ATS 01620 Amds.pdf
PDF 431 KB Posted
- Attached to
- STATEWIDE CONTRACT WA|01620|W75908
- Contract number
- 01620
- Issued by
- Washington
About this file
This document is a series of contract amendments for Contract No. 01620 between the State of Washington's Department of Enterprise Services and Applied Technical Systems, Inc., a Washington corporation. The amendments were executed on May 1, 2022 (First Amendment) and March 1, 2024 (Second Amendment), modifying a Business Consulting Services contract that was originally effective March 1, 2022.
The amendments made several specific modifications to the original contract, including deleting certain language related to requirements for all categories, removing the "(exclusive of information technology projects)" clause from Category Management and Business Analysis services, deleting the Veteran-Owned Business section, and adding a comprehensive Nondiscrimination provision. The contract appears to be for business consulting services, with the amendments focusing on refining the scope, requirements, and legal provisions governing the contractual relationship between the state agency and the consulting firm.
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Text version
CONTRACT NO. 01620 - AMENDMENT NO. 1 Page 1 (4-24-2017)
State of Washington Contracts & Procurement Division Department of Enterprise Services
P.O. Box 41411 Olympia, WA 98504-1411
Applied Technical Systems, Inc.
9307 Bayshore Dr., Suite 301 Silverdale, WA 98383
FIRST AMENDMENT
TO
CONTRACT NO. 01620
BUSINESS CONSULTING SERVICES
This First Amendment (“Amendment”) to Contract No. 01620 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and Applied Technical Systems, Inc., a Washington Corporation (“Contractor”) and is dated as of May 1, 2022.
RECITALS
A. State and Contractor (collectively the “Parties”) entered into that certain Contract No. 01620 for Business Consulting Services dated effective as of March 1, 2022 (“Contract”).
B. The amendment set forth herein is within the scope of the Contract.
C. The Parties now desire to amend the Contract as set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract, as previously amended, as follows:
1. INCLUDED BUSINESS CONSULTING SERVICES. Exhibit A – Included Business Consulting Services of the Contract is hereby amended by deleting the following:
a. The second sentence from “Requirements for All Categories”, Number 8
b. The second sentence from “Requirements for All Categories”, Number 9
c. The language: “(exclusive of information technology projects)” from Category Management and Business Analysis, Services for Program Development
2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the
CONTRACT NO. 01620 - AMENDMENT NO. 1 Page 2 (4-24-2017)
Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
APPLIED TECHNICAL SYSTEMS, INC.
A WASHINGTON CORPORATION
By: ____________________________
Name: Felicia Hudlow
Title: CFO
Date: 04/22/22
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By: _____________________________
Name: Alexander Kenesson____________
Title: Procurement Supervisor_________
Date: _____________________________
04/28/2022
CONTRACT NO. 01620 - AMENDMENT NO. 2 Page 1 (Rev. 2023-12-12)
State of Washington Contracts & Procurement Division Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411
CONTRACT AMENDMENT
Contract No.: 01620
Applied Technical Systems, Inc.
9307 Bayshore Dr., Suite 301 Silverdale, WA 98383
Amendment No.: 2
Effective Date: March 1, 2024
SECOND AMENDMENT
TO
CONTRACT NO. 01620
BUSINESS CONSULTING SERVICES
This Second Amendment (“Amendment”) to Contract No. 01620 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Applied Technical Systems, Inc., a Washington Corporation (“Contractor”) and is dated as of March 1, 2024.
R E C I T A L S
A. Enterprise Services and Contractor (collectively the “Parties”) entered into that certain Contract No. 01620 for Business Consulting Services dated effective as of March 1, 2022 (“Contract”).
B. The Parties previously amended the Contract to delete the following language from Exhibit A – Included Business Consulting Services:
• The second sentence from “Requirements for All Categories”, Number 8
• The second sentence from “Requirements for All Categories”, Number 9
• The language: “(exclusive of information technology projects)” from Category Management and Business Analysis, Services for Program Development
C. The amendment set forth herein is within the scope of the Contract.
D. The Parties now desire to amend the Contract as set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract, as previously amended, as follows:
1. VETERAN-OWNED BUSINESS. Section 4.8 of the Contract (Veteran-Owned Business (If Applicable)) is hereby deleted in its entirety.
CONTRACT NO. 01620 - AMENDMENT NO. 2 Page 2
2. NONDISCRIMINATION. The following provision is added as a new subsection at the end of Section 14 of the Contract (General Provisions):
14.25. NONDISCRIMINATION.
(a) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.
(b) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to
RCW 49.60.530(3).
(c) Default. Notwithstanding any provision to the contrary, Enterprise Services may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Enterprise Services receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Enterprise Services may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
(d) Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Enterprise Services and/or Purchasers shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Enterprise Services and/or Purchasers for default under this provision.
3. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
CONTRACT NO. 01620 - AMENDMENT NO. 2 Page 3
4. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
5. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
6. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Amendment or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
APPLIED TECHNICAL SYSTEMS, INC.,
A WASHINGTON CORPORATION
By: _____________________________
Name: Jon Guidry
Title: Chief Financial Officer
Date: _____________________________
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By: __________________
Name: Tim Foitzik
Title: Procurement Supervisor
Date: 2/7/2024
2/9/2024
| Applied Technical Systems - Amd 1.pdf |
| RECITALS |
| AGREEMENT |
ATS 01620 Amd 2.pdf
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