BIOS1. This was bought with Ubuntu, and Dell doesn't seem to push BIOS upgrades out to non-Windows machines. I didn't even know there were new BIOS until I found this forum. I downloaded the BIOS USB-key-based updater but couldn't install it on a machine at home since we don't run Windows. I installed the utility on a key here at work this am and will try it with a newer BIOS tonight.
In the meantime customer service contacted me and told me it should run with any BIOS, and asked me which version of Windows I was running. Waiting to here back but I am not optimistic. They have offered to send a new battery or refund this one, but this is so obviously a software issue that I want to see if I can fix it first.