DVA-GSA-2023_executed 7-28-23.pdf

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Agency Alternate Contract Source (ACS)

No. DVA-GSA-2023 For

General Services Administration Multiple Award Schedule

3. Purchases off this Agreement.

Upon execution of this Agreement, DVA may purchase products and services from vendors available on the MAS, provided DVA complies with the following:

a. State Term Contracts. Prior to requesting any quotes or making any purchase off the MAS, DVA shall determine in writing that the contractual services or commodities are not available on a State Term Contract, as defined in section 287.012, Florida Statutes.

b. Other Alternate Contract Sources. Prior to requesting any quotes or making any purchase off the MAS, DVA shall determine in writing that the contractual services or commodities are not available on another Alternate Contract Source established pursuant to section 287.042(16) or section 287.057(3)(b), Florida Statutes.

c. Requesting Quotes. DVA shall request quotes each time it desires to purchase contractual services or commodities off the MAS. The specific format for requesting quotes is left to the discretion of DVA. The requirements for requesting quotes shall be in accordance with applicable State of Florida statutes and rules. Agencies shall document the justification for any selection based on receipt of fewer than two quotes.

d. Best Value Determination. After receipt of quotes, DVA shall select the vendor offering the best value, after consideration of, at a minimum, the following terms (to the extent applicable): price, past performance, probable life of the item, warranty terms, maintenance availability, delivery terms, and trade-in considerations.

e. PUR 7102. For any purchase off the MAS that exceeds $10,000,000.00 for the initial term (excluding optional renewal terms), DVA shall submit to DMS a Form PUR 7102, Agency Request for Approval of Alternate Contract Source (ACS), for review and approval prior to completion of the purchase. DVA shall not separately procure portions of a project in a way that subverts this limitation.

f. Purchase Orders. If DVA uses MyFloridaMarketPlace (MFMP), DVA shall issue a Purchase Order through MFMP for all purchases made off the MAS. DVA shall ensure that the Purchase Order issued off the MAS complies with all legal requirements (such as inclusion of statutorily required terms and conditions).

g. Federal Ordering Guidance. Pursuant to 40 U.S.C. § 502(f), DVA shall use the MAS in accordance with the ordering guidance provided by the Administrator of the General Services Administration, including any restrictions on use or additional requirements contained therein.

h. Reporting. DVA shall provide DMS with detailed reports regarding MAS purchases on a quarterly basis, if requested by DMS. If requested, DVA shall include in such report, at a minimum, a brief description of each MAS purchase and a certification attesting to DVA’s compliance with the requirements set forth in this agreement. DVA shall

Agency Alternate Contract Source (ACS)

No. DVA-GSA-2023 For

General Services Administration Multiple Award Schedule submit these reports within the timeframe requested by DMS. DVA shall also provide DMS with any other records necessary to demonstrate compliance with the terms of this Agreement.

4. Primary Contacts.

DMS Agreement Manager:

Joseph Thomas Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399 Telephone: 850-488-8367 Email: joseph.thomas@dms.fl.gov

DVA’s Agreement Manager:

Wafaa Saliba, Purchasing Analyst Department of Veterans’ Affairs 11351 Ulmerton Rd.

Largo, Fl. 33778 Telephone: 727-530-3202 ext 5644 Email: wafaa.saliba@fdva.fl.gov

5. Modifications.

With the exception of changes to the names or contact information of the contacts listed in Section 4, Primary Contacts, above, any amendments to this Agreement must be in writing and signed by both Parties.

6. Termination.

a. Non-Compliance. DMS may terminate this Agreement if DVA fails to comply with any of the requirements specified in section 3, Purchases Off this Agreement, above. DMS shall provide DVA notice and an opportunity to cure such non-compliance issues at least thirty (30) calendar days prior to termination. DMS will issue a notice of termination if DVA fails to fully cure such noncompliance within thirty (30) calendar days following the date of a written notice of noncompliance. DMS’s failure to demand performance of any provision of this Agreement shall not be deemed a waiver of such performance. DMS’s waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this Agreement.

Brandon Spencer

7/28/2023 | 8:33 AM EDT

Director of State Purchasing