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is charged under this Contract, the lower net price shall be deemed immediately applied to this<br />

contract. The Commonwealth shall be entitled to refunds <strong>of</strong> the difference between the amounts paid<br />

by Contract Users <strong>and</strong> the lowest net price at which a good is provided or <strong>of</strong>fered to an entity eligible to<br />

use this Contract.<br />

21. SPECIAL SERVICE CHARGES: Contractors will be permitted to add charges to the invoice for orders<br />

requiring special services, such as hazardous materials h<strong>and</strong>ling <strong>and</strong> rush delivery, only if these<br />

services <strong>and</strong> charges are identified in the contract prior to the placement <strong>of</strong> the order <strong>and</strong> only if<br />

charges are agreed to by the agency prior to acceptance <strong>of</strong> the order. Contractor may charge extra for<br />

installation <strong>of</strong> furniture.<br />

22. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/<strong>of</strong>ferors shall state<br />

bid/<strong>of</strong>fer prices in US dollars.<br />

23. BUSINESS AUTHORIZATION:<br />

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized<br />

as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or<br />

registered as a registered limited liability partnership shall be authorized to transact business in the<br />

Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 <strong>of</strong> the<br />

Code <strong>of</strong> Virginia or as otherwise required by law. Any business entity described above that enters into<br />

a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its<br />

existence to lapse or its certificate <strong>of</strong> authority or registration to transact business in the<br />

Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time<br />

during the term <strong>of</strong> the contract. A public body may void any contract with a business entity if the<br />

business entity fails to remain in compliance with the provisions <strong>of</strong> this section.<br />

Payment Terms: St<strong>and</strong>ard payment terms are net 30 days. Office Depot <strong>of</strong>fers a discount <strong>of</strong> .5 % for 5<br />

days EDI payment. These discounts do not apply to credit card payments. The discount will be paid semi<br />

annual or annual to the business unit at the end <strong>of</strong> the six month or year period.<br />

PRICING AND PRICE ADJUSTMENTS. During the Contract Period, prices for products <strong>inc</strong>luded in Office<br />

Depot’s printed Business Solutions <strong>Division</strong> Catalog (“BSD Catalog”) in circulation at the time <strong>of</strong> order<br />

shall be in accordance with the discounts set forth in the Average Discount Schedule Office Supplies<br />

(“Discount Schedule”) attached to the Contract <strong>and</strong> <strong>inc</strong>orporated therein. For purposes <strong>of</strong> clarification, only<br />

products identified in the BSD Catalog <strong>and</strong> that fall into the categories designation in the Discount<br />

Schedule will be subject to the discounts set forth in the Discount Schedule. The discounts set forth in the<br />

Discount Schedule shall be based on the list price in the printed BSD Catalog in circulation at the time <strong>of</strong><br />

order. During the Contract Period, any decreases to the discounts set forth in the Discount Schedule shall<br />

be approved in writing by the contract <strong><strong>of</strong>fice</strong>r. If any discount decrease is approved by the Commonwealth,<br />

the Commonwealth will issue a Notice <strong>of</strong> Contract Change, notifying all authorized users <strong>of</strong> the change.<br />

Section 9, Most Favored Customer Pricing Section 9 in INSTRUCTIONS is deleted in its entirety <strong>and</strong><br />

replaced with the following:<br />

PRICE MATCH: In the event any state agency purchasing under this Contract identifies a product<br />

<strong>of</strong>fered under this Contract at a price lower than the price <strong>of</strong>fered pursuant to this Contract on either<br />

www.<strong><strong>of</strong>fice</strong><strong>depot</strong>.com or within an Office Depot U.S. retail store, such agency may request a price<br />

match by contacting Office Depot’s customer service department <strong>and</strong> providing evidence <strong>of</strong> the lower<br />

price.<br />

Section 20, Special Education Or Promotional Discounts is deleted in its entirety. (see PRICE<br />

MATCH)<br />

01/15/2013 Notice Of Contract Renewal: 6150402-13<br />

OFFICE SUPPLIES AND TONER<br />

(Vendor: Office Depot)<br />

Page 9 <strong>of</strong> 48

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