255-1_State+Contract+Summary_Updated.docx

ND STATE CONTRACT INFORMATION

CONTRACT INTRODUCTION

This contract consists of 10 Market Basket product categories of products frequently purchased.

· Fasteners

· Air Filters

· Motors and Accessories

· Tape, Sealants, and Lubricants

· Batteries and Flashlights

· Paint and Accessories

· Pneumatic Tools

· Power Tools and Accessories

· Hand Tools

· Welding and Soldering

Additionally, each Market Basket product category offers a flat “percentage off” to all other items not listed in the Market Basket. While it is not mandatory to make your purchases from this contract, you will likely find deeper discounts within the categories awarded compared to a vendor that doesn’t have a contract with the State.

CONTRACTOR INFORMATION

Check the State contract website for the contractor and contract administrator information.

COOPERATIVE PURCHASING

This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

PRICING

Pricing shall be firm for the first Contract period. After the firm-fixed period concludes, the CONTRACTOR may submit a request for a price increase to the Procurement Officer not more than two (2) times per each renewal period. All shipments are to be billed at prices in effect at the time of the order, not the date the shipment is made.

Market Basket and Percentage Off pricing can be viewed on the State Procurement website, under Contract #255-1. You can view pricing by vendor, which includes all their awarded categories, or you can view by product category.

MINIMUM ORDER

There is no minimum order amount under this Contract; however, some products may be limited by manufacturer packaging, therefore CONTRACTOR(s) may require case quantity be ordered.

SUBSTITUTIONS

CONTRACTOR will not substitute for an ordered item, unless agreed. If an order item is out of stock or discontinued, CONTRACTOR must notify the Ordering Agency contact for approval before substitution. If an order item is discontinued, CONTRACTOR must notify the Procurement Officer.

METHOD OF ORDER PLACEMENT

· Place order by issuance of a purchase order (PO).

· Place order using a purchasing card. CONTRACTOR will accept a purchasing card without passing the processing fees back to the Ordering Agency.

RETURNS

If product is shipped in error or damaged upon delivery, the CONTRACTOR will be responsible for prompt pick up and all return freight and related charges within ten (10) days of the return product request from an Ordering Agency. The Ordering Agency may choose to accept a new shipment or cancel the order for complete account credit, if product arrives in an unacceptable condition or is sent after lead time without notice of delayed shipment.

WARRANTIES

CONTRACTOR will assist with prompt service for products that meet warranty conditions. The State may request CONTRACTOR intervention for warranty on product sold within this Contract.

F.O.B. DESTINATION ANY NORTH DAKOTA LOCATION

· All freight and handling is to be included in the item price. CONTRACTOR will be responsible for any damages incurred during shipping.

· Exceptions (Additional Shipping or Handling Charges):

Expedited, emergency, or shipments of hazardous material may incur additional shipping and handling charges to be paid by the Ordering Agency. Upon placement of orders that meet additional or special freight conditions, the Ordering Agency must be advised of, and agree to any additional charges. CONTRACTOR will be responsible for any non-disclosed charges.

· Title will pass to Ordering Agency upon delivery to the specified destination and after inspection. Once approved by the Ordering Agency, responsibility shall pass to the Ordering Agency except as to latent defects, fraud and CONTRACTOR’s warranty obligations. CONTRACTOR will file any claims.

DELIVERY LEAD TIME

· In-Stock items: Must be delivered within forty-eight (48) hours for all points within the State after CONTRACTOR receives an order from the Ordering Agency.

· Non-Stocked Items: Must be delivered within ten (10) working days.

· Sourced products: CONTRACTOR will provide an estimated delivery date.

· Non-Stocked Items: Any portion of an order that is back-ordered shall be shipped by CONTRACTOR, without any additional transportation or handling charges.

If delivery cannot be made within the specified time, the CONTRACTOR must notify the Ordering Agency in writing of the delay and the approximate date delivery may be expected. Repeated delivery delays or failure may be grounds for termination of the Contract. The Ordering Agency may at its own discretion cancel a delayed order with no additional charges to be paid by Ordering Agency.

WILL CALL STORES

A will call store is a branch distribution location/store that allows agencies to pick up orders during normal business hours, with MRO products stocked for immediate use. Please refer to the Vendor Will Call Locations document on the State Contract page for a list of locations.

PAYMENT TERMS

Payment will normally be made within thirty days after delivery and acceptance of commodities under this contract and receipt of a correct invoice acceptable to the Purchasing Agency or Entity. Invoices are to be submitted per order. All invoices and payment inquiries must be directed to the Purchasing Agency or Entity.

ORDER LIMITS PER PURCHASE

Ordering from this contract is dependent upon the total amount of the purchase.

· Orders up to $200,000. Purchasing agencies may place orders totaling up to $200,000 under this contract. Purchasing agencies may purchase from only the respective awarded contractor’s categories.

· Orders over $200,000. Orders totaling over $200,000 are outside the scope of this contract. Purchasing agencies must comply with competitive bidding requirements for purchases totaling over $200,000.

EXCLUDED CURRENT STATE CONTRACT PRODUCTS, GENERAL CATEGORIES

MRO contract items will be limited to those products that are not included within existing state contracts.

The following products will be excluded in their entirety from the “percentage off product discounts”:

· Contract-006-Lighting and Lamps

· Contract-045-Batteries, Vehicle

· Contract-061-Warning Lights

· Contract -094-Warewashing Example: No lighting or lamp products may be purchased under this contract as Contract 006 covers those items.

The following state contacts will have certain products excluded from the “percentage off product discounts”:

· Contract-007-Janitorial Supplies

· Contract-009-Janitorial and Food Service Disposable Products

· Contract-021- Trash Bags

· Contract-011-Dry Cell Batteries

· Contract-232-Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP)-Disposable Gloves Example: Garbage bag (liner): Black, Liner, 38”x 58”, Blk, 2 Mil LDP. 50/Pk., is not available within Contract -021 so they may be ordered through this contract.

MSDS

CONTRACTOR will provide one set of the appropriate material safety data sheets (MSDS) and container labels to any Ordering Agency, either with product upon delivery of a material that would usually be accompanied by an MSDS sheet or provide a link for users to download specific MSDS product information. If the successful bidder provides a link, it will be included in the awarded Contract web page.

MRO PRODUCTS – VENDING SERVICES

CONTRACTOR may provide MRO product on-site, upon request from an Ordering Agency. The MRO vending Contract items stocked and delivered through this method will be agreed upon between the Contractor and the Ordering Agency. Ordering Agency and CONTRACTOR will complete the Participating Addendum (PA) before beginning on-site vending services (Attachment 2 – MRO Vending Services PA). An executed copy of the PA is to be provided to the contract administrator. In addition, some vendors may require an order form or other agreement be completed prior to beginning vendor services.

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