State of Delaware Participating Addendum
AGREEMENT COVER PAGE
PARTICIPATING ADDENDUM NUMBER DTI240024
COOPERATIVE CONTRACT NUMBER 23011 BETWEEN
STATE OF DELAWARE
AND
HP, Inc.
COMPUTER EQUIPMENT, PERIPHERALS & RELATED SERVICES
Department Primary Contact: Amy Miller, IT Procurement
Officer
Service Owner: Jordan Schulties, Chief of
Administration
Section: Office of Administration
Contractor Primary Contact: Debra Lee
Contractor Executive Contact: Debra Lee
Participating Addendum DTI240024 1
PARTICIPATING ADDENDUM NUMBER DTI240024
COOPERATIVE CONTRACT NUMBER 23011
for
COMPUTER EQUIPMENT, PERIPHERALS & RELATED SERVICES
Between
The State of Delaware
And
HP, Inc.
1. SCOPE
a. This Participating Addendum is made between the State of Delaware,
Department of Technology and Information (DTI) and HP, Inc. (Vendor), to
establish Computer Equipment (Desktops, Laptops, Tablets, Servers, and
Storage, including related Peripherals & Services).
b. Under Delaware Code, Title 29 §6933 and §6987, The State of Delaware is
authorized to participate in, sponsor, conduct or administer a cooperative
purchasing agreement for the procurement of materiel or nonprofessional
services, or professional services with one or more public procurement units
either within the State or within another state in accordance with an
agreement entered into between the participants.
c. The requirements herein are in addition to those in the executed NASPO
ValuePoint Master Agreement Number 23011 (“Master Agreement”) and
shall continue through June 30, 2025. At the sole discretion of DTI, this
Participating Addendum may further be extended to include any extensions
as agreed to, by and between NASPO ValuePoint and the Contractor.
2. CHANGES
a. Mandatory Insurance Requirements (29 Del. C. § 6929)
Contractor must obtain at its own cost and expense and keep in force and effect
during the term of this Participating Addendum, including all extensions, the
minimum coverage limits specified below with a carrier satisfactory to the
State. Contractor must carry the following coverage depending on the type of
service or product being delivered.
i. Worker’s Compensation and Employer’s Liability Insurance in
accordance with applicable law.
ii. Commercial General Liability - $1,000,000 per
occurrence/$3,000,000 per aggregate.
Participating Addendum DTI240024 2
iii. Automotive Liability Insurance covering all automotive units used in
the work (including all units leased from and/or provided by the
State to Contractor pursuant to this Participating Addendum as well
as all units used by Contractor, regardless of the identity of the
registered owner, used by Contractor for completing the Work
required by this Participating Addendum to include but not limited to
transporting Delaware clients or staff), providing coverage on a
primary non-contributory basis with limits of not less than:
iv. $1,000,000 combined single limit each accident, for bodily injury;
and
v. $250,000 for property damage to others.
The Contractor must carry at least one of the following depending on the
scope of work being performed.
i. Medical/Professional Liability - $1,000,000 per
occurrence/$3,000,000 per aggregate
ii. Miscellaneous Errors and Omissions - $1,000,000 per
occurrence/$3,000,000 per aggregate
iii. Product Liability - $1,000,000 per occurrence/$3,000,000 aggregate
Should any of the above-described policies be cancelled before expiration
date thereof, notice will be delivered in accordance with the policy provisions.
Before any work is done pursuant to this Participating Addendum, the
Certificate of Insurance, referencing the contract number stated herein, shall
be filed with the State. The certificate holder is as follows:
Department of Technology and Information
Participating Addendum Number: DTI240024-COMPUTER
801 Silver Lake Blvd
Dover, DE 19904
Nothing contained herein shall restrict or limit the Contractor’s right to
procure insurance coverage in amounts higher than those required by this
Participating Addendum. To the extent that the Contractor procures
insurance coverage in amounts higher than the amounts required by this
Participating Addendum, all said additionally procured coverages will be
applicable to any loss or claim and shall replace the insurance obligations
contained herein.
To the extent that Contractor has complied with the terms of this Participating
Addendum and has procured insurance coverage for all vehicles Leased
and/or operated by Contractor as part of this Participating Addendum, the
State of Delaware’s self-insured insurance program shall not provide any
Participating Addendum DTI240024 3
coverage whether coverage is sought as primary, co-primary, excess or
umbrella insurer or coverage for any loss of any nature.
In no event shall the State of Delaware be named as an additional insured
on any policy required under this Participating Addendum.
Should any of the above-described policies be cancelled before the expiration
date thereof, notice will be delivered in accordance with the policy provisions.
b. Electronic Catalog
At the discretion of DTI, the Contractor may be required to submit its items
list in an electronic format designated by the State.
By example, but not limited to, the following items may be required:
• Electronic catalogs via Punchout Catalog,
• Items designated by commodity/classification code: United
Nations Standard Products and Services Code (UNSPSC), and/or
• A unique item ID for all items (limit 6 characters) in your system
and/or our award.
c. Intent to Load Catalogs in State eProcurement Solution
After discovery by the parties on the new eProcurement solution, Contractor
shall provide catalog(s) and the corresponding price list(s) for all goods that
are being offered to the State for purchase and shall include all applicable
and price tiers available for each product in the pricing format required of
this of this solicitation. These documents may be required and supplied by
the Contractor in an electronic format as determined by the State over the
life of this Participating Addendum. The prices listed therein will be the prices
paid by the State for purchases during this Participating Addendum term.
At the discretion of the State, all items will need to be provided in an
electronic format for use in a hosted catalog offering which will be presented
in the State’s eProcurement solution. All single items listed must reflect one
price, at the discounted rate as offered by the Contractor in their proposal
and as accepted by the State. Volume discounts offered for multiple units or
multi-unit packaging shall be listed as a separate line item(s) in any catalog
submitted for posting to the State’s eProcurement solution.
Contractor shall supply the catalog file to an identified state representative
and/or the State’s designated eProcurement vendor.
In addition, a catalog without pricing shall be submitted to the eProcurement
solution vendor no later than thirty (30) days prior to the end of this
Participating Addendum term and shall be the final catalog update provided
under this Participating Addendum. The State will approve this catalog, after
Participating Addendum DTI240024 4
this Participating Addendum end date, to remove all items and pricing from
the eProcurement Solution. The catalog serves as a correcting entry to
maintain system integrity of valid items. The failure by the Contractor to
comply and submit this correcting entry will be viewed as a major
performance deficiency.
At any time during this Participating Addendum term, (1) the Contractor shall
remove individual or categories of items from the catalog offering if requested
by the State; (2) consider expanding the catalog offering with additional
items or categories if requested and accepted by the State; and/or (3) the
State may take unilateral action on the items listed in the eProcurement
solution to hide or otherwise make unauthorized any items the State believes
is outside the scope of the categories.
The failure and/or inability to comply with this hosted catalog requirement
may subject the Contractor to corrective action, up to and possibly including
termination of this Participating Addendum.
A hosted catalog is defined as a Contractor supplied electronic catalog of all
items, including item descriptions, attributes, and the prices, which will be
stored and publicly visible in the State’s eProcurement solution. At the sole
discretion of the State, DTI will implement and use of a punchout catalog
solution in lieu of the hosted catalog option. A punchout catalog uses the
eProcurement system to access to the Contractor’s electronic catalog. Users
can then shop, select, and retrieve items back into the eProcurement system,
allowing the original to execute an order.
d. Severability
If any term or provision of this Participating Addendum is found by a court of
competent jurisdiction to be invalid, illegal or otherwise unenforceable, the
same shall not affect the other terms or provisions hereof or the whole of this
Participating Addendum, but such term or provision shall be deemed modified
to the extent necessary in the court's opinion to render such term or provision
enforceable, and the rights and obligations of the parties shall be construed
and enforced accordingly, preserving to the fullest permissible extent the
intent and agreements of the parties herein set forth.
e. Permits and Licenses
All necessary permits, licenses, insurance policies, etc. required by local,
State or Federal laws, shall be provided by the Contractor at its own expense.
Participating Addendum DTI240024 5
f. State Of Delaware Business License
Prior to commence performance under this agreement, Contractor and all
subcontractors represent that they are properly licensed and authorized to
transact business in the State of Delaware as provided in 30 Del. C. § 2502.
g. Emergency Termination of Participating Addendum
i. Due to restrictions which may be established by the United States
Government on material, or work, this Participating Addendum may
be terminated by the cancellation of all or portions of this Participating
Addendum.
ii. In the event the Contractor is unable to obtain the material required
to complete the items of work included in this Participating Addendum
or related Purchase Order(s) because of restrictions established by
the United States Government and if, in the opinion of the Agency, it
is impractical to substitute other available material, or the work
cannot be completed within a reasonable time, the incomplete
portions of the work may be cancelled, or this Participating Addendum
and/or related Purchase Order(s) may be terminated.
iii. Notwithstanding the foregoing, the Agency shall pay HP for products
and services delivered through the date of termination or
cancellation.
h. Indemnification
i. General Indemnification
The Contractor will indemnify and otherwise hold harmless the State of
Delaware, its agents, and employees from any and all third party
claims resulting in liability, suits, actions, together with all costs,
expenses for attorney’s fees, arising out of the Contractor’s, its agents,
and employees’ performance of work or services in connection with this
Participating Addendum provided that Customer promptly notifies HP of
any claim giving rise to losses under this indemnity and cooperates with
HP in the defense of such claim(s).
ii. Proprietary Rights Indemnification
A. Contractor shall warrant that all elements of its solution,
including all equipment, software, documentation, services, and
deliverables, do not and will not infringe upon or violate any
patent, copyright, trade secret or other proprietary rights of any
third party. The Contractor shall provide for the use of any
patented design, device, material, or process to be used or
furnished under this Participating Addendum by suitable legal
agreement with the patentee or owner and if requested, shall
Participating Addendum DTI240024 6
provide representation that they have properly contracted with
others. In the event of any claim, suit or action by any third
party against the State of Delaware, the State of Delaware shall
promptly notify the Contractor in writing, and Contractor shall
defend such claim, suit or action at Contractor’s expense, and
Contractor shall indemnify, hold, and save harmless the State
of Delaware, the Agency, the Director, their Officers, or Agents
against any loss, cost, damage, expense or liability arising out
of such claim, suit or action (including, without limitation,
litigation costs, lost employee time, and counsel fees) whether
or not such claim, suit or action is successful.
B. Subject to Section 34 (b)(2) of the Master Agreement, if any
equipment, software, services (including methods) products or
other intellectual property used or furnished by the Contractor
(collectively “Products”) is or in Contractor’s reasonable
judgment is likely to be, held to constitute an infringing product,
Contractor shall at its expense and option either:
1. Procure the right for the State of Delaware to continue using
the Product(s); Replace the product with a non-infringing
equivalent that satisfies all the requirements of this
Participating Addendum; or
2. Modify the Product(s) to make it or them non-infringing,
provided that the modification does not materially alter the
functionality or efficacy of the product or cause the
Product(s) or any part of the work to fail to conform to the
requirements of this Participating Addendum, or only alters
the Product(s) to a degree that the State of Delaware agrees
to and accepts in writing.
i. Non-Performance
In the event the Contractor does not fulfill its obligations under the terms
and conditions of this Participating Addendum, in addition to proceeding with
termination of this Participating Addendum, the ordering agency may
purchase equivalent product on the open market. Any difference in cost
between the contract prices herein and the price of open market product shall
be the responsibility of the Contractor. Under no circumstances shall monies
be due the Contractor in the event open market products can be obtained
below contract price. Any monies charged to the Contractor may be deducted
from an open invoice.
Participating Addendum DTI240024 7
j. RESERVED
k. Reports
A. One of the primary goals in administering this Participating
Addendum is to keep accurate records regarding its actual
value/usage. This information is essential in order to update the
contents of this Participating Addendum and to establish proper
bonding levels, if they are required. The integrity of future
contracts revolves around our ability to convey accurate and
realistic information to all interested parties.
B. A complete and accurate Usage Report (Attachment A) shall be
submitted electronically, no later than the 30th (or next
business day after the 30th day) of each quarter (i.e., report
due on January 30th will cover the period of October 1 -
December 31), detailing the purchasing of all items and/or
services on this Participating Addendum. The reports shall be
completed in Excel format, using the template provided, and
emailed as an attachment to
DTI_vendorservices@delaware.gov. Reports shall contain
accurate descriptions of the products, goods or services
procured, purchasing agency information, quantities procured,
and prices paid. Reports are required quarterly including those
with “no spend”. Any exception to this mandatory requirement
or failure to submit complete reports, or in the format required,
may result in corrective action, up to and including the possible
cancellation of this Participating Addendum. Failure to provide
the report with the minimum required information may also
negate any extension clauses of this Participating Addendum.
Additionally, if the Contractor is determined to be in default of
this mandatory report requirement may have such conduct
considered against them, in assessment of responsibility, in the
evaluation of future proposals.
C. In accordance with Executive Order 49, the State of Delaware
is committed to supporting its diverse business industry and
population. The Contractor will be required to accurately report
on the participation by Diversity Suppliers which includes
minority (MBE), woman (WBE), veteran owned business
(VOBE), or service-disabled veteran owned business (SDVOBE)
under this Participating Addendum. The reported data elements
shall include but not be limited to; name of state
contract/project, the name of the Diversity Supplier, Diversity
mailto:DTI_vendorservices@delaware.gov
Participating Addendum DTI240024 8
Supplier contact information (phone, email), type of product or
service provided by the Diversity Supplier and any minority,
women, veteran, or service-disabled veteran certifications for
the subcontractor (State OSD certification, Minority Supplier
Development Council, Women’s Business Enterprise Council,
VetBiz.gov). The format used for Subcontracting 2nd Tier
reporting is shown as Attachment B.
Accurate 2nd Tier reports shall be submitted to the contracting
Agency’s Office of Supplier Diversity at
DTI_vendorservices@delaware.gov or the 30th (or next
business day) of the month following each quarterly period. For
consistency quarters shall be considered to end the last day of
March, June, September, and December of each calendar year.
Contract spend during the covered periods shall result in a
report even if this Participating Addendum has expired by the
report due date.
Information on the Delaware Division of Small Business can be
found in Attachment C of this agreement.
l. Delaware Economic Impact
Contractor shall provide an annual report of the economic impact of their
operations in Delaware. This report shall be submitted by February 15th of
each calendar year and shall report on the immediately prior one full calendar
year of operations.
The following basic information is required under this Participating
Addendum:
i. Number of Delaware Locations
ii. Number of Delaware Employees
iii. Annual Taxes, licenses & Fees Paid to Delaware
A. This may be payroll, franchise, service taxes, etc.
iv. Major Delaware Investments/ Partnerships
A. Amount paid to Major partners or Suppliers in Delaware
B. Highlight of Delaware MWBE, Veteran, Small Business (SBA
criteria) and Disabled Veteran partnerships/ supply chain
C. Rent to Delaware Locations or value of Delaware real property
D. Utility Expenses paid to Delaware utilities
The report shall be submitted to DTI_vendorservices@delaware.gov.
mailto:DTI_vendorservices@delaware.gov mailto:DTI_vendorservices@delaware.gov
Participating Addendum DTI240024 9
m. Independent Contractors
The Contractor is an independent contractor to one another, and nothing herein
shall be deemed to cause this Participating Addendum to create an agency,
partnership, joint venture, or employment relationship between parties. Each
party shall be responsible for compliance with all applicable workers
compensation, unemployment, disability insurance, social security withholding
and all other similar matters. Neither party shall be liable for any debts,
accounts, obligations, or other liability whatsoever of the other party or any
other obligation of the other party to pay on the behalf of its employees or to
withhold from any compensation paid to such employees any social benefits,
workers compensation insurance premiums or any income or other similar
taxes.
n. Work Performed in a State Building
Awarded Vendor(s) who have any employees carrying out any work related
to the awarded contract at a State facility shall have those employees comply
with any health mandate or policy issued by the State related to a pandemic
or other State of Emergency issued by any State authority during the term
of the awarded contract, including those that apply directly to State
employees.
o. Fair Background Check Practices
Pursuant to 29 Del. C. § 6909B, the State does not consider the criminal record,
criminal history, credit history or credit score of an applicant for state
employment during the initial application process unless otherwise required by
state and/or federal law. Contractors doing business with the State are
encouraged to adopt fair background check practices. Contractors can refer to
19 Del. C. § 711(g) for applicable established provisions.
p. Contractor Background Check Requirements
i. If Contractor has access to state property or will come in contact with
vulnerable populations, including children and youth, they shall
complete background checks on employees serving the State’s on
premises contracts. Unless otherwise directed, at a minimum, this
shall include a check of the Delaware Sex Offender Central Registry
at: https://sexoffender.dsp.delaware.gov/
ii. Individuals that are listed in the registry shall be prevented from
direct contact in the service of this Participating Addendum but may
provide support or off-site premises service for contract contractors.
Should an individual be identified, and the Contractor believes its
employee’s service does not represent a conflict with this
https://sexoffender.dsp.delaware.gov/
Participating Addendum DTI240024 10
requirement, may apply for a waiver to the primary agency listed in
the solicitation. The Agency’s decision to allow or deny access to any
individual identified on a registry database is final and at the Agency’s
sole discretion.
iii. By Agency request, the Contractor shall provide a list of all employees
serving this Participating Addendum and certify adherence to the
background check requirement. Individual(s) found in the central
registry in violation of the terms stated, shall be immediately
prevented from a return to state property in service of this
Participating Addendum. A violation of this condition represents a
violation of the terms and conditions of this Participating Addendum,
and may subject the Contractor to penalty, including cancellation for
cause of this Participating Addendum.
iv. Individual Purchase Orders may require additional background checks
and/or security clearance(s), depending on the nature of the services
to be provided or locations accessed, but any other requirements shall
be stated in the contract scope of work or be a matter of common
law. The Contractor shall be responsible for the background check
requirements of any authorized Subcontractor providing service to an
agency pursuant to this Participating Addendum.
q. Subcontractors
i. For the purposes of this Participating Addendum, Subcontractors are
classified as follows:
A. “Authorized Reseller” and/or “Local Dealer”
1. Authorized Reseller/Local Dealer may provide quotes,
accept purchase orders, fulfill purchase orders, perform
maintenance/warranty services, and accept payment from
ordering agencies for products and associated services
offered under this Participating Addendum.
2. Authorized Reseller/Local Dealer is responsible for
retaining a copy of all purchase orders and invoices for the
Contractor for compliance with quarterly usage reporting
and administrative requirements.
3. All purchase documents to Authorized Reseller/Local
Dealer shall reference this Participating Addendum
Number and the Contractor.
ii. Subcontracting is permitted under this Participating Addendum.
However, every subcontractor, authorized representative or reseller
shall be identified (Attachment D) and agreed to in writing by the
State or as are specifically authorized in writing by the Agency during
Participating Addendum DTI240024 11
the performance of this Participating Addendum. Any substitutions in
or additions to such subcontractors, associates, or consultants will be
subject to the prior written approval of the State.
iii. The Contractor shall be responsible for compliance by the
subcontractor or reseller with all terms, conditions and requirements
of the Master Agreement and this Participating Addendum and with
all local, State, and Federal Laws. The Contractor shall be liable for
any noncompliance by any subcontractor or reseller. Further, nothing
contained herein or in any subcontractor agreement shall be
construed as creating any contractual relationship between the
subcontractor and the State.
iv. All subcontractors, dealers, distributors, resellers, and other partners
identified on Contractor’s NASPO ValuePoint webpage as authorized
to provide Products and Services to Participating Entity may provide
Products and Services to users of this Participating Addendum.
Contractor will ensure that the participation of Contractor’s
subcontractors, dealers, distributors, resellers, and other partners is
in accordance with the terms and conditions set forth in the Master
Agreement and in this Participating Addendum.
v. Services specified by this Agreement shall not be subcontracted by
the Contractor without prior written approval of the Department.
vi. Department approved subcontractors for this agreement are listed in
Appendix A. Approved subcontractors may be added to or removed
from this Agreement upon written approval from the Department as
indicated in Appendix A.
vii. Contractor shall be responsible for successful performance and
compliance with all requirements in accordance with the terms and
conditions under this Participating Addendum, even if work is
performed by Servicing Subcontractors.
viii. Contractor will be the sole point of contact with regard to Participating
Addendum contractual matters, reporting, and administrative
requirements.
ix. Proposed Subcontractors, as well as the Contractor, must complete
the registration process at http://esupplier.erp.delaware.gov.
x. State-approved Subcontractors will be posted on the State’s
Contracting website.
r. Ordering Procedure
Contractor is required to have either a local telephone number within the
(302) area code, a toll free (800) number, or agree to accept collect calls.
Depending on the nature and scope of the event, each State agency or other
http://esupplier.erp.delaware.gov/ http://mymarketplace.delaware.gov/ http://mymarketplace.delaware.gov/
Participating Addendum DTI240024 12
governmental entity shall be responsible for contacting the Contractor
directly for all required resources. All consumables delivered by the
Contractor and received by a state agency or other governmental entity,
become the property of that State agency or entity. Orders may be
accomplished by written purchase order, telephone, fax, or computer on-line
systems. All Purchase Orders must include the State’s contract number.
s. Quote Requirements
i. Reseller/Contractor is required to respond to quote requests in a
reasonable timeframe not exceeding five (5) business days unless
previously negotiated with requestor.
ii. Reseller/Contractor must honor and guarantee all quotes for thirty
(30) calendar days.
iii. Reseller/Contractor quotes must contain:
o Description - Full description of item
o Quantity – Item quantity requested
o Unit Price – Quoted cost per item
o Extended Price – Cost quoted for total quantity of items
t. Billing
i. The Contractor is required to "Bill as Shipped" to the respective
ordering agency(s). Ordering agencies shall provide contract number,
ship to and bill to address, contact name and phone number. Per Del.
C. § 6516 (d)(4), the Contractor shall not charge a late fee that
exceeds more than one percent (1%) per month, not to exceed twelve
percent (12%) per annum.
ii. Agencies will make every effort to achieve available discount
opportunities under this Participating Addendum. Contractors shall be
required to report opportunities as available to enhance the discounts
achieved.
u. Method of Payment
i. For each P.O. issued as part of this Participating Addendum, the State
will pay Contractor, within thirty (30) days of receipt of the
Contractor's invoice, the amount which is legitimately earned by the
Contractor, and supported by the purchase order and quote itemized
product and/or services purchased under the contract. Final
settlement for payment to the Contractor will be made within thirty
(30) days from the date of invoice after State acceptance of the work
and services.
Participating Addendum DTI240024 13
ii. No premium time for overtime will be paid without prior written State
authorization. Indirect overhead cost shall not be applied to the
premium portion of the overtime.
iii. Participating Entities using this Participating Addendum will authorize
and process for payment each invoice within thirty (30) days after the
date of receipt of a correct invoice. The State of Delaware intends to
maximize the use of the P-Card for payment for goods and services
provided under this Participating Addendum. P-Cards may be used
at time of purchase only and may not be used to pay open or unpaid
invoices. Contractors shall not charge additional fees for acceptance
of this payment method and shall incorporate any costs into their
proposals. Additionally, there shall be no minimum or maximum limits
on any P-Card transaction under this Participating Addendum. While
it is the State’s intention to utilize the P-card payment method the
State reserves, at its discretion, the right to pay by ACH/ACI or check.
Should the Contractor wish to provide a financial incentive to not
process payment by P-Card, they are to prepare a proposal to clearly
outline any incentives for alternative payment methods the
Contractor is willing to accept.
v. Formal Contract And/or Purchase Order
No employee of the Contractor is to begin any work prior to receipt of a State
of Delaware Purchase Order signed by authorized representatives of the
agency requesting service, properly processed through the State of Delaware
Accounting Office.
Other than the Master Agreement, together with its exhibits and this
Participating Addendum, no other terms and conditions shall apply, including
terms listed or referenced on the Contract Vendor's website, in the Contract
Vendor quotation/sales order or in similar documents subsequently provided
by the Contract Vendor.
w. Minimum Wage Rates
Work performed under this solicitation may fall under the State of Delaware
Minimum Wage Rates or the Delaware Prevailing Wage rates. Prior to issuing
a purchase order, the ordering agencies must obtain from the Department of
Labor a determination if prevailing wage applies to the project and, if
appropriate, what the applicable prevailing wage rates would be for the work
to be performed. No work shall proceed without a determination by the
Department of Labor. Request for prevailing wage certification can be found
at: http://dia.delawareworks.com/labor-law/prevailing-wage.php
http://dia.delawareworks.com/labor-law/minimum-wage.php http://dia.delawareworks.com/labor-law/minimum-wage.php http://dia.delawareworks.com/labor-law/prevailing-wage.php
Participating Addendum DTI240024 14
x. Dispute Resolution
i. At the option of the parties, they shall attempt in good faith to resolve
any dispute arising out of or relating to this Participating Addendum
promptly by negotiation between executives who have authority to
settle the controversy and who are at a higher level of management
than the persons with direct responsibility for administration of this
Participating Addendum. All offers, promises, conduct and
statements, whether oral or written, made in the course of the
negotiation by any of the parties, their agents, employees, experts
and attorneys are confidential, privileged and inadmissible for any
purpose, including impeachment, in arbitration or other proceeding
involving the parties, provided evidence that is otherwise admissible
or discoverable shall not be rendered inadmissible.
ii. If the matter is not resolved by negotiation, as outlined above, or,
alternatively, the parties elect to proceed directly to mediation, then
the matter will proceed to mediation as set forth below. Any disputes,
claims or controversies arising out of or relating to this Agreement
shall be submitted to a mediator selected by the parties. If the matter
is not resolved through mediation, it may be submitted for arbitration
or litigation. Any such proceedings held pursuant to this provision
shall be governed by State of Delaware law, and jurisdiction and
venue shall be in the State of Delaware. Each party shall bear its own
costs of mediation, arbitration, or litigation, including attorneys’ fees.
y. Remedies
Except as otherwise provided in this solicitation, including but not limited to
Section x. (Dispute Resolution) above, all claims, counterclaims, disputes,
and other matters in question between the State of Delaware and the
Contractor arising out of, or relating to, this solicitation, or a breach of it may
be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State of Delaware.
z. Termination of Individual Orders or Purchase Orders
As a central contract, this Participating Addendum shall include individual
orders from state agencies and other entities authorized by law to procure
from this Participating Addendum. The individual orders may be terminated
as follows:
i. Termination for Cause
If, for any reasons, or through any cause, the Contractor fails to fulfill
in timely and proper manner his obligations, or if the Contractor
violates any of the covenants, agreements, or stipulations of this
Participating Addendum DTI240024 15
Participating Addendum, the Agency shall have the right to terminate
the P.O. by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least five (5) days before
the effective date of such termination.
ii. Termination for Convenience
The Agency may terminate the P.O. at any time by giving written notice
of such termination and specifying the effective date thereof, at least
sixty (60) days before the effective date of such termination.
iii. Termination for Non-Appropriation
In the event the General Assembly fails to appropriate the specific
funds necessary to enter into or continue the Purchase Order, in whole
or part, the Purchase Order shall be terminated as to any obligation
of the State requiring the expenditure of money for which no specific
appropriation is available at the end of the last fiscal year for which
no appropriation is available or upon the exhaustion of funds. This is
not a termination for convenience and will not be converted to such.
iv. Notwithstanding the foregoing, the Agency shall pay HP for products
and services delivered through the date of termination for any reason.
aa. Termination of Participating Addendum
As a central contract, this Participating Addendum may be terminated as
follows by DTI.
i. Termination for Cause
If, for any reasons, or through any cause, the Contractor fails to fulfill
in timely and proper manner its obligations under this Participating
Addendum, or if the Contractor violates any of the covenants,
agreements, or stipulations of this Participating Addendum, the State
shall thereupon have the right to terminate this Participating Addendum
by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination.
On receipt of this Participating Addendum cancellation notice from the
State, the Contractor shall have not less than five (5) days to provide
a written response and may identify a method(s) to resolve the
violation(s). The Contractor’s response shall not affect or prevent this
Participating Addendum cancellation unless the State provides a written
acceptance of the Contractor’s response. If the State does accept the
Contractor’s method and/or action plan to correct the identified
deficiencies, the State will define the time by which the Contractor must
fulfill its corrective obligations. Final retraction of the State’s
termination for cause will only occur after the Contractor successfully
Participating Addendum DTI240024 16
rectifies the original violation(s). At its discretion the State may reject
in writing the Contractor’s proposed action plan and proceed with the
original Participating Addendum cancellation timeline.
ii. Termination for Convenience
The State may terminate this Participating Addendum at any time by
giving written notice of such termination and specifying the effective
date thereof, at least sixty (60) days before the effective date of such
termination.
iii. Termination for Non-Appropriations
In the event the General Assembly fails to appropriate the specific funds
necessary to enter into or continue this Participating Addendum, in
whole or part, this Participating Addendum shall be terminated as to
any obligation of the State requiring the expenditure of money for which
no specific appropriation is available at the end of the last fiscal year
for which no appropriation is available or upon the exhaustion of funds.
This is not a termination for convenience and will not be converted to
such.
iv. Termination Upon Insolvency
The State may, at its option and without notice, terminate this
Agreement, effective immediately, should Contractor: (1) admit in
writing its inability to pay its debts generally as they become due; (2)
make a general assignment for the benefit of creditors; (3) institute
proceedings to be adjudicated a voluntary bankrupt, or consent to the
filing of a petition of bankruptcy against it; (4) be adjudicated by a court
of competent jurisdiction as being bankrupt or insolvent; (5) seek
reorganization under any bankruptcy act, or consent to the filing of a
petition seeking such reorganization; or (6) have a decree entered
against it by a court of competent jurisdiction appointing a receiver,
liquidator, trustee, or assignee in bankruptcy or in insolvency covering
all or substantially all of such party's property or providing for the
liquidation of such party's property or business affairs.
v. Notwithstanding the foregoing, the Agency shall pay HP for products
and services delivered through the date of termination for any
reason.
bb. Publication, Reproduction, and Use of Material
The State shall have exclusive ownership of any media on which reports or
material produced in whole or part under this Participating Addendum are
submitted and shall have a perpetual, irrevocable, non-exclusive, royalty
free, and transferable right to display, modify, copy, and other wise use such
reports, data, and materials provided under this Participating Addendum.
Any materials produced in whole or part under this Participating Addendum
Participating Addendum DTI240024 17
shall be subject to the terms applicable to intellectual property and
confidentiality provisions of the Master Agreement. The State specifically
agrees not to use any design or engineering plans prepared by the Contractor
for anything other than their intended purpose under this Participating
Addendum. The Contractor shall have the right to publish any and all
scientific findings. Appropriate acknowledgment and credit for the State’s
support, if applicable, shall be given in the publication.
cc. Rights and Obligations
The rights and obligations of each party to this Participating Addendum shall
not be effective, and no party shall be bound by the term of this Participating
Addendum, unless and until a valid executed purchase order has been
approved by the State of Delaware Secretary of Finance, and all reasonable
procedures of the State of Delaware Department of Finance have been
complied with. A separate purchase order shall be issued for every project or
order.
dd. Assignment of Antitrust Claims
The Contractor hereby grants, conveys, sells, assigns, and transfers to the
State of Delaware all of its right, title and interest in and to all known or
unknown causes of action it presently has or may now or hereafter acquire
under the antitrust laws of the United States and the State of Delaware,
regarding the specific goods or services purchased or acquired for the State
pursuant to this Participating Addendum.
ee. Audit Access to Records
The Contractor shall maintain books, records, documents, and other evidence
pertaining to this Participating Addendum to the extent and in such detail as
shall adequately reflect performance hereunder. The Contractor agrees to
preserve and make available to the State, upon request, such records for a
period of five (5) years from the date services were rendered by the
Contractor. Records involving matters in litigation shall be retained for one
(1) year following the termination of such litigation. The Contractor agrees
to make such records available for inspection, audit, or reproduction to any
official State representative in the performance of their duties under this
Participating Addendum. Upon notice given to the Contractor,
representatives of the State or other duly authorized State or Federal agency
may inspect, monitor, and/or evaluate the cost and billing records or other
material relative to this Participating Addendum. The cost of any audit
disallowances resulting from the examination of the Contractor's financial
records will be borne by the Contractor. Reimbursement to the State for
disallowances shall be drawn from the Contractor's own resources and not
Participating Addendum DTI240024 18
charged to this Participating Addendum or Purchase Order cost or cost pools
indirectly charging costs.
ff. IRS 1075 Publication (If Applicable)
i. Performance
In performance of this Participating Addendum, the Contractor agrees
to comply with and assume responsibility for compliance by his or her
employees with the following requirements:
A. All work will be performed under the supervision of the
Contractor or the Contractor's responsible employees.
B. The Contractor and the Contractor’s employees with access to
or who use Federal Tax Information (FTI) must meet the
background check requirements defined in IRS Publication
1075.
C. Any Federal tax returns or Federal tax return information
(hereafter referred to as returns or return information) made
available shall be used only for the purpose of carrying out the
provisions of this Participating Addendum. Information
contained in such material shall be treated as confidential and
shall not be divulged or made known in any manner to any
person except as may be necessary in the performance of this
Participating Addendum. Inspection by or disclosure to anyone
other than an officer or employee of the Contractor is
prohibited.
D. All returns and return information will be accounted for upon
receipt and properly stored before, during, and after
processing. In addition, all related output and products will be
given the same level of protection as required for the source
material.
E. No work involving returns and return information furnished
under this Participating Addendum will be subcontracted
without prior written approval of the IRS.
F. The Contractor will maintain a list of employees authorized
access. Such list will be provided to the Agency and, upon
request, to the IRS reviewing office.
G. The Agency will have the right to void this Participating
Addendum if the Contractor fails to provide the safeguards
described above.
H. The Contractor shall comply with agency incident response
policies and procedures for reporting unauthorized disclosures
of agency data.
Participating Addendum DTI240024 19
ii. Criminal/Civil Sanctions
Each officer or employee of any person to whom returns or return
information is or may be disclosed shall be notified in writing by such
person that returns or return information disclosed to such officer or
employee can be used only for a purpose and to the extent authorized
herein, and that further disclosure of any such returns or return
information for a purpose or to an extent unauthorized herein
constitutes a felony punishable upon conviction by a fine of as much
as $5,000 or imprisonment for as long as five years, or both, together
with the costs of prosecution. Such person shall also notify each such
officer and employee that any such unauthorized future disclosure of
returns or return information may also result in an award of civil
damages against the officer or employee in an amount not less than
$1,000 with respect to each instance of unauthorized disclosure.
These penalties are prescribed by IRCs 7213 and 7431 and set forth
at 26 CFR 301.6103(n)-1.
Each officer or employee of any person to whom returns or return
information is or may be disclosed shall be notified in writing by such
person that any return or return information made available in any
format shall be used only for the purpose of carrying out the
provisions of this Participating Addendum. Information contained in
such material shall be treated as confidential and shall not be divulged
or made known in any manner to any person except as may be
necessary in the performance of this Participating Addendum.
Inspection by or disclosure to anyone without an official need-to-know
constitutes a criminal misdemeanor punishable upon conviction by a
fine of as much as $1,000.00 or imprisonment for as long as 1 year,
or both, together with the costs of prosecution. Such person shall also
notify each such officer and employee that any such unauthorized
inspection or disclosure of returns or return information may also
result in an award of civil damages against the officer or employee
[United States for Federal employees] in an amount equal to the sum
of the greater of $1,000.00 for each act of unauthorized inspection or
disclosure with respect to which such defendant is found liable or the
sum of the actual damages sustained by the plaintiff as a result of
such unauthorized inspection or disclosure plus in the case of a willful
inspection or disclosure which is the result of gross negligence,
punitive damages, plus the costs of the action. The penalties are
prescribed by IRCs 7213A and 7431 and set forth at 26 CFR
301.6103(n)-1.
Additionally, it is incumbent upon the Contractor to inform its officers
Participating Addendum DTI240024 20
and employees of the penalties for improper disclosure imposed by
the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C.
552a(i)(1), which is made applicable to contractors by 5 U.S.C.
552a(m)(1), provides that any officer or employee of Contractor, who
by virtue of his/her employment or official position, has possession of
or access to agency records which contain individually identifiable
information, the disclosure of which is prohibited by the Privacy Act
or regulations established thereunder, and who knowing that
disclosure of the specific material is so prohibited, willfully discloses
the material in any manner to any person or agency not entitled to
receive it, shall be guilty of a misdemeanor and fined not more than
$5,000.
Granting Contractor access to FTI must be preceded by certifying that
each individual understands the agency’s security policy and
procedures for safeguarding IRS information. Contractor must
maintain its authorization to access FTI through annual recertification.
The initial certification and recertification must be documented and
placed in the agency’s files for review. As part of the certification and
at least annually afterwards, Contractor must be advised of the
provisions of IRCs 7431, 7213, and 7213A (see Exhibit 4, Sanctions
for Unauthorized Disclosure, and Exhibit 5, Civil Damages for
Unauthorized Disclosure). The training provided before the initial
certification and annually thereafter must also cover the incident
response policy and procedure for reporting unauthorized disclosures
and data breaches. (See Section 10) For both the initial certification
and the annual certification, the Contractor must sign, either with ink
or electronic signature, a confidentiality statement certifying their
understanding of the security requirements.
iii. Inspection
The IRS and the Agency, with 24-hour notice, shall have the right to
send its inspectors into the offices and plants of the contractor to
inspect facilities and operations performing any work with FTI under
this Participating Addendum for compliance with requirements
defined in IRS Publication 1075. The IRS’ right of inspection shall
include the use of manual and/or automated scanning tools to
perform compliance and vulnerability assessments of information
technology (IT) assets that access, store, process or transmit FTI. On
the basis of such inspection, corrective actions may be required in
cases where the Contractor is found to be noncompliant with contract
safeguards.
Participating Addendum DTI240024 21
gg. Contractor Emergency Response Point of Contact
The Contractor shall provide the name(s), telephone, or cell phone number(s)
of those individuals who can be contacted twenty-four (24) hours a day,
seven (7) days a week where there is a critical need for commodities or
services when the Governor of the State of Delaware declares a state of
emergency under the Delaware Emergency Operations Plan or in the event
of a local emergency or disaster where a state governmental entity requires
the services of the Contractor.
In the event of a serious emergency, pandemic, or disaster outside the
control of the State, the State may negotiate, as may be authorized by law,
emergency performance from the Contractor to address the immediate needs
of the State, even if not contemplated under the original Participating
Addendum. Payments are subject to appropriation and other payment terms.
hh. Potential Contract Overlap
Contractors shall be advised that the State, at its sole discretion, shall retain
the right to solicit for goods and/or services as required by its agencies and
as it serves the best interest of the State. As needs are identified, there may
exist instances where contract deliverables, and/or goods or services to be
solicited and subsequently awarded that overlap this Participating Addendum.
ii. Supplemental Solicitation
The State reserves the right to advertise a supplemental solicitation during
the term of this Participating Addendum if deemed in the best interest of the
State.
jj. Confidentiality and Data Integrity
DTI is responsible for safeguarding the confidentiality and integrity of data in
State computer files regardless of the source of those data or medium on
which they are stored: e.g., electronic data, computer output microfilm
(COM), tape, or disk. Computer programs developed to process State
Agency/School District data will not be modified without the knowledge and
written authorization of the Department of Technology and Information. All
data generated from the original source data, shall be the property of the
State of Delaware. The control of the disclosure of those data shall be
retained by the State of Delaware and the Department of Technology and
Information.
The Contractor is required to agree to the requirements in the Confidentiality
and Integrity of Data Statement; Attachment E attached and made a part of
this Participating Addendum. Contractor employees may be required to sign
the statement prior to beginning any work.
Participating Addendum DTI240024 22
kk. Security
i. As computer, network, and information security are of paramount
concern, the State wants to ensure that computer/network hardware
and software does not compromise the security of its IT
infrastructure. Therefore, the Contractor is guaranteeing that any
systems or software meets or exceeds the Top 20 Critical Security
controls located at http://www.sans.org/critical-security-controls/.
ii. Contractor must provide clear notice to DTI before making any
material changes to the Contractor’s privacy policy.
ll. Tax Exemption
i. In accordance with the Internal Revenue Service regulations, the
State of Delaware is generally exempt from federal excise tax for
communications, certain fuels, sales by manufacturers, and the tax
on heavy trucks, trailers, and tractors. More detail is included in IRS
Publication 510 Excise Taxes located at
https://www.irs.gov/publications/p510. Per IRS regulations, all
exemption certificates must be specific to the vendor and the type of
excise tax. If an exemption certificate is requested by a vendor, the
Division of Accounting will work with the agency and vendor to
complete the appropriate certificate. Such taxes shall not be included
in prices quoted. Such taxes shall not be included in prices quoted.
ii. Any material which is to be incorporated in the work or any equipment
required for the work contemplated in the proposal may be consigned
to the Agency. If the shipping papers show clearly that any such
material is so consigned, the shipment will be exempt from the tax
on the transportation of property under provisions of Section 3475
(b) of the Internal Revenue Code, as amended by Public Law 180
(78th Congress). All transportation charges shall be paid by the
Contractor.
mm. Equality of Employment Opportunity
During the performance of any contract financed in whole or in part by
appropriation of the State of Delaware, the Contractor agrees as follows:
i. The Contractor, as set forth in Title 19 Delaware Code Chapter 7 section
711, will not discriminate against any employee or applicant for
employment with respect to compensation, terms, conditions, or
privileges of employment because of such individual's race, marital
status, genetic information, color, age, religion, sex, sexual
orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed and that
http://www.sans.org/critical-security-controls/ https://www.irs.gov/publications/p510
Participating Addendum DTI240024 23
employees are treated equally during employment without regard to
their race, marital status, genetic information, color, age, religion,
sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection
for training including apprenticeships. The Contractor agrees to post in
conspicuous places, notices to be provided by the Agency setting forth
the provisions of this non-discrimination clause.
ii. During the performance of this Participating Addendum, the Contractor
agrees as follows:
A. The Contractor, as set forth in Title 19 Delaware Code Chapter 7
section 711, will not discriminate against any individual with
respect to compensation, terms, conditions, or privileges of
employment because of such individual's race, marital status,
genetic information, color, age, religion, sex, sexual orientation,
gender identity, or national origin. The Contractor will take
positive steps to ensure that applicants are employed and that
employees are treated during employment without regard to
their race, marital status, genetic information, color, age,
religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post
in conspicuous places available to employees and applicants for
employment notices to be provided by the Agency setting forth
this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, marital status, genetic information,
color, age, religion, sex, sexual orientation, gender identity, or
national origin.”
nn. Document Execution
The State of Delaware requires a new vendor to complete the registration
process through the Delaware Supplier Portal at
http://esupplier.erp.delaware.gov. Successful completion of this registration
enables the creation of a State of Delaware supplier record. The Taxpayer ID
(SSN or EIN) and Applicant (supplier) name are submitted to the Internal
http://esupplier.erp.delaware.gov/
Participating Addendum DTI240024 24
Revenue Service for “matching”/ If the Taxpayer ID and name do not match,
the vendor record cannot be approved.
It is the applicant’s responsibility to select the appropriate 1099 Withholding
Type and Class. If incorporated, a business is not subject to 1099 reporting
unless the business is providing legal or medical services.
Any questions about completing this registration or specific comments about
the registration, please contact supplier maintenance by phone at 302-672-
5000.
oo. Equipment Trade-in Program:
i. Trade-in program is not allowed.
pp. Leasing and Alternative Financing:
i. The Master Agreement allows for leasing if approved for use by the
Participating Entity. The terms and conditions of the lease or financing
arrangement will be separately negotiated and set forth in an
agreement between the purchaser and either Contractor or its
designated and/or approved financing partner.
qq. Services:
i. Services are broadly classified as installation or de-installation,
maintenance, support, training, migration, and optimization of
products offered or supplied under the Master Agreement. These
classifications of services may include, but are not limited to:
warranty services, maintenance, installation, de-installation, factory
integration (software or hardware components), asset management,
recycling or disposal, training and certification, pre-implementation
design, disaster recovery planning and support, service desk or
helpdesk, imaging, and any other directly related technical support
service required for the effective operation of a product offered or
supplied. Contractors may offer limited professional services related
ONLY to the equipment and configuration of the equipment purchased
through the resulting contracts.
2. PRIMARY CONTACTS
The primary government contact individuals for this Addendum are as follows (or
their named successors):
Participating Addendum DTI240024 25
Lead State
Contact: Elizabeth Randa
Address: Department of Administration
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 5155
Phone: 651-201-3122
Email: Elizabeth.Randa@state.mn.us
Contractor
Contact: Debra Lee
Address: 10300 Energy Drive
Spring, TX 77389
Phone: 847-537-0344
Email:
Debra.lee@hp.com
With a copy of legal notices to:
Chief Legal Officer
1501 Page Mill Road
Palo Alto, CA 94304
Participating State: Delaware Department of Technology and Information
Contact: Amy Miller
Address: 801 Silver Lake Blvd, Dover, DE 19904
Phone: 302-739-9684
Email: DTI_Vendorservices@delaware.gov
3. CONTRACT NUMBER
The contract number for the State of Delaware is: DTI240024-COMPUTER.
This Participating Addendum and the NASPO ValuePoint Master Agreement, Number
23011, administered by the State of Minnesota, together with its exhibits, set forth
the entire agreement between the parties with respect to the subject matter of all
previous communications, representations, or agreements, whether oral or written,
with respect to the subject matter hereof. Terms and conditions inconsistent with,
contrary or in addition to the terms and conditions of this Participating Addendum
and the Master Agreement, together with its exhibits, shall not be added to or
incorporated into this Addendum or the Master Contract and its exhibits, by any
subsequent purchase order or otherwise, and any such attempts to add or
incorporate such terms and conditions are hereby rejected. The terms and conditions
mailto:Debra.lee@hp.com mailto:DTI_Vendorservices@delaware.gov
Participating Addendum DTI240024 26
of this Participating Addendum and the Master Agreement and its exhibits shall
prevail and govern in the case of any such inconsistent or additional terms.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date
of execution by both parties below:
State of Delaware Contractor: ____________________
By: ____________________ By: ____________________
Name: ____________________ Name: ____________________
Title: ____________________ Title: ____________________
Date: ____________________ Date: ____________________
The remainder of this page intentionally left blank
Contracts Specialist
Jun 12, 2024
Colleen Lively
HP Inc.
Jordan Schulties
Chief of Administration
Jun 17, 2024
https://esignhp.na3.echosign.com/verifier?tx=CBJCHBCAABAAVvVSur8TH6Y2H2xkHdv6XuodpEgoEypf https://secure.na3.documents.adobe.com/verifier?tx=CBJCHBCAABAAVvVSur8TH6Y2H2xkHdv6XuodpEgoEypf
Attachment A STATE OF DELAWARE
MONTHLY USAGE REPORT
SAMPLE REPORT - FOR ILLUSTRATION PURPOSES ONLY
Note: A copy of the Usage Report will be sent by electronic mail to the Awarded Contractor. The report shall be
submitted electronically in EXCEL and sent as an attachment to DTI_Vendorservices@delaware.gov. It shall
contain the six-digit department and organization code for each agency and school district
mailto:DTI_Vendorservices@delaware.gov
Attachment B SAMPLE REPORT - FOR ILLUSTRATION PURPOSES ONLY
Note: A copy of the Subcontracting Quarterly Report will be sent by electronic mail to the Awarded Contractor.
Completed reports shall be saved in an Excel format and submitted to the following email address:
DTI_Vendorservices@delaware.gov.
State of Delaware
Subcontracting (2nd tier) Quarterly Report
Prime Name: Report Start Date:
Contract Name/Number Report End Date:
Contact Name: Today's Date:
Contact Phone: *Minimum Required Requested detail
Vend
or
Name
*
Vendo
r
TaxID
*
Contra
ct
Name/
Numbe
r*
Vendo
r
Conta
ct
Name
*
Vendo
r
Conta
ct
Phone
*
Repo
rt
Start
Date*
Repo
rt
End
Date*
Amount
Paid to
Subcontract
or*
Work
Performed
by
Subcontract
or UNSPSC
M/WBE
Certifyi
ng
Agency
Veteran/Servi
ce-Disabled
Veteran
Certifying
Agency
2nd
tier
Suppli
er
Name
2nd
tier
Suppli
er
Addres
s
2nd
tier
Suppli
er
Phone
Numbe
r
2nd
tier
Suppli
er
Descripti
on of
Work
Performe
d
2nd
tier
Suppli
er
Tax Id
Dat
e
Pai
d
mailto:DTI_Vendorservices@delaware.gov
Attachment C
The Office of Supplier Diversity (OSD) has moved to the Division of Small Business (DSB)
Supplier Diversity Applications can be found here:
https://business.delaware.gov/osd/
Completed Applications can be emailed to: OSD@Delaware.gov
For more information, please send an email to OSD: OSD@Delaware.gov or call 302-577-8477
Self-Register to receive business development information here:
https://business.delaware.gov/directory-of-certified-businesses/
New Address for OSD:
Office of Supplier Diversity (OSD) State of Delaware
Division of Small Business 820 N. French Street, 10th Floor
Wilmington, DE 19801
Telephone: 302-577-8477 Fax: 302-736-7915 Email: OSD@Delaware.gov
Web site: https://business.delaware.gov/osd/
Dover address for the Division of Small Business Local applicants may drop off applications here:
Division of Small Business
99 Kings Highway Dover, DE 19901
Phone: 302-739-4271
Submission of a completed Office of Supplier Diversity (OSD) application is optional
and does not influence the outcome of any award decision.
https://business.delaware.gov/osd/ mailto:OSD@Delaware.gov mailto:OSD@Delaware.gov https://business.delaware.gov/directory-of-certified-businesses/ mailto:OSD@Delaware.gov https://business.delaware.gov/osd/
Attachment D SUBCONTRACTOR INFORMATION FORM
PART I – STATEMENT BY CONTRACTOR 1. CONTRACT NO.
Insert Contract Number
2. Proposing Vendor
Name:
3. Mailing Address
4. SUBCONTRACTOR
a. NAME
4c. Company OSD Classification:
Certification Number: _____________________
b. Mailing Address:
4d. Women Business Enterprise Yes No 4e. Minority Business Enterprise Yes No 4f. Disadvantaged Business Enterprise Yes No 4g. Veteran Owned Business Enterprise Yes No 4h. Service Disabled Veteran Owned Business Enterprise Yes No
5. DESCRIPTION OF WORK BY SUBCONTRACTOR
6a. NAME OF PERSON
SIGNING
7. BY (Signature) 8. DATE SIGNED
6b. TITLE OF PERSON
SIGNING
PART II – ACKNOWLEDGEMENT BY SUBCONTRACTOR
9a. NAME OF PERSON
SIGNING
10. BY (Signature) 11. DATE SIGNED
9b. TITLE OF PERSON
SIGNING
Use a separate form for each subcontractor
Attachment E
DEPARTMENT OF TECHNOLOGY AND INFORMATION William Penn Building
801 Silver Lake Boulevard Dover, Delaware 19904-2407
CONFIDENTIALITY (NON-DISCLOSURE) AND INTEGRITY OF DATA AGREEMENT
The Department of Technology and Information is responsible for safeguarding the confidentiality and integrity of data in State computer files regardless of the source of those data or medium on which they are stored, e.g., electronic data, computer output microfilm
(COM), tape, or disk. Computer programs developed to process State Agency data will not be modified without the knowledge and written authorization of the Department of Technology and
Information. All data generated from the original source data, shall be the property of the State of Delaware. The control of the disclosure of those data shall be retained by the State of Delaware and the Department of Technology and Information.
I/we, as an employee(s) of ______________________ or officer of my firm, when performing
work for the Department of Technology and Information, understand that I/we act as an extension of DTI and therefore I/we are responsible for safeguarding the States’ data and computer files as indicated above. I/we will not use, disclose, or modify State data or State
computer files without the written knowledge and written authorization of DTI. Furthermore, I/we understand that I/we are to take all necessary precautions to prevent unauthorized use,
disclosure, or modification of State computer files, and I/we should alert my immediate supervisor of any situation which might result in, or create the appearance of, unauthorized use, disclosure, or modification of State data.
Penalty for unauthorized use, unauthorized modification of data files, or disclosure of any
confidential information may mean the loss of my position and benefits, and prosecution under applicable State or Federal law.
This statement applies to the undersigned Contractor and to any others working under the Contractor’s direction.
I, the Undersigned, hereby affirm that I have read DTI’s Policy on Confidentiality (Non- Disclosure) and Integrity of Data and understood the terms of the above Confidentiality (Non-
Disclosure) and Integrity of Data Agreement, and that I/we agree to abide by the terms above.
Contractor Signature______________________________________________ Title: __________________________________________________________
Date: _______________________ Contractor Name: _______________________________________________
HP Inc.
Contracts Specialist Jun 12, 2024
Colleen Lively
https://esignhp.na3.echosign.com/verifier?tx=CBJCHBCAABAAVvVSur8TH6Y2H2xkHdv6XuodpEgoEypf
APPENDIX A
Agreement DTI240024-COMPUTER
COMPUTER EQUIPMENT, PERIPHERALS & RELATED SERVICES
HP, Inc.
Department approved Resellers for this Agreement:
Name of Reseller:
Department Approval:
Signed: ___________________________________Date: ______________
Jordan Schulties, Chief of Administration
Department of Technology and Information
2024-06-17T07:09:26-0700 Agreement certified by Adobe Acrobat Sign