Microsoft Enterprise Perpetual License 3-Year Installment Purchase Plan in Accordance With the Attached Quote # Fsearad60509-R01 and Under the GSA Contract Gs-35f-4027d AS Supplemented by the Terms and Conditions of Usda BPA AG-3142-B-09-0010. the Attached Supplemental Terms and Conditions of the Installment Purchase Plan for Perpetual License and Software Assurance ARE Also Incorporated Into This Order. DUE to System Limitations This Award Replaces AG-7604-D-09-0274. This Award IS Created With a Different Vendor Code to Allow for Notice of Assignment. FAR 52.217-9, Option to Extend the Term Ofthe Contract, IS Hereby Incorporated Asfollows: Option to Extend the Term of the Contract (MAR 2000) (A) the Government MAY Extend the Term of This Contract by Written Notice to the Contractor Within 30 Days of the END of the Performance Period; Provided That the Government Gives the Contractor a Preliminary Written Notice of ITS Intent to Extend AT Least 60 Days Before the Contract Expires. the Preliminary Notice Does NOT Commit the Government to an Extension. (B) IF the Government Exercises This Option, the Extended Contract Shall BE Considered to Include This Option Clause. (C) the Total Duration of This Contract, Including the Exercise of ANY Options Under This Clause, Shall NOT Exceed 4 Years. (END of Clause) the Base Period for This Delivery Order IS June 26, 2009 Through June 25, 2010. the Option Period ARE AS Follows: Option Period 1 June 26, 2010 - June 25, 2011 Option Period 2 June 26, 2011 - June 25, 2012 Option Period 3 June 26, 2012 - June 25, 2013 the Payment Amounts ARE AS Follows: Base Period (included in Base Award): $6,000,000.00 Option Period 1: $9,541,140.10 Option Period 2: $9,541,140.10 Option Period 3: $9,541,140.10 Total Contract Value (IF ALL Options ARE Exercised): $34,623,420.30 FAR 52.232-18, Availability of Funds, IS Incorporated Into This Order With Respect to Option Periods 1, 2 and 3 AS Follows: FAR 52.232-18, Availability of Funds (APR 1984) Funds ARE NOT Presently Available for This Contract. the Government's Obligation Under This Contract IS Contingent Upon the Availability of Appropriated Funds From Which Payment for Contract Purposes CAN BE Made. NO Legal Liability on the Part of the Government for ANY Payment MAY Arise Until Funds ARE Made Available to the Contracting Officer for This Contract and Until the Contractor Receives Notice of Such Availability, to BE Confirmed in Writing by the Contracting Officer. (END of Clause) Invoices Shall BE Submitted to the Contracting Officer's Representative (COR), MR. JOE Erwin, WHO CAN BE Reached AT (703)605-4574 or VIA Email AT Jerwin@fs.fed.us. Upon Verification of Services, the COR Will Forward Accepted Invoices for Payment Processing to the Contracting Office. Invoice Payment Issues Shall BE Addressed to MS. Janis Satterwhite AT (505)842-3151 or VIA Email AT Jsatterwhite@fs.fed.us

Contract Overview

Contract Amount: $35,062,766 ($35.1M)

Contractor: Dell Marketing L.P.

Awarding Agency: Department of Agriculture

Start Date: 2009-06-26

End Date: 2014-06-25

Contract Duration: 1,825 days

Daily Burn Rate: $19.2K/day

Official Description: MICROSOFT ENTERPRISE PERPETUAL LICENSE 3-YEAR INSTALLMENT PURCHASE PLAN IN ACCORDANCE WITH THE ATTACHED QUOTE # FSEARAD60509-R01 AND UNDER THE GSA CONTRACT GS-35F-4027D AS SUPPLEMENTED BY THE TERMS AND CONDITIONS OF USDA BPA AG-3142-B-09-0010. THE ATTACHED SUPPLEMENTAL TERMS AND CONDITIONS OF THE INSTALLMENT PURCHASE PLAN FOR PERPETUAL LICENSE AND SOFTWARE ASSURANCE ARE ALSO INCORPORATED INTO THIS ORDER. DUE TO SYSTEM LIMITATIONS THIS AWARD REPLACES AG-7604-D-09-0274. THIS AWARD IS CREATED WITH A DIFFERENT VENDOR CODE TO ALLOW FOR NOTICE OF ASSIGNMENT. FAR 52.217-9, OPTION TO EXTEND THE TERM OFTHE CONTRACT, IS HEREBY INCORPORATED ASFOLLOWS: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (A) THE GOVERNMENT MAY EXTEND THE TERM OF THIS CONTRACT BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN 30 DAYS OF THE END OF THE PERFORMANCE PERIOD; PROVIDED THAT THE GOVERNMENT GIVES THE CONTRACTOR A PRELIMINARY WRITTEN NOTICE OF ITS INTENT TO EXTEND AT LEAST 60 DAYS BEFORE THE CONTRACT EXPIRES. THE PRELIMINARY NOTICE DOES NOT COMMIT THE GOVERNMENT TO AN EXTENSION. (B) IF THE GOVERNMENT EXERCISES THIS OPTION, THE EXTENDED CONTRACT SHALL BE CONSIDERED TO INCLUDE THIS OPTION CLAUSE. (C) THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS UNDER THIS CLAUSE, SHALL NOT EXCEED 4 YEARS. (END OF CLAUSE) THE BASE PERIOD FOR THIS DELIVERY ORDER IS JUNE 26, 2009 THROUGH JUNE 25, 2010. THE OPTION PERIOD ARE AS FOLLOWS: OPTION PERIOD 1 JUNE 26, 2010 - JUNE 25, 2011 OPTION PERIOD 2 JUNE 26, 2011 - JUNE 25, 2012 OPTION PERIOD 3 JUNE 26, 2012 - JUNE 25, 2013 THE PAYMENT AMOUNTS ARE AS FOLLOWS: BASE PERIOD (INCLUDED IN BASE AWARD): $6,000,000.00 OPTION PERIOD 1: $9,541,140.10 OPTION PERIOD 2: $9,541,140.10 OPTION PERIOD 3: $9,541,140.10 TOTAL CONTRACT VALUE (IF ALL OPTIONS ARE EXERCISED): $34,623,420.30 FAR 52.232-18, AVAILABILITY OF FUNDS, IS INCORPORATED INTO THIS ORDER WITH RESPECT TO OPTION PERIODS 1, 2 AND 3 AS FOLLOWS: FAR 52.232-18, AVAILABILITY OF FUNDS (APR 1984) FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS CONTRACT. THE GOVERNMENT'S OBLIGATION UNDER THIS CONTRACT IS CONTINGENT UPON THE AVAILABILITY OF APPROPRIATED FUNDS FROM WHICH PAYMENT FOR CONTRACT PURPOSES CAN BE MADE. NO LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR ANY PAYMENT MAY ARISE UNTIL FUNDS ARE MADE AVAILABLE TO THE CONTRACTING OFFICER FOR THIS CONTRACT AND UNTIL THE CONTRACTOR RECEIVES NOTICE OF SUCH AVAILABILITY, TO BE CONFIRMED IN WRITING BY THE CONTRACTING OFFICER. (END OF CLAUSE) INVOICES SHALL BE SUBMITTED TO THE CONTRACTING OFFICER'S REPRESENTATIVE (COR), MR. JOE ERWIN, WHO CAN BE REACHED AT (703)605-4574 OR VIA EMAIL AT JERWIN@FS.FED.US. UPON VERIFICATION OF SERVICES, THE COR WILL FORWARD ACCEPTED INVOICES FOR PAYMENT PROCESSING TO THE CONTRACTING OFFICE. INVOICE PAYMENT ISSUES SHALL BE ADDRESSED TO MS. JANIS SATTERWHITE AT (505)842-3151 OR VIA EMAIL AT JSATTERWHITE@FS.FED.US.

Place of Performance

Location: Texas, 78682

State: Texas Government Spending

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