s (if applicable) costs and expenses associated with 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive shall be included in the rental amount. No additional charges will be paid by the Commonwealth agency for 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive upon the return of an item of equipment.

(F) Warranties: Quiet Enjoyment. The contractor or Initial Assignee (if applicable) grants to the Commonwealth the benefit of any and all warranties made by the manufacturer or supplier of the equipment or Financed Items during the term of a

4 Lease. The contractor warrants that neither the contractor nor anyone acting or claiming through the contractor, by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. However, in the event of an assignment of a Lease hereunder to an Initial Assignee, such Initial Assignee (and any subsequent assignee) warrants that neither it nor anyone acting or claiming through it by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of and use of the Equipment, so long as no event of default shall have occurred and be continuing.

(G) Liability.

1. The Commonwealth assumes all risks and liabilities for injury to or death of any person or damage to any property, in any manner arising out of possession, use, operation, condition, or storage of any piece of equipment or Financed Item by the Commonwealth agency whether such injury or death be with respect to agents or employees of the Commonwealth or of third parties, and whether such property damage be to the Commonwealth's property or the property of others; provided, however, that said damage or injury results from the negligence of Commonwealth, its agents or employees, and provided that judgment has been obtained against the Commonwealth. This provision shall not be construed to limit the sovereign immunity of the Commonwealth, the Department of General Services or any Commonwealth agency.

2. The Commonwealth shall, during the term of the Lease, self-insure with respect to the risks which it has assumed under subparagraph (G)(1) above, including, but not limited to, risks of public liability and property damage under Act 142 of October 5, 1980, P.L. 693, 42 Pa. C.S. A. Section 8522.

(H) Financing and Prepayment. If a Lease provides for financing of software or other Financed Items, the contractor will pay the charges for such Financed Items directly to the supplier (if such supplier is not the contractor). In the event the Lease is assigned to an Initial Assignee, the Initial Assignee will pay such charges directly to the contractor or the supplier. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth's obligation to pay rent for those items of software or other Financed Items which have been delivered and for which acceptance certificates have been received shall not be effected by any discontinuance, return or destruction of any license or licensed program materials or any dissatisfaction with any service financed under the Lease. The Commonwealth may terminate any Financed Item (but not an item of equipment) by prepaying its remaining rent. The Commonwealth shall provide the contractor or Initial Assignee (if applicable) with notice of the intended prepayment date which shall be at least one month after the date of the notice. The contractor or Initial Assignee may, depending on market conditions at the time, reduce the remaining rent to reflect such prepayment and shall advise the

5 Commonwealth of the balance to be paid. If, prior to Lease expiration, the Commonwealth purchases equipment related to a Financed Item or if the Lease for such equipment is terminated, for any reason (except if funds are not appropriated as described in paragraph IV(B), the Commonwealth shall at the same time prepay such Financed Item, if it has been delivered and for which an acceptance certificate has been received.

(I) Default

1. If the Commonwealth (1) does not pay a rent payment within thirty (30) days after the due date and such non-payment continues for fifteen (15) days after receipt of written notice from the contractor or Initial Assignee (if applicable) that the Commonwealth Agency is delinquent in payment of any rent; (2) breaches any other provision under these Terms and Conditions and such breach continues for fifteen (15) days after receipt of written notice thereof from the contractor or Initial Assignee (if applicable); or (3) files any petition or proceeding (or has a petition or proceeding filed against it) under any bankruptcy, insolvency or similar law, the contractor or its assignee may pursue and enforce the following remedies:

a. Terminate the applicable purchase order.

b. Take possession of any or all items of equipment without any court order or other process of law and for such purpose, the contractor or its assignee may enter upon the premises where the equipment may be and may remove the same therefrom upon written notice of its intention to do same, without being liable to any suit or action or other proceeding by the Commonwealth. The contractor or its assignee may, among its options, sell the equipment at public or private sale for cash or credit. The Commonwealth agency shall be liable for the contractor’s or the assignee’s expense of retaking possession and the removal of the equipment and placing the equipment in good operating condition (if it is not in good operating condition at the time of removal) in accordance with the manufacturer’s specifications. When the equipment is returned to the contractor or its assignee, it shall include only those items that were purchased as per the purchase order.

c. Recover from the Commonwealth agency all rent payments then due and the net present value of the amount of the remaining rent payments. The present value of such remaining rent payments shall be calculated using a discount rate equal to the average of the weekly two and three year Treasury Constant Maturities published by the Federal Reserve Board for the last calendar week of the month preceding the contractor’s or its assignee’s termination of the applicable purchase order. The Treasury Constant Maturities

6 are published in Statistical Release .15 and can be accessed via the Federal Reserve Board internet website.

2. In the event of default by the contractor, the Commonwealth may pursue one or more of the following remedies.

a. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth shall continue to make rent payments for those units of equipment which have been delivered for which acceptance certificates have been received, and cancel its order without liability for payment for those units which have not been delivered and for which acceptance certificates have not been received. The amount of the rent payments shown in the payment schedule will be recalculated, however, to take into consideration and pay for the actual number of units which were delivered and for which acceptance certificates have been received. If no acceptable units of equipment have been delivered and accepted, the Commonwealth agency may terminate the purchase order without liability to make any payments.

b. If the payments under this agreement have not been assigned to an Initial Assignee, the Commonwealth agency may setoff or counterclaim against its obligation to make the payments any and all damages incurred by the Commonwealth as a result of the contractor's default.

c. The Commonwealth and any Commonwealth ordering agency may cancel a lease for the lessor’s non-performance or failure to comply with the terms of the lease or Contract, including non- compliance with applicable Service Level Agreements for leased equipment. Non-performance shall be defined as the failure by the lessor to provide (and cure within any applicable lease or contract cure period) material or services as required by the contract or lease agreement. In the event the lessee notifies the lessor of its non-performance, the lease shall be null and void 30 days from the date of notification to the lessor. It will be the responsibility of the lessor to pick-up the equipment with no additional charges.

VI. Compliance with Internal Revenue Code. The contractor or its assignee must, if it intends to provide tax exempt financing, file, in timely fashion, any reports that must be filed with the Internal Revenue Service with respect to the order under Section 124 or 149 of the Internal Revenue Code (IRC). The Commonwealth shall cooperate with the contractor or its assignee in the preparation and execution of these documents. The Commonwealth shall also keep a copy of each notification of assignment with the Commonwealth's counterpart of the order and shall not, during the term of the Lease, permit the equipment to be directly or indirectly used for a private business use within the

7 meaning of Section 141 of the IRC. The Commonwealth represents that it and each ordering Commonwealth Agency that enters into a Lease hereunder qualifies as a State or political subdivision of a State for the purpose of Section 103(a) of the IRC. Any misrepresentation of such status under Section 103(a) shall constitute an event of default by the Commonwealth pursuant to paragraphs V(I). If (a) the Internal Revenue Service rules that the Commonwealth or any ordering Commonwealth Agency does not so qualify under Section 103(a) of the IRC, or (b) the Commonwealth fails to cooperate with the contractor or Initial Assignee in the preparation and execution of any reports required under Section 124 or 149 of the IRC (including 8038G and 8038GC forms), the Commonwealth will pay the contractor or Initial Assignee (if applicable) upon demand, a sum to be determined by the contractor or Initial Assignee sufficient to return the contractor or Initial Assignee (if applicable) to the economic results it would otherwise have received.

VII. Other Documents. Upon request from the contractor or Initial Assignee the Commonwealth will sign properly completed UCC-1 Forms and 8038G or 8038GC Forms if applicable. The contractor or Initial Assignee shall be responsible for completing these forms and filing them with the appropriate offices/parties. One opinion of counsel form (using the form attached hereto as Exhibit B) covering all Commonwealth agency orders under the contract will be provided upon request.

VIII. Use and Location of Equipment and Alterations. The Commonwealth shall keep the equipment under a Lease within the confines of the Commonwealth of Pennsylvania. The Commonwealth will inform the contractor or the Initial Assignee of the location of the equipment upon request. The ordering Commonwealth agency, at its own cost and expense, shall maintain the equipment in good operating condition and will not use or deal with the equipment in any manner which is inconsistent with the terms of the Contract or any applicable laws and regulations. The equipment will not be misused, abused, wasted or allowed to deteriorate except for ordinary wear and tear resulting from its intended use. No alterations, changes, or modifications to the equipment shall be made without the approval of the contractor or Initial Assignee (if applicable).

IX. Warranty Disclaimer. IN THE EVENT CONTRACTOR ASSIGNS A LEASE HEREUNDER TO AN INITIAL ASSIGNEE, SUCH INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE MAKE NO WARRANTY (OTHER THAN, IN THE CASE OF A LEASE, A WARRANTY OF QUIET ENJOYMENT OF THE EQUIPMENT), EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO THE INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE, THE COMMONWEALTH TAKES THE EQUIPMENT AND ANY FINANCED ITEMS "AS IS." IN NO EVENT SHALL THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE HAVE ANY LIABILITY FOR, NOR SHALL THE COMMONWEALTH HAVE ANY REMEDY AGAINST THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF SAVINGS OR LOSS OF USE.

8 X. Governing Law: Severability. All Leases hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania; however the parties agree that Article 2A of the Uniform Commercial Code shall not apply or govern transactions under these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid or unenforceable, all other provisions shall remain in effect. All disputes arising in connection with these Terms and Conditions shall be resolved in accordance with Section 21 of the Standard Contract Terms and Conditions for Department of General Services Statewide Services Contracts – SAP (Appendix A to RFP CN00027699).

XI. Notices. Service of all notices under these Terms and Conditions shall be sufficient if delivered by hand or overnight courier or mailed to the Commonwealth at the address set forth in the applicable purchase order, or to the contractor or Initial Assignee (if applicable) at the address set forth in its acknowledgment to the purchase order (or any document attached thereto). Notices by mail shall be effective when deposited in the U.S. mail, duly addressed and postage prepaid. Notices delivered by hand or by overnight courier shall be effective when actually received.

XII. Terms. These Terms and Conditions are in addition to other terms and conditions of RFP CN00027699, except to the extent the contractor assigns a Lease or hereunder to an Initial Assignee, in which case the Initial Assignee shall only be bound to the obligations of the contractor indicated in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided by the current terms and conditions of RFP CN00027699. To the extent that there is a conflict between the other terms and conditions of RFP CN00027699 and these Terms and Conditions, these Terms and Conditions shall prevail to the extent that a leasing option is selected by the ordering Commonwealth agency.

9 EXHIBIT A

Purchase order No. ______dated ______, 20 __, by and between ______(the contractor) and ______(Commonwealth agency).

ACCEPTANCE CERTIFICATE

The undersigned hereby certifies and represents to, and agrees with, the contractor or its assignee as follows:

1. A unit(s) of the equipment and/or financed item(s) identified on the attached schedule have/has been delivered to ______and accepted on the date indicated below.

2. The Commonwealth agency had conducted such inspection and/or testing of the unit(s) of the equipment and/or financed item(s) as it deems necessary and appropriate and hereby acknowledges that it accepts the such unit(s) of equipment.

3. The Commonwealth agency is not in any event of default as defined in RFP CN00027699 and no event which, with notice or lapse of item, or both, would become an event of default, has occurred and is continuing at the date thereof.

______(Commonwealth Agency)

By: ______

______Title

______Date

10 EXHIBIT B

DATE: ______

Ladies and Gentlemen:

As counsel for the Commonwealth of Pennsylvania, Department of General Services, I am familiar with RFP CN00027699 (the "Agreement") dated as of ______, 20 _____, between ______as the contractor and the Commonwealth of Pennsylvania, including all exhibits and attachments to the Agreement.

Based on the examination of these and such other documents, records, and papers as I deemed to be relevant and necessary as the basis for my opinion set forth below, It is my opinion that as of the date of this opinion:

1. The Commonwealth is authorized to enter into the transaction contemplated by the Agreement and to carry out its obligations thereunder.

2. The Agreement has been duly authorized, executed, and delivered by the Commonwealth and constitutes a legal, valid, and binding agreement enforceable in accordance with its term. Any orders issued by Commonwealth agencies against the Agreement represent legal, valid and binding obligations of the agency that issued the order.

3. No further approval, consent, or withholding of objections is required from any federal, state, or local governmental authority with respect to the entering into or performance by the Commonwealth of the Agreement and the transactions contemplated thereby.

4. The entering into and performance of the Agreement and other related documents will not violate any judgment, order, law, or regulation applicable to the Commonwealth or result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest, or other encumbrance upon any assets of the Commonwealth or the equipment pursuant to any indenture, mortgage, deed or trust, bank loan, credit agreement or other instrument by which the Commonwealth is a party or by which it or its assets may be bound.

11 5. To the best of my knowledge, there are no actions, suits, or proceedings pending or, to the knowledge of the Commonwealth, threatened against or affecting the Commonwealth, in any court or before any governmental commission board or authority which, if adversely determined, will have a material adverse effect on the ability of the Commonwealth to perform its obligations under the Agreement.

6. All required competitive procurement procedures regarding the award of the Agreement have been followed by the Commonwealth.

Sincerely,

______Assistant Counsel

12 Commonwealth of Pennsylvania

Date: 3/26/2008 Subject: IT Personal Computers Solicitation/Bid Number: CN00027699 Opening Date/Time: 04/22/2008 Flyer Number: 1

To All Suppliers:

The Commonwealth of Pennsylvania defines a “Flyer” as an addition to or amendment of the original terms, conditions, specifications, or instructions of a procurement solicitation (e.g., Invitation for Bids or Request for Proposals).

List any and all changes: Appendix E, Hardware Requirements

For electronic solicitation responses via the SRM portal:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • To attach the Flyer, download the Flyer and save to your computer. Move to ‘MY Notes”, use the “Browse” button to find the document you just saved and press “Add” to up load the document. • Review the Attributes section of your solicitation response to ensure you have responded, as required, to any questions relevant to flyers issued subsequent to the initial advertisement of this bid opportunity.

For solicitations where a “hard copy” (vs. electronic) response is requested:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • If you have already submitted a response to the original solicitation, you may either submit a new response, or return this flyer with a statement that your original response remains firm, by the due date to the following address:

Except as clarified and amended by this Flyer, the terms, conditions, specifications, and instructions of the solicitation and any previous flyers, remain as originally written.

Very truly yours,

Name: Jason Hicks Title: Associate Commodity Manager Phone: 717-346-8185 Email: [email protected]

Form Revised 06/29/2007 Page 1 of 1 LOT 1 IT HARDWARE PC REQUIREMENTS Standard PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet Supplier Response - How does the Minimum Requirements for Standard PC Criteria Explanation Requirements Supplier Notes this requirement product meet the requirement? (Yes/No)? Form Factor Mid -Tower Mandatory Processor Intel® Dual Core Processor (1.60GHz, 1M, Mandatory 800MHz FS) Memory: 2.0GB,Non-ECC,667MHz DDR 2x1GB (4 Slots) Mandatory Keyboard: USB Enhanced Multimedia Keyboard Mandatory Monitor Flat Panel Display,22 inch (Wide Screen) Mandatory Operating System: Mandatory Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Hard Drive: 160GB SATA 3.0Gb/s and 8MB Cache (7200 Mandatory RPMs) Graphics Card Integrated Video 256 MB (Direct 9x capable) Mandatory Mouse: 2-Button Optical Mouse with Scroll Mandatory NIC: Gigabit4 LOM compatiable with Power Management Mandatory Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory Sound Card: Integrated Sound Mandatory Speaker Internal Audio Speaker Mandatory PCI Slots 2 PCI Slots Mandatory 2x USB 2.0 (front), 4x USB 2.0 (back), I/O Ports 1xVGA/DVI, 1xSerial, 1xParallel, 1x PS/2 Port, Highly 1xRJ-45, Audio in/out, Mic Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard High End PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High End P/C Supplier Notes the product meet this Supplier Response - How does the Criteria Explanation Requirements requirement (Yes/No)? product meet the requirement? Form Factor Tower Processor Intel® Dual Core PC Processor 2.4 GHz, 1066, FSB, 2MB L2 Mandatory DC/VT Memory: 2GB, 800MHz, DDR2 SDRAM Memory, 2X1GB (4 Slots) Mandatory Keyboard: USB Enhanced Multimedia English Keyboard Mandatory Monitor: Flat Panel Display,22 inch (Wide Screen) Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Mandatory Downgrade Rights, English Hard Drive: 160GB SATA 3.0Gb/s with NCQ and 8MB Cache Mandatory Mouse: USB 2-Button Optical Mouse with Scroll Mandatory NIC: 1 Gigabit4 LOM compatiable with Power Management Mandatory Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory Sound Card Integrated Sound Speakers: Internal Audio Speaker Mandatory 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA/DVI, 1xSerial, I/O Ports 1xParallel, 1x PS/2 Port, 1xRJ-45, Audio in/out, Mic Highly Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory RAID Configuration: 0,1 Capable Mandatory Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for Standard the product meet this Supplier Response - How does the product meet Supplier Notes Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel® Dual Core Processor , 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Mandatory Memory: 2GB, DDR2-667 SDRAM, 2 DIMM Mandatory Display: 14 inch Wide Screen WXGA Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory Hard Drive: 120GB Hard Drive 5400RPM Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Mandatory Rights, English Feature: Standard Touchpad Mandatory Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory AC Adapter: 65W AC Adapter Mandatory LAN: 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Expansion slots PCMCIA and/or Express Card Mandatory USB 4 Slots Highly Desirable Docking Capabilities Mandatory Finger Print Reader Highly Desirable Smart Card Reader Mandatory Weight Please specify Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Modem: Internal 56K Modem Mandatory Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth High End Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High the product meet this Supplier Response - How does the product meet Supplier Notes End Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel® Dual Core Processor , 2.4 GHz, 800Mhz 2M L2 Cache, Dual Core Mandatory Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Display: 15 inch Wide Screen WXGA Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB (Dedicated;Direct 9x capable Mandatory Hard Drive: 120GB Hard Drive 7200RPM Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Mandatory Touchpad Standard Touchpad Mandatory Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory AC Adapter: 90W AC Adapter Mandatory LAN: 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 9-Cell/85 WHr Primary Battery (Minimum 2 hour battery life) Mandatory USB 4 Slots Mandatory Expansion slots PCMCIA and/or Express Card Mandatory Finger Print Reader Highly Desirable Smart Card Reader Mandatory Weight Please specify Mandatory Docking Capabilities Mandatory Modem: Internal 56K Modem Mandatory Misc: Resource CD via Website Support Download Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet this Supplier Response - How does the product meet Supplier Notes Minimum Requirements for Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Dual Core, 1.20GHz Mandatory Display: 12.1 inch Wide Screen WXGA Mandatory Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB Mandatory Hard Drive: 120GB Hard Drive 5400RPM Mandatory Feature: Standard Touchpad Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Mandatory Rights, English Modem: Internal 56K Modem Mandatory AC Adapter: 65W AC Adapter Mandatory Optical Drive: DVD ROM with DVD Software Mandatory LAN: 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery Mandatory Indoor/Outdoor Display Highly Desirable USB 4 Slots Highly Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Docking Capabilities Mandatory Finger Print Reader Highly Desirable Smart Card Reader Mandatory Stylus Mandatory Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Convertible Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Convertible Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Dual Core, 1.20GHz, 800MHz, 2ML2 Cache, Dual Core Mandatory Display: 12.1 inch Wide Screen WXGA Mandatory Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Feature: Internal English Keyboard Mandatory Graphics Card: Integrated Video 256 MB Mandatory Hard Drive: 120GB Hard Drive 5400RPM Mandatory Feature: Standard Touchpad Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Mandatory Rights, English Modem: Internal 56K Modem Mandatory AC Adapter: 65W AC Adapter Mandatory Optical Drive: DVD ROM with DVD Software Mandatory LAN: 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Battery: 6-Cell/56 WHr Primary Battery Mandatory Indoor/Outdoor Display Highly Desirable USB 4 Slots Highly Desirable EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Docking Capabilities Mandatory Finger Print Reader Highly Desirable Smart Card Reader Mandatory Touch Screen (stylus and finger) Highly Desirable Stylus Mandatory Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth PC Monitor Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Supplier Response - How does Supplier Notes Minimum Requirements for PC Monitors the product meet this the product meet the Model Criteria Explanation Requirements requirement (Yes/No)? requirement? 22" Wide LCD 1440 x 900, Analog interface LCD Monitor Upgrade Options 22" LCD 1280 x 1024, DVI and Analog interface 22" Wide LCD 1680 x 1050, DVI and Analog interface 24" LCD 1600 x 1200, DVI and Analog interface 27" LCD 1920x 1200, DVI and Analog interface 30" LCD 2560 x 1600, DVI and Analog interface LOT 2 IT HARDWARE PC REQUIREMENTS Commonwealth Ruggedized Notebook Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Ruggedized Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Core 2 Duo Processor 1.6GHz,533MHz 2MB L2 Cache Mandatory Display: 13.3 inch TFT active matrix color LCD daylight -readable with or without touchscreen Mandatory Memory: 2GB (DDR2) SDRAM Mandatory Keyboard Internal English Keyboard Mandatory Feature: Standard Touchpad Mandatory Graphics Card: Integrated Video Controller Mandatory Hard Drive: 80GB Shock Mounted Hard Drive, 4200RPM Mandatory Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Mandatory Speakers Internal Mandatory Modem: Internal 56K Modem Mandatory Power/Battery 9 Cell Smart 600 Lithium-ion battery pack AC Adapter: External AC (90 Watt) Adapter Mandatory Optical Drive: 24X CDRW/DVD with DVD software Mandatory LAN: 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Housing Magnesium Highly Desirable Wireless support Intel Wireless Wifi Link4965 GA 802.11a/b/g Mandatory Finger Print Reader Highly Desirable Smart Card Reader Mandatory Weight Please specify Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Misc: Resource CD via Website Support Download Mandatory LOT 3 IT HARDWARE PC REQUIREMENTS COMMONWEALTH STANDARD THIN CLIENT

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements Supplier Notes Standard Thin Client the product meet this does the product meet requirement (Yes/No)? the requirement? Processor 400MHz Mandatory Display Flat Panel Display,19 VIS (Wide Screen) Memory:RAM 256MB Mandatory Memory:Flash 512MB (Linux) 1GB (Xpe) Mandatory Keyboard and Mouse: Keyboard and wheel moust included Mandatory Monitor: 22' Flat Panel Highly Desirable Minimum Graphics Resolution 1280x1024 Mandatory Operating System: Linux Based or Xpe Mandatory Support IO devices such as: USB Mandatory Peripheral Connectivity: storage/Serial/Parallel/COM, USB printing/imaging

Smart Card Support Smart Card Mandatory NIC: 100MB/s Mandatory Device Management centeralized device management (including browser c Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable LOT 3 IT HARDWARE PC REQUIREMENTS Commonwealth Thin Client

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements the product meet this does the product meet the Supplier Notes Laptop Thin Client requirement (Yes/No)? requirement? Processor 400MHz Mandatory Memory:RAM 256MB Mandatory Memory:Flash 1GB Mandatory Pointer Touch pad or stick pointer Mandatory Monitor: 12" or greater Mandatory Minimum Graphics Resolution 1280x1024 Mandatory Operating System: XPe Mandatory Peripheral Connectivity: Support IO devices such as: USB Highly Desirable storage/Serial/Parallel/COM, USB printing/imaging Expansion slots PCMCIA and/or Express Card Mandatory Finger Print Reader Mandatory Smart Card Support Smart Card Mandatory Speakers: built-in Mandatory Communcations modem Mandatory NIC: 100MB/s AND 802.11A/G Mandatory Device Management Cetralized device management (including brows Mandatory EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Commonwealth of Pennsylvania

Date: 3/26/2008 Subject: IT Personal Computers Solicitation/Bid Number: CN00027699 Opening Date/Time: 04/22/2008/ 3:00 PM EST Flyer Number: 2

To All Suppliers:

The Commonwealth of Pennsylvania defines a “Flyer” as an addition to or amendment of the original terms, conditions, specifications, or instructions of a procurement solicitation (e.g., Invitation for Bids or Request for Proposals).

List any and all changes: RFP Questions & Answers have been updated.

For electronic solicitation responses via the SRM portal:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • To attach the Flyer, download the Flyer and save to your computer. Move to ‘MY Notes”, use the “Browse” button to find the document you just saved and press “Add” to up load the document. • Review the Attributes section of your solicitation response to ensure you have responded, as required, to any questions relevant to flyers issued subsequent to the initial advertisement of this bid opportunity.

For solicitations where a “hard copy” (vs. electronic) response is requested:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • If you have already submitted a response to the original solicitation, you may either submit a new response, or return this flyer with a statement that your original response remains firm, by the due date to the following address: Forum Place, 6th Floor 555 Walnut Street Harrisbug, PA 17101-1914

Except as clarified and amended by this Flyer, the terms, conditions, specifications, and instructions of the solicitation and any previous flyers, remain as originally written.

Very truly yours,

Name: Jason Hicks Title: Associate Commodity Manager Phone: 717-346-8185 Email: [email protected]

Form Revised 06/29/2007 Page 1 of 1 PC RFP CN00027699

Question #: Question Response 1 Will DGS inform the vendors of the specific time for the bidders conference for the PC RFP? The Preproposal conference will be held on April 2nd at 10:00 AM. That was a typographical error. The correct value is 2GB and is now 2 reflected on the technical requirements spreadsheet. Please download a Regarding the Standard Notebook, it appears that your request for RAM is a typographical error. Can new copy if it from the DGS Procurement website. you confirm that your spec for RAM is 2.0GB on 2 DIMMs? The minimum screen size has been changed to 14”. This has been updated 3 With respect to the Standard Notebook, many users prefer a 14.1" display for portability, weight, and on the technical requirements spreadsheet. Please download a new copy if battery life reasons. Would the Commonwealth consider accepting 14.1" options for this configuration? it from the DGS Procurement website. With respect to the High End Notebook, since only one Gartner "Leader Quadrant" Desktop and The minimum screen size has been changed to 15”. This has been updated Notebook supplier provides a 17" enterprise class laptop, and because the larger display unfavorably 4 on the technical requirements spreadsheet. Please download a new copy if impacts portability, weight, and battery life, would the Commonwealth consider accepting a 15.4" laptop it from the DGS Procurement website. for this configuration?

Regarding the Tablet configurations, since only one Gartner "Leader Quadrant" Desktop and Notebook The minimum processor speed is 1.20GHz. This has been updated on the 5 supplier offers a tablet with the specified processor, and because the Intel ULV U7600 Core 2 Duo technical requirements spreadsheet. Please download a new copy if it from processor provides substantial benefits in terms of weight, thermals, and battery life, would the the DGS Procurement website. Commonwealth consider expanding the list of acceptable configurations (such as Intel U7600)? The physical size requirement has been removed. This has been updated 6 The hard drive requirement for the tablet specifies a HDD spec of 9.5MM, found only in larger chassis. on the technical requirements spreadsheet. Please download a new copy if Would the Commonwealth permit a smaller, 8MM specification? it from the DGS Procurement website. Regarding the 22" Wise LCD specification, we are unable to locate a product in the marketplace that Dot pitch requirements have been removed. This has been updated on the meets either the base or upgrade pitch. Every OEM offers a 22" monitor with a 0.282 pitch; in order to 7 technical requirements spreadsheet. Please download a new copy if it from draw the most competitive interest, would the Commonwealth consider editing or eliminating this the DGS Procurement website. requirement?

1. Standard Notebook - Processor: There is currently no Intel Pentium Dual Core with 800 MHz FSB. Are you asking for a Core 2 Duo processor that does meet this specification? 2. Memory: The Commonwealth The specs were updated to address most of these questions on 3/26/2008. asks for 2.4GB of memory, which is not a common industry offering. 2GB memory = 2048MB = 2.048 Please download the updated copy. The specifications do not require 8 GB, not 2.4GB. Is this a mis print? 3. Display: Will the Commonwealth allow for notebook offerings that discreet video memory. EPEAT silver or better is required. Energy Star is a include a WXGA display (instead of the WXGA +)? The WXGA standard is far more common among different rating - information on Energy Star is also requested in the industry offerings. 4. Graphics Card: Integrated video can generally use up to 358MB of system memory, statement of work.(IV-13 Energy Efficiency) but not 256MB. 256MB is usually applied to discreet video graphic cards. Is this a mis print? 5. EPEAT: Is Energy Star 4.0 sufficient to meet this standard? High End - 1. Processor: There is currently no Intel Pentium Dual Core with 800 MHz FSB. Are you asking for a Core 2 Duo processor that does meet this specification? 2. HDD: Will the Commonwealth The specs were updated to address the CPU on 3/26/2008. Please 9 accept a 5400RPM offering? This standard is far more common among industry offerings. 3. Battery: Will download the updated copy. 7200 RPM drives are the requirement. 8-cell the Commonwealth accept a 8 cell 71 W 4800 mAh 8-cell Li-ion battery with at least 3 hour of battery life? batteries are acceptable, as logn as minimum life requirement is met. Will our submission be rejected if not? The specs were updated to address dot pitch on 3/26/2008. Please 10 PC Monitor Requirements: '22" LCD .29 pitch 1280 x 1024, DVI and Analog interface: The underlined download the updated copy. 1280x1024 is not a widescreen resolution, it is resolution (1280 x 1024) is not available in this size. Do you mean to say 22" wide? standard aspect ratio(4:3). This requirement remains. Are these two references for reports using the same data or is the reference to separate and distinct reports? 'Also can you clarify the delivery mode between section c and d. Section c refers to daily web Section C is web based reports (agency procurement info only) and Section 11 reports and section d request all reports to be on a tabbed spreadsheet: confirm that the daily web reports 04/01/2008 1 D is Excel via e-mail (Enterprise and COSTARS) are for procurement only and that the reports described in section d refer to the report content described in section b. Question #: Question Response (Asset Tagging) Do we need to maintain a parent account with child accounts for the agency’s to allow 12 Yes for consolidates and individual agency reporting? If our product’s technical specification does not meet a mandatory requirement will we lose the technical 13 The products must meet or exceed the specifications given in the RFP. points associated with that product or possibly be disqualified? Pending EPEAT certification is acceptable as long as model certification is 14 Should our product’s EPEAT status be pending may we still bid that product without penalty? scheduled in 2008 Would the state entertain our bid as virtually all of our products will be EPEAT silver certified in 2009, but 15 See response to #14 not necessarily now? Would the state deem responsive a RFP response including two brands such as HP and Compaq since 16 No they are owned by the same company? Since most OEM warranties are 1 or 3 years, considering uniformity of service, is it advantageous for 17 CWOPA to call one number for service regardless of warranty status for the full 4 years? Yes 18 Offeror requests that CWOPA provide unlocked copies of the documents pertaining to this RFP. Please e-mail and ask I-4 Problem Statement - 'Offeror requests that CWOPA define “fleet optimization” and what is expected of 19 Please disregard "fleet optimization." us to fulfill this requirement. I-26 Offeror’s Representations and Authorizations – B. 'As a reseller, in the normal course of business, we are typically engaged in conversation with manufacturers regarding product pricing and other proposal deliverables. We recognize that this provision addresses matters of collusion; however the language is 20 No rather strong, precluding even communication with another respondent. Can this and other similar sections be modified to address errant rather than generally accepted consultation and communication?

IV-9 Licensed Operating System - 'Offeror requests that CWOPA clarify its requirements for uniformity for This section states that any internal component change that will affect the 21 all internal parts as well as what changes would warrant an advanced notice to the Commonwealth. software image on the hard disk requires advanced notice. IV-14 – A1. Value-Added Services - 'Offeror requests that CWOPA clarify Asset Recovery and what we 22 Pick up the unit and take away from site. Dispose of properly. are expected to provide to meet this requirement. IV-14 – B1. Value-Added Services - 'Offeror requests that CWOPA clarify your expectations for inside 23 delivery and installation. Is it expected that items will be delivered to higher floors by the courier? Will Yes, staging availability will need to be determined with the customer there be a staging area where products can be kept until installation takes place? IV-15 Transfer of Equipment - 'Is it acceptable to provide some of the items required to be on the box to 24 Yes be on the packing slip instead of on the box? Regarding the tablet configurations, since all “Leader Quadrant” hardware vendors offer unique options The requirements document was updated on 3/26/2008. This requirement is 25 with their tablet products, would the Commonwealth consider modifying the touch pad requirement to "highly desirable" “highly desirable”? Is the 22” wide monitor on the Standard and High-end Desktops tabs in addition to the ones that are 26 Yes being requested on the Monitor tab? 27 On the high end desktop will an 800 MHz front side be acceptable? Yes, the stated requirement is 800 MHz For the high end notebook, is the video memory integrated (shared) or dedicated? The requirements document was updated on 3/26/2008. The requirement is 28 "dedicated." Given the power and cooling advantages of Intel’s ultra-low voltage (ULV) processors, would the The requirements document was updated on 3/26/2008. The requirement is 29 Commonwealth consider a ULV processor for their convertible tablet? now a minimum GHz rating. Can the Contractor fix the lease pricing for a period of time, then tie those rates to the Two-Year US 30 No Treasury Notes? Appendix J, Section V(E) Return of Equipment states that the Commonwealth shall promptly return the equipment "as is", freight prepaid, to a location in the continental United States... Please confirm that the 31 Correct Contractor will need to include the cost for packing and shipping of the equipment in the lease pricing.

Does CWOPA have staff that needs to have training in the support and administration of the Operating 32 If needed, training would be provided to technical people. 04/01/2008System, office applications and/or tools? If so, could you describe that need? 2 33 How many users are you identifying that need to be trained? TBD Question #: Question Response 34 Is there a preferred method of delivery for the training? No 35 Do your users have access to the internet? Yes tem I-12 states ‘one (2) paper copy of the Cost Submittal’. Should vendors provide two (2) paper copies of the Cost Submittal? 36 Please send Two ( 2) copies of the Cost Submittal

Item I-12 states ‘two (2) paper copies of the Disadvantaged Business Submittal’, however II-9, a. iv states ‘The Offeror is required to submit only one copy of its Disadvantaged Business Submittal’. 37 Please send two (2) copies of Disadvantaged Business Submittal How many paper copies of the Disadvantaged Business Submittal should vendors provide?

Appendix D- Proposal Cover Sheet: Should this be included as the first page of the Technical proposal or 38 Separate, but very conspicuous should this be separate? Where should vendors place the required information requested in Item IV-4 - Tasks? Should this be 39 Work plan included under II-3 Work Plan or as an appendix? In the Disadvantaged Business Response, it is required that Small Disadvantaged Businesses submit 40 proof of US Citizenship. Would CWOPA provide examples of acceptable documents that would satisfy Please see certification requirements, section II-9 in the RFP the requirement? Item IV-3.d, states manuals to be available thru download only. Does ‘manuals’ refer to product user 41 Yes manuals? Please confirm that the required responses regarding vendor’s products in the Hardware Specifications 42 This is correct Spreadsheet should be included in the Technical Response. Are all ala carte services stand alone services or can the assumption be made that they will be purchased as additions to an install? For example does the ala carte asset tag price need to contain travel costs? 43 Ala carte services are to be considered standalone Or can it be assumed that it is in addition to an ala carte install and the travel costs be covered in the install cost? In order to manage Total Cost of Ownership does the Commonwealth require family level compatibility for of laptop peripherals such as docking stations, power supplies and optical drives? For enterprise level 44 Such requirements are not stated in the document. procurements this is a typical industry standard requested to reduce TCO.

Are all of the flat panel displays in the PC Monitor Requirements section to be wide aspect format? 45 Yes Can you clarify which of the two monitors shown on the Standard Thin Client tab of Appendix E is 46 22" is required requested? 47 Please provide historical percentage or quantities of leased vs purchased units The percentage is estimated to be 60% purchased and 40% leased. 48 What, if any, prepaid services have been purchased as part of the current contract for installed systems? Please refer to Section IV - 14. Do existing leased systems purchased under the current contract include de-installation and return 49 Yes. Please refer to Appenix J, Section V service? What specific tasks does this service cover?

50 Page 3 states that two (2) paper copies of the Disadvantaged Business Submittal shall be submitted by Please submit two copies. the Offerer. Section II-9-iv states that only one copy of the submittal is required. Please clairfy.

The Cost Tab indicates bundled services for 51 to 250 machines and 250+ machines. This is not The Commonwealth expects to receive a competitive price that may vary 51 explained in the RFP. Does the Commonwealth expect the Offeror to provide a quantity discount for based on the described thresholds mutually exclusive of location. bundled services? Does the Commonwealth expect that the discount will apply to a single location with more than 51 or 250 machines, or a single order with those quantities for multiple locations? The Cost Tab indicates a 25 mile service area radius. Could the Commonwealth define a description of The service area would be measured from a concentration of 52 the service area radius? Commonwealth agencies such as Harrisburg, PA. Please provide a description of the Managed logistics and asset recovery service items found on pages 53 These terms are standard industry language. 29 and 30 of the RFP. 04/01/2008 3 Question #: Question Response The Cost section indicates that each service item should be independently priced. Does the 54 Commonwealth desire that the Offeror provide a bundled price for 1 to 50 machines if all service items Yes are chosen by an agency? Page 3, please clarify the number of paper copies of the Cost Submittal. Currently it spells out one copy 55 Please submit two copies. but has (2) in parentheses. Page 14, Part II-3 Work Plan. The Commonwealth requests a work plan with a PERT chart. The questions in section IV do not seem to lend themselves to a PERT chart, does the Commonwealth want a The method of delivery is up to the bidder. However, all the items in Section 56 full project plan with each of the items in section IV listed or should offeror simply ans wer each item in IV need to be addressed. Section IV with a noarrative of the proposed approach? If the Offeror is using a Disadvantaged Business to provide the optional services provided under the 57 contract, how should the Offeror determine the percentage and dollar amount of the services for the Please contact Gayle Nuppnau at (717) 346-8105. Disadvantaged Business, as these services are to be chosen in the future by each agency? It is reasonable that a reseller can act as prime contractor although it is stated in IV-8 that offerors must 58 An offeror may be a manufacture or an authorized reseller be a manufacturer? 59 Please specifically define "reloading of all software" as outlined in Appendix G. The software would need to be reinstalled. The number of images have been declining due to an internal 60 Please provide estimates on number of images by agency and the size of those images. standardization effort. The exact number of images is unknown. In Section IV-14-B-2, specific to Asset Tagging, is Identification Tag Number solely a "soft tag" or is a The asset tag is a physical tag. Also, the inventory asset tag should be 61 physical tag also required? Also is CWOPA inventory asset tag identical for all agencies? identical for all agencies. 62 Please specifically define elements of all services including: Installation (i.e. technical services, connection to peripherals, join domain, add printers etc.) De-installation Asset Recovery Field Asset Tagging Managed Logistics These are standard industry terms and the Commonwealth believes that an F ield Imaging informed bidder should be familiar with the terms and definitions. Please CFI see Section IV-14. 60 Minutes Disk Wipe Data Migration Section II, titled Proposal Requirements, is an overview of the various components that need to be submitted with a bidder's response. As for 73 Please clarify if there is a difference between Section II-4 (Proposal Requirements) and Section IV-5 Section IV, Work Statement, it covers in great detail what is expected of a (Work Statement)? awarded offeror. 74 Is there a higher rating for a certified PA resident? No 75 You can define the 25 mile radius? Within a 25 mile radius anywhere in the state 76 Questions submitted Monday will they be posted to the web? Submit the questions again to be answered IT & Technical people will need training on the technical 77 Expected time of training? implementation. On an agency by agency basis as the need arises. This RFP does not 78 specifically require software training but it may be submitted as a How will we handle training requirements? Value Add. 79 Any usage detail on rugged ties? Very minimal With the removal of the leasing requirement from the RFP, are de-installation and disk wipe still 80 required as part of our proposed solution? The Commonwealth is not removing the leasing option. 04/01/2008 4 Question #: Question Response

04/01/2008 5 Commonwealth of Pennsylvania

Date: 4/21/2008 Subject: IT Personal Computers Solicitation/Bid Number: CN00027699 Opening Date/Time: 04/22/2008/ 4:00 PM EST Flyer Number: 3

To All Suppliers:

The Commonwealth of Pennsylvania defines a “Flyer” as an addition to or amendment of the original terms, conditions, specifications, or instructions of a procurement solicitation (e.g., Invitation for Bids or Request for Proposals).

List any and all changes: All sealed proposals are to be received by 4:00 PM on April 22, 2008 at the Department of General Services, 555 Walnut Street, Forum Place, 6th Floor, Harrisburg, PA 17101.

For electronic solicitation responses via the SRM portal:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • To attach the Flyer, download the Flyer and save to your computer. Move to ‘MY Notes”, use the “Browse” button to find the document you just saved and press “Add” to up load the document. • Review the Attributes section of your solicitation response to ensure you have responded, as required, to any questions relevant to flyers issued subsequent to the initial advertisement of this bid opportunity.

For solicitations where a “hard copy” (vs. electronic) response is requested:

• Attach this flyer to your solicitation response. Failure to do so may result in disqualification. • If you have already submitted a response to the original solicitation, you may either submit a new response, or return this flyer with a statement that your original response remains firm, by the due date to the following address: Forum Place, 6th Floor 555 Walnut Street Harrisbug, PA 17101-1914

Except as clarified and amended by this Flyer, the terms, conditions, specifications, and instructions of the solicitation and any previous flyers, remain as originally written.

Very truly yours,

Name: Jason Hicks Title: Associate Commodity Manager Phone: 717-346-8185 Email: [email protected]

Form Revised 06/29/2007 Page 1 of 1 Response to Commonwealth of Pennsylvania for RFP CN00027699

Dell Inc. | One Dell Way | Round Rock, TX 78682 | MS RR8-06 www.dell.com | 800.981.3355 www.dell.com April 18, 2008

Commonwealth of Pennsylvania Department of General Services 555 Walnut Street, 6th Floor Harrisburg, Pennsylvania

Attention: Mr. Jason Hicks Reference: RFP CN00027699 Subject: Enclosure of Dell Response 51213

Dear Jason Hicks:

Dell would like to thank the Commonwealth of Pennsylvania (hereinafter referred to as “CWOPA”) for the relationship we have built over the past four years. During this time Dell has been deploying, configuring, and supporting thousands of assets in the Commonwealth’s environment.

As the most customer-centric company in our industry, Dell leverages direct customer relationships to gain an in-depth understanding of each organization’s unique needs. We listen to what our customers like CWOPA have to say and rely on this feedback to constantly improve our systems, services and processes.

Over the past several years Dell has acquired several companies including ASAP software, Everdream, SilverBack Technologies, and others. These acquisitions not only make Dell a broader based supplier but it also helps us be more closely aligned with the needs of customers like CWOPA.

We believe CWOPA’s experiences over the past four years have proven Dell as the Best Value Hardware Provider and the Best Value Solutions Provider. Having this track record of success, it will not just be a promise, but a continued commitment to CWOPA for total program excellence. We also believe our experiences with CWOPA make our solution uniquely qualified as the best solution, meeting all of the stated requirements, as well as allowing for the implicit requirements that we have come to understand. Dell looks forward to continuing this strong partnership.

Should you have any questions regarding this response, please contact me at 800.981.3355 ext. 723- 1575 or online at [email protected]

Sincerely,

Meghan Flisakowski Regional Proposal Manager Dell Marketing L.P.

Dell Inc. | One Dell Way | Round Rock, TX 78682 | MS RR8-06 www.dell.com | 800.981.3355 CWOPA Table of Contents

TABLE OF CONTENTS

Table of Contents ...... 2

Proposal Cover Sheet ...... 5

Statement of the Problem ...... 6

Management Summary ...... 7 Introduction and Statement of Problem ...... 7 Proposed Products ...... 12 Solution Summary ...... 13

Work Plan ...... 14 Objectives ...... 14 Nature and Scope of the Project ...... 14 Requirements ...... 14 Emergency Preparedness ...... 14 Corporate Overview ...... 17 Dell Facts ...... 17 The Dell Effect ...... 18 Business Strategy ...... 18 Organization ...... 19 Corporate Experience ...... 20 Case Studies ...... 23 Products and Options Overview ...... 28 Dell Deployment Services ...... 28 Lot 1 — Standard and High End PC: Dell OptiPlex 755 ...... 28 Lot 1 — Standard and High End Notebook Computers: D630 / D830 ...... 30 Lot 1 — Standard and Convertible Tablet Computers: Dell Latitude XT ...... 31 Lot 1 — PC Monitors: Dell 22”, 24”, 27”, and 30” Flat Panel Displays ...... 32 Lot 2 — Ruggedized Notebook ...... 32 Lot 3 — Standard Thin Client: Wyse V90L ...... 33 Lot 3 — Laptop Thin Client: Wyse X90LE ...... 33 Proposed Services ...... 34 Dell Solution Summary ...... 35 Maintaining Price with Changing Technology ...... 36 Our Approach ...... 36 Internal Processes ...... 36 Transition Launch ...... 37 Why Dell? ...... 37 Successful Platform Migration ...... 38 Gartner Group Certifications ...... 38 Licensed Operation System ...... 40

Page 2 CWOPA Table of Contents

Warranty Services ...... 40 Technical Support Escalation Process ...... 41 Process Overview ...... 42 Distribution of Warranty Calls and Partner Network ...... 44 Dell knows from past call history for CWOPA that the following table characterizes the distribution of dispatches: ...... 44 Additional Warranty Offerings ...... 45 Reporting ...... 45 Rollout and Marketing Plan ...... 47 Our Vision for a Renewed Partnership ...... 47 Environmental Program ...... 50 Product Concept and Design ...... 50 Manufacturing and Operations ...... 51 Customer Experience ...... 51 Equipment Recovery and Recycling ...... 52 Electronic Products Environmental Assessment Tool (EPEAT) ...... 53 Energy Efficiency ...... 55 Wyse Products and the Environment ...... 56 Value Added Services ...... 57 Approach and Methodology for Providing Services ...... 59 Dell’s Manufacturing/Logistics Options ...... 68 Installation ...... 73 Asset Tagging ...... 73 Imaging ...... 74 De-Installation ...... 80 Hard Drive Cleaning ...... 81 Manufacturer’s Warranty Maintenance ...... 82 Additional Services ...... 83 Transfer of Equipment ...... 105 Staffing ...... 105 Web Site ...... 105 Powerful Simplicity: Premier.Dell.com ...... 106 Streamlined Purchasing Power ...... 106 Comprehensive, Accessible Tech Support ...... 109 Top Technical Solutions ...... 109 Electronic Interface ...... 110 Dell B2B E-Commerce Overview ...... 110 B2B Integration ...... 111 Order Tracking ...... 112 Confidentiality and Security ...... 113 Reports and Project Control ...... 113 Contract Requirements ...... 114

Prior Experience ...... 115

Page 3 CWOPA Table of Contents

Personnel ...... 116

Training ...... 117 Training Services ...... 117 Dell Hardware Training and Certifications ...... 117 Infrastructure Software and Certification Training ...... 117 PC Skills and Professional Development ...... 118

Financial Capability ...... 119

Terms and Conditions ...... 124

Co-Stars Questionnaire ...... 125

Domestic Workforce Questionnaire ...... 126

CWOPA Hardware Requirements ...... 127

Appendix A – Additional Information ...... 128

Appendix B – Deployment Statement of Work ...... 129

Page 4 CWOPA Proposal Cover Sheet

PROPOSAL COVER SHEET

Immediately following is the requested proposal cover sheet.

Page 5 CWOPA Statement of the Problem

STATEMENT OF THE PROBLEM

The Commonwealth of Pennsylvania (CWOPA) has issued RFP Number CN00027699 to provide an opportunity for leading information technology providers to present approaches to meeting desktop, and notebook computing needs for the next 2-5 years.

CWOPA intends to reduce the total cost of ownership of desktop computing and related services by channeling demand to a minimum number of standard configurations to leverage volume pricing. CWOPA expects the supplier to remain current with the Commonwealth’s strategic guidelines and direction, and facilitate initiatives to simplify IT platforms and practices to move toward a managed seat model. The supplier must also serve as an advisor to individual agencies by recommending specific products and services to meet their technology requirements

The supplier must develop and execute a plan that provides the highest possible level of customer satisfaction with the products and services delivered. In the conduct of business under this agreement, the supplier will also develop or expand partnerships with Disadvantaged Businesses within the state to the fullest extent possible to foster their skills development and long-term growth. The supplier will employ environmentally responsible practices throughout their own supply chain, and provide consultative services to CWOPA to assist in reducing technology-related energy consumption.

The supplier should strive to provide the Commonwealth with highly reliable hardware platforms based upon industry standards, and supported by responsive service. A business continuance plan is required to facilitate continued CWOPA agency operations in the event of a pandemic, natural disaster, or other emergency.

In addition, the supplier should develop a trusted partnership relationship with CWOPA that provides valuable insights in terms of new industry developments and trends, as well as best practices in asset management and service delivery.

Page 6 CWOPA Statement of the Problem

MANAGEMENT SUMMARY

Introduction and Statement of Problem

On behalf of Dell, we are pleased to submit our proposal for ‘Information Technology Personal Computing Sourced Contract’ to the Commonwealth of Pennsylvania (CWOPA). Having carefully reviewed all of your requirements, Dell has proposed the total solution that will provide CWOPA with the best overall pricing and total cost of ownership model, while ensuring the expert management, delivery, and product support for all executive agencies and locations across the entire Commonwealth. As the contract incumbent, Dell’s solution maintains our strengths, improves upon our opportunities, while maintaining alignment to the unique needs of agencies that we have come to understand over the past four years.

We understand that CWOPA is faced with many challenges for the client computer contract. Some of the key challenges are:

• To reduce the overall cost of ownership to all executive agencies across Pennsylvania for all of their projects • To procure the best hardware today and over the life of this contract period, and to ensure that the vendor will always be an industry leader in all areas of technology that are important to CWOPA • To receive the best management and delivery of all projects, and ensure total customer satisfaction for all projects from the largest Commonwealth wide deployment to the delivery of a single machine • To receive the best order processing support on the front end for each customer project along with a seamless integration into your SRM system • To procure the most reliable products as well as receive the most effective warranty and technical support to all locations in Pennsylvania • To receive 100% customer satisfaction across this entire contract, for the life of the contract, so that every agency, large or small, receives the most value, the best products and the best support that is possible based on the scope of CWOPA’s requirements • To receive contract reporting that allows for efficient management of the procurement and provides an accurate inputs into an asset management system (Remedy) The Most Experienced Company and Team to Ensure Total Project Success

The first element of Dell’s solution is our team. Dell’s commitment to delivering the complete solution begins with our management’s commitment and extends throughout the Dell organization and throughout our partner network. The executive team committing to the solution is:

• John Mullen, General Manager of Major Public Accounts for the Americas • Steve Harris, Area Vice President of Major Public Accounts for the Northeast and Mid Atlantic • Fran Bogle, Regional Sales Manager for the Northeast (PA resident) • Chris Wick, Regional Service Manager for the Northeast (PA resident) • David Lohr, Account Executive, dedicated to CWOPA (PA resident) The next element of Dell’s team is the local team (Harrisburg). David Lohr, the account executive, is the single point of contact responsible for the success of the program. David works with DGS, OA/OIT, and CWOPA agencies to understand the commonwealth’s technology requirements, and

Page 7 CWOPA Statement of the Problem

engage the resources of Dell and our partners to meet those needs. He also facilitates inquiries related to business processes (i.e., B2B, Accounts Receivable), and escalates any concerns related to product or customer experience with Dell.

Mike Gross, the service principal, is responsible for service delivery within the program, both in terms of managed deployments and warranty support. The Harrisburg based team is supported by the breadth and depth of Dell’s extended infrastructure shown in organization chart below:

The next element of the Dell team is Dell’s continued partnership with Transfer Technology for the Program Management Office (PMO). The core members of the PMO remain the same: Mark Kirsch, Doug Evans, and Bill Lord. This PMO team has been in place and managed every project large and small for the past four years under the existing contract. This same team is in place for the proposed solution, providing the experience and knowledge of successfully delivering four years of projects into the varied environments of the Commonwealths agencies.

The next element of the Dell team is our Disadvantage Business (DB) and Enterprise Zone (EZ) field service partners. Dell continues our commitment to deliver 100% of deployments via DB and EZ service partners. Dell has shifted the portfolio of companies, maintaining the partners that executed effectively and consistently delivered great customer experience, while adding partners in the Southwest and Northwest to enhance our geographic coverage of the Commonwealth. Our DB and EZ partners are:

Disadvantaged Businesses: • ACS (Absolute Computer Support): Kimberly Erle and Paul Kreamer o Deployments statewide with concentration in Eastern PA o Break/Fix in Philadelphia region • Parker and Parker: George Parker o Deployments in Philadelphia region • APM&C (American Personnel Management and Consulting): Pat Gingrich and Rich Beiber

Page 8 CWOPA Statement of the Problem

o Deployments statewide with concentration in Central PA • AEC Group: Marty Connelly and Brian Lesniakowski o Deployments statewide with concentration in Pittsburgh Region • Computer Showcase: Holly Jarzenski-Berlin o Deployments statewide with concentration in Northwest Region o Break/Fix in the Northwest • Techway: Cathi Coan and Rick Lewis o Disk wipe service and management Commonwealth wide Enterprise Zone Partners: • Penn Data: George Crist Jr. o Deployments statewide with concentration in Central PA • Penn Tech(WBE certification is in process): Kelly Intrieri, Tony Intrieri, and Pete Schrum o Deployments statewide with concentration in Central PA o Break/Fix in Harrisburg region • Transfer Technology: Mark Kirsch, Doug Evans, and Bill Lord o Program wide project management The final element of the Dell team is the support team. Support to the Commonwealth will continue to be provided via a dedicated queue managed by Brian Bittner. The queue is staffed in two domestic locations, Round Rock, TX and Oklahoma City, OK. Brain has managed this queue for the past three years and will continue to be responsible for all CWOPA support. In the field Qualxserv will continue to service the break/fix calls on about half of the calls. This is the same team that has delivered the quality support that CWOPA has experienced in the current contract. The Best Technology Solution – Now and for the Future!

In 2007, Dell won more than 400 awards for its products. Our notebooks were among the most recognized, demonstrating our significant attention to innovative design and customer experience. We’ll be raising the bar again shortly with the introduction of the leading edge Latitude E Series notebook family.

Here are a few reasons why Dell is the leading PC supplier in the United States:

• Dell’s direct model allows proactive remedy of known industry-wide issues • Serviceability is engineered into every OptiPlex: better tool-less chassis design; DirectDetect providing simple diagnostic lights. • Online image customization tools: ImageDirect is unique & dynamic • Advanced Configuration Services • Custom Factory Imaging • Remote Management - scalable, open options. Free Dell Client Manager tool across all OptiPlex platforms. Flexible upgrade path from ASF 2.0 to vPro in the OptiPlex 755. • Dell makes transitions simple: our direct relationship ensures planning, deployment services take the burden off the customer • Dell factory-enabled Energy Smart software settings conserve energy by putting systems into a

Page 9 CWOPA Statement of the Problem

low-energy sleep state after 15 minutes of inactivity. • Chassis choice & uniformity: all OptiPlex share the same 4 form factors (design, naming, sizes, and shared image within platform). Proven CWOPA Support Infrastructure

Whether you are placing an order for a single machine, or executing a Commonwealth wide deployment for 10,000 devices, Dell has the support infrastructure in place to support you. • Order Entry – Dell is already integrated with your SAP system. As a designated electronic vendor we are able to meet your electronic ordering and invoicing requirements. All price guides and configurations are maintained by Dell online in the PA State Store pages. Dell coordinates all price guide changes after DGS approval, eliminating the need for agency procurement to keep track of the latest pricing and product changes. Dell maintains a business to business (B2B) interface with the Commonwealth’s SAP system. As one of the Commonwealth’s first electronic vendors, we have reduced the time and personnel needed to order the equipment and services used by agencies. • Build, Box, Ship – You tell us when the “when” and “where” and we figure out the “how” to meet your inside delivery requirements. Your local Dell account team, Transfer Technology, and our extended Dell team, work together to coordinate your direct shipment, requested inside delivery, or managed logistics solutions for all of your equipment purchases and projects. • Services – Nine companies with over 60 personnel are standing by to supplement your internal IT staff. We are committed to providing the lowest cost service solutions in order to reduce your IT complexity. We are offering the traditional services you have become accustomed to as well as some new offerings, all of which are designed to allow your IT technical staff to focus on what is important to you. Installation, De-installation, Disk Wipe, Hard Drive Removal, Imaging, Managed Logistics, Reverse Logistics, CFI, ARS, Additional Technician Time, and Image Consulting are all part of the new service offering. In addition you can receive these services at a discount when choosing the service bundle, or they can be purchased individual to better meet your agency specific service requirements. • Warranty Service – We hope you experience this less, but inevitably things fail. We are offering a single 1-800 phone number for servicing your new contract and old contract equipment. In addition to placing and tracking your trouble tickets via phone, we will also provide you the ability to place and track your tickets via the web. Did you know over the last year Dell delivered service at 99.21%? We are utilizing the same service desk. We have vendors within the state who understand your equipment, environment and will continue to deliver the highest possible support for all of your equipment.

Page 10 CWOPA Statement of the Problem

Program Improvements to Enhance your Dell Experience & Customer Satisfaction

As the incumbent to the existing contract, Dell recognizes we have an opportunity improve our solution based on our experiences with the Commonwealth. We have included several subtle changes in our solution that will align with the implied requirements and unique needs of agencies. These solution enhancements are:

Asset Tracking System (ATS): online asset tracking system, aggregating order, logistics, deployment, warranty, and lease information for the entire CWOPA program. Dell has added ATS (Asset Tracking System) to the existing contract and includes it as part of our proposal for this RFP. ATS is an online asset management system that provides service tag level information for all Dell assets procured by CWOPA. It provides useful information such as order, logistics, deployment, disk wipe logs, warranty, and lease information for the entire CWOPA program. Several of Dell’s large customers utilize ATS to load their Remedy databases. To help CWOPA understand both our system and the value it can offer CWOPA, we have created a temporary log-in for CWOPA. Our system can be found at:

https://www.d-dms.com/Reports/Pages/Folder.aspx?ItemPath=%2fCWOPA&ViewMode=List User Name: CWOPA Password: DellValue#1 (case sensitive)

The detailed description of ATS can be found in the main body of the proposal.

Support enhancements: Dell has included the requirement to call both the Dell service desk and the customer service desk when closing service calls in the proposed service contracts. This enhancement is in response to feedback Dell has received during the course of providing service to the Commonwealth.

ASAP Software: In 2007, Dell acquired ASAP, incumbent software supplier to Pennsylvania and approximately 34 other states. As we integrate the ASAP organization within the Dell culture, our customers can expect to reap additional value from our partnership.

We’re demonstrating that value now by including 5,000 free one-year licenses to the ASAP’s eSmart Management tool to better track hardware and software assets.

Asset Recovery Service: Dell is improving our asset recovery offering by consolidating assets to central off site collection point at the time of deployment, minimizing the disruption to the customer environment. All equipment being recovered will be inventoried, and removed from the customer site in conjunction with the deployment project. This enhancement eliminates the need and hassle of temporary customer storage and also eliminates the need for a second customer contact. The balance of the asset recovery services is the same high quality recovery service CWOPA has traditionally received from Dell.

Local Resource Investments: Dell will make additional investments in trial, or loaner hardware platforms to meet increased agency demand for “hands on” evaluation of new technology. This is driven in part by the desire of users to evaluate the physical form factor and function of various notebook computer models. The evaluation pool will be available in the Harrisburg area. Arrangements can be made for other incremental needs.

Dell’s commitment to CWOPA is to deliver the best possible overall program. It is an engrained part of our culture to continually improve our solution. We believe we have done this in the past and commit to continuous improvement in the future.

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Increased Minority, Woman-Owned and Small Disadvantaged Business/Enterprise Zone participation

Dell has embraced the Commonwealth’s desire to leverage Disadvantaged and Enterprise Zone businesses. Over the past four years, 100% of the deployment work with the existing contract has been delivered via DB and EZ businesses. Dell will maintain this commitment and extended it in our proposal for the client RFP. We have evaluated our total solution for opportunities to leverage DB and EZ businesses and included several. We have added four new partners to our portfolio, enhancing our complete geographic coverage of the Commonwealth. We have also added a process to dispatch break/fix calls to DB and EZ partners. We will do this in the Harrisburg and Philadelphia areas; providing a dedicated team tuned to the unique needs of the agencies (Qualxserv will continue to support the balance of the Commonwealth). Dell will utilize Techway, a PA certified DB, to meet the requirements for disk wipe and the associated records (Techway is our sole partner for this service nationally today). Our complete portfolio of partners and their role in the solution is detailed above in the team section. We believe our portfolio of DB and EZ partners provide significant capability and value to the solution, while fulfilling the DB and EZ commitments.

Proposed Products

The products we are proposing to CWOPA based on the RFP specifications are outlined in the following table.

Products specifically Lot Included in this RFP Extended Product Family # response • Dell holds a commanding market share of personal computers in OptiPlex 755 the United States. 1 • CWOPA agencies have invested in over 50,000 OptiPlex desktops over the past four years.

Latitude • Thousands of CWOPA employees rely upon Latitude notebooks Notebooks for portable productivity.

Coming Summer 2008: Latitude E Series

Business-class reliability, leading edge design.

Latitude XT Tablet • Versatile, convertible tablet in the Latitude family

2 Latitude ATG • Tough notebooks part of the best-selling Latitude family than Ruggedized Notebooks includes the new military-spec Latitude XFR.

• Dell is one of Wyse’ largest resellers, with an installed base of 3 Wyse Thin Clients over 2,500 Wyse terminals installed in CWOPA agencies across the Commonwealth

• Dell thin client offerings also include our Flexible Computing product family.

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Solution Summary

As your partnership with Dell under this agreement approaches four years, we would like to thank you for the confidence you have placed in us as your technology provider.

As our relationship began, we resolved to reduce the complexity in the environment. The installed hardware base included dozens of incompatible platforms with limited lifecycles from manufacturers that held varying degrees of commitment to the desktop computing space.

Project management for large-scale deployments presented a significant challenge and support varied by vendor, reseller, and region. Out-of--box reliability issues (“DOA” machines) were not uncommon and routine maintenance was inconvenient to arrange and inconsistently delivered from multiple sources. These factors represented huge barriers to the implementation of a cohesive IT strategy that would improve manageability and reduce costs. Multiple purchasing processes were needed to work with numerous suppliers providing desktop IT technology and services.

Today, our agencies receive stable, consistently reliable platforms with long lifecycles that foster standardization and improved image management. Your investment in Dell technology statewide is supported by world-class service and support.

Together we’ve made great progress. We recognize, however, that work remains to be done.

We share your vision of continuous improvement, reduced complexity, and better asset management while reducing IT infrastructure costs. Our renewal proposal addresses these objectives, while increasing our commitments to the profitable growth and development of our Disadvantaged Business partners.

We’ve established a strong track record of consistently meeting and exceeding your expectations for delivering reliable hardware platforms and consistent and responsive service.

We’re uniquely positioned to ensure immediate progress toward your information technology vision, and reconfirm our continuing commitment to delivering total program excellence for the Commonwealth of Pennsylvania.

We hope to underscore this commitment going forward with the same message of appreciation we delivered four years ago.

Thank you for choosing Dell.

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WORK PLAN

Enclosed in the following section is Dell’s narrative describing how we will accomplish the Commonwealth’s objectives detailed in CWOPA’s recent RFP for information technology personal computing equipment. This section follows the requested outline of Part IV for the RFP. A detailed PERT chart can be found in the Value Added Services section of this response. An indication of which tasks will be performed by subcontractors can be found in the same area of Dell’s RFP Response. Objectives

Dell acknowledges this request and can comply.

Nature and Scope of the Project

Dell acknowledges this request and can comply.

Requirements

Dell acknowledges requirements IV-3 a, b, c, d, e and can comply.

Emergency Preparedness

Our ability to support continuity of operations during an emergency, or pandemic, is outlined below in three areas: (1) our ability to anticipate & prepare in advance for such events at a CWOPA or a Dell site, (2) Dell’s own disaster recovery plan, and (3) our plan to rapidly provide IT infrastructure to CWOPA. Dell Enterprise Command Centers: Our Early Warning System

Dell's Enterprise Command Centers (ECC) located in the United States, China, Ireland, Japan and Malaysia help meet your critical IT needs with prompt, comprehensive resolutions to solve your complex problems. Based on the crisis management best practices of crisis centers such as 911, the ECC uses industry-leading, real-time technologies to speed problem resolution, efficiently route spare parts and direct expert technicians to your site. Even during a natural disaster, the experts in the ECC have the tools to do what is necessary to get your critical systems up and running, and keep them there. Some of these tools include:

• Live news and weather feeds to proactively identify national problems that might cause customer service delays • Mapping programs that may be used during a natural disaster, power outage or virus attack to efficiently mobilize and route emergency resources • Real-time tracking for management of incidents, technicians and service parts • Critical situation procedures for analyzing and recommending solutions during major crises • Critical management teams that include Dell experts and experts from partners such as Microsoft® , Oracle® , VERITAS® and EMC

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Dell ECC provide an “early warning” system that would enable us to anticipate and respond to developments that would impact either our operations worldwide, or our ability to support critical services of the Commonwealth of Pennsylvania. Dell’s Disaster Recovery Plan

The company manufactures its computer systems in seven locations: Austin, Texas; Nashville, Tenn.; Winston-Salem, North Carolina; Hortolandia, Brazil (Americas); Limerick, Ireland (Europe, Middle East and Africa); Penang, Malaysia (Asia Pacific and Japan) and Xiamen, China (China). Dell sells its products and services worldwide. This geographical diversity is the key to our current recovery posture in the event of a total manufacturing site loss. Despite logistics and technology challenges, the current procedure for a manufacturing interruption is to reroute a percentage of our orders to an alternate-manufacturing site. This temporary procedure will be continuously analyzed and validated in future planning cycles with the manufacturing sites.

Enterprise Resumption Planning

Dell recognizes Enterprise Resumption planning as an essential global corporate activity and follows an approach that would be considered standard within the industry. Dell regularly conducts a global Business Impact Analysis (BIA) that includes all of its major operations. This analysis is used as a basis for identifying and prioritizing high exposure risks in each region or business unit. Dell approaches Enterprise Resumption planning along three distinct, parallel paths:

• Crisis Management & Communications • Information Technology – Disaster Recovery, and • Business Recovery. Dell's Crisis Communications & Management Program is focused on the company's general business activities. The program addresses responses to, and business recovery from, disasters such as:

• Inability to access a facility • Personnel loss • Loss of systems and equipment resulting from flood, fire, weather, etc. Plans developed under this program specify the communication actions and detailed tasks that must be performed at the time of a disaster and the period immediately following the occurrence, to enable the continuance of normal business operations. Dell's Information Technology - Disaster Recovery Program provides the ability to recover the company’s mission critical Information Technology (I/T) applications and infrastructure. The components include Global Data Centers, network and telecom redundancy, and ongoing testing of application recovery capabilities.

Dell's Business Recovery Program focuses on key business units, which have been identified, assessed, and quantified by level of exposure. The level of exposure enables the prioritization of the effort for developing continuation plans for the business units. The risks are managed through continuation plans that address:

• The initial response to a system failure • Business activity during the failure • Recovery activities after system restoration.

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Continuation / Rapid Recovery plans are in place for critical business areas. Among these are plans that define the processes for ensuring continuity of service for our customers, in areas such as:

• Acceptance of orders • Manufacturing • Shipping • Service • Supply Chain interruption Business continuity and recovery planning efforts are components of an ongoing and dynamic program that is reviewed on a regular basis or when a significant change in the business occurs. As such, training, testing, and improvement of the overall process, are ongoing. These three interrelated programs comprise Dell's Global BCRP initiatives and represent our focused efforts to address the risks of business interruption in a pro-active manner. Emergency Preparedness for the Commonwealth of Pennsylvania

Dell Public Sector Operations has developed an emergency response program to support the timely resumption of state government operations in the event of an emergency or pandemic.

Please see Appendix for an example of this program at it could be tailored to meet the requirements of the Commonwealth of PA.

In summary, this plan provides the following:

• Awareness materials • Data Center Posters • IT Department Awareness materials • Business Card format Dell Emergency Contacts • Process Alignment between Dell & CWOPA • Fast Track Procurement • Rapid Delivery & Deployment Processes The Dell Account Team will work with the PA Department of General Services as well as the Office of Administration/Office of Information Technology to refine our program to meet the approval of both organizations and support the existing framework for emergency procurements.

Please understand that the information offered to the Commonwealth of Pennsylvania as it relates to Dell’s Enterprise Resumption Planning is not intended as a certification or an express or implied warranty.

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Corporate Overview

Dell Facts

Dell Inc. listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. Dell's climb to market leadership is the result of a persistent focus on delivering the best possible customer experience by directly selling standards-based computing products and services. Revenue for the last four quarters totaled $57.5 billion and the company employs approximately 90,500 team members around the globe.

Dell listens to customers and delivers innovative technology and services they trust and value. As a leading technology company, we offer a broad range of product categories, including systems, storage, servers and networking products, mobility products, software and peripherals, and enhanced services. We are the number one supplier of systems in the United States, and the number two supplier worldwide.

Our company was founded in 1984 by on a simple concept: by selling computer systems directly to customers, we can best understand their needs and efficiently provide the most effective computing solutions to meet those needs. Our corporate headquarters are located in Round Rock, Texas, and we conduct operations worldwide through subsidiaries. We operate principally in one industry, and we manage our business in three geographic regions: the Americas; Europe, Middle East and Africa (“EMEA”); and Asia Pacific-Japan (“APJ”).

Dell has manufacturing facilities located in Austin, Texas; Lebanon and Nashville, Tennessee; Winston-Salem, North Carolina; West Chester, Ohio; Miami, Florida; Eldorado do Sul, Brazil (Americas); Limerick and Athlone, Ireland (Europe, Middle East and Africa); Penang, Malaysia (Asia Pacific and Japan); and Xiamen, China (China). Manufacturing plants in Chennai, India opened in the first half of Fiscal 2008 and Lodz, Poland will open later in fiscal 2008. All facilities manufacture Dell computers, provide system integration, and are ISO 9001 certified. These manufacturing and configuration facilities all ship custom configured Dell products directly to end user locations via your choice of shipping methods. All tools and processes are consistent worldwide, defined and approved by the engineering groups. All parts are held to the same specifications. Globally, there are usually multiple vendors approved for many of our components, but the process is managed by Dell Worldwide Configuration Management services targeted to ensure global consistency.

• Dell’s Austin Manufacturing Facility (AMF) builds and ships all products to all of the Americas including the continental U.S., Canada, South America, Latin America and the Caribbean (except Cuba). • Dell’s Tennessee Manufacturing and Fulfillment Facilities build and ship and OptiPlex desktop PCs and perform the final assembly of and Latitude notebook computers for customers within the Americas including the continental US, Canada, South America, Latin America and the Caribbean (except Cuba). • Dell’s Winston-Salem Manufacturing Facility builds and ships Dell's OptiPlex and Dimension desktop systems for US East Coast business and consumer customers.

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• Dell’s European Manufacturing Facility (EMF) builds and ships all products to Europe, the Middle East and Africa. • Dell’s Asia-Pacific Manufacturing Facility (APCC) builds and ships all products to all Asia Pacific countries and all products except desktop systems to Japan. • Dell’s Xiamen Manufacturing Facility (CCC) builds and ships products to the emerging markets of China and desktop systems to Japan. Dell’s Brazil Manufacturing Facilities (BCC & BRH1) build and ship products to Brazil, Colombia, Argentina and Chile

We are committed to managing and operating our business in a responsible and sustainable manner around the globe. This includes our commitment to environmental responsibility in all areas of our business. We recently set an ambitious long-term goal to be the “greenest technology company on the planet,” and have a number of efforts that take the environment into account at every stage of the product lifecycle.

The Dell Effect

For more than 23 years, Dell has revolutionized the industry to make computing accessible to customers around the globe, including businesses, institutional organizations and individual consumers. Because of Dell's direct model—and the industry's response to it—information technology is more powerful, easier to use and more affordable, giving customers the opportunity to take advantage of powerful new tools to improve their businesses and personal lives.

Dell has demonstrated this effect time and again as it enters new, standardized product categories, such as network servers, workstations, mobility products, printers and other electronic accessories. Nearly one out of every five standards-based computer system sold in the world today is a Dell. This global reach indicates our direct approach is relevant across product lines, regions and customer segments.

Business Strategy

Our business strategy is evolving as we combine our direct customer model with relevant technologies and solutions, highly efficient manufacturing and logistics, and new distribution channels to reach commercial customers and individual consumers around the world. Using this strategy, we strive to provide the best possible customer experience by offering superior value; high-quality, relevant technology; customized systems; superior service and support; and differentiated products and services that are easy to buy and use. Historically, our growth has been driven organically from our core businesses. Recently, we have begun to pursue a targeted acquisition strategy designed to augment areas of our business to gain more access to products, services, and technology that our customers value.

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Organization

Subcontractors

Based on our successful track record helping other larger Public institutions with complex technology projects, Dell has developed and refined our approach for leverage the right resources at the right time. For CWOPA, we anticipate leverage subcontractors to perform key activities including: 1) system deployment, 2) system repair and 3) system disposal. Show below is a high-level organization chart that summaries the mix of Dell and Dell Subcontractor resources. Additional information about our subcontracts follows this graphic.

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Dell Delivery Team

The table below outlines the primary customer-facing Dell team contacts as well as the extensive partnership infrastructure we’ve put in place to deliver world-class client technologies to CWOPA agency locations across the state. It is important to note that the majority of the resources listed in the following table have significant experience working with CWOPA

Function Name/Partner Location Principal Responsibilities • Dell’s overall account Relationship David Lohr Harrisburg relationship with the Management Account Executive Commonwealth • Day/day sales activities, Terri Green Round Rock, TX including quotations & account Inside Sales Rep. issues

• Project Management Office Services Mike Gross Oversight Delivery Services Delivery Harrisburg • Delivery of Value Added Principal Services • Program Management Office Project Transfer • Works with CWOPA agencies Management Technology Harrisburg to meet services delivery needs • Provides deskside consultative services (ie, imaging assistance) • Manages DISPs who perform on-site work • Disk-wipes • ACS Professional • AEC • MBE/WBE/Enterprise Zone Service • APMC Various partners providing Providers • Computer maintenance, logistics, Showcase Locations installation, de-installation, • Parker & Parker consulting, and other value- • Penn Data Statewide added services. • Penn Tech Deployments • Transfer Technology • Additional Maintenance Statewide • On-site maintenance • Qualxserve Maintenance Coverage

Corporate Experience

Dell has provided IT products and services similar to those requested by CWOPA to hundreds of customers. Below, Dell has provided a sampling of those customers across all business segments such as Health care, manufacturing, financial services, Federal, Education, and State and Local Government. Some of these customers use multiples services while others may only use one. These

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customers have been working with Dell for varying periods of time.

Services Client Systems Asset Number of Desk Deployment Customer B/F Services Recovery Seats Services

New York DOE ⌧ ⌧ ⌧ 350,000

State of PA ⌧ ⌧ 80,000

AXA ⌧ ⌧ ⌧ ⌧ 65,000

Unilever ⌧ ⌧ ⌧ 64,000

Chicago Public Schools ⌧ ⌧ ⌧ ⌧ 60,000

Boeing (Managed Print) ⌧ ⌧ ⌧ 34,000

DuPont ⌧ ⌧ ⌧ ⌧ 23,000

Louisiana DOE ⌧ ⌧ ⌧ 8,000

State of KY ⌧ ⌧ ⌧ 4,500

Dell respects the confidentiality of our clients and does not tend to publish lists of our commercial accounts, however, illustrated below is a representative list of our public funded accounts. These accounts are provided here to illustrate the breadth and depth of Dell’s services customers.

Recent Federal Services Customers

• ARMY - ARMY RESEARCH LABORATORY • HSD - BUREAU OF CUSTOMS AND BORDER PROTECTION (CBP) • ARMY - DEPT OF ARMY ADMIN / ARMY OTHER • HSD - BUREAU OF IMMIGRATION AND CUSTOMS • ARMY - FORT BELVOIR - DOIM (ALEXANDRIA, VIRGINIA ENFORCEMENT

• ARMY - FORT BRAGG - ADMIN / OTHER (FAYETTEVILLE, • HSD - TRANSPORTATION SECURITY ADMINISTRATION NORTH CAROLINA • HSD - UNITED STATES COAST GUARD • ARMY - FORT CAMPBELL - DOIM • HSD - US CITIZENSHIP and IMMIGRATION SERVICE • ARMY - FORT HOOD • INTELLIGENCE - NATIONAL GEOSPATIAL INTEL AGENCY • ARMY - FORT MONMOUTH (NGA)

• ARMY - FORT SHAFTER (HQ USARPAC) • INTELLIGENCE - NATIONAL SECURITY AGENCY (NSA) - INDIRECT • ARMY - SCHOFIELD BARRACKS • JUSTICE - DRUG ENFORCEMENT ADMINISTRATION (DEA) • CUSTOMER CARE - DIS [SHARED] • JUSTICE - FEDERAL BUREAU OF INVESTIGATION • DEFENSE CONTRACT AUDIT AGENCY (DCAA) - HQ • NASA - SPACE SCIENCE - LYNDON B. JOHNSON SPACE • DEFENSE INFORMATION SYSTEMS AGENCY (DISA) CEN

• DEPT OF NAVY - NMCI - NAVY MARINE CORPS INTRANET • NAVAL SPAWAR SYSTEMS CTR - CHARLESTON

• DHHS - CENTERS FOR DISEASE CONTROL (CDC) - ADMIN / • NAVAL STATION - PEARL HARBOR

• DOC - BUREAU OF THE CENSUS • NAVY - SPAWAR SYSTEMS CTR

• DOE - SANDIA NATIONAL LABORATORY (NM) • USAF - HANSCOM AIR FORCE BASE

• DOT - FEDERAL AVIATION ADMINISTRATION (FAA) • VHA - VISN 5 - CAPITOL (MD, WASHINGTON, DC, MARTIN • ENVIRONMENTAL PROTECTION AGENCY (EPA)

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Recent K-12 Education Services Customers

• AUSTIN, TEXAS IND SCHOOL DISTRICT • NEW YORK CITY PUBLIC SCHOOLS

• BROWARD COUNTY SCHOOL DISTRICT • NORTH EAST IND SCHOOL DISTRICT

• CHICAGO PUBLIC SCHOOL DIST 299 • OKLAHOMA CITY SCHOOL DIST I-89

• CLAYTON COUNTY PUBLIC SCHOOLS • ORANGE CO SCHOOL DISTRICT, ORLANDO, FL

• COBB COUNTY SCHOOL DISTRICT • PALM BEACH CO SCHOOL DISTRICT

• DETROIT PUBLIC SCHOOL DISTRICT • PINELLAS COLORADO SCHOOL DISTRICT

• FULTON COUNTY SCHOOL DISTRICT, ALPHARETTA, • PRINCE GEORGES COLORADO SCHOOL DIST GEORGIA • RICHLAND COLORADO SCHOOL DISTRICT 1 • IRVING IND SCHOOL DISTRICT • SAN ANTONIO IND SCHOOL DIST • NEW ORLEANS PUBLIC SCH DIST • WICHITA UNIFIED SCH DIST 259

Recent State and Local Government Services Customers

• ADMINISTRATION DEPARTMENT, STATE OF INDIANA • HEALTH AND HOSPITALS DEPARTMENT

• ADMINISTRATION DEPARTMENT, STATE OF NEVADA • HEALTH AND HUMAN RESOURCES SECRETARIAT

• ALAMEDA COUNTY, CALIFORNIA • HEALTH AND HUMAN SERVICES

• ARLINGTON COUNTY, VIRGINIA • HEALTH AND HUMAN SERVICES DEPARTMENT, STATE OF NORTH CAROLINA • ATLANTA, GEORGIA • HEALTH AND SENIOR SERVICES DEPARTMENT • ATTORNEY GENERAL (JUSTICE DEPARTMENT) • HEALTH DEPARTMENT, STATE OF NEW YORK • ATTORNEY GENERAL'S OFFICE (LAW AND PUBLIC SAFETY ) • HEALTH DEPARTMENT, STATE OF NEW YORK

• ATTORNEY GENERAL'S OFFICE (LAW DEPARTMENT), • HEALTH DEPARTMENT, STATE OF OHIO STATE OF NY • HEALTH DEPARTMENT, STATE OF PENNSYLVANIA • BATON ROUGE-EAST BATON ROUGE, LOUISIANA • HEALTH SERVICES CABINET • BROWARD COUNTY SHERIFF ORGANIZATION • HUMAN SERVICES DEPARTMENT, STATE OF ARKANSAS • BROWARD COUNTY, FLORIDA • HUMAN SERVICES DEPARTMENT, STATE OF NEW • CORRECTIONS DEPARTMENT, STATE OF FLORIDA JERSEY

• DADE CO SCHOOL DISTRICT, MIAMI, FLORIDA • INFORMATION TECHNOLOGY SERVICES DIVISION (ITSD), MO • DEKALB COUNTY, GEORGIA • KERN COUNTY, CALIFORNIA • DENVER, COLORADO • KING COUNTY, WASHINGTON • ENVIRONMENTAL CONSERVATION DEPARTMENT, STATE OF NEW YORK • KINGS COUNTY, CALIFORNIA

• ENVIRONMENTAL PROTECTION DEPARTMENT, STATE • LOUSIANA DEPT OF EDU - K12 OF PENNSYLVANIA • LABOR AND INDUSTRY DEPARTMENT, STATE OF • FAIRFAX COUNTY, VIRGINIA PENNSYLVANIA

• FRESNO COUNTY, CALIFORNIA • LABOR DEPARTMENT, STATE OF NEW JERSEY

• GEORGETOWN CO SCHOOL DISTRICT • LARAMIE CO SCHOOL DISTRICT 1

• GOVERNOR'S OFFICE, STATE OF PENNSYLVANIA • LEE COUNTY, FLORIDA

• GWINNETT COUNTY, GEORGIA • LOS ANGELES, CALIFORNIA

Please see Prior Experience for Dell’s customer surveys.

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Case Studies

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Products and Options Overview

Dell Deployment Services

To stay ahead and efficient, the Commonwealth must regularly update technology and mobility infrastructure to current standards. Dell makes this easy with deployment service options that are designed to provide everything you need to optimize deployment no matter your scale, keeping costs down and helping to improve user experience.

• Dell's ImageDirect is a web-based, hosted image tool that helps make it easy for you to create, manage and load your custom images to Dell client systems. • iAMT and VPRO Support through several different options. Through Custom Factory Integration, ease deployment by having unique passwords pre-populated into your systems. As an alternative, Dell Managed Service provides 'on the ground' provisioning for standard AMT. Other options include pre-configured management settings at the point of purchase, providing no-touch deployment helping to save time and money. • Microsoft Windows Vista Assessment and Dell Deployment can help you assess your PC deployment process to Windows Vista, recommending ways to help improve the process and maximize your IT return. The Dell Direct Advantage

Dell's Direct Model allows us to detect, diagnose and resolve any quality issues that arise quickly and efficiently. And because of our continuous cycle of improvements, OptiPlex systems are designed to be more reliable than ever - which helps maximize uptime for end users.

In fact, Dell was given Frost & Sullivan's "CEO Choice" Award for Most Reliable Desktop Manufacturer in North America (September 2005) and Europe (December 2005). In 2006, Frost & Sullivan named Dell as its recipient of the Highest Quality and Most Reliable Desktop Manufacturer in North America CEO Choice Award.

Lot 1 — Standard and High End PC: Dell OptiPlex 755

Dell OptiPlexTM 755 Robust mainstream desktop designed to meet your needs, now and in the future. Dell OptiPlex desktops are perfect for large organizations looking for a scalable and manageable mainstream business solution designed to simplify operations and deliver proactive security and energy efficient performance.

A Simple and Elegant Solution for IT

Desktop problems, upgrades, security… It's been impossible for IT to really "be there" for everyone and everything. The Dell OptiPlex 755, however, will change all that for IT departments everywhere. Developed through feedback from Dell customers, it offers remote management tools that help simplify upgrades, security, power consumption and even break/fix problems so more can be done from one place: The IT professional's desk. And with Dell deployment services options, it comes as only Dell brings it to you: Customizable to meet specific needs so you can reduce operational costs, help increase productivity and be ready for what's next.

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Advanced Remote IT Management

The Dell OptiPlex 755 offers enhanced management and control with Intel® vProTM processor technology, allowing IT staff excellent flexibility, high efficiency and reduced desk-side troubleshooting. So you can get more done around the office without having to run around - and you have more time for projects that can help an enterprise work better, faster and more efficiently.

• Intel vPro Processor Technology. Designed to help reduce IT costs with simple, remote management from the IT console, Intel vPro helps extend management and protection. So you can turn desktops on and off remotely, do more remote troubleshooting, and protect your system through virtual, 'always-on' security. And Dell offers vPro on every OptiPlex 755 form factor2 so you can get it where you need it, across the enterprise. • Industry standard-ready hardware management helps make systems management easy, highly efficient and secure with encrypted communications between the management console & client (versus ASF 2.0) • Dell Client Manager is available for download at no cost for Dell customers. This management console allows IT to take advantage of the advanced management features available on the OptiPlex 755, including secure remote power control, streamline provisioning and software patching, monitoring hardware with pre-defined alerts, remote troubleshooting and repair. Power Efficiency

Dell offers an approach to energy that others don't. We think beyond the power supply to power management across the enterprise. That's why the OptiPlex 755 not only gives you default Energy Smart Configurations but tools like an online energy calculator to help you choose configurations that best fit your needs. We believe that saving your resources should go hand in hand with saving the Earth's resources.

• Energy Smart power management settings enabled out of the Dell factory, consumes up to 54% less power than systems disabling power management.1 • Energy Star 4.0 certification , available on select configurations. • Dell's 80% efficient power supplies are up to 10 - 12% more efficient than previous generation power supplies. • Energy Efficient, Intel Core 2 Duo processors can deliver high performance with excellent energy efficiency. Smart Security

The Dell OptiPlex 755 gives you advanced security options to help keep your data secure real-time. Beyond just RAID support, the system offers proactive security features from vPro, and advanced remote management capabilities.

• Data Security and Recovery with RAID 1 support ensures real time redundancy for data - helping to keep your business files intact and accessible. • Proactive Security features with Intel® vProTM technology Helps simplify many security functions including guarding against malicious attacks, isolation of virus infected PCs and fast security patch deployment to help keep your system safe and secure. • TPM 1. 2 helps protect the network from unauthorized access, while enabling multi-factor authentication with smart card and biometric readers to enhance security capabilities for email, web access and data protection.

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Lot 1 — Standard and High End Notebook Computers: Dell Latitude D630 / D830

Dell Latitude D630

The fully configurable Latitude D630 is often described as the perfect balance of features and mobility. IT decision-makers will appreciate the optional encrypted or solid-state* hard drives, along with D-family peripheral commonality. Users will appreciate the multiple graphics cards options, and the added productivity boost of the optional brighter WXGA panel.

Dell Latitude D830

The DellTM LatitudeTM D830 is our high-performance solution for professionals who require desktop capabilities on the go — especially those needing to run high-end graphics. Wide-screen options maximize viewability, and the D830 is also optimized for the latest external monitors, so users can make the most of their workday, in or out of the office.

Our new Dell Latitude notebooks are subjected to extensive torture testing, destroying an average of 300 prototypes before the first new model ships. The result is an incredibly tough line of notebooks that features Mag-Alloy casings and a higher degree of durability that you can rely on, day in and day out. Innovative Design

• The latest Intel® CoreTM 2 Duo processors, with Intel integrated graphics for optimal battery life. • Performance hard-drive options including 7200 RPM, Hybrid hard drive • Energy Energy-efficient designs that meet or exceed the worldwide mutually recognized Environmental Protection Agency’s (EPA) ENERGY STAR® Standard RoadReadyTM

• Designed and built to meet your toughest laptop scenarios • Full magnesium-alloy construction for years of reliable performance • Strike ZoneTM hard drive offers 24/7 data protection against life’s bumps and bruises HyperConnectTM

• Wireless-N, based on 802.11n technology, with up to 5X the speed and 2X the range of traditional Wi-Fi® when used with a Wireless-N router3 • HyperBand Diversity Antenna delivers superior multi-band wireless performance for mobile broadband and Wi-Fi • Integrated Bluetooth 2.0 with Enhanced Data Rate makes it easy to connect personal devices

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• Take advantage of Dell’s support for the industry’s leading mobile broadband carriers • Built-in Dell WiFi CatcherTM Utility quickly finds a network, even when the laptop’s close Smart Security

• Advanced user identification options: integrated smart cards, optional integrated fingerprint reader and/or passwords (even at pre-boot level) • Optional Encrypted Hard Drive provides full disk encryption without compromising performance • TPM security chip enables a personal virtual drive for all of your encrypted files • Wave EMBASSY® Trust Suite works with the TPM for robust file/folder encryption and much more Lot 1 — Standard and Convertible Tablet Computers: Dell Latitude XT

Dell Latitude XT Tablet Computer

Mobile professionals who require a thin, light tablet and the freedom to work when, where and how they need to.

The Dell Latitude XT is one of the thinnest 12.1" convertible tablets in the market and is designed to give you a superb user and ownership experience. Its sleek, innovative design help make it ultra- portable and simple to use, and its reliability and comprehensive service and support help make it cost-effective and convenient to own. With extremely accurate groundbreaking touch technology, a light, comfortable to use pen and a full-sized keyboard, you can work comfortably in tablet mode or laptop mode. Take notes on the go or sit down for a full working session – the Latitude XT allows you to write naturally, simply pick up the pen and write as you would on a piece of paper.

Groundbreaking Touch Technology

The Dell Latitude XT is designed to offer an industry-leading tablet experience. Based directly on customer feedback, we’ve developed the Latitude XT with both high performance capacitive touch input and pen input to allow you to work how you want. The display boasts incredible accuracy and response time, so you won’t lose your thoughts on the way to the screen. Our customers are looking for the very best user experience on the market, and the Latitude XT delivers.

Page 31 CWOPA Statement of the Problem

Lot 1 — PC Monitors: Dell 22”, 24”, 27”, and 30” Flat Panel Displays

Dell offers a wide selection of monitors for every office environment. We have an ideal solution for each of the monitor classes specified.

Dell is the #1 supplier of Flat Panels Monitors in the world. Dell consistently exceeds customer expectations with its award-winning line of flat panel monitors at affordable prices. Once thought of only for their entertainment applications, organizations are realizing the many business benefits of widescreen displays. Widescreen monitors can help increase your staff’s productivity and efficiency throughout the office.

• Dell E228 WFP • Dell E2707 WFP • Dell 3007 WFP

1 1. Display Search Q1 2007 Quarterly Desktop Monitor Shipment and Forecast Report, February 2007

Lot 2 — Ruggedized Notebook

Dell Latitude ATG D630

The Latitude ATG (All Terrain Grade) is tested and certified against tough military standards for durability and reliability. The Latitude ATG uses high durability paint, port covers, a shock-mounted hard drive, a spill-resistant keyboard and more to meet MIL-STD 810F1 for vibration, dust, humidity and altitude, so it's ready for the tough road ahead.

The Latitude ATG is a tough, All Terrain Grade laptop designed for demanding work environments where dust, vibration and moisture are daily facts of life. Fully compatible with the standard Latitude D630, the Latitude ATG boasts a range of innovative features that can protect it from some of the harshest work environments and enhance its usability in demanding conditions. Perfect for industries like construction, manufacturing and oil and gas, as well as public organizations like police forces, the Latitude ATG is designed to put a high-performance business laptop in an incredibly durable and usable package.

Built and tested to meet MIL-STD 810F1, a tough military standard of durability, the Latitude ATG is designed to meet almost any physical challenge it might meet in even the most demanding work environments. It features a shock-mounted, removable hard drive, a shock-mounted LCD screen, a dust and spill-resistant keyboard, port covers and more. The Latitude ATG is prepared for dust, humidity, vibration and high altitudes, plus a lot of the accidental bumps and knocks that are part of the territory when you're working in the field.

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High Durability Textured Paint

The Latitude ATG LCD back and edges are covered in a highly durable, textured paint that provides an additional layer of protection against scratches, scuffs and the daily wear that can come from working in demanding environments. Innovative Design

In addition to being rugged and durable, the Latitude ATG is designed for great usability in a variety of difficult work environments. It features a super-bright 500-nit LCD display with anti-reflective coating, so the screen can be easily seen on even the brightest days. On the other hand, if you're working in dark environments or at night, the ATG's special ATG task lights will illuminate the keyboard so you can stay productive anywhere. These features, along with its durability and high performance Intel Core 2 Duo dual-core processor, make the Latitude ATG a force to be reckoned with.

Lot 3 — Standard Thin Client: Wyse V90L

Wyse V90L

The Wyse V90L thin client delivers the Windows XPe performance you need; dual-video support (with purchase of optional monitor splitter cable); a CardBus/PCMCIA slot; plus serial, parallel, and USB ports. Wyse V90L thin clients fit easily into most work environments.

Building upon a foundation as a thin client computing pioneer, Wyse is the preeminent supplier of thin solutions worldwide. Wyse software makes it easy to provision, manage, update, and even service Thin Clients from one central location. With no moving parts thanks to solid-state technology, the V90L delivers tremendous reliability, availability, combined with a low cost of ownership.

Dell is one of Wyse Technologies’ largest business partners. Working together, we’ve installed thousands of Wyse thin client platforms at Commonwealth agency locations over the past few years.

Lot 3 — Laptop Thin Client: Wyse X90LE

The X90Le provides the benefits of thin computing to mobile users with secure access to enterprise networks and IT infrastructure.

The Wyse X90Le provides a mobile thin client solution that fits agency needs. With a high- performance energy conserving VIA C7-M ULV processor, the Wyse X90L mobile thin computer provides power and flexibility mobile users need. It is the first thin computer with a Gigabit network connectivity for access to the fastest LAN connection possible within the enterprise environment. This is a mobile computer designed from the ground-up to meet the thin client criteria, fanless design, no hard disk, no moving parts and longer lifespan.

Page 33 CWOPA Statement of the Problem

Other features include a 15.4” Widescreen WXGA TFT LCD screen which provides the real estate needed for normal applications as well as enhanced experience for graphics applications. It provides the flexibility of digital or analog outputs for connecting to the latest projectors or external displays.

Because the Wyse X90L mobile thin computer is designed for access to applications that are fully managed in the data center, it is inherently secure from viruses and other malicious software attacks. With a slim design and less than 5lbs of weight it is ideal for the road warriors. The X90Le is also 3G capable, allowing access to networks for road warriors.

The Wyse X90Le mobile thin computer comes with Microsoft® Windows® XP Embedded, giving you access to the most advanced web browser and media player capabilities. It includes Smart Card for security and Bluetooth for internet access through a variety of mobile phone options.

Proposed Services

Dell Managed Services is pleased to present the enclosed proposal that addresses CWOPA’s Client technology and field service support needs. Our approach is designed to leverage the successful components of our existing contract while at the same time improve in the areas of Asset Disposal, Help Desk capabilities and additional utilization of local Disadvantaged firms. Through this combination of proven products, people and processes coupled with key strategic improvements we believe that we are positioned to deliver the best value to CWOPA.

Support and then some

Dell’s Managed Services are a configurable package of user support services that supplement existing investments in end-user support and can improve service quality for desktop environments. By wrapping value-added service capabilities around best-in-class hardware, software and peripherals, Dell will provide CWOPA with convenient and affordable control over those assets. Key attributes to our services include:

• Help Desk: A fully functional US-based Dell-hosted help desk will take all level 1 client hardware calls, provide remote support for the systems proposed in this response, dispatch field services, and route all other calls to the appropriate support team. Additionally as requested, key CWOPA administrators will have the ability to create new incidents via the web as well as check status of existing tickets. • Asset Tracking: Dell is making available to CWOPA several tools to help track assets. These tools consist of o Manufacturing Asset reports detailing out at a unit level the unique combination of hardware and software implemented in the manufacturing process. o Through Dell’s Asset Tracking System (ATS) we can provide CWOPA with real-time based information of assets through the entire PC Lifecycle from procurement, to deployment and disposal. o eSmart – To assist CWOPA’s asset management program, Dell is providing 5,000 free one- year license to our Asset Management tool eSmart. eSmart allows clients to collect hardware and software data from clients in a hands-free manner. This information can be used for hardware planning as well as software compliance checking. eSmart is fully integrated into Dell’s ASAP software technology. • Event-based field services: Dispatch your basic field service events only as needed. o Managed Logistics o Installation with a host of project-specific options o Move/Add/Change o Asset Removal (at time of installation) and Disposal

Page 34 CWOPA Statement of the Problem

Dell Solution Summary

The following section describes in a detailed fashion the key components that make up our proposed solution for CWOPA. Our services framework has been designed to support the full lifecycle of the Commonwealth’s program so that the technology can be leveraged to support the educational process. The following graphic depicts each of the major components associated with our approach.

Guiding Principals

Dell Managed Services gives you the tools to access information, measure performance, and build a comprehensive support strategy on your terms.

• Align IT with Strategic Business Objectives. By offloading basic agency support functions, CWOPA can focus your resources on initiatives that support the strategic direction of each CWOPA agency. • Transparency - Our Data is Your Data. No hidden surprises or additional scope creep charges. Dell Managed Services ensures full contract visibility so you know exactly what you pay for. Data transparency on service level agreements, performance metrics, and data analysis gives you the information you need to manage your business.

Page 35 CWOPA Statement of the Problem

• Predictability - Regular analysis of asset data and serviceability allows CWOPA agency management to access a combined view of activity and performance between the phone support requests and field service events. Additionally, CWOPA can benefit from process improvement that is driven by problem analysis on support request data — all without applying additional analyst resources, and ideally without additional investment in tools. • Accountability – Key to the Dell approach is our tented of “Execution with Excuses”. As we have done so in the past, Dell is committed to continuing our quarterly Business Review meeting with CWOPA to review recent service delivery, trends and opportunities for improvement. Maintaining Price with Changing Technology

Our Approach

Dell understands that the Commonwealth of Pennsylvania desires to continue paying the pricing established for the platforms as described in Appendix E – Hardware Requirements even as the configurations for those levels advance with changing technology.

In practice, there are several steps required to successfully transition platforms:

1. A supplier’s internal approach to notices of technology change, 2. Evaluation and approval of significant technology changes by CWOPA stakeholders, 3. Transition communication & implementation, 4. Feedback on adoption rates or issues that result from the transition Internal Processes

By maintaining strong relationships with our suppliers and working with them closely to align our technology direction, our internal Brand and Transition teams are able to regularly update Dell sales organizations on the following:

• New Product Introductions • Supply shortages • End of Sales Life / End of Support To cite an example, Dell provides Inside Sales Representatives with extensive guidance on upcoming processor transitions. DGS / OA Review and Approval

We will engage in several activities to enable us to meet this requirement. First, the Dell Account Team will provide the Department of General Services and the Office of Administration/ Information Technology with the following:

• Quarterly (or more frequent as warranted) non-disclosure product updates or “road maps” • Pre-production, or “seed” units for technical review • Insights as to marketplace trends and/or best practices • Periodic roadmap and lunch/learn meetings with agencies • Discussion of the impact and timing of adopting new technology as related to agency large-scale desktop refresh plans

Page 36 CWOPA Statement of the Problem

Transition Launch

When approval has been obtained for platform transition, we will continue as we have in the past to provide the following:

• Overview memo that succinctly summarizes transitions for new Price Guide • Submission to DGS of Dell Price Guide with individual tabs for each base platform with options, as well as purchase & lease pricing • Flyer that can be forwarded to agencies by DGS to agencies to communicate the change • Work with agencies to assist them in adopting the new platform or upon request, facilitate demand for current generation technology to complete an in-progress rollout to achieve platform uniformity. Why Dell?

On an enterprise level, we’re better positioned to meet this requirement than our competitors for several reasons:

Long product life cycles

Our enterprise-class platforms feature industry-leading product life cycles and extended transition periods. Agencies benefit from a longer experience with the same platform that accepts technology upgrades, as opposed to more frequent and disruptive model changes that can occur in the midst of project deployments.

Image Stability

Long product life cycles also help agencies reduce the number of images in their installed base. Our ImageWatch links provide IT users with advance notice of image-impacting hardware changes. And our web-based ImageDirect tool dramatically reduces the time required for image development and management in individual agencies.

Already utilized by several CWOPA agencies, ImageDirect eases platform transition by making images hardware-independent.

Platform Standardization

As our response includes OptiPlex platforms that represent the vast majority of CWOPA desktop computers in place today, CWOPA will continue to benefit from standardization of technology.

Common Accessories

The Latitude C-Series and the current D-Series notebooks provide an unparalleled five year commonality of accessories within each Series family. By reusing and exchanging accessories and options within these product families, our customers are able to reduce enterprise computing costs.

Nonetheless, there have been many technology changes over the past five years and this summer we’ll introduce the exciting new E-Series Latitude notebooks. This new generation of notebooks is also designed for a long life cycle and to allow our customers to maximize their investment in common accessories.

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Successful Platform Migration

By working closely with DGS and OA, we’ve incorporated significant technology upgrades in our desktop platforms over the past year.

• Moved all CWOPA platforms to a Vista-ready standards. By adopting processor, memory and hard drive upgrades, the Standard PC is ready for OS migration, avoiding costlier post-sale field upgrades. • Improved the user experience. By quickly adopting widescreen monitors, the industry-wide standard aspect screen shortage last year had minimal impact upon our agencies. We’ve moved rapidly to the current 22” widescreen technology optimal for end user productivity. We’ve raised the bar quickly. The table below shows the changes to the Standard Desktop PC in less than a year and a half:

Feature 15 months ago Today RAM 512MB 2GB Hard Drive Storage 40MB 160MB Monitor 15” standard aspect 22” widescreen flat panel

But we also understand that our mutual end users don’t necessarily want rapid-fire technology updates that can disrupt smooth project deployment and make supporting sudden technology shifts more difficult for their internal IT groups.

We believe our experience shows that we’ve struck the right balance – one that ensures timely adoption of new technologies to ensure the greatest value to the Commonwealth - while promoting platform standardization and allowing agencies to transition without disrupting operations and project plans. Gartner Group Certifications

Immediately following is the requested Gartner information.

The following information was pulled from: http://www.gartner.com/it/page.jsp?id=648619

Dell registered its second consecutive quarter of double-digit growth in the worldwide market. Almost all regions grew higher than the regional average. Rapid retail expansion, as well as channel business, contributed to the solid shipment growth.

Table 1 Preliminary Worldwide PC Vendor Unit Shipment Estimates for 1Q08 (Thousands of Units)

1Q08 1Q08 Market 1Q07 1Q07 Market 1Q08-1Q07 Company Shipments Share (%) Shipments Share (%) Growth (%) Hewlett- 12,979 18.3 11,046 17.5 17.5 Packard Dell 10,579 14.9 8,688 13.7 21.8 Acer 6,762 9.5 5,399 8.5 25.2 Lenovo 4,794 6.7 3,969 6.3 20.8 Toshiba 3,076 4.3 2,577 4.1 19.3 Others 32,868 46.3 31,570 49.9 4.1 Total 71,057 100.0 63,250 100.0 12.3

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Note: Data includes desk-based PCs, mobile PCs and servers. Acer data includes Gateway’s consumer shipments and Packard Bell shipments. Source: Gartner (April 2008)

Dell extended its lead in the U.S. PC market with its market share reaching 31.4 percent (see Table 2). Dell’s channel program, Partner Direct, launched in December 2007, started yielding dividends, as well as its retail expansion. HP registered its lowest year-on-year growth since the Compaq merger in 2003.

Table 2 Preliminary U.S. PC Vendor Unit Shipment Estimates for 1Q08 (Thousands of Units)

1Q08 1Q08 Market 1Q07 1Q07 Market 1Q08-1Q07 Company Shipments Share (%) Shipments Share (%) Growth (%) Dell Inc. 4,775 31.4 4,126 27.9 15.7 Hewlett- 3,804 25.0 3,812 25.8 -0.2 Packard Acer 1,389 9.1 1,701 11.5 -18.3 Apple 1,010 6.6 762 5.2 32.5 Toshiba 840 5.5 805 5.4 4.4 Others 3,402 22.4 3,570 24.2 -4.7 Total 15,221 100.0 14,776 100.0 3.0 Note: Data includes desk-based PCs, mobile PCs and X86 servers. Acer data includes Gateway’s consumer shipments and Packard Bell shipments. Source: Gartner (April 2008)

Additional research can be found on Gartner's Computing Hardware section on Gartner's Web site at http://www.gartner.com/it/products/research/asset_129157_2395.jsp.

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Licensed Operation System

Dell acknowledges and can comply with this request.

Dell’s ImageWatch helps corporate and institutional customers better assess the impact of upcoming changes to OptiPlex desktops, Workstations, Latitude portables, PowerEdge servers, PowerVault storage systems and PowerConnect networking products. It does so by providing a six- month rolling view of hardware, peripheral and software changes in a configurable, web-based application.

Transition and Image Management

• Supplies introduction, transition and EOL information for system platforms, peripherals and software • Classifies image impact of technology transitions • Provides a six-month forecast of product and image changes • Displays Global Standard Platforms and regional details Email Notification

This feature allows you to receive an email when specific changes have been made to the products that interest you.

Availability

ImageWatch is available to eligible Dell customers free of charge on a nondisclosure agreement basis through the Premier Page program. Premier Pages are customized, secure websites created by Dell for corporate and public-sector customers.

Examples

Below are three different examples of the type of information that is conveyed in ImageWatch. This is sample data only and does not represent actual information. Items of note are circled for your attention.

Warranty Services

Dell is prepared to meet CWOPA’s warranty requirements outlined in appendix G through a combination of our existing Help Desk and service partner – QualxServ – plus the addition of several local PA MBE/WBE/EZ companies. At a summary level, our warranty support will consist of:

• Help Desk Resources – The Dell agents that will support CWOPA are located primarily in Oklahoma City, OK with backup capacity in Round Rock, TX. They are available via the phone or web ticket. • Parts Replacement – Dell employs a “just in time” parts philosophy which ensures the latest revisions of parts, minimizing the impact of stock obsolescence, and allowing for economical refresh and migration activity within our contract customer base. If our Help Desk determines that a replacement part is required for repair, the part is sent out for next day delivery from our Americas hub in Cincinnati, OH.

Page 40 CWOPA Statement of the Problem

• Onsite Field Personnel – Dell and our partners field a support force of more than 33,000 people world-wide. For CWOPA we will leverage our existing break/fix service partner (Qualxserv) as well as several new PA MBE/WBE and PA Enterprise Zone companies. Dell's warranty terms are located at http://www.dell.com/content/topics/global.aspx/services/main/service_contracts?c=us&cs=_84&l=en& s=slg. The warranty shall be defined by those terms except in the case as specifically required by the Commonwealth's RFP, in which case the RFP will take precedence. In other words, Dell accepts and meets or exceeds all stated warranty requirements.

Technical Support Escalation Process

Dell’s award-winning technical support is available 24 hours a day, 7 days a week. Should CWOPA experience an issue with one of your Dell systems, the resolution process begins when you place a toll-free call to Dell Technical Support or open a web ticket. Here, Dell technical specialists resolve over 80% of related calls over the phone. Our solution will continue to use the support number that has serviced CWOPA for the past four years (888-876-8593). Calls for legacy units and future units can be placed to the same number.

Dell Service and Support Customer representatives answer all incoming calls on a first-come, first- serve basis. The queue maintains staffing to have an average time to answer of 45 seconds, providing the highest level of response. However, when an escalation issue arises, the severity of the problem dictates the order in which we answer a call.

The first technician you speak to is a Level 2 technician. He or she opens a ticket, and gathers the required information from the caller including the system ID (Service Tag) number and a description of the problem. The technician gathers and stores the information in our databases which is the primary tool for tracking the service history of each Dell manufactured unit. They leverage a multitude of tools and knowledge base aids to diagnose and resolve service & support issues. L2 technicians are fully qualified to resolve almost all of the issues our customers experience. In the event that the Level 2 technician does not resolve your issue, the Level 2 technician takes ownership of the issue for further research and/or escalation. If necessary, L2 technicians engage dedicated engineering resources, internal to Dell, or collaborate with third parties to solve the problem.

The next key technician involved in issue escalation is the Service Account Manager (SAM). The SAMs are advanced level technical resources who will work with CWOPA, vendors, manufacturers, and engineers to bring issue resolution to fruition. If CWOPA encounters a problem with policies, procedures, or are simply not satisfied with the level of support you receive, you can request that Resolution Expert Center (REC) technician handle your issue. These technicians engage required resources as necessary to solve the customer's issue.

In addition, CWOPA allows has the option to escalate the issues to Mike Gross, the CWOPA Services Principal. Mike is the single point of contact with responsibility for all service and support issues.

On-Site Service

If required, Dell may need to dispatch an on-site technician, parts, or both to CWOPA’s location. For desktops and most laptops that require an on-site service call, Dell ships the required part(s). We dispatch a technician to pick up and deliver the part(s), then replace the defective part(s) and ship the defective part(s) back to Dell.. We have escalation procedures built into the process to ensure we meet our contracted response times.

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Process Overview

Listed below are the steps that will be followed during a warranty issue: 1. If applicable, the End User calls the CWOPA agency specific help desk, CWOPA determine hardware assistance is required and engages the Dell Help Desk (888-876-8593). 2. The Dell Help Desk opens a new ticket upon receipt of the new phone call. 3. The Dell Help Desk tries to resolve the problem over the phone. If the call pertains to non- Dell branded items, the Dell Help Desk agent will engage the appropriate vendor’s support lines and stay on the call until a resolution strategy has been determined. 4. If the problem cannot be resolved, the Dell Help Desk enters new incident into the Dell Dispatch tool. If a part is required, it is sent out to the CWOPA specific location via express shipment for morning delivery. 5. A new work order will be created in the Dell incident tracking software. 6. Notification is then sent to one of the assigned break/fix service partners via pager and/or email communication. Assignment to a specific break/fix provider is based on geography. 7. The technician will confirm the work order page with Dispatch tool and receive all pertinent work order information. 8. The technician contacts the customer and schedules a visit and establishes an on-site estimated time of arrival (ETA). 9. The work order is updated with the ETA, phone response labor posting and any additional comments. 10. The technician arrives on-site to resolve the problem with the parts that are deemed necessary ahead of time and performs the pre-determined maintenance work. 11. If the technician does not have appropriate part needed to correct the problem, technician contacts the Dell Help Desk to order the corrected part. Technician will schedule return visit. 12. If the problem is resolved, the technician updates the customer and contacts Dispatch to close the work order. If requested a call can be placed to the specific CWOPA desk to close the ticket as well. 13. The Dell Service Manager is responsible for all communications to CWOPA and Dell Management once the call has been escalated.

This process is graphically represented below.

Page 42 CWOPA Statement of the Problem

Page 43 CWOPA Statement of the Problem

Distribution of Warranty Calls and Partner Network

Dell has supported the CWOPA contract for the past four years and gathered signifcant operational data that has allowed us to optimize our solution for CWOPA. The map below details the distribtuion of units by Metropolitian Statistical Unit (MSA) and therefore warranty calls across the Commonwealth.

Dell knows from past call history for CWOPA that the following table characterizes the distribution of dispatches:

Geographic Distribution Primary Partner Status Calls Calls/Yr Calls/Day # Technicians Backup Partner Harrisburg 40% Penn Tech EZ 8,424 2,808 11 7 Qualxserv Philadelphia 15% ACS WBE 3,159 1,053 4 11 Qualxserv Erie 5% Computer Showcase WBE 1,053 351 1 9 Qualxserv Pittsburgh 5% Qualxserv n/a 1,053 351 1 57 Unisys remainder 35% Qualxserv n/a 7,371 2,457 10 57 Unisys 100% 21,060 7,020 28 141

Tech Support: Dell Custom Support Queue, Oklahoma City and Round Rock, TX Parts: Dell Americas Parts Depot, Cincinnati, OH Parts Logistics: Primarily DHL, but potentially other carriers

Dell’s solution leverages our world class call center and incident tracking system, our standard NBD parts delivery, and leverages MBE/WBE/EZ break-fix certified partners in the highest density areas, while supplementing them with our national partners to provide a robust support solution, meeting and exceeding all of CWOPA’s requirements.

A Strong Track Record with CWOPA

Dell has a strong track record repairing equipment for CWOPA. In Dell’s Fiscal year 2007 (Feb 06 – Jan 07) we performed a total of 6,679 dispatches on approximately 80,000 in-warranty machines. Of these dispatches, Dell made or exceeded CWOPA’s SLA 6,626 times and 53 dispatches where we required additional time to repair the unit. This represents a 99.21% SLA attainment.

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Additional Warranty Offerings

In addition to the help desk technicians and field service agents, the following resources may also be part of CWOPA’s technical support escalation process:

• Warranty Parts Direct Technician – CWOPA’s Warranty Parts Direct certified technicians receive a unique user identification number and password. This allows a CWOPA technician or a designated CWOPA third-part maintainer (TPM) to access Dell Warranty Parts Direct online parts request website to request parts and/or service for a CWOPA warranty related part failure. CWOPA’s Warranty Parts Direct certified technicians complete an online form that briefly describes the problem symptom, troubleshooting process, and failed part. We dispatch that part next-business-day to the technician so that the technician can swap the failed part and return it to Dell. We have product service manuals available at http://warrantypartsdirect.dell.com and if you require additional troubleshooting assistance the technician can contact Dell’s technical support queue for help. • Labor Reimbursement (Optional) – CWOPA’s technicians or a designated CWOPA third-party maintainer (TPM) may enroll in Dell’s Warranty Parts Direct (WPD) Tier II program. The Tier II WPD program functions just as above with the addition of labor reimbursement for qualified part dispatches. After the technician returns the repair parts to Dell the service provider fills out a warranty reimbursement form. Once this is completed, we pay the labor warranty reimbursement to the TPM or CWOPA for the service. As part of Dell’s value add package, we are offering 200 WPD Tier I certifications annually. Reporting

In addition to the reports Dell has identified in the Reports and Controls section of this response, Dell can provide Service History Reports that are designed to meet service reporting needs. Dell’s Service History Reports consist of the following four sections:

Dell’s Web Ticket Entry Screen

Page 45 CWOPA Statement of the Problem

Web based report of Open Tickets

Dell Agent Screens

Service Chart Section

• Service Parts Shipping Performance • Next Business Day, On-Site Service Performance • 4-Hour On-Site Service Performance • Other Service Call Counts • Line of Business Breakdown Time Charts & Time Detail Section

• Service Parts Performance Trend • Next Business Day, On-Site Service Trend • Call Age Analysis Trend • Next Business Day, On-Site Close Status Trend • Time Detail Section

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Rollout and Marketing Plan

Let’s Keep Things Rolling!

As your current partner for desktop/notebook products and services over the past four years, we already have the service infrastructure, account and support teams, and business processes in place to meet your needs. By choosing Dell, your startup costs are lower and we immediately focus upon strategic initiatives, rather than working through months of start-up challenges.

Together with our Project Management Office (PMO) partner Transfer Technology we’ve accomplished the following across Pennsylvania’s 67 counties over the past four years:

• Managed over 500 individual projects/deployments of all sizes • Deployed 80,000+ PCs (over 120,000 total devices). • Managed over 50 PC custom image (CFI) projects to date. • Managed over 15,000 system disk wipes and provided each client with disk wipe logs. We know the people, the places, the platforms and the projects.

Our Vision for a Renewed Partnership

We’ve outlined below how we would envision the early stages of our extended partnership. Many of the key elements would be launched in parallel so that we can continue progress on projects already underway while rapidly implementing our new agreement together.

Kickoff meeting with DGS and OA/IT –a logical first step to discuss refinements to our current offerings and ensure our plans are aligned and to develop consistent messaging.

A jointly developed communications package would be agreed upon to announce key features of the new agreement and differences relative to the existing contract. This would include:

• Product platform transitions • Spec sheet package for each base platform • Changes to professional services offerings & pricing • New value add services available • Service transition awareness from 4hr response/9hr restore to Next Business Day • Who to call with questions • Value Added Programs Available (i.e., Warranty Parts Direct) Existing processes will be refined promptly to address changes stemming from the revised contract structure.

Dell Price Guide will be revised to reflect platform and price changes.

Services Election Forms will be revised and posted on the web to show ala carte and bundled service pricing.

Dell Internal Web Pages will be updated with the CWOPA contract guide.

Dell External Web Pages will reflect the new content.

Page 47 CWOPA Statement of the Problem

Dell Public Sector Sales groups will be alerted to the contract award and provided with an overview of content and structure.

Transfer Technology has assisted us in the preparation and content of this plan, so they’re already on board. We will leverage their experience and relationships and our own to execute our plans quickly. Getting the Word Out

The new agreement will bring changes that must be communicated to a broad audience. We’ve already taken steps to ensure we’re ready for the discussion.

Face-to-Face Agency Meetings

The core Dell account team lives and works in the Harrisburg area. From your Dell Account Executive and Dell Services Delivery Principal to our partners at Transfer Technology in the Project Management Office, we’re close at hand. Regional Sales Management is based in Philadelphia and Regional Services Management is based in the Pittsburgh area.

The Dell CWOPA Account Team will meet with the key stakeholders at the larger agencies within two weeks after the content of the communications plan has been developed with DGS and OA/IT.

Personal contact and follow up materials will be provided to all agencies within the first few weeks of contract award.

Transfer Technology, our PMO partner, will attend the meeting in the event that a project is planned in the near term to ensure a mutual understanding of services delivery under the new agreement.

Transfer will deliver a Customer Project Guidebook outlining project structure and services capabilities under the new contract agreement.

Transfer project management specialists are extremely knowledgeable of specific agency requirements and locations and are always available to answer questions related to project planning and contract services.

Dell’s Philadelphia Account Team has participated in developing our response. The new contract provisions can be communicated quickly to the largest entity currently purchasing under this contract.

Dell COSTARS purchases by schools and county and local governments … covered! We’ve engaged our public sector organization to ensure their input for our response and we have their support for our rollout plan to our field teams statewide.

Joint Seminar Series

The first in a series of educational seminars will be held soon after contract award. With a Dell | ASAP theme, the meeting will provide an update on new and planned Dell hardware announcements, and demonstrate the added value that newly acquired ASAP software will enable us to deliver to the Commonwealth. Additional topics for upcoming seminars to be held this year are also listed below:

Dell | ASAP Update

• New Hardware announcements (i.e., New Latitude E-Series notebooks) • Roadmapping of future products • Asset Tracking System overview • CWOPA partnership with Dell | ASAP

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Desktop Systems Management with Dell & Intel

• Systems management options • Understanding Intel vPro technology Thin Client Computing with Dell & Wyse

• Advantages of Thin Client computing • Centralized IT control / end user flexibility • How does Thin Client fit into my environment? Employee Purchase Program (EPP)

Dell offers terrific savings on an award winning array of computers, notebooks, printers, projectors, TVs and other peripherals through our Employee Purchase Program (EPP). Visit the site, enter the special code provided for PA State Employee use and start saving today! Ongoing Support and Feedback

In addition to the Kick-Off activities described above, the Dell Account Team will maintain a high standard of responsiveness to our CWOPA customers by performing the following:

• Responding to phone or email in a timely manner • Providing regular on-site product road maps • Recommending / demonstrating technologies • Facilitating visits by Dell Client Technologists • Turning around quote requests promptly and accurately • Arranging delivery of evaluation equipment • Assisting with the engagement of Dell functional groups (i.e., Accts. Receivable) • Escalating individual break/fix issues to Dell’s service team • Engaging corporate resources and subject matter experts • Channeling COSTARS customers to the appropriate Account Team Online All the Time

Our “Pennsylvania State Store” web site has been an online stop for CWOPA agencies for years and features the following:

• Links to the Department of General Services Site • Contract information • Product Information and Pricing Links • Technical Support and Assistance Information • Customer Service (i.e., order status links) • Monthly and Annual Lease Payment Calculators • Links to our CWOPA and COSTARS team contact information

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Quarterly Business Reviews

The Dell Account Team will continue to meet with DGS and OA/IT on a quarterly basis to review performance, purchasing volumes and service patterns and trends.

In addition to providing the reporting as required under this RFP, we will continue to view these reviews as an opportunity to identify how we can improve our partnership and service to the Commonwealth.

Feedback for Continuous Improvement

We provide a Customer Experience Survey after each project is completed. The valuable information in those surveys is utilized to determine how we can adapt our model to better meet the unique needs of each agency and the Commonwealth as a whole. The content of these surveys is reviewed during our Quarterly Business Reviews.

Environmental Program

Product Concept and Design

Dell designs products to be energy efficient and comply with, if not exceed, international recommendations for chemical use. For component manufacturing, it is where we manage our suppliers to ensure they share the same design objectives as we do. In addition to climate and chemicals, the design process affects every subsequent stage in the life cycle of our products, including the types and amounts of packaging, worker health and safety, product upgradeability, and end-of-life recyclability.

When selecting substances used to design our products, we are guided by a precautionary approach. We strive to eliminate environmentally sensitive substances from our products wherever cost- effective, safer alternatives are available. This year, we accelerated plans to phase out brominated flame retardants (BFRs) in new product designs, changing the target date from 2015 to 2009. Energy Efficiency

Did you know that energy efficiency is recognized by energy and climate analysts as the most effective short term measure for reducing the emission of greenhouse gases?

Dell’s biggest opportunity for reducing emissions lies in providing energy efficient products, and is a key part of our commitment to be an environmentally responsible company.

Through its wide range of Energy Smart offerings, Dell is committed to developing standards-based energy-saving technology solutions from the desktop to the data centre that help reduce costs, increase performance and maximise energy efficiency, which, in turn, help to offset carbon dioxide emissions. Engage in Global Standards to Reduce Energy Efficiency

Dell has been an ENERGY STAR Partner for over a decade, demonstrating an on-going commitment to energy efficiency. For the past several years Dell worked with the EPA directly and through the Information Technology Industry Council (ITI) to help the agency develop effective, new ENERGY STAR standards for computers. Our shared goal was to create an industry standard that cost- effectively promotes significant energy savings without sacrificing performance. In addition Dell has been an active participant and proponent of the ENERGY STAR power management programs that help enterprises reduce their computing electricity use.

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GreenGrid Initiative

We are working with our commercial customers to design and retrofit data centers to reduce energy use. In fact, this year Dell became a founding sponsor of the pioneering The Green Grid, an organization (an association of IT professionals) seeking to lower the overall consumption of power in datacenters around the globe. As a founding member, Dell joined other IT companies to encourage the private and public sector to develop and use power-conserving information technologies. For more information, see www.thegreengrid.org.

Manufacturing and Operations

Manufacturing and Operations, focuses on our company’s manufacturing facilities — and specifically on how we use resources such as energy, water, and forest products as well as the emissions and wastes generated from our facilities. Our company considers not only the manufacturing process itself, but also our cafeterias, housekeeping, office paper purchases, recycling, and solid waste management.

Our company considers not only the manufacturing process itself, but also our cafeterias, housekeeping, office paper purchases, recycling, and solid waste management.

Dell is finding ways to improve its own internal operational efficiencies, while reducing its carbon footprint through the use of renewable energy.

Dell continually increases our use of recycled-content paper. We estimate globally that we have eliminated the use of 35,000 tonnes of virgin fibre paper per year, that’s the equivalent of saving more than 250,000 trees.

For component manufacturing, it is where we manage our suppliers to ensure they share the same design objectives as we do.

We’ve worked to reduce the climate impact of transporting our products through improved shipping procedures, better routing, and citing facilities close to our customers.

Sustainable Buildings and Operations: Over the last few years, a move towards promoting the design, construction and operation of sustainable buildings has led to a number of published standards.

Customer Experience

We look at the environmental aspects of how the product is packaged, shipped, and used by our customers. We work to minimize energy use and climate impacts from both product delivery and product use. Minimize Packaging

Our Worldwide Packaging Engineering team is responsible for optimizing packaging materials throughout Dell’s supply chain and for finished product packaging.

Packaging is needed to protect our products during shipping and handling. However, to be mindful of limited forestry resources and the cost to procure them, Worldwide Packaging Engineering’s goal is to optimize product protection and minimize packaging material usage where possible.

In the last four years we’ve eliminated about 44,000 (US) tons of packaging through efficiency and minimisation efforts.

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Globally in 2007, Dell began offering a multi-pack solution for its Blade and 1U rack dense servers – in just one year, this project eliminated 956,000 kilograms of packaging material. Dell continues to use its corrugated pallet design to ship the PowerEdge 6850. This packaging, which has won numerous design awards, has saved 148,000 kilograms of wood in just one year.

Equipment Recovery and Recycling

Dell considers how to handle the disposal of unwanted equipment through reuse and recycling programs. During this stage, we look to extend the life of our systems through upgrading and donation programs. We are also developing a global recovery and recycling supply chain to recycle the parts and materials we collect.

Dell has been a leader in delivering practical action on recycling services for PC users around the globe and we're still the only vendor to offer recycling options for consumers nationally.

Dell globally, has provided asset recovery and system disposal services to commercial customers since 1991, recycling millions of units since that time. Product Stewardship

Dell’s approach to IT collection and recovery seeks to combine the key principles of manufacturer responsibility, consumer convenience, accountability, transparency, education, and enforcement into a simple, effective and efficient national IT collection and recovery system.

• At the end of an IT product’s useful life, any consumer should be able to return that product to the manufacturer at no charge by following a process defined by the manufacturer • A return should be as convenient as the purchase of a new product. • Manufacturers will have the incentive to use the most cost effective and efficient system for collecting and recycling old IT products — which also will improve the products’ environmental design. Recycling and Environmental Standards

• We accept responsibility to provide recycling for Dell products. And we challenge other electronics industry producers to achieve this same level of responsibility. • Dell is the only electronics industry company that offers consumers no-charge global recycling for all of its branded products. We announced this policy in 2006 and implemented it in 57 countries on six continents. • Dell also offers consumers an opportunity to recycle old computers and monitors even if they are not Dell-branded products. If consumers buy a new Dell desktop or notebook and select the no- charge recycling option at the time of purchase, we will recycle the old PC and monitor at no cost. And, if available in the area, we will even pick it up at their home. Commercial Asset Recovery Program

• Dell provides value added Asset Recovery Services (ARS) for our commercial customers. Businesses, public agencies, universities and other institutional customers face unique needs. • Our ARS offering includes all aspects of the decommissioning process — from planning, packaging, and pickup, to sorting, destructive data overwrite, reuse, and disposal. • Dell’s services allow organizations to place as much care and emphasis on the proper management of decommissioning technology as they do on the acquisition and ongoing support of these assets.

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Electronic Products Environmental Assessment Tool (EPEAT)

EPEAT is a procurement assessment tool designed to help institutional (public and private sector) purchasers evaluate, compare and select desktop computers, notebooks and monitors based on their environmental attributes. This tool was developed through a multiyear, multi-stakeholder effort that included representatives from the IT industry, the EPA, federal and state purchasers, recyclers, and Non-governmental environmental organizations (NGO). The tool requires products to meet minimum standards of energy, ecology, recyclability, and packaging. It requires the company to provide recycling services and to meet minimum international standards for environmental management systems. EPEAT provides a mandatory baseline requirement Bronze level as part of a tiered structure for environmental performance. Their Gold level requires 75 percent of the optional requirements to be met for that product. Currently, Dell is a member of the Board of Advisors of U.S. Green Electronics Council (USGEC), which is the owner of the EPEAT database and verification process. During 2006, Dell assisted in finalizing the criteria through the International Symposium on Electronics and the Environment (IEEE), which produced the EPEAT standard as IEEE 1680-2006.

As a leader in providing environmentally responsible products and services, Dell is one of the first manufacturers to register products with EPEAT. Since the inception of this program (began July 24, 2006), Dell has qualified over 70 products at the Silver level and several products to the Gold level, including the first Gold notebook (the Latitude D630) in the world. Our Silver rated models include OptiPlex desktops, Precision workstations (both desktop and mobile versions), Latitude notebooks and flat panel monitors. Dell believes that voluntary standards promote product innovation that focuses on customer requirements. And Dell customers now have a consistent, widely-accepted standard for their green IT procurement initiatives. In June 2007, we registered our first “Gold” rated products. We are the first company to register to EPEAT “Gold” in the world in the Notebook category with our Latitude D630. In addition, the OptiPlex740 Energy Smart MT and the OptiPlex 745 Energy Smart MT are the first mainstream desktop products to be registered to the “Gold” rating in the world. Please see www.epeat.net for the updated database.

EPEAT Ratings for Notebooks

Monitor Listing Model Manufacturer Category Rating Pts Size Type Date Latitude D630 Dell Inc. Notebooks Gold 21 14.1 in Flat 6/8/2007 Panel Latitude D630 Dell Inc. Notebooks Gold 21 14.1 in Flat 6/28/2007 ATG Panel Latitude D830 Dell Inc. Notebooks Silver 17 6/4/2007 Latitude XT Dell Inc. Notebooks Silver 16 12/6/2007

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EPEAT Ratings for Desktops

Model Manufacturer Category Rating Pts Listing Date OptiPlex 755 Energy Smart Dell Inc. Desktops Gold 18 8/27/2007 MT OptiPlex 755 Energy Smart Dell Inc. Desktops Silver 16 8/27/2007 DT OptiPlex 755 Energy Smart Dell Inc. Desktops Silver 16 8/27/2007 SFF OptiPlex 755 Energy Smart Dell Inc. Desktops Silver 17 10/29/2007 USFF

EPEAT Ratings for Monitors

Model Manufacturer Category Rating Pt Monitor Monitor Listing Date Size Type E228WFP Dell Inc. Monitors Silver 13 22 in Flat Panel 1/30/2007 2208WFP Dell Inc. Monitors Silver 13 22 W Flat Panel 10/10/2007 Crystal Dell Inc. Monitors Silver 14 22 W Flat Panel 1/16/2008 C22W SP2208WFP Dell Inc. Monitors Silver 13 22 W Flat Panel 10/30/2007 2407WFP Dell Inc. Monitors Silver 13 24 in Flat Panel 7/19/2006 2408WFP Dell Inc. Monitors Silver 14 24 W Flat Panel 1/17/2008 E248WFP Dell Inc. Monitors Silver 13 24 W Flat Panel 10/29/2007 2707WFP Dell Inc. Monitors Silver 13 27 in Flat Panel 8/13/2007 3007WFP Dell Inc. Monitors Silver 13 30 in Flat Panel 7/19/2006 3008WFP Dell Inc. Monitors Silver 13 30 W Flat Panel 1/2/2008

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Energy Efficiency

ENERGY STAR and Energy Smart

Dell has actively partnered with the Environmental Protection Agency’s (EPA) ENERGY STAR program for more than a decade. ENERGY STAR products reduce energy consumption, thereby reducing electricity costs for customers, and reducing greenhouse gas emissions and other pollutants generated during power generation.

In fiscal year 2007, Dell introduced Energy Smart, complementing the EPA ENERGY STAR program and providing customers the ability to optimize performance and efficiency through product and service offerings. Our latest OptiPlex desktop PC systems are pre-configured with the new Dell Energy Smart settings. Energy Smart features can save up to $53 annually per unit, and by adding a flat-panel monitor the annual power savings compared to previous-generation systems can reach $69 per system. Applying the Dell Energy Smart energy- efficiency settings of the new OptiPlex systems to all Dell desktops sold within the past year could save enough electricity to avoid about 113 billion kilograms of carbon dioxide emissions, the equivalent of removing an estimated 2.5 million cars from the road. This equates to over $1 billion in operating cost savings opportunities for our customers.

Energy efficiency is a fundamental design criterion for all PowerEdge servers. The introduction of Energy Smart servers reduces not only server power draw, but also the resulting system heat. Dell PowerEdge Energy Smart servers also use energy efficient hard drives, advanced fan technology, high efficiency power supplies, and low voltage processors. Taken together, these improvements reduce power requirements by up to 25 percent. Although Energy Smart servers cost about $100 more than similarly configured servers, customers can save up to $200 annually in energy costs per server.

Dell systems being offered as part of this response are Energy Star certified. Specific system information can be located at: http://www.energystar.gov/index.cfm?fuseaction=find_a_product.showProductGroup&pgw_code=CO

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Wyse Products and the Environment

Reducing Environmental Impact Through EarthSmart Computing™

Over the past few years, improving energy efficiency while minimizing the environmental impact corporations have on global warming has become a top of mind business issue (and expense) with senior IT executives. These issues have helped propel thin computing to the forefront, as a cost effective solution which leaves a very small environmental footprint. At a very high-level, thin computing offers users the benefits of consuming less power, but that’s just the beginning.

Here are just a few things to consider:

• Less materials and energy are used in production compared to a PC • Wyse thin clients are small in size and weight which reduces the cost and energy required for transportation • Less materials also means less to dispose of at the end of its life • Up to 90 percent of the unit can be recycled, and up to 99 percent of the packaging can be recycled as well • Low heat output means less power needed for air-conditioning systems • Wyse thin clients meet stringent ISO 14001 & ROHS certification • Meets mandatory WEEE recycling process • Longer product lifespan over a PC – 5 to 7 years • Wyse thin clients can be managed remotely, so maintenance and software updates can be delivered without support staff having to visit the user’s desk

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Value Added Services

Dell understands and acknowledges the commonwealth’s need for value added services. For four+ years, Dell Managed Services has been installing, configuring and removing assets from the Commonwealth’s environment. A few summary statics include:

• Managed over 500 individual projects/deployments of all sizes • Deployed 80,000+ PCs (over 120,000 total devices). • Managed over 50 PC custom image (CFI) projects to date. • Managed over 15,000 system disk wipes and provided each client with disk wipe logs.

Dell will employ the exclusive use of MBE/WBE and Enterprise Zone companies to perform the tasks outlined in this part of the response based geographic focus area as shown below. Included below are charts of the distribution of purchased assets, Dell’s geographical support map and finally details pertaining to the partners that will support the Commonwealth.

Distribution of CWOPA Units by Metropolitan Statistical Area (MSA)

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Distribution of Dell MBE/WBE & EZ Support Subcontractors

Locations / Focus of Dell MBE/WBE & EZ Support Subcontractors

Geographic Disadvantaged Dell Partner Address focus Status 50 W. POWHATTAN AVE., Absolute Computer Support (ACS) Eastern PA WBE ESSINGTON, PA 19129 400 Bursca Drive, Bridgeville, PA AEC Group, Inc. Pittsburgh, PA WBE 15017 American Personnel Managers & 3100 Gettysburg Road Camp Hill, Central PA WBE Consultants, Inc. (APMC) Pa. 17011 Northwestern 224 South Main Street, Suite 101, Computer Showcase WBE PA PO Box 339 Seneca, PA 16346 Whole State ‐ Enterprise 423 Walnut Street, PO Box 2677, Transfer Tech PMO Zone Harrisburg, PA 17105 Whole State ‐ 4051 N Highway 121, Suite 400, Techway Services, Inc. WBE Asset Disposal Grapevine TX 76051 125 S. Blackhorse Pike, Parker & Parker Eastern PA MBE Williamstown, NJ 08094 Enterprise 1800 Paxton Street, Harrisburg PA Penn Data Central PA Zone 17104 Enterprise 611A South 17th Street, Harrisburg Penn Tech Deployments Inc. Central PA Zone PA 17104

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Approach and Methodology for Providing Services

Dell managed services have been designed to complement our customer’s needs throughout the entire IT lifecycle. These services range from helping clients plan out new projects to technology implementations, support and asset removal / disposal. Dell Services can be purchased to support specific needs in the IT lifecycle or as a completed turn-key package, such as CWOPA’s “Services Bundle,” to support our client’s needs. Additionally, depending on CWOPA’s needs, we can alter our approach to provide a CWOPA agency with a custom configuration of services based on only those services required.

Listed and illustrated below are the ten major services associated with Dell’s deployment methodology. These services are explained at a high level in this section. Dell realizes that not all purchases will require all ten components and because of this we are able to size our approach to meet the specific needs of CWOPA. A narrative description of key components can be found on the following pages.

Dell’s Service Delivery Framework

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PERT Chart of Major Program Elements

Program Management Office

For larger service projects, such as CWOPA’s, Dell will utilize a Program Management Office (PMO) to manage all aspects of this project. The PMO will be the Single Point of Accountability (SPOA) for all Dell Services deliverables throughout the program. The PMO staffing level will adjust based on the needs and volumes committed by CWOPA to assure quality service delivery.

Dell Governance Model

The PMO has responsibility managing the Dell services provided to CWOPA. This responsibility encompasses day-to-day operations as well as planning and quality issues. These responsibilities are summarized in the figure below.

Dell Program Management Office (PMO)

• Single Point of Contact (SPOC) • Issue Management • Communication • Methodology / Standards • Training • Service Level Reporting

Procurement Installation Support Asset Tracking & Disposal • Configuration Mgt. • Site Survey • Level 1& 2 Help Desk • Product Verification • Site Readiness • Field and Depot based • Site Survey’s • Order Mgt. • Custom Delivery Break/Fix Repair • Entitlement • CFI • Deployment • Parts / Inventory • Reporting • Merge Center Ops. Management • Disposal

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Planning and Project Management

Dell’s subcontractor Transfer Technology, with headquarters located in downtown Harrisburg, PA, will assist Dell with PMO activities. Transfer Technology has provided IT project planning and management services to numerous large, geographically-dispersed Commonwealth of Pennsylvania agencies for the past thirteen (13) years.

For the last four (4) years, Transfer Technology has been contracted by Dell to provide Project Management Office (PMO) services to Commonwealth agencies under a statewide PC Desktop Contract #5850-01. Under this contract, Transfer Technology’s role was to effectively work with all agencies to plan, manage and ensure that all deployment projects were successfully delivered, to all agencies procuring hardware and services under this contract.

Transfer Technology’s proven best practices and methodologies were built and refined to provide a wide range of project management, deployment and integration services specific to the Commonwealth of PA agency requirements, located in all sixty seven (67) counties. Transfer Technology’s well developed systems, processes and documentation allow them to manage multiple, simultaneous deployments across the Commonwealth with minimal issues or project delays.

Below are highlights of some of the PMO successes over the past four (4) years:

• Managed over 500 individual projects/deployments – from large to medium, to small-sized projects. • Consulted with over 75 individual clients. • Touched Thousands of locations across the entire Commonwealth. • Deployed 80,000+ PCs to date (over 120,000 total devices). • Managed over 50 PC custom image (CFI) projects to date. • Managed over 15,000 disk wipes on leased systems and provided each client with disk wipe logs. • Managed 10+ Installation Service Providers across all of Pennsylvania. • Created 50+ customized reports for CWOPA management and individual clients. All generated from the database Transfer Technology designed, developed and deployed specifically for this project. PMO Personnel

The Dell Project Management Office (PMO) has a group of seasoned project managers with many years of experience in providing program and project management services to CWOPA agencies. Transfer Technology’s project managers have long established excellent working relationships with key IT personnel for almost all of the Executive Branch Agencies.

Transfer Technology’s project managers design and execute project plans that include standard and optional products and services, which provides flexibility to design customized implementation plans that meet specific customer requirements. This ensures that each customer enjoys an easy ordering process with the guarantee that their equipment will be delivered and installed to their project expectations.

Since requirements for each project are unique, the PMO assigns a dedicated project manager to each project who works one-on-one with the customer to build and execute a detailed project plan. Transfer Technology’s project managers have extensive experience working with customers throughout the Commonwealth of PA in planning and executing projects that range in size and level of sofistication from very small, to extremly large and complex. Transfer Technology’s proven methodologies, coupled with our experienced project manager resources guarentee success for each and every project.

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The following is a brief description of the key jobs and their respective roles and responsibilities. PMO Consultant (and/or Manager)

The PMO Manager is responsible for the overall functionality and success of the PMO. The PMO Manager is ultimately responsible for ensuring that all projects are completed efficiently and professionally. The PMO Manager has the resources available to resolve any issue and is the support mechanism for issue escalation from the Project Management Staff. In addition, the PMO Manager can provide consulting with customers to develop overall strategies and documentation for large- scale, multi site deployments.

The PMO Manager reviews all daily activity across the projects, ensuring that appropriate resources are applied for each. The PMO Manager provides continuity between the projects and has the ability to shift resources as necessary to maximize efficiencies and overall PMO performance.

The PMO Manager can also fulfill the role of a Project Manager (PM) by filling in for one or more of the PMs on an as needed basis, or by providing full project management services for specific projects.

PMO Project Manager

The PMO Manager will assign a Project Manger (PM) to each project, no matter how large or small. The PM acts as the single point of contact for the customer and performs overall management of projects from the pre-planning stage through project closure. Starting with the kickoff of a project, the PM performs the following tasks:

• Acts as the single point of contact for the customer. • Coordinates all customer planning meetings. • Works with the customer to build a mutually agreeable Project Plan that maximizes project efficiencies while ensuring a positive customer experience. • Coordinates all actives with installation service providers. • Tracks, mitigates and resolves all issues throughout the duration of the project. • Provides all reports and deliverables to the customer as indicated in the Project Plan.

The PM plays a key role in each project as he is considered the “hub of the wheel”, ensuring that the Project Plan is cleanly executed and the project runs smoothly and efficiently.

Recognizing the importance of the role of the PM, each PM has been carefully selected for their wealth of knowledge and experience managing numerous CWOPA projects (of all sizes and complexity) and a proven track record of success.

PMO Methodology

The PMO utilizes accepted project management practices as defined by the Project Management Institute (PMI) to deploy project methodologies, processes, procedures, techniques, and tools that will be required to ensure that the program objectives are met. Having customized this methodology specific to the Commonwealth’s processes and requirements, the following represents the phases that we have developed and refined to successfully deliver every project under this contract.

Pre Project Planning

Whenever possible, the assigned Project Manger (PM) meets with the customer prior to release of a purchase order. The PM works with the customer to determine which of the bundled or al-a-carte services best match the customer requirements for the project. Pre planning ensures that the

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customer has accounted for all necessary services prior to submitting the purchase order for approval and all project expectations are set and agreed upon.

Planning

The PMO Manager assigns a Project Manager (PM) for each new project, no matter how large or small. The PM initiates and conducts the required number of deployment planning meetings with the customer. These meetings may be conducted jointly by the PM and the Site Team Lead. The Project Team works with the customer to build a detailed project plan that lists all project activities, tasks, deliverables, and milestones. Once the project plan is finalized, the Project Manager formulates a resource plan that provides adequate staffing levels for each installation site. The Resource Plan lists all site leaders and installation technicians by site, and provides all of the necessary contact information for each individual.

The PM works with the customer to schedule a training session for the installation technicians that provides hands-on training and an opportunity to validate the post-load instructions prior to the start of the project. The PM provides the customer with the Site Survey Form, to be completed by the customer for each site. The PM may request to physically survey each site prior to the start of the deployment. The PM works with the customer to complete any necessary adjustments to the post- load instructions. The PM prepares and distributes all deployment documentation to all parties prior to the start of the project. Customer Project Guide Book

To ensure total customer satisfaction on every CWOPA project through proper expectation setting and thorough and effective communication at all phases of the project, the Dell Sales and/or the PMO will provide each customer with a Project Guide Book that will detail the entire project, from start to finish. The following is the outline of that Customer Project Guide Book:

• Description of Contract – Scope – Hardware, Services and Support – Contract Terms

• Description of all Roles and Responsibilities – CWOPA DGS, Agencies and all participating customers – Dell (as Prime Vendor) Dell Support Infrastructure for CWOPA Project – Project Management Office (PMO) – Dell Service Providers (DSP)

• Description of System Categories – Desktop Systems – Laptop Systems – Ruggedized Systems – Thin Client Systems

• Description of Service Categories – Bundled Services for Project Deployments – Al a carte Services for Project Deployments – Optional Services – Warranty Services – Value Added Services

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• Project Life Cycle – Pre-Order Planning o Requirements Definition o Development of Initial Project Plan o Customer Expectation Setting and Logistics o Service Selection of Bundled or Al a carte Services of Optional Services o Agency (Customer) Action Items – Order Processing o Processing and Delivery of a Quote for Systems/Services o Purchase Order Approval Process Submitting a Purchase Order o Submission of Order Entry Instructions – Order Fulfillment o Order QA and Order Tracking o Order Delivery – Project Management and Project Deployment o Project Planning o Customer Kick Off Meeting Project Pilot o Project Execution o Site Completion Signoff – Project Close o Project Close Meeting Lessons Learned Review Submission or Project Deliverables Project Signoff

• Dell Technical Support – Contact Information and Process o 800# and Support

Project Milestones

Although each project is unique in its requirements, all projects have the same set of built-in milestones with specific target completion dates that must be closely managed. These basic milestones are:

• Project Kickoff o Identify the project and set up project documents. o Contact the customer to set pre-deployment meeting date. • Pre-Project Planning o Meet with the customer to discuss the general project requirements. This meeting can occur before the PO has been submitted. o Set customer expectations. Establish tentative time frames for project milestones. • Project Planning o Meet with the customer to develop the project plan and identify risks. This step may require a series of meetings, depending on project size and scope. o Discuss roles and responsibilities for the project team. o Address site logistical issues and ensure site readiness.

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o Determine project pilot date and location. • Project Pilot o Conduct project pilot. Identify gaps and make appropriate documentation adjustments. • Project Execution o Execute the project plan. o Identify, mitigate and resolve issues. • Project Closeout o Discuss the success of the project and document lessons learned. o Close out all remaining issues. o Obtain signature on project completion documents.

Each milestone contains several steps that are managed to ensure target completion dates are met. Each step within a milestone is assigned a completion date and documented in the project plan.

Order Tracking

The assigned Project Manager (PM) is responsible for tracking all orders placed by CWOPA agencies. The PM is involved in the process from the time the order is placed, (sometimes before), until the delivery is complete. The PM acts as the single point of contact for the customer throughout the process. The PM will mitigate all equipment and customer issues to ensure timely delivery and customer satisfaction. The following is a breakdown of the general steps involved in the order and delivery process:

• The PMO utilizes standardized Dell tools and resources to track all orders placed by CWOPA agencies. • As new orders are received, the Project Manager (PM) checks the order for accuracy. • The PM monitors all new equipment orders throughout the build, ship, and deliver process. • If there is an issue with the order, the PM contacts the customer. • Once the equipment is shipped, the PM contacts the customer or staging facility to coordinate the delivery.

If newly placed orders require bundled or al-a-carte services, the PM ensures that the Dell Service Providers (DSP) receive their order assignments in a timely fashion. The DSP is provided with order numbers and associated quantities prior to shipment of the systems. The DSP is fully prepared to validate all orders and quantities as the systems are delivered to the staging facility. If the systems are shipped directly to the customer site(s), the DSP validates the orders and quantities prior to the start of the project. Any discrepancies are immediately escalated to the PMO Project Manager.

Project Execution Management

The PM monitors installation progress on a daily basis to ensure that the deployment schedule is strictly met. A daily report is provided to the customer that indicates the total amount of equipment installed and documents the status of all issues. During the installation process, the PM is the focal point for issue escalation and mitigation. The PM immediately alerts the customer if an issue is expected to cause a delay in the deployment schedule. At the conclusion of the installation, the PM meets with the customer to resolve all open issues, discuss the success of the project and lessons learned, and to close out the project. The PM presents the customer with the Project Completion

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Certificate for signature, which indicates that all services have been successfully performed, all issues are resolved, and the project is accepted and officially closed.

Asset Recovery Management

The PM works with the customer and Dell asset recovery team to develop a schedule for the removal of old assets. As a departure from past processes, the PM will coordinate the removal of equipment on the same day as installation of new machines. Equipment will be transport to a local warehouse where it will be consolidate and picked up by Dell’s Asset Recovery Services. The PM closely monitors the progress of the surplus equipment removal process to ensure that the schedule is adhered to at all times. The PM immediately alerts the customer of issues that may cause a delay in the schedule. At the conclusion of this process, the PM provides the customer with a document that contains the asset information pertaining to all surplus equipment removed. PMO will provide Dell Asset Recovery Team with customer contact information for delivery of the certificate of disposal and asset inventory of systems returned to leasing company, as appropriate.

Quality Assurance (QA)

The Project Manager (PM) is fully responsible for quality assurance throughout the life cycle of each project. Quality assurance is built into all aspects of our processes to ensure the highest possible level of customer satisfaction. Quality assurance is critical in three (3) major phases of the project:

1. Planning —The planning phase is the most important phase of the project. In this phase, customer expectations are set such that there is a complete understanding of roles and responsibilities for both the customer and the Project Manager (PM). Success cannot be achieved without teamwork, and it is critical that everyone is acutely aware of how and when the project will be executed. Communication is the key to success in any project. During the planning phase, the PM implements a communication plan that clearly specifies communication flow and escalation paths. Also during this phase, the project risks are thoroughly discussed and preparations are made in advance to minimize those risks. Our methodology places most of the work effort in the planning phases, which results in a smooth execution phase with minimal issues. 2. Execution — This is the most critical phase for customer satisfaction. Proper planning results in minimal issues and ensures a high level of customer satisfaction. In this phase, the project manager forwards a daily status & issues report to key customer personnel that details project progress and documents all issues. An owner is assigned to each issue and the issue is tracked to closure, indicating progress made along the way. Providing a high level of visibility of the issues to the customer is very important to the success of the project. No project is completed without the occurrence of issues. However, tracking issues and showing progress to closure demonstrates proper project management for the customer. 3. Close out — This is the phase that ties up the loose ends for the customer. In this phase, all remaining issues are closed out. Lessons learned are discussed and documented. This is important to ensure that any unforeseen issues can be documented and resolved, and also avoided during the next project. The project manager is not permitted to obtain signature on the project completion document until the customer is satisfied that all of the work has been completed and all issues have been resolved. Customer Satisfaction Survey

At the end of each project, Dell will forward a survey form to key customer personnel. The goal is to send the survey throughout several levels of the customers’ organization. This ensures accountability throughout all levels of our project team. The project can only be successful if the entire team is executing their specific roles to perfection.

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In the rare case where a survey is returned with a low score, the Dell Program Manager takes immediate action to correct the situation. This may require speaking directly with the customer to get a more detailed explanation of the issue. Corrective action is taken and documented. This document is provided to the customer and is kept on file with the survey.

Implementing a thorough quality assurance plan is critical to the success of any project. It’s vitally important to have built-in checks and balences throughout every critical project phase. Our quality assurance plan has been proven extremely effective on all of the CWOPA projects of any scope or size.

Reporting

The Project Management Office (PMO) is responsible for the provision of services and associated deliverables to the customer throughout the project’s life cycle. The project documentation includes but may not be limited to the following:

• Project Plan (Microsoft Project) • Site Survey Form • Installation Checklist (mutually developed with customer) • New and old system asset inventory • Project Status & Issues Report (daily or as required by each customer) • Disk Wipe Report (if applicable) • Disk Wipe Log File • Resource Plan • Background Check Document • Site Completion Document • Project Completion Document • Proof of Delivery Document (Lease Returns Only) • Chain of Custody Document • Meeting Minutes The PMO provides customized reporting documentation for each customer. Using our standard templates, we customize our project documents to meet specific customer requirements.

PMO Summary

• The Dell PMO has utilitzed Project Management Institute (PMI) standards to build methodologies and service delivery plans to meet the specific requirements of all CWOPA agencies. • Dell has secured a trusted partner in Transfer Technology who completely understand the unique requirements of each agency and have developed processes that have proven to be effective across the breadth and depth of CWOPA. • Between Dell and Transfer Technology, we have committed the most experienced project managers who have the most in-depth knowledge of all CWOPA projects and your agencies, and who will ensure that all future projects will be as successful as those over the past 4 years. • This team infrastructure and project metholdogy will continue to provide the same effective results over the next contract period.

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Dell’s Manufacturing/Logistics Options

Dell has developed several focused processes supporting high velocity manufacturing and shipping activities required by CWOPA. Fully supporting the build-to-order Dell Direct model are systems, which monitor the order entry, production and shipping logistics processes. Although most of the processes are automatic, Dell will assign operations staff to monitor CWOPA’s orders through the production value chain to ensure timely completion and preparation for shipment.

Should an unplanned process problem or material shortage occur, operations staff will notify the PMO of the situation, while simultaneously implementing alternative approaches planned to nullify the problem, and maintain delivery SLAs. The CWOPA can monitor an individual system's production and shipping status through your Premier.Dell.com Internet site, which provide frequent updates on what process step the system has completed, and/or is currently in.

Dell’s unique approach to doing business, Build to Order, gives Dell the capability to mass customize CWOPA’s order. The order is built to your exact specifications. In addition to the hardware specifications, the custom image (developed during planning) is loaded in the factory and asset tags are applied to the system. Alternatively these activities can also be performed on a local level in one of our partner provided local warehouse/depot. Local Warehousing

Dell recognizes that CWOPA may require assets to be collected and temporarily stored in a local warehouse prior to installation. Using a local warehouse, products will be shipped from our manufacturing facility to a PA-based warehouse. Dell has secured local warehouse in the Harrisburg, Philadelphia, Pittsburgh and Northwest areas of the commonwealth. The products are received and can be staged for deployment or additional services can be delivered within the warehouse. The warehouse can also temporarily store excess equipment for CWOPA. The Dell PMO manages all scheduling activities involved in this service. Representative activities performed in the Warehouse include:

• Purchase Order Consolidation • Asset tagging and management customization • Managed deployment support • Hardware integration and configuration • Software integration and configuration • Customer infrastructure connectivity • Short term warehousing This process is illustrated below on the following page.

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When using a local warehouse, the new units are shipped out of the factory and sent to the local warehouse. CWOPA will acknowledge agreement for storage, shipping and any services to be performed by the local warehouse.

Key points of consideration include:

• Hardware warranty starts when the units ship from Dell to the warehouse. • Customer will need to sign a Service Agreement before we can move forward with the contract. • The Dell PMO in conjunction with our local service provider will manage the warehousing activities

Inside Delivery Options

Per the RFP requirements, CWOPA requires inside delivery on every order. For orders that are routed via the Warehouse, the Dell service provider will ensure inside delivery. For products that are procured and shipped direct to a CWOPA agency/department, Dell is able to offer inside delivery via Dell’s Valued Added Logistics Services (VALS).

Value Added Logistics Services (VALS)

VALS offers additional flexibility above Dell’s standard delivery options and includes additional services such as order consolidation and delivery within their environment. Examples of services available via VALS include:

• Schedule delivery of product around a certain timeframe (Date/Time specific) • Consolidate orders, utilize specialist delivery truck/liftgate options • Receive advanced delivery options • VAL options that are available to CWOPA include: o De-Palletization o Inside Delivery o Single Destination o Inner Office o Unpacking of Boxes

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o Package Removal o Destination Bundle o Trash removal The information that Dell will need for VALS includes:

• Number and type of assets to be warehoused. • Length of time the equipment will be warehoused • Listing of all end user deployment locations (if known) that the product will be shipping to (city/address) • Number of shipments from the warehouse and average # of units per shipment • Ship Method (Next Day, 2nd Day, Ground) • Any special logistics needs (inside delivery, date specific, etc) Key points of consideration include:

• Hardware warranty starts when the units ship from Dell to the warehouse. • Customer will need to sign a Service Agreement before we can move forward with the contract. • The Dell PMO in conjunction with our local service provider will manage the warehousing activities Deploy

As the equipment arrives from Dell to the agencies/departments, they are ready for deployment according to the Deployment plan. The delivery destination at each site will be the desktop staging area (if the site has sufficient space to accommodate one, or, for smaller sites, directly to the end user location). Upon receipt, the equipment is verified against the order and the predetermined installation steps are executed. Typical installation activities include:

• Unpack and assemble system at site • Place equipment where indicated on site survey • Connect all cables and perform tests indicated on installation checklist • Test IP address and network connectivity • Core image and profile are tested for basic functionality (applications can be opened). • Install network printers, peripherals and test • Perform system functionality test • Obtain customer sign-off on functionality • Remove all packaging from site • Other tasks identified during the pilot phase • If the new asset is replacing an end-of-life asset, Dell will either remove the hard drive and/or wipe the contents of the old drive – and will remove the de-installed asset from the CWOPA agency immediately. If the asset is targeted for disposal, the Dell technician will transport the system back to the Dell Warehouse where it will be picked up for proper disposal by Dell Asset Recovery Services (ARS) group. After the testing is completed and old asset has been removed, Dell delivers a site installation/de- installation report, which contains the results, problems encountered, date and time of the start and finish of the install/de-install, and the appropriate information about the equipment processed. A copy of this report is left with the site representative and Project Manager. Lastly the Project Manager

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verifies the successful completion of the installation/de-installation and receives sign off that the work has been satisfactorily completed. The deployment/activity report is used to update Dell’s asset entitlement database, entitling support services for the deployed equipment.

All deployment work will be performed by either MBE/WBE or Enterprise Zone companies.

Train

If required, Dell can develop and deliver End User and Train-the-Trainer training. Dell can provide for a comprehensive services plan addressing the following major areas of interest:

• Technical Training and Consultation • Computer Based Training (CBT) • Additional Training and Development Resources Support

Information on Dell’s warranty support can be found in the previous section of this document titled “Warranty Services.” Dispose

If required by CWOPA, Dell is able to properly dispose of electronic equipment for CWOPA. Dell’s Asset Recovery Services is responsible for ensuring that equipment is disposed of in a safe, environmental friendly manner while at the same time removing any CWOPA specific information that is stored on the hard drive of the end of life asset.

As requested, Dell will either remove the hard drive and/or wipe the contents of the old drive – and will remove the de-installed asset from the CWOPA agency immediately following an installation of a new asset. The Dell technician will transport the system back to the Dell Warehouse where it will be securely stored until picked up can be arranged with Dell’s Asset Recovery Services (ARS) group.

In today’s age of data security, proper measures must be followed to ensure that sensitive information does not fall into wrong hands. Yet many organizations simply do not have the resources to properly remove used systems, particularly those with multiple locations or vast numbers of users. A university study found that only 17% of hard drives were completely blank and contained no file structure or data before disposal.

Environmental liability is also an important concern when disposing of obsolete equipment. Due to the negative environmental impact, heavy fines of up to $25,000 per day, per machine can be levied against companies or individuals who improperly dispose of equipment. Storing unused equipment can be a waste of both space and money.

To overcome these challenges, more and more companies are choosing Dell to professionally manage their disposal, recycling and asset recovery programs.

As part the Dell zero-landfill policy, IT equipment is 100% recycled. 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. Recycling unwanted IT equipment can help keep environmentally sensitive materials out of landfills. In addition, all equipment disposals receive a settlement report, which specifically lists the resale value of each piece of resold hardware and documents any other disposed equipment. A Certificate of Disposal can also be provided to verify that your hard drives were overwritten with an automated script1 and all recycling followed EPA guidelines.

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For CWOPA, Dell will remove de-installed asset from the CWOPA agency immediately following the installation of a new asset. Per the RFP requirements, CWOPA will be able to either have the hard drive wiped or the Dell technician will remove the hard drive and turn it over to the CWOPA contact. If the asset is targeted for disposal, the Dell technician will transport the system back to the Dell Partner Warehouse where it will be picked up for proper disposal by Dell Asset Recovery Services (ARS) group. Value Adds for Desktops

• Installation • Asset Tagging • Imaging (CFI) • De-installation • Disk Wipe • Managed Logistics • Asset Recovery Dell acknowledges and has provided the most cost effective solution as detailed in Appendix F - Cost Spreadsheet. Value Adds for Laptops

• Installation • Asset Tagging • Imaging (CFI) • De-installation • Disk Wipe • Managed Logistics • Asset Recovery Dell acknowledges and has provided the most cost effective solution as detailed in Appendix F - Cost Spreadsheet. Value Adds for Monitors

• Installation • Asset Tagging • De-installation • Managed Logistics • Asset Recovery Dell acknowledges and has provided the most cost effective solution as detailed in Appendix F - Cost Spreadsheet.

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Installation

Dell will provide installation service as outlined in the CWOPA’s RFP at sites located anywhere within the Commonwealth. This service will be performed in the timeframe that’s mutually agreed upon between the CWOPA, Dell’s PMO and our Deployment Subcontractor.

When products are shipped directly to CWOPA sites, Dell will provide Value Added Logistics (VALs) to deliver new equipment inside CWOPA facilities. CWOPA will not be responsible for inside delivery. However due to the requirement to deliver inside; Dell will strive to perform rollout installation preferably the same day as delivery, but no more than a week in advance of the planned delivery date. Dell will also be responsible or removing and disposing all packing material and boxes associated with the proposed equipment. All packing materials, boxes, and de-installed hardware will be removed from the site on the same day the installation is completed.

Scope of Service – Dell will provide the following installation services:

i. Un-box/Unpack the systems and all related components. ii. Transporting the system and all related components from either local offsite warehouse or onsite staging/storage area to the user’s desk or to an area designated by the CWOPA (i.e. Training Room). iii. Verification/testing of the condition and functionality of the different components of the system. iv. Setup (hardware) of the system, as documented by the CWOPA. This will include connecting the different components that were delivered with the system only. v. Customization/setup necessary to connect the system to the CWOPA’s network. This will include validating network and ‘domain’ (or equivalent) connectivity. vi. Applying the asset tag per the CWOPA’s requirements. vii. Recording any asset tag related information as required by the CWOPA and approved by the PMO. The information will be provided to the PMO in a pre-designated format. viii. Performing the Dell Support Process (i.e. Dell CWOPA Care process, Dell Gold Technical Support process) as necessary. ix. Recording the different system and installation related information as required by the CWOPA and approved by the PMO. The information will be provided to the PMO in a pre- designated format. x. Execution of any additional steps necessary to setup the basic functionality of the system. These steps need to be agreed to in writing between the CWOPA, the PMO and the Service Provider. xi. Removal of any packing material, debris, or other items associated with this service from the CWOPA’s location (offsite trash removal). xii. Execution of the escalation process as required by the PMO. xiii. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xiv. Execution of the acceptance process as required by the PMO.

Asset Tagging

Must affix ID tag number and CWOPA inventory asset tag to hardware and tag must be readable from WMI.

As described above in the installation description, Dell is committed to applying asset tags on the CWOPA equipment. Typically we perform this activity during an installation event. Alternatively, Dell can apply Dell created asset tags during our manufacturing process or Dell can apply CWOPA supplied asset tags at the time of installation.

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Imaging

Dell has two options to support the imaging needs of CWOPA; Custom Factory Integration (CFI) and onsite imaging.

Custom Factory Integration is a logical extension of the Dell build-to-order model and as a result, unique in the breadth of solutions we can provide. The Dell Custom Factory Integration (CFI) team will work with the specific CWOPA agency to determine the computer image required to meet the agency’s technology needs. Once this image has been developed and approved by CWOPA, Dell can build desktop, notebooks and servers with CWOPA’s image loaded during the manufacturing time without introducing any extra lead-time.

By automating the process, there is no limit to the number of computers that can be supplied; and it doesn’t stop there. We can work with CWOPA to maintain and update software and reduce the number of software images required on an ongoing basis. ImageDirect

Ensuring a consistent software build throughout an organization is one of the most expensive and time-consuming tasks facing any IT organization. Challenges include not only managing multiple client images for a range of hardware platforms and functional groups, but also meeting any licensing and compliance requirements. ImageDirect can help. Through an online web interface, ImageDirect allows you to securely create, load and manage custom images onto the Dell client systems you purchase.

Extending its unique build-to-order model, Dell has fully integrated ImageDirect into its production systems so that the images you create can be seamlessly applied to your systems during the manufacturing process. Additionally, by allowing you to focus on the management of a single image that works across multiple platforms and departments and by substantially automating much of this work, ImageDirect can streamline image management and enable more robust client images.

Save time & Free up IT Resources

Streamline the development of your custom corporate images so you can be “factory ready” that much sooner. Plus, once your systems arrive from the factory, they’re ready to deploy with your image already loaded. Allow your IT resources to spend less time on image management and more time on more value-added IT activities.

Lower total cost of ownership (TCO)

By simplifying image management and speeding deployment, ImageDirect can help lower your TCO.

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• One image for all current and future client systems — ImageDirect allows an organization to develop a single master image and apply it across all new platforms and user groups, vastly simplifying image management • Parent/child relationship — The parent image contains the operating system and all standard applications, while child images contain applications specific to a department; changes to the parent image replicate to the child images, meaning less development time and effort • Application installs from customer or Dell library — You can upload your own applications or choose an application from the Dell library, giving you the flexibility of choice and the knowledge that you can quickly and easily apply the latest applications • Easy driver management — By having one image for all current and future Dell Precision, OptiPlex, and Latitude systems, driver management is simplified • Image validation and testing — Before deploying your image, Dell applies our knowledge and experience, validating your image to help ensure its integrity and that it is virus-free and contains the latest drivers and customer selected security patches

Get control with 24/7 web access

ImageDirect gives you total control of your image so that you can update and change at any time, helping to ensure that you have the most current software and patches. You also benefit from the flexibility to upload an image created locally or through the simple step-by-step creation process built into the tool.

And the interface has been designed for easy navigation to direct you seamlessly through each step of the process.

Rely on the complete security of data encryption and protection ImageDirect gives you the security you require for image management, with:

• Microsoft Background Intelligent Transfer Service (BITs): ImageDirect uses BITs to provide encrypted file transfer • Secure datacenter environment with user-specified access levels so you can be assured that data stored in ImageDirect is available only to individuals you authorize • ImageDirect automatically notifies you of critical Microsoft security patches for you to apply to your images • All images are stored by Dell on-site in our ISO-9002 certified factories for your access

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How does ImageDirect work?

ImageDirect’s secure, web-based interface makes it easy to create, manage and load your custom images. Using icon-driven functionality, the tool prompts you to import, create and manage images; upload and manage components; and download images and drivers. Depending on your needs, you can import and/or build images to your specifications. Additionally, images can be downloaded for validation in your environment.

To learn more about Dell ImageDirect or any other managed service from Dell, contact your local sales representative.

Direct is an online web interface on Dell's main website that allows CWOPA to create, load and manage your own custom images for inclusion when ordering your Dell hardware purchases. This is a "do-it-yourself" service but if needed, Dell provides on-site assistance and training for a consulting fee.

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Image Creation Options

ImageDirect provides a clear and repeatable process for the creation and import of images.

• Upload core image content o Applications (packaged in unattended / silent install format) o Data files o Scripts, policy files o Custom drivers • ImageDirect builds the image to your specifications • Images can be downloaded for validation in your environment

Import Image

• Locally built images • For applications that cannot be packaged for silent install • For advanced settings • For complex images • For ready-configured applications installed as-is • Build image per specified Build Base • Build image per build doc specs • Run validation / prep tool against image • Import into ImageDirect

Image Build

• Quicker & easier for most customers • Simpler maintenance • Build image online • For applications packaged & silent installed • Scripting required for complex OS requirements • Upload image components (Apps, scripts, etc.)

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Benefits of Dell Custom Factory Integration

• Accountability – One source for end-to-end services • Scalability – Meet needs of growing business • Consistency – Factory integration helps reduce errors • Cost effective – Helps lower costs and speed up deployment • Global – Solutions available worldwide

Some of the activities that Dell’s CFI can perform include:

Software Integration Hardware Integration Asset Management

• Software image (single/cross • Custom / configure BIOS • Asset reporting platform) development settings • Customer provided asset tags • Software image maintenance • Defined BIOS and firmware • Asset tags in BIOS • Software image loading Image versions • Asset tags on packaging recovery tools • Custom RAID solution • Scripted OS load • Option adapters installed in • Software application loading • Non-deviation of selected • Pre-installed* theft-recovery hardware components software agent • Installation of third party • Custom hard drive partitioning hardware • Drop in the box components • Parts replacement program

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How Custom Factory Integration Works

Once your CFI build has been agreed, you can order new units at any time. Each one will be built to the agreed specifications. Onsite Imaging

In addition to CFI, Dell can provide CWOPA with the option to perform image development and loading onsite. Key activities associated with Dell’s field based imaging include:

Scope of Service

i. If the image source is on removable media (i.e. CD, DVD) creating multiple copies of the media as needed to complete the required velocity of image loads. ii. Performing an inventory of the systems that need the image loaded. iii. If required, transport the system and all related components from a storage area to on-site image loading area. iv. If required, unboxing/unpacking the systems and all related components. v. If required, setup the systems and related components to allow for image loading. vi. Load of the image following the CWOPA’s image load procedure. vii. Minimal verification/testing of the applications included in the CWOPA’s image. viii. Performing the Dell Support Process (i.e. Dell CWOPA Care process, Dell Gold Technical Support process) as necessary. ix. Record any image load related information as required by the CWOPA and approved by the PMO. The information will be provided to the PMO in a pre-designated format. x. Execution of any additional steps necessary to completely load the image on a new system. These steps need to be agreed to in writing between the CWOPA, the PMO and the Service Provider. xi. If required, boxing/packing the systems and all related components back to the original shipping configuration using the packing materials that came with the systems and related components. xii. If required, transporting the system and all related components from the image loading area to the storage area as designated by the CWOPA. xiii. Execution of the escalation process as required by the PMO. xiv. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xv. Execution of the acceptance process as required by the PMO.

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Image Development

Dell via our subcontractor Transfer Technology will provide, manage and schedule a team of four (4) talented, senior level technologists, who are all qualified to provide image consulting and image development technical support. As required, the PMO will ensure that this talent will be available to assist CWOPA agencies in their focus, and to ensure that all their images for their desktop/laptop purchased under this contract will meet the requirements all of their respective agencies and users.

Dell will provide a specific “pool of talent” to ensure that the required level of skills will be available, based on CWOPA agency demand and project schedule.

The profile of this team will average technical experience as follows:

• 8+ years of IT industry experience • 3+ years of CWOPA project experience • In-depth knowledge of: o CWOPA, OIT/OA and agency policies and standards o Microsoft tools and other utilities for image prep and technology (i.e., Ghost, etc.) o Dell image direct tool suite and process o Delivery of image process for manufacturing and on-site deployments Benefits to CWOPA and various agencies will be:

• Increased standardization for imaging and integration to all agencies • Increased resource availability of CWOPA staff • Increased range of technical knowledge for CWOPA to access to ensure on-time project schedules De-Installation

This Service provides a means to de-install CWOPA-owned or leased systems (monitor, Laptops or PCs) and components. This service will be performed in the timeframe that’s mutually agreed upon between the CWOPA, the PMO and the Service Provider. If required by the CWOPA, the Service Provider will remove and tag the hard drives from the systems and provide them to the designated CWOPA contact.

Scope of Service i. If the Data Transfer service was not purchased, confirmation from the user or CWOPA contact that a backup of the user data has been performed or is not required. ii. Disconnecting the system and all related components. iii. Perform necessary steps to remove the system from the CWOPA’s network. This will include any steps to remove the system from the ‘domain’ (or equivalent). iv. Transporting the system from the user’s desk or an area designated by the CWOPA to a staging/storage area. Use of stairs will be minimized but may not be avoidable. v. Recording the different system and de-installation related information as required by the CWOPA and approved by the PMO. The information will be provided to the PMO in a pre-designated format. vi. Execution of any additional steps necessary to complete the de-installation of the system. These steps need to be agreed to in writing between the PMO and the Service Provider. vii. Same day removal of any material, debris, or other items associated with this service from the CWOPA’s location (offsite trash removal).

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viii. If Dell’s Asset Recovery Services is required, execution of the Chain of Custody process for the systems that will be picked up by Dell ARS for disposal. ix. If required, performing the necessary steps of notifying ARS of the pickup. x. Execution of the escalation process as required by the PMO. xi. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xii. Execution of the acceptance process as required by the PMO.

Hard Drive Cleaning

Service Description—Disk Wipe

The Disk Wipe Service provides a method for the CWOPA to remove the data on de-installed systems following the defined CWOPA disk wiping standards and using CWOPA provided software. The Service Provider will be responsible for working with the PMO and the CWOPA to determine the quantity of systems that will require a disk wipe. This Service is normally performed prior to return of leased systems to the vendor and is included as part of the De-Installation of a Non-Dell leased System Service.

Scope of Service i. Performing the Disk Wipe process as defined by the PMO. ii. Performing an inventory of the systems that require this Service. iii. Performing the logistics necessary to complete this Service. iv. Removal of the systems’ hard drive because of errors during the Disk Wipe process or the Disk Wipe process failed to complete. This will include labeling the hard drive to identify the system where it was removed from and turnover of the hard drive to the CWOPA’s designated contact. This will only be necessary if required by the CWOPA. v. Removal of any material, debris, or other items associated with this service from the CWOPA’s location. vi. If Dell’s Asset Recovery Services is required, execution of the Chain of Custody process for the systems that will be picked up by Dell ARS. vii. If required, performing the necessary steps of notifying Dell’s ARS of the pickup. viii. Recording any disk wipe related information as required by the CWOPA and approved by the PMO. The information will be provided to the PMO in a pre- designated format. ix. Execution of the escalation process as required by the PMO. x. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xi. Execution of the acceptance process as required by the PMO.

Service Description – Hard Drive Removal

The hard drive removal service provides a method for the Customer to remove a hard drive from a system that has been de-installed system.

Scope of Service i. Remove hard drive from de-installed systems ii. Label removed hard drive with appropriate asset information iii. Completed chain of custody to document customer’s acceptance of the hard drive iv. Turn hard drive over to client

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Manufacturer’s Warranty Maintenance

CompleteCare Accidental Damage Service

CompleteCare Accidental Damage Service offers investment protection against accidental damage to select systems and peripherals caused by exposure to everyday usage and environments, especially mobile workforce settings. Plus, Dell’s CompleteCare Accidental Damage Service is easy to use. You deal directly with us, with no hidden fees or surcharges. And with flexible service plans available in 1- to 4-year terms, you can customize CWOPA’s coverage based on the needs of your business.

Key Features

• Investment Protection – We help protect your technology investment by minimizing out-of- pocket expenses to repair unplanned damage. You can rest assured your equipment is covered from most losses. • Increased Scope of Coverage – CompleteCare Accidental Damage Service is a separate service agreement that picks up where the Limited Warranty leaves off, to cover most accidental damage such as spills, drops, surges and breakages. • Easy to Use – You deal directly with Dell and there are no additional fees or surcharges. • Flexible Coverage – CompleteCare Accidental Damage Service is available in 1- to 4-year terms. CompleteCare Accidental Damage Service is a repair and replacement service that covers various accidental damage (spills, drops, surges, breakages) not covered under Dell limited warranty for the following Dell systems:

Sample Consumer System Use Common Business Lat Situations Multi-Use: A systems or multiple users such as retail, multiple uses such as home, peripherals serving medical, education, dual school, professional, or X multiple uses personal, and professional uses volunteer Multiple Users: A multiple users such as multiple users such as systems or peripherals students, kiosks, multiple shifts children, family members, X shared among multiple using shared work space volunteer workers users high mobility such as corporate high mobility such as family High Mobility: Computer travel, between corporate vacation spots, college systems or peripherals campuses/meeting rooms, filed campuses, scout meetings, X exposed to mobile applications (sales, insurance PTA meetings, or other settings adjusters, police, military) volunteer settings harsh environments such as Harsh Environments: classrooms, natural elements, harsh environments such as Computer systems or transportation hubs and college dorms/campuses, peripherals exposed to vehicles, military settings, or homes with children or pets, X high-risk or harsh personal high-risk rugged environments such as environments environments such as homes campsites, or beaches with children or pets

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CompleteCare Accidental Damage Service1 covers repair and replacement for various accidental damage, not covered under Limited Warranty 2, including spills, drops, surges, and breakage to select systems or peripherals. Examples of some of the un-intentional damage that are covered are:

Cause of Failure Resolution Description Liquid spilled on or in unit Repaired or unit replaced Drops, falls, and other collisions Repaired or unit replaced Electrical surge Repaired or unit replaced Damaged or broken LCD due to a drop or fall Repaired Accidental breakage (multiple pieces) Repaired or unit replaced

Damage caused by intentional acts, fire, theft or loss, is not covered under CompleteCare Accidental Damage Service. Some examples of damage that would NOT be covered are:

Cause of Failure Resolution Description Damaged in a fire Not covered — insurance coverage Intentional damage (hammer marks) Not covered — user responsible Stolen unit Not covered — insurance coverage Normal wear (does not affect system performance) Not covered Consumables (batteries, bulbs) Not covered

If an incident occurs, call the Dell technical support line to report the problem. After answering a series of questions, Dell can initiate the appropriate repair or replacement services, which may include shipment of replacement parts, dispatch of service personnel, or shipment of the damaged product to a Dell repair facility, or a whole unit exchange procedure.

Additional Services

Listed in this section are additional Dell services for CWOPA. The list below represents the services that other client’s with similar needs find most beneficial. Dell offer’s additional services, however, to keep our response as focused as possible we have omitted many non-Client based services. At a high level, Dell’s additional services for CWOPA include:

• Project Guide Book – This guide book will be used to ensure consistency of services across all projects and agencies. Dell is providing this asset to CWOPA for free. • eSmart - Dell’s eSMART™ is the on-demand IT asset management solution that allows you to better manage your IT costs and mitigate compliance risk by automating software and hardware inventory management, managing license compliance, and monitoring software usage. • Everdream – Dell’s Everdream "software-as-a-service" technology leverages an Internet connection to automate processes that enable effective, real-time PC desktop management regardless of the location of the assets. The centralized management platform integrates a complete line of PC desktop management software services to provide superior visibility and control so that our client’s can put our client’s mind at ease knowing that CWOPA desktops are in compliance, safe and secure, and up and running. • ATS - Dell’s Asset Tracking System (ATS) is used to track the installation and servicing of assets within an Dell account. By capturing this information, ATS is able to provide outstanding value to our clients. A live log-in has been provide to CWOPA in this section of

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our response. • Warranty Parts Direct (WPD) – WPD is a Dell program that allows customers to perform their own in warranty work. This program is very popular with larger agencies who tend to have on staff the technical expertise needed to keep their assets working without any external intervention. • Vista Readiness – Upgrade to Microsoft Vista is no longer a question of if … but when. Dell’s Vista Readiness assessment helps client identify the risks, costs and estimated timeframe need to move to MS Vista. • Lifecycle Assessments - Dell’s Lifecycle Assessment (LCA) provide clients with an objective, independent review of their Client infrastructure and the support organization(s) in place. Attention is paid to the difference between a client’s approach and the industry best practice approach.

Customer Project Guide Book

To ensure total customer satisfaction on every CWOPA project through proper expectation setting and thorough and effective communication at all phases of the project, the Dell Sales and/or the PMO will provide each customer with a Project Guide Book that will detail the entire project, from start to finish. The following is the outline of that Customer Project Guide Book:

• Description of Contract – Scope – Hardware, Services and Support – Contract Terms

• Description of all Roles and Responsibilities – CWOPA DGS, Agencies and all participating customers – Dell (as Prime Vendor) Dell Support Infrastructure for CWOPA Project – Project Management Office (PMO) – Dell Service Providers (DSP)

• Description of System Categories – Desktop Systems – Laptop Systems – Ruggedized Systems – Thin Client Systems

• Description of Service Categories – Bundled Services for Project Deployments – Al a carte Services for Project Deployments – Optional Services – Warranty Services – Value Added Services

• Project Life Cycle – Pre-Order Planning o Requirements Definition o Development of Initial Project Plan o Customer Expectation Setting and Logistics o Service Selection of Bundled or Al a carte Services

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of Optional Services o Agency (Customer) Action Items – Order Processing o Processing and Delivery of a Quote for Systems/Services o Purchase Order Approval Process Submitting a Purchase Order o Submission of Order Entry Instructions – Order Fulfillment o Order QA and Order Tracking o Order Delivery – Project Management and Project Deployment o Project Planning o Customer Kick Off Meeting Project Pilot o Project Execution o Site Completion Signoff – Project Close o Project Close Meeting Lessons Learned Review Submission or Project Deliverables Project Signoff • Dell Technical Support – Contact Information and Process o 800# and Support

eSmart IT Asset Management

Dell’s eSMART™ is the on-demand IT asset management solution that allows you to better manage your IT costs and mitigate compliance risk by automating software and hardware inventory management, managing license compliance, and monitoring software usage.

Installed in over 100 countries and in organizations ranging from small businesses to global enterprises with thousands of locations, eSMART is an important part of the software asset management process (SAM) and follows ISO/IEC 19770-1 standards.

eSMART uses our patented tracking technology to deliver the asset management reports you need to manage your software and hardware inventory efficiently and make the right decisions regarding purchasing, software licensing, maintenance, upgrades, and deployments.

eSMART helps you better manage your IT costs and mitigate your compliance risk through:

• Hardware and Software Inventory Management • Software License Compliance Management • Software Usage Monitoring How eSMART Works

eSMART is easy to install. Deployment can begin almost immediately and can cover thousands of users within days. Because eSMART is a web-based, hosted solution, all that’s needed is a small tracking agent that deploys across your network. Your end users won’t know it’s there. Even when it’s collecting software and hardware inventory, it will not disrupt work.

Once deployed, the agent communicates with the eSMART Network Operations Center (NOC) to send software and hardware inventory data. No user files or data are sent. And since the data is all

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outbound, it doesn’t tax your network’s bandwidth. Within seconds after deploying the agent, you can begin viewing reports.

Dell will provide CWOPA with one year of licensed use of eSmart for 5,000 clients. Dell’s Everdream Asset Management

Dell offers subscription based desktop management services that are provided using the Software as a Service (SaaS) delivery model leveraging on-demand software services and tools. The software services are available in the following service suite configurations: • The Compliance Services Suite includes Asset Discovery, Asset Management, Procurement Optimization, Software License Management and Software Distribution. • The Desktop Security Services Suite includes Patch Management, Malware & Antivirus Protection, Online Backup and Data Encryption • The IT Support Services Suite includes Remote Support and Remote Access capabilities. The centralized management console of the Dell Desktop Manager solution enables near real-time asset visibility and provides an integrated IT management and reporting solution for your client assets. The Figure below details the Dell Desktop Manager service suites and optional services that are available. The Dell Desktop Manager services may also be subscribed to on an a la carte basis to meet the specific needs of CWOPA.

Dell Desktop Manager software and managed services can be applied to any Internet enabled PC, independent of OEM, that utilize a Microsoft Operating System including Microsoft Windows 95, Windows 2000, Windows XP or Windows Vista. Dell branded systems that have the Dell Desktop Manager software agent installed and are subscribed to the software services, will automatically have detailed Dell financial, operational and service history data associated with the asset as it registers with the Dell Control Center. This unprecedented 360 degree view of CWOPA’s assets provides key data from the point of purchase order creation to the disposal of the asset at the end of the assets life or end of lease.

Compliance Services Desktop Security Services IT Support Services

Asset Software Patch Antivirus Single Point of Contact Deskside Support & Field Data Backup & Restoration Administration Compliance Distribution Administration Service Desk Service MANAGED

Asset Software Malware & Procurement Software Patch On Line Data Discovery & License Antivirus Remote Support Remote Access Optimization Distribution Management Backup Encryption

SaaS Management Management Protection

Management Platform

Dell Desktop Manager Solution Set

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Asset Discovery

The Asset Discovery service enables CWOPA to automatically discover all IP-based network devices (desktops, notebooks, servers, network printers, routers, etc…) segmented by IP subnet, network range, and SNMP community string; and provide CWOPA access to such information via the Internet accessible Dell Control Center (DCC). This Service will provide CWOPA multiple options to schedule scans of its network environment, provide notification of scan completion, and provide reporting by both device type and vendor.

Asset Management

This service will enable CWOPA to retrieve and track over 130 key asset configuration items including Windows user name and hardware and software configuration from all systems, and provide CWOPA access to such information via the DCC. Hardware and software configuration information retrieved will, at a minimum, include: System identification by user, status and connection to the network (WAN or remote); hardware type and configuration (CPU, RAM and HDD); and software tracking and usage for both packaged and customized applications (total installed copies across all Systems, usage frequency segmented by System and software title). CWOPA will also be able to track software license data (identifying unauthorized software, software usage exceeding licenses and unused licenses). This Service will also enable CWOPA to remotely take over systems through a LAN-based remote control.

Procurement Optimization

Dell systems subscribed to the Dell Desktop Manager software services, will automatically have detailed Dell financial, operational and service history data associated with the asset as it registers with the DCC. This Procurement Optimization feature provides unprecedented 360 degree view of CWOPA’s assets provides key data from the point of purchase order creation through the disposal of an asset at the end of the assets life. The Figure following details the automation of the Dell data asset integration.

Information aggregated for each unique customer

Office 1

Each PC has a unique Dell Service Tag INTERNET

Office 1

Platform

Asset Details • All software inventory Mobile Users • All hardware inventory • New: Dell Service Tag

Dell Data Integration Detail.

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Software License Management

The Software License Management service provides CWOPA with the ability to monitor the software compliance level across the installed base. This capability helps ensure CWOPA is not overpaying for software licenses not being used or to quickly address situations where CWOPA may be under licensed based on the number of instances of software installed measured against what has been procured. Additionally, CWOPA will be able to leverage the software usage metrics collected by Dell Desktop Manager to make informed decisions regarding the corrective actions that need to be taken.

Software Distribution

CWOPA If CWOPA purchases the electronic Software Distribution (ESD) Service, Dell Desktop Manager will enable CWOPA to deploy Packages or upgrades for Windows-based systems (created by CWOPA, by third parties or by Dell) in Customer’s Package Library. End User’s will have the ability to request Packages from CWOPA’s Package Library via e-mail. Through the DCC, CWOPA’s IT administrators will be able to distribute Packages to Systems in response to a request, system- wide or in another manner, and obtain information regarding the status of deployment efforts. ESD delivers all packages using 128-bit SSL encryption, resumes partially completed downloads, and monitors and manages bandwidth consumption to minimize bottlenecks. Dell does not warrant the operation of any Packages that are not developed by Dell. For purposes of this Service Description, a “Package” means a customized software program provided by Dell to CWOPA in connection with the Software Distribution, the Patch Management and the Patch Distribution services, which program is used to distribute and install other software on, or to configure, Systems.

Patch Management

The Patch Management software service conserves IT resources by automating all patch management functions. Patch Management allows fully-automated or targeted patch distributions, supports checkpoint restarts to resume partially completed patch updates and centralizes patch compliance reporting.

Dell continually monitors and assesses newly released security-related bulletins and related Patches applicable to Microsoft’s currently supported workstation and server Operating Systems and Office Suites that have been generally commercially available for at least six months, including Microsoft Windows 2003, XP, Vista and 2000 operating systems and Microsoft Office 2003 and XP productivity solutions for PCs.

Online Backup

The Online Backup software service protects from data loss through automated, Internet-based backup technology powered by Iron Mountain®. Online Backup automates the scheduling and execution of frequent backups, safeguards critical data at fully redundant off-site storage facilities, and can restart interrupted backups.

If CWOPA purchases the Online Backup Service, Dell will provide for the regular backup of data on each System, such that Customer will not permanently lose any data that: (i) has been stored on a System, (ii) is actually backed up using SES, and (iii) is available for restoration according to the file retention settings on the server. Depending on CWOPA’s selection, the data to be backed up can be selected by Dell (backup of default folders) or by End User (folders to be backed up selected by Customer, with the option to select/backup all folders). In case of any loss of data in a System, Dell will provide to CWOPA's IT administrator(s), on a 24x7x365 basis, the encryption key necessary to restore any data backed up from that System. It will be CWOPA's responsibility to restore any backed up data. Only data that has been selected to be backed up on the applicable System may be restored. CWOPA may elect to receive Online Backup Service in one of the following methods, at CWOPA’s option.

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Remote Support

The Remote Support service can be used by CWOPA’s IT department to support remote end-user troubleshooting activities. This service provides secure, two-way, web-based desktop and application view and control through a browser-based interface.

Remote Access

By selecting the Remote Access software service, IT departments will be able to perform proactive desktop management and support. This service helps to eliminate the need for onsite support by enabling IT technicians to remotely and securely install applications and fixes on unattended systems and reboot systems while maintaining connectivity.

Administration

IT Administrators Management Console

The administration of the Dell Desktop Manager services is enabled through the Internet based Dell Control Center (DCC). A sample of the activities that a registered user can perform from the DCC include:

• View the assets under management • View the financial, operational and service history of any Dell asset • View the complete hardware and software change history • Make updates or edits to assets as role based permission configuration allows • View standard or run ad-hoc reports • Schedule the client agent to perform specific tasks such as software or patch distribution • Monitor the status of scheduled events

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Dell Control Center (DCC) Portal

Dell charges on this service based on the number of assets and the list of services requested and entitled for the Everdream software solution.

Asset Tracking System - ATS

Dell’s PMO will be responsible for developing and delivery the operational reports that will help CWOPA assess ongoing service quality and responsiveness. To assist in this effort Dell has developed and has recently deployed for CWOPA our Asset Tracking System (referred to herein as ATS). Dell uses ATS as a central “system of record” for all service activity.

To help CWOPA understand both our system and the value it can offer CWOPA, we have created a temporary log-in for the CWOPA. Our system can be found at https://www.d- dms.com/Reports/Pages/Folder.aspx?ItemPath=%2fCWOPA&ViewMode=List. The log in information is as follows:

User Name: CWOPA Password: DellValue#1 (case sensitive)

As shown in the following graphic, information from a variety of sources can be input into ATS for data collection, aggregation and reporting.

Page 90 CWOPA Statement of the Problem

The ATS system is included in our response to CWOPA.

Shown below are some sample screen shots from the CWOPA ATS instance.

ATS Home Screen

Asset Report allows you to filter between customer types (CWOPA or COSTARS) and then allows the user to select an individual customer name and get an asset report (by serial tag number) for all assets the customer has ordered on the contract.

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Asset Detail search provides search capability for all any single or combinations of asset details (e.g. PO search, serial number search, warranty, address, etc.)

Count of Warranties by Warranty Length provides a quick snapshot of the warranties and length for all machines sold under the contract. Search options include warranty length, customer type (CWOPA or COSTARS), and Customer Name.

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Expiring Lease count by customer name allows a user to quickly identify which leases will expire by calendar month.

Expiring Warranty count by Site shows a quick summary of out of warranty machines and a count of expiring machines by calendar month

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Installation Chart provides a chart of systems sold with “installations” and another chart which represents those machines as a percentage of the total sales for the month. Executive reporting chart can be tailored by customer type, customer name, and month for drill down/analysis.

Lease report provides leasing information by customer and reports full purchase order information for those leases.

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Managed Assets by model and expiring warranty date provides warranty information by model.

Managed Seat count provides the total number of systems by asset type (e.g. desktop, laptop, server, etc)

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Monitor Chart provides information on individual monitor purchases

Monthly Install Volume provides information on installations by month

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Not Installed as of Today provides visibility into the production, delivery, and installation for orders

Product Chart shows all product types ordered against the contract.

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Volume chart represents systems sold by quarter over the contract period

The ATS system is included in this proposal response.

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Warranty Parts Direct

The Dell Warranty Parts Direct Program is a service and support plan designed specifically for IT Professionals who have technical expertise in diagnosing and servicing computer systems. This flexible service program supports Dell customers who use a Help Desk for service dispatch, provide self maintenance or for Dell customers who want to appoint a service provider to maintain their Dell branded hardware.

With benefits like fast access to Service, Service Part Dispatches, and direct access to Dedicated Technical Support, the Dell Warranty Parts Direct Program helps to provide technicians with the knowledge, tools and services necessary to efficiently maintain Dell Dimension, OptiPlex, Precision Workstations, Latitude, Inspiron, PowerEdge and PowerVault Systems and Printers.

Please note that the Warranty Parts Direct program is not an authorized service center program. This program allows Dell's large account customers the option of selecting their own service provider if the eligibility guidelines are met by both the end-user customer and the customer appointed service provider.

A service provider may participate in the program only for the limited purpose of supporting Dell end- user customers who request the service provider to service their products or if the service provider is acting as a self maintainer. The End User must be a Dell Corporate or Dell Public customer and not a Dell Home Sales Customer. The Program is not available to individual consumer accounts. There is a minimum requirement of 100 systems registered to the Dell end-user at the location(s) requesting enrollment.

The Dell Warranty Parts Direct Program Tier 1 benefits are reserved exclusively for IT Professionals who pass a certification exam on each of the product families they intend to service and support.

Professional technicians with expert knowledge occasionally need to collaborate with other professionals. That is why Warranty Parts Direct Certified Technicians can bypass remedial troubleshooting and quickly be routed to a Dedicated Technician, helping to save time. Tier 1 Features

Tech ID and PIN

• A unique Dell Technician Identification Number (Tech ID) and Personal Identification Number (PIN) are issued to each IT professional participating in the Warranty Parts Direct Program. • If Online Certification is purchased, the ID and PIN will be sent to the technician via Email, allowing them to certify online via the Members Site. • If Dell Hardware Maintenance (DCSE) classroom training is purchased, the Warranty Parts Direct ID and PIN will be issued when classroom training is complete. • Certified Technicians have access to Dedicated Technical Support after they successfully complete testing. However, no warranty parts or service will be dispatched until the Enrollment Process is complete. Annual Certification

To utilize the services of the Dell Warranty Parts Direct Program, technicians are required to pass a Dell certification proficiency examination for each of the product families they intend to service and support.

Currently the Dell Warranty Parts Direct Program offers annual certification exams for the Dell Dimension, OptiPlex, Precision Workstations, Latitude, Inspiron, PowerEdge, PowerVault Systems and Laser Printers product lines.

Page 99 CWOPA Statement of the Problem

The cost to become a Dell Warranty Parts Direct Certified Technician is dependant upon the selected method of certification:

• Warranty Parts Direct Online Certification is available within the Warranty Parts Direct Members Site. • Dell Hardware Maintenance classroom training o The customer can choose to travel to Round Rock, Texas for optional classroom training and then complete the DCSE online certification self-study modules. Each technician who successfully completes the Dell Dimension, OptiPlex, Precision Workstations, Latitude, Inspiron, PowerEdge, PowerVault, and Laser Printers certification exams may view/print an official Dell Warranty Parts Direct Certificate directly from the Warranty Parts Direct website.

Service or Service Parts Dispatch

Certified technicians or logistics personnel, authorized by their company to order warranty parts, may request warranty parts or service by logging into the Members Site or by calling the Hotline.

Downloadable Parts List by System Type

• Warranty Parts Direct Does Not Require a Part Number to When Requesting Warranty Parts • Certified technicians or logistics personnel, authorized by their company to order warranty parts, may request warranty parts or service by logging into the Members Site or by calling the Hotline and providing the hardware failure data and part(s) requested.

Dedicated Technical Support

Superior technical skills enable I/T Professionals to resolve most support issues without technical help. But when dealing with complex problems, sometimes even the best service professionals need assistance. That's why the Dell Warranty Parts Direct Program quickly routes your calls for technical assistance to a Dedicated Warranty Parts Direct Technician, helping to save time and money.

Standard Customer Service Delivery:

Dell Warranty Parts Direct Dedicated Technical Support staff is dedicated to utilizing their extensive knowledge, experience, and resources to provide I/T professionals with fast and effective solutions for system problems.

Online Services

Customers enrolled in the Warranty Parts Direct Program with active Tech IDs, can now access the program's benefits via the internet. This exclusive service allows enrolled members access to all of the Warranty Parts Direct Program offerings from one website:

• Online Certification • Online DCSE Self-Study Materials • Certification Status • Online Parts or Service Dispatches • Online Service Call Status

Page 100 CWOPA Statement of the Problem

• Online Out-Of-Warranty Replacement / Spare Parts Purchases • Online Labor Reimbursement Requests

Certified technicians or logistics personnel, authorized by their company to order warranty parts through Dell’s Warranty Parts Direct program, may request warranty parts or service by logging into the Warranty Parts Direct Members Site or by calling the Warranty Parts Direct Hotline and providing the hardware failure data and part(s) requested.

Additional information can be found at http://warrantypartsdirect.dell.com/

Dell will include CWOPA 200 free Dell Certified Systems Expert (DCSE) CBT’s and exams. Additional information can be found at http://DCSE.DELL.COM . Dell will also waive the WPD organizational enrollment fee for CWOPA. Vista Readiness

Simplify your Windows Vista migration planning with Dell.

The next-generation Operating System (OS) from Microsoft® Windows Vista® is being touted as the most secure, highest quality Windows® release to date. Windows Vista offers many enhanced features in security, performance, manageability and reliability as well as a more intuitive and life-like interface. Windows Vista is designed to support compatibility, standardization and management across systems. By upgrading to Windows Vista, you can experience enhanced productivity and advanced security which can translate to significant cost savings.

Get the Dell Advantage

To capitalize on the benefits of Windows Vista, you must make sure your computing environment is ready for the upgrade. Dell’s Windows Vista Readiness Assessment is designed to identify key steps to preparing for your migration while determining potential risks, eliminating unforeseen costs, and detecting possible challenges. Dell will provide relevant recommendations to help make your transition to Windows Vista as smooth as possible.

Dell’s Windows Vista Readiness Assessment provides a custom detailed analysis of your organization’s preparedness to upgrade, and includes a comprehensive gap analysis with recommendations on how to close those gaps. Topics addressed in the assessment include:

• Hardware Readiness – Dell determines if Windows Vista can run and perform on your current install base by: – Sampling your current hardware inventory – Assisting you in setting a minimum hardware specification – Measuring and reporting current inventory against tiered compatibility standards for running Windows Vista

• Software Readiness – Dell assesses your application compatibility readiness by: – Performing Dell’s Application Compatibility Reporting service on a subset of your applications – Using discovery tools to catalog a sampling of software titles in your client PC environment – Advising you on best practices for testing custom applications for Windows Vista compatibility – Identifying issues on applications that cannot be remediated.

Page 101 CWOPA Statement of the Problem

• Organizational Readiness – Dell helps determine if your organization is ready to deploy Windows Vista by: – Analyzing your deployment project plan – Providing guidance on Windows Vista version in relation to your specific licensing and security requirements – Evaluating your imaging processes and strategy – Providing template project plan data to use for modeling your own Windows Vista migration – Advising on appropriate hardware refresh plan based on your Windows Vista deployment needs

• End-User Readiness – Dell helps determine if your users and policies are ready for Windows Vista by: – Evaluating your end user and IT professional training plans and recommending effective training strategies – Advising on desktop management policies and best practices – Review of Windows Vista features and anticipated impact on end user population

• Infrastructure Readiness – Dell helps determine if you are ready to deploy and manage Windows Vista by: – Evaluating ability to manage Windows Vista after the deployment – Assessing impact of Windows Vista Group Policy Objects (GPOs) and how to take advantage of GPO features – Determining the impact of Windows Vista data security features on your existing infrastructure – Evaluating impact of Windows Vista activation process

• Executive Summary – Report listing all recommendations in abbreviated format

• Findings Report comprised of: – Analysis of your current state of readiness in each of the core components along with recommendations for improvement – Actionable recommendations for closing the gap between current state and full Windows Vista readiness – Top features and benefits of Windows Vista that affect end user productivity – Detailed sample project plan – Compatibility reports on a sample subset of your hardware and applications

• Executive Findings Presentation – Executive level presentation of findings delivered to your executive team

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Are You Ready for Windows Vista? Dell offers a wide variety of Assessment, Planning, and Deployment services to help you do more with less, safely. Let Dell Services streamline your Windows Vista migration. From early readiness assessments to full migration services, Dell can deploy your new client machines in a complex IT environment or refresh your client assets over a scheduled timeframe with Dell Deployment Services.

Dell’s Vista Assessments depends on the number of sites and PC’s to be analyzed. Lifecycle Assessments

Dell offers Desktop Lifecycle Assessment Services tailored to meet the explicit goals and objectives of our customer. The key activities/objectives of these assessments include:

• Reviewing the state of customer’s current mode of IT operations to further understand the goals and business drivers for the future; • Identifying and documenting opportunities to reduce total cost of ownership; • Evaluating the current environment in relation to industry benchmarks, and offering findings and recommendations for the future based on relevant data and analysis that positions the IT services organization to enhance future service delivery effectiveness; • Validating the current mode of operation and articulate opportunities for efficiencies and cost savings; and • Documenting the maturity of service levels, and identify opportunities for reducing any gaps that exist in the current delivery environment. Key functional areas that are reviewed in a Lifecycle assessment include:

Page 103 CWOPA Statement of the Problem

Desktop Services Functions

• IMAC, Disposal and Redeployment • Break-Fix and Warranty Support • Onsite & Offsite Desktop Support • Asset Management • Procurement • Imaging • Applications

Service Desk Functions

• Level 1 & 2 (related to desktop support) • Print and File Services

Cross functional Components

• Service Level Management • Financial Management • Change Management • Release Management

Illustrated below is high-level summary of Dell’s Lifecycle Assessment approach and outcome

Page 104 CWOPA Statement of the Problem

Transfer of Equipment

Dell acknowledges Commonwealth of Pennsylvania transfer of equipment requirements and can comply.

• Freight on Board (FOB) – Any order against the contract will be delivered FOB. • Inside Delivery – Dell will utilize Value Added Logistics Support (VALS) to meet your inside delivery requirements. Dell’s logistics team will work with national shipping partners to coordinate your inside delivery for hardware purchases. Inside delivery may also be coordinated when utilizing managed logistics services. Transfer Technology manages this “white glove” inside delivery to your exact specifications in conjunction with your entire services project. • Shipping Tracking System – Commonwealth agencies have several options when it comes to tracking order shipment. o Asset Tracking System (ATS) – Need to know if your order is still being built in the factory, in transit, or delivered to a service partner and waiting for your project to start? No problem. ATS provides complete visibility to the build, box, and ship process. Log in, Click on “CWOPA” folder, Click on “Not Installed as of Today”. The “Not Installed as of Today” report gives agencies the ability to look at their specific agency (drop down box to select customer type) and then select customer name. This will show all units in production, in transit, or with a partner waiting for installation. Click on any of the “bold” numbers and look at purchase orders. Click on purchase orders to find individual service tags.

o Dell Website – Customers may also check order status on Dell’s website: dell.support.com Click on check order status (top right corner of page), you may then search by several criteria (e.g. PO number, customer number, etc.

o Dell Account Team – Any order shipping questions can also be answered by your account team: Inside Sales Representative, Account Executive, Services Program manager, and Transfer Technology Project Managers are also available to answer you order shipment questions. • Shipping Materials – In June 2008, Dell was the first major computer company committed to the long term goal of being “carbon neutral”. One of the many standards implemented in its manufacturing facilities is the International Standards Organization Environmental Management (ISO 14001). o In meeting the ISO 14001 standard Dell is committed to using the highest possible biodegradable/recycled packing material. Dell utilizes biodegradeable “green cell” foam for all packaging and the highest possible amount of recycled packing materials. • Packing Slips – All boxes are clearly marked by the manufacturing order number, serial number, and purchase order information. In the unlikely event this information becomes missing, Dell can provide lost packing slips or agencies can request replacements at support.dell.com. Staffing

Dell acknowledges this request and can comply. Please see the organizations charts and the Personnel department.

Web Site

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Powerful Simplicity: Premier.Dell.com

Premier.Dell.com helps you save both -- while still getting the right products to the right people at the right price. Premier offers:

• Customized, one-stop-shopping • Detailed product information • Simplified administration and reporting

The new Premier.Dell.com integrates with B2B and is a secure, highly customizable platform. .

The Information You Need

Without context, information is meaningless. Premier gives you comprehensive product information -- plus the context to help you select the products that best meet your needs. Premier features:

• Detailed product specifications and descriptions for all products on the 5850-01 CWOPA contract • Purchase and lease pricing for contract configurations • Side-by-side product comparisons

Streamlined Purchasing Power

The Key to Spending Control

E-Quotes are unique, individual price quotes that a user can save and route to an authorized buyer. With e-quote functionality:

• End users configure and price their own systems • Authorized buyers receive e-mail notification of saved e-quotes for review and approval • Time-consuming double-entry of order information and costly errors are reduced • Valid e-quotes are saved for 30, 45 or 60 days to accommodate authorization cycles

Start-to-Finish Visibility

Premier lets you track your order from first mouse-click to shipment. The result? Fewer time- consuming status inquiries and less phone-tag. Premier offers:

• Immediate order acknowledgement detailing your order • An automatic e-mail order confirmation, including order details, projected ship dates, and billing and shipping addresses • Real-time visibility into your order status • Shipment notification

Access Groups

Control What Your Users Can See

IT needs differ by function and department. The design group needs different options than the accounting department, whose needs differ from telecommuters', whose needs differ from the management team's.

Access Groups answer all these disparate needs -- and avoid the “too much information” trap -- by offering tailored, group-specific views of:

Page 106 CWOPA Statement of the Problem

• Relevant bundles and configurations • Catalog views • Reporting options • Checkout, payment and shipping options

Custom and Standard

Premier includes two basic Access Groups and the ability for you to create your own with an easy-to- use wizard.

• General Access: Users in this access level has all features turned on except for reports • Administrator Access: Users in this access level have all features turned on including reports • Custom Access Groups: Here you can turn on and off content and features for users that will be assigned to this access group

Automated Management

Within your organization, your Site Administrator has exclusive authority to create or modify Access Groups. (Your Dell Account Team can also create Access Groups for you.) Once groups are established, the Site Administrator can use a simple wizard to:

• Review and edit Access Group settings • Manage individual users within an Access Group • View an audit trail of changes to any Access Group

Roles

Premier allows you to assign roles to individuals within each Access Group. These roles are key to creating a flexible procurement plan that stays within budget. They work by allowing you to define what individual end users can do with content available to their Access Group.

There are six roles within each Access Group:

• Shoppers have access to product pages and can save and retrieve their own e-quotes, but cannot place orders • Buyers can shop, save and retrieve e-quotes, and place orders • E-Quote Buyer view e-quotes for anyone in the user group and place orders • Site E-Quote Buyer view e-quotes for anyone in any user group associated with your Premier page and place orders • User Administrator can place orders for all users and manage user privileges • Site Administrator has global access to the site and the ability to create and manage Access Groups and roles

Quick and Easy Access to the Information You Need

Premier translates your direct relationship with Dell into an accessible online format with easy access to comprehensive, up-to-date, and customizable data about all your Dell transactions. Its sophisticated reporting functionality is designed to help you to plan your purchasing, verify your payments, and manage your assets -- all at the click of a mouse. Flexible options allow you to search and sort the information so it's most useful to you.

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Purchase History

Comprehensive Purchase History Reports let you view and save detailed information about your organization's orders over the past 13 months. The various reports include information about purchase order numbers, order numbers, order dates, invoice dates, ship dates, SKU numbers and descriptions, quantities, amount and status.

Customized Reports

Makes Reports that Work for You. Premier's customizable reports let you tailor reports to your requirements. Depending on your needs, you can add up to six custom fields in a report, including the Dell service tag, type of system, and current warranty status. Premier also offers the flexibility to save as many as 20 customized report formats for ongoing use.

Exporting and Sharing Reports

Compiling and sharing reports is simple. Premier reports can be easily exported to Microsoft® Excel® and shared with colleagues.

Reviewing Order Summary Reports and Details

Order Summary Reports show all invoiced and non-invoiced orders for up to 13 months. One click on any of the blue data fields drills down to order details and status.

Comprehensive Search Tools, Customized Display

Premier.Dell.com makes it easy to display information so it fits your specific needs. Entering the PO number, the order number, the customer number, or the service tag number allows you to search on relevant reporting data so you can determine:

• What you ordered… • How many you ordered… • When you placed your order…

Invoices

Premier provides round-the-clock access to online copies of all your Dell invoices -- paid and unpaid - - for 24 months. We've designed online invoices to be intuitive and useful: They look just like your organization's original hard-copy invoices and include service tag numbers for simplified comparisons

The Power to Plan for the Future

Sign up for Dell's ImageWatch service to view information about technology changes six to twelve months in advance. ImageWatch service can help you prepare a proactive procurement plan that incorporates future technology changes and minimizes their impact.

Page 108 CWOPA Statement of the Problem

Comprehensive, Accessible Tech Support

The Dell support site provides fast, flexible access to a comprehensive array of technical support resources. Designed for support technicians, helpdesk specialists, system engineers and IT managers, the Dell support site offers many of the same powerful tools our support technicians use including:

• Searchable support FAQs • Warranty expiration reporting • Automated alerts and upgrade notifications • Detailed technical specifications • Comprehensive compatibility information • Online tech support chat with access to support technicians

Downloads

Premier makes it easy to keep your systems up to date with one-stop access to a library of the most recent OS patches and firmware upgrades. Premier offers:

• A complete file library for all product lines • The flexibility to search by file name, description, date or device

Notifications

Premier helps you stay on top of mission critical IT events.

With Knowledge Watch, you can sign up to receive vital alerts concerning your Dell products, including critical knowledge articles.

FileWatch lets you sign up to receive up-to the minute notifications, so you know the moment new upgrades become available. File Watch alerts are graded by criticality, so you can prioritize which alerts you would like to receive.

My Systems & Peripherals

Premier simplifies troubleshooting with the ability to view, manage, and customize your Dell Systems. My Systems & Peripherals allows you to manage up to 500 systems. You can import systems by customer number or order number, and create custom descriptions for your systems. My Systems & Peripherals gives you easy access to details like:

• System configuration • Service call status • Service contract type

Top Technical Solutions

Knowledge Base

Dell Knowledge Base gives you instant answers to your technology questions from a comprehensive database of problems and solutions. You can search for information by date, keywords, service tag, product type, or document number.

Page 109 CWOPA Statement of the Problem

• A single source for your IT product needs • Complete control over your product standards • Easy access to the information your staff needs to deploy and support IT products • Purchase and asset management reports

Electronic Interface

Dell B2B E-Commerce Overview

Dell's B2B solution is a direct portal into Premier pages. Both B2B and Premier use the same catalog, hosted at Dell, to service the customer's shopping experience.

The CWOPA SRM system leverages the Internet to connect with Dell's online systems to shop and purchase from the 5850-01 contract offerings.

For B2B, four transactions are supported in the supplier hosted solution (see Figure below):

• "PunchOut" - authenticated access to the customer's catalog at Dell from the customer's Internet browser to facilitate shopping • Order Requisition - shopping cart data pulled back into the customer's ERP system and workflow processing • Electronic Purchase Order - sent back to Dell for automated order processing • PO Acknowledgement - response returned to customer

Supplier hosted solutions means Dell will host the catalog. Customers will access their own custom catalog to retrieve their personalized configurations. Dell teams maintain this catalog to support the Commonwealth’s SRM platform. Features include:

• Line item detail • Pcard or purchase card • Standard business lease • Partial baskets, in which the quantity can be changed at the customer site

Enhanced Product Information

With B2B integration, you 'punch out' of your procurement application to your Premier page. There you may browse product information, configure a product, and then pull your shopping cart back to your procurement application. You can also view order status and access other important links.

Page 110 CWOPA Statement of the Problem

B2B Integration

We’re proud of our mutual success in the CWOPA SRM Pilot

The Commonwealth’s SRM system provides end users with a web-enabled purchasing and payment solution that makes procurement easier for all agencies and for the Department of General Services.

In 2007, Dell’s online business team worked with DGS to pilot supplier integration with the SAP/SRM system. The successful pilot led to broader implementation and today orders flow from CWOPA agencies electronically to Dell’s Inside Sales and Order Processing organizations.

With the challenging start up phase behind us, the real benefits are becoming apparent:

• Purchasing has been simplified and standardized • Agencies are realizing lower processing costs with rising internal efficiency • Provide fast, efficient, and dependable process for order placement, receipt of confirmation, delivery of goods, and invoice accuracy

SRM Supplier Portal

Dell is a registered user on the SRM portal, which is managed by the local Account Team. The integrated system provides a for electronic funds transfer to a single Dell-remit to address.

Page 111 CWOPA Statement of the Problem

Orders are online, and our partners are onboard.

The Dell difference is the fully integrated team – already in place – that translates our B2B transaction into action.

Agencies order online, we receive orders online. Sounds simple enough, but integrating the Commonwealth’s SRM system with Dell’s enterprise B2B platform required months of dedication and effort on the part of our respective online teams. Still, there’s an important piece missing.

Even the most finely tuned B2B integration does not provide an end-to-end solution if no provision has been made to include the project management teams that work closely with our Disadvantaged Business partners to deliver projects Commonwealth agency locations statewide.

This is where the partnership we have developed with Project Management Office (PMO) partner Transfer Technology over the past four years plays an important role.

Project Management Office (PMO) Integration

Order Tracking

• The PMO utilizes standardized Dell tools and resources to track all orders placed by CWOPA agencies. • As new orders are received, the Project Manager (PM) checks the order for accuracy. • The PMO monitors all new equipment orders throughout the build, ship, and delivery process.

Page 112 CWOPA Statement of the Problem

• If there is an issue with the order, the PMO contacts the customer. • Once the equipment is shipped, the PMO contacts the customer or staging facility to coordinate the delivery.

If newly placed orders require bundled or ala carte services, the PMO ensures that the Dell Service Providers (DSP) receive their order assignments in a timely fashion. The DSP is provided with order numbers and associated quantities prior to shipment of the systems. The DSP is fully prepared to validate all orders and quantities as the systems are delivered to the staging facility. If the systems are shipped directly to the customer site(s), the DSP validates the orders and quantities prior to the start of the project. From there, any discrepancies are immediately escalated to the PMO Project Manager and corrective actions are taken to ensure that agency requirements are met to ensure a successful project.

Confidentiality and Security

Dell acknowledges this request and can comply.

Reports and Project Control

As your vendor over the last four years, we have been able to meet or exceed the Commonwealth’s reporting requirements in the required timeframes and formats. If chosen to continue our relationship, Dell’s Asset Tracking System (ATS) is ready to provide you with increased reporting and asset visibility. ATS login’s have been provided and described in the value added section. ATS provides online reporting and is updated daily. All of the reports can be filtered by COSTARS procurement agencies, CWOPA agencies, or other external agencies.

Here is how Dell will meet the Commonwealth’s online reporting requirements from Day 1:

ATS will meet all of the online quarterly reporting requirements outlined below:

• Costars Usage Report – Filter any ATS report or chart by selecting “Costars” in the customer type drop down box. • Quarterly Usage Report on external procurement activities– Filter any ATS report or chart by selecting “Non-exec” in the customer type drop down box. • Warranty Service Reports – Choose either “Expiring Warranty Count by Site” or “Managed Assets by Model and Expiring Warranty Date” to get current or planned warranty expiration information. • Remedy Asset Management System – monthly or as needed file by respective agency. ATS provides agencies the ability to export files in several different formats. Agencies can export asset information into Remedy from ATS. • Quarterly report depicting purchasing volume by the Commonwealth and using agencies, including all costars and other agencies. Go to the “Volume Chart” in ATS and filter by customer type and name. Drill down to specific agencies or customer types. Choose your time period…all data from May 10, 2004 to present is available and updated daily. Salesforce.com will provide online reports to track warranty calls.

• Call-tracking report for warranty support o Date of initial call, requesting agency, contact person, nature of call o Date of initial offeror response o Date and brief explanation of problem closure

Page 113 CWOPA Statement of the Problem

• Dell’s Custom Support Queue can also meet electronic warranty reports (excel) if required. Customer Satisfaction

• Customer satisfaction surveys are performed by an independent third party company. Surveys are provided to customers by phone or email. Monthly Break Fix Reporting Requirements

• Salesforce.com has online reporting tabs which will support the identification of response time, fix time, repeat calls, and general monthly status reports for all break fix activity. Web based reports

• All of Dell’s proposed web based reports are updated daily and will reflect agency/bureau items for any given period • BMWBO reporting • Dell tracks actual dollars paid to service partners and will continue to provide quarterly reports to serve as a record of fulfillment Samples of the various report types can be found in the services portion of the Work Plan section of this response. Contract Requirements

Dell acknowledges and can comply with this request.

Page 114 CWOPA Prior Experience

PRIOR EXPERIENCE

Dell is proud to have the opportunity to serve CWOPA’s needs over the last 4+ years. During this time, Dell Managed Services has been installing, configuring and removing assets from the Commonwealth’s environment. A few summary statics include:

• Managed over 500 individual projects/deployments of all sizes • Deployed 80,000+ PCs (over 120,000 total devices). • Managed over 50 PC custom image (CFI) projects to date. • Managed over 15,000 system disk wipes and provided each client with disk wipe logs.

Immediately following are Dell’s customer surveys.

Page 115 CWOPA Personnel

PERSONNEL

Immediately following are resumes of key support personnel.

Page 116 CWOPA Training

TRAINING

Training Services

The rise of technology has revolutionized the way today’s business world operates, resulting in a workforce that is more productive than ever before. But maximum productivity can only be realized if everyone throughout the work environment has access to up-to-date training resources. IT departments need to be armed with the latest knowledge, so that they can help minimize downtime and maximize performance. While end users need to be as efficient as possible by self-managing routine IT problems and optimizing their uses of software applications.

Yet, trying to fit training sessions into the tight schedules of your IT staff and end users can be a challenge. That’s why Dell offers an expansive suite of training services with a variety of delivery methods to choose from — including instructor-led classroom training, self-directed online training and a complete learning management system (LMS). So at the end of the day, we can help you develop a complete and thorough training program. One that’s based on the needs of your organization, and built to help maximize your IT investments. Key Benefits

• Improve staff productivity. We can help you maximize productivity by training your end users to optimally use the most popular software applications and peripherals. • Reduce end-user requests. With Dell Training, your end users can learn how to handle routine IT problems by themselves. The result can reduce end-user support requests and free your IT staff to concentrate on more strategic projects — helping you to reduce support costs. • Minimize downtime. We can help you reduce scheduled and unscheduled downtime by training your IT staff to implement and self-maintain your Dell hardware — helping you to realize the ROI of your technology purchase.

Dell Hardware Training and Certifications

As the one and only source for Dell hardware training and certifications, we offer a complete portfolio of programs covering Dell systems, including:

• Dell PowerEdge Servers and Dell OpenManage • Dell/EMC Storage Solutions • Dell Client Hardware Maintenance

Infrastructure Software and Certification Training

Need training on the latest infrastructure software? Dell offers comprehensive programs for some of the most popular enterprise applications. Through our strategic partnership with Microsoft®, we can now offer training on Dell servers and Microsoft software — all on one product order. You can get a total solution: Dell hardware, Microsoft software and comprehensive training in one seamless transaction. And since we offer a variety of training options, you can customize a program to meet the unique requirements of your organization. Training to help you prepare for certification on key infrastructure components includes:

Page 117 CWOPA Training

• Vista and Office 2007 Migration Training Solutions • VMware and Virtualization • Infrastructure software training — such as Microsoft Exchange and Red Hat® Enterprise Linux®, Oracle and HPCC • Industry certification training — such as Microsoft Certified Systems Engineer (MCSE) and Red Hat Certified Engineer (RHCE) Did you know?

• Dell exceeds industry benchmarks in training customer satisfaction, with an average score of 6.37 out of 7. • Dell has received the ISPI Award of Excellence in Training.

PC Skills and Professional Development

Training

Maximizing your IT investment also means making sure your employees know how to optimally use the most popular end-user PC applications — such as Microsoft Windows® and Microsoft Office — and accessories. As part of this robust offering, Dell provides online and instructor-led professional skills development training.

Dell Learning System

This total e-learning solution includes it all — robust courses preloaded on Dell hardware, an easy-to- use learning management system (LMS) and ongoing technical support. Because the entire LMS resides on your Dell server and is therefore within your IT infrastructure, you don’t have to worry about firewall issues. And it’s priced per box, so you don’t have to purchase complex multi-user licenses.

You also have options to further customize your system. A Live Expert Tutor option is now available, allowing users to ask questions via chat about course topics. The Courseware Integration Option allows administrators to add courses from other sources directly onto the LMS. Capabilities include installing the new courseware, setting up the LMS to identify the course, and modifying the reporting system to allow tracking of the new courses completed and the grades obtained by the students.

Custom Training

We can design a program or learning path based on your organization’s unique requirements. After assessing your specific needs, we’ll customize a training package that fits your operation’s people, vocabulary and learning environment, including retail point-of-sale and change management training solutions.

Page 118 CWOPA Financial Capability

FINANCIAL CAPABILITY

Dell Financial Performance

Immediately following is Dell’s financial information. More detailed financial performance information and past filings may be obtained from Dell’s restated Financial results through the SEC 10K filings on www.dell.com/investor.

Revenue for the full fiscal year 2008 was $61.1 billion, an increase of 6 percent year-over-year and earnings per share grew 15 percent to $1.31. In the final quarter of FY2008 Dell resumed its share- repurchase program, and spent $4 billion to repurchase 179 million shares of common stock. In the first quarter of fiscal 2009 the company expects to spend at least $1 billion to repurchase its shares.

"Execution against our priorities continues to drive growth," said Michael Dell, chairman and CEO. "As businesses and consumers worldwide join the Connected Age -- one that's underscored by more data, more devices and more users -- we see enormous opportunities to enable them to Simplify IT and participate."

The company is addressing cost and productivity across its entire operations. Over the last eight months the company has reduced its global headcount by 3,200, excluding acquisitions. Dell has also accelerated its product refresh cycles with a renewed emphasis on cost, product design and product features. The award winning Dell Inspiron 1525 went from concept to manufacturing in less than half the time of its predecessor and costs were reduced $70 per unit.

"While Dell continues to drive towards a world-class cost structure and competitiveness we have much work to do," Mr. Dell said. "Resurgent growth puts us on a strong footing to improve our cost position, scale expenses and enhance productivity across our business. I am confident that from this base we can continue to drive improvements in profitability."

Achievements

Dell's achievements in the fourth quarter were led by continued growth in countries outside the United States, where sales were up 16 percent and accounted for 49 percent of the company's total revenues. Growth was especially strong in BRIC (Brazil, Russia, India and China) countries where revenue grew 36 percent on a 50 percent increase in units. Growth was also strong in Asia Pacific and Japan where revenue grew 28 percent and units were up 41 percent. Americas International revenue grew 22 percent.

Page 119 CWOPA Financial Capability

During the year, Dell won more than 400 awards for its products and its notebooks were among the most recognized, demonstrating the company's significant attention to innovative design and customer experience. Services revenue was up seven percent and the company's deferred services revenue balance grew 25 percent to $5.3 billion.

Dell’s statement reads as follows:

“Dell restated its financial statements relating to fiscal 2003, 2004, 2005 and 2006 (including the interim periods within those years) and the first quarter of fiscal 2007. The financial information in our SEC filings for those periods should not be relied upon. Dell’s restated financial information is in its Annual Report on Form 10-K for the fiscal year ended February 2, 2007 available via the Internet at www.sec.gov or www.dell.com/investor.”

Annual Financial Highlights

An extract from the restated financial data is shown below:

Fiscal Year Ended

February 2, February 3, 2006(a) January 28, 2005(b) January 30, 2004 January 31, 2003(c) 2007 As As As As As As As As As Reported Reported Restated Reported Restated Reported Restated Reported Restated (in millions, except per share data) Results of Operations: Net revenue $57,420 $55,908 $55,788 $49,205 $49,121 $41,444 $41,327 $35,404 $35,262 Gross margin $9,516 $9,950 $9,891 $9,015 $9,018 $7,552 $7,563 $6,349 $6,438 Operating $3,070 $4,347 $4,382 $4,254 $4,206 $3,544 $3,525 $2,844 $2,738 income Income before $3,345 $4,574 $4,608 $4,445 $4,403 $3,724 $3,711 $3,027 $2,907 income taxes Net income $2,583 $3,572 $3,602 $3,043 $3,018 $2,645 $2,625 $2,122 $2,031 Earnings per common share: Basic $1.15 $1.49 $1.50 $1.21 $1.20 $1.03 $1.02 $0.82 $0.79 Diluted $1.14 $1.46 $1.47 $1.18 $1.18 $1.01 $1.00 $0.80 $0.77

NOTE: Results for Fiscal 2006 include charges aggregating $421 million ($338 million of other product charges and $83 million in selling, general and administrative expenses) related to the cost of servicing or replacing certain OptiPlex systems that include a vendor part that failed to perform to our specifications, workforce realignment, product rationalizations, excess facilities, and a write-off of goodwill recognized in the third quarter. The related tax effect of these items was $96 million.

Fiscal 2006 also includes an $85 million income tax benefit related to a revised estimate of taxes on the repatriation of earnings under the American Jobs.

Results for Fiscal 2005 include an income tax charge of $280 million related to the repatriation of earnings under the American Jobs Creation Act of 2004 recorded in the fourth quarter. Creation Act of 2004 recognized in the second quarter.

(b) Results for Fiscal 2005 include an income tax charge of $280 million related to the repatriation of

Page 120 CWOPA Financial Capability

earnings under the American Jobs Creation Act of 2004 recorded in the fourth quarter.

(c) The adjustments relating to fiscal years prior to Fiscal 2003 are reflected in beginning retained earnings. The cumulative impact of these adjusting entries increased beginning retained earnings by $59 million, net of tax.

Company Outlook

The company will continue to incur costs as it realigns its business to improve growth and profitability. While the company believes these actions are necessary to drive long-term sustainable value, they may adversely impact the company's near-term performance. In addition the company's results could be adversely impacted by more conservative spending by its customers. The company is, however, benefiting from accelerating growth and an improving mix of products and geographic regions, and the company expects to achieve substantial improvements in cost and productivity.

Special Note:

Statements in this document that relate to future results and events (including statements about future financial and operating performance) are forward-looking statements based on Dell's current expectations. Actual results and events in future periods could differ materially from those projected in these forward-looking statements because of a number of risks and uncertainties including: general economic, business and industry conditions; our ability to maintain a cost advantage over our competitors; local economic and labor conditions, political instability, unexpected regulatory changes, trade protection measures, tax laws, copyright levies and fluctuations in foreign currency exchange rates; our ability to accurately predict product, customer and geographic sales mix and seasonal sales trends; information technology and manufacturing infrastructure failures; our ability to effectively manage periodic product transitions; any additional issues or matters that may arise from the ongoing SEC investigation; our ability to successfully remediate identified internal control deficiencies; our reliance on third-party suppliers for quality product components, including reliance on several single-source or limited-source suppliers; our ability to access the capital markets; litigation and governmental investigations or proceedings arising out of or related to accounting and financial reporting matters; our acquisition of other companies; our ability to properly manage the distribution of our products and services; effective hedging of our exposure to fluctuations in foreign currency exchange rates and interest rates; obtaining licenses to intellectual property developed by others on commercially reasonable and competitive terms; our ability to attract, retain and motivate key personnel; loss of government contracts; expiration of tax holidays or favorable tax rate structures; changing environmental laws; and the effect of armed hostilities, terrorism, natural disasters and public health issues. For a discussion of those and other factors affecting Dell's business and prospects, see Dell's periodic filings with the Securities and Exchange Commission.

Final Results for Fourth Quarter of Fiscal Year 2008

Dell today reported results for its fourth quarter of fiscal year 2008, with revenue up 10 percent year- over-year to $16 billion, unit growth of 19 percent, operating income of $776 million and earnings per share of $0.31. Revenue for the full fiscal year was $61.1 billion, an increase of 6 percent year-over- year and earnings per share grew 15 percent to $1.31.

Cash from operations totaled $1.2 billion, while cash and marketable securities at the end of the quarter were $9.5 billion. Dell resumed its share-repurchase program during the quarter, and spent $4 billion to repurchase 179 million shares of common stock. In the first quarter of fiscal 2009 the company expects to spend at least $1 billion to repurchase its shares.

"Execution against our priorities continues to drive growth," said Michael Dell, chairman and CEO. "As businesses and consumers worldwide join the Connected Age -- one that's underscored by more data, more devices and more users -- we see enormous opportunities to enable them to Simplify IT and participate."

Page 121 CWOPA Financial Capability

Fiscal Year Fourth Quarter Year to Date (in millions except share data) FY'08 FY'07 Change FY'08 FY'07 Change Revenue $15,989 $14,470 10% $61,133 $57,420 6% Operating Income $776 $827 (6%) $3,440 $3,070 12% Net Income $679 $726 (6%) $2,947 $2,583 14% EPS $0.31 $0.32 (3%) $1.31 $1.14 15% Note: All comparisons in this press release are year-over-year unless otherwise noted.

Earnings per share in the quarter were affected by the following items:

• $83 million in expense, or four cents per share, related to the write-off of in-process research and development resulting from the acquisitions of EqualLogic and Everdream; • $54 million in expense, or two cents per share, related to business realignment, including severance costs and facility closures; • $27 million in expense, or one cent per share, in investigation related costs; • $11 million in amortization expense of purchased intangible assets; • A reduction in a litigation reserve related to copyright levies of $58 million, or three cents per share; and, • A $44 million expense reduction, or one cent per share, related to an annual true-up for the full- year of stock award forfeiture credits related to SFAS123R stock-based compensation expense. In the company's fiscal 2007 fourth quarter, earnings per share were affected by the following items:

• $207 million reduction in the provision for employee bonuses, or seven cents per share; • $89 million in expense, or three cents per share, in investigation related costs; and, • A $36 million one-time gain on the sale of real estate, in financing and other income, or one cent per share. Regional Highlights

Europe, Middle East and Africa (EMEA): Revenue increased 8 percent and shipments were up 14 percent. Shipments of notebooks increased 36 percent for the quarter and mobility revenue was up 25 percent. Revenues in EMEA emerging countries increased 44 percent.

Americas Business Unit: Revenues were up 7 percent for the quarter and shipments increased 13 percent driven by a 22 percent increase in revenues from Americas International. Revenue in Brazil, a key emerging country for Dell, grew 52 percent. Dell maintained its No. 1 position in the U.S. commercial segment with 35 percent of all units shipped in the quarter, according to industry analyst estimates. As the quarter progressed, Dell saw more conservative spending by some of it customers, particularly in global accounts, including financial services.

U.S. Consumer: Revenue growth accelerated to 12 percent driven by a 25 percent increase in shipments. Unit share increased by over three points - the largest quarterly gain in over three years. New product offerings and expansion into retail contributed to this performance.

Asia-Pacific and Japan (APJ): Revenue in the quarter grew by 28 percent on a 41 percent increase in units. APJ growth was strong across all product categories and led by performance in India, China and Australia/New Zealand, where revenue grew year over year 57 percent, 32 percent, and 29 percent, respectively. Shipments of notebooks increased 71 percent year over year for the region.

Page 122 CWOPA Financial Capability

Company Outlook

The company will continue to incur costs as it realigns its business to improve growth and profitability. While the company believes these actions are necessary to drive long-term sustainable value, they may adversely impact the company's near-term performance. In addition the company's results could be adversely impacted by more conservative spending by its customers. The company is, however, benefiting from accelerating growth and an improving mix of products and geographic regions, and the company expects to achieve substantial improvements in cost and productivity.

Dunn and Bradstreet Number

Dun & Bradstreet Number is 11-431-5195. Per D&B policy, Dell cannot provide its D&B rating.

Page 123 CWOPA Terms and Conditions

TERMS AND CONDITIONS

Dell agrees to negotiate in good faith with the Commonwealth any additional terms and conditions.

Page 124 CWOPA Co-Stars Questionnaire

CO-STARS QUESTIONNAIRE

Immediately following is the requested Co-Stars Questionnaire.

Page 125 CWOPA Domestic Workforce Questionnaire

DOMESTIC WORKFORCE QUESTIONNAIRE

Immediately following is the Domestic Workforce requested form.

Page 126 CWOPA CWOPA Hardware Requirements

CWOPA HARDWARE REQUIREMENTS

Immediately following is CWOPA’s Appendix E – Hardware Requirements.

Page 127 LOT 1 IT HARDWARE PC REQUIREMENTS Standard PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet Supplier Response - How does the Minimum Requirements for Standard PC Criteria Explanation Requirements Supplier Notes this requirement product meet the requirement? ID (Yes/No)? 1 Form Factor Mid -Tower Mandatory Yes Mid Tower Chassis 2 Processor Mandatory Intel E2160, 1.8GHz, 1M, 800MHz FSB EXCEEDS SPEC Intel® Dual Core Processor (1.60GHz, 1M, 800MHz FS) Yes 3 Memory: Mandatory 2.0GB,Non-ECC,667MHz DDR 2x1GB 2.0GB,Non-ECC,667MHz DDR 2x1GB (4 Slots) Yes (4 Slots) Keyboard: USB Enhanced Multimedia Keyboard Mandatory Dell USB Enhanced MultiMedia 4 Yes Keyboard 5 Monitor Flat Panel Display,22 inch (Wide Screen) Mandatory Yes E228FPW 22" Flat Panel Display Operating System: Mandatory Genuine Windows Vista® with VISTA Genuine Windows Vista® with VISTA Business License Business License to XP Pro Downgrade 6 to XP Pro Downgrade Rights, English Yes Rights, English Hard Drive: Mandatory 160GB SATA 3.0Gb/s and 8MB Cache 7 160GB SATA 3.0Gb/s and 8MB Cache (7200 RPMs) Yes (7200 RPMs) Mandatory Intel Integrated Video GMA 3100 Graphics Card 8 Integrated Video 256 MB (Direct 9x capable) Yes 256MB, Direct 9x Capable Intel Q35 Chipset Mouse: Mandatory Dell USB 2 Button Optical Mouse 9 2-Button Optical Mouse with Scroll Yes w/Scroll NIC: Mandatory Intel GbE LOM compatible with 10 Gigabit4 LOM compatiable with Power Management Yes Power Management Dash-ready, iAMT 3.0, ASF 2.0 Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory 48x32 CDRW/DVD w/Cyberlink Power 11 Yes DVD Software 12 Sound Card: Integrated Sound Mandatory Yes Integrated Sound 13 Speaker Internal Audio Speaker Mandatory Yes Internal Audio Speaker 14 PCI Slots 2 PCI Slots Mandatory Yes 2 Full Height PCI 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA/DVI, EXCEEDS SPEC I/O Ports 1xSerial, 1xParallel, 1x PS/2 Port, 1xRJ‐45, Audio in/out, 9 USB:2frt, 6rear,1 int,VGA,Ser, Par, 15 Mic Highly Desirable Yes PS/2 ser port ad, RJ45, Audio i/o, Mic Mandatory EPEAT/Energy ratings for all machines EXCEEDS SPEC NOTE 16 Silver (http://www.epeat.net) Yes Gold Dell offers Resource CD below; cell locked 17 Misc: Resource CD via Website Support Download Mandatory . LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard High End PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High End P/C Supplier Notes the product meet this Supplier Response - How does the ID Criteria Explanation Requirements requirement (Yes/No)? product meet the requirement? 1 Form Factor Tower Yes Tower Chassis 2 Processor Mandatory Intel E8200 2.66 GHz, 6M,1333MHz EXCEEDS SPEC Intel® Dual Core PC Processor 2.4 GHz, 1066, FSB, 2MB L2 DC/VT Yes FSB,DC/VT 3 Memory: Mandatory 2GB, 800MHz, DDR2 SDRAM Memory, 2GB, 800MHz, DDR2 SDRAM Memory, 2X1GB (4 Slots) Yes 2x1GB (4 slots) Keyboard: Mandatory Dell USB Enhanced MultiMedia 4 USB Enhanced Multimedia English Keyboard Yes Keyboard 5 Monitor: Flat Panel Display,22 inch (Wide Screen) Mandatory Yes E228FPW 22" Flat Panel Display Operating System: Mandatory Genuine Windows Vista® with VISTA Genuine Windows Vista® with VISTA Business License to XP Pro Business License to XP Pro Downgrade 6 Downgrade Rights, English Yes Rights, English Hard Drive: Mandatory 160GB SATA 3.0Gb/s with NCQ and 7 160GB SATA 3.0Gb/s with NCQ and 8MB Cache Yes 8MB Cache Mouse: Mandatory Dell USB 2 Button Optical Mouse 9 USB 2-Button Optical Mouse with Scroll Yes w/Scroll NIC: Mandatory Intel GbE LOM compatible with 10 1 Gigabit4 LOM compatiable with Power Management Yes Power Management Dash-ready, iAMT 3.0, ASF 2.0 Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory 48x32 CDRW/DVD w/Cyberlink Power 11 Yes DVD Software 12 Sound Card Integrated Sound Yes Integrated Sound 13 Speakers: Internal Audio Speaker Mandatory Yes Internal Audio Speaker 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA/DVI, 1xSerial, 1xParallel, 1x 9 USB:2frt, 6rear,1 int,VGA,Ser, Par, PS/2 I/O Ports 14 PS/2 Port, 1xRJ‐45, Audio in/out, Mic Highly Desirable Yes ser port ad, RJ45, Audio i/o, Mic 15 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory yes Gold EXCEEDS SPEC Graphics Card: Mandatory Intel Integrated Video GMA 3100 16 Integrated Video 256 MB (Direct 9x capable) Yes 256MB, Direct 9x Capable Intel Q35 Chipset 17 RAID Configuration: 0,1 Capable Mandatory Yes Raid 0,1 Capable Misc: Resource CD via Website Support 18 Resource CD via Website Support Download Mandatory Yes Download LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for Standard the product meet this Supplier Response - How does the product meet Supplier Notes ID Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Mandatory Intel T7250 Dual Core Processor, 2.0GHz, 800MHz, 1 Intel® Dual Core Processor , 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Yes 2ML2 Cache, Core 2 Duo Exceeds Spec 2 Memory: 2GB, DDR2‐667 SDRAM, 2 DIMM Mandatory Yes 2 GB DDR2-667MHz, 2 DIMM 3 Display: 14 inch Wide Screen WXGA Mandatory Yes 14.1 in. Wide WXGA LCD 4 Feature: Internal English Keyboard Mandatory Yes Internal English Keyboard 5 Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory Yes Intel GMA X3100 6 Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400 RPM Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, Mandatory Genuine Windows Vista® with VISTA Business License 7 English Yes to XP Pro Downgrade Rights, English 8 Feature: Standard Touchpad Mandatory Yes Standard Touchpad 9 Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory Yes 24x CDRW/DVD W/Cyberlink 10 AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 11 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card 12 Battery: 6-Cell/56 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Yes 6-Cell/56WHr (Minimum 2 hour battery life) with Express Charge Expansion slots PCMCIA and/or Express Card Mandatory 13 Yes 1 PCMCIA Type I/II slot; supp Express Card via USB 14 USB 4 Slots Highly Desirable Yes 4 USB Slots D/Port, D/Dock, D/View Notebook Stand, D/Monitor Docking Capabilities 15 Mandatory Yes Stand 16 Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader 17 Smart Card Reader Mandatory Yes Integrated Smart Card Reader 18 Weight Please specify Mandatory Starts @ 4.47 lbs 19 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Yes Gold Exceeds Spec 20 Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem 21 Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth High End Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High the product meet this Supplier Response - How does the product meet Supplier Notes ID End Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel T7700 Dual Core Processor, 2.4GHz, 800MHz 1 Intel® Dual Core Processor , 2.4 GHz, 800Mhz 2M L2 Cache, Dual Core Mandatory Yes 4M L2 Cache, Core 2 Duo Exceeds spec 2 Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM 3 Display: 15 inch Wide Screen WXGA Mandatory Yes 15.4 inch Wide Screen WXGA 4 Feature: Internal English Keyboard Mandatory Yes 5 Graphics Card: Integrated Video 256 MB (Dedicated;Direct 9x capable Mandatory Yes 256MB Quadro NVS 140M 6 Hard Drive: 120GB Hard Drive 7200RPM Mandatory Yes 120GB Hard Drive 7200RPM Includes Free Fall Sensor 7 Operating System: Genuine Windows Vista® with VISTA Business License Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Mandatory Yes to XP Pro Downgrade Rights, English 8 Touchpad Standard Touchpad Mandatory Yes Standard Touchpad 9 Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory Yes 24x CDRW/DVD W/Cyberlink 10 AC Adapter: 90W AC Adapter Mandatory Yes 90W AC Adapter LAN: 1GB NIC and 1490 Dual Band WLAN 11 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Yes (802.11a/g,54Mbps) Mini Card Battery: 9-Cell/85 WHr Primary Battery (Minimum 2 hour 12 9-Cell/85 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Yes battery life) 13 USB 4 Slots Mandatory Yes 4 Slots Expansion slots PCMCIA and/or Express Card Mandatory 13 Yes 1 PCMCIA Type I/II slot; supp Express Card via USB 14 Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader 15 Smart Card Reader Mandatory Yes Integrated Smart Card Reader 16 Weight Please specify Mandatory Starts @ 5.97 lbs D/Port, D/Dock, D/View Notebook Stand, D/Monitor Docking Capabilities 17 Mandatory Yes Stand 18 Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem 19 Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download 20 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Yes Silver LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet this Supplier Response - How does the product meet Supplier Notes Minimum Requirements for Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Dual Core, 1.20GHz Mandatory Yes Intel Core 2 Duo 1.2GHz, 533Mhz Display: 12.1 inch Wide Screen WXGA Mandatory Yes 12.1 inch Wide Screen WXGA Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM Feature: Internal English Keyboard Mandatory Yes Yes Graphics Card: Integrated Video 256 MB Mandatory Yes ATI Integrated Graphics Radeon Express 1250 EXCEEDS SPEC Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400RPM Feature: Standard Touchpad Mandatory Yes Standard Touchpad Operating System: Mandatory Genuine Windows Vista® with VISTA Business License Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Yes to XP Pro Downgrade Rights, English Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter Optical Drive: DVD ROM with DVD Software Mandatory Yes D/Bay plus 8x DVD w/Cyberlink LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card Battery: 6-Cell/56 WHr Primary Battery Mandatory Yes 6-Cell/56 WHr Primary Battery Indoor/Outdoor Display Highly Desirable Yes Dell offers LED or DayLight Viewing (DLV) Screen USB 4 Slots 3 Slots, 1 is powered USB XT offers IEEE-1394, SD Card Slot, VGA, RJ- 45, media slice connector, 54mm Express Highly Desirable No Card, mic/headphones/speaker EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Silver Incl: 4 USB (one powered), IEEE1394, VGA, Docking Capabilities Mandatory Yes Media Base DVI, Serial, RJ-45 Finger Print Reader Highly Desirable Yes Std UPEK fingerprint reader Smart Card Reader Mandatory Yes Opt Smart Card support via Express Card Mandatory Two-button, batteryless pen; Multiple input options: CELL BELOW LOCKED; Dell can provide Stylus Yes pen, touch, auto, dual CD via Website Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Convertible Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Convertible Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Mandatory Ultra Low voltage processor, Bus speed Intel Core 2 Duo U7600 1.2GHz, 533MHz, 2ML2 under spec, offset by superior graphics Intel Core 2 Dual Core, 1.20GHz, 800MHz, 2ML2 Cache, Dual Core No Cache, Dual Core performance Display: 12.1 inch Wide Screen WXGA Mandatory Yes 12.1 inch Wide Screen WXGA Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM Feature: Internal English Keyboard Mandatory Yes Internal English Keyboard Graphics Card: Integrated Video 256 MB Mandatory Yes ATI Integrated Graphics Radeon Express 1250 EXCEEDS SPEC Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400RPM Feature: Standard Touchpad Mandatory Yes Standard Touchpad Operating System: Mandatory Genuine Windows Vista® with VISTA Business License Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Yes to XP Pro Downgrade Rights, English Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter Optical Drive: DVD ROM with DVD Software Mandatory Yes D/Bay plus 8x DVD w/Cyberlink LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card Battery: 6-Cell/56 WHr Primary Battery Mandatory Yes 6-Cell/56 WHr Primary Battery Indoor/Outdoor Display Highly Desirable Yes Dell offers LED or DayLight Viewing (DLV) Screen USB 4 Slots 3 Slots, 1 is powered USB XT offers IEEE-1394, SD Card Slot, VGA, RJ- 45, media slice connector, 54mm Express Highly Desirable No Card, mic/headphones/speaker EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Silver Incl: 4 USB (one powered), IEEE1394, VGA, Docking Capabilities Mandatory Yes Media Base DVI, Serial, RJ-45 Finger Print Reader Highly Desirable Yes Std UPEK fingerprint reader Smart Card Reader Mandatory Yes Opt Smart Card support via Express Card Two-button, batteryless pen; Multiple input options: Touch Screen (stylus and finger) Highly Desirable Yes pen, touch, auto, dual Mandatory Two-button, batteryless pen; Multiple input options: CELL BELOW LOCKED; Dell can provide Stylus Yes pen, touch, auto, dual CD via Website Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth PC Monitor Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Supplier Response - How does Supplier Notes Minimum Requirements for PC Monitors the product meet this the product meet the Model Criteria Explanation Requirements requirement (Yes/No)? requirement? 22" wide LCD 1680x1050, EXCEEDS SPEC Dell E228WFP 22" Wide LCD 1440 x 900, Analog interface Yes Analog, DVI-D LCD Monitor Upgrade Options 22" wide LCD 1680x1050, EXCEEDS SPEC Dell E228WFP 22" LCD 1280 x 1024, DVI and Analog interface Yes Analog, DVI-D 22" wide LCD 1680x1050, 22" Wide LCD 1680 x 1050, DVI and Analog interface Dell E228WFP Yes Analog, DVI-D 24" wide LCD 1920x1200, EXCEEDS SPEC 24" LCD 1600 x 1200, DVI and Analog interface Dell E248WFP Yes Analog, DVI-D 27" wide LCD 1920x1200, 27" LCD 1920x 1200, DVI and Analog interface Dell UltraSharp E2707WFP Yes Analog, DVI-D 30" LCD 2560 x 1600, DVI and Analog interface Dell UltraSharp E3007WFP-HC No 30" wide LCD 2560x1600, DVI-D No analog interface in this monitor class LOT 2 IT HARDWARE PC REQUIREMENTS Commonwealth Ruggedized Notebook Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Ruggedized Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel T7250 Core 2 Duo Processor 2.0GHz, 800MHz Intel Core 2 Duo Processor 1.6GHz,533MHz 2MB L2 Cache Mandatory Yes 2ML2 Cache EXCEEDS SPEC: both proc & bus speeds Display: 14.1 WXGA 1280x800, daylight readable w/anti- EXCEEDS SPEC:larger display 13.3 inch TFT active matrix color LCD daylight ‐readable with or without touchscreen Mandatory Yes reflective coating Memory: 2GB (DDR2) SDRAM Mandatory Yes 2GB (DDR2) SDRAM Keyboard Internal English Keyboard Mandatory Yes Internal English Keyboard Feature: Standard Touchpad Mandatory Yes Standard Touchpad Graphics Card: Integrated Video Controller Mandatory Yes Intel GMA X3100 Hard Drive: 80GB Shock Mounted Hard Drive, 4200RPM Mandatory Yes 80GB Shock Mounted Hard Drive, 4200RPM Operating System: Genuine Windows Vista® with VISTA Business License Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Mandatory Yes to XP Pro Downgrade Rights, English Speakers Internal Mandatory Yes Internal Modem: Internal 56K Modem Mandatory Yes Modem (MDC) with AC97 Codec Power/Battery 9 Cell Smart 600 Lithium-ion battery pack Yes 9 Cell Smart 600 Lithium-ion battery pack AC Adapter: External AC (90 Watt) Adapter Mandatory Yes External AC (90 Watt) Adapter Optical Drive: 24X CDRW/DVD with DVD software Mandatory Yes 24x CD-RW/DVD w/Cyberlink PowerDVD LAN: 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Yes (802.11a/g,54Mbps) Mini Card Housing Magnesium Highly Desirable Yes Magnesium casings Wireless support Intel Wireless Wifi Link4965 GA 802.11a/b/g Mandatory Yes Intel PRO/Wireless 4965 Wi-Fi 802.11a/g/Draftn Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader Smart Card Reader Mandatory Yes Integrated Smart Card Reader Weight Please specify Mandatory Starts @ 6.34 lbs w/CD ROM & battery EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Gold EXCEEDS SPEC Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download LOT 3 IT HARDWARE PC REQUIREMENTS COMMONWEALTH STANDARD THIN CLIENT

The equipment model proposed must meet or exceed the detailed specifications below Supplier Response - Minimum Requirements for Does the product meet Supplier Response - Criteria Explanation Requirements Supplier Notes Standard Thin Client this requirement How does the product (Yes/No)? meet the requirement? Processor 400MHz Mandatory Yes 800MHz Via C7 EdenEXCEEDS SPEC Flat Panel Display,19 VIS (Wide Screen) NOTE: RFP Q&A Display responses directed Yes offerors to 22" Memory:RAM 256MB Mandatory Yes 512MB EXCEEDS SPEC Memory:Flash 512MB (Linux) 1GB (Xpe) Mandatory Yes 1GB EXCEEDS SPEC Keyboard and Mouse Keyboard and wheel moust includ Mandatory Yes Incl KB & Mouse 22' Flat Panel Highly Desirable E228FPW 22" Flat Monitor: Yes Panel Display Minimum Graphics Resolution 1280x1024 Mandatory Yes 1920x1080EXCEEDS SPEC Operating System: Linux Based or Xpe Mandatory Yes Xpe Support IO devices such as: USB Mandatory Ser, Par, 3xUSB, 1 DVI-also opt CardBus/PCMCIA slot; extensive Peripheral Connectivity: storage/Serial/Parallel/COM, USB Yes Port, 1 DVI-I Port to VGAperipheral & device driver support printing/imaging Smart Card Support Smart Card Mandatory Yes Internal Smart Card Rdr Mandatory NIC: 100MB/s Yes 10/100 Base-T Fast E/net Mandatory Rem Mgmt, config, & Device Management upgrades via Wyse centeralized device management (including bro Yes Device Mgr. Also Incl local IE browser EPEAT/Energy ratings for all machine Silver (http://www.epeat.ne Highly Desirable N/A No information regarding

LOT 3 IT HARDWARE PC REQUIREMENTS Commonwealth Laptop Thin Client

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How does Criteria Explanation Requirements the product meet this the product meet the Supplier Notes Laptop Thin Client requirement (Yes/No)? requirement? Processor 400MHz Mandatory Yes 1.2GHz Via C7-M ULV EXCEEDS SPEC Memory:RAM 256MB Mandatory Yes 1GB EXCEEDS SPEC Memory:Flash 1GB Mandatory Yes 1GB EXCEEDS SPEC Pointer Touch pad or stick pointer Mandatory Yes Touchpad Monitor: 12" or greater Mandatory Yes 15.4 Widescreen WXGA TFT EXCEEDS SPEC Minimum Graphics Resolution 1280x1024 Mandatory No 1280x800 Operating System: XPe Mandatory Yes XPe Peripheral Connectivity: Support IO devices such as: USB Highly Desirable Yes 4USB 2.0, 1VGA, 1DVI-D, SD Extensive peripheral & device driver support storage/Serial/Parallel/COM, USB card slot for addl storage, printing/imaging Bluetooth Expansion slots PCMCIA and/or Express Card Mandatory Yes Express 34/54 (PCI-E for added performance & 3G wireless access) Finger Print Reader Mandatory Yes Opt. Identix Smart Card Support Smart Card Mandatory Yes Incl Smart Card for security Speakers: built-in Mandatory Yes 2 internal speakers Communcations modem Mandatory Yes modem NIC: 100MB/s AND 802.11A/G Mandatory Yes 10/100/1000 & 802.11a/g EXCEEDS SPEC Device Management Mandatory Yes Rem Mgmt, config, & upgrades Cetralized device management (including browse via Wyse Device Mgr. Also Incl local IE browser EPEAT/Energy ratings for all N/A No information re: EPEAT machines Silver (http://www.epeat.net) Highly Desirable category for thin client CWOPA Appendix A – Additional Information

APPENDIX A – ADDITIONAL INFORMATION

Immediately following is some additional information including:

• Product Specifications • Disaster Recovery • EPEAT Spreadsheet

Page 128 CWOPA Appendix B – Deployment Statement of Work

APPENDIX B – DEPLOYMENT STATEMENT OF WORK

Scope of Services

This Statement of Work (“SOW”) describes the managed deployment services to be provided by Dell Marketing L.P. (referred to herein as Dell) to the Commonwealth of Pennsylvania (referred to herein as either “CWOPA” or “Customer”.)

This Scope of Service applies to locations within the borders of the Commonwealth of Pennsylvania.

• The initial duration of the program is expected to be a minimum of three years with two one year extensions. • Customer and Dell will agree upon the hours that Services are to be performed ("Service Hours"). Dell will communicate the Service Hours to Dell. Typical Service Hours options are: – Business Hours – Monday through Friday, 8:00 a.m. to 5:00 p.m. local time (excluding nationally-observed holidays) based on a forty (40) hour week. – Outside Business Hours (Monday – Friday) – Weekends and Holidays

Dell is providing the following Services under this SOW:

MANAGED DEPLOYMENT – ON SITE SERVICES • Planning Services – Managed Logistics • Onsite Services – Laptop/Desktop and/or Monitor installation – Monitor-Only Installation – Image Loading – Data Transfer – Equipment Move – Re-Image • Asset Removal – Hard Drive removal – Asset De-installation – Onsite/offsite Disk Wipe – Reverse Logistics • Additional Services - 60 Minutes

PROGRAM MANAGEMENT

Dell’s program management office will manage the services outlined in this SOW (“Services”). Dell and Customer will each assign a program manager who will coordinate the activities to be performed under this SOW (“Program Manager”). The Program Manager will serve as the point-of-contact for all communications and any modification to the scope, requirements, or responsibilities under this SOW.

Page 129 CWOPA Appendix B – Deployment Statement of Work

Dell Responsibilities

Dell and/or its Program Manager will perform the following activities: • Facilitate meetings to communicate roles and responsibilities, review assumptions and requirements, and schedule activities • Manage employees and subcontractors of Dell • Serve as central point of contact for all service delivery related issues • Facilitate Change Requests for existing services or proposed services which are in addition to or outside the scope of services provided under this SOW • Facilitate escalation of communications between Dell, Customer and Dell as needed to engage appropriate management levels • Provide reports to Dell on a periodic basis, as mutually agreed, with respect to the Services being performed under the Program. • Manage and coordinate the installation support resources, schedules support resource shifts, and prioritize and controls installation support resource’s daily activities. • Scale and staff adequate resources to meet timeframes for applicable Services selected by Customer. • Work with Dell Customer representatives to resolve deployment issues • Provide service level metrics reporting based on an agreed frequency • Use standard industry recognized project management tools and methodologies. • Employ a regular reporting mechanism to identify project tasks, next steps, and potential problems. • Make any changes associated with the project in compliance with the Change Management Process. • Manage the escalation of issues between Dell and potential subcontractor and Customer

Dell Dress Code

Dell and/or its subcontracts will adhere to the following dress code during the performance of Services under this SOW: • Attire must be clean and pressed. • Acceptable attire is a pressed shirt and kakis. • Unacceptable attire includes, but is not limited to, torn or soiled clothing of any kind, jeans, t-shirts, sunglasses, and hats.

Dell Required Reporting

Dell’s PMO will work with CWOPA to determine the exact reporting needs. Typical deployment reports include: • Daily Total Scheduled vs. Actual units deployed • Daily Incident reporting by Category, including DOA and missing/wrong/damage • Weekly Average time to deploy per System • Corrective action reports as needed

Page 130 CWOPA Appendix B – Deployment Statement of Work

• Closeout reporting to include lessons learned • Site Acceptance upon Site completion • Site Readiness report • SLA reporting

Dell Responsibilities

Dell and/or its Program Executive will perform the following activities: • Primary interface between Customer executive management and Dell • Single Point of Contact at Customer executive management level • Manage all contractual and legal aspects of the account • Initiate and manage the transition team • Dell and/or its Program Manager will perform the following activities: – Manage Dell tasks, resources associated with the project, and coordinate activities with Customer – Develop the Project Plan – Ensure Customer performs its responsibilities as defined in the SOW – Manage the escalation of issues between Dell and Dell

Customer Responsibilities

Customer’s Program Manager will work with the Dell Program Manager and designated representatives to support the activities prior to and during implementation of the Program. These responsibilities include, but are not limited to: • Assign a Site Coordinator for each Customer site • Provide requirements and technical data needed for the Services • Ensure all necessary Customer resources are available for the duration of the Program, including technical contacts • Coordinate the scheduling of all necessary resources required for the Services • Maintain communication with end users to prevent scheduling conflicts • Provide Dell with access to Customer facilities and systems as needed to provide the Services • Facilitate escalation of communications between Dell and Customer as needed to engage • appropriate management levels and to obtain approvals

ON-SITE SERVICES – Pre-Deployment

Dell will provide Services for the Customer sites identified in Appendix B. The Services will be performed Monday through Friday, 8:00 a.m. to 5:00 p.m. local time (excluding nationally-observed holidays) based on a forty (40) hour week (“Service Hours”). Services performed outside the Service Hours will be mutually agreed in writing and may be subject to additional fees. Pre-Deployment Activities

Dell, Dell Subcontractor(s) and Customer will complete the activities listed below before deployment services begin. These activities will validate the assumptions, requirements, procedures, and responsibilities set forth in this SOW. In the event any Assumption, requirement,

Page 131 CWOPA Appendix B – Deployment Statement of Work

procedure, or responsibility is found to be incorrect, the pricing and/or scope of Services will be modified to reflect the actual operating environment. Site Survey and End-User Profiles

Customer will complete a site survey for each of the Customer sites that will receive services and will provide all information necessary to ensure all critical detail specific to the site is provided to Dell prior to onsite services beginning. Pilot Test

If deemed necessary, Dell will conduct a pilot test to validate the assumptions and test the deployment procedures prior to delivering the Services. The pilot will consist of a typical set of Services for a limited number of systems and validate the following requirements: • Information flow • Procedures for each deployment activity • System environment • Timings • Assumptions

The Customer and the Dell PMO will determine pilot location; maybe in Harrisburg, PA

Dell and Customer will mutually agree on written installation instructions prior to the date the pilot is scheduled to be performed. The installation instructions must be finalized before Dell can commit resources to perform the pilot. Upon completion of the pilot, Dell, Dell and Customer will review the results and identify any necessary modifications to the Services and/or prices. Schedules

Dell and Customer will mutually agree in writing to a deployment schedule and group of end users that make up each schedule group (“Schedule Group”) and that schedule will be provided to the Dell. The deployment schedule will be distributed by Customer to end-users identified in each Schedule Group prior to the scheduled installation of their systems. Customer will promptly notify Dell, and Dell will notify Dell of any conflicts in order to lock the schedule prior to the scheduled installation date.

SERVICES description

The services listed below represent a combination of services requested in customer’s recent RFP as well as services that have been available to the Commonwealth through the existing Dell- CWOPA contract. RFP Installation Service (Un-box / Power-on / Remove Packaging)

a. Service Description The Installation Service provides a basic installation as outlined in the Customer’s RFP of the new systems in the Customer’s on-site location. This service will be performed in the timeframe that’s mutually agreed upon between the Customer, Dell and the Dell Service subcontractor.

i. Dell will provide Value Added Logistics (VALs) to deliver new equipment inside CWOPA facilities. Dell will not be responsible for inside delivery. However due to the requirement to deliver inside; Dell will attempt to schedule rollout installation the same day as delivery but reserves the rights to install the product no more than a week in advance of the planned delivery date.

Page 132 CWOPA Appendix B – Deployment Statement of Work

ii. The Dell will remove and dispose of all packing material and boxes associated with the newly installed equipment. All packing materials, boxes, and de- installed hardware will be removed from the site on the same day the installation is completed.

b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the installation will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems to install, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of installation issues.

ii. Dell (1) Dell will use WMI compatible handheld scanners to capture asset information. c. Scope of Service i. Un-box/Unpack the systems and all related components. ii. Transporting the system and all related components from a staging/storage area to the user’s desk or to an area designated by the Customer (i.e. Training Room). iii. Verification/testing of the condition and functionality of the different components of the system. iv. Setup (hardware) of the system, as documented by the Customer. This will include connecting the different components that were delivered with the system only. v. Customization/setup necessary to connect the system to the Customer’s network. This will include validating network and ‘domain’ (or equivalent) connectivity. vi. Applying the asset tag per the Customer’s requirements. vii. Recording any asset tag related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. viii. Performing the Dell Support Process (i.e. Dell Customer Care process, Dell Gold Technical Support process) as necessary. ix. Recording the different system and installation related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. x. Execution of any additional steps necessary to setup the basic functionality of the system. These steps need to be agreed to in writing between the Customer, the PMO and the Service Technician. xi. Removal of any packing material, debris, or other items associated with this service from the Customer’s location (offsite trash removal).

Page 133 CWOPA Appendix B – Deployment Statement of Work

xii. Execution of the escalation process as required by the PMO. xiii. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xiv. Execution of the acceptance process as required by the PMO.

Legacy Installation Services

a. Service Description The Installation Service provides a comprehensive installation of the new systems in the Customer’s on-site location. The services described herein represent the installation services that was delivered under the CWOPA 5850-01 contract. This service is performed by a qualified Service Technician in the timeframe that’s mutually agreed upon between the Customer, the PMO and the Service Technician. b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the installation will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems to install, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of installation issues. ii. Dell (1) Dell will use WMI compatible handheld scanners to capture asset information. c. Scope of Service i. Performing an inventory of the systems and related components that need to be installed. ii. If necessary, de-install existing machine and set aside. iii. Un-box/Unpack the systems and all related components. iv. Transporting the system and all related components from a staging/storage area to the user’s desk or to an area designated by the Customer (i.e. Training Room). v. Verification/testing of the condition and functionality of the different components of the system. vi. Application of custom BIOS settings. vii. Setup (hardware) of the system, as documented by the Customer. This will include connecting the different components that were delivered with the system only. viii. Connecting a maximum of 2 local printers and 2 network printers for each system. This will include validating the connectivity of these peripherals. ix. Customization/setup necessary to connect the system to the Customer’s network. This will include validating network and ‘domain’ (or equivalent) connectivity. x. Minimal verification/testing of the applications included in the Customer’s image.

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xi. Applying the asset tag per the Customer’s requirements. xii. Recording any asset tag related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. xiii. Performing the Dell Support Process (i.e. Dell Customer Care process, Dell Gold Technical Support process) as necessary. xiv. Recording the system and installation related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. xv. Execution of any additional steps necessary to setup the basic functionality of the system. These steps need to be agreed to in writing between the Customer, the PMO and the Service technicians. xvi. Configuration of applications included with the Customer’s basic image. This needs to be agreed to in writing between the Customer, the PMO and the Service Technician. xvii. Same day removal of any packing material, debris, or other items associated with this service from the Customer’s location. xviii. Execution of the escalation process as required by the PMO. xix. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xx. Execution of the acceptance process as required by the PMO.

d. Out of Scope – Unless Covered by Optional Services i. Troubleshooting general hardware, software and network connectivity issues. ii. Performing a backup of the user’s data or any form of disaster recovery. iii. Data transfer/migration. iv. Installation of additional software, unless agreed to in writing between the PMO and the Service Technician. This also includes installation of any software that is necessary for any hardware to function correctly (i.e. drivers). v. Transporting systems using stairs. vi. Virus removal. Installation of any peripheral or add-on card that is not included with the system, unless agreed to in writing between the PMO and the Service Technician. vii. Any equipment moved more than one floor using stairs will be considered out of scope and evaluated for incremental time to complete the job. viii. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s installation documentation. ix. Asset tag development. x. Asset tag printing.

Asset Tagging

a. Service Description Dell will affix an Identification Tag Number and CWOPA Agency inventory asset tag to each new PC, Laptop, and Monitor procured. The Identification Tag Number must be readable from WMI. Identification tags must be located such that it is easily accessible/readable by the user. Identification Numbers will be used as a reference for Help Desk calls. Identification numbers, serial numbers, CWOPA Agency inventory asset tag numbers, and associated equipment identification information must be provided to CWOPA Agency in an electronic

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format, which can be incorporated into existing Equipment Databases. CWOPA Agency will provide database formats to be used by Dell. b. Requirements i. Customer (1) Customer will supply asset tags to be affixed (2) Customer must provide a list of assets and their location to be tagged ii. Dell (1) Dell will use WMI compatible handheld scanners to capture asset information. c. Scope of Service i. Go to location for each asset to be tagged ii. Affix asset WMI readable asset tag so that it is easily readable / accessible by the user iii. Collect asset tag information in electronic format using a WMI compatible handheld device. Format to be specified by either Dell and/or Customer iv. Transmit electronic file with asset tag information to Agency. v. Execution of the escalation process as required by the PMO. vi. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. vii. Execution of the acceptance process as required by the PMO. d. Out of Scope i. Dell will not have to supply asset tags ii. Dell will not have to make multiple trips to affix a tag to the same asset. De-installation

a. Service Description This Service provides a means to de-install Customer-owned or leased systems (monitor, Laptops or PCs) and components. This service will be performed in the timeframe that’s mutually agreed upon between the Customer, the PMO and the Service Technician. If required by the Customer, the Service Technician will remove and tag the hard drives from the systems and provide them to the designated Customer contact. b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the de-installation will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems to de-install, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of de-installation issues. (6) The Customer will provide a staging/storage area to temporarily store the de- installed systems.

c. Scope of Service

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i. If the Data Transfer service was not purchased, confirmation from the user or Customer contact that a backup of the user data has been performed or is not required. ii. Disconnecting the system and all related components. iii. Perform necessary steps to remove the system from the Customer’s network. This will include any steps to remove the system from the ‘domain’ (or equivalent). iv. Transporting the system from the user’s desk or an area designated by the Customer to a staging/storage area. Use of stairs will be minimized but may not be avoidable. v. Recording the different system and de-installation related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. vi. Execution of any additional steps necessary to complete the de-installation of the system. These steps need to be agreed to in writing between the PMO and the Service Technician. vii. Same day removal of any material, debris, or other items associated with this service from the Customer’s location (offsite trash removal). viii. If Dell’s Asset Recovery Services is required, execution of the Chain of Custody process for the systems that will be picked up by Dell ARS for disposal. ix. If required, performing the necessary steps of notifying ARS of the pickup. x. Execution of the escalation process as required by the PMO. xi. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xii. Execution of the acceptance process as required by the PMO. d. Out of Scope – Unless Covered by Optional Services i. Troubleshooting general hardware, software and network connectivity issues. ii. Performing a backup of the user’s data or any form of disaster recovery. iii. Data transfer/migration. iv. Removal of any peripheral or device internal to the system, unless agreed to in writing between the PMO and the Service Technician. v. Performing an Installation service for the de-installed system at another location/area. vi. Final packaging and shipping of the de-installed system or any of its components for the purposes of shipment to the disposal/destruction facility. vii. Transporting the de-installed system to a different location.

Disk Wipe Service

a. Service Description The Disk Wipe Service provides a method for the Customer to remove the data on de- installed systems following the defined CWOPA disk wiping standards and using CWOPA provided software. The Service Technician will be responsible for working with the PMO and the Customer to determine the quantity of systems that will require a disk wipe. This Service is normally performed prior to return of leased systems to the vendor or is included as part of the De-Installation of a Non-Dell leased System Service. b. Requirements i. Customer

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(1) The Customer will provide a document that details the number of systems to disk wipe, locations, floor plans (when possible) and any other information that is required to perform this service. (2) The Customer will provide access to the room(s), building(s) and any other facilities that the Service Technician will require access. (3) The Customer will provide all necessary contact information. (4) The Customer will provide access to support staff for general troubleshooting of hardware issues. (5) The Customer will provide an area to perform the disk wipe. (6) If the disk wiped systems need to be returned to the leasing vendor, the Customer will notify the leasing vendor of the equipment to be returned. The Customer will also perform the steps to acquire any ‘return authorization #’s’ and/or any other information that is necessary for the return of equipment. The Customer will provide this information to the PMO. ii. Dell (1) The Dell Service Technician will provide a completed Resource Plan that documents the resources that will be provided to complete the required velocity of disk wipes. c. Scope of Service i. Performing the Disk Wipe process as defined by the PMO. ii. Performing an inventory of the systems that require this Service. iii. Performing the logistics necessary to complete this Service. iv. Removal of the systems’ hard drive because of errors during the Disk Wipe process or the Disk Wipe process failed to complete. This will include labeling the hard drive to identify the system where it was removed from and turnover of the hard drive to the Customer’s designated contact. This will only be necessary if required by the Customer. v. Removal of any material, debris, or other items associated with this service from the Customer’s location. vi. If Dell’s Asset Recovery Services is required, execution of the Chain of Custody process for the systems that will be picked up by Dell ARS. vii. If required, performing the necessary steps of notifying Dell’s ARS of the pickup. viii. Recording any disk wipe related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. ix. Execution of the escalation process as required by the PMO. x. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xi. Execution of the acceptance process as required by the PMO. d. Out of Scope i. Troubleshooting general hardware issues. ii. Performing a backup of the user’s data or any form of disaster recovery. iii. Data transfer/migration. iv. Transporting systems using stairs. v. Removal of any peripheral or device internal to the system, unless agreed to in writing between the PMO and the Service Technician. An exception is when the Customer requires the removal of the hard drive because of errors during the disk wipe or the disk wipe failed to complete.

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vi. Performing a de-installation of the system as part of this Service. vii. Final packaging and shipping of the de-installed system or any of its components for the purposes of shipment to the leasing vendor’s facility.

Hard Drive Removal Service

a. Service Description The hard drive removal service provides a method for the Customer to remove a hard drive from a system that has been de-installed system. b. Requirements i. Customer (1) Provide access to the system from which the hard drive will be removed (2) Provide a list of systems that need hard drives removed ii. Dell (1) The Dell Service Technician will provide a completed Resource Plan that documents the resources that will be provided to complete the required velocity of disk removals.

c. Scope of Service i. Remove hard drive from de-installed systems ii. Label removed hard drive with appropriate asset information iii. Completed chain of custody to document customer’s acceptance of the hard drive iv. Turn hard drive over to client d. Out of Scope i. n/a

Value added services

Onsite Image Loading Services

Service Description The Onsite Image Load Service provides a method for the Customer to load a Customer supplied image on new systems on-site during the deployment. b. Requirements i. This service will be performed at the Customer site ii. Customer (1) Provide Dell with the image to be loaded (2) A document provided by the Customer and approved by the PMO that details the steps to perform the image load will be provided to the Service Technician. The document includes minimal steps in validating that the image was loaded correctly. In addition, if there are custom BIOS settings that need to be modified to perform the image load, the instructions to change the settings are included. (3) The Customer ensures that the image has been validated and is available at all Customer locations. In addition, if the source of the image is on removable

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media (i.e. CD, DVD) the media is provided by the Customer to the Service Technician and/or the PMO. (4) The Customer will provide the necessary licenses for the operating system and the applications that have been pre-installed on the image. (5) The Customer will provide access to the room(s), building(s) and any other facilities that the Service Technician will require access. (6) The Customer will provide all necessary contact information. (7) The Customer will provide access to support staff for general troubleshooting of image issues. iii. Dell (1) If the image source is on removable media (i.e. CD, DVD) the Service Technician is responsible for making multiple copies to complete the required velocity of image loads. c. Scope of Service i. If the image source is on removable media (i.e. CD, DVD) creating multiple copies of the media as needed to complete the required velocity of image loads. ii. Performing an inventory of the systems that need the image load. iii. If required, transport the system and all related components from a storage area to on-site image loading area. iv. If required, unboxing/unpacking the systems and all related components. v. If required, setup the systems and related components to allow for image loading. vi. Load of the image following the Customer’s image load procedure. vii. Minimal verification/testing of the applications included in the Customer’s image. viii. Performing the Dell Support Process (i.e. Dell Customer Care process, Dell Gold Technical Support process) as necessary. ix. Record any image load related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. x. Execution of any additional steps necessary to completely load the image on a new system. These steps need to be agreed to in writing between the Customer, the PMO and the Service Technician. xi. If required, boxing/packing the systems and all related components back to the original shipping configuration using the packing materials that came with the systems and related components. xii. If required, transporting the system and all related components from the image loading area to the storage area as designated by the Customer. xiii. Execution of the escalation process as required by the PMO. xiv. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xv. Execution of the acceptance process as required by the PMO.

d. Out of Scope i. Image development. ii. Manual installation of the operating system and other applications. iii. Troubleshooting general image, hardware, software and network connectivity issues.

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iv. Installation of additional software, unless agreed to in writing between the PMO and the Service Technician. This also includes installation of any software that is necessary for any hardware to function correctly (i.e. drivers). v. Virus removal. vi. Any equipment moved more than one floor using stairs will be considered out of scope and evaluated for incremental time to complete the job. vii. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s installation documentation. viii. Supplying any licenses for either duplication software or software to be loaded on the image. Offsite Image Loading Service

a. Service Description The Image Load Service provides a method for the Customer to load a Customer supplied image on new systems at an offsite Dell staging facility/warehouse. This service will be delivered in conjunction with the Managed Logistics service. b. Requirements i. Customer (1) Provide Dell with the image to be loaded (2) A document provided by the Customer and approved by the PMO that details the steps to perform the image load will be provided to the Service Technician. The document includes minimal steps in validating that the image was loaded correctly. In addition, if there are custom BIOS settings that need to be modified to perform the image load, the instructions to change the settings are included. (3) The Customer ensures that the image has been validated and is available at all Customer locations. In addition, if the source of the image is on removable media (i.e. CD, DVD) the media is provided by the Customer to the Service Technician and/or the PMO. (4) The Customer will provide the necessary licenses for the operating system and the applications that have been pre-installed on the image. (5) The Customer will provide all necessary contact information. (6) The Customer will provide access to support staff for general troubleshooting of image issues.

ii. Dell (1) If the image source is on removable media (i.e. CD, DVD) the Service Technician is responsible for making multiple copies to complete the required velocity of image loads.

c. Scope of Service i. If the image source is on removable media (i.e. CD, DVD) creating multiple copies of the media as needed to complete the required velocity of image loads. ii. Performing an inventory of the systems that need the image load. iii. Transporting the system and all related components from a storage area to the image loading area. iv. Unboxing/Unpacking the systems and all related components. v. Setup of the systems and related components to allow for image loading.

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vi. Loading of the image following the Customer’s image loading procedure. vii. Minimal verification/testing of the applications included in the Customer’s image. viii. Performing the Dell Support Process (i.e. Dell Customer Care process, Dell Gold Technical Support process) as necessary. ix. Recording any image load related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. x. Execution of any additional steps necessary to completely load the image on a new system. These steps need to be agreed to in writing between the Customer, the PMO and the Service Technician. xi. Boxing/packing the systems and all related components back to the original shipping configuration using the packing materials that came with the systems and related components. xii. Transporting the system and all related components from the image loading area to the Dell warehouse/staging area. xiii. Execution of the escalation process as required by the PMO. xiv. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xv. Execution of the acceptance process as required by the PMO.

d. Out of Scope i. Image development. ii. Manual installation of the operating system and other applications. iii. Troubleshooting general image, hardware, software and network connectivity issues. iv. Installation of additional software, unless agreed to in writing between the PMO and the Service Technician. This also includes installation of any software that is necessary for any hardware to function correctly (i.e. drivers). v. Virus removal. vi. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s installation documentation. vii. Supplying any licenses for either duplication software or software to be loaded on the image.

Monitor-Only Installation Service

a. Service Description The Monitor-Only Installation Service allows the Customer the ability to purchase monitors only and have an installation performed by the Service Technician. The Service Technician will be responsible for working with the PMO and the Customer to determine the quantity and location of monitors to be replaced. b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the installation will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access.

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(3) The Customer will provide a document that details the number of monitors to install, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of installation issues.

c. Scope of Service i. Performing an inventory of the monitors that need to be installed. ii. Un-box/Unpack and assembly the monitor and all related components. iii. Transporting the monitor and all related components from a staging/storage area to the user’s desk or to an area designated by the Customer (i.e. Training Room). iv. De-installation of the existing monitor. v. Verification/testing of the condition and functionality of the monitor. vi. Setup (hardware) of the monitor, as documented by the Customer. This will include connecting the different components that were delivered with the monitor only. vii. Applying the asset tag per the Customer’s requirements. viii. Performing the Dell Support Process (i.e. Dell Customer Care process, Dell Gold Technical Support process) as necessary. ix. Recording the monitor and installation related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. x. Execution of any additional steps necessary to setup the basic functionality of the monitor. These steps need to be agreed to in writing between the Customer, the PMO and the Service Technician. xi. Removal of any packing material, debris, or other items associated with this service from the Customer’s location. xii. Execution of the escalation process as required by the PMO. xiii. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xiv. Execution of the acceptance process as required by the PMO. d. Out of Scope i. Troubleshooting general hardware, and software issues. ii. Installation of additional software, unless agreed to in writing between the PMO and the Service Technician. iii. Installation of any add-on peripheral/device that is not included with the monitor, unless agreed to in writing between the PMO and the Service Technician. iv. Any equipment moved more than one floor using stairs will be considered out of scope and evaluated for incremental time to complete the job. v. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s installation documentation. vi. Asset tag development. vii. Asset tag printing.

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Data Transfer Service

a. Service Description The Data Migration service allows customers to migrate specific data from a scheduled de- installation system to a new Dell system during deployment. The Service Technician will be responsible for coordinating with the Customer to use the most efficient data transfer method available to the Customer. b. Requirements i. Customer (1) A document provided by the Customer and approved by the PMO that details the steps to perform the data migration will be provided to the Service Technician. (2) The size of data to be migrated will not exceed 2 GB. (3) The migration time will not exceed 30 minutes. (4) The Customer will provide the storage space for the migrated data sufficient to the scope of the Data Transfer Service. (5) If the Customer will be using a 3rd party application, the application licenses will be provided by the Customer. c. Scope of Service i. Performing the data transfer. ii. Validation of data size after the transfer of data. iii. Recording the Service-related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. iv. Execution of the escalation process as required by the PMO. v. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. vi. Execution of the acceptance process as required by the PMO. d. Out of Scope – Unless Covered by Optional Services i. Dell is not responsible for migrating files or settings outside of the agreed upon file extensions/locations. ii. Troubleshooting general hardware, software and network connectivity issues. iii. Performing any disk imaging or duplication. iv. Virus removal.

Tools Based Data Transfer Service

a. Service Description Dell Data Direct tool allows users to migrate data and settings to a new PC. DDM can capture and migrate complete users accounts including OS and applications settings, printers, data files and more.

Tools based Data Migration service allows customers to migrate end user settings as well as specific data from a scheduled de-installation system to a new Dell system during deployment using Dell Data Direct tool. Dell will provide Dell with the DDD tool.

b. Requirements

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i. Customer (1) A document provided by the Customer and approved by the PMO that details the steps to perform the data migration will be provided to the Service Technician. (2) The size of data to be migrated will not exceed 2 GB. (3) The migration time will not exceed 30 minutes.

c. Scope of Service i. Performing the data transfer. ii. Validation of data size after the transfer of data. iii. Recording the Service-related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. iv. Execution of the escalation process as required by the PMO. v. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. vi. Execution of the acceptance process as required by the PMO.

d. Out of Scope – Unless Covered by Optional Services v. Troubleshooting general hardware, software and network connectivity issues. vi. Performing any disk imaging or duplication. vii. Virus removal. viii. Dell is not responsible for providing the tool.

Equipment Move

a. Service Description The Equipment Move service provides a method for the Customer uninstall, move and install a system from one user/location to another. The distance between sites will range. Dell will provide pricing for within a 25 mile radius and outside. The Service Technician will be responsible for working with the PMO and the Customer to determine the quantity and locations of systems targeted for Cascade Services. b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the Service will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems to de-install, move and install, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of any move issues. ii. Dell (1) Dell will use common safe practice procedures for moving equipment from one location to another.

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(2) Dell is responsible for any reasonable physical damage, loss or theft of equipment moved and the facilities involved. c. Scope of Service i. Performing an inventory of the systems and related components that need to be moved. ii. De-installing the systems to be moved. iii. Package and make ready the equipment for move. iv. Dell is responsible for providing all packaging materials as well as transportation. v. Performing the logistics of moving the de-installed system and all components from the user’s desk or staging/storage area to the new location within the same facility. vi. Unloading systems and transporting them into the new facility. vii. Verification/testing of the condition and functionality of the different components of the system. viii. Install systems per the mutually agreed upon installation script developed by Customer and PMO. ix. Recording the different system and installation related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. x. Execution of any additional steps necessary to setup the basic functionality of the system. These steps need to be agreed to in writing between the Customer, the PMO and the Service Technician. xi. Configuration of applications included with the Customer’s basic image. This needs to be agreed to in writing between the Customer, the PMO and the Service Technician. xii. Removal of any packing material, debris, or other items associated with this service from the Customer’s location. xiii. Execution of the escalation process as required by the PMO. xiv. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xv. Execution of the acceptance process as required by the PMO. d. Out of Scope – Unless Covered by Optional Services i. Troubleshooting general hardware, software and network connectivity issues. ii. Neither Dell nor provider is responsible for older equipment that fails to return to an operation state after the system has been moved. iii. Performing a backup of the user’s data or any form of disaster recovery. iv. Data transfer/migration. v. Installation of additional software, unless agreed to in writing between the PMO and the Service Technician. This also includes installation of any software that is necessary for any hardware to function correctly (i.e. drivers). vi. Virus removal. vii. Installation or removal of any peripheral or add-on card, unless agreed to in writing between the PMO and the Service Technician. viii. Moving the de-installed system and the monitor separately, unless agreed to in writing between the PMO and the Service Technician. ix. Any equipment moved more than one floor using stairs will be considered out of scope and evaluated for incremental time to complete the job.

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x. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s installation documentation.

Disk Wipe Service

a. Service Description The Disk Wipe Service provides a method for the Customer to remove the data on de- installed systems following the defined CWOPA disk wiping standards and using CWOPA provided software. The Service Technician will be responsible for working with the PMO and the Customer to determine the quantity of systems that will require a disk wipe.

b. Requirements i. Customer (1) The Customer will provide a document that details the number of systems to disk wipe, locations, floor plans (when possible) and any other information that is required to perform this service. (2) The Customer will provide access to the room(s), building(s) and any other facilities that the Service Technician will require access. (3) The Customer will provide all necessary contact information. (4) The Customer will provide access to support staff for general troubleshooting of hardware issues. (5) The Customer will provide an area to perform the disk wipe. c. Scope of Service i. Performing the Disk Wipe process as defined by the PMO. ii. Performing an inventory of the systems that require this Service. iii. Performing the logistics necessary to complete this Service. iv. Removal of the systems’ hard drive because of errors during the Disk Wipe process or the Disk Wipe process failed to complete. This will include labeling the hard drive to identify the system where it was removed from and turnover of the hard drive to the Customer’s designated contact. This will only be necessary if required by the Customer. v. Removal of any material, debris, or other items associated with this service from the Customer’s location. vi. If Dell’s Asset Recovery Services is required, execution of the Chain of Custody process for the systems that will be picked up by Dell ARS. vii. If required, performing the necessary steps of notifying Dell’s ARS of the pickup. viii. Recording any disk wipe related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre- designated format. ix. Execution of the escalation process as required by the PMO. x. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. xi. Execution of the acceptance process as required by the PMO. d. Out of Scope i. Troubleshooting general hardware issues. ii. Performing a backup of the user’s data or any form of disaster recovery.

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iii. Data transfer/migration. iv. Transporting systems using stairs. v. Removal of any peripheral or device internal to the system, unless agreed to in writing between the PMO and the Service Technician. An exception is when the Customer requires the removal of the hard drive because of errors during the disk wipe or the disk wipe failed to complete. vi. Performing a de-installation of the system as part of this Service. vii. Final packaging and shipping of the de-installed system or any of its components for the purposes of shipment to the leasing vendor’s facility.

Additional Services - 60 Minutes Service

a. Service Description 60 Minutes Service provides a method for the Customer to purchase 60-minute blocks of time for service activities. This service is intended to meeting unanticipated service requirements. Example uses of this service includes: a) software installation, b) installation of additional hardware or components, c) O/S performance tuning, d) moving equipment, e) setting up equipment, f) checking desktops for compliance with department procedures, g) ghosting systems with a standard image, h) applying patches, i) operating system upgrades, j) copying data from one machine or hard drive to another, k) general troubleshooting, l) installing printers m) other similar services as required.

The Dell will be responsible for completing all work mutually agreed upon between the Customer, the PMO, and the Service Technician. b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the activities will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting issues.

c. Scope of Service

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i. Performing the activities as agreed upon between the Customer, the PMO and the Service Technician. ii. Execution of the escalation process as required by the PMO. iii. Execution of a communications plan (status reporting and issue escalation) as required by the PMO. iv. Execution of the acceptance process as required by the PMO.

Managed Logistics Service

a. Service Description The Managed Logistics Service provides the Customer with a temporary and secure staging/warehousing location for the systems prior to the deployment. The Service Technician is responsible for accepting the systems from Dell’s logistics provider, storing and performing the delivery to the Customer’s location at a specific date and time. b. Requirements i. Customer (1) The Customer will provide the complete delivery information to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide all necessary contact information.

ii. Dell (1) The Dell will provide CWOPA with an End of Quarter Report detailing the number of Dell units in a staging facility.

c. Scope of Service i. Accepting shipment of systems and components from Dell’s shipping provider. ii. Performing an inventory of the systems and components that are received from Dell’s shipping provider. iii. Inventory systems for the period required by the project up to 45 days. iv. Performing an inventory of the systems and components prior to and after the delivery to the Customer. v. Performing the inside delivery of the systems and components to the Customer’s location. The systems and components will be delivered to a storage area at the Customer’s location or to the user’s desk at a date and time specified by the Customer and approved by the PMO. vi. As needed, removal of any shipping material (i.e. pallets, shrink wrap, packing material, etc.) from the Dell’s warehouse location. vii. Recording any related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. viii. Execution of the escalation process as required by the PMO. ix. Execution of a communications plan (status reporting and issue escalation) as required by the PMO.

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x. Execution of the client documented acceptance process (Chain of Custody) as required by the PMO. d. Out of Scope – Unless Covered by Optional Services i. Redelivery of a system to a different location from the initial ship to location after it has been delivered and/or installed. Each system will be delivered once. ii. Delivery of the systems outside the coverage area of the Service Technician’s warehouse facility unless agreed to in writing between the PMO and the Service Technician.

Reverse Logistics Service

a. Service Description Reverse Logistics is a service that the customer can use to have an uninstalled piece of equipment removed from their location. Equipment will ultimately be returned to Dell’s Asset Recovery Services (ARS). This service will be performed in conjunction with the installation of a new system. Service Technician will be response for transporting the system to their local warehouse, storing the system for a period of time and working with the Dell PMO to coordinate equipment pickup by Dell’s Asset Recovery Services (ARS).

b. Requirements i. Customer (1) A document validated by the Customer and approved by the PMO that details the steps required to perform the reverse logistics will be provided to the Service Technician. (2) The Customer will provide access to the room(s), building(s) and any other facilities in which the Service Technician will require access. (3) The Customer will provide a document that details the number of systems to remove, locations, user names, floor plans (when possible) and any other information that is required to perform this service. (4) The Customer will provide all necessary contact information. (5) The Customer will provide access to support staff for general troubleshooting of reverse logistics issues. (6) If equipment has been uninstalled in advance of Service Technician’s arrival, Customer will provide secure storage of the equipment while equipment is in their possession. (7) Execute a chain of custody letter after Service Technician has loaded equipment for transport.

c. Scope of Service i. Record the systems intended for de-installation and any other related information as required by the Customer and approved by the PMO. The information will be provided to the PMO in a pre-designated format. ii. Execution of any additional steps necessary to complete the de-installation of the system. These steps need to be agreed to in writing between the PMO and the Service Technician.

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iii. Performing an inventory of the systems and related components that were de-installed. iv. Removal of any material, debris, or other items associated with this service from the Customer’s location. v. Pack equipment in a safe and secure manner for transport from customer location to Service Technician’s warehouse. vi. Load equipment into truck for transport to Service Technician’s local warehouse. vii. Execute a chain of custody document with the client. viii. Safely and securely transport the systems to Service Technician’s local warehouse. ix. Unload systems into Service Technician’s warehouse. x. Store systems in safe and secure manner. xi. Inventory systems for the period required by the project up to 45 days. xii. Service Technician is responsible for insuring the systems against theft, damage and loss until systems are loaded and shipped to Dell’s ARS. xiii. Coordinate with the Dell PMO the pickup of systems by Dell’s Asset Recovery Services.

d. Out of Scope – Unless Covered by Optional Services i. Any equipment moved more than one floor using stairs will be considered out of scope and evaluated for incremental time to complete the job. ii. Neither Dell nor Dell is responsible for managing Customer’s asset inventory beyond providing Dell’s Reverse Logistics documentation.

ON-SITE SERVICES – Customer Responsibilities

Dell will work with Customer to ensure the following is provided to Dell: a) Providing Dell with the physical location of each end-user desk where the services are to be performed. b) Preparing Customer sites and end-user locations to receive Services (e.g., installing cables, network jacks, and power outlets and ensuring connectivity). c) Procuring all hardware components and software licenses in advance of deployment activities to meet the deployment schedule. d) Receiving hardware at Customer’s receiving dock. e) Contacting Dell to coordinate delivery of hardware from the receiving dock to the secured staging area provided by Customer. f) Providing carts for transporting all hardware within a building at a Customer site. g) Providing additional power connections to enable Dell to simultaneously perform activities on new systems and legacy systems at the end-user desk. h) Ensuring Customer’s Site Coordinator is on-site and available as needed by Dell at the deployment site. i) Providing Dell personnel with adequate work space, supplies, and facilities within reasonable proximity to where Services are to be performed. j) Providing Dell with access to and use of information, data, Customer facilities, equipment, and internal resources as reasonably necessary to deliver the Services.

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k) Pre-packaging all software applications in a mutually agreed format that is available for an unattended installation (i.e., requiring no manual intervention and is loadable from a local server). l) Ensuring all software applications are certified, operational, and compatible with the new system configuration and operating systems. m) Providing software, hardware, related equipment (e.g., rack, router, cables, etc.), and network server required for imaging process where onsite imaging is required. n) Ensuring all systems and related equipment are easily accessible by Dell without the need to move furniture, and providing keys to any cable locks as needed to remove or secure systems during de-installation and/or installation. o) Ensuring all end-users backup data and disable any BIOS passwords currently configured on legacy systems prior to a service call or installation. p) Providing all logon IDs, passwords, domain specifications, and personal settings for each end-user prior to scheduled deployment. q) Ensuring end-user data to be migrated is stored in a designated folder (e.g., “My Documents”) and providing the storage location to Dell. r) Providing Dell with local administration rights and ensuring the domain login is enabled. s) If required, providing all VPN hardware and/or software required for joining machines to Customer’s domain including, but not limited to, two (2) Ethernet interfaces (DHCP and class C addresses required). t) Providing Dell with a complete list of all approved peripherals that can be installed on the new system, and supplying all applicable drivers. u) Providing storage area for de-installed legacy systems and a common area for debris at each Customer site (to be located within the building where the deployment occurs). v) Performing quality assurance after login is complete, including access to Active Directory profile to allow end-users to access specific software applications and load personalities. w) Providing post-installation support and troubleshooting assistance as needed to address software application performance, software application and operating system conflicts, software application version issues or co-existence issues. x) Providing Dell the locations of all printers to be mapped for each new system.

ASSUMPTIONS

Scope Assumptions

a) Changes to the mutually agreed schedule for performance of Services or modifications to the Services will only be in accordance with the change management process. b) Minimum of 1 system installations per Customer site. c) Minimum of 10 system installations for each pilot test. d) All documentation will be either entered electronically or scanned and sent electronically to the Dell PMO. e) All deployment documentation will be sent to the Dell PMO within two days following site completion. Failure to submit documentation within this SLA may result in reduction of additional future business. f) Dell will ensure common productivity tools such as:

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i. MS Office (word, excel) and MS PowerPoint ii. Dell will follow name conventions outlined in the deployment workbook iii. All scanned documents must be in Adobe PDF format – not faxes will be accepted iv. Dell needs to be able to accept digital meeting requests in outlook format Project Management Office

a) Dell Service Technicians will take direction for both the Dell Project Manager and the Dell PMO Dell (Transfer Technology). Dell PMO will provide daily direction to the Service Technicians in the following areas: i. Pre-project resource planning ii. Service delivery and resource allocation iii. Daily management of projects iv. Creation and execution of all documentations v. Project Issue that may arise from Dell activities vi. Escalation Management

Scheduling Assumptions

a) Schedules will maximize the quantity of Services at each Customer site which are in reasonable proximity within the same building and minimize the number of return visits to each Customer site. a) Schedule Groups will be formed to allow a consistent daily volume of Services at a Customer site. b) Services will be scheduled to take place over consecutive days at a Customer site to ensure maximum efficiency of resources. c) Customer will meet the following scheduling milestones:

Business Scheduling Milestones Days Installation Instructions finalized 15 Prior to the date of the first scheduled deployment Site Surveys complete 15 Prior to scheduled deployment Site ready to receive Services 10 Prior to scheduled deployment Schedule Groups finalized, 15 Prior to scheduled deployment Schedule Locked End-user profiles completed 10 Prior to scheduled deployment All logon IDs, passwords, domain 5 Prior to scheduled deployment specifications and personal settings for each end-user Pilot Test Performed 15 Following execution of the SOW or as mutually agreed

Customer Sites & Facilities Assumptions

a) Customer will provide a safe working environment and reasonable office accommodations. b) Customer will provide safe and adequate parking facilities. c) Customer will provide access to facilities, including any necessary keys or badges.

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d) Customer preparation of all work areas and end-user desks will be completed prior to the scheduled start of Services, including access to power, and network connectivity.

IT Environment & Technical Assumptions

a) Desktop/Laptop Operation Systems will be Microsoft Windows 98, 2000, XP or Vista b) Operating system and image is pre-loaded from Dell’s factory on new systems prior to deployment. c) Standard Ethernet 100MB T base switched subnets, and 5-10 MB/sec throughput at the desktop is available for data transfer, application loads, and imaging. d) d) Dell can leverage the Customer’s network to perform the Services if required for data transfer; network is not used for batch jobs or backups which would impact delivery of Services. e) Customer provides a single point of contact for resolution of any technical issues which may arise with regard to the network, devices, and any software application. f) Network infrastructure is stable and is the same across all Customer sites. g) Desktops and laptops are attached to a local area network and have Internet access with Internet Explorer 5.0 or higher. h) Active X is enabled during installations. i) Standard implementation of dynamic host configuration protocol addresses is utilized. j) Dell’s pricing includes crossover patch cables. All reference to patch cables or cross-over cables are the standard CAT 5e Crossover Patch Cables (length 7ft. recommended).

Asset Tagging

a) Asset tagging dispatch occurs in conjunction with installation services. b) System is located at the same site where installation services are being performed under this scope of work SOW and tagging is being performed concurrently. On-Site Imaging Assumptions

a) Assumes System being imaged is new Dell system being installed under this SOW. b) Image CDs with deployment application and adequate copies will be provided by the Customer at each site where imaging is required. Customer provides media, assumes single CD Image, and assumes image is < 2GB. c) Imaging via Server: Assumes image is <2 GB, Customer responsible for all license; 100 baseT - LAN speed assumption. Customer provides media, assumes single CD Image, and assumes image is < 2GB. Dell Resource Requirements

a) Dell will perform background checks on all resources assigned to this contract to prevent assignment of resources with any of the following: – Resources who are not legally entitled to work in the United States

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– Convicted felons such as, but not limited to: sex offenders, thieves or other known resources that could in anyway harm the State resources or property.

OUT OF SCOPE SERVICES

Pricing excludes any services not specified in this SOW, including but not limited to the following: a) Procurement of hardware, software, or other equipment required for the Services. b) Packaging software applications for installation. c) Providing end user orientation or training. d) Post-installation support with the exception of Desktop Management Support services. e) Transporting equipment between buildings or between Customer sites, or moving equipment between floors without the use of elevators. f) Packing, shipping, or disposing of legacy systems unless otherwise stated in the SOW. g) Shipping of any hardware, software, or any materials required for the services. h) Removing viruses (Dell will, however, promptly notify the Customer site coordinator upon discovery of any virus). i) Disaster recovery, including but not limited to: re-imaging, reloading software applications or recovering backup data. j) Warranty services or remedial hardware maintenance or software maintenance. k) Warranty services for third party products which are not provided by Dell. l) Media-based installation of applications is not included m) Any services not specifically defined in this SOW or a subsequently executed Change Request.

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CHANGE MANAGEMENT PROCESS

When Dell or Customer determines that a change is necessary to refine a process, procedure, or specific responsibility identified in this SOW, the party proposing the change will document the request using the change request form provided in Appendix A (“Change Request”). The receiving party will review the proposed Change Request and determine whether the change is acceptable or requires modifications. Both parties will review the proposed Change Request and will (i) approve it, (ii) agree to further investigation, or (iii) reject it (“Change Management Process”). When the parties agree to the change, they will sign the Change Request, which upon signing by both parties will constitute authorization to implement the change.

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STANDARD CONTRACT TERMS AND CONDITIONS FOR DEPARTMENT OF GENERAL SERVICES STATEWIDE CONTRACTS FOR SUPPLIES - SAP

1. TERM OF CONTRACT

The term of the Contract shall commence on the Effective Date (as defined below) and shall end on the Expiration Date identified in the Contract, subject to the other provisions of the Contract.

The Effective Date shall be: a) the date the Contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained or b) the date referenced in the Special Contract Terms and, Conditions and whichever is later. The Contract shall not be a legally binding contract until after the fully-executed Contract has been sent to the Contractor.

The fully executed Contract shall not contain "ink" signatures by the Commonwealth. The Contractor understands and agrees that the receipt of an electronically-printed Contract with the printed name of the Commonwealth purchasing agent constitutes a binding, valid contract with the Commonwealth. The printed name of the purchasing agent on the Contract represents the signature of that individual who is authorized to bind the Commonwealth to the obligations contained in the Contract. The printed name also represents that all approvals required by Commonwealth contracting procedures have been obtained.

The Contractor shall not start performance until all of the following have occurred: a. the Effective Date has arrived; b. the Contractor has received a copy of the fully-executed Contract; and c. the Contractor has received a purchase order from a Commonwealth agency. The Commonwealth shall not be liable to pay the Contractor for any supply furnished or work performed or expenses incurred before the Effective Date or before the Contractor receives a copy of the fully-executed Contract or before the Contractor has received a purchase order. Except as otherwise provided in Paragraph 3, no Commonwealth employee has the authority to verbally direct the commencement of any work or delivery of any supply under this Contract prior to the Effective Date.

The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the Contract, or any part of the Contract, for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new Contract.

2. ESTIMATED QUANTITIES

It shall be understood and agreed that any quantities listed in the Contract are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth and that the Commonwealth in accepting any bid or portion thereof, contracts only and agrees to purchase only in such quantities as represent the actual requirements of the Commonwealth. The Commonwealth reserves the right to purchase items covered under the Contract through a separate procurement procedure, whenever the Department of General Services deems it to be in the best interest of the Commonwealth.

3. PURCHASE ORDERS

Commonwealth agencies may issue purchase orders against the Contract. These orders constitute the Contractor‘s authority to make delivery. All purchase orders received by the Contractor up to and including the expiration date of the Contract are acceptable and must be performed in accordance with the Contract. Contractors are not permitted to accept purchase orders which require performance extended beyond those performance time periods specified in the Contract but in no event longer than ninety (90) days after the expiration date of the Contract period. Each purchase order will be deemed to incorporate the terms and conditions set forth in the Contract.

Purchase orders will not include an "ink" signature by the Commonwealth. The electronically-printed name of the purchaser represents the signature of that individual who has the authority, on behalf of the Commonwealth, to authorize the Contractor to proceed.

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Purchase orders may be issued electronically or through facsimile equipment. The electronic transmission of a purchase order shall require acknowledgement of receipt of the transmission by the Contractor. Receipt of the electronic or facsimile transmission of the purchase order shall constitute receipt of an order. Orders received by the Contractor after 4:00 p.m. will be considered received the following business day.

The Commonwealth and the Contractor specifically agree as follows: a. No handwritten signature shall be required in order for the purchase order to be legally enforceable. b. Upon receipt of an order, the Contractor shall promptly and properly transmit an acknowledgement in return. Any order which is issued electronically shall not give rise to any obligation to deliver on the part of the Contractor, or any obligation to receive and pay for delivered products on the part of the Commonwealth agency, unless and until the Commonwealth agency transmitting the order has properly received an acknowledgement. c. The parties agree that no writing shall be required in order to make the order legally binding, notwithstanding contrary requirements in any law. The parties hereby agree not to contest the validity or enforceability of a genuine purchase order or acknowledgement issued electronically under the provisions of a statute of frauds or any other applicable law relating to whether certain agreements be in writing and signed by the party bound thereby. Any genuine purchase order or acknowledgement issued electronically, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of genuine purchase orders or acknowledgements under either the business records exception to the hearsay rule or the best evidence rule on the basis that the order or acknowledgement were not in writing or signed by the parties. A purchase order or acknowledgment shall be deemed to be genuine for all purposes if it is transmitted to the location designated for such documents. d. Each party will immediately take steps to verify any document that appears to be obviously garbled in transmission or improperly formatted to include re-transmission of any such document if necessary.

Purchase orders under five thousand dollars ($5,000) in total amount may also be made in person or by telephone using a Commonwealth Procurement VISA Card. When an order is placed by telephone, the Commonwealth agency shall provide the agency name, employee name, credit card number, and expiration date of the card. Contractors agree to accept payment through the use of the Commonwealth Procurement VISA card.

4. INDEPENDENT CONTRACTOR

In performing the obligations required by the Contract, the Contractor will act as an independent contractor and not as an employee or agent of the Commonwealth.

5. COMPLIANCE WITH LAW

The Contractor shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of the Contract.

6. ENVIRONMENTAL PROVISIONS

In the performance of the Contract, the Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

7. POST-CONSUMER RECYCLED CONTENT

Except as specifically waived by the Department of General Services in writing, any products which are provided to the Commonwealth as a part of the performance of the Contract must meet the minimum percentage levels for total recycled content as specified in Exhibits A-1 through A-8 to these Standard Contract Terms and Conditions.

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8. COMPENSATION/INVOICES

The Contractor shall be required to furnish the awarded item(s) at the price(s) quoted in the Contract. All item(s) shall be delivered within the time period(s) specified in the Contract. The Contractor shall be compensated only for item(s) which are delivered and accepted by the Commonwealth.

Unless otherwise specified or unless the Contractor has been authorized by the Commonwealth for Evaluated Receipt Settlement or Vendor Self-Invoicing, the Contractor shall send an invoice itemized by purchase order line item to the address referenced on the purchase order promptly after the item(s) are delivered. The invoice should include only amounts due under the purchase order. The purchase order number must be included on all invoices.

9. PAYMENT a. The Commonwealth shall put forth reasonable efforts to make payment by the required payment date. The required payment date is: (a) the date on which payment is due under the terms of the Contract; (b) thirty (30) days after a proper invoice actually is received at the “Bill To” address on the contract purchase order, if a date on which payment is due is not specified in the Contract (a “proper” invoice is not received until the Commonwealth accepts the item(s) as satisfactorily performed); or (c) the payment date specified on the invoice if later than the dates established by (a) and (b) above. Payment may be delayed if the payment amount on an invoice is not based upon the price(s) as stated in the Contract. If any payment is not made within fifteen (15) days after the required payment date, the Commonwealth may pay interest as determined by the Secretary of Budget in accordance with Act No. 266 of 1982 and regulations promulgated pursuant thereto. Payment should not be construed by the Contractor as acceptance of the item(s) furnished by the Contractor. The Commonwealth reserves the right to conduct further testing and inspection after payment, but within a reasonable time after delivery, and to reject the item(s) if such post payment testing or inspection discloses a defect or a failure to meet specifications. The Contractor agrees that the Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth. b. The Commonwealth shall have the option of using the Commonwealth Purchasing Card to make purchases under the Contract. The Commonwealth Purchasing Card is similar to a credit card in that there will be a small fee which the Contractor will be required to pay and the Contractor will receive payment directly from the card issuer rather than the Commonwealth. Any and all fees related to this type of payment are the responsibility of the Contractor. In no case will the Commonwealth allow increases in prices to offset credit card fees paid by the Contractor or any other charges incurred by the Contractor, unless specifically stated in the terms of the Contract.

c. The Commonwealth will make contract payments through Automated Clearing House (ACH).

1) Within 10 days of award of the contract or purchase order, the contractor must submit or must have already submitted their ACH information within their user profile in the Commonwealth’s procurement system (SRM).

2) The contractor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania’s ACH remittance advice to enable the contractor to properly apply the state agency’s payment to the invoice submitted.

3) It is the responsibility of the contractor to ensure that the ACH information contained in SRM is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments. 10. TAXES

The Commonwealth is exempt from all excise taxes imposed by the Internal Revenue Service and has accordingly registered with the Internal Revenue Service to make tax free purchases under Registration No. 2374001-K. With the exception of purchases of the following items, no exemption certificates are required and none will be issued: undyed diesel fuel, tires, trucks, gas guzzler emergency vehicles, and sports fishing equipment. The Commonwealth is also exempt from Pennsylvania state sales tax, local sales tax, public 3 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

transportation assistance taxes and fees and vehicle rental tax. The Department of Revenue regulations provide that exemption certificates are not required for sales made to governmental entities and none will be issued. Nothing in this paragraph is meant to exempt a construction contractor from the payment of any of these taxes or fees which are required to be paid with respect to the purchase, use, rental, or lease of tangible personal property or taxable services used or transferred in connection with the performance of a construction contract.

11. WARRANTY

The Contractor warrants that all item(s) furnished by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials. The Contractor shall pass through to the Commonwealth the manufacturer’s warranty for all parts or supplies provided under the Contract. The Contractor shall correct any problem with the service and/or replace any defective part with a part of equivalent or superior quality without any additional cost to the Commonwealth.

12. DELIVERY

All item(s) shall be delivered F.O.B. Destination. The Contractor agrees to bear the risk of loss, injury, or destruction of the item(s) ordered prior to receipt of the items by the Commonwealth. Such loss, injury, or destruction shall not release the Contractor from any contractual obligations. Except as otherwise provided in Paragraph 20, all item(s) must be delivered within the time period specified on the contract purchase order. Time is of the essence and, in addition to any other remedies, the contract purchase order is subject to termination for failure to deliver as specified. Unless otherwise stated by the Contractor in its Bid or indicated in the Special Contract Terms and Conditions, delivery must be made within thirty (30) days after award of the Contract Purchase Order.

13. PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY

The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of the item(s) or the process provided or used in the performance of the purchase order which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or b) any copyrighted matter in any report document or other material provided to the Commonwealth under the purchase order. The Contractor shall defend any suit or proceeding brought against the Commonwealth on account of any alleged patent, copyright or trademark infringement in the United States of the item(s) provided or used in the performance of the Contract. This is upon condition that the Commonwealth shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the Commonwealth may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the Commonwealth at the Contractor’s written request, it shall be at the Contractor’s expense, but the responsibility for such expense shall be only that within the Contractor’s written authorization.

The Contractor shall indemnify and hold the Commonwealth harmless from all damages, costs, and expenses, including attorney’s fees that the Contractor or the Commonwealth may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any item(s) provided or used in the performance of the purchase order. If any of the item(s) provided by the Contractor are held in such suit or proceeding to constitute infringement and the use is enjoined, the Contractor shall, at its own expense and at its option, either procure the right to continue use of such infringement item(s), replace them with noninfringement equal performance item(s) or modify them so that they are no longer infringing. If the Contractor is unable to do any of the preceding, the Contractor agrees to remove all the equipment or software which is obtained contemporaneously with the infringing item(s), or, at the option of the Commonwealth, only those items of equipment or software which are held to be infringing, and to pay the Commonwealth: 1) any amounts paid by the Commonwealth towards the item(s) of the product, less straight line depreciation; 2) any license fee paid by the Commonwealth for the use of any software, less a reasonable amount for the period of usage; and 3) the pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for. The obligations of the Contractor under this paragraph continue without time limit. No costs or expenses shall be incurred for the account of the Contractor without its written consent.

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14. OWNERSHIP RIGHTS

The Commonwealth shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or material, and any software or modifications and any associated documentation that is designed or developed and delivered to the Commonwealth as part of the performance of the Contract.

15. ASSIGNMENT OF ANTITRUST CLAIMS

The Contractor and the Commonwealth recognize that in actual economic practice, overcharges by the Contractor’s suppliers resulting from violations of state or federal antitrust laws are in fact borne by the Commonwealth. As part of the consideration for the award of the Contract, and intending to be legally bound, the Contractor assigns to the Commonwealth all right, title and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the supplies and services which are the subject of the Contract.

16. HOLD HARMLESS PROVISION

The Contractor shall hold the Commonwealth harmless from and indemnify the Commonwealth against any and all claims, demands and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this Contract and shall, at the request of the Commonwealth, defend any and all actions brought against the Commonwealth based upon any such claims or demands.

17. AUDIT PROVISIONS

The Commonwealth shall have the right, at reasonable times and at a site designated by the Commonwealth, to audit the books, documents and records of the Contractor to the extent that the books, documents and records relate to costs or pricing data for the Contract. The Contractor agrees to maintain records which will support the prices charged and costs incurred for the Contract.

The Contractor shall preserve books, documents, and records that relate to costs or pricing data for the Contract for a period of three (3) years from date of final payment. The Contractor shall give full and free access to all records to the Commonwealth and/or their authorized representatives.

18. INSPECTION AND REJECTION

No item(s) received by the Commonwealth shall be deemed accepted until the Commonwealth has had a reasonable opportunity to inspect the item(s). Any item(s) which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the item(s) or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. It shall thereupon become the duty of the Contractor to remove rejected item(s) from the premises without expense to the Commonwealth within fifteen (15) days after notification. Rejected item(s) left longer than fifteen (15) days will be regarded as abandoned, and the Commonwealth shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale which represents the Commonwealth’s costs and expenses in regard to the storage and sale of the item(s). Upon notice of rejection, the Contractor shall immediately replace all such rejected item(s) with others conforming to the specifications and which are not defective. If the Contractor fails, neglects or refuses to do so, the Commonwealth shall then have the right to procure a corresponding quantity of such item(s), and deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price stated in the Contract and the actual cost thereof to the Commonwealth.

19. DEFAULT a. The Commonwealth may, subject to the provisions of Paragraph 20, Force Majeure, and in addition to its other rights under the Contract, declare the Contractor in default by written notice thereof to the Contractor, and terminate (as provided in Paragraph 21, Termination Provisions) the whole or any part of this Contract including a purchase order, for any of the following reasons:

1) Failure to deliver the awarded item(s) within the time specified in the Contract or contract purchase order or as otherwise specified;

2) Improper delivery; 5 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

3) Failure to provide an item(s) which is in conformance with the specifications referenced in the Invitation For Bids;

4) Delivery of a defective item;

5) Failure or refusal to remove and replace any item(s) rejected as defective or nonconforming within fifteen (15) days after notification;

6) Insolvency or bankruptcy;

7) Assignment made for the benefit of creditors;

8) Failure to protect, to repair, or to make good any damage or injury to property; or

9) Breach of any provision of this Contract. b. In the event that the Commonwealth terminates this Contract in whole or in part as provided in Subparagraph a. above, the Commonwealth may procure, upon such terms and in such manner as it determines, on item(s) similar or identical to those so terminated, and the Contractor shall be liable to the Commonwealth for any reasonable excess costs for such similar or identical item(s) included within the terminated part of the Contract. c. If the Contract is terminated in whole or in part as provided in Subparagraph a. above, the Commonwealth, in addition to any other rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Commonwealth in the manner and to the extent directed by the Department of General Services, such partially manufactured or delivered item(s) as the Contractor has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Except as provided below, payment for any partially manufactured or delivered item(s) accepted by the Commonwealth shall be in an amount agreed upon by the Contractor and the Commonwealth. The Commonwealth may withhold from amounts otherwise due the Contractor for such partially manufactured or delivered item(s), such sum as the Commonwealth determines to be necessary to protect the Commonwealth against loss. d. The rights and remedies of the Commonwealth provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. e. The Commonwealth’s failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default. f. Following exhaustion of the Contractor’s administrative remedies as set forth in Paragraph 22, the Contractor's exclusive remedy shall be to seek damages in the Board of Claims.

20. FORCE MAJEURE

Neither party will incur any liability to the other if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes.

The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, (ii) state whether performance under the contract is prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may reasonably request. After receipt of such notification, the Commonwealth may elect

6 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

either to cancel the Contract or to extend the time for performance as reasonably necessary to compensate for the Contractor’s delay.

In the event of a declared emergency by competent governmental authorities, the Commonwealth by notice to the Contractor, may suspend all or a portion of the Contract.

21. TERMINATION PROVISIONS

The Commonwealth has the right to terminate this Contract for any of the following reasons. Termination shall be effective upon written notice to the Contractor. a. TERMINATION FOR CONVENIENCE: The Commonwealth shall have the right to terminate the Contract or a purchase order for its convenience if the Commonwealth determines termination to be in its best interest. The Contractor shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the Contractor be entitled to recover loss of profits. b. NON-APPROPRIATION: The Commonwealth’s obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the Commonwealth shall have the right to terminate the Contract or purchase order. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract or purchase order. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from any appropriations available for that purpose. c. TERMINATION FOR CAUSE: The Commonwealth shall have the right to terminate the Contract for Contractor default under Paragraph 19, Default, upon written notice to the Contractor. The Commonwealth shall also have the right, upon written notice to the Contractor, to terminate the Contract or a purchase order for other cause as specified in this Contract or by law. If it is later determined that the Commonwealth erred in terminating the Contract or a contract purchase order for cause, then, at the Commonwealth’s discretion, the Contract shall be deemed to have been terminated for convenience under the Subparagraph 21.a.

22. CONTRACT CONTROVERSIES a. In the event of a controversy or claim arising from the Contract, the Contractor must, within six months after the cause of action accrues, file a written claim with the contracting officer for a determination. The claim shall state all grounds upon which the Contractor asserts a controversy exists. If the Contractor fails to file a claim or files an untimely claim, the Contractor is deemed to have waived its right to assert a claim in any forum. b. The contracting officer shall review timely-filed claims and issue a final determination, in writing, regarding the claim. The final determination shall be issued within 120 days of the receipt of the claim, unless extended by consent of the contracting officer and the Contractor. The contracting officer shall send his/her written determination to the Contractor. If the contracting officer fails to issue a final determination within the 120 days (unless extended by consent of the parties), the claim shall be deemed denied. The contracting officer's determination shall be the final order of the purchasing agency. c. Within fifteen (15) days of the mailing date of the determination denying a claim or within 135 days of filing a claim if, no extension is agreed to by the parties, whichever occurs first, the Contractor may file a statement of claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the Contractor shall proceed diligently with the performance of the Contract in a manner consistent with the determination of the contracting officer and the Commonwealth shall compensate the Contractor pursuant to the terms of the Contract.

23. ASSIGNABILITY AND SUBCONTRACTING a. Subject to the terms and conditions of this Paragraph 23, the Contract shall be binding upon the parties and their respective successors and assigns. 7 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

b. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under the Contract without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. c. The Contractor may not assign, in whole or in part, the Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the Department of General Services, which consent may be withheld at the sole and absolute discretion of the Department of General Services. d. Notwithstanding the foregoing, the Contractor may, without the consent of the Department of General Services, assign its rights to payment to be received under the Contract or a contract purchase order, provided that the Contractor provides written notice of such assignment to the Buyer and the ordering Commonwealth agency together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of the Contract. e. For the purposes of the Contract, the term “assign” shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company. f. Any assignment consented to by the Department of General Services shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned. g. A change of name by the Contractor, following which the Contractor’s federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give the Buyer written notice of any such change of name.

24. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, Contractor agrees as follows: a. In the hiring of any employees for the manufacture of supplies, performance of work, or any other activity required under the Contract or any subcontract, the Contractor, subcontractor or any person acting on behalf of the Contractor or subcontractor shall not by reason of gender, race, creed, or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. b. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or color. c. The Contractor and subcontractors shall establish and maintain a written sexual harassment policy and shall inform its employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. d. The Contractor shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the contract relates. e. The Contractor and each subcontractor shall furnish all necessary employment documents and records to and permit access to its books, records, and accounts by the contracting officer and the Department of General Services' Bureau of Contract Administration and Business Development for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause. If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting officer or the Bureau of Contract Administration and Business Development.

8 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

f. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor. g. The Commonwealth may cancel or terminate the Contract, and all money due or to become due under the Contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.

25. CONTRACTOR INTEGRITY PROVISIONS a. For purposes of this clause only, the words “confidential information,” “consent,” “contractor,” “financial interest,” and “gratuity” shall have the following definitions.

1) Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth.

2) Consent means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of execution of this agreement.

3) Contractor means the individual or entity that has entered into the Contract with the Commonwealth, including directors, officers, partners, managers, key employees and owners of more than a five percent interest.

4) Financial interest means:

a) Ownership of more than a five percent interest in any business; or

b) Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

5) Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. b. The Contractor shall maintain the highest standards of integrity in the performance of the Contract and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Commonwealth. c. The Contractor shall not disclose to others any confidential information gained by virtue of the Contract. d. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly, or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Commonwealth. e. The Contractor shall not, in connection with this or any other agreement with the Commonwealth, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the Commonwealth. f. Except with the consent of the Commonwealth, neither the Contractor nor anyone in privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under the Contract except as provided therein. g. Except with the consent of the Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on this project.

9 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

h. The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Commonwealth in writing. i. The Contractor, by execution of the Contract and by the submission of any bills or invoices for payment pursuant thereto, certifies, and represents that he or she has not violated any of these provisions. j. The Contractor, upon the inquiry or request of the Inspector General of the Commonwealth or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the Commonwealth’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refers to or concern the Contract. Such information shall be retained by the Contractor for a period of three years beyond the termination of the Contract unless otherwise provided by law. k. For violation of any of the above provisions, the Commonwealth may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

26. CONTRACTOR RESPONSIBILITY PROVISIONS a. The Contractor certifies, for itself and all its subcontractors, that as of the date of its execution of the bid/contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid, a written explanation of why such certification cannot be made. b. The Contractor must also certify, in writing, that as of the date of its execution of the bid/contract, it has no tax liabilities or other Commonwealth obligations. c. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment. d. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth. e. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment. f. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us or contacting the:

Department of General Services Office of Chief Counsel 603 North Office Building 10 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

Harrisburg, PA 17125 Telephone No. (717) 783-6472 FAX No. (717) 787-9138

27. AMERICANS WITH DISABILITIES ACT a. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that it shall not cause any individual with a disability to be excluded from participation in this Contract or from activities provided for under this Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to all benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors. b. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.

28. HAZARDOUS SUBSTANCES

The Contractor shall provide information to the Commonwealth about the identity and hazards of hazardous substances supplied or used by the Contractor in the performance of the Contract. The Contractor must comply with Act 159 of October 5, 1984, known as the “Worker and Community Right to Know Act” (the “Act”) and the regulations promulgated pursuant thereto at 4 Pa. Code Section 301.1 et seq. a. Labeling. The Contractor shall insure that each individual product (as well as the carton, container or package in which the product is shipped) of any of the following substances (as defined by the Act and the regulations) supplied by the Contractor is clearly labeled, tagged or marked with the information listed in Paragraph (1) through (4):

1) Hazardous substances:

a) The chemical name or common name,

b) A hazard warning, and

c) The name, address, and telephone number of the manufacturer.

2) Hazardous mixtures:

a) The common name, but if none exists, then the trade name,

b) The chemical or common name of special hazardous substances comprising .01% or more of the mixture,

c) The chemical or common name of hazardous substances consisting 1.0% or more of the mixture,

d) A hazard warning, and

e) The name, address, and telephone number of the manufacturer.

3) Single chemicals:

a) The chemical name or the common name,

b) A hazard warning, if appropriate, and

c) The name, address, and telephone number of the manufacturer.

11 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

4) Chemical Mixtures:

a) The common name, but if none exists, then the trade name,

b) A hazard warning, if appropriate,

c) The name, address, and telephone number of the manufacturer, and

d) The chemical name or common name of either the top five substances by volume or those substances consisting of 5.0% or more of the mixture.

A common name or trade name may be used only if the use of the name more easily or readily identifies the true nature of the hazardous substance, hazardous mixture, single chemical, or mixture involved.

Container labels shall provide a warning as to the specific nature of the hazard arising from the substance in the container.

The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings, and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:

• NFPA 704, Identification of the Fire Hazards of Materials.

• National Paint and Coatings Association: Hazardous Materials Identification System.

• American Society for Testing and Materials, Safety Alert Pictorial Chart.

• American National Standard Institute, Inc., for the Precautionary Labeling of Hazardous Industrial Chemicals.

Labels must be legible and prominently affixed to and displayed on the product and the carton, container, or package so that employees can easily identify the substance or mixture present therein. b. Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets (MSDS) with the information required by the Act and the regulations for each hazardous substance or hazardous mixture. The Commonwealth must be provided an appropriate MSDS with the initial shipment and with the first shipment after an MSDS is updated or product changed. For any other chemical, the contractor shall provide an appropriate MSDS, if the manufacturer, importer, or supplier produces or possesses the MSDS. The contractor shall also notify the Commonwealth when a substance or mixture is subject to the provisions of the Act. Material Safety Data Sheets may be attached to the carton, container, or package mailed to the Commonwealth at the time of shipment.

29. COVENANT AGAINST CONTINGENT FEES

The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract purchase order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Commonwealth shall have the right to terminate the contract purchase order without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

30. APPLICABLE LAW

The Contract shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not

12 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

31. INTEGRATION

The RFQ - Invitation For Bids form and the Contract form, including all documents referenced on the forms, as well as the purchase orders constitute the entire agreement between the parties. No agent, representative, employee or officer of either the Commonwealth or the Contractor has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Contract, which is any way can be deemed to modify add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties or by a change order signed by the Commonwealth. All such amendments and change orders will be made using the appropriate Commonwealth form.

32. CHANGES

The Commonwealth reserves the right to make changes at any time during the term of the Contract or any renewals or extensions thereof: 1) to increase or decrease the quantities resulting from variations between any estimated quantities in the Contract and actual quantities; 2) to make changes to the supply within the scope of the Contract; 3) to exercise an option to purchase or early payment option; 4) to notify the Contractor that the Commonwealth is exercising any Contract renewal or extension option; or 5) to modify the time of performance that does not alter the scope of the Contract to extend the completion date beyond the Expiration Date of the Contract or any renewals or extensions thereof. Any such change shall be made by: a. the contracting officer shown on the Contract form, or b. the agency contracting officer for changes to purchase orders, by notifying the Contractor in writing. The change shall be effective as of the date of the notification of change, unless the change specifies a later effective date. Such increases, decreases, changes, modifications or exercises of purchase options will not invalidate the Contract, nor, if performance security is being furnished in conjunction with the Contract, release the security obligation. The Contractor agrees to provide the supply in accordance with the change. Any dispute by the Contractor in regard to the performance required by any notification of change shall be handled through Paragraph 22, “Contract Controversies”.

13 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-1 CONSTRUCTION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All construction products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

% of Post- % of Total Consumer Recovered Construction Products Material Materials Materials Structural Fiberboard Recovered Materials - 80 Laminated Paperboard Post-consumer Paper 100 - Rock Wool Insulation Slag - 75 Fiberglass Insulation Glass Cullet - 20 Cellulose Insulation (loose-fill and spray-on) Post-consumer Paper 75 - Perlite Composite Board Insulation Post-consumer Paper 23 - Plastic Rigid Foam, Polyisocyanurate/ Recovered Material - 9 Polyurethane: Rigid Foam Insulation Foam-in-Place Insulation Recovered Material - 5 Glass Fiber Reinforced Insulation Recovered Material - 6 Phenolic Rigid Foam Insulation Recovered Material - 5 Floor Tiles (heavy duty/commercial use) Rubber 90 - Plastic - 90 Patio Blocks Rubber or Rubber Blends 90 - Plastic or Plastic Blends - 90 Polyester Carpet Fiber Face Polyethylene terephthalate (PET) 25 - resin Latex Paint: --Consolidated1 Recovered Material 100 - --Reprocessed2 -----White, Off-White, Pastel Colors Recovered Material 20 ------Grey, Brown, Earthtones, and Recovered Material 50 - Other Dark Colors Shower and Restroom Dividers/Partitions: Plastic 20 - Steel4 16 9 67 33 Carpet Cushion: --Bonded Polyurethane Old Carpet Cushion 15 - --Jute Burlap 40 - --Synthetic Fibers Carpet Fabrication Scrap - 100 --Rubber Tire Rubber 60 - Railroad Grade Crossing Surfaces --Concrete Coal Fly Ash - 15 --Rubber3 Tire Rubber - 85 --Steel4 Steel 16 9 67 33

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1 Consolidated latex paint used for covering graffiti, where color and consistency of performance are not primary concerns. 2 Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceiling, and trim; gutterboards; and concrete, stucco, masonry, wood, and metal surfaces.

3The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials, exclusive of any additives such as binders or additives 4 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 14 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/MIll Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary evidence that the construction product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

15 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-2 VEHICULAR PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Vehicular Product Requirements

Re-Refined Oil 25% re-refined oil base stock for engine lubricating oils, hydraulic fluids, and gear oils.

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Re-refined oil” is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be detected between re-refined and virgin oil.

(B) BIDDER’S CERTIFICATION

Bidder certifies that the vehicular product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE REFERENCED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary evidence that the vehicular product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

16 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-3 PAPER PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer content as shown below for the applicable products: Post-Consumer Content Item Notes (%)

Printing and Writing Papers

Reprographic Business papers such as bond, electrostatic, 30 copy, mimeo, duplicator and reproduction

Offset Used for book publishing, commercial 30 printing, direct mail, technical documents, and manuals

Tablet Office paper such as note pads and 30 notebooks

Forms bond Bond type papers used for business forms 30 such as continuous, cash register, sales book, unit sets, and computer printout, excluding carbonless

Envelope Wove 30 Kraft, white and colored (including manila) 10 Kraft, unbleached 10 Excludes custom envelopes

Cotton fiber High-quality papers used for stationery, 30 invitations, currency, ledgers, maps, and other specialty items

Text and cover Premium papers used for cover stock, 30 books, and stationery and matching envelopes

Supercalendered Groundwood paper used for advertising 10 and mail order inserts, catalogs, and some magazines

Machine finished groundwood Groundwood paper used in magazines and 10 catalogs

Papeteries Used for invitations and greeting cards 30

Check safety Used in the manufacture of commercial 10 and government checks

Coated Used for annual reports, posters, brochures, 10 and magazines. Have gloss, dull, or matte finishes

Carbonless Used for multiple-impact copy forms 30

File folders Manila or colored 30

Dyed filing products Used for multicolored hanging folders and 20 wallet files

Index and card stock Used for index cards and postcards 20

Pressboard High-strength paperboard used in binders 20 and report covers

17 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

Tags and tickets Used for toll and lottery tickets, licenses, and 20 identification and tabulating cards Newsprint

Newsprint Groundwood paper used in newspapers 20 Commercial Sanitary Tissue Products

Bathroom tissue Used in rolls or sheets 20

Paper towels Used in rolls or sheets 40

Paper napkins Used in food service applications 30

Facial tissue Used for personal care 10

General-purpose Used in cleaning and wiping applications 40 industrial wipers Paperboard and Packaging Products

Corrugated containers Used for packaging and shipping a variety of goods (<300 psi) 25 (300 psi) 25 40 Solid fiber boxes Used for specialized packaging needs such as dynamite packaging and army ration boxes Folding cartons Used to package a wide variety of foods, 40 household products, cosmetics, pharmaceuticals, detergent, and hardware

Industrial paperboard 45 Used to create tubes, cores, cans and drums Miscellaneous 75 Includes “chipboard” pad backings, book covers, covered binders, mailing tubes, game boards, and puzzles

Padded mailers Made from kraft paper that is usually brown 5 but can be bleached white

Carrierboard A type of folding carton designed for 10 multipack beverage cartons

Brown papers Used for bags and wrapping paper 5

Miscellaneous Paper Products

Tray liners Used to line food service trays. Often 50 contain printed information.

“Post-consumer” content is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part of the broader category of recovered material.”

The Commonwealth of Pennsylvania recognizes that paper products are universally made with scrap material recovered from the manufacturing process; use of such materials is a standard practice, both efficient and economical for the paper maker; therefore, bidders of paper products need not certify that their products are made with “pre- consumer,” “recovered.” or “secondary” paper fiber.

18 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of post-consumer content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a mill certification must be completed and signed by the mill before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.

19 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-4 LANDSCAPING PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Landscaping Products Recovered Material Content

Hydraulic Mulch: ------Paper 100% (post-consumer) ------Wood/Paper 100% (total)

Compost Made From Purchase or use compost made from yard trimmings, leaves, grass Yard Trimmings and/or clippings and/or food wastes for applications such as landscaping, Food Waste seeding of grass or other plants, as nutritious mulch under trees and shrubs, and in erosion control and soil reclamation. DGS further recommends implementing a composting system for these materials when agencies have an adequate volume and sufficient space.

Garden Hose: ------Rubber and/or Plastic 60% (post-consumer)

Soaker Hose: ------Rubber and/or Plastic 60% (post-consumer)

Lawn and Garden Edging: ------Rubber and/or Plastic 30% (post-consumer)/30-100% (total)

Landscaping Timber and Posts: ------HDPE 25% (post-consumer) + 50% (recovered) ------Mixed Plastics/Sawdust 50% (post-consumer) + 50% (recovered) ------HDPE/Fiberglass 75% (post-consumer) + 20% (recovered) ------Other mixed Resins 50% (post-consumer) + 45% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary evidence that the landscaping product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

20 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-5 MISCELLANEOUS PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All miscellaneous products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Miscellaneous Products Recovered Material Content Awards and Plaques ------Glass 75% (post-consumer) + 25% (recovered) ------Wood 100% (total) ------Paper 40% (post-consumer) ------Plastic and Plastic/Wood Composites 50% (post-consumer) + 45% (recovered) Industrial Drums ------Steel1 16% (post-consumer) + 9% (recovered) ------Plastic (HDPE) 30% (post-consumer) ------Fiber (paper) 100% (post-consumer) Mats ------Rubber 75% (post-consumer) +10% (recovered) ------Plastic 10% (post-consumer) + 90% (recovered) ------Rubber/Plastic Composite 100% (post-consumer) Pallets ------Wood 95% (post-consumer) ------Plastic 100% (post-consumer) ------Thermoformed 25% (post-consumer) ------Paperboard 50% (post-consumer) Signage ------Plastic 80% (post-consumer) ------Aluminum 25% (post-consumer) ------Plastic Sign Posts/Supports 80% (post-consumer) ------Steel Sign Posts/Supports2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Sorbents ------Paper 90% (post-consumer) +10% (recovered) ------Textiles 95% (post-consumer) ------Plastics 25% (total) ------Wood3 100% (total) ------Other Organics/Multimaterials4 100% (total) Manual-Grade Strapping ------Polyester 50% (post-consumer) ------Polypropylene 10% (total) ------Steel2 16% (post-consumer) +9% (recovered) 67% (post-consumer) +33% (recovered)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1Steel used in steel drums is manufactured using the Basic Oxygen Furnace (BOF) process, which contains 25-30% total recovered material, of which 16% is post-consumer steel. Steel used in manual-grade strapping is manufactured using either the BOF process or the Electric Arc Furnace (EAF) process, which contains 100% total recovered materials, of which 67% is post-consumer steel. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 3 “Wood” includes materials such as sawdust and lumber mill trimmings. 4 Examples of other organics include, but are not limited to, peanut hulls and corn stover. An example of multimaterial sorbents would include, but not be limited to, a polymer and cellulose fiber combination. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 21 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

(B) BIDDER’S CERTIFICATION

Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary evidence that the miscellaneous product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

22 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-6 NONPAPER OFFICE PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All nonpaper office products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Recovered Material Content Nonpaper Office Product Recycling Containers and Waste Receptacles: ------Plastic 20% (post-consumer) ------Steel1 16% (post-consumer) +9% (recovered) ------Paper ------Corrugated 25% (post-consumer) ------Solid Fiber Boxes 40% (post-consumer) ------Industrial Paperboard 40% (post-consumer) + 60% (recovered)

Plastic Desktop Accessories (polystyrene) including desk 25% (post-consumer) organizers, sorters, and trays, and memo, note, and pencil holders.

Binders: ------Plastic-Covered 25% ------Paper-Covered 75% (post-consumer) +15% (recovered) ------Pressboard 20% (post-consumer) + 30% (recovered) ------Solid Plastic ------HDPE 90% (post-consumer) ------PE 30% (post-consumer) ------PET 100% (post-consumer) ------Misc. Plastics 80% (post-consumer)

Trash Bags (plastic) 10% (post-consumer)

Toner Cartridges Return used toner cartridges for remanufacturing and reuse or purchase a remanufactured or recycled-content replacement cartridge.

Printer Ribbons Procure printer ribbon reinking or reloading services or procure reinked or reloaded printer ribbons.

Plastic Envelopes 25% (post-consumer)

Plastic Clipboards: ------HDPE 90% (post-consumer) ------PS 50% (post-consumer) ------Misc. Plastics 15% (post-consumer)

Plastic File Folders ------HDPE 90% (post-consumer)

Plastic Clip Portfolios ------HDPE 90% (post-consumer)

Plastic Presentation Folders ------HDPE 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

1 The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is made from steel manufactured from in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. 23 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the nonpaper office products which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the nonpaper office product(s) were in fact produced with the required minimum percentage of post- consumer and recovered material content.

24 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-7 PARK & RECREATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Park & Recreation Product Recovered Material Content1 Park Benches & Picnic Tables: -----Plastic2 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 50% (recovered) -----Aluminum 25% (post-consumer) -----Concrete 15% (total) -----Steel3 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) Plastic Fencing for Specified Uses4 60% (post-consumer) + 30% (recovered) Playground Equipment -----Plastic3 90% (post-consumer) + 10% (recovered) -----Plastic Composites 50% (post-consumer) + 45% (recovered) -----Steel4 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Aluminum 25% (post-consumer) Playground Surfaces: -----Plastic or Rubber 90% (post-consumer) Running Tracks: -----Plastic or Rubber 90% (post-consumer)

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the park and recreational product(s), to provide the Commonwealth with documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 “Plastic” includes both single and mixed plastic resins. Park benches and picnic tables made with recovered plastic may also contain other recovered materials such as sawdust, wood, or fiberglass. The percentage of these materials contained in the product would also count toward the recovered materials content level of the item. 3 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (AF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 4 Designation includes fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications. 25 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

EXHIBIT A-8 TRANSPORTATION PRODUCTS RECYCLED CONTENT

(A) REQUIREMENT

All transportation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Transportation Products Recovered Material Content1

Traffic Cones: -----Plastic (PVC and LDPE) 50% (recovered) -----Crumb Rubber 50% (recovered) Traffic Barricades (type I and II only): -----Plastic (HDPE, LDPE, PET) 80% (post-consumer) + 20% (recovered) -----Steel2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Fiberglass 100% (recovered) Parking Stops: -----Plastic and/or Rubber 100% (recovered) -----Concrete Containing Coal Fly Ash 20% (recovered) 15% when used as a partial cement replacement as an admixture in concrete. -----Concrete Containing Ground 25% (recovered) Granulated Blast Furnace Slag Traffic Control Devices: -----Channelizers: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Delineators: ------Plastic 25% (post-consumer) ------Rubber (base only) 100% (post-consumer) ------Steel (base only)2 16% (post-consumer) + 9% (recovered) 67% (post-consumer) + 33% (recovered) -----Flexible Delineators 25% (post-consumer) “Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

(B) BIDDER’S CERTIFICATION

Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the transportation product(s), to provide the Commonwealth with documentary evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

1 Content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents. 2 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25- 30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer. 26 Department of General Services GSPUR-12E (SAP) Rev. 12/17/07

MANUFACTURER/MILL CERTIFICATION

(To be submitted with invoice for each order)

TO BE COMPLETED BY MANUFACTURER/MILL:

NAME OF MANUFACTURER/MILL:______

ADDRESS OF MANUFACTURER/MILL: ______

FEDERAL EMPLOYER I.D. NO.: ______

CONTRACT OR REQUISITION NO. ______

NAME OF CONTRACTOR: ______

ADDRESS OF CONTRACTOR:______

Type of product(s) which the manufacturer/mill furnished to the contractor: ______

______

______

CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill, do hereby certify that I am authorized to provide this certification on behalf of the above-named manufacturer/mill and that the type of product(s) listed above which my company furnished to the contractor named above for the referenced contract or purchase requisition, contained not less than ______% post-consumer materials and ______% recovered materials as those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

______Signature

______Name of Signatory

______Title Date

27

LOT 1 IT HARDWARE PC REQUIREMENTS Standard PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet Supplier Response - How does the Minimum Requirements for Standard PC Criteria Explanation Requirements Supplier Notes this requirement product meet the requirement? ID (Yes/No)? 1 Form Factor Mid -Tower Mandatory Yes Mid Tower Chassis 2 Processor Intel® Dual Core Processor (1.60GHz, 1M, 800MHz Mandatory Intel E2160, 1.8GHz, 1M, 800MHz FSB EXCEEDS SPEC FS) Yes 3 Memory: Mandatory 2.0GB,Non-ECC,667MHz DDR 2x1GB 2.0GB,Non-ECC,667MHz DDR 2x1GB (4 Slots) Yes (4 Slots) Keyboard: USB Enhanced Multimedia Keyboard Mandatory Dell USB Enhanced MultiMedia 4 Yes Keyboard 5 Monitor Flat Panel Display,22 inch (Wide Screen) Mandatory Yes E228FPW 22" Flat Panel Display Operating System: Mandatory Genuine Windows Vista® with Genuine Windows Vista® with VISTA Business VISTA Business License to XP Pro 6 License to XP Pro Downgrade Rights, English Yes Downgrade Rights, English Hard Drive: 160GB SATA 3.0Gb/s and 8MB Cache (7200 Mandatory 160GB SATA 3.0Gb/s and 8MB 7 RPMs) Yes Cache (7200 RPMs) Mandatory Intel Integrated Video GMA 3100 Graphics Card 8 Integrated Video 256 MB (Direct 9x capable) Yes 256MB, Direct 9x Capable Intel Q35 Chipset Mouse: Mandatory Dell USB 2 Button Optical Mouse 9 2-Button Optical Mouse with Scroll Yes w/Scroll NIC: Mandatory Intel GbE LOM compatible with 10 Gigabit4 LOM compatiable with Power Management Yes Power Management Dash-ready, iAMT 3.0, ASF 2.0 Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory 48x32 CDRW/DVD w/Cyberlink Power 11 Yes DVD Software 12 Sound Card: Integrated Sound Mandatory Yes Integrated Sound 13 Speaker Internal Audio Speaker Mandatory Yes Internal Audio Speaker 14 PCI Slots 2 PCI Slots Mandatory Yes 2 Full Height PCI 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA/DVI, EXCEEDS SPEC I/O Ports 1xSerial, 1xParallel, 1x PS/2 Port, 1xRJ-45, Audio Highly 9 USB:2frt, 6rear,1 int,VGA,Ser, Par, 15 in/out, Mic Desirable Yes PS/2 ser port ad, RJ45, Audio i/o, Mic Mandatory EPEAT/Energy ratings for all machines EXCEEDS SPEC NOTE 16 Silver (http://www.epeat.net) Yes Gold Dell offers Resource CD below; cell locked 17 Misc: Resource CD via Website Support Download Mandatory . LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard High End PC Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High End P/C Supplier Notes the product meet this Supplier Response - How does the ID Criteria Explanation Requirements requirement (Yes/No)? product meet the requirement? 1 Form Factor Tower Yes Tower Chassis 2 Processor Intel® Dual Core PC Processor 2.4 GHz, 1066, FSB, 2MB L2 Mandatory Intel E8200 2.66 GHz, 6M,1333MHz EXCEEDS SPEC DC/VT Yes FSB,DC/VT 3 Memory: Mandatory 2GB, 800MHz, DDR2 SDRAM Memory, 2GB, 800MHz, DDR2 SDRAM Memory, 2X1GB (4 Slots) Yes 2x1GB (4 slots) Keyboard: Mandatory Dell USB Enhanced MultiMedia 4 USB Enhanced Multimedia English Keyboard Yes Keyboard 5 Monitor: Flat Panel Display,22 inch (Wide Screen) Mandatory Yes E228FPW 22" Flat Panel Display Operating System: Mandatory Genuine Windows Vista® with Genuine Windows Vista® with VISTA Business License to XP Pro VISTA Business License to XP Pro 6 Downgrade Rights, English Yes Downgrade Rights, English Hard Drive: Mandatory 160GB SATA 3.0Gb/s with NCQ and 7 160GB SATA 3.0Gb/s with NCQ and 8MB Cache Yes 8MB Cache Mouse: Mandatory Dell USB 2 Button Optical Mouse 9 USB 2-Button Optical Mouse with Scroll Yes w/Scroll NIC: Mandatory Intel GbE LOM compatible with 10 1 Gigabit4 LOM compatiable with Power Management Yes Power Management Dash-ready, iAMT 3.0, ASF 2.0 Optical Storage Device CD-RW/DVD-ROM Drive w/software Mandatory 48x32 CDRW/DVD w/Cyberlink Power 11 Yes DVD Software 12 Sound Card Integrated Sound Yes Integrated Sound 13 Speakers: Internal Audio Speaker Mandatory Yes Internal Audio Speaker 2x USB 2.0 (front), 4x USB 2.0 (back), 1xVGA/DVI, 1xSerial, 9 USB:2frt, 6rear,1 int,VGA,Ser, Par, PS/2 I/O Ports 14 1xParallel, 1x PS/2 Port, 1xRJ-45, Audio in/out, Mic Highly Desirable Yes ser port ad, RJ45, Audio i/o, Mic 15 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory yes Gold EXCEEDS SPEC Graphics Card: Mandatory Intel Integrated Video GMA 3100 16 Integrated Video 256 MB (Direct 9x capable) Yes 256MB, Direct 9x Capable Intel Q35 Chipset 17 RAID Configuration: 0,1 Capable Mandatory Yes Raid 0,1 Capable Misc: Resource CD via Website Support 18 Resource CD via Website Support Download Mandatory Yes Download LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for Standard the product meet this Supplier Response - How does the product meet Supplier Notes ID Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Mandatory Intel T7250 Dual Core Processor, 2.0GHz, 800MHz, 1 Intel® Dual Core Processor , 1.80GHz, 800MHz, 2ML2 Cache, Dual Core Yes 2ML2 Cache, Core 2 Duo Exceeds Spec 2 Memory: 2GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2 GB DDR2-667MHz, 2 DIMM 3 Display: 14 inch Wide Screen WXGA Mandatory Yes 14.1 in. Wide WXGA LCD 4 Feature: Internal English Keyboard Mandatory Yes Internal English Keyboard 5 Graphics Card: Integrated Video 256 MB (Direct 9x capable) Mandatory Yes Intel GMA X3100 6 Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400 RPM Operating System: Mandatory Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Genuine Windows Vista® with VISTA Business 7 Rights, English Yes License to XP Pro Downgrade Rights, English 8 Feature: Standard Touchpad Mandatory Yes Standard Touchpad 9 Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory Yes 24x CDRW/DVD W/Cyberlink 10 AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 11 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card 12 Battery: 6-Cell/56 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Yes 6-Cell/56WHr (Minimum 2 hour battery life) with Express Charge Expansion slots PCMCIA and/or Express Card Mandatory 13 Yes 1 PCMCIA Type I/II slot; supp Express Card via USB 14 USB 4 Slots Highly Desirable Yes 4 USB Slots D/Port, D/Dock, D/View Notebook Stand, D/Monitor Docking Capabilities 15 Mandatory Yes Stand 16 Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader 17 Smart Card Reader Mandatory Yes Integrated Smart Card Reader 18 Weight Please specify Mandatory Starts @ 4.47 lbs 19 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Yes Gold Exceeds Spec 20 Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem 21 Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth High End Notebook

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for High the product meet this Supplier Response - How does the product meet Supplier Notes ID End Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel T7700 Dual Core Processor, 2.4GHz, 800MHz 1 Intel® Dual Core Processor , 2.4 GHz, 800Mhz 2M L2 Cache, Dual Core Mandatory Yes 4M L2 Cache, Core 2 Duo Exceeds spec 2 Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM 3 Display: 15 inch Wide Screen WXGA Mandatory Yes 15.4 inch Wide Screen WXGA 4 Feature: Internal English Keyboard Mandatory Yes 5 Graphics Card: Integrated Video 256 MB (Dedicated;Direct 9x capable Mandatory Yes 256MB NVIDIA Quadro NVS 140M 6 Hard Drive: 120GB Hard Drive 7200RPM Mandatory Yes 120GB Hard Drive 7200RPM Includes Free Fall Sensor 7 Operating System: Genuine Windows Vista® with VISTA Business Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Rights, English Mandatory Yes License to XP Pro Downgrade Rights, English 8 Touchpad Standard Touchpad Mandatory Yes Standard Touchpad 9 Optical Drive: CD-RW/DVD-ROM Drive w/software Mandatory Yes 24x CDRW/DVD W/Cyberlink 10 AC Adapter: 90W AC Adapter Mandatory Yes 90W AC Adapter LAN: 1GB NIC and 1490 Dual Band WLAN 11 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Yes (802.11a/g,54Mbps) Mini Card Battery: 9-Cell/85 WHr Primary Battery (Minimum 2 hour 12 9-Cell/85 WHr Primary Battery (Minimum 2 hour battery life) Mandatory Yes battery life) 13 USB 4 Slots Mandatory Yes 4 Slots Expansion slots PCMCIA and/or Express Card Mandatory 13 Yes 1 PCMCIA Type I/II slot; supp Express Card via USB 14 Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader 15 Smart Card Reader Mandatory Yes Integrated Smart Card Reader 16 Weight Please specify Mandatory Starts @ 5.97 lbs D/Port, D/Dock, D/View Notebook Stand, D/Monitor Docking Capabilities 17 Mandatory Yes Stand 18 Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem 19 Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download 20 EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Mandatory Yes Silver LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Standard Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does the product meet this Supplier Response - How does the product meet Supplier Notes Minimum Requirements for Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel Dual Core, 1.20GHz Mandatory Yes Intel Core 2 Duo 1.2GHz, 533Mhz Display: 12.1 inch Wide Screen WXGA Mandatory Yes 12.1 inch Wide Screen WXGA Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM Feature: Internal English Keyboard Mandatory Yes Yes Graphics Card: Integrated Video 256 MB Mandatory Yes ATI Integrated Graphics Radeon Express 1250 EXCEEDS SPEC Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400RPM Feature: Standard Touchpad Mandatory Yes Standard Touchpad Operating System: Mandatory Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Genuine Windows Vista® with VISTA Business Rights, English Yes License to XP Pro Downgrade Rights, English Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter Optical Drive: DVD ROM with DVD Software Mandatory Yes D/Bay plus 8x DVD w/Cyberlink LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card Battery: 6-Cell/56 WHr Primary Battery Mandatory Yes 6-Cell/56 WHr Primary Battery Indoor/Outdoor Display Highly Desirable Yes Dell offers LED or DayLight Viewing (DLV) Screen USB 4 Slots 3 Slots, 1 is powered USB XT offers IEEE-1394, SD Card Slot, VGA, RJ- 45, media slice connector, 54mm Express Highly Desirable No Card, mic/headphones/speaker EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Silver Incl: 4 USB (one powered), IEEE1394, VGA, Docking Capabilities Mandatory Yes Media Base DVI, Serial, RJ-45 Finger Print Reader Highly Desirable Yes Std UPEK fingerprint reader Smart Card Reader Mandatory Yes Opt Smart Card support via Express Card Mandatory Two-button, batteryless pen; Multiple input options: CELL BELOW LOCKED; Dell can provide CD Stylus Yes pen, touch, auto, dual via Website Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth Convertible Tablet

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Convertible Tablet Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Mandatory Ultra Low voltage processor, Bus speed Intel Core 2 Duo U7600 1.2GHz, 533MHz, 2ML2 under spec, offset by superior graphics Intel Core 2 Dual Core, 1.20GHz, 800MHz, 2ML2 Cache, Dual Core No Cache, Dual Core performance Display: 12.1 inch Wide Screen WXGA Mandatory Yes 12.1 inch Wide Screen WXGA Memory: 2.0GB, DDR2-667 SDRAM, 2 DIMM Mandatory Yes 2.0GB, DDR2-667 SDRAM, 2 DIMM Feature: Internal English Keyboard Mandatory Yes Internal English Keyboard Graphics Card: Integrated Video 256 MB Mandatory Yes ATI Integrated Graphics Radeon Express 1250 EXCEEDS SPEC Hard Drive: 120GB Hard Drive 5400RPM Mandatory Yes 120GB Hard Drive 5400RPM Feature: Standard Touchpad Mandatory Yes Standard Touchpad Operating System: Mandatory Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Genuine Windows Vista® with VISTA Business Rights, English Yes License to XP Pro Downgrade Rights, English Modem: Internal 56K Modem Mandatory Yes 56K v.92 internal modem AC Adapter: 65W AC Adapter Mandatory Yes 65W AC Adapter Optical Drive: DVD ROM with DVD Software Mandatory Yes D/Bay plus 8x DVD w/Cyberlink LAN: Mandatory 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Yes (802.11a/g,54Mbps) Mini Card Battery: 6-Cell/56 WHr Primary Battery Mandatory Yes 6-Cell/56 WHr Primary Battery Indoor/Outdoor Display Highly Desirable Yes Dell offers LED or DayLight Viewing (DLV) Screen USB 4 Slots 3 Slots, 1 is powered USB XT offers IEEE-1394, SD Card Slot, VGA, RJ- 45, media slice connector, 54mm Express Highly Desirable No Card, mic/headphones/speaker EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Silver Incl: 4 USB (one powered), IEEE1394, VGA, Docking Capabilities Mandatory Yes Media Base DVI, Serial, RJ-45 Finger Print Reader Highly Desirable Yes Std UPEK fingerprint reader Smart Card Reader Mandatory Yes Opt Smart Card support via Express Card Two-button, batteryless pen; Multiple input options: Touch Screen (stylus and finger) Highly Desirable Yes pen, touch, auto, dual Mandatory Two-button, batteryless pen; Multiple input options: CELL BELOW LOCKED; Dell can provide CD Stylus Yes pen, touch, auto, dual via Website Misc: Resource CD via Website Support Download Mandatory LOT 1 IT HARDWARE PC REQUIREMENTS Commonwealth PC Monitor Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Supplier Response - How does Supplier Notes Minimum Requirements for PC Monitors the product meet this the product meet the Model Criteria Explanation Requirements requirement (Yes/No)? requirement? 22" wide LCD 1680x1050, EXCEEDS SPEC Dell E228WFP 22" Wide LCD 1440 x 900, Analog interface Yes Analog, DVI-D LCD Monitor Upgrade Options 22" wide LCD 1680x1050, EXCEEDS SPEC Dell E228WFP 22" LCD 1280 x 1024, DVI and Analog interface Yes Analog, DVI-D 22" wide LCD 1680x1050, 22" Wide LCD 1680 x 1050, DVI and Analog interface Dell E228WFP Yes Analog, DVI-D 24" wide LCD 1920x1200, EXCEEDS SPEC 24" LCD 1600 x 1200, DVI and Analog interface Dell E248WFP Yes Analog, DVI-D 27" wide LCD 1920x1200, 27" LCD 1920x 1200, DVI and Analog interface Dell UltraSharp E2707WFP Yes Analog, DVI-D 30" LCD 2560 x 1600, DVI and Analog interface Dell UltraSharp E3007WFP-HC No 30" wide LCD 2560x1600, DVI-D No analog interface in this monitor class LOT 2 IT HARDWARE PC REQUIREMENTS Commonwealth Ruggedized Notebook Requirements

The equipment model proposed must meet or exceed the detailed specifications below.

Supplier Response - Does Minimum Requirements for the product meet this Supplier Response - How does the product meet Supplier Notes Ruggedized Notebook Criteria Explanation Requirements requirement (Yes/No)? the requirement? Processor Intel T7250 Core 2 Duo Processor 2.0GHz, 800MHz Intel Core 2 Duo Processor 1.6GHz,533MHz 2MB L2 Cache Mandatory Yes 2ML2 Cache EXCEEDS SPEC: both proc & bus speeds Display: 13.3 inch TFT active matrix color LCD daylight -readable with or without 14.1 WXGA 1280x800, daylight readable w/anti- EXCEEDS SPEC:larger display touchscreen Mandatory Yes reflective coating Memory: 2GB (DDR2) SDRAM Mandatory Yes 2GB (DDR2) SDRAM Keyboard Internal English Keyboard Mandatory Yes Internal English Keyboard Feature: Standard Touchpad Mandatory Yes Standard Touchpad Graphics Card: Integrated Video Controller Mandatory Yes Intel GMA X3100 Hard Drive: 80GB Shock Mounted Hard Drive, 4200RPM Mandatory Yes 80GB Shock Mounted Hard Drive, 4200RPM Operating System: Genuine Windows Vista® with VISTA Business License to XP Pro Downgrade Genuine Windows Vista® with VISTA Business Rights, English Mandatory Yes License to XP Pro Downgrade Rights, English Speakers Internal Mandatory Yes Internal Modem: Internal 56K Modem Mandatory Yes Modem (MDC) with AC97 Codec Power/Battery 9 Cell Smart 600 Lithium-ion battery pack Yes 9 Cell Smart 600 Lithium-ion battery pack AC Adapter: External AC (90 Watt) Adapter Mandatory Yes External AC (90 Watt) Adapter Optical Drive: 24X CDRW/DVD with DVD software Mandatory Yes 24x CD-RW/DVD w/Cyberlink PowerDVD LAN: 1GB NIC and 1490 Dual Band WLAN 1GB NIC and Dual Band WLAN (802.11a/g,54Mbps) Mini Card, Mandatory Yes (802.11a/g,54Mbps) Mini Card Housing Magnesium Highly Desirable Yes Magnesium casings Wireless support Intel Wireless Wifi Link4965 GA 802.11a/b/g Mandatory Yes Intel PRO/Wireless 4965 Wi-Fi 802.11a/g/Draftn Finger Print Reader Highly Desirable Yes Opt UPEK fingerprint reader Smart Card Reader Mandatory Yes Integrated Smart Card Reader Weight Please specify Mandatory Starts @ 6.34 lbs w/CD ROM & battery EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable Yes Gold EXCEEDS SPEC Misc: Resource CD via Website Support Download Mandatory Yes Resource CD via Website Support Download LOT 3 IT HARDWARE PC REQUIREMENTS COMMONWEALTH STANDARD THIN CLIENT

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements Supplier Notes Standard Thin Client the product meet this does the product meet requirement (Yes/No)? the requirement? Processor 400MHz Mandatory Yes 800MHz Via C7 Eden EXCEEDS SPEC Flat Panel Display,19 VIS (Wide Screen) NOTE: RFP Q&A Display responses directed offerors Yes to 22" Memory:RAM 256MB Mandatory Yes 512MB EXCEEDS SPEC Memory:Flash 512MB (Linux) 1GB (Xpe) Mandatory Yes 1GB EXCEEDS SPEC Keyboard and Mouse: Keyboard and wheel moust included Mandatory Yes Incl KB & Mouse 22' Flat Panel Highly Desirable E228FPW 22" Flat Panel Monitor: Yes Display Minimum Graphics Resolution 1280x1024 Mandatory Yes 1920x1080 EXCEEDS SPEC Operating System: Linux Based or Xpe Mandatory Yes Xpe Support IO devices such as: USB Mandatory Ser, Par, 3xUSB, 1 DVI-I also opt CardBus/PCMCIA slot; extensive Peripheral Connectivity: storage/Serial/Parallel/COM, USB printing/imaging Yes Port, 1 DVI-I Port to VGA peripheral & device driver support Smart Card Support Smart Card Mandatory Yes Internal Smart Card Rdr Mandatory NIC: 100MB/s Yes 10/100 Base-T Fast E/net Mandatory Rem Mgmt, config, & Device Management upgrades via Wyse Device centeralized device management (including browser c Yes Mgr. Also Incl local IE browser EPEAT/Energy ratings for all machines Silver (http://www.epeat.net) Highly Desirable N/A No information regarding LOT 3 IT HARDWARE PC REQUIREMENTS Commonwealth Laptop Thin Client

The equipment model proposed must meet or exceed the detailed specifications below.

Minimum Requirements for Supplier Response - Does Supplier Response - How Criteria Explanation Requirements the product meet this does the product meet the Supplier Notes Laptop Thin Client requirement (Yes/No)? requirement? Processor 400MHz Mandatory Yes 1.2GHz Via C7-M ULV EXCEEDS SPEC Memory:RAM 256MB Mandatory Yes 1GB EXCEEDS SPEC Memory:Flash 1GB Mandatory Yes 1GB EXCEEDS SPEC Pointer Touch pad or stick pointer Mandatory Yes Touchpad Monitor: 12" or greater Mandatory Yes 15.4 Widescreen WXGA TFT EXCEEDS SPEC Minimum Graphics Resolution 1280x1024 Mandatory No 1280x800 Operating System: XPe Mandatory Yes XPe Peripheral Connectivity: Support IO devices such as: USB Highly Desirable Yes 4USB 2.0, 1VGA, 1DVI-D, SD Extensive peripheral & device driver support storage/Serial/Parallel/COM, USB card slot for addl storage, printing/imaging Bluetooth Expansion slots PCMCIA and/or Express Card Mandatory Yes Express 34/54 (PCI-E for added performance & 3G wireless access) Finger Print Reader Mandatory Yes Opt. Identix Smart Card Support Smart Card Mandatory Yes Incl Smart Card for security Speakers: built-in Mandatory Yes 2 internal speakers Communcations modem Mandatory Yes modem NIC: 100MB/s AND 802.11A/G Mandatory Yes 10/100/1000 & 802.11a/g EXCEEDS SPEC Device Management Mandatory Yes Rem Mgmt, config, & upgrades Cetralized device management (including brows via Wyse Device Mgr. Also Incl local IE browser EPEAT/Energy ratings for all N/A No information re: EPEAT machines Silver (http://www.epeat.net) Highly Desirable category for thin client BAFO

Supplier: Dell Inc Equipment Costs Supplier Notes Purchase Cost of Unit Monthly Lease Cost of Product RFP Machine Type Manufacturer Model Number (includes 1 year on- Unit (includes 4 years End-of- Lot # site warranty) on-site warranty) Life Date

Standard Desktop* 1 Dell Optiplex 755 $554.00 $16.54 Q4'08 High-End Desktop* 1 Dell Optiplex 755 $679.00 $19.61 Q4'08 Standard Notebook 1 Dell Latitude D630 $674.00 $20.06 Q4'08 High-End Notebook 1 Dell Latitude D830 $884.00 $25.44 Q4'08 Tablet 1 Dell Latitude XT $1,629.00 $44.53 Q4'08 Convertible Tablet 1 Dell Latitude XT $1,629.00 $44.53 Q4'08 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 Dell E228FPW $225.00 $6.63 Q3'08 Comes standard with a 3-year warranty 24" LCD 1600 x 1200, DVI and Analog interface 1 Dell E248WFP $325.00 $9.09 Q4'08 Comes standard with a 3-year warranty 27" LCD 1920x 1200, DVI and Analog interface 1 Dell 2707WFP $795.00 $21.23 Q2'08 Comes standard with a 2-year warranty 30" LCD 2560 x 1600, DVI and Analog interface 1 Dell 3007WFP $995.00 $26.76 Q2'09

* Note: All desktop computer include a 22'' monitor in cost (to be purchased as a package) BAFO

Supplier: Dell On-Site Services, Within 25 Mile Service-Area Radius On-Site Services, +25 mile Service-Area Radius, Includes Commonwealth wide 51-250 50-250 250+ 250+ Primary Services Price ($) Per Machine, Ala Carte PurchaseMachines Price ($) Per Machine, Ala Carte Purchase Machines Machines Factory Factory RFP Lot De- Asset Asset Managed Image Bundled Bundled De- Asset Asset Managed Image Bundled Bundled Machine Type Installation Disk Wipe Installation Disk Wipe # Installation Recovery Tagging Logistics Installation Services* Services* Installation Recovery Tagging Logistics Installation Services Services (CFI) (CFI) Standard Desktop 1 44 20 35 7 30 20 30 165 150 49 24 35 7 30 20 33 175 160 High-End Desktop 1 44 20 35 7 30 20 30 165 150 49 24 35 7 30 20 33 175 160 Standard Notebook 1 44 20 20 7 30 20 30 150 140 49 24 20 7 30 20 33 160 150 High-End Notebook 1 44 20 20 7 30 20 30 150 140 49 24 20 7 30 20 33 160 150 Tablet 1 44 20 20 7 30 20 30 150 140 49 24 20 7 30 20 33 160 150 Convertible Tablet 1 44 20 20 7 30 20 30 150 140 49 24 20 7 30 20 33 160 150 Monitors

22" Wide LCD 1680 x 1050, DVI and Analog interface 1 34 20 20 7 30 N/A N/A 100 90 39 24 20 7 30 N/A N/A 110 100 24" LCD 1600 x 1200, DVI and Analog interface 1 34 20 20 7 30 N/A N/A 100 90 39 24 20 7 30 N/A N/A 110 100 27" LCD 1920x 1200, DVI and Analog interface 1 34 20 20 7 30 N/A N/A 100 90 39 24 20 7 30 N/A N/A 110 100 30" LCD 2560 x 1600, DVI and Analog interface 1 34 20 20 7 30 N/A N/A 100 90 39 24 20 7 30 N/A N/A 110 100

*Note: Bundled Services include Installation, De-Installation, Asset Recovery, Asset Tagging, Managed Logistics, Factory Image Installation(CFI), and Disk Wipe. BAFO

Supplier: Dell Purchases Machines Only Supplier Notes Warranty Costs (cost by individual year) RFP Lot Bundled Machine Type Year 2 Year 3 Year 4 # Years 2-4 Standard Desktop* 1 N/A N/A N/A 51 4-year wannarty only High-End Desktop* 1 N/A N/A N/A 51 4-year wannarty only Standard Notebook 1 N/A N/A N/A 56 4-year wannarty only High-End Notebook 1 N/A N/A N/A 56 4-year wannarty only Tablet 1 N/A N/A N/A 56 4-year wannarty only Convertible Tablet 1 N/A N/A N/A 56 4-year wannarty only Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 0 0 25 25 Comes standard with a 3-year warranty 24" LCD 1600 x 1200, DVI and Analog interface 1 0 0 25 25 Comes standard with a 3-year warranty 27" LCD 1920x 1200, DVI and Analog interface 1 0 25 25 49 Comes standard with a 2-year warranty 30" LCD 2560 x 1600, DVI and Analog interface 1 25 25 25 74

*Note: All machine types include a 22'' monitor for warranty costs BAFO

Supplier: Dell On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 0-50 On-Site Services, +25 Mile Service-Area Radius, Quantity: 0-50 Optional Services Price ($) Per Machine Price ($) Per Machine Unbox/Power- Image Hourly Labor Unbox/Power- Image Hourly Labor Data Transfer Data Field Equipment Data Transfer Data Field Equipment Machine Type RFP Lot # on/Remove Development (software installs, on/Remove Development (software installs, Service Migration Imaging Movement Service Migration Imaging Movement Packaging Service etc.) Packaging Service etc.)

Standard Desktop 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 High-End Desktop 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 Standard Notebook 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 High-End Notebook 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 Tablet 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 Convertible Tablet 1 44 65 per hour 30 65 per hour 30 20 65 57 65 per hour 33 65 per hour 33 20 70 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 34 N/A N/A N/A N/A N/A 37 37 N/A N/A N/A N/A N/A 40 24" LCD 1600 x 1200, DVI and Analog interface 1 34 N/A N/A N/A N/A N/A 37 37 N/A N/A N/A N/A N/A 40 27" LCD 1920x 1200, DVI and Analog interface 1 34 N/A N/A N/A N/A N/A 37 37 N/A N/A N/A N/A N/A 40 30" LCD 2560 x 1600, DVI and Analog interface 1 34 N/A N/A N/A N/A N/A 37 37 N/A N/A N/A N/A N/A 40

On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 51-250 On-Site Services, +25 Mile Service-Area Radius, Quantity: 51-250 Optional Services Price ($) Per Machine Price ($) Per Machine Unbox/Power- Image Hourly Labor Unbox/Power- Image Hourly Labor Data Transfer Data Field Equipment Data Transfer Data Field Equipment Machine Type RFP Lot # on/Remove Development (software installs, on/Remove Development (software installs, Service Migration Imaging Movement Service Migration Imaging Movement Packaging Service etc.) Packaging Service etc.)

Standard Desktop 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 High-End Desktop 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 Standard Notebook 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 High-End Notebook 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 Tablet 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 Convertible Tablet 1 42 65 per hour 28 65 per hour 28 20 65 55 65 per hour 31 65 per hour 31 20 70 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 30 N/A N/A N/A N/A N/A 36 32 N/A N/A N/A N/A N/A 38 24" LCD 1600 x 1200, DVI and Analog interface 1 30 N/A N/A N/A N/A N/A 36 32 N/A N/A N/A N/A N/A 38 27" LCD 1920x 1200, DVI and Analog interface 1 30 N/A N/A N/A N/A N/A 36 32 N/A N/A N/A N/A N/A 38 30" LCD 2560 x 1600, DVI and Analog interface 1 30 N/A N/A N/A N/A N/A 36 32 N/A N/A N/A N/A N/A 38

On-Site Services, Within 25 Mile Service-Area Radius, Quantity: 250+ On-Site Services, +25 Mile Service-Area Radius, Quantity: 250+ Optional Services Price ($) Per Machine Price ($) Per Machine Unbox/Power- Image Hourly Labor Unbox/Power- Image Hourly Labor Data Transfer Data Field Equipment Data Transfer Data Field Equipment Machine Type RFP Lot # on/Remove Development (software installs, on/Remove Development (software installs, Service Migration Imaging Movement Service Migration Imaging Movement Packaging Service etc.) Packaging Service etc.)

Standard Desktop 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 High-End Desktop 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 Standard Notebook 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 High-End Notebook 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 Tablet 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 Convertible Tablet 1 40 65 per hour 26 65 per hour 26 20 65 53 65 per hour 29 65 per hour 29 20 70 Monitors 22" Wide LCD 1680 x 1050, DVI and Analog interface 1 29 N/A N/A N/A N/A N/A 35 31 N/A N/A N/A N/A N/A 36 24" LCD 1600 x 1200, DVI and Analog interface 1 29 N/A N/A N/A N/A N/A 35 31 N/A N/A N/A N/A N/A 36 27" LCD 1920x 1200, DVI and Analog interface 1 29 N/A N/A N/A N/A N/A 35 31 N/A N/A N/A N/A N/A 36 30" LCD 2560 x 1600, DVI and Analog interface 1 29 N/A N/A N/A N/A N/A 35 31 N/A N/A N/A N/A N/A 36 Attachment G – Warranty Requirements

Manufacturer's Warranty Maintenance Requirements for all PCs, Laptops, and Monitors specified in Attachment E – Hardware Requirements

Maintenance Type of Procurement Term1 Maintenance Method Lease (48- 4 years Onsite Next Business month)2 Day Purchase 1 year Onsite Next Business Day

Definition of Terms

Term Definition of Term Base Configuration The base configurations of IT Hardware (PCs, Laptops, and Monitors), as detailed in Appendix-E – Hardware Requirements. The base configurations do not include any option items. Maintenance Maintenance includes, but is not limited to: problem diagnosis, fault isolation, fault repair, validation of repair, reloading of all software, system validation and certification. PPM The Principal Period of Maintenance (PPM) is defined as the coverage timeframes in days and hours, during which the service provider agrees to respond to trouble calls. Service Level Fix Time: Prompt service and full repair is the responsibility of the Agreements (SLA’s): Contractor and imperative to maintaining customer satisfaction. During the business hours of 8:00 AM to 5:00 PM, Monday through Friday, excluding state holidays, Contractors must have responsive service technicians and the support infrastructure to attend to repairs quickly, maximizing machine up time. Fix Time is measured from the time the call/submission of a trouble ticket has been placed by the Commonwealth to the time the machine is back to full and complete working order. Contractors must meet an On-Time Performance (OTP) requirement of 95% service and repair completion within 12 business hours for equipment, measured on an aggregate monthly basis. Solution Time Solution Time is the total elapsed time from when a call is placed to the Contractor’s Dispatching Center for maintenance service until the repair is completed by the service technician and the equipment is certified as operable and accepted by the Commonwealth. Solution time includes both the Response Time and the Repair Time. Response Failure A Response Failure occurs when the Contractor fails to repair or replace (with a functional replacement) a problem computer, within the appropriate Solution Time.

Expectations for Contractors Regarding Warranty

1 The maintenance term for leased hardware only may be extended if the lease term is extended. 2 All Laptops and PCs are leased for a 48-month period – leased PCs include a monitor; includes all TCO Components. 3. Please reference Appendix E-Hardware Requirements for additional details on the Option Items available.

1 Attachment G – Warranty Requirements

A. Offeror shall provide the Commonwealth Agency with a complete set of warranty documents.

B. Offeror warrants that the equipment is new and unused, and when installed, shall be free from defects in material or workmanship.

C. Offeror further warrants that, under normal use and service, the equipment shall remain in satisfactory operating condition.

D. Offeror’s warranties, with respect to equipment or services may not be changed, modified, or amended, except by an instrument in writing.

E. Offeror warrants that the installation services will be of the highest quality and workmanship, and, if applicable, performed by tradespersons certified by the manufacturer(s) as trained and qualified installers. Contractor shall provide the Commonwealth with proof of installers’ certification upon request.

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Appendix I Historical Units Acquired Commonwealth of PA

Units

Fiscal Year

2004 2005 2006 2007 (5 months) Total Desktops 25,814 18,859 19,191 6,575 70,439 Laptop 3,382 4,594 4,133 2,343 14,452 Monitors 12,150 10,550 11,350 2,393 36,443 Tablets 0 0 15 54 69 Total 41,346 34,003 34,689 11,365 121,403

Services Used

% of Time Agency Elected Service Installation 60% De-installation 55% Asset Recovery 55% Field Asset Tagging 73% Managed Logistics 50% Field Imaging 16% CFI 98% 60 Minutes 47% Disk Wipe 9% Data Migration 9%

Note: Usage history are estimates only and to be used as a representative procurement sample. Usage rates do not indicate future volume commit APPENDIX J LEASING TERMS AND CONDITIONS

I. General.

(A) Pursuant to these Leasing Terms and Conditions (“Terms and Conditions”) the contractor(s) shall lease equipment and software covered by the contract. Commonwealth agencies shall, in addition to the outright purchase of equipment and software, have the option to lease equipment from the contractor, as well as financed software and other items in RFP CN00027699. Leases shall be in accordance with the following terms (in addition to the terms and conditions of RFP CN00027699. The ordering Commonwealth agency shall indicate its election to lease equipment (each such lease transaction hereinafter called a "Lease") on the applicable purchase order issued to the contractor. Such Lease may also include financed software or other items in RFP CN00027699 that are financed (in either case "Financed Items").

(B) The contractor may assign such purchase order and Lease to a third party ("Initial Assignee") who will fund the purchase of the equipment and Financed Items (and in the case of a Lease, take title to the equipment) and assume the right to receive all payments thereunder. The consent of the Commonwealth to such assignment by the contractor shall not be required. The contractor shall notify the Commonwealth of its assignment to an Initial Assignee in its acknowledgment to the Commonwealth Agency of the purchase order and by providing the Commonwealth Agency with a copy of an assignment agreement between the contractor and the Initial Assignee.

(C) Notwithstanding any provisions to the contrary in the RFP CN00027699, in the event of an assignment of a Lease to an Initial Assignee, the Initial Assignee shall only be bound to the obligations of the contractor as they are specified in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided in the remainder of RFP CN00027699. The Commonwealth waives any claims it may have against the Initial Assignee for any loss, damage or expense caused by the equipment or any Financed Item or any defect therein or use or maintenance thereof. The Commonwealth acknowledges that the Initial Assignee is not the supplier of the equipment or Financed Items and is not responsible for its selection or installation. Once an acceptance certificate in the form attached hereto as Exhibit A is executed by the ordering Commonwealth Agency and is received by Initial Assignee, if any portion of the equipment or Financed Items is unsatisfactory for any reason, the ordering Commonwealth Agency shall, nevertheless, continue to make payments under the applicable Lease and shall make any claim against the contractor or the manufacturer, but not against the Initial Assignee or any subsequent assignee of the Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

(D) The rights of the Initial Assignee and any subsequent assignee to receive payments under a Lease are absolute and unconditional and shall not be affected by any right of set-off or defense of any kind whatsoever once an acceptance certificate in the form attached here to as Exhibit A is executed by the ordering Commonwealth Agency and is also received by Initial Assignee. However, the ordering Commonwealth Agency may elect to cancel the lease and cease payments pursuant to Section V(I)(2) herein.

II. Leasing Plans. The contractor agrees to provide the equipment and Financed Items covered by RFP CN00027699 through 48 month Lease with Fair Market Value

The leasing plan selected by the ordering Commonwealth agency shall be identified on the purchase order.

III. Term. The term of each Lease shall commence on the date the equipment and/or Financed Items are accepted by the ordering Commonwealth agency (as evidenced by an acceptance certificate in the form attached hereto as Exhibit A) and shall continue for the period of time of the pricing plan as designated on the purchase order.

IV. Payments.

(A) Full term intention. The ordering Commonwealth agency shall pay the applicable quarterly or semi-annual payment for the equipment and Financed Items. Payment shall be made by the ordering Commonwealth Agency, for the full term, unless the purchase order or lease is terminated by the Commonwealth agency for contractor Default under Section V(I)(2) herein or nonappropriation of funds.

(B) Nonappropriation. The Commonwealth agency's obligation is payable only and solely from funds allotted for the purpose of the Lease. If sufficient funds are not appropriated for continuation of performance under any Lease for any fiscal year subsequent to the one in which the purchase order was issued, the Commonwealth agency may return the equipment to the contractor or Initial Assignee (if applicable) and thereafter be released of all further obligations, provided: (i) The Commonwealth agency delivers unencumbered title to the equipment to the contractor or Initial Assignee (if applicable), (ii) The equipment is returned to the contractor or Initial Assignee (if applicable) in good condition, reasonable wear and tear excepted, and (iii) thirty (30) days written notice is given to the contractor or Initial Assignee (if applicable) stating the failure of appropriations as the reason for return and certifying that the equipment is not being replaced by similar equipment from another vendor. In the event the Commonwealth agency returns the equipment for failure of appropriations, all amounts then due to the contractor or Initial Assignee (if applicable) through the end of the fiscal year for

2 which sufficient funds have been appropriated shall be paid by the Commonwealth agency.

V. Leasing Terms and Conditions. The following terms and conditions shall apply for the Forty-eight (48) month Lease with Fair Market Value:

(A) Title. Title in or to the equipment shall not pass to the Commonwealth but shall remain in the contractor or Initial Assignee (if applicable). The equipment shall remain personal property and shall not become a fixture or affixed to real property. The Commonwealth will keep the equipment free and clear of all encumbrances except the contractor's or any assignee's security interest. At the request of the contractor or Initial Assignee (if applicable), the Commonwealth will join the contractor or Initial Assignee in executing one or more financing statements, pursuant to the Uniform Commercial Code or other registration law applicable to the location of the equipment. The contractor or Initial Assignee (if applicable) will pay the cost of filing the financing statement(s) in all public offices wherever filing is deemed by the contractor or Initial Assignee to be necessary or desirable.

(B) Risk of Loss. The contractor shall assume and bear the risk of loss, damage, or theft to the equipment and all component parts thereof while same is in the Commonwealth's possession, unless it could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment. No loss or damage to the equipment shall impair any obligation of the contractor or of the Commonwealth, except as hereinafter expressly provided. Unless the damage could have been prevented by the Commonwealth's exercise of reasonable care or diligence in the use, protection, or care of the equipment, the contractor shall repair or cause to be repaired all damages to the equipment, if the contractor determines the equipment can be economically repaired. In the event that the equipment is stolen, destroyed or rendered irreparable, unusable, or damaged as determined by the contractor, the Lease shall terminate and the Commonwealth's obligation to pay rent for the equipment shall be deemed to have ceased as of the date of the loss.

(C) Assignment. The Commonwealth shall not assign any Lease hereunder or any interest therein, or sublease the equipment without the prior written consent of the contractor or its assignee. The Commonwealth reserves the right, upon notice to the contractor and any affected assignees, to transfer equipment and associated lease payment obligations between Commonwealth agencies. The contractor may assign the purchase order and the Lease and/or grant security interests therein, in whole or in part to an Initial Assignee and such Initial Assignee may further assign a Lease and/or grant a security interest therein to a subsequent assignee without the consent of the Commonwealth. Any other assignment by the contractor shall require the prior written consent of the Commonwealth. Upon notice to the ordering Commonwealth agency, the contractor may assign payments under any Lease to a third party.

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(D) Extension. If the Commonwealth has not elected to purchase the equipment at the expiration of a Lease term, and as long as the Commonwealth is not in default under the Lease, the Lease (other than Leases that expire five years from date of installation) may be extended upon receipt by the contractor or Initial Assignee (if applicable) of written notification from the Commonwealth. The extension will be under the same terms and conditions then in effect, including rent (but not less than fair market rental value) and will continue until the earlier of termination by either party upon one month's prior written notice or five years from the date of installation.

(E) Return of Equipment. At the expiration or termination of a Lease for any item of equipment, or upon demand by the contractor, or Initial Assignee (if applicable) pursuant to Section V(I), Default, the Commonwealth shall promptly return the equipment “as is”, freight prepaid, to a location in the continental United States specified by the contractor or Initial Assignee (if applicable). The Commonwealth will not be assessed any additional charges based on condition of the returned equipment. The Commonwealth agency shall pay the applicable rent for the equipment until it has been shipped to the contractor in accordance with the subsection. Since the Commonwealth has, as a matter of policy, determined that all hard drives contain information that is confidential or sensitive, the contractor shall, at its discretion, either 1) remove and destroy the hard drive from the equipment or 2) clean the hard drive to Office of Administration/U.S. Department of Defense standards. The contractor will be required to provide written certification to the Commonwealth agency that the hard drive has been destroyed or cleaned to Office of Administration/U.S. Department of Defense standards. Except in the event of a total loss of the equipment pursuant to paragraph V(B) herein and except for those costs associated with the removal, destruction and cleaning of the hard drives, the Commonwealth shall pay any costs and expenses incurred by the Contractor or Initial Assignee (if applicable) to place the equipment in good operating condition in accordance with the specifications. All parts removed and replaced by the contractor shall become the property of contractor or Initial Assignee (if applicable). The contractor’s or Initial Assignee’s (if applicable) costs and expenses associated with 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive shall be included in the rental amount. No additional charges will be paid by the Commonwealth agency for 1) the contractor’s or Initial Assignee’s (if applicable) cleaning of a hard drive to Office of Administration/U.S. Department of Defense standards and 2) the contractor’s or Initial Assignee’s (if applicable) removal and destruction of a hard drive upon the return of an item of equipment.

(F) Warranties: Quiet Enjoyment. The contractor or Initial Assignee (if applicable) grants to the Commonwealth the benefit of any and all warranties made by the manufacturer or supplier of the equipment or Financed Items during the term of a

4 Lease. The contractor warrants that neither the contractor nor anyone acting or claiming through the contractor, by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of the use of the Equipment so long as no event of default shall have occurred and be continuing. However, in the event of an assignment of a Lease hereunder to an Initial Assignee, such Initial Assignee (and any subsequent assignee) warrants that neither it nor anyone acting or claiming through it by assignment or otherwise, will interfere with the Commonwealth's quiet enjoyment of and use of the Equipment, so long as no event of default shall have occurred and be continuing.

(G) Liability.

1. The Commonwealth assumes all risks and liabilities for injury to or death of any person or damage to any property, in any manner arising out of possession, use, operation, condition, or storage of any piece of equipment or Financed Item by the Commonwealth agency whether such injury or death be with respect to agents or employees of the Commonwealth or of third parties, and whether such property damage be to the Commonwealth's property or the property of others; provided, however, that said damage or injury results from the negligence of Commonwealth, its agents or employees, and provided that judgment has been obtained against the Commonwealth. This provision shall not be construed to limit the sovereign immunity of the Commonwealth, the Department of General Services or any Commonwealth agency.

2. The Commonwealth shall, during the term of the Lease, self-insure with respect to the risks which it has assumed under subparagraph (G)(1) above, including, but not limited to, risks of public liability and property damage under Act 142 of October 5, 1980, P.L. 693, 42 Pa. C.S. A. Section 8522.

(H) Financing and Prepayment. If a Lease provides for financing of software or other Financed Items, the contractor will pay the charges for such Financed Items directly to the supplier (if such supplier is not the contractor). In the event the Lease is assigned to an Initial Assignee, the Initial Assignee will pay such charges directly to the contractor or the supplier. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth's obligation to pay rent for those items of software or other Financed Items which have been delivered and for which acceptance certificates have been received shall not be effected by any discontinuance, return or destruction of any license or licensed program materials or any dissatisfaction with any service financed under the Lease. The Commonwealth may terminate any Financed Item (but not an item of equipment) by prepaying its remaining rent. The Commonwealth shall provide the contractor or Initial Assignee (if applicable) with notice of the intended prepayment date which shall be at least one month after the date of the notice. The contractor or Initial Assignee may, depending on market conditions at the time, reduce the remaining rent to reflect such prepayment and shall advise the

5 Commonwealth of the balance to be paid. If, prior to Lease expiration, the Commonwealth purchases equipment related to a Financed Item or if the Lease for such equipment is terminated, for any reason (except if funds are not appropriated as described in paragraph IV(B), the Commonwealth shall at the same time prepay such Financed Item, if it has been delivered and for which an acceptance certificate has been received.

(I) Default

1. If the Commonwealth (1) does not pay a rent payment within thirty (30) days after the due date and such non-payment continues for fifteen (15) days after receipt of written notice from the contractor or Initial Assignee (if applicable) that the Commonwealth Agency is delinquent in payment of any rent; (2) breaches any other provision under these Terms and Conditions and such breach continues for fifteen (15) days after receipt of written notice thereof from the contractor or Initial Assignee (if applicable); or (3) files any petition or proceeding (or has a petition or proceeding filed against it) under any bankruptcy, insolvency or similar law, the contractor or its assignee may pursue and enforce the following remedies:

a. Terminate the applicable purchase order.

b. Take possession of any or all items of equipment without any court order or other process of law and for such purpose, the contractor or its assignee may enter upon the premises where the equipment may be and may remove the same therefrom upon written notice of its intention to do same, without being liable to any suit or action or other proceeding by the Commonwealth. The contractor or its assignee may, among its options, sell the equipment at public or private sale for cash or credit. The Commonwealth agency shall be liable for the contractor’s or the assignee’s expense of retaking possession and the removal of the equipment and placing the equipment in good operating condition (if it is not in good operating condition at the time of removal) in accordance with the manufacturer’s specifications. When the equipment is returned to the contractor or its assignee, it shall include only those items that were purchased as per the purchase order.

c. Recover from the Commonwealth agency all rent payments then due and the net present value of the amount of the remaining rent payments. The present value of such remaining rent payments shall be calculated using a discount rate equal to the average of the weekly two and three year Treasury Constant Maturities published by the Federal Reserve Board for the last calendar week of the month preceding the contractor’s or its assignee’s termination of the applicable purchase order. The Treasury Constant Maturities

6 are published in Statistical Release .15 and can be accessed via the Federal Reserve Board internet website.

2. In the event of default by the contractor, the Commonwealth may pursue one or more of the following remedies.

a. If the payments under the purchase order have been assigned to an Initial Assignee, the Commonwealth shall continue to make rent payments for those units of equipment which have been delivered for which acceptance certificates have been received, and cancel its order without liability for payment for those units which have not been delivered and for which acceptance certificates have not been received. The amount of the rent payments shown in the payment schedule will be recalculated, however, to take into consideration and pay for the actual number of units which were delivered and for which acceptance certificates have been received. If no acceptable units of equipment have been delivered and accepted, the Commonwealth agency may terminate the purchase order without liability to make any payments.

b. If the payments under this agreement have not been assigned to an Initial Assignee, the Commonwealth agency may setoff or counterclaim against its obligation to make the payments any and all damages incurred by the Commonwealth as a result of the contractor's default.

c. The Commonwealth and any Commonwealth ordering agency may cancel a lease for the lessor’s non-performance or failure to comply with the terms of the lease or Contract, including non- compliance with applicable Service Level Agreements for leased equipment. Non-performance shall be defined as the failure by the lessor to provide (and cure within any applicable lease or contract cure period) material or services as required by the contract or lease agreement. In the event the lessee notifies the lessor of its non-performance, the lease shall be null and void 30 days from the date of notification to the lessor. It will be the responsibility of the lessor to pick-up the equipment with no additional charges.

VI. Compliance with Internal Revenue Code. The contractor or its assignee must, if it intends to provide tax exempt financing, file, in timely fashion, any reports that must be filed with the Internal Revenue Service with respect to the order under Section 124 or 149 of the Internal Revenue Code (IRC). The Commonwealth shall cooperate with the contractor or its assignee in the preparation and execution of these documents. The Commonwealth shall also keep a copy of each notification of assignment with the Commonwealth's counterpart of the order and shall not, during the term of the Lease, permit the equipment to be directly or indirectly used for a private business use within the

7 meaning of Section 141 of the IRC. The Commonwealth represents that it and each ordering Commonwealth Agency that enters into a Lease hereunder qualifies as a State or political subdivision of a State for the purpose of Section 103(a) of the IRC. Any misrepresentation of such status under Section 103(a) shall constitute an event of default by the Commonwealth pursuant to paragraphs V(I). If (a) the Internal Revenue Service rules that the Commonwealth or any ordering Commonwealth Agency does not so qualify under Section 103(a) of the IRC, or (b) the Commonwealth fails to cooperate with the contractor or Initial Assignee in the preparation and execution of any reports required under Section 124 or 149 of the IRC (including 8038G and 8038GC forms), the Commonwealth will pay the contractor or Initial Assignee (if applicable) upon demand, a sum to be determined by the contractor or Initial Assignee sufficient to return the contractor or Initial Assignee (if applicable) to the economic results it would otherwise have received.

VII. Other Documents. Upon request from the contractor or Initial Assignee the Commonwealth will sign properly completed UCC-1 Forms and 8038G or 8038GC Forms if applicable. The contractor or Initial Assignee shall be responsible for completing these forms and filing them with the appropriate offices/parties. One opinion of counsel form (using the form attached hereto as Exhibit B) covering all Commonwealth agency orders under the contract will be provided upon request.

VIII. Use and Location of Equipment and Alterations. The Commonwealth shall keep the equipment under a Lease within the confines of the Commonwealth of Pennsylvania. The Commonwealth will inform the contractor or the Initial Assignee of the location of the equipment upon request. The ordering Commonwealth agency, at its own cost and expense, shall maintain the equipment in good operating condition and will not use or deal with the equipment in any manner which is inconsistent with the terms of the Contract or any applicable laws and regulations. The equipment will not be misused, abused, wasted or allowed to deteriorate except for ordinary wear and tear resulting from its intended use. No alterations, changes, or modifications to the equipment shall be made without the approval of the contractor or Initial Assignee (if applicable).

IX. Warranty Disclaimer. IN THE EVENT CONTRACTOR ASSIGNS A LEASE HEREUNDER TO AN INITIAL ASSIGNEE, SUCH INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE MAKE NO WARRANTY (OTHER THAN, IN THE CASE OF A LEASE, A WARRANTY OF QUIET ENJOYMENT OF THE EQUIPMENT), EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AS TO THE INITIAL ASSIGNEE AND ANY SUBSEQUENT ASSIGNEE, THE COMMONWEALTH TAKES THE EQUIPMENT AND ANY FINANCED ITEMS "AS IS." IN NO EVENT SHALL THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE HAVE ANY LIABILITY FOR, NOR SHALL THE COMMONWEALTH HAVE ANY REMEDY AGAINST THE INITIAL ASSIGNEE OR ANY SUBSEQUENT ASSIGNEE FOR, CONSEQUENTIAL DAMAGES, ANY LOSS OF SAVINGS OR LOSS OF USE.

8 X. Governing Law: Severability. All Leases hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania; however the parties agree that Article 2A of the Uniform Commercial Code shall not apply or govern transactions under these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid or unenforceable, all other provisions shall remain in effect. All disputes arising in connection with these Terms and Conditions shall be resolved in accordance with Section 21 of the Standard Contract Terms and Conditions for Department of General Services Statewide Services Contracts – SAP (Appendix A to RFP CN00027699).

XI. Notices. Service of all notices under these Terms and Conditions shall be sufficient if delivered by hand or overnight courier or mailed to the Commonwealth at the address set forth in the applicable purchase order, or to the contractor or Initial Assignee (if applicable) at the address set forth in its acknowledgment to the purchase order (or any document attached thereto). Notices by mail shall be effective when deposited in the U.S. mail, duly addressed and postage prepaid. Notices delivered by hand or by overnight courier shall be effective when actually received.

XII. Terms. These Terms and Conditions are in addition to other terms and conditions of RFP CN00027699, except to the extent the contractor assigns a Lease or hereunder to an Initial Assignee, in which case the Initial Assignee shall only be bound to the obligations of the contractor indicated in these Terms and Conditions and shall not be responsible for any additional representations, warranties, covenants or obligations of the contractor as provided by the current terms and conditions of RFP CN00027699. To the extent that there is a conflict between the other terms and conditions of RFP CN00027699 and these Terms and Conditions, these Terms and Conditions shall prevail to the extent that a leasing option is selected by the ordering Commonwealth agency.

9 EXHIBIT A

Purchase order No. ______dated ______, 20 __, by and between ______(the contractor) and ______(Commonwealth agency).

ACCEPTANCE CERTIFICATE

The undersigned hereby certifies and represents to, and agrees with, the contractor or its assignee as follows:

1. A unit(s) of the equipment and/or financed item(s) identified on the attached schedule have/has been delivered to ______and accepted on the date indicated below.

2. The Commonwealth agency had conducted such inspection and/or testing of the unit(s) of the equipment and/or financed item(s) as it deems necessary and appropriate and hereby acknowledges that it accepts the such unit(s) of equipment.

3. The Commonwealth agency is not in any event of default as defined in RFP CN00027699 and no event which, with notice or lapse of item, or both, would become an event of default, has occurred and is continuing at the date thereof.

______(Commonwealth Agency)

By: ______

______Title

______Date

10 EXHIBIT B

DATE: ______

Ladies and Gentlemen:

As counsel for the Commonwealth of Pennsylvania, Department of General Services, I am familiar with RFP CN00027699 (the "Agreement") dated as of ______, 20 _____, between ______as the contractor and the Commonwealth of Pennsylvania, including all exhibits and attachments to the Agreement.

Based on the examination of these and such other documents, records, and papers as I deemed to be relevant and necessary as the basis for my opinion set forth below, It is my opinion that as of the date of this opinion:

1. The Commonwealth is authorized to enter into the transaction contemplated by the Agreement and to carry out its obligations thereunder.

2. The Agreement has been duly authorized, executed, and delivered by the Commonwealth and constitutes a legal, valid, and binding agreement enforceable in accordance with its term. Any orders issued by Commonwealth agencies against the Agreement represent legal, valid and binding obligations of the agency that issued the order.

3. No further approval, consent, or withholding of objections is required from any federal, state, or local governmental authority with respect to the entering into or performance by the Commonwealth of the Agreement and the transactions contemplated thereby.

4. The entering into and performance of the Agreement and other related documents will not violate any judgment, order, law, or regulation applicable to the Commonwealth or result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest, or other encumbrance upon any assets of the Commonwealth or the equipment pursuant to any indenture, mortgage, deed or trust, bank loan, credit agreement or other instrument by which the Commonwealth is a party or by which it or its assets may be bound.

11 5. To the best of my knowledge, there are no actions, suits, or proceedings pending or, to the knowledge of the Commonwealth, threatened against or affecting the Commonwealth, in any court or before any governmental commission board or authority which, if adversely determined, will have a material adverse effect on the ability of the Commonwealth to perform its obligations under the Agreement.

6. All required competitive procurement procedures regarding the award of the Agreement have been followed by the Commonwealth.

Sincerely,

______Assistant Counsel

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