0245023319_appendixd.pdf

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23319_Appendix D

APPENDIX D

CONTRACT MODIFICATION PROCEDURE

The following guidelines are subject to change at the discretion of OGS. A Contract Amendment requires a formally executed document by mutual agreement of the Parties, to be provided by OGS Contract Administrator, after submission and approval of the Contract Modification Form.

(1) TYPES OF CONTRACT MODIFICATIONS: In order to expedite processing of a contract modification, where proposed changes involve more than one category below, each change should be submitted to OGS as a separate request.

a) UPDATES: “Updates” are changes that do not require a change to the established Centralized Contract terms and conditions. Updates may include: Centralized Contract changes and updates made in accordance with the previously approved pricing formula (e.g. discount from list price); adding new products or services within the established, previously approved pricing structure; lowering pricing of products or services already on Contract, deleting products or services available through the Centralized Contract, adding product or service that do not fall under the previously established price structure or discounts under the Contract, re-bundled products, and other updates not listed above that are deemed to be in the best interest of the State and do not result in a change to the established Centralized Contract terms and conditions. Updates must be submitted to OGS for review, and must be accompanied by a justification of reasonableness of price if the change results in a change in pricing methodology. OGS will notify Contractor in writing if approved.

b) AMENDMENTS: “Amendments” are changes that are not specifically covered by the terms and conditions of the Centralized Contract but inclusion is found to be in the best interest of the State. Requests for product changes and other requests that would require changes to the terms and conditions of the Centralized Contract would fall into the Amendments category. Contractor must provide a written justification of reasonableness of the price levels offered in the applicable Program Agreement and a statement explaining why it is in the best interest of the State to approve the requested amendment. Amendments typically require negotiation between OGS and the Contractor. OGS will work directly with the Contractor to obtain the required documentation for each requested amendment and notify Contractor in writing if approved.

(2) CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS: In connection with any Contract modification, OGS reserves the right to:

• request additional information

• reject Contract modifications

• remove Products from Contract modification requests

• request additional discounts for new or existing Products

(3) PRICE LEVEL JUSTIFICATION – FORMAT: Contractor is required to submit the Product and price level information for the update in an Excel spreadsheet format electronically via e-mail (and in hard copy if requested by OGS) to the OGS Contract Administrator. The list must be dated. The Product and price level information should include and identify (e.g., by use of separate worksheets or by using italics, bold and/or color fonts):

• Price level increases

• Price level decreases

• Products being added

(4) SUPPORTING DOCUMENTATION: Each modification request must include the current contract pricing discount relevant to the Products included in the update.

(5) SUBMITTAL OF MODIFICATION REQUESTS: A Contract modification request must be accompanied by a completed Contract Modification Form. Contractor should briefly describe the nature and purpose of the update (e.g., update requested in order to reflect a recently approved GSA schedule, to restructure the price level to its customers generally, and/or for new Products which fall into a new group or category that did not exist at the time of approval of the Contract by OGS). The Contract Modification Form must contain original signatures by an individual authorized to sign on behalf of Contractor and must be notarized.

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INSTRUCTIONS:

1. This form is to be used for all Contract modifications. The form is to be completed in full, signed and submitted to

OGS for final approval. Any submission that is not complete and signed will be rejected.

2. Contractor is required to submit the Product and price level information for the update electronically via e-mail in an

Excel spreadsheet (and in hardcopy if requested by OGS) to the OGS Contract Administrator for this Contract.

3. Price level increase requests must be submitted in accordance with the Centralized Contract.

4. If more than one type of modification is being requested, each type should be submitted as a separate request.

NOTE: When a pricelist update request is submitted with the required cover letter detailing the reason for the update, Appendix D-Contract Modification Procedure is not required unless the Contractor is also requesting a modification(s) to the Centralized Contract or its Appendices for OGS’ consideration.

The Contract modification request must be accompanied by the relevant current contract pricing discount information.

CONTRACT MODIFICATION FORM

OGS CONTRACT NO.: _________________

CONTRACT DESCRIPTION:

DATE OF SUBMISSION:______________________

CONTRACT PERIOD:

From: _____________

To: _____________

CONTRACTOR CONTACT:

NAME:___________________________________

PHONE NO:_______________________________

E-MAIL:__________________________________

NOTE: Submission of this FORM does not constitute acceptance by the State of New York until approved by the appropriate New York State representative(s).

COMPLETE STATEMENTS 1 THROUGH 5 BELOW:

1. This request is for an:

_____ Update _____ Amendment See Contract Modification Procedure for an explanation of these terms.

2. The intent of this submittal is to request:

_____ Addition of new products or services _____ Deletion of products or services _____ Change in pricing level _____ Other Update _____ Other Amendment

3. All discounts are:

_____ GSA

_____ Most Favored Nation* _____ Other (provide explanation) *Prices offered are the lowest offered to any similarly situated entity.

THIS BOX MUST BE COMPLETE

4. Attached documentation includes:

_____ Current approved GSA (labeled "For information only") _____ Current relevant Price List (labeled "For information only") _____ Revised NYS Net Price List(s) in same format required for this Contract _____ Current copy of the “National Consumer Price Index for All Urban Consumers (CPI-U) Northeast region” (for price increases only)

5. Describe the nature and purpose of the modification. If applicable, please explain how pricing has been structured to Authorized Users, and/or identify and describe new Products which fall into a new group or category that did not exist at the time of approval of the Contract by OGS.

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The following CORPORATE ACKNOWLEDGEMENT statement must be signed by an individual authorized to sign on behalf of Contractor for the modification being requested in this Contract Modification document. The authorizing authority’s signature must be notarized.

Signature of Authorized Contractor Representative

CORPORATE ACKNOWLEDGMENT

STATE OF }:

ss.:

COUNTY OF }

On the _____day of ________________in the year 20__, before me personally came:

_______________________, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _________________; that he/she/they is (are) ______________________________ (the President or other officer or director or attorney in fact duly appointed) of ____________________________________________, the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation.

Notary Public

OGS APPROVAL:

Approved ______ Approved as amended ____________ Disapproved_________

Name:________________________________________

Title:_______________________________________ Date______________________