Staples-Amendment3-PunchoutAudit-08-03-2023.pdf

CONTRACT AMENDMENT NO. 3

Contract No.: 44111513-17-01 Contract Name: Office Supplies

State Term Contract No. 44111513-17-01 Page 1 of 3

This Contract Amendment to Contract No. 44111513-17-01 (“Contract”) is made by and between the State of Florida, Department of Management Services (“Department”) and Staples Contract & Commercial LLC (“Contractor”), with its principal place of business located at 500 Staples Drive, Framingham, MA 01702, collectively referred to herein as the “Parties.”

WHEREAS the Parties entered into Contract No. 44111513-17-01 on April 18, 2017, for the provision of Office Supplies;

WHEREAS on February 20, 2017, Gulf Coast Office Products, Inc. assigned all of its rights and obligations under the Contract to the Contractor; and the Contractor was assigned the Contract on October 4, 2017; and

WHEREAS in accordance with section III of the Contract, upon mutual agreement, the Department and the Contractor may amend the Contract;

ACCORDINGLY, and in consideration of the mutual promises contained in the Contract documents, the Parties agree as follows:

I. Contract Amendment. The Contract shall be amended as follows:

a. Section XX of the Contract is hereby deleted in its entirety and replaced with the following:

Punch-out Catalog and Electronic Invoicing The Contractor shall supply a punch-out catalog. The punch-out catalog provides an alternative mechanism for suppliers to offer the State of Florida access to products awarded under the Contract. The punch-out catalog also allows for direct communication between the MyFloridaMarketPlace eProcurement System (MFMP) and a supplier’s ERP system, which can reflect real-time product inventory/availability information.

Through utilization of the punch-out catalog model, a Florida buyer will “punch out” to a Contractor’s website. Using the search tools on the Contractor’s Florida punch-out catalog site, the user selects the desired products and services. When complete, the user exits the Contractor’s punch-out catalog site and the shopping cart (full of products and services) is “brought back” to MFMP. No orders are sent to a Contractor when the user exits the Contractor’s punch-out catalog site. Instead, the chosen products and services are “brought back” to MFMP as Contract line items. The user can then proceed through the normal workflow steps, which may include adding/editing the items to a requisition or a purchase order. An order is not submitted to a Contractor until the buyer actually adds the line items to a requisition and the purchase order is approved and sent to the Contractor.

DocuSign Envelope ID: FBA456BC-81B5-471D-91ED-83A14F812D59

State Term Contract No. 44111513-17-01 Page 2 of 3

The Contractor shall adhere to all contract pricing associated with this contract and be responsive to addressing discrepancies identified during the punch-out catalog audit process.

The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MFMP. Electronic invoices shall be submitted to the agency through the SAP Business Network (formerly known as the Ariba Network) in one of three mechanisms as listed below.

Contractors can select the method that best meets their capabilities from the following list:

a. cXML (commerce eXtensible Markup Language)

This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the SAP Business Network for catalog and non-catalog products and services. The cXML format is the preferred method for eInvoicing.

b. EDI (Electronic Data Interchange)

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

c. PO Flip via SAP Business Network

The online process allows Contractors to submit invoices via the SAP Business Network for catalog and noncatalog products and services. Contractors have the ability to create an invoice directly from their Inbox in their SAP Business Network account by simply “flipping” the PO into an invoice. This option does not require any special software or technical capabilities.

For the purposes of this section, 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 the system the information outlined above. 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 the system 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.

The Contractor will work with the MFMP management team to obtain specific requirements for the Punch-out Catalog and Electronic Invoicing.

II. Conflict. Except as expressly amended and supplemented by this Amendment, the terms and conditions of the Contract will remain in effect unchanged. If and to the extent that any inconsistency may appear between the Contract and this Amendment, the provisions of this

Amendment shall control.

State Term Contract No. 44111513-17-01 Page 3 of 3

III. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment is effective when signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives.

State of Florida:

Department of Management Services

Contractor:

Staples Contract & Commercial LLC

By: _____________________________

By: _____________________________

Name: Pedro Allende Name:

Title: Secretary Title:

Date: Date:

7/28/2023 | 1:17 PM PDT

SVP Commercial Sales

John Geurin

8/3/2023 | 9:19 AM EDT