FDACS-GSA-2023_executed 6-26-23.pdf

Agency Alternate Contract Source (ACS) No. FDACS-GSA-2023

For General Services Administration Multiple Award Schedule

This Agency Alternate Contract Source No. FDACS-GSA-2023, General Services Administration Multiple Award Schedule (Agreement), is between the Department of Management Services (DMS), an agency of the State of Florida (State), located at 4050 Esplanade Way, Tallahassee, FL 32399; and the Department of Agriculture and Consumer Services (FDACS), also an agency of the State, located at 407 South Calhoun Street, Tallahassee, FL 32399; collectively referred to herein as the “Parties.”

WHEREAS, DMS is authorized by section 287.042(16), Florida Statutes:

To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined by the Secretary of Management Services in writing to be cost-effective and the best value to the state, to enter into a written agreement authorizing an agency to make purchases under such contract;

WHEREAS, the federal government, through its General Services Administration, competitively procured the contracts available under the Multiple Award Schedule (MAS);

WHEREAS, the federal government, through 40 U.S.C. § 502, provided for use of the MAS by state governments; and

WHEREAS, the DMS Secretary evaluated the MAS and determined that use of the MAS is cost-effective and the best value to the State.

NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term and Effective Date.

This Agreement will become effective on June 1, 2023, or on the date signed by all Parties, whichever is later. The Agreement will expire on June 30, 2030, unless terminated earlier or renewed by the Parties.

2. Scope.

This Agreement includes the entire scope of the products and services available to FDACS under the Cooperative Purchasing Program for the MAS.

DocuSign Envelope ID: 7E971FC0-6C0A-40D5-9E8F-1B3449846786

3. Purchases off this Agreement.

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

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

c. Requesting Quotes. FDACS 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 FDACS. 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, FDACS 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), FDACS 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. FDACS shall not separately procure portions of a project in a way that subverts this limitation.

f. Purchase Orders. If FDACS uses MyFloridaMarketPlace (MFMP) for the issuance of its Purchase Orders, FDACS shall issue a Purchase Order through MFMP for each purchase made off the MAS. FDACS shall ensure that the Purchase Orders issued off the MAS comply 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), FDACS 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. FDACS shall provide DMS with detailed reports regarding MAS purchases on a quarterly basis, if requested by DMS. If requested, FDACS shall include in such report, at a minimum, a brief description of each MAS purchase and a certification attesting to FDACS’s compliance with the requirements set forth in this agreement.

FDACS shall submit these reports within the timeframe requested by DMS. FDACS 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

FDACS’s Agreement Manager:

Michelle Faircloth Department of Agriculture and Consumer Services 407 South Calhoun Street, MS M-4 Tallahassee, Florida 32399 Telephone: 850-617-7028 Email: Michelle.Faircloth@FDACS.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 FDACS fails to comply with any of the requirements specified in section 3, Purchases Off this Agreement, above.

DMS shall provide FDACS 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 FDACS 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.

b. Mutual agreement. The Parties may terminate this Agreement by mutual agreement in writing.

c. Execution of Participating Addenda. DMS may terminate this Agreement if DMS establishes agency purchasing authority off the MAS by entering into Participating Addenda with MAS vendors.

7. Governing Law and Jurisdiction.

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. A state court of competent jurisdiction in Leon County, Florida, shall be the exclusive venue for any action regarding this Agreement.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized undersigned officials.

DEPARTMENT OF AGRICULTURE DEPARTMENT OF MANAGEMENT SERVICES

AND CONSUMER SERVICES

Date: Date:

Director of Administration

Joey B. Hicks

6/23/2023 | 8:37 AM EDT

Director of State Purchasing

Brandon Spencer

6/26/2023 | 4:41 PM EDT