Disposable Gloves, Nitrile and Vinyl

From: Maine Division of Procurement Services(State)
started - 08 Sep, 2022 (4 months ago)

Start Date

08 Sep, 2022 (4 months ago)
due - 08 Sep, 2022 (4 months ago)

Due Date

31 Aug, 2023 (in 7 months)
Contract

Opportunity Type

Contract
MA-22081600000000000039

Opportunity Identifier

MA-22081600000000000039
Maine Division of Procurement Services

Customer / Agency

Maine Division of Procurement Services
111 Sewall Street 9 State House Station Augusta, ME 04333-0009

Location

111 Sewall Street 9 State House Station Augusta, ME 04333-0009
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Sep 6, 2022, 12:52 PM MA 18P 22081600000000000039 State of Maine NEW Master Agreement Effective Date: 09/08/22 Expiration Date: 08/31/22 Master Agreement Description: Master Agreement for Disposable Gloves, Nitrile and Vinyl Buyer Information Michelle Johnson 207-624-7340 ext. Michelle.Johnson@Maine.gov Issuer Information Michelle Johnson 207-624-7340 ext. Michelle.Johnson@Maine.gov Requestor Information Michelle Johnson 207-624-7340 ext. Michelle.Johnson@Maine.gov Agreement Reporting Categories Authorized Departments Vendor Information Vendor Line #: 1 Vendor ID Vendor Name VS0000025910 Hemera Holding LLC Alias/DBA Vendor Address Information 631 Progress Way Sanford, FL 32771 US Vendor Contact Information Babak Shirali DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 MA 18P 22081600000000000039 Sep 6, 2022, 12:52 PM 4077324306 ext. ceo@hemeraholding.com Commodity Information Vendor Line #: 1 Vendor Name: Hemera Holding LLC Commodity Line #: 1 Commodity Code: 20142 Commodity Description: Master Agreement for Disposable Gloves, Nitrile and Vinyl Commodity Specifications: Commodity Extended Description: Group 3- Blue- 6 MIL, SM, MED, LG, XL, 2X (Food/Medical/Janitorial Grade) 100/box Group 5- Black- 4-5 MIL, MED, LG, XL, 2X (Food/Medical Grade) 100/box Group 6- Black- 6 MIL, XS, SM, MED, LG, XL, 2X (Used for Mail, Booking & Searches) 100/box Quantity UOM Unit Price 0.00000 0.000000 Delivery Days Free On Board 0 Contract Amount Service Start Date Service End Date 0.00 Catalog Name Discount Hemera 0.0000 % Discount Start Date Discount End Date 09/08/22 08/31/23 Please see authorized signatures displayed on the next page DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 MA 18P 22081600000000000039 Sep 6, 2022, 12:52 PM Each signatory below represents that the person has the requisite authority to enter into this Contract. The parties sign and cause this Contract to be executed. State of Maine - Department of Administrative and Financial Services DateSignature Jaime C. Schorr, Chief Procurement Officer Hemera Holding LLC Signature Date Babak Shirali, CEO DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 9/16/2022 9/16/2022 RIDERS  The following riders are hereby incorporated into this Contract and made part of it by reference: (check all that apply) ☒ Rider A – Scope of Work and/or Specifications ☒ Rider B – Terms and Conditions ☐ Rider C - Exceptions ☒ Bid Cover Page and Debarment Form- Appendix A from RFQ ☒ Municipality Political Subdivision and School District Participation Certification – Appendix D from RFQ ☒ Price sheet ☐ Other – Included at Department’s Discretion DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 RIDER A Master Agreement for Disposable Gloves, Nitrile and Vinyl MA# 18P 22081600000000000039 COMMODITY: Annual Master Agreement for Disposable Gloves, Nitrile and Vinyl. All Gloves are to be Powder Free. • Group 3- Blue- 6 MIL, SM, MED, LG, XL, 2X (Food/Medical/Janitorial Grade) 100/box • Group 5- Black- 4-5 MIL, MED, LG, XL, 2X (Food/Medical Grade) 100/box • Group 6- Black- 6 MIL, XS, SM, MED, LG, XL, 2X (Used for Mail, Booking & Searches) 100/box The State reserves the right to add other similar items or commodities to the Master Agreement (MA) contract if it’s in the State’s best interest but does not obligate the State to purchase similar noncontracted items or commodities from the selected bidder. Master Agreement Competitive Bid RFQ: 18P 22070500000000000003 INITIAL CONTRACT PERIOD: Through August 31, 2023. This Master Agreement w ill have the option for 4 additional one-year renewals. Contract Renewal: Following the initial term of the contact, the Division may opt to renew the contract for four (4) renewal periods of one year each, subject to continued availability of funding and satisfactory delivery/performance. The term of the contract is defined as follows: Period Start Date End Date Initial Period of Performance 9/8/2022 8/31/2023 Renewal Period #1 9/1/2023 8/31/2024 Renewal Period #2 9/1/2024 8/31/2025 Renewal Period #3 9/1/2025 8/31/2026 Renewal Period #4 9/1/2026 8/31/2027 QUANTITIES: The contract will cover the actual quantities ordered by all agencies over the length of the contract. NO MINIMUMS: Minimum quantities for Delivery will NOT be considered. DESCRIPTIONS: Complete Descriptions of the gloves are on the attached spreadsheet (See Item Description and Extended Description for each item). DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 NO COLOR SUBSTITUTIONS: Colors of gloves required are included in the specifications. No color substitutions will be considered. PACKAGING: All Gloves are to be packaged in boxes of 100, and they are to be priced by the box. PRICES: Prices bid are to be net including transportation charges fully pre-paid by the Vendor FOB destination with NO minimum orders. Prices are to remain firm for the duration of the contract. ORDERING PROCEDURE: All agencies will place individual orders directly with the awarded Vendor(s). Delivery Orders (DO) will be issued for all orders over $5000. Orders in the amount of $5000 or less may be ordered using a DO or be using a State Procurement Card (Credit Card). PROCUREMENT CARD: State policy requires vendors to accept the State of Maine Procurement Card as a form of payment, with very rare exceptions. The pricing offered to the State of Maine shall be the final cost to the State of Maine regardless of payment method. No surcharge or other compensation will be allowed. The State of Maine reserves the right to reject your bid if you are unwilling to accept this condition. QUARTERLY REPORT: The Division of Procurement Services will require the awarded vendor to submit a quarterly report of sales within 30 days of the end of each calendar quarter. The report should contain the Date, Agency Name, Location (City or Town), Items Ordered, Quantities and Dollar Amount. It is requested that this report be emailed in excel format. DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 RIDER B TERMS AND CONDITIONS 1. DEFINITIONS: The following definitions are applicable to these standard terms and conditions: a. The term “Buyer” or “State” shall refer to the Government of the State of Maine or a person representing the Government of the State of Maine. b. The term “Department” or “DAFS” shall refer to the State of Maine Department of Administrative and Financial Services. c. The term “Bureau” or “BGS” shall refer to the State of Maine Bureau of General Services. d. The term “Division” shall refer to the State of Maine Division of Purchases. e. The term “Contractor”, “Vendor”, or “Provider” shall refer to the organization that is providing goods and/or services through the contract to which these standard terms and conditions have been attached and incorporated. f. The term “Contract” or “Agreement” shall refer to the contract document to which these standard terms and conditions apply, taking the format of a Buyer Purchase Order (BPO) or Master Agreement (MA) or other contractual document that is mutually agreed upon between the State and the Contractor. 2. WARRANTY: The Contractor warrants the following: a. That all goods and services to be supplied by it under this Contract are fit and sufficient for the purpose intended, and b. That all goods and services covered by this Contract will conform to the specifications, drawing samples, symbols or other description specified by the Division, and c. That such articles are merchantable, good quality, and free from defects whether patent or latent in material and workmanship, and d. That all workmanship, materials, and articles to be provided are of the best grade and quality, and e. That it has good and clear title to all articles to be supplied by it and the same are free and clear from all liens, encumbrances and security interest. Neither the final certificate of payment nor any provision herein, nor partial nor entire use of the articles provided shall constitute an acceptance of work not done in accordance with this agreement or relieve the Contractor liability in respect of any warranties or responsibility for faulty material or workmanship. The Contractor shall remedy any defects in the work and pay any damage to other work resulting therefrom, which shall appear within one year from the date of final acceptance of the work provided hereunder. The Division of Purchases shall give written notice of observed defects with reasonable promptness. 3. TAXES: Contractor agrees that, unless otherwise indicated in the order, the prices herein do not include federal, state, or local sales or use tax from which an exemption is available for purposes of this order. Contractor agrees to accept and use tax exemption certificates when supplied by the Division as applicable. In case it shall ever be determined that any tax included in the prices herein was not required to be paid by Contractor, Contractor agrees to notify the Division and to make prompt application for the refund thereof, to take all proper steps to procure the same and when received to pay the same to the Division. 4. PACKING AND SHIPMENT: Deliveries shall be made as specified without charge for boxing, carting, or storage, unless otherwise specified. Articles shall be suitably packed to secure lowest transportation cost and to conform to the requirements of common carriers and any applicable specifications. Order numbers and symbols must be plainly marked on all invoices, packages, bills of lading, and shipping orders. Bill of lading should accompany each invoice. Count or weight shall be final and conclusive on shipments not accompanied by packing lists. DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 5. DELIVERY: Delivery should be strictly in accordance with delivery schedule. If Contractor's deliveries fail to meet such schedule, the Division, without limiting its other remedies, may direct expedited routing and the difference between the expedited routing and the order routing costs shall be paid by the Contractor. Articles fabricated beyond the Division’s releases are at Contractor’s risk. Contractor shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet delivery schedule, and, unless otherwise specified herein, no deliveries shall be made in advance of the Division’s delivery schedule. Neither party shall be liable for excess costs of deliveries or defaults due to the causes beyond its control and without its fault or negligence, provided, however, that when the Contractor has reason to believe that the deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given immediately to the Division. If the Contractor’s delay or default is caused by the delay or default of a subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Contractor and subcontractor and without fault of negligence or either of them and the articles or services to be furnished were not obtainable from other sources in sufficient time to permit Contractor to meet the required delivery schedule. 6. FORCE MAJEURE: The State may, at its discretion, excuse the performance of an obligation by a party under this Agreement in the event that performance of that obligation by that party is prevented by an act of God, act of war, riot, fire, explosion, flood or other catastrophe, sabotage, severe shortage of fuel, power or raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that any such event and the delay caused thereby is beyond the control of, and could not reasonably be avoided by, that party. The State may, at its discretion, extend the time period for performance of the obligation excused under this section by the period of the excused delay together with a reasonable period to reinstate compliance with the terms of this Agreement. 7. INSPECTION: All articles and work will be subject to final inspection and approval after delivery, notwithstanding prior payment, it being expressly agreed that payment will not constitute final acceptance. The Division of Purchases, at its option, may either reject any article or work not in conformity with the requirements and terms of this order, or re-work the same at Contractor’s expense. The Division may reject the entire shipment where it consists of a quantity of similar articles and sample inspection discloses that ten (10%) percent of the articles inspected are defective, unless Contractor agrees to reimburse the Division for the cost of a complete inspection of the articles included in such shipment. Rejected material may be returned at Contractor’s risk and expense at the full invoice price plus applicable incoming transportation charges, if any. No replacement of defective articles of work shall be made unless specified by the Division. 8. INVOICE: The original and duplicate invoices covering each and every shipment made against this order showing Contract number, Vendor number, and other essential particulars, must be forwarded promptly to the ordering agency concerned by the Vendor to whom the order is issued. Delays in receiving invoice and also errors and omissions on statements will be considered just cause for withholding settlement without losing discount privileges. All accounts are to be carried in the name of the agency or institution receiving the goods, and not in the name of the Division of Purchases. 9. ALTERATIONS: The Division reserves the right to increase or decrease all or any portion of the work and the articles required by the bidding documents or this agreement, or to eliminate all or any portion of such work or articles or to change delivery date hereon without invalidating DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 this Agreement. All such alterations shall be in writing. If any such alterations are made, the contract amount or amounts shall be adjusted accordingly. In no event shall Contractor fail or refuse to continue the performance of the work in providing of articles under this Agreement because of the inability of the parties to agree on an adjustment or adjustments. 10. TERMINATION: The Division may terminate the whole or any part of this Agreement in any one of the following circumstances: a. The Contractor fails to make delivery of articles, or to perform services within the time or times specified herein, or b. If Contractor fails to deliver specified materials or services, or c. If Contractor fails to perform any of the provisions of this Agreement, or d. If Contractor so fails to make progress as to endanger the performance of this Agreement in accordance with its terms, or e. If Contractor is adjudged bankrupt, or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed because of its insolvency, or f. Whenever for any reason the State shall determine that such termination is in the best interest of the State to do so. In the event that the Division terminates this Agreement in whole or in part, pursuant to this paragraph with the exception of 8(f), the Division may procure (articles and services similar to those so terminated) upon such terms and in such manner as the Division deems appropriate, and Contractor shall be liable to the Division for any excess cost of such similar articles or services. 11. NON-APPROPRIATION: Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to make payment under this Agreement. 12. COMPLIANCE WITH APPLICABLE LAWS: Contractor agrees that, in the performance hereof, it will comply with applicable laws, including, but not limited to statutes, rules, regulations or orders of the United States Government or of any state or political subdivision(s) thereof, and the same shall be deemed incorporated herein by reference. Awarding agency requirements and regulations pertaining to copyrights and rights in data. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act, (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub. L. 94- 163, 89 Stat. 871). 13. INTERPRETATION: This Agreement shall be governed by the laws of the State of Maine as to interpretation and performance. DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 14. DISPUTES: The Division will decide any and all questions which may arise as to the quality and acceptability of articles provided and installation of such articles, and as to the manner of performance and rate of progress under this Contract. The Division will decide all questions, which may arise as to the interpretation of the terms of this Agreement and the fulfillment of this Agreement on the part of the Contractor. 15. ASSIGNMENT: None of the sums due or to become due nor any of the work to be performed under this order shall be assigned nor shall Contractor subcontract for completed or substantially completed articles called for by this order without the Division’s prior written consent. No subcontract or transfer of agreement shall in any case release the Contractor of its obligations and liabilities under this Agreement. 16. STATE HELD HARMLESS: The Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and other persons, firm or corporation furnishing or supplying work, services, articles, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement. 17. SOLICITATION: The Contractor warrants that it has not employed or written any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and it has not paid, or agreed to pay any company, or person, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Agreement. For breach or violation or this warranty, the Division shall have the absolute right to annul this agreement or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 18. WAIVER: The failure of the Division to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this order or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition or the future exercise of such right, but the obligation of Contractor with respect to such future performance shall continue in full force and effect. 19. MATERIAL SAFETY: All manufacturers, importers, suppliers, or distributors of hazardous chemicals doing business in this State must provide a copy of the current Material Safety Data Sheet (MSDS) for any hazardous chemical to their direct purchasers of that chemical. 20. COMPETITION: By accepting this Contract, Contractor agrees that no collusion or other restraint of free competitive bidding, either directly or indirectly, has occurred in connection with this award by the Division of Purchases. 21. INTEGRATION: All terms of this Contract are to be interpreted in such a way as to be consistent at all times with this Standard Terms and Conditions document, and this document shall take precedence over any other terms, conditions, or provisions incorporated into the Contract. DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7 DocuSign Envelope ID: 9CCF41E2-60D4-445A-B7A1-0E37BD01C2F7

Dates

Start Date

08 Sep, 2022 (4 months ago)

Due Date

31 Aug, 2023 (in 7 months)

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Location

Country : United StatesState : Maine