Rhino Medical Supply, Inc.

expired opportunity(Expired)
From: Vermont(State)
43304

Basic Details

started - 20 Jan, 2022 (about 2 years ago)

Start Date

20 Jan, 2022 (about 2 years ago)
due - 26 Jan, 2024 (2 months ago)

Due Date

26 Jan, 2024 (2 months ago)
Contract

Type

Contract
43304

Identifier

43304
Agency of Administration

Customer / Agency

Agency of Administration
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Contract # 43304 Revised November 10, 2021 Page 1 of 9 STANDARD CONTRACT 1. Parties. This is a contract between the State of Vermont, Department of Buildings and General Services (hereinafter called “State”), and Rhino Medical Supply, Inc., with a principal place of business in Columbia, SC, (hereinafter called “Contractor”). Contractor’s form of business organization is corporation. It is Contractor’s responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is commodities generally on the subject of COVID Rapid Antigen and/or Molecular Diagnostic tests, and protective masks. Detailed requirements to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions
specified in Attachment B, a sum not to exceed $5,000,000.00. 4. Contract Term. The period of contractor’s performance shall begin on January 27, 2022 and end on January 26, 2024, with two options to renew, of one year each. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination/Cancellation/Rejection. The State specifically reserves the right upon written notice to immediately terminate the contract or any portion thereof at no additional cost to the State, providing, in the opinion of its Commissioner of Buildings and General Services, the products supplied by Contractor are not satisfactory or are not consistent with the terms of this Contract. The State also specifically reserves the right upon written notice, and at no additional cost to the State, to immediately terminate the contract for convenience and/or to immediately reject or cancel any order for convenience at any time prior to shipping notification. 8. Attachments. This contract consists of 9 pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date 12/15/2017) Attachment D - Federal Terms Supplement (Non-Construction) for all Contracts and Purchases of Products & Services connected with 2020 Pandemic (04/08/2020) 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: Contract # 43304 Revised November 10, 2021 Page 2 of 9 (1) Standard Contract (2) Attachment D Federal Terms Supplement (Non-Construction) for all Contracts and Purchases of Products & Services connected with 2020 Pandemic (04/08/2020) (3) Attachment C (Standard Contract Provisions for Contracts and Grants) (4) Attachment A (5) Attachment B WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Jennifer M.V. Fitch Kyle.Emerson Commissioner - Title Contract # 43304 Revised November 10, 2021 Page 3 of 9 ATTACHMENT A – STATEMENT OF WORK The Contractor shall provide: 1. Products available, upon quotation; Contractor agrees to quote pricing at best-then-available pricing for government and/or institutional purchasers: State purchasers are instructed to communicate and coordinate with contractor, at time of any potential order, with regard to then-current availability, timeline to delivery, pricing, and product details: KN95 masks meeting applicable KN95 standards KF94 masks meeting applicable KF94 standards Rapid Antigen and/or Molecular Diagnostic COVID Test Kits, of manufacturer(s) and model(s) duly authorized by an applicable US Food and Drug Administration (FDA) Emergency Use Authorization (EUA). NIOSH-approved N95 masks ASTM F2100 and/or F3502 masks 2. WARRANTY: Each product purchased hereunder shall include a manufacturer’s written warranty, which must be based on commercial use, and extend for a minimum term of one (1) year from the date a Product is available for use by the purchaser, or such longer period as set forth in the written warranty. 3. REPORTING REQUIREMENTS: Contractor will be required to submit quarterly product sales report to the Purchasing Agent pursuant to the schedule below detailing the purchasing of all items under this Contractor. Contractor’s reporting shall state "no activity" for any month in which there is no activity during a quarterly reporting period. a. The reports shall be an excel spreadsheet transmitted electronically to the Purchasing Agent. b. Reports are due for each quarter as follows: Reporting Period Report Due January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 c. Failure to meet these reporting requirements may result in suspension or termination of this Participating Addendum. d. Notwithstanding the fact that any payment obligation for sales by contractor to any political subdivision or college, pursuant to “Purchasing Entities,” below, shall be solely between the political subdivision or college and the contractor, the contractor must include, in reporting to State, the figures on quantities sold by contractor to, and amounts paid to contractor by, any such political subdivisions or independent colleges. Contract # 43304 Revised November 10, 2021 Page 4 of 9 4. DELIVERY: Responsibility for product delivery remains with Contractor until the product is properly delivered and signed for. Contractor shall securely and properly pack all shipments in accordance with accepted commercial practices. Upon delivery, all packaging and containers shall become the property of the State, unless otherwise stated. Delivered goods that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the Contractor. 5. QUALITY: All products will be new and unused. All products provided by the Contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting the requirements of this section will be deemed unacceptable and returned to the Contractor for credit at no charge to the State. 6. DEFAULT: In case of default of the Contractor, the State may procure the materials or supplies from other sources and hold the Contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price. 7. Primary Contacts. The Parties will keep and maintain current at all times a primary point of contact for this contract. The primary contacts for this this Contract are as follows: e. For the Contractor: Name: Elliott Haynie Phone: 404.704.7961 Email: elliott@rhinomedicalsupply.com f. For the State: Name: Trevor R. Lewis, State Commodity Procurement Administrator Address: 133 State Street, 5th Floor, Montpelier, VT 05633-8000 Phone: 802/ 461-6315 Fax: 802/828-2222 Email: Trevor.R.Lewis@vermont.gov 8. Purchasing Entities: This Participating Addendum may be used by (a) all departments, offices, institutions, and other agencies of the State of Vermont and counties (each a “State Purchaser”) according to the process for ordering and other restrictions applicable to State Purchasers set forth herein; and (b) political subdivisions of the State of Vermont and any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education as authorized under 29 V.S.A. § 902 (each an “Additional Purchaser”). Issues concerning interpretation and eligibility for participation are solely within the authority of the State of Vermont Chief Procurement Officer. The State of Vermont and its officers and employees shall have no responsibility or liability for Additional Purchasers. Each Additional Purchaser is to make its own determination whether this Participating Addendum and the Master Agreement are consistent with its procurement policies and regulations. mailto:elliott@rhinomedicalsupply.com mailto:Trevor.R.Lewis@vermont.gov Contract # 43304 Revised November 10, 2021 Page 5 of 9 ATTACHMENT B – PAYMENT PROVISIONS The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The Contractor will be paid for products actually delivered or performed, as specified in Attachment A, up to the maximum allowable amount specified on page 1 of this contract. 1. Prior to commencement of work and release of any payments, Contractor shall submit to the State: a. a certificate of insurance consistent with the requirements set forth in Attachment C, Section 8 (Insurance), and with any additional requirements for insurance as may be set forth elsewhere in this contract; and 2. Payment terms are Net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documentation. 3. All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials and shall specify the address to which payments will be sent. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. 4. PRICING: Contractor shall provide all products F.O.B. delivery to the ordering facility at no additional cost to the State. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. 5. Contractor shall submit invoice(s) to: Based on agency placing each specific order 6. Following complete delivery of the items, each as specified in Attachment A, and the State’s written confirmation to the Contractor of the State’s acceptance of those items and that training, Contractor will, within 15 business days, invoice the State in accordance with the rates specified in Attachment A. 7. Unless otherwise indicated in a manufacturer’s return policy, unopened Products can be returned with no restocking fee up to 30 days from the date of receipt. 8. The State Purchasing Card may be used by State Purchasers for the payment of invoices. Use of the Purchasing Card requires all required documentation applicable to the purchase. The Purchasing Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State Purchasers from adhering to all procurement laws, regulations, policies, procedures, and best practices. Contract # 43304 Revised November 10, 2021 Page 6 of 9 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 “Attachment C: Standard State Provisions for Contracts and Grants” (revision version dated December 15, 2017) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing-contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms Contract # 43304 Revised November 10, 2021 Page 7 of 9 ATTACHMENT D STATE OF VERMONT- FEDERAL TERMS SUPPLEMENT (Non-Construction) for all Contracts and Purchases1 of Products and Services Connected with 2020 Pandemic BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more certify that each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency PROCUREMENT OF RECOVERED MATERIALS In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated Items unless the products cannot be acquired- 1. Competitively within a time frame providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price Information about this requirement, along with the list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of section 6002 of the Solid Waste Disposal Act. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the State of Vermont and understands and agrees that the State of Vermont will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 4. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 5. The contractor agrees to report each violation to the State of Vermont and understands and agrees that the State of Vermont will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 6. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and 1 These terms, developed by the Vermont Attorney General’s Office, are to be included, without any changes, in all contracts, and any amendments to contracts, intended or expected to be used in connection with the State of Vermont’s response to the 2020 Pandemic. THESE TERMS ARE ALSO TO BE USED AND ADDED FOR ANY TRANSACTIONS, SUCH AS BUT NOT ONLY PURCHASE ORDERS, TAKING PLACE UNDER AN EXISTING CONTRACT, IF THE PURCHASE IS FOR THE PANDEMIC AND IF THERE IS ANY POTENTIAL DOUBT AS TO WHETHER THE OVERLYING CONTRACT HAS THESE TERMS. These terms and conditions shall also be added in instances in which a purchase without formal contract is otherwise duly authorized. https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program Contract # 43304 Revised November 10, 2021 Page 8 of 9 Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). CONTRACTOR BREACH, ERRORS AND OMISSIONS 1. Any breach of the terms of this contract, or material errors and omissions in the work product of the contractor must be corrected by the contractor at no cost to the State, and a contractor may be liable for the State's costs and other damages resulting from errors or deficiencies in its performance. 2. Neither the States’ review, approval or acceptance of nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. 3. The rights and remedies of the State provided for under this contract are in addition to any other rights and remedies provided by law or elsewhere in the contract. TERMINATION FOR CONVENIENCE 1. General a. Any termination for convenience shall be effected by delivery to the Contractor an Order of Termination specifying the termination is for the convenience of the Agency, the extent to which performance of work under the Contract is terminated, and the effective date of the termination. b. In the event such termination occurs, without fault and for reasons beyond the control of the Contractor, all completed or partially completed items of work as of the date of termination will be paid for in accordance with the contract payment terms. c. No compensation will be allowed for items eliminated from the Contract. d. Termination of the Contract, or portion thereof, shall not relieve the Contractor of its contractual responsibilities for work completed and shall not relieve the Contractor’s Surety of its obligation for and concerning any just claim arising out of the work performed. 2. Contractor Obligations After receipt of the Notice of Termination and except as otherwise directed by the State, the Contractor shall immediately proceed to: a. To the extent specified in the Notice of Termination, stop work under the Contract on the date specified. b. Place no further orders or subcontracts for materials, services, and/or facilities except as may be necessary for completion of such portion(s) of the work under the Contract as is (are) not terminated. c. Terminate and cancel any orders or subcontracts for related to the services, except as may be necessary for completion of such portion(s) of the work under the Contract as is (are) not terminated. d. Transfer to the State all completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would be required to be furnished to the State. e. Take other action as may be necessary or as directed by the State for the protection and preservation of the property related to the contract which is in the possession of the contractor and in which the State has or may acquire any interest. f. Make available to the State all cost and other records relevant to a determination of an equitable settlement. 3. Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on Contract # 43304 Revised November 10, 2021 Page 9 of 9 information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount. 4. Negotiation Negotiation to settle a timely claim shall be for the sole purpose of reaching a settlement equitable to both the Contractor and the State. Settlement shall be based on actual costs incurred by the Contractor, as reflected by the contract rates. Consequential damages, loss of overhead, loss of overhead contribution of any kind, and/or loss of anticipated profits on work not performed shall not be included in the Contractor’s claim and will not be considered, allowed, or included as part of any settlement.

2 Governor Aiken Avenue Montpelier, Vermont 05633-5801Location

Address: 2 Governor Aiken Avenue Montpelier, Vermont 05633-5801

Country : United StatesState : Vermont

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