Amendment no. 4 State Term Contract Number 475-000-11-1 Medical and Dental Supplies This Amendment N



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AMENDMENT NO. 4

State Term Contract Number 475-000-11-1

Medical and Dental Supplies


This Amendment No. 4 (“Amendment”) effective on November 14, 2014, to the Medical and Dental Supplies State Term Contract No. 475-000-11-1 (“Contract”), between the State of Florida, Department of Management Services (“Department”) and Patterson Dental Supply, Inc. (“Contractor”) are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

WHEREAS, the Contract was originally awarded to the Contractor on September 20, 2010, to expire on September 20, 2013, for the provision of Medical and Dental Supplies, pursuant to RFP No. 10-475-000-J; and

WHEREAS, the Contract was renewed (Amendment 3) through November 14, 2014, pursuant to Section 287.057(13), Florida Statutes and Section 4.26 of the contract; and

WHEREAS, in accordance with Section 287.057(13), Florida Statutes and section 4.26 of the Contract, upon mutual agreement, the parties may renew the Contract in whole or in part, for a period that may not exceed three years; and

THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties amend the Contract as follows:

1.0 Contract Renewal.

Pursuant to Section 287.057(13), Florida Statutes, the Parties hereby execute its renewal option to expire not later than the end of the day on September 20, 2016.



2.0 Effect.

Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.



3.0 Conflict.

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control.



4.0 Warrant of Authority.

Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.



State of Florida, Contractor: Patterson Dental Supply Inc

Department of Management Services:
By: ­­­____________________________ By: ______________________________

Name: Kelley J. Scott Name: ___________________________

Title: Director of State Purchasing and Title: ­­­­­_____________________________

Chief Procurement Officer_____

Date: ___________________________ Date: ____________________________



This Amendment No. 3 (“Amendment”) effective on September 20, 2014, to the Medical and Dental Supplies State Term Contract No. 475-000-11-1 (“Contract”), between the State of Florida, Department of Management Services (“Department”) and Binson’s Hospital Supplies (“Contractor”) are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

WHEREAS, the Contract was originally awarded to the Contractor on September 20, 2010, to expire on September 20, 2013, for the provision of Medical and Dental Supplies, pursuant to RFP No. 10-475-000-J; and

WHEREAS, the Contract was renewed (Amendment 2) through September 20, 2014, pursuant to Section 287.057(13), Florida Statutes and Section 4.26 of the contract; and

WHEREAS, in accordance with Section 287.057(13), Florida Statutes and section 4.26 of the Contract, upon mutual agreement, the parties may renew the Contract in whole or in part, for a period that may not exceed three years; and

THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties amend the Contract as follows:

1.0 Contract Renewal.

Pursuant to Section 287.057(13), Florida Statutes, the Parties hereby execute its renewal option for two years, to expire not later than the end of the day on September 20, 2016.


2.0 Contract Amendment or Modification.

Per Section 4.42, paragraph 5.14 is added to the Contract and Section 7 of Amendment #1 is deleted in its entirety and replaced with “Core and Non-Core Pricing.”

5.14 Public Records.

If, under this Contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, the Contractor, subject to

the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall:

(a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service.

(b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

(d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department.

The Department may unilaterally cancel this Contract for refusal by the contractor to comply with this section by not allowing public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and s. 119.07(1), Florida Statutes.”

7.0 Core and Non-Core Pricing.

(a) Categories of Market Basket, Core and Balance of Line are hereby replaced by Core and Non-Core as defined below.

(b) Pursuant to Section 6.3 “Scope” of the Contract, Core items are defined as all items listed on the current itemized Pricing Sheet, which includes any market basket and balance of line items with a specific individual price per item or unit. Non-Core items are defined as all other individual items the Vendor sells that includes a fixed discount percentage off for the duration of the contract or any renewals. Percentage off must be from the lowest publicly published list price, standard price, MSRP, and/or catalogue price.

(c) Any item that is neither Core nor Non-Core is not available for sale under the Contract and shall not be included in any contract catalogue, including punch-out catalogues. Should an item become available for a fixed discount percentage during the term of the contract or any renewal period, the Vendor may request such items to be added to the Contract. It shall be at the sole discretion of the Department to allow additions to the Contract and/or added to any contract catalogue.”



3.0 Effect.

Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.



4.0 Conflict.

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control.



5.0 Warrant of Authority.

Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.



State of Florida, Contractor: Binson’s Hospital Supplies

Department of Management Services:
By: ­­­____________________________ By: ______________________________

Name: Kelley J. Scott Name: ___________________________

Title: Director of State Purchasing and Title: ­­­­­_____________________________

Chief Procurement Officer_____

Date: ___________________________ Date: ____________________________



AMENDMENT #2

TO

Medical & Dental Supplies

NO.: 475-000-11-1
This Amendment No. 2 (“Amendment”), is effective September 20, 2013, or the last date signed by both parties, to STC #475-000-11-1; Medical & Dental Supplies (“Agreement”), between the State of Florida, Department of Management Services (“Department”) and Binson’s Hospital Supplies (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Agreement, unless otherwise defined herein.
WHEREAS the Agreement was originally entered on September 20, 2010 with the Contractor for the provision of medical and dental supplies, and is scheduled to expire on September 20, 2013; and
WHEREAS upon mutual agreement, the Department and the Contractor agree to amend the Agreement, in accordance with the its terms; and
THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:


  1. Contract Amendment. Pursuant to section 287.057(13), Florida Statutes, STC #475-000-11-1; Medical & Dental Supplies is renewed for a period of one year effective September 20, 2013 and will expire September 20, 2014.




  1. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Agreement shall continue in full force and effect.




  1. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Agreement, the terms of this Amendment shall control.




  1. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.




  1. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.


6.0 Entire Agreement. Except as expressly modified by this Amendment, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the Agreement (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto.

State of Florida, Department of Management Services:





Binson’s Hospital Supplies:

By:




By:



Name: Kelley J. Scott






Name:


Title: Director of State Purchasing and

Chief Procurement Officer





Title:


Date:




Date:

AMENDMENT #1

TO

Medical & Dental Supplies

NO.: 475-000-11-1

This Amendment #1 (Amendment), effective as of September 20, 2013 or on the last date on which it is signed by all parties, whichever is later, to the state term contract #475-000-11-1; Medical & Dental Supplies (Contract) effective as of September 21, 2010, between the State of Florida, Department of Management Services (Department) and Binson’s Hospital Supplies (Contractor). Department and Contractor are collectively referred to herein as the Parties. All capitalized terms used herein shall have the meaning assigned to them in the Agreement, unless otherwise defined herein.



WHEREAS, Pursuant to Section 4.42 the Parties wish to amend certain terms and conditions of the Contract;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

  1. The content of 5.6 is hereby amended to read as follows:

“5.6 Punch-out Catalog

5.6.1 The Contractor hereby agrees to cooperate with the Department and MyFloridaMarketPlace (MFMP) and any authorized agent or successor entity to MFMP in the event the Department selects this statewide contract to be exhibited on MFMP. At a minimum, the Contractor agrees to the following:




  1. Upon the Department’s’ request, to deliver a punch-out catalog within ninety (90) days of written request. The punch-out catalog content must be limited to the Contractor’s statewide contract offering.




  1. In addition to the Contractor’s punch-out catalog in MFMP, the Contractor shall provide a specific online ordering portal and product catalog (referred to as the online catalog) to the State of Florida containing only State of Florida items and prices. The contractor will, within ninety (90) days of this amendment, make available the online catalog that contains only items that are in the scope of the awarded contract. For each item, the following information shall be provided at a minimum: item description, manufacturer name, manufacturer part number, unit of measure, list price and contract price, and item image.



  1. The Contractor agrees to meet the following requirements:




  1. Catalog must contain the most current pricing, including all applicable administrative fees and or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and




  1. The accuracy of the catalog must be maintained by Contractor throughout the duration of the statewide contract; and




  1. The catalog must include a State-specific contract identification number; and




  1. The catalog must include detailed product line item descriptions; and




  1. The catalog must include pictures when possible; and




  1. The catalog must include any additional Department content requirements.




  1. Contractor agrees that the Department controls which statewide contracts appear in MFMP and that the Department may elect at any time to remove any Contractor’s offering from MFMP.




  1. Contractor must be able to accept Purchase Orders via fax, e-mail, cXML or EDI INT AS 12.



5.6.2 e-Invoicing

The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MFMP within ninety (90) days from the effective date of the amendment. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below:


a. cXML (commerce eXtensible Markup Language)

This standard establishes the data contents required for invoicing via cXMLwithin the context of an electronic environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for eInvoicing.


b. EDI (Electronic Data Interchange)

This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services.


c. PO Flip via ASN

The online process allows Contractors to submit invoices via the ASN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their ASN account by simply “flipping” the PO into an invoice. This option does not require any special software or technical capabilities.


For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State of Florida and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract.”
The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing.

  1. Quarterly Sales Reporting Requirements

The Contractor agrees to submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year:


  • Quarter 1- (July‐September) Report due October 30

  • Quarter 2 - (October‐December) Report due January 31

  • Quarter 3 ‐ (January‐March) Report due May 1

  • Quarter 4 - (April‐June) Report due July 30

Each Quarterly Sales Report must be in Excel format in accordance with the Department’s “Contract Quarterly Report”. (Attachment A)


Failure to provide quarterly sales reports, including no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) and/or contract year may result in the contract supplier being found in default and cancellation of the contract by the Department.


  1. Business Review Meetings

The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor’s agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department’s additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination.


  1. Employment Verification

Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Verification under the terms provided in the “Memorandum of Understanding” governing the program. Contractor further agrees to provide to the Agency, within thirty (30) days of the effective date of this Amendment, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen,” which contains proof of enrollment in the E-Verify Program (this page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage). Contractor further agrees that it will require each subcontractor that performs work under this Contract to enroll and participate in the E-Verify Program within ninety (90) days of the effective date of this Amendment or within ninety (90) days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency upon request. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding.


  1. Scrutinized Company List

In executing this Amendment, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. (Attachment B)


  1. Preferred Pricing

The Contractor agrees to submit to Customer at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the Best Pricing provision in Section 4(b) of form PUR 1000. (Attachment C)


  1. Core and Marketbasket Pricing

The Contractor agrees to provide the items contained within the attached Pricing Sheet to reflect newly-aligned core and marketbasket lists as well as discounts on Contractor’s remaining balance of line. (Attachment D)


  1. Automatic Electronic Defibrillators and related accessories

The parties have agreed to make Automatic Electronic Defibrillators and related accessories previously available under the Oklahoma/NASPO agreement SW300 now available under this contract. The Contractor agrees to provide the Automatic Electronic Defibrillators and related accessories at or below the prices depicted in Attachment D.


  1. Commitment to Diversity in Government Contracting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority, women, wartime, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp@dms.myflorida.com.
Upon request, the Contractor shall report to the Department spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Contract.


  1. Conflict

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control.


  1. Warrant of Authority

Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.


  1. Effect

Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect.

State of Florida,

Department of Management Services:


Binson’s Hospital Supplies: :


By:____________________________



By:_____________________________


Name: Kelley J. Scott


Name:___________________________


Title: Director of Purchasing and

Chief Procurement Officer


Title:____________________________


Date:_________________________


Date:____________________________

CERTIFICATION OF CONTRACT

Title: Medical and Dental Supplies


Contract Number: 475-000-11-1
RFP Number: 10-475-000-J
Effective: September 20, 2010 through September 19, 2013
Supersedes: 475-000-05-1
Contractors: Medical Supplies; Binson Hospital Supplies (A)

Henry Schein (A)

Physicians Sales and Services (A)

Dental Supplies; Henry Schein (A)

Patterson Dental (A)


  1. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors.



  2. EFFECT - This contract was entered into to provide economies in the purchase of Medical and Dental Supplies by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified.



  3. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes.



All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.)


  1. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.




  1. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions.

___ _____________________________
Authorized Signature (date)
DSP/ds
Attachments




Request for Proposal
(RFP)

for

Medical and Dental Supplies

RFP No. 10-475-000-J

RFP Issue Date: July 13, 2010

Responses Due: august 18, 2010

Refer All Inquiries to:



Donna Smith, Purchasing Analyst
STATE Of FLORIDA
Department of Management Services, Division of State Purchasing

4050 Esplanade Way, Suite 360

Tallahassee, FL 32399

Phone: 850-488-8855

Fax: 850-414-6122

Email: donna.smith@dms.myflorida.com


Table of Contents

Section 1.0 Introduction

1.1 Introduction and Overview

1.2 Event Timeline
Section 2.0 General Instructions to Respondents (PUR 1001)

2.


Section 1

Introduction

Section 3

Special Contract Conditions

PLEASE TYPE

Quarterly Contract Sales Summary Report



2.21. Limitation on Vendor Contact with Agency during Solicitation Period

Section 3.0 Special Instructions To Respondents

3.1 Contact Person

3.2 Definitions

3.3 Firm Response

3.4 Electronic Posting of Award

3.5 Order of Precedence

3.6 Submittal of Response

3.7 Addendums to the Solicitation Documents

3.8 Submittal Content

3.9 Estimated Sales

3.10 Evaluation and Selection Process

3.11 Basis for Award

3.12 Price

3.13 Lobbying

3.14 Documentation Becomes the Property of the State

3.15 Notice to Contractor

3.16 Method of Payment

3.17 Environmental Considerations

3.18 Certification of Drug-Free Workplace Program

3.19 Public Entity Crimes


Section 4.0 General Contract Conditions (State of Florida Form PUR 1000)

4.1 Definitions.

4.2 Purchase Orders.

4.3 Product Version.

4.4 Price Changes Applicable only to Term Contracts.

4.5 Additional Quantities.

4.6 Packaging.

4.7 Inspection at Contractor’s Site.

4.8 Safety Standards.

4.9 Americans with Disabilities Act.

4.10 Literature.

4.11 Transportation and Delivery.

4.12 Installation.

4.13 Risk of Loss.

4.14 Transaction Fee.

4.15 Invoicing and Payment.

4.16 Taxes.

4.17 Governmental Restrictions.

4.18 Lobbying and Integrity.

4.19 Indemnification.

4.20 Limitation of Liability.

4.21 Suspension of Work.

4.22 Termination for Convenience.

4.23 Termination for Cause.

4.24 Force Majeure, Notice of Delay, and No Damages for Delay.

4.25 Changes.

4.26 Renewal.

4.27 Purchase Order Duration.

4.28 Advertising.

4.29 Assignment.

4.30 Antitrust Assignment

4.31 Dispute Resolution.

4.32 Employees, Subcontractors, and Agents.

4.33 Security and Confidentiality.

4.34 Contractor Employees, Subcontractors, and Other Agents.

4.35 Insurance Requirements.

4.36 Warranty of Authority.

4.37 Warranty of Ability to Perform.

4.38 Notices.

4.39 Leases and Installment Purchases.

4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).

4.41 Products Available from the Blind or Other Handicapped.

4.42 Modification of Terms.

4.43 Cooperative Purchasing.

4.44 Waiver.

4.45 Annual Appropriations.

4.46 Execution in Counterparts.

4.47 Severability.




Section 1 4

Introduction 4

Section 3 12

Special Contract Conditions 33

PLEASE TYPE 46

Quarterly Contract Sales Summary Report 105







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