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<br />' VII. TERMS AND CONDITIONS -- B. SPECIAL
<br />' ACCEPTANCE OF OFFERS 10% BELOW PRICE (JAN 2006)
<br />If the state is offered the exact same item on the exact same terms and conditions as those provided under this contract by a vendor other
<br />' than the contractor (the "alternate vendor") for a price that is at least ten percent less than the contract price, the state may purchase those
<br />items from the alternate vendor if the contractor does not agree to meet the offered price. Any acquisition pwsuant to this clause must be
<br />documented by the Procurement Officer in sufficient detail to satisfy the requirements of an external audit. [07-7B010-1]
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<br />FEE FOR ADMINISTRATIVE SERVICES -RECEIPTS - SPO (OCT 2007)
<br />As provided herein, a public procurement unit, by participating in this contract, owes the Materials Management Office (MMO) a Fee for
<br />administrative services. A public procwement unit shall pay the Fee directly to Contractor as a part of the contract price. Contractor is
<br />responsible for collecting this Fee from participating public procurement units (state and local) and paying the Fee to MMO. The price
<br />stated in any offeror's bid or proposal shall include all amounts necessary for Contractor to meet this obligation. Contractor shall factor
<br />the Fee into its contract pricing and shall not separately itemize or invoice for the Fee.
<br />(a) For each Payment Period, Contractor shall pay to MMO a Fee equal to .75% of the total dollar amount (excluding sales taxes &
<br />adjusted for credits or refunds) received from any public procurement unit by Contractor pwsuant to this Agreement. As used in this
<br />clause, the term "Payment Period" means each full calendar quarter (Jan. --Mar., Apr. -- Jun., Jul. -- Sep., and Oct. -- Dec.) and any
<br />periods less than a full calendar quarter during the term of this Agreement. Payment for each Payment Period must be received on or
<br />before the last day of the month immediately following the end of the Payment Period (Example: Payment for the quarterly "Payment
<br />Period" of Jan. -Mar. 2004 is due on or before Apri130, 2004). Payments are to be mailed to: Materials Management Office, Attn:
<br />Contract Admin. Fee, 1201 Main Street, Suite 600, Columbia, S.C., 29201. Payments shall be made to the order of the Materials
<br />Management Office. If the amount due for a Payment Period is less than $10.00, no payment is required.
<br />(b) Contractor shall submit a Usage Report for each Payment Period, even if no payment is due for the Payment Period. The Usage
<br />Report shall include any information requested by MMO to verify the amount due. At a minimum, each Usage Report shall reflect the
<br />following information for the applicable Payment Period: contractor's name, contract number, contract description, Payment
<br />Period/quarter, Total Dollar Value of Invoice Payments Received (excluding sales taxes and showing any adjustments for credits or
<br />refunds), Total Number of Units (if practicable) ,and the number, date, and amount of Contractor's check to MMO. The MMO
<br />procurement officer may require the Contractor to provide a separate, more detailed usage report. Should this be necessary, the
<br />procurement officer will work directly with the contractor to determine the appropriate content and format of the separate
<br />report. Separate reports may be required on a quarterly basis.
<br />(c) During the term of this Agreement and for a period of three years thereafter, MMO, its auditors, or other authorized representatives
<br />shall be afforded access at reasonable times to Contractor's accounting records in order to audit all records relating to goods sold or work
<br />performed pursuant to this Agreement. If such an audit indicates that Contractor has materially underpaid MMO, then Contractor shall
<br />remit the underpayment and reimburse MMO for all costs of the audit.
<br />(d) All amounts that become payable by the Contractor to MMO under this Agreement shall bear simple interest from the date due until
<br />paid unless paid within 30 calendar days of becoming due. The interest rate shall be the highest prime rate (as published in The Wall
<br />Street Journal) plus 2% per annum (unless a higher rate is provided by law, but in no event be greater than the maximum interest rate
<br />permitted by law), shall be variable, and shall be adjusted effective at the close of business on the day of any change in the prime rate.
<br />(e) In the event the Contractor fails to make any payment when due, Contractor shall be liable to MMO for all expenses, court costs, and
<br />attorneys' fees (including inside counsel) incurred in enforcing the terms and conditions of this Agreement.
<br />(f) Failure to pay any amount due pursuant to this clause may result in the Contractor's debarment pursuant to Section 11-35-4220 of the
<br />South Carolina Code of Laws, as amended.
<br />(g) For purposes of this clause, MMO is intended as a third-party beneficiary of this Agreement. The phrase "public procwement unit"
<br />is defined by Section 11-35-4610(5) of the South Carolina Code of Laws, as amended.
<br />NOTICE: The administrative fee created by this clause is calculated against receipts. After a contract has been awarded,
<br />contractor may elect to calculate the administrative fee against sales. To effect this election, a change order must be
<br />executed. The change order will substitute a different administrative fee clause for this one. The alternate clause is available for
<br />review upon request and may be found at www.ogs.state.sc.us/DDP/terms/. Any election must be made within thirty (30) days of
<br />final award. If you wish to make this election, contact the procurement officer identified on the cover page of this solicitation.
<br />[07-7B020-1]
<br />If the MMO Administrative Fee reporting and payment will not be performed by the contact person listed herein, provide
<br />information for the single point of contact for said performance requirement below:
<br />Name: Jennifer Vroon
<br />Address: 4275 Arco Lane, Suite K
<br /> Charleston, SC 29492
<br />Phone #: 843-276-2880
<br />Fax #: 843-554-6895
<br />E-mail: 'ennifer.vroon cni cex .corn
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