State of Washington Current Contract Information Effective: 5/1/2010

Contract number: 06007 - MMCAP Commodity code: 6530 (MMS27018 & MMS27013) Contract title: CONDOMS Purpose: MMCAP Contract Term extended through 6/30/2011 Removed Alatech as a Contractor

Original award date: 05/01/2007 Current extension period: 05/01/10 through: 06/30/2011 Contract term: Not to exceed FIVE (5) Years or 04/30/2012 Contract type: This contract is designated as CONVENIENCE use. SCOPE OF CONTRACT This contract is awarded to TWO contractor(s). PRIMARY USER Department of Social and Health Services (DSHS) For use by: All Washington State Agencies and Political Subdivisions; who are Authorized Participating Facilities (MMCAP Members).

Contractor Information: Ansell Healthcare Products- See Page 3 SSL Americas Incorporated - See Page 3 Products/Services available: Condoms Related product contracts: 03804, Hospital & Medical Supplies Contract pricing: See Page 3 for MMCAP Website

Term worth: $200,000/2 Yrs. $0.00 MBE $0.00 WBE $200,000.00 OTHER $0.00 EXEMPT Current participation: MBE 0% WBE 0% OTHER 0% EXEMPT 0%

This page contains key contract features. Find detailed information on succeeding pages. For more information on this contract, or if you have any questions, please contact your local agency Purchasing Office, or you may contact our office at the numbers listed below.

State Procurement Officer: Melissa Cox Assistant: Shawna Pettitt Phone Number: (360) 902-7439 Phone Number: (360) 902-7342 Fax Number: (360) 586-2426 Fax Number: (360) 586-4944 Email: [email protected] Email: [email protected]

Visit our Internet site: http://www.ga.wa.gov/purchase

Washington State Department of General Administration Office of State Procurement, PO Box 41017, Olympia, WA 98504-1017

The State of Washington is an equal opportunity employer. To request this information in alternative formats call (360) 902-7400, or TDD (360) 664-3799.

05b45921c0820588bcde5ba2b84f6889.doc REV 2003-04-01 1 Current Contract Information Contract No. 06007 Page 2

Ordering information: See page 3 Ordering procedures: See page 3

NOTES:

I. MMCAP Member State Agencies and Political Subdivisions: Submit Order directly to Contractor for processing referencing State of Washington contract number. If you are unsure of your status as an MMCAP Member, call the Washington State Contract Administrator, Melissa Cox at: (360) 902-7439.

II. Contract Terms: This Document includes by reference all terms and conditions published in the original RFP issued by MMCAP.

SPECIAL CONDITIONS:

1. 5/1/2010: Contract term extended to 6/30/2011, per MMCAP. Removed Alatech as a vendor from the current contract, effective 4/30/2010 due to issues with financial stability. 2. 6/1/2009: Contract term amended to reflect new term of 6/30/2010 per MMCAP. 3. 2/11/2008 - Update Customer Service numbers for Ansell Healthcare, Inc; effective immediately. 4. 5/1/2007 - This is a Multi-State Contract administered by the Minnesota Multi-state Contracting Alliance for Pharmacy (MMCAP).

06007 Draft Dated 08/21/2007 2 Current Contract Information Contract No. 06007 Page 3

CONTRACTOR INFORMATION Contractor: ANSELL HEALTHCARE SSL AMERICAS INC. MMCAP: #MMS27018 MMCAP: #MMS27131 200 Schultz Drive 3585 Engineering Drive, Suite 200 Red Bank, NJ 07701 Norcross, GA 30092

Contact Administration: Christine J. Abel Steve Mare Contract Analyst, Public Sector Brand Manager Phone: 732-345-5338 Phone: 770-582-2160 Fax: 732-219-5127 Fax: 770-582-2227 Email: [email protected] Email: [email protected] Customer Service: Phone: 1-800-327-8659 Phone: 1-888-387-3927 Fax: 1-800-722-8155 Web catalog address: http://www.ansell.com http://www.durex-americas.com Federal ID No.: 36-3152638 13-1991107 Supplier No.: 0265 8558 Payment address: Same as above Same as above Order placement Same as above Same as above address: Ordering procedures: To set up a new account, contract the To set up a new account, contract the Account Manager or Sales Dept. as Brand Manger, Steve Mare or Sales shown above Dept as shown above MMCAP Website www.mmcap.org Go to MMCAP website to review contractors pricing by MMCAP contract Pricing: numbers.

Minimum orders: None None Delivery time: Payment terms: See Administrative Fee Net 30 days

Shipping destination: Freight on Board (FOB) destination Freight on Board (FOB) destination Freight: Prepaid and included Prepaid and included

06007 Draft Dated 08/21/2007 3 SPECIAL TERMS AND CONDITIONS

1. PRICES Unless otherwise clearly and specifically stated on Attachment A, all pricing will be considered to be fixed during the term of this contract and the price may not be increased on that product unless a force Majeure condition can be established. In the event of a force Majeure condition, the Vendor will submit sufficient justification for the request to the MMCAP Operations Manager, (“MMCAP Manager”) at least 30 days before the requested increase may (if approved) take effect. At no time should the ordering entity pay more than the Contract price. Agencies should contact the State Procurement Officer noted herein if there is a discrepancy between the price on the invoice and the Contract price. 2. PRODUCT SUBSTITUTION Contractor will not in any way cause, condone or encourage the purchase substitution of any MMCAP facility-ordered product without the approval of the ordering MMCAP facility. 3. CUSTOMER SERVICE Contractor has a customer service department at a toll-free number available to all MMCAP facilities for stock checks, product, or general information requests. 4. PURCHASE ORDER NUMBER Ordering systems will allow for the input of an individual purchase order number, assigned by the MMCAP facility, for each order submitted. 5. VALUE-ADDED-PROGRAMS MMCAP Participating Facilities must be offered any programs normally offered to the Vendor’s general customer base (e.g., continuing education courses, marketing information, etc.) at the same or lower cost as that offered to the general customer base.

6. TOLL-FREE ORDER TRANSMISSION The Contractor will provide toll-free order transmission service to all MMCAP facilities. 7. HOLDING OR LIMITING ORDERS BY THE VENDOR The Contractor will not hold shipments or limit standard orders in December or any other month. 8. MMCAP PARTICIPATING FACILITIES The Vendor must allow qualified new state agencies and political subdivisions joining MMCAP to be added to the current participants’ list and access contract prices throughout the term of this contract. Some Participating Entities statutorily permit non-profit facilities to access the Participating Entity’s contracts, thus permitting MMCAP membership. The MMCAP membership list distinguishes these facilities. As new facilities are added to MMCAP, the Vendor will be given 30 days, date of notification, to implement coverage for the newly participating facility.

9. DELIVERY SITES Contractor will deliver to a single mutually agreeable site at each MMCAP facility. Upon the majority agreement of the MMCAP facility, MMCAP Office and Contractor additional delivery sites may be added at an MMCAP facility.

10. CONTRACT CHANGES

06007 Draft Dated 08/21/2007 4 Contractor can not make changes to the Contract with regard to price, manufacturer, or product without written approval from the MMCAP Office. Contractor will enter MMCAP Contract changes (additions, deletions, price changes, etc) into the ordering system software of all distribution centers within 10 business days of the receipt of the MMCAP documents listing the product changes. 11. DIRECT CONTRACTS WITH MEMBER FACILITIES MMCAP does not authorize any direct contracts with its members using “MMCAP” Pricing. Any direct contracts between the Vendor and a Participating Facility may not refer to the pricing as “MMCAP Pricing”.

12. REMOVAL OF SELECT PRODUCTS Contractor will not remove any MMCAP Select product from its ordering system without notifying the MMCAP Office in writing and receiving MMCAP approval in writing. 13. ADMINISTRATION FEE CREDIT Contractor will pay an administrative fee on all purchases (minus any credits) by MMCAP facilities. Contractor will submit a summary of all business transacted quarterly under the contract, along with a check payable to the State of Minnesota Cooperative Purchasing Venture Revolving Fund for an amount equal to 0.5 percent of MMCAP total invoice sales to the MMCAP office. The administrative fee will be paid within 45 days after the end of each quarter. 14. ADMINISTRATIVE FEE: A single service fee will be added to all contract purchases delivered by Contractor. The Contractor will submit a check payable to “State of Minnesota, MMCAP Program” for an amount equal to 2.5 percent of MMCAP Participating Facilities’ purchases for all products covered by this contract. The administrative fee must be paid as soon as is reasonable after the end of each month, but no later than 30 days after the end of the month. MMCAP reserves the right to collect interest on payments 30 days past due at a rate of 18% annually.

15. Pricing Participating facilities may view pricing by going to the MMCAP website at www.mmcap.org and selecting catalog; applicable MMCAP contract (hyperlink) and the Access Code, provided by Office of State Procurement (OSP). Contractors are listed in alphabetical order; click MMCAP contract link to the right, for product line and MMCAP pricing offered by contractor.

CUSTOMER SERVICE 1. A Contractor representative will closely monitor the start-up phase of the Contract and provide frequent visits to each MMCAP facility as required. Training will be provided to MMCAP facility personnel on the use of the Contract, ordering procedures, management report usage, and any other in-service education programs determined necessary by the MMCAP facility. 2. Contractor will assign a contact person for MMCAP Office staff relating to the Contract 3. Contractor will assign a contact person for MMCAP facilities at each distribution center. The contact person will be at a management/administrative level and have the responsibility, experience, knowledge and authority to respond to questions and solve operational problems presented by the MMCAP facilities. The contact person’s office will be in the distribution center and be readily accessible to MMCAP facilities via toll-free phone line, fax, or email during the business day. The contact person will respond to any question, problem, request, etc., on the same working day it is presented.

06007 Draft Dated 08/21/2007 5 ORDER PLACEMENT 1. Contractor will provide an ordering system/method to each MMCAP facility that allows the option to quickly and accurately order products within the current and future technological capabilities of that facility. 2. The status of each order will be sent to each MMCAP facility on the day the order is placed. The line sequence of such status will match the line sequence of the MMCAP facility’s purchase order.

RETURN GOODS/CREDITS 1. The Contractor will supply a copy of its returned goods/credit policy to MMCAP’s distributors within 10 days of executing this contract.

06007 Draft Dated 08/21/2007 6 PERFORMANCE REPORT FOR PURCHASING & CONTRACT ADMINISTRATION

To OSP Customers: Please take a moment to let us know how our services have measured up to your expectations on this contract. Please copy this form locally as needed and forward to the Office of State Procurement Purchasing Manager. For any comments marked unacceptable, please explain in remarks block.

Procurement services provided: Excellent Good Acceptable Unacceptable  Timeliness of contract actions  Professionalism and courtesy of staff  Services provided met customer needs  Knowledge of procurement rules and regulations  Responsiveness/problem resolution  Timely and effective communications

Comments:

Agency: Prepared by: Contract No.: 03804 Title: Contract Title: HOSPITAL & MEDICAL SUPPLIES Date: Phone:

Send to:

General Administration Office of State Procurement PO Box 41017 Olympia, Washington 98504-1017

06007 Draft Dated 08/21/2007 7 PERFORMANCE REPORT FOR CONTRACTOR PRODUCT/SERVICE

Complete this form to report problems with suppliers or to report unsatisfactory product or services. You are also encouraged to report superior performance. Agency personnel should contact suppliers in an effort to resolve problems themselves prior to completion and submission of this report.

Contract number and title: CONTRACT 06007, CONDOMS (MMCAP)

Supplier’s name: Supplier’s representative:

PRODUCT/SERVICE

Contract item quality higher than required Damaged goods delivered Contract item quality lower than required. Item delivered does not meet P.O./contract specifications Other: SUPPLIER/CONTRACTOR PERFORMANCE

Late delivery Slow response to problems and problem resolution Incorrect invoice pricing. Superior performance Other: CONTRACT PROVISIONS

Terms and conditions inadequate Additional items or services are required. Specifications need to be revised Minimum order too high. Other:

Briefly describe situation:

Agency Name: Delivery Location: Prepared By: Phone Number: Date: Supervisor:

Address: Email:

Send To: ROZ KNOX STATE PROCUREMENT OFFICER OFFICE OF STATE PROCUREMENT PO BOX 41017 OLYMPIA, WA 98504-1017

06007 Draft Dated 08/21/2007 8