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This Memorandum Of Agreement (Agreement) sets
forth the terms that have been established by the Commonwealth
of 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:
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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;
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agency
is defined as any department, authority, board, post,
commission, division, institution, or office of State
government of the Commonwealth of Virginia; and
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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.
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eVA Fee Schedule
is defined as a listing of eVA registration, transaction,
and other fees (eVA fees) that are assessed to eVA users,
including Vendors. The eVA Fee Schedule is published on the
eVA Website. Each fee set forth on the eVA Fee Schedule is
effective dated so eVA users, including Vendors, can
determine the appropriate fee by cross referencing a fee’s
effective date to the date of the activity for which the fee
is assessed. The Commonwealth may make changes to the eVA
Fee Schedule as provided in Item 2 below. A registered
vendor may reject changes to the eVA Fee Schedule by
canceling its registration.
By accepting this Agreement,
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 the eVA vendor registration
process; and (iii) enter into this Agreement on behalf of the
Vendor. By accepting this Agreement, 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) eVA fees are set forth in the eVA Fee
Schedule defined above and published on the eVA Website on the
date you accept this Agreement. The Commonwealth may change the
accepted eVA Fee Schedule by announcing the change(s) at least
60 calendar days in advance of the effective date of the
change(s).
a. The official date of any such change
announcement shall be the date the change announcement is
published on the eVA Website.
b. Change announcements will also be
transmitted to the vendor location master user(s) email
address(es) and to the billing address contact email address
specified in the Vendor’s eVA registration record.
Retroactive changes to the eVA Fee
Schedule are prohibited unless the purpose of the retroactive
change is to reduce a fee. A registered vendor may reject
changes to the eVA Fee Schedule by canceling its eVA
registration.
3) Payment of all eVA fees, assessed in
accordance with the eVA Fee Schedule, shall be made within 30
days after receipt, at Vendor’s specified Billing Address, of
invoices. Invoices for eVA fees incurred prior to July 1, 2006,
will be issued by CGI-AMS, the Commonwealth’s eVA business
partner. Invoices for eVA fees incurred July 1, 2006 and after
will be issued by the Commonwealth’s Department of General
Services.
4) The Vendor shall use eVA's vendor
registration update functionality to update the Vendor's
registration information whenever necessary to ensure it that
the registration information remains accurate and complete at
all times.
5) 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.
6) The Commonwealth may change the terms
and conditions of this Agreement by announcing the change(s) at
least 60 calendar days in advance of the effective date of the
change(s).
a. The official date of any such change
announcement shall be the date the change announcement is
published on the eVA Website.
b) Change announcements will also be
transmitted to the vendor location master user(s) email
address(es) and to the billing contact email address specified
in the Vendor’s eVA registration record.
A registered vendor may reject
changes to the terms and conditions of this Agreement by
canceling its eVA registration.
7) 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 by contacting eVA
Customer Care using the email address or phone number published
on the eVA website. 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.
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