WS Acquisition LLC 17-FLEET-00737 - New Amendment.pdf

CONTRACT AMENDMENT

CONTRACT NO.

CONTRACT TITLE

THIS CONTRACT AMENDMENT (Amendment) is entered into by and between:

(Contractor also referred to as Vendor or Supplier), and the State of New Jersey, Department of the Treasury, Division of Purchase and Property (Division or State), whose address is 33 West State Street, Trenton, NJ 08625; the State and the Contractor may be referred to collectively as the “Parties”; and

WHEREAS the State awarded the above referenced Contract to the Contractor; and

WHEREAS, Periscope Holdings, Inc. (“Periscope”), the State’s eProcurement system vendor, and the State of New Jersey have implemented NJSTART and the Procurement Efficiency Program, which allows Using Agencies, including State Agencies and Cooperative Purchasing Participants to easily utilize State contracts;

WHEREAS the terms of the Contract permit the State and the Contractor to amend the terms of the Contract;

NOW THEREFORE, for good and valuable consideration, the Parties acknowledge and agree to the following modifications to the Contract:

A. Quarterly Sales Reporting - The Contractor shall submit a Sales Report documenting all sales made under the Contract. The Sales Report shall be submitted directly to Periscope no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

• Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter;

• Purchasing entity;

• Total of Procurement Efficiency Program Fee amount due for the reporting quarter;

• Such other information as the State may reasonably request;

• If no sales were made against this contract during the reporting quarter, then a report shall be submitted showing zero sales and zero Procurement Efficiency Program Fee due; and

• Quarterly Sales Reporting and remittance of the Procurement Efficiency Program Fee shall begin on the first calendar quarter starting after the effective date of the Contract.

B. Procurement Efficiency Program Fee - For all purchases made under this Contract, that have been invoiced, the Contractor shall remit the Procurement Efficiency Program Fee in the amount of one percent (1%) of all Purchases to Periscope acting on behalf of the State of New Jersey.

C. Remittance of the Procurement Efficiency Program Fee - On a quarterly basis, the Contractor shall remit the Procurement Efficiency Program Fee directly to Periscope no later than thirty (30) days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. Failure to remit the Procurement Efficiency Program Fee timely and accurately may result in Contract termination as outlined in the “Termination of Contract” clause of the State of New Jersey Standard Terms and Conditions.

D. NJSTART Marketplace Catalog Enablement- Contractor shall cooperate with State and/or Periscope as requested to upload catalog items and pricing consistent with this Contract. Contractor shall upload catalog within (thirty) 30 calendar days of the date of execution of this Amendment. Failure to cooperate will result in the Contractor’s good and/or services not being represented in the NJSTART Marketplace. The Contractor shall ensure that the catalog complies with the scope, and terms and conditions of this Contract. Any identified deviation from the Contract must be corrected immediately. Any catalog that does not comply with the scope and terms and conditions of this Contract can lead to a breach of contract and

17-FLEET-00737

T0106 - Law Enforcement Firearms Equipment and Supplies

WS Acquisition LLC. dba/Western Shelter Systems

Docusign Envelope ID: CCCC17CE-0501-4754-AA0D-EDC49E98FF28 will be escalated to the Division of Purchase and Property’s Contract Compliance and Audit Unit for review and possible action.

E. Retention and Inspection of Records and Audit - The Contractor shall keep records of all sales made to all Using Agencies in sufficient detail to enable the State to determine the Procurement Efficiency Program Fee payable by the Contractor. The State and/or Periscope may examine and audit, at its own expense, Contractor’s sales records and Sales Reports for completeness and accuracy. If such examination reveals underpayment of the Procurement Efficiency Program Fee, the Contractor shall immediately pay to Periscope the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Contractor shall reimburse the State and/or Periscope for the cost of the audit.

F. Terms and Conditions - The parties agree to be bound by all other requirements, terms and conditions of the Contract not otherwise modified by this Amendment for the period of the Contract.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their authorized representatives, agree that this Amendment may be executed in counterparts and is effective as of the last date signed below.

Signature of Contractor’s Authorized Representative Date

Name and Title of Contractor’s Authorized Representative

Amy Davis, Acting Director Division of Purchase and Property Department of the Treasury - State of New Jersey

Date

Nathan Neckels Digitally signed by Nathan Neckels Date: 2024.09.26 11:39:50 -07'00' 9/26/2024

Nathan Neckels-VP of Sales

September 30, 2024

The Procurement Efficiency Program Your Guide to Getting Started

Welcome!

What is the Procurement Efficiency Program (PEP)?

A new regulation effective as of

September 6, 2022, extends the mandatory fee to contracted suppliers for applicable State contracts.

In accordance with NJAC 17:12-1.5, and in partnership with Periscope, an mdf commerce company, the State of New Jersey has implemented the Procurement Efficiency Program (PEP) and PEP Fee.

You are receiving this PEP Benefits Packet to ensure you are aware of the PEP and related benefits and requirements.

Fees such as those collected through the PEP to fund and optimize procurement operations, support vendors, and cooperative programs are very common across the U.S.

Vendors paying the 1% fee will be provided support to remain compliant with reporting and remittance requirements.

Additionally, eligible vendors will load their catalogs of products or services for searching and ordering in the NJSTART Marketplace. Many of those vendors can also benefit from promotional campaigns to public sector buyers.

https://www.nj.gov/treasury/purchase/pdf/NJAC1712.pdf

Welcome!

Let’s Get Started!

NJSTART was developed in partnership with Periscope, an mdf commerce* company, to streamline the process of selling to New Jersey governments. The State of New Jersey is trusting Periscope to manage the PEP and Marketplace for both New Jersey agencies as well as vendors such as yourself.

We strive to work with each vendor participating in NJSTART to maximize their New Jersey contract sales, meet their business goals within the scope of their awarded SONJ contract, and stay in compliance with your PEP reporting and remittance requirements.

*Periscope, an mdf commerce company, is the developer and implementer of the epro eprocurement system (currently branded as NJSTART in New Jersey). Periscope manages the NJSTART PEP with a dedicated account management team in conjunction with the State of New Jersey. mdf commerce, Periscope’s parent company, is a leader in North American eprocurement.

6 Steps to Success

These 6 simple steps will ensure your participation in NJSTART is as successful as possible. Throughout this document, we cover a few of these steps in more detail to help you get the most of your state contract.

Let’s get started!

Step 1 Onboarding

With personalized training, handy guides, and short step-by-step tutorial videos we make it easy to get started.

Step 2 Upload your catalog If your contract is eligible for the NJSTART Marketplace, our dedicated NJSTART Catalog Implementation Specialist will work with you to load the items from your state-approved contract into the Marketplace.

Step 3 Define your goals The flexibility of the NJSTART system means that you can define your own goals within the scope of your SONJ contract. We’ll work with you to meet them.

Step 4 Market your contract If your contract is eligible, Periscope will work with you to promote your contract and get it in front of the right buyers.

Step 6 Quarterly reporting Done online through Reconciler, NJSTART’s easy-to-use online reporting tool.

Step5 Receive Orders

After the first 4 steps have been completed, it is time to start seeing an increase in your sales!

Loading Your Catalog in the Marketplace Whether you are selling goods or services, your catalog in Marketplace is how you present your business to Government Buyers, so it is essential to spend time ensuring it is as compelling and accurate as possible.

Incomplete Marketplace Catalog

• Content missing images

• Harder for local agencies to find your contracted line items

Complete Marketplace Catalog

• All content uploaded

• Better purchasing experience for local agencies

Who Can Utilize Your Contract?

To find out who can utilize your contract, be sure to review your contract with the State of New Jersey. For those vendors awarded Statewide Contracts, you can sell to all State of New Jersey Agencies and New Jersey Cooperative Purchasing Program Entities, most of which are listed below.

• Municipalities

• School Districts

• Volunteer First Aid and

Rescue Squads

• Independent Authorities

• Quasi-State Agencies

• Counties

• Volunteer Fire Departments

• County and State Colleges

• Independent Institutions of

Higher Education

Tip: The easiest way to get a compelling catalog is to include images for each item on your contract. See below for an example.

www.state.nj.us/treasury/purchase/coop_agency.shtml

PEP Fee & Quarterly Reporting

A 1% PEP fee is applied to all purchases from your State Contracts.

A new regulation effective as of

September 6, 2022, extends the mandatory fee to contracted suppliers for applicable State contracts.

Participating State contract suppliers are required to report their net sales on a quarterly basis and pay their PEP fee directly through NJSTART via our Reconciler tool, the easy-to-use online reporting tool.

Marketing Your Contract We take the responsibility of marketing your contract seriously. If your contract is eligible for marketing opportunities, we consistently communicate with New Jersey Government Buyers to generate awareness of the types of contracts they have access to and educate them on how to navigate and use NJSTART and the NJSTART Marketplace.

Our Marketing Campaigns Include:

Email Blasts to NJ Government Buyers

These occur on at least a monthly basis.

We promote NJSTART contracts thru “themes”, for example “Fire Safety” or

“Back to School”

Webinars We regularly provide webinars to

NJ Government Buyers to promote NJSTART Marketplace. We invite suppliers to participate based on our promotional “themes”

Tradeshows NJSTART Banner for your Booth

Logo & Promo Flyer in our Booth

Connections We connect buyers with suppliers! Our team provides buyer support to all state and local purchasing organizations that leverage your State contract.

Additional Resources

Contact Us Please don’t hesitate to contact your Account Manager for help at any stage of this process.

Supplier Support Contact us by phone or email, toll free at:

855-800-5046 suppliers-njstart@mdfcommerce.com www.NJSTART.gov

General NJSTART Info

NJSTART News & Events

Reporting Guidelines

Reconciler User Guide (PDF)

Cooperative Purchasing in New Jersey

NJ Division of Purchase and Property Vendor Resources

Docusign Envelope ID: CCCC17CE-0501-4754-AA0D-EDC49E98FF28 https://www.periscopeholdings.com/njstart?p=njstart https://www.periscopeholdings.com/njstart/updates-and-news https://www.periscopeholdings.com/assets/uploads/misc/NewJersey-Convenience-Fee-Guide.pdf https://www.nj.gov/treasury/purchase/coop_agency.shtml https://www.periscopeholdings.com/assets/uploads/misc/NewJersey-Convenience-Fee-Guide.pdf https://www.nj.gov/treasury/purchase/index.shtml https://www.nj.gov/treasury/purchase/index.shtml https://1890889.fs1.hubspotusercontent-na1.net/hubfs/1890889/NJSTART_SupplierReporting&PaymentOverview_2023.10.pdf