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Attachment 1 Contract 505ENT-U16-BATTERIES-01 Alkaline Batteries ALKALINE BATTERIES (AA, AAA, C D, 9 volt)

CONTRACT #505ENT-U16-BATTERIES-01

ATTACHMENT 1 – SPECIAL TERMS AND CONDITIONS

In addition to the contract terms and conditions, these special terms and conditions shall apply.

1. The following words or phrases are defined as follows:

a. State Holiday – Nine legal holidays recognized by the State of Wisconsin: New Year’s Day, Martin Luther King Jr.’s Birthday, Memorial day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, Christmas Day and New Year’s Eve Day.

b. WISBuy – The State of Wisconsin’s Purchasing Card (Pcard) Marketplace is an online e-catalog shopping website containing Department of Administration (DOA) enterprise contracts.

2. Opportunities, Inc. agrees to comply with the provisions of s.16.752, Wis. Stat., “Procurement from work centers for severely handicapped individuals,” to include:

· Maintaining its current certification as a Work Center to do business under this statute;

· Providing alkaline batteries that State agencies need as described in this Contract;

· Seeking broad competition in the purchase of raw materials used in providing the product. This provision applies to any future need to identify new suppliers;

· Pricing the products at fair market value as provided in this Contract and as may be adjusted by mutual agreement as the fair market value changes;

· Insuring that not less than seventy-five percent (75%) of the total direct labor hours are performed by persons with severe disabilities and maintaining records to document same. Note: Direct labor means all labor or work involved in producing or supplying seasonings, including preparation, processing and packing, but excluding supervision, administration, inspection, and shipping (transporting the product to state agencies);

· Adding appreciable contribution to materials needed to provide the products identified in this Contract;

· Making records relating to this Contract available for public inspection at any reasonable time; maintaining records for each worker of all direct labor hours performed in conjunction with this contract to identify work performed by persons with severe disabilities and by others;

· Maintaining an on-going placement program for persons with severe disabilities that includes staff that is assigned to perform personal evaluations and to maintain liaisons with appropriate community service organizations; and

· Maintaining a record for each individual with a severe disability providing direct labor related to this Contract that includes a written report prepared by a licensed physician or psychiatrist, or a qualified psychologist, reflecting the nature and extent of the disability that causes the individual to qualify as severely disabled.

3. Opportunities, Inc. shall accept orders from WISBuy paid via purchasing card or purchase orders sent, via fax, US Mail or e-mail. Authorized users shall be responsible for placing their own orders and will determine the ordering method which will be used. Other order options may be added as they become available. Minimum order is two dozen batteries.

4. Shipping charges shall be included in item price. No additional shipping charges shall be added or allowed. Item pricing can be found on Attachment 2 – Products and Pricing.

5. Orders shall be shipped within two (2) business days of receipt of order and shall include a packing slip. The packing slip shall include at least the following information in no particular order:

· Customer/Agency Account Number

· Customer/Agency Name

· Customer/Agency Address

· Delivery Date

· Purchase Order Number

· Vendor Product Number per Line Item

· Line Item Description

· Quantity Ordered

· Quantity Included in Shipment

If items cannot be shipped in the required time, Opportunities, Inc. shall contact the ordering agency to inform them of the delay and provide a revised date of delivery. If necessary to complete a shipment on time, Opportunities, Inc. may request from the contract manager a product substitution. The product substituted shall be of equal or larger quantity, equal or better quality and at no additional cost.

6. State agency staff may inspect and verify deliveries to ensure accuracy and have up to five (5) business days after delivery to identify and reconcile delivery discrepancies (quantity/item description). When receiving commodities, State Agencies may:

· Inspect each item at the time of receipt

· Note any count discrepancies or damages.

· Invoices shall be adjusted to compensate for any deviations.

· If upon inspection at the time of receipt, products are found to be in unacceptable condition, the State Agency may refuse delivery and note reason on delivery receipt. Opportunities Inc. delivery agent shall initial any such notes.

· When satisfied that the shipment is in proper order and/or all discrepancies have been properly noted and initialed, the receiving person shall sign the delivery receipt and retain a copy for their records.

· State Agencies reserve the right to reject all or part of a delivery.

7. Opportunities, Inc. shall provide alkaline batteries that are in working order. Opportunities, Inc. shall guarantee their products to be free from defects in materials and workmanship, given normal use and care. Any products delivered in poor condition, duplicated, incorrectly shipped, may, at the discretion of the State Agency, be returned to Opportunities, Inc. at Opportunities, Inc.’s expense within thirty (30) days. The State Agency shall contact Opportunities, Inc.’s customer service for a Returned Merchandise Authorization (RMA) number. Opportunities, Inc. shall agree to replace without charge (include freight both ways) to State Agencies any product or part thereof that proves to be defect or fails. Opportunities, Inc. shall replace or pickup within two (2) business days of notification of return. All returns must be at no additional cost to the State Agency. Opportunities, Inc. can request that the State Agency dispose of or keep the product in lieu of returning it. This can only be done if this will not result in the agency having to pay a disposal fee for the item and it is agreeable to the agency. Credit for returned goods shall be made immediately once Opportunities, Inc. receives the returned goods.

If any product is returned to Opportunities, Inc. for failure of performance, Opportunities, Inc. shall, at the State’s discretion, refund all amounts paid to Opportunities, Inc. for such product or replace the product, and the following shall apply:

· Opportunities, Inc. shall bear all shipping and insurance costs.

· Opportunities, Inc. shall be liable for damages to the product, unless caused by fault or negligence of the Agency that occur during the return process.

Opportunities, Inc. shall issue a credit to State the agency’s account as soon as items have been received by Opportunities, Inc.

8. Orders not paid with the purchasing card shall be invoiced and sent within five (5) business days after order has been received. Invoice shall include:

· Item number and description of delivered product;

· Unit price and total price for each product;

· Agency making the purchase;

· Delivery date;

· Agency’s purchase order number; and

· Opportunities, Inc.’s name and address to which the agency must send its payment.

9. Agencies shall pay properly submitted invoices within thirty (30) days of receipt of said invoice.

10. Opportunities, Inc. shall provide contact information (and a backup) to handle questions and resolve problems that arise. At least one Customer Service Representative shall be available during hours of 8:00 am – 4:30 pm Monday through Friday, excluding official State Holidays. Opportunities, Inc.’s representatives shall have access to information to provide immediate responses to inquiries concerning the status of orders (shipped or pending), delivery information, back-order information, statewide contract price, contracted product offerings/exclusions, and general product information. Representatives shall be available by email, fax or phone (local or 800 # preferred).

11. Opportunities, Inc. shall provide quarterly reports to the contract manager by the 15th of the months of January, April, July and October. Reports shall contain the following information:

· Name of Agency

· Order Date

· Item Number

· Item Description

· Unit Price

· Quantity Ordered

· Extended Price