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VENDOR MEMORANDUM OF AGREEMENT 5-15-2006 (ARCHIVE)

eVA Billing Portal - Vendor Memorandum of Agreement 5-15-2006 (Archive)

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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.