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This Memorandum Of Agreement
(Agreement) sets forth the terms that have been established by
the Virginia Department of General Services, Division of
Purchases and Supply (“DPS”) to govern all electronic
procurement transactions made between your firm (“Vendor”) and
any agency or public body when such electronic procurement
transaction is made, in whole or in part, utilizing the
Commonwealth of Virginia’s web-centric statewide electronic
procurement solution (eVA).
For purposes of this Agreement:
· electronic
procurement transaction is defined to
include electronic quotations, bids, proposals, purchase orders,
contracts, invoices, shipping notices, or other electronic
procurement information, instruments and notices electronically
transmitted, received, or posted using eVA in lieu of or in
addition to creating one or more paper documents;
· agency
is defined as any department, authority, board, post,
commission, division, institution, or office of State government
of the Commonwealth of Virginia; and
· public
body is defined as any legislative,
executive or judicial body, agency, office, department,
authority, post, commission, committee, institution, board or
political subdivision created by law in Virginia to exercise
some sovereign power or to perform some governmental duty, and
empowered by law to undertake the procurement activities
facilitated by eVA.
By submitting this
electronic vendor registration, you certify and warrant to each
agency and public body that you are duly authorized, by the
Vendor to: (i) register the Vendor as an eVA supplier; (ii)
file, on behalf of the Vendor, all of the information requested
in this registration process; and (iii) enter into this
Agreement on behalf of the Vendor. By submitting this electronic
vendor registration, you hereby agree on behalf of the Vendor
and for the benefit of each agency and public body that:
1) All
procurement transactions made, in whole or in part,
utilizing the Commonwealth of Virginia’s web-centric statewide
electronic procurement solution (eVA) shall without exception be
governed by the laws of the Commonwealth of Virginia without
regard to its conflict-of-laws principles.
2) Payment
of all order transaction fees (i.e., 1%, capped at $500 per
order) shall be made within 30 days after receipt, at your
specified Billing Address, of a transaction fee invoice issued
by the Commonwealth’s contracted electronic procurement solution
(eVA) application service provider (i.e., American Management
Systems, Inc.).
·
Note: For orders issued during the
period July 1, 2002, through June 30, 2003, vendors will not be
charged the eVA transaction fee of 1% capped at $500. This will
allow vendors additional time to become electronically enabled.
During this period the transaction fee will be paid by the
Commonwealth of Virginia. To enable vendors to analyze the
future impact of transaction fees, AMS will issue “no pay”
invoices for transaction fees incurred during the above period.
The vendor is, however, responsible for transaction fees
incurred for orders issued prior to July 1, 2002, and after June
30,2003.
3) The
Vendor shall use eVA’s vendor registration update functionality
to update the Vendor’s registration information whenever
necessary to ensure that the registration information remains
accurate and complete at all times.
4) The
Vendor hereby warrants to every agency and public body that the
information provided by the Vendor through the eVA registration
and eVA registration update functionality shall at all times be
accurate, complete and current. The Vendor further warrants
that each agency and public body shall be entitled at all times
to rely conclusively on the currency, accuracy and completeness
of the information the Vendor has provided through the eVA
registration and eVA registration update functionality as of
that date even if different information is or has been available
to or received by agency or public body personnel through means
other than the eVA registration and registration update
functionality.
No changes in terms and conditions of this
Agreement shall be effective unless adopted by DPS and
incorporated into this web page. Any such changes shall be
effective as to particular vendors only after they have
received notice of the change and approve it using approval
means provided by eVA.
This Agreement shall remain in effect for as long
as the Vendor is registered as an eVA supplier. DPS reserves
the right to cancel the Vendor’s registration at any time. The
Vendor may also cancel its registration through the eVA
registration update functionality. In the event the Vendor’s
registration is cancelled by either party, the Vendor shall
remain bound to this Agreement in regard to completion of any
contract, purchase order or other electronic procurement
transaction that was made or administered in whole or in part
using eVA. |
