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CONTRACT Medgs/0004 SCHEDULE of REQUIREMENTS SUPPLY of INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS

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CONTRACT Medgs/0004 SCHEDULE of REQUIREMENTS SUPPLY of INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS CONTRACT MedGS/0004 SCHEDULE OF REQUIREMENTS SUPPLY OF INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS DEFFORM 110 Name and Address of Contractor: MINISTRY OF DEFENCE CONTRACT NO: Prometheus Medical Limited SCHEDULE OF REQUIREMENTS MedGS/0004 The Old Rectory FOR THE SUPPLY OF Hope under Dinmore INTRAOSSEOUS INFUSION EZ-IO Dated: 04 July 2011 Herefordshire SYSTEM & ASSOCIATED PARTS HR6 0PW TABLE 1 ARTICLES REQUIRED Item No Description Annual Firm Price £ (ex VAT) 1. Provision of Articles in accordance with Annex A to the Schedule of Requirements: Year 1 £886,632.00 Year 2 £916,277.00 (Option Year) Total Estimated Price £1,802,909 Profit Rate to be used for any new Articles 10% Lead Time (in Working Days) 15 Working Days ANNEX A TO MedGS/0004 SoR SUPPLY OF INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS ITEM NSN SIN LONG DESCRIPTION PART NUMBER AEQ DofQ PPQ CY1 Firm OY2 Firm LEAD TIME (IN TOTAL ANNUAL TOTAL ANNUAL Price Price WORKING ESTIMATED ESTIMATED DAYS) PRICE (Ex VAT) - PRICE (Ex VAT) - CY1 CY2 [REDACTED INTRAOSSEOUS INFUSION PACK, COMPRISING OF EZ-IO POWER INFORMATION - [REDACTED INFORMATION - A1 6515-99-493-5310 POWER DRIVER IO DEVICE, 3 x ADULT NEEDLES 15G x 100020 280 PK 1 15 SYSTEM COMMERCIAL COMMERCIAL INTERESTS] 25MM & HARD CASE EZ-IO SYSTEM INTERESTS] [REDACTED INTRAOSSEOUS INFUSION PACK, COMPRISING OF EZ-IO MANUAL INFORMATION - [REDACTED INFORMATION - A2 6515-99-666-7644 REUSABLE MANUAL DEVICE, 3 x ADULT NEEDLES 15G x 100010 980 EA 1 15 SYSTEM COMMERCIAL COMMERCIAL INTERESTS] 25MM & SOFT CASE EZ-IO SYSTEM INTERESTS] [REDACTED NEEDLE INTRAOSSEOUS INFUSION SIZE SMALL 15G x NEEDLE EZ-IO INFORMATION - [REDACTED INFORMATION - A3 6515-01-537-9013 15MM (3-39KG) FUW MANUAL OR POWERED EZ-IO 9018 700 PK 1 15 SMALL COMMERCIAL COMMERCIAL INTERESTS] DEVICE, SINGLE USE, PACK OF 5 INTERESTS] [REDACTED NEEDLE INTRAOSSEOUS INFUSION SIZE LARGE 15G x NEEDLE EZ-IO INFORMATION - [REDACTED INFORMATION - A4 6515-01-537-9007 25MM (40+KG) FUW MANUAL OR POWERED EZ-IO 9001 540 PK 1 15 LARGE COMMERCIAL COMMERCIAL INTERESTS] DEVICE, SINGLE USE, PACK OF 5 INTERESTS] [REDACTED NEEDLE INTRAOSSEOUS INFUSION SIZE EXTRA LARGE NEEDLE EZ-IO INFORMATION - [REDACTED INFORMATION - A5 6515-99-994-0459 15G x 45MM FUW MANUAL OR POWERED EZ-IO DEVICE, 9079 220 PK 1 15 EXTRA LARGE COMMERCIAL COMMERCIAL INTERESTS] SINGLE USE, PACK OF 5 INTERESTS] [REDACTED TRAINING PACK EZ-IO COMPRISING OF POWER/MANUAL TRAINING PACK INFORMATION - [REDACTED INFORMATION - A6 6910-99-417-8847 DRIVERS, ADULT/PAEDIATRIC TRAINING NEEDLES, 100030 12 EA 1 15 EZ-IO COMMERCIAL COMMERCIAL INTERESTS] BONE SIMULANT, DVD & MANUAL INTERESTS] [REDACTED EXTENSION SET EXTENSION SET, LOW PROFILE 90 DEGREE LUER LOCK, INFORMATION - [REDACTED INFORMATION - A7 6515-01-583-0306 9013 50 PK 1 15 EZ-IO STERILE, SINGLE USE COMMERCIAL COMMERCIAL INTERESTS] INTERESTS] TOTAL £886,632.00 £916,277.00 KEY TO ABBREVIATIONS NSN - NATO STOCK NUMBER DofQ - Denomination of Quantity AEQ - Annual Estimated Quantity PPQ - Primary Packaging Quantity EA - EACH PK - PACK CONTRACT MedGS/0004 TERMS AND CONDITIONS SUPPLY OF INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS CONTENTS 1. GENERAL CONDITIONS OF CONTRACT 2. DURATION 3. SAFETY 4. AGREED PRICES AND FUTURE PRICING 5. AUTHORISED DEMANDERS 6. ORDERING PROCEDURE 7. COMPLIANCE WITH THE ELECTRONIC TRANSACTION AGREEMENT 8. PACKAGING AND MARKING 9. PAYMENT 10. EXTENSION OF TIME 11. PUBLICITY 12. PRECEDENCE 13. SUB-CONTRACTING 14. CONTRACTOR’S PERSONNEL 15. SPECIAL TASKING REQUIREMENTS 16. AMENDMENTS Annex: A – DEFFORM 522A (Edn 07/99) B – DEFFORM 30 (Edn 01/07) C – Special Tasking Form Appendix – DEFFORM 111 – Addresses and Other Information TERMS AND CONDITIONS APPLICABLE TO ENABLING CONTRACT MedGS/0004 - FOR THE SUPPLY OF INTRAOSSEOUS INFUSION EZ-IO SYSTEM & ASSOCIATED PARTS 1. GENERAL CONDITIONS OF CONTRACT The following Defence Conditions shall apply: Number Edition Title DEFCON 5 07/99 MOD Form 640 - Advice & Inspection Note DEFCON 5J 07/08 Unique Identifiers DEFCON 68 05/11 Supply of Data for Hazardous Articles, Materials and Substances DEFCON 76 12/06 Contractor’s Personnel at Government Establishments DEFCON 113 10/04 Diversion Orders DEFCON 129 07/08 Packaging (For Articles other than Ammunition and Explosives) DEFCON 129J 07/08 The use of the Electronic Business Delivery form DEFCON 501 04/04 Definitions and Interpretations DEFCON 502 06/08 Specification DEFCON 503 07/05 Amendments to Contract DEFCON 507 10/98 Delivery DEFCON 509 09/07 Recovery of Sums Due DEFCON 513 06/10 Value Added Tax DEFCON 515 10/04 Bankruptcy and Insolvency DEFCON 516 06/04 Racial Discrimination DEFCON 518 09/97 Transfer DEFCON 520 08/09 Corrupt Gifts and Payments of Commission DEFCON 521 10/04 Sub-Contracting to Supported Employment Enterprises DEFCON 522 07/99 Payment DEFCON 522J 05/03 Payment under P2P DEFCON 523 03/99 Payment of Bills Using the Bankers Automated Clearing Service (BACS) System DEFCON 524 10/98 Rejection DEFCON 525 10/98 Acceptance DEFCON 526 08/02 Notices DEFCON 527 09/97 Waiver DEFCON 528 10/04 Overseas Expenditure and Import Licences DEFCON 529 09/97 Law (English) DEFCON 530 07/04 Dispute Resolution (English Law) DEFCON 531 05/05 Disclosure of Information. NB Annex E is attached for information DEFCON 532A 06/10 Protection of Personal Data (where personal data is not being processed on behalf of the authority) and DEFFORM 532 DEFCON 534 06/97 Prompt Payment (Sub-Contracts) DEFCON 537 06/02 Rights of Third Parties DEFCON 538 06/02 Severability DEFCON 566 02/11 Change of Control of Contractor DEFCON 602B 12/06 Quality Assurance (Without Deliverable Quality Plan) DEFCON 606 10/97 Change and Configuration Control Procedures DEFCON 608 10/98 Access and Facilities to be Provided by the Contractor DEFCON 609 10/98 Contractor’s Records DEFCON 610B 12/02 Enabling Contracts –Duration Period (Spares/Repairs Contracts) DEFCON 612 10/98 Loss of or Damage to the Articles DEFCON 614 09/03 Default DEFCON 615A 03/04 Orders for Articles/Services Under Enabling Contracts DEFCON 616 10/98 Competition/Alternative Sourcing Number Edition Title DEFCON 617 12/02 Enabling Contracts - Estimated Quantities DEFCON 618 12/02 Enabling Contracts - Standing Offer DEFCON 619A 09/97 Customer Duty Drawback DEFCON 621B 10/04 Transport (if the Contractor is responsible for Transport) DEFCON 624 04/10 Use of Asbestos in Arms, Munitions or War Materials DEFCON 625 10/98 Co-operation on Expiry of Contract DEFCON 632 02/07 Third Party Intellectual Property rights – Commercial and Non- Commercial Articles and Services DEFCON 642 06/97 Progress Meetings DEFCON 644 10/98 Marking of Articles DEFCON 691 Interim Timber and Wood-containing products supplied under the contract 08/02 Clauses 4 and 5 of DEFCON 691 shall not apply to Demand Orders where the value of timber is less than £100 DEFFORM 30 01/07 The Electronic Transaction Agreement DEFFORM 111 05/10 Appendix-Addresses & Other Information DEFFORM 522A 09/99 Relevant Form Details For DEFCON 522 Payment Condition 2. DURATION 2.1 The Contract shall come into force on the date of acceptance of the Authority’s offer and shall become operational on unconditional acceptance of the Contract and shall continue in force for a period of 1 year from the date of acceptance, or until such time as may be determined pursuant to Condition 2.2 unless terminated in accordance with any other Condition of Contract. 2.2 The award of Contract shall act as consideration and give the Authority the right to extend the duration of Contract by a further 12 months (i.e. option period) at its sole discretion. 2.3 In the event that the Authority exercises its right under Clause 2.2, the prices shown in the Schedule of Requirements shall apply as shall all existing Terms and Conditions of the Contract. 2.4 If the Contractor’s performance meets the performance levels required by the Key Performance Indicators (KPIs), and, subject to there being a continuing requirement, the Authority will exercise the option to extend the Contract. The Authority shall give the Contractor at least three months notice before the Contract expiry date of its intention to take up any option period. 3. SAFETY 3.1 In this Condition ‘Relevant Obligation’ means any statutory duty or obligation or any obligation under a British or European Standard in relation to health and safety. 3.2 The Contractor shall comply with all Relevant Obligations and shall be responsible for ensuring that none of the specifications in the Contract causes the Contractor to be in breach of any Relevant Obligation. 3.3 Nothing in the Contract or in any other document created or signed on behalf of the Authority shall constitute a written undertaking for the purposes of Section 6 (8) of the Health and Safety at Work Act 1974 relieving the Contractor of any of his duties under Section 6 of the Act. 3.4 The Authority shall be entitled to reject, in accordance with DEFCON 524, any Article if any safety requirement stipulated in the Contract has not been met. 4. AGREED PRICES AND FUTURE PRICING 4.1 In consideration for the payment of the sum of £1.00 (one pound) by the Authority to the Contractor, the Contractor shall not for the duration of the Enabling Contract and its option period as detailed in Condition 2 withdraw or amend in any way the standing offers contained in the Enabling contract except by agreement in accordance with DEFCON 503. 4.2 Unless otherwise stated in the Schedule of Requirements, the price of each Item for the Contract shall be Firm (i.e. not subject to variation in any respect) and shall include packaging and delivery in accordance with the terms and conditions of the Contract.
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