Attachment A - Scope of Work.pdf

Contract No. 93131800-23-STC Page 1 of 13 Food, Water, and Ice for Emergency Operations

Attachment A

Scope of Work

1 Purpose To provide Customers with Food, Water, and Ice for Emergency Operations on a statewide basis, pursuant to the terms set forth in this Scope of Work.

The Food, Water, and Ice for Emergency Operations available through this Contract shall be classified under the following Categories: Food, Water, and Ice.

2 Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment G, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense.

Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. Eastern Time.

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Category – The type of Products to be provided under this Contract. The Categories are Food, Water, and Ice, respectively.

Commodity – As defined in section 287.012(5), F.S., including Food, Water, or Ice delivered under this Contract. The term Commodity may be used interchangeably with the term Product.

Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services.

Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law.

Contract – The written agreement between the Department and the Contractor.

Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor.

Contractor – A Vendor that enters into a Contract with the Department.

Customer – A State Agency or Eligible User.

Contract No. 93131800-23-STC Page 2 of 13

Department – The Department of Management Services (DMS), a State Agency.

Eligible User – As defined in Rule 60A-1.001, F.A.C.

Food Grade Ice – Ice that meets minimum standard for human consumption and is permitted to come in contact with food. Food Grade Ice must meet State and federal standards for consumption. All Ice provided under this Contract shall be Food Grade Ice. The term Food Grade Ice may be used interchangeably with the term Ice.

Potable Water – Treated water that is safe for human consumption and food preparation.

Potable Water must meet State and federal standards for consumption. All water provided under this Contract shall be Potable Water. Potable Water is further described and explained in section 3.2 of this Scope of Work.

Shelf Stable Meals – Non-perishable meals that can be safely stored at room temperature. All meals provided under this Contract shall be Shelf Stable Meals. The term Shelf Stable Meals may be used interchangeably with the term Meals.

State – The State of Florida.

Truckload – A Truckload (TL) is the amount of Product that can be transported on a standard 53’ tractor trailer. The standard pallet count for each Commodity is provided below:

Potable Water – Between 20 and 22 pallets of Potable Water per TL Food Grade Ice – Between 20 and 24 pallets of Food Grade Ice per TL Shelf Stable Meals – Between 50 and 52 pallets of Shelf Stable Meals per TL

Tank Trailer – A Tank Trailer for Bulk Potable Water with a capacity between 5,000 and 6,000 gallons (18,927 – 22,712.4 liters). Bulk Potable Water shall have the same meaning as Tank Trailer.

Unit(s) – A standard measurement of a single quantity for each Commodity. The standard Unit of measurement for each Commodity is included below:

Potable Water – one liter; all pricing shall be per liter Food Grade Ice – one pound; all pricing shall be per pound Shelf Stable Meals – one meal; all pricing shall be per meal

3 Product Specifications The Contractor is responsible for ensuring all Products delivered under this Contract comply with State and federal Product requirements. The Contractor shall obtain and maintain records to specify that all Products comply with State and federal requirements. If requested, the Contractor shall provide these records to the customer within six hours of the request.

All Commodities shall be ordered and delivered in TL increments.

In the event a Contractor wishes to also offer any sizes for any of the Products other than those required by Attachment C, Cost Proposal, then Contractor shall include them in Contractor’s submitted Attachment C, Cost Proposal. If no other sizes are included in Contractor’s submitted Cost Proposal and the Contractor wishes to offer additional sizes after Contract execution, then any additional sizes shall be priced at no higher than the lowest per unit price for the required sizes for the Product as included in the Contractor’s submitted Cost Proposal.

Contract No. 93131800-23-STC Page 3 of 13

3.1 Food

Each Meal must contain a minimum of 1,020 calories. Each Meal must include a minimum of an entrée, side item, and dessert. Meals must be individually packaged and nutritionally balanced.

Meals may be low or reduced sodium Meals. Meals may include flameless ration heater or other self-heating food packaging as needed. Freeze dried Meals are not acceptable. At a minimum, the Meals shall have a shelf life of at least three (3) years from the delivery date. The expiration date must be printed on the case.

3.2 Water

3.2.1 Bottled Water

Bottled Potable Water may be stored in plastic bottles of various sizes. Bottled Potable Water shall not be in containers larger than one liter. Thin wall bottles are not preferable due to potentially rough handling situations but are acceptable. The Contractor may offer extended shelf life water, and must be identified in Attachment C, Cost Proposal. Due to the variance in size and packaging configurations, Potable Water shall be priced as “Price per Unit.”

3.2.2 Bulk Potable Water

This information is specific to Bulk Potable Water delivered in tankers, which is separate from Bottled Water identified in section 3.2.1. Vendors awarded the Water Category may offer Bulk Potable Water on this Contract. Although not required, in the event the Contractor wishes to offer Bulk Potable Water under this Contract, Contractor shall include Bulk Potable Water pricing in its submission of Attachment C, Cost Proposal. Bulk Potable Water provision is not a requirement and will not be scored; however, if Contractor includes Bulk Potable Water pricing then the Contractor shall adhere to the pricing in Attachment C, Cost Proposal for all Bulk Potable Water provided under this Contract.

A standard food-grade Bulk Potable Water tanker contains between 5,000 - 6,000 gallons (18,927 – 22,712.4 liters). Tankers delivering Bulk Potable Water must adhere to all State and federal guidelines for safety and cleanliness at all times.

3.3 Ice

Food Grade Ice shall be stored in bags ranging in size from 7 lbs. to 12 lbs. At the Customer’s sole discretion, bags larger than 12 lbs. may be permitted. Due to the variance in size and packaging configurations, Food Grade Ice shall be priced as “Price per Unit.” All trailers transporting Food Grade Ice under this Contract must be refrigerated.

3.4 Testing

Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with all applicable State and federal rules and regulations as well as the requirements, specifications, terms, and conditions of this RFP and Contract.

3.5 Contractor’s Guarantee

The Contractor shall ensure that the Products delivered under this Contract comply with all applicable State, local, and federal requirements. The Products shall be valid and comply with all applicable requirements through the expiration date for each Product.

Contract No. 93131800-23-STC Page 4 of 13

If a Product is recalled, defective, or is found not to comply with the State, local, or federal requirements through the expiration date, the Contractor shall provide a full refund to the Customer. Other remedies may be available at the sole discretion of the Customer.

4 Emergency Management Experience

4.1 Time is of the Essence

The Contractor shall provide Food, Water, and Ice for Emergency Operations. It is important that the Contractor be able to reliably deliver these life-saving and life-sustaining Commodities in a timely and efficient manner. This Contract is primarily for emergency use and the Contractor must demonstrate an understanding of the importance of timely delivery and coordination for these Commodities.

The Contractor should have experience providing these Products in the aftermath of disasters and emergencies. The Contractor must be capable of responding to a wide variety of emergency events, which can include but are not limited to Flood, Hurricanes, Tropical Cyclones, Wildfire, and Pandemic. This Contract requires immediate response, with timely production, delivery, and reporting by the Contractor. The Contractor shall be responsible for all management and operations required to meet the requirements identified in this Contract. This includes, but is not limited to, order tracking, packing, delivery, and reporting.

4.2 Timely Delivery and Start of Service

Purchase order issue times, delivery time, and start of service shall be expressed in local time at the delivery sites. Immediately after receipt of a Customer’s Purchase Order, the Contractor shall confirm with the Customer the delivery address and the Customer’s on-site Representative, and shall appoint a Contractor Liaison as identified in Section 5.1.

At the Customer’s sole discretion, the Contractor may commence delivery or start of service early. This must be mutually agreed upon by both parties and confirmed in writing by the Customer.

5 Emergency Operations Center Coordination The Contractor must coordinate with the Customer and the applicable Emergency Operations Center to ensure the timely delivery of Commodities.

5.1 Contractor Liaison

After the receipt of a Purchase Order, the Contractor shall immediately designate a Contractor Liaison to serve as a liaison between the Customer and the Contractor. The Contractor shall provide the name, title, phone number, and email address of Contractor Liaison to the Customer. The Contractor Liaison is the Contractor’s representative that understands all of the requirements of this Contract and can resolve issues related to performance and administration of orders under this Contract.

The Contractor Liaison shall be on call 24 hours a day seven days a week and is required to immediately respond to Customer inquiries until all units ordered are delivered or the Customer determines there is no longer a need for coordination. The Customer may request an on-site representative for the Emergency Operations Center or at another location identified by the Customer. Additionally, the Contractor may be required to attend training or orientation required by the Customer at no additional cost to the Customer.

Contract No. 93131800-23-STC Page 5 of 13

5.2 Reporting Requirements

At a minimum, the Contractor Liaison shall provide the Customer with a daily report of the outstanding orders for all purchase orders issued. The Customer may request reports, with which the Contractor shall comply, at a more frequent time interval. At a minimum, the daily report shall include the following:

• Total units delivered to date

• Total units outstanding

• Estimated delivery schedule for outstanding units

The Customer may identify additional information which shall be included in the report. The Customer will notify the Contractor in writing of any additional reporting requirements.

6 Order Management and Tracking

6.1 Request for Quote Requirements

Customers shall use a Request for Quote per section 287.056(2), Florida Statutes, when making purchases off this State Term Contract. Customers shall order Products and services from the Request for Quote with the Customers’ selected Contractor.

The terms of the Customer’s purchase shall not conflict with the terms and conditions established by this Contract. In accepting a Customer’s Purchase Order, the Contractor recognizes its responsibility for all tasks and deliverables contained therein, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof.

6.2 Commodity Packing

Due to the rapidly changing needs during an emergency response, it is possible that Commodities may be moved several times, double stacked for storage, or stored outside during all types of weather. As such, the Contractor must package Products to prevent spoliation and adhere to the minimum packing requirements:

• Bottled Water shall be packed in cases. Food-Grade Ice shall be packed in bags. Food shall be packed in cases.

• All Commodities shall be shipped on pallets, except for Bulk Potable Water deliveries.

• Pallets will be sufficiently wrapped for safe transportation and multiple relocations.

• Pallets shall be designed to be picked up with a standard forklift from all four sides.

• The Contractor shall ensure that the Commodities are packaged to withstand handling as described above, as well as severe climates.

• The Customer shall not be responsible for return of pallets. Pallets will be disposed of at the Customer’s discretion. Specialized pallets should not be used.

Customers may add additional packing requirements for each order. The Customer must specify any additional packaging requirements in the Purchase Order.

6.3 Pallet Labeling

Each pallet of Food, Water, and Ice for Emergency Operations shall have labels attached on at least one side of each pallet. At a minimum, each pallet label shall include the following information in clear, legible text:

• Contractor name

• Type of Commodity

• Purchase Order (PO) number

• Mission number

Contract No. 93131800-23-STC Page 6 of 13

• Units per package (liters, lbs., etc.)

• Total Units on pallet

• Expiration date

Customers may add additional pallet labeling requirements for each order. The Customer must specify any additional requirements in the Purchase Order.

6.4 Invoices

The Contractor shall submit invoices for deliveries under this contract within 30 days of delivery.

At a minimum, the invoice shall include the following:

• Contractor Name

• Purchase Order Number

• Mission Number

• Total Units Delivered

• Bills of Lading for each TL delivered

Customers may require additional information for invoices submitted under this Contract. The Customer must specify any additional information requirements in the Purchase Order.

6.5 Product Returns

The Contractor may elect to accept Product returns of full undamaged pallets of Commodities for a full or partial refund. If the Contractor offers Product returns, the Contractor must indicate this on the quote to the Customer. A restocking fee may be assessed and shall be subtracted from the Customer’s return refund. The restocking fee shall not exceed 10% of the product price under this Contract. The restocking fee must also be identified and set in the quote provided to the Customer prior to the purchase.

In addition to a restocking fee, the Contractor may charge the Customer the Transportation Allowance for Product returns. The Transportation Allowance will be calculated as identified in Section 7.2 and subtracted from the Customer’s return refund. The Contractor shall not charge a Transportation Allowance on Product returns if the Customer provides transportation to the Contractor’s identified return site. The Transportation Allowance and restocking fee shall not exceed the total invoiced amount for the returned Commodities.

6.6 Recalled Commodities

In the event there is a recall of any Commodity offered on the Contract, or any part or component of a, or any parts incorporated into the Commodity, the Contractor shall provide assistance to the Department and Customers in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Contractor shall immediately notify Customer if it becomes aware of any recall that is applicable to any of the Commodities which have been ordered or provided. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer all assistance in locating and obtaining any Commodities. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure recalled Commodities are rectified, replaced or destroyed in compliance with all applicable laws, rules or regulations and the Department's instructions. All efforts relating to Recalled Commodities shall be at the Contractor’s expense.

Contract No. 93131800-23-STC Page 7 of 13

7 Transportation Management The Contractor shall comply with all applicable Federal, State, and local laws for Products and services delivered under this Contract. All trailers transporting Food Grade Ice shall be refrigerated trucks.

7.1 Bills of Lading

Each TL delivered shall include a Bill of Lading (BOL). The BOL must be complete and accurate at the time of delivery. At a minimum, the BOL shall include the following information in clear, legible text:

• Contractor Name

• Purchase Order Number

• Mission Number, when applicable

• Type of Commodity

• Total Units delivered with the TL

• Date and time the truck is dispatched with the Commodities

• Date and time the truck has been released by the Customer’s on-site representative

• A section for the Customer to sign off to indicate delivery acceptance

Customers may require additional information for pallets or BOLs for each order. The Customer must specify any additional information requirements in the Purchase Order.

7.2 Transportation Allowance

The Transportation Allowance is a daily per TL not-to-exceed price that shall include fuel, transportation, tracking, tolls, taxes, fees, and any other costs associated with the delivery. In Attachment C, Cost Proposal, the Contractor shall identify a daily per TL Transportation Allowance that may be charged. The estimated Transportation Allowance shall be included in any quote provided to the Customer. The Transportation Allowance may be charged for the amount of days as Authorized by the Customer’s Purchase Order.

The Transportation Allowance shall only be charged the calculated rate once per TL. The Transportation Allowance is calculated at a daily rate on a 24-hour basis, starting when the truck is dispatched from the loading dock with the Commodities. Per Section 7.1, Bills of Lading, this information shall be included in the Contractor’s BOL. The time calculation ends when the delivery is complete, per Section 7.6, Delivery Acceptance. The Customer shall record and verify the delivery completion time on the Bill of Lading. A few examples of how the Transportation Allowance rate is calculated are listed below:

• A delivery is dispatched at 4:00 AM and arrives at the Customer’s final destination at 10:00 AM on the same day. The Contractor may charge one day of the Transportation Allowance.

• A delivery is dispatched at 6:00 AM and arrives at the Customer’s final destination at 6:00 PM on the same day. The Contractor may charge for one day of Transportation Allowance.

• A delivery is dispatched at 10:00 PM and arrives at the Customer’s final destination at 4:00 AM the next day. The Contractor may charge for one day of Transportation Allowance.

• A delivery is dispatched at 5:00 AM and arrives at the Customer’s final destination at 10:00 AM the next day. The Contractor may charge for two days of Transportation

Contract No. 93131800-23-STC Page 8 of 13

Allowance.

7.3 Transportation Tracking

Each truck shall be equipped with Global Positioning System (GPS) tracking or a remote monitoring device to report the truck’s location in real time. The Contractor must maintain these tracking capabilities on all deliveries from the point of origin to the Customer’s final destination.

The Contractor shall provide real-time delivery updates on all TLs at the Customer’s request.

The Contractor shall monitor the Commodity deliveries and notify the Customer if any issue arises that prevent a timely delivery. The Contractor shall maintain the following information for each TL for outstanding orders:

• Units of Commodities

• Estimated delivery date and time

• Name and addresses of transportation companies

• Point(s) of contact including cell phone numbers for the transportation companies

• Name and cell phone number for each truck driver

The Customer may request the Contractor to provide this information at any time.

7.4 Driver Communication

The Customer may need to re-route deliveries to alternative delivery sites due to weather, roadway conditions, or changes in operational needs. The Contractor shall establish and maintain good communication with all truck drivers at all times during transport. Re-routed deliveries will accrue time towards the calculated Transportation Allowance as identified in Section 7.2.The Contractor must be able to communicate with the drivers to control and redirect deliveries at the Customer’s request. The truck drivers are required to respond to any requests from the Contractor within one hour of initial contact.

7.5 Delivery Procedures

Upon arrival at the Customer’s delivery location, the Contractor’s truck driver shall report to the Customer’s on-site representative for further instructions. The driver shall not offload Products until instructed to do so by the Customer’s on-site representative. The driver shall remain with their truck at the delivery site until released by the Customer’s on-site representative.

7.6 Delivery Acceptance

The Contractor shall ensure that every delivery is properly packed, shipped, and labeled in accordance with the requirements identified in this Contract. A delivery is complete only when the Contractor has received written acceptance from the Customer, the shipment is unloaded, and the truck driver has been released by the Customer’s on-site representative at the final destination. The completed delivery time shall be identified on the BOL, and signed off by the Customer’s on-site representative.

The Customer reserves the right to refuse shipments that do not adhere to the requirements identified in this Contract at no cost to the Customer. The Customer shall notify the Contractor Liaison in writing of any issues with packing and shipment that result in a delivery refusal.

The Contractor is responsible for resolving the issue at their sole expense. The refused delivery shall be replaced with the correct Products, or the Customer shall be refunded or credited the full purchase price. No restocking fee or Transportation Allowance shall be paid if the refused

Contract No. 93131800-23-STC Page 9 of 13 delivery is not replaced with the correct Products. The issue(s) must be resolved before attempting to re-deliver to the Customer. The Customer may cancel the order, and any other pending orders of similar Commodities, after a delivery is refused, and the Customer must notify the Contractor of order cancellation within 24 hours of the refused delivery.

8 Supply Chain and Product Availability The Contractor shall establish and maintain a reliable and efficient supply chain for all awarded Products. This includes all the necessary components to meet the Customer’s requests and requirements included in this Contract. Supply chain components may include transportation, warehousing, contract administration services, and logistical services.

The Contractor’s supply chain shall be able to provide the awarded Categories of Food, Water, and Ice for Emergency Operations at the Customer’s request within 24 hours of purchase order issuance. In addition, the Contractor must have the ability to increase the volume of Product deliveries over 24-hour intervals and provide a continuous supply to the Customer over at least a two-week period.

8.1 Product Delays

If the Contractor experiences supply chain issues that impact the timely delivery of Commodities, the Contractor must immediately notify the Customer. The Contractor shall identify a plan for correction and provide a revised delivery schedule to the Customer.

If the Contractor cannot deliver Food, Water, and Ice for Emergency Operations to the Customer within 24 hours of purchase order issuance for any reason, the Customer may cancel the order at no charge. The Customer must notify the Contractor in writing of a cancelled order.

9 General

9.1 Price Adjustments

Prices shall remain firm for the first 12 months of the Contract. Contractors may request a price increase 12 months after the start date of the initial term, and thereafter, no earlier than 12 months after the effective date of the previous price adjustment. The price increase request must be submitted 30 days before the expiration of the Contract in writing to the Department’s Contract Manager. The Contractor shall not request, and the Department will not approve, more than one request for a price increase for each subsequent year.

The Department is under no obligation to approve a price increase request. In the event that a request for price increase is denied, the Contractor will remain obligated to perform pursuant to the terms of the Contract.

Price increase requests must be supported by a change in the Producer Price Index (PPI) for the Series ID “PCUADLVWRADLVWR Delivery and Warehouse Industries.” The change in PPI shall be calculated using the percent change in PPI for the month which the Contract term began and the latest available PPI at the time of the price adjustment request. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS) and is available at https://www.bls.gov/data/. Any price increases shall not exceed the percent change in PPI or 5%, whichever is less.

A price adjustment does not constitute a change to the Contract requiring an amendment executed by both Parties. After the Department approves a price adjustment in a written https://www.bls.gov/data/

Contract No. 93131800-23-STC Page 10 of 13 communication to the Contractor, it will incorporate the price adjustment onto the price sheet listed on the State Purchasing Contract website. Price adjustments may not be applied retroactively.

9.2 Punchout Catalog and Electronic Invoicing

The Contractor is encouraged to provide an MFMP punchout catalog.

The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract.The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information.

The punchout catalog enables Florida buyers to “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site, and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding, deleting, and editing Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details.

The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below:

1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (EDI 810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Business Network (formerly known as Ariba Network) for catalog and non-catalog goods and services.

2) PO Flip via BN This online process allows Contractors to submit invoices via the BN for catalog and non-catalog goods and services. Contractors are able to create an invoice directly from their inbox in their BN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities.

The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

9.3 MFMP Transaction Fee Report

The Contractor is required to submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.myflorida.com/business_operations/state_ https://www.dms.myflorida.com/business_operations/state_%E2%80%8Cpurchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting

Contract No. 93131800-23-STC Page 11 of 13 purchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting. Assistance with transaction fee reporting is also available by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time.

9.4 Quarterly Sales Reports

The Contractor shall submit a Quarterly Sales Report in the manner and format required by the Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales Report template can be found here:

https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quart erly_sales_report_format.

Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website are the responsibility of the Contractor without prompting or notification by the Department. If no sales are recorded during the period, the Contractor shall confirm that there was no reportable activity in the manner required by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract.

Quarter 1 – (July-September) – due 30 calendar days after the close of the period.

Quarter 2 – (October-December) – due 30 calendar days after the close of the period.

Quarter 3 – (January-March) – due 30 calendar days after the close of the period.

Quarter 4 – (April-June) – due 30 calendar days after the close of the period.

9.5 Certified and Minority Business Enterprises Reports

Upon Customer request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises in the provision of Commodities or services related to the Customer orders. These reports shall include the period covered, the name, minority code, and Federal Employer Identification Number of each minority business utilized during the period;

Commodities and services provided by the minority business enterprise, and the amount paid to each minority business enterprise on behalf of the Customer.

9.6 Ad Hoc Reports

The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the form acceptable to the Department within the timeframe specified by the Department.

9.7 Financial Consequences

The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant Contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties.

https://www.dms.myflorida.com/business_operations/state_%E2%80%8Cpurchasing/myfloridamarketplace/mfmp_vendors/transaction_fee_and_reporting mailto:feeprocessing@myfloridamarketplace.com https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quarterly_sales_report_format

Contract No. 93131800-23-STC Page 12 of 13

The financial consequences below will be paid by the Contractor and received by the Department of Management Services within 30 calendar days from the due date specified by the Department.

These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter.

Failure to timely provide Quarterly Sales Reports, transaction fee reports, or other reports as required will result in the imposition of financial consequences and repeated failures or non- payment of financial consequences owed under this Contract may result in the Contractor being found in default and the termination of the Contract.

No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract.

Business Review Meetings Both the Department and Customer reserve the right to schedule business review meetings, which Contractor shall attend either virtually or in person. The Department or Customer may specify the

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance

Contractor will timely submit complete Quarterly Sales Reports

All Quarterly Sales Reports will be submitted timely with the required information

Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter

$250 per day late

Contractor will timely submit complete MFMP Transaction Fee Reports

All MFMP Transaction Fee Reports will be submitted timely with the required information

Completed reports are due on or before the 15th calendar day after the close of each month

$100 per day late

Contractor shall provide BOLs for all deliveries

All TLs shall include BOLs with the required information

Complete and accurate BOLs are due with each TL at the time of delivery

$50 for each TL delivered without a

BOL

Contractor shall correctly label all pallets

All pallets shall be labeled with the required information

Complete and accurate pallet labels shall be on the pallet at the time of delivery

$50 for each pallet without a label

Contractor shall deliver Products within 24 hours to the Customer

Contractor shall deliver Products to the Customer within 24 hours of PO issuance, unless otherwise stated by the Customer in a PO

Contractor shall delivery Products to the Customer within 24 hours of PO issuance, unless otherwise stated by the Customer in a PO

$250 per day late

Contract No. 93131800-23-STC Page 13 of 13 format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics:

a. Contract compliance.

b. Contract savings (in dollar amount and cost avoidance)

c. Spend reports by Customer

d. Recommendations for improved compliance and performance

1 Purpose