Amendment+4+Signed+3-27-2023.pdf

PDF 299 KB Posted

Attached to
Maintenance Repair and Operation (MRO) and Supplies - STATE
Contract number
255-1
Issued by
North Dakota

About this file

This document is a Contract Amendment between the State of North Dakota, acting through its State Procurement Office, and Acme Tools. The amendment is for Contract Number 255-1, which covers Facility Maintenance, Repair and Operations (MRO) Supplies at the state level, and is specifically Amendment Number 4 to the original contract.

The contract was originally executed on April 1, 2019, with an initial term ending on March 31, 2020, and includes provisions for up to six potential twelve-month renewal options. This fourth amendment extends the contract's expiration date to March 31, 2024, effectively executing the fourth twelve-month renewal period. The amendment also removes a specific section related to Risk Management Requirements (Contract Section 4, item 2, Insurance). The contract maintains the option to extend and renew under the same terms and conditions, subject to mutual agreement between the State of North Dakota and Acme Tools.

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Text version

CONTRACT AMENDMENT

Amendment to Contract between the State of North Dakota, acting through its (State Procurement Office), “STATE,” and (Acme Tools), “CONTRACTOR.”

The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

Whereas, Section 8 “Term of the Contract” of the Special Terms and Conditions states “The term of the contract issued as a result of this solicitation will be as follows: a.

Contract Period. This Contract term (Term begins on April 1, 2019 or its Effective Date, and ends on March 31, 2020. b. No Automatic Renewal. This Contract will not automatically renew. c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed twelve (12) months, beyond the current termination date of this contract. d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term. STATE reserves the right to execute up to six (6) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each;” therefore, the Contract is amended as follows:

Whereas, Section 10 “Contract Amendment – Unanticipated Amendment” of the Special Terms and Conditions states “After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the Contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)”; therefore, the Contract is amended as follows:

Risk Management Requirements

Contract Section 4, item 2, Insurance. is hereby removed from the Contract.

Renewal

1. Section 8, Term of the Contract (Special Terms and Conditions.) The Contract commenced on April 1, 2019 and expires on March 31, 2020 with the option to extend for an additional twelve (12) months and renew the contract for a maximum of six (6) additional twelve (12) month periods, upon mutual agreement.

The parties have agreed to execute the fourth twelve (12) month renewal option of the Contract; therefore, the Contract is amended to change the expiration date to March 31, 2024.

CONTRACT NUMBER AND TITLE: 255-1, Facility Maintenance, Repair and Operations (MRO) Supplies - State

AMENDMENT NUMBER: 4

(The remainder of this page is intentionally left blank)

All other terms of the Contract remain in effect.

This Contract Amendment is not effective until fully executed by all parties.

EXECUTION

CONTRACTOR NAME

Acme Tools 1101 N. Washington Grand Forks, ND 58203

NAME

SIGNATURE

TITLE

DATE

STATE OF NORTH DAKOTA acting through its State Procurement Office 600 E Boulevard Ave Dept 012 Bismarck, ND 58501-0310

NAME

Gabriel Hoggarth

SIGNATURE

TITLE

State Procurement Officer

DATE

3/24/2023

CONTRACT NUMBER AND TITLE: 255-1, Facility Maintenance, Repair and Operations (MRO) Supplies - State

AMENDMENT NUMBER: 4

Scott V. Foyt

CFO

3/27/2023

CONTRACT AMENDMENT
EXECUTION

File details come from the government source that posted it. Updated .